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11 ORDINANCE NO. 3.3t:, 7 .
i' / I
I ORDINANCE OF THE CITY OF SAN BERNARDINO PROHIBITING THE 'I
ACCUMULATION OF REFUSE AND CERTAIN OTHER COMBUSTIBLE AND NON-
I COMBUSTIBLE MATERIALS; PROVIDING FOR THE ABATEMENT THEREOF AND FORI
' PROCEDURES FOR NOTICE AND HEARING PERTAINING THERETO; AND REPEAL-
11 ING ORDINANCE NOS. 2506 AND 2512.
Ii THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
I: DO ORDAIN AS FOLLOWS:
Ii SECTION 1. The accumulation of any of the following in any
I' yard, lot, or upon any premises within the City of San Bernardino
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11.lhieSahletrheabYnddetchlearseadfettOy be a public nuisance and dangerous to public
of the inhabitants of said City: rubbish,
i!refuse, debris, waste material, and other matter including but not
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II limited to rocks, bricks, soil, cement, building materials,
machinery or parts thereof, tools, scrap metal and other pieces of
metal, ferrous and nonferrous, furniture or parts thereof, in-
I operative vehicles or parts thereof, vegetation, cans, boxes,
barrels, bottles, whether full or not, or stores of commercial
supplies, and other matter whether usable or not, straw, shavings,
sacks, bags, litter, weeds, dry grass, dead trees or shrubs or
branches thereof, used lumber or wood, or combustible waste or
fragments of any nature or kind.
The Chief Engineer of the Fire Department of said City, or
his authorized representative, hereinafter called Chief Engineer,
shall have the right to enter upon private property to determine
whether such a public nuisance exists.
SECTION 2. The Chief Engineer shall notify the owner,
occupant or agent thereof, or person in charge or control of the
property, each hereinafter referred to as "owner", personally or
by certified mail of such accumulation, and shall conspicuously po t
. . . .
. . . .
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such notice in writing on any .lot or premises upon which the
Chief Engineer or his representative determines after investigati n
that such public nuisance exists. Such notice shall bear a title
with the following words: "NOTICE TO CLEAN PREMISES" in letters
not less than one inch in height and which shall, in legible
characters, direct the abatement of the nuisance and refer to
this ordinance for particulars. Such notice shall require the
owner to commence the abatement within five (5) days and to com-
plete such abatement within ten (10) days from the date of the
notice. Notices which are served personally or by certified
mail shall be addressed to the owner of the property at the
address shown on the last available assessment roll, or as other-
wise known. Service by certified mail shall be deemed complete
upon deposit in a public receptacle for united States mail.
SECTION 3. said notice shall state that any time within ten
(10) days from the date of posting and service of such notice,
such owner of said premises may appeal the decision of the Chief
Engineer of the Fire Department or his representative by filing
written objections thereto in the office of the Chief Engineer
of said City. At 9:30 a.m. on the Tuesday next fOllowing the
date of receipt of such appeal or on any date to which the
hearing is continued, the Fire Commission of said city shall hold
a public hearing at the Central Fire Station, 456 North Mt. View,
San Bernardino, California, and shall hear and consider
objections to the proposed abatement of said nuisance and shall
approve or reject any objections. If objections have not been
made or have been rejected, the Fire Commission, by motion, may
find the existence of a public nuisance and may order the Street
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1 Superintendent to cause such nuisance to be abated under this
2 ordinance, provided that the owner of said premises shall first
3 have five (5) days from the date of said order to remove and
4 abate the nuisance at his own expense.
5 SECTION 4. In the event the nuisance is not abated by the
6 owner within the time prescribed, the Street Superintendent or
7 his representative is authorized to cause such nuisance to be
8 abated by removing said rubbish, refuse, debris, waste material,
9 and other matter including but not limited to rocks, bricks,
10 soil, cement, building materials, machinery or parts thereof,
11 tools, scrap metal and other pieces of metal, ferrous or nonferro s,
12 furniture or parts thereof, inoperative vehicles or parts thereof
13 vegetation, cans, boxes, barrels, bottles, whether full or not,
14 or stores of commercial supplies, and other matter whether usable
15 or not, straw, shavings, sacks, bags, litter, weeds, dry grass,
16 dead trees or shrubs or branches thereo~used lumber or wood,or
17 combustible waste, or fragments of any nature or kind. The Street
18 Superintendent or his authorized representative shall have the
19 right to enter upon private property to abate said public
20 nuisance.
21 SECTION 5. The Street superintendent shall submit to the
22 Common Council an itemized report of the cost of abatement of
23 each separate parcel of land and shall post a copy thereof on or
24 near the door of the Council Chambers at city Hall, San Bernardin,
25 at least five (5) days prior to such submission.
26 The Common Council shall consider the report with any
27 objections of property owners liable to be assessed for abatement
28 and shall confirm or modify the report by motion or resolution.
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The cost of abatement in front of or upon each parcel of
land constitutes a special assessment thereon. After the assess-
ment is made and confirmed it is a lien on said parcel and shall
be collected in the manner provided in Sections 39578 and 39584
of the Gov. Code.
SECTION 6. When any of said matter referred to in Section I
of this ordinance or other materials have been removed from said
yard, lot or premises pursuant to the foregoing abatement
procedures and have been determined by the Street Superintendent
to be salvageable, said matter and materials shall be inventoried
and held and retained by the Street Superintendent for a period
of at least thirty (30) days after written notice that said
matter and materials are being held at a specified place for
delivery to the owner thereof and a copy of said inventory has
been served, by certified maiL to the last address of record,
postage prepaid, or by personal delivery, upon said owner.
In the event said owner does not take possession of and
remove at his own expense said matter and materials from the
place where stored by the Street Superintendent within thirty
(30) days after said service upon him, the City shall have a lie
against said matter and materials for storage charges for the
thirty (30) day period, and said matter and materials shall
thereafter be appropriated for the use of the City of San
Bernardino or disposed of or sold at public auction as follows:
(A) Notice of such sale describing the matter and material
in sufficient detail for its identification, shall be
published once by the Street Superintendent at least five
(5) days before the time fixed for said sale in a regularly
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published newspaper of general circulation in said City.
(B) Said matter and materials offered for sale shall be
sold to the highest bidder for cash, provided that the
Street Superintendent may, at his discretion, fix a minimum
sale price and may refuse to sell unless said minimum price
is offered.
(C) Proceeds of said auction sale or sales shall be applied
towards the cost of abatement of said nuisance and the
remainder, if any, shall be deposited with the City
Treasurer of said City, placed in the general fund thereof,
provided that in the event the costs of conducting said
auction sale or sales and said storage charges are less than
said proceeds, then the balance or difference between said
costs and the total proceeds shall be refunded to the owner.
SECTION 7. In the event of an "urgent" public nuisance,
it shall be the duty of the Chief Engineer of the Fire Department
of said City to notify the owner of any lot or premises to abate
the same of any or all matter referred to in section 1 of this
ordinance and found to constitute an urgent public nuisance.
Such notice shall be in writing and shall be delivered to said
owner personally, or shall be conspiciously posted on such lot
or premises and if such owner shall neglect to do so, for forty
eight (48) hours after service or posting of such notice, then
said Chief shall cause said lot or premises to be cleared of all
such matter, and said nuisance to be abated, and the expense of
such clearing, together with an inspection fee of not more than
ten dollars ($10.00), shall be a lien on said lot. The
procedures to be followed with respect to the assessment of the
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foregoing expense and fee shall be the same as those set forth in
Section 6 hereof. The word "urgent" public nuisance as herein
employed shall mean whatever is a menace to public health or safe y,
or whatever constitutes a fire hazard under conditions which
would be judicially determined to be a nuisance per se,or a
nuisance in fact, or where the destruction or removal of the
objectionable items is reason~bly necessary under the circum-
stances to prevent immediate harm to the public.
SECTION 8. Any person, partnership, firm or corporation
whether as principal, agent, employee, or othervlise, interferring
obstructing or preventing or causing the interference,
obstruction or prevention, of or with, the enforcem8nt or per-
formance of any of the provisions of this ordinance by the Chief
Engineer, the street Superintendent, or other authorized person
shall be guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not more than five hundred
dollars ($500.00) or by imprisonment for a term not to exceed
six (6) months, or by both such fine and imprisonment.
SECTION 9. If any section, sentence, clause or phrase of
this ordinance is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance. The
Common Council of the City of San Bernardino hereby declares
that it would have passed and does hereby pass this ordinance
and each section, sentence, clause and phrase hereof,
irrespective of the fact that anyone or more sections,
sentences, clauses or phrases be declared invalid or uncon-
stitutional.
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SECTION 10. Ordinance Nos. 2506 and 2512 are hereby repea1e
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I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor ard Common Council of the City of San
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Bernardino at a ~i/IAA~ meeting thereof, held
on theJ~ ,. day of /C7'<.t" , 1973, by the following vote,
to wit: f/ ___
Councilmen /~ I
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AYES:
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NAYS:
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ABSENT:
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The foregoing ordinance is
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of 7"-/~ ,
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of Sgn Bernardlno
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1973.
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as to form:
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