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HomeMy WebLinkAbout3375 1 ORDINANCE NO. -- cQ.37;; / 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 2022 ENTITLED IN PART "AN ORDINANCE DEFINING NUISANCES. . ."; 3 AND PROVIDING THAT THE CHIEF ENGINEER OF THE FIRE DEPARTMENT, IN LIEU OF THE CITY ENGINEER, SHALL GIVE AND POST APPROPRIATE NOTICES 4 AND MAKE THE REQUISITE ASSESSMENTS OF COSTS RELATING TO SUCH NUISANCES. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Ordinance No. 2022 Section Two is hereby 8 amended to read as follows: 9 "Section Two: Any owner, agent or person having charge of 10 or occupying any lot or premises within the City of San Bernardino 11 who refuses or neglects for a period of five days after receiving 12 notice from the Chief Engineer of the Fire Department of said 13 City to remove any of the things hereinbefore declared to be a 14 nuisance, shall be guilty of a misdemeanor, and upon conviction 15 thereof shall be punished by a fine not exceeding $50.00, or by 16 imprisonment in the City Jail not exceeding thirty days, or by 17 both fine or imprisonment in the discretion of the court." 18 SECTION 2. Ordinance No. 2022 Section Five is hereby 19 amended to read as follows: 20 "Section Five: After the passage of said resolution, the 21 Chief Engineer shall cause to be conspicuously posted on or in 22 front of the property on which, or in front of which said 23 nuisance exists, 'NOTICE TO CLEAN PREMISES'. Said title shall be 24 in words not less than one inch in height, and the contents of said notice shall be in substantially the following form: 25 26 'NOTICE IS HEREBY GIVEN that on the day of , 19 , the Council of the Clty of San Bernardino passed a resolution declaring that weeds, dry grass, dead trees, tin cans, abandoned asphalt or concrete, rubbish, refuse, or waste 27 28 -1- materials of any kind, were upon or in front of property in the City of San Bernardino, and more particularly described in said resolution, and that the same constitutes a public nuisance which must be abated by the removal of said nuisance; otherwise, it will be removed and the nuisances will be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which or in front of which said nuisance is removed, and such costs will con- stitute a lien upon such lots or land until paid. Reference is hereby made to Resolution No. ____ for further particulars. All property owners having any objections to the proposed removal of said nuisance and the abatement of said nuisance may make and file written protests at any time not later than the hour set for hearing, to be held on the day of ,19, at P.M., in the Council Chambers in the City Hall, San Bernardino, California, at which time and place their objections will be heard and given due consideration. Dated: , 19 I " SECTION 3. Ordinance No. 2022 Section Eight is hereby amended to read as follows: I I I "Section Eight: If the Council deems it advisable to have the work described in this ordinance performed under contract, and bids are submitted for said work, all bids so submitted shall be accompanied by a check payable to the city, certified by a responsible bank, in the sum of $300.00, which check must be forfeited to the city upon failure of the bidder to enter into the contract awarded. The City Council may reject any and all proposals or bids and re-advertise or order the Street Superin- tendent to abate said nuisance." SECTION 4. Ordinance No. 2022 Section Ten is hereby amended to read as follows: "Section Ten: The Street Superintendent shall, upon -2- - I I I i completion and approval of the work forthwith make an assessment I 2 to cover the cost of abating said nuisance (including all 1 3 incidental expenses). The assessment shall refer briefly to the 4 work performed and shall show the amount to be paid therefor, 5 together with all incidental expenses, the amount of each assess- 6 ment against each lot or portion of lot, and the lot and block 7 number according to the official County Assessor's maps; pro- 8 vided, however, that where the work performed covers only a 9 portion of a lot or parcel as indicated on the County Assessor's 10 maps, the assessment shall be levied against the entire lot or 11 parcel assessed for taxes. Said assessment shall then be filed 12 with the City Clerk, who shall then cause a notice of that fact 13 to be posted for at least three days on or near the Chamber door 14 of the City Council, in the City Hall, San Bernardino, California 15 Said notice shall give the time when said assessment shall be 16 submitted to the Council for confirmation or modification, and 17 when all persons having any objections thereto may appear and 22 18 present the same. Said objections must be filed in writing with 19 the City Clerk not later than the hour set for hearing." 20 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at ~~ ~~~~eeting thereof, on the ~ 7t:!J day of'/ ~.,,~/ , 1973, by the following held 21 23 vote 24 to wit: " , " 28 ABSENT: Councilmen C~~ ::hh~"~A=? ~~<; ~IY-~ 7'~ 'J -v 25 AYES: 26 27 NAYS: , -3- ~,The foregoing ordinance is hereb~approved this::' ~j.t: day of U~L.i;C , 1973. // v 1 2 3 4 an Bernard~no 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Approved as to form: , 6 ._,,/n._"\ Jr //1 ("co::',', ./....,',...', / .' / ,-' -, '-c . ',>{( A1;.torney "/'"' ., 7 , . -c~ ty (P) 8 9 10 F"''" ~ If" " ~ a -':it y.,-_~:::;3" :~-~ "_.:r >.' LUC!LLL:: ~.:) "',hT:. :..;:~f:'. .lii... -4-