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ORDINANCE NO. .3 70 !
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 3367 ENTITLED IN PART "ORDINANCE PROHIBITING THE ACCUMULATION
3 OF REFUSE AND CERTAIN OTHER MATERIALS. . ."; PROVIDING DEFINITION
OF PUBLIC NUISANCES; MAKING CERTAIN VIOLATIONS INFRACTIONS; AND
4 PROVIDING FOR THE ISSUANCE OF CITATIONS TO OBTAIN COMPLIANCE.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. Ordinance No. 3367, Section 1 is hereby amended
read as follows:
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yard,
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"SECTION 1. The accumulation of any of the following in an
lot, or upon any premises within the City of San Bernardino
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except within buildings or in containers or receptacles designed
for such storage and accumulation, is hereby declared to be unlaw-I
ful and a public nuisance and dangerous to public health and safetj
of the inhabitants of said City: rubbish, refuse, debris, waste
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material and other matter including but not limited to rocks,
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bricks, scrap metal and other pieces of metal, ferrous and non-
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I ferrous, furniture or parts thereof, vegetation, cans, boxes,
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ibarrels, bottles, stores of commercial supplies, and other matter
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whether usable or not, straw, shavings, sacks, bags, litter, weeds
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dry grass, dead trees or shrubs or branches thereof, used lumber ot
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wood, combustible waste, fragments of any nature or kind, sawdust, I
'[excelsior, printed matter, paper, pasteboard, cardboard, cardboard I
iboxes or crockery. No person, firm or corporation shall allow or i
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II permit the aforesaid matter to accumulate or be upon her, his or I
II its premises or upon premises controlled by them except within
ilbUildingS or in appropriate containers or receptacles.
11 The Chief Engineer of the Fire Department of said City,
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II his authorized representative, hereinafter called
Ii shall have the right to enter upon private property to determine
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Chief Engineer, I
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1 "whether such a public nuisance exists."
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SECTION 2. Ordinance No. 3367, Section 2 is hereby amended
3 to read as follows:
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"SECTION 2. The Chief Engineer shall notify the owner,
5 occupant or agent thereof, or person in charge or control of the
6 property, each hereinafter referred to as "owner", personally or
7 by certified mail of such accumulation, and shall conspicuously
8 post such notice in writing on any lot or premises upon which the
9 Chief Engineer or his representative determines after investigatio
10 that such public nuisance exists. Such notice shall bear a title
11 with the following words "NOTICE TO CLEAN PREMISES" in letters
12 not less than one inch in height and which shall direct the
13 abatement
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15 I aba temen t
16 !Iwithin ten
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of the nuisance and refer to this ordinance for par-
Such notice shall require the owner to commence the
within five (5) days and to complete such abatement
(10) days from the date of the notice. Notices which
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by certified mail shall be addressed to the owner
I.of the property at the address shown on the last available assess-
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ilment roll, or as otherwise known. Service by certified mail shall
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I'be deemed complete upon deposit in a public receptacle for United
!.States mail. Said notices shall specify that a failure to comply
Iwith the notice is an infraction.
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Any firm, corporation, owner, agent, occupant, or person
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iin charge or control of real property who refuses or neglects to
Iremove and abate any accumulation of matter described in Section
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!ITO Clean premises" served upon them shall be guilty of an in-
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!fraction.
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Each succeeding day that a person, firm or corporation
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refuses or neglects to remove and abate the matters determined
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to be a nuisance shall constitute a separate infraction hereunder.
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In the case of an appeal filed pursuant to Section 3 hereof, the
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time period for required removal and abatement shall be extended
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as set forth in said Section 3.
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The Chief Engineer and his designated representatives shall
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enforce the provisions of this ordinance and are authorized to
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make arrests and issue notices to appear pursuant to Section 836.5
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and Chapter 5C of Part 2 Title 3 (Section 853.6, et. seq.) of the
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Penal Code of the State of California.
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Any person, firm or corporation who shall violate any of
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the provisions of this ordinance specified to be infractions shall
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be deemed guilty of an infraction and upon conviction of said
infraction, shall be punished by a fine not exceeding fifty
i dollars ($50.00) for a first violation; a fine not exceeding one-
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I; hundred dollars ($100.00) for a second violation thereof within
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one year; and a fine not exceeding two-hundred fifty dollars
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($250.00) for each additional violation thereof within one year.
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The conviction of an infraction hereunder shall have no
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effect on any abatement process or procedure followed by the
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City of San Bernardino."
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SECTION 3. Ordinance No. 3367, Section 3 is hereby amended
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"Section 3. Said notice shall state that any time within
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ten (10) days from the date of posting and service of such
I notice, any person may appeal the decision of the Chief Engineer
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I of the Fire Department or his representative by filing written
II objections thereto in the office of the Chief Engineer of said
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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 Superintendent to cause such nuisance to be abated
under this ordinance, provided that the owner of said premises
shall first have five (5) days from the date of said order to
remove and abate the nuisance at his own expense."
SECTION 4. Ordinance No. 3367, Section 4 is hereby
amended to read as follows:
"Section 4. In the event the nuisance is not abated
by the owner within the time prescribed, the Street Super-
intendent or his representative is authorized to cause such
nuisance to be abated by removing said rubbish, refuse, debris,
waste material, and other matter including but not limited
to rocks, bricks, scrap metal and other pieces of metal,
ferrous and nonferrous, furniture or parts thereof, vegetation,
cans, boxes, barrels, bottles, 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, combustible waste, fragments
of any nature or kind, sawdust, excelsior, printed matter,
paper, pasteboard, cardboard, cardboard boxes or crockery. The
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Street Superintendent or his authorized representative shall
have the right to enter upon private property to abate said
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public nuisance."
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I HEREBY CERTIFY that the foregoing ordinance was
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duly adopted by the Mayor and Common Council
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San Bernardino at, a/7l tL..rt,'fHt'I14</' lc4,;,Av
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held on the y>-J' ' day of )4-1Uwtr
fOllowing vote to wit:
of the City of
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meeting thereof
, 197{bY the
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AYES:
Councilmen
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Bernardi~o
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NAYS:
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ABSENT:
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--:-..:.:--
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erk
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,-Y'7 ' day I
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'J7t.i-lA.M
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, 1978.
'\The foregoing ordinance is
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of
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FILED
JAN 2 5 1978
~~u-: G01;~1~~ Clerk
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