HomeMy WebLinkAbout3496, 4-21-19751
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ORDINANCE NO.,. �
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 3028. ENTITLED IN PART "AN ORDINANCE PROVIDING FOR THE ABATE-
MENT OF PUBLIC NUISANCES . . ."; AND PRESCRIBING A HEARING ON A
NOTICE TO SHOW CAUSE ON THE ABATEMENT OF PUBLIC NUISANCES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
�DO ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 3028 Section 3 is hereby amended
Ito read as follows:
"Section 3. Notice and Order. The City Engineer, Street
Superintendent, Zoning Enforcement Officer, Superintendent of
Building and Safety or other authorized officer of the City of San
Bernardino, hereinafter called city officer, may issue a notice
and order to show cause why a public nuisance should not be abated
within ten (10) days from the date of mailing such notice and
lorder. The notice and order shall be directed to the record
lowner of, and any other person, firm or corporation having a
lknown legal interest in, the land or real property upon or in
which a public nuisance exists or which is adjoining and has, in
part, directly or indirectly caused or contributed to the creation
or maintenance of such public nuisance. The notice and order
(shall contain (1) the date and time of the hearing on such order
lbefore the city officer issuing same; (2) a street address, if
any, and a legal description sufficient for identification of said
land or real property; (3)' a statement that the city officer has
found the public nuisance to be hazardous or dangerous with a
brief and concise description of the conditions found to render it
(dangerous; (4) a statement of the action required to be taken as
determined by the city officer which may be to commence and com-
plete the repair of the public nuisance within designated time
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jlimits or to commence and complete the demolition of the public
nuisance within designated time limits and which shall include
the securing of all required permits therefor; (5) statements
advising that if any required repair or demolition work relating
to the public nuisance is not commenced and completed within the
times specified, the city officer or the Mayor and Common Council
of the City of San Bernardino may proceed to cause the work to be
done and charge the costs thereof against the property or its
owners; (6) statements advising that any person having any record
Ititle or interest in said land or real property may appeal from
the notice and order or any action of the city officer to the
Mayor and Common Council of the City of San Bernardino provided
the appeal is made in writing and as provided in this ordinance
and filed with the City Clerk within five days after the date set
for hearing of said order before the city officer issuing same;
that failure to appeal will constitute a waiver of all right to
an administrative hearing and determination of the matter; and
(7) a statement that any person having any record title or legal
interest in said land or real property may be represented by legal
counsel at all stages of the proceedings."
SECTION 2. Ordinance No. 3028 Section 6 is hereby amended
to read as follows:
"Section 6. Appeal.
(a) Any person entitled to service under this ordinance
may appeal from any notice and order or any action of the dity
officer under this ordinance by filing at the office of the City
Clerk of the City of San Bernardino within five days after the
date set for hearing of said order before the city officer issuing
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same, a written appeal containing (1) a brief statement setting
forth the legal interest of each of the appellants in the land or
real property involved in the notice and order; (2) a brief state-
ment in ordinary and concise language of the specific order or
action protested, together with any material fact claimed to
support the -contentions of the appellants; (3) a brief statement
in ordinary and concise language of the relief sought, and the
reasons why it is claimed the protested order or action should
be reversed, modified, or otherwise set aside; (4) the signature
of all parties named as appellants, and their official mailing
addresses; and (5) the verification (by declaration under penalty
of perjury) of at least one appellant as to the truth of the
matters stated in the appeal.
(b) Upon receipt of any appeal filed pursuant to this
section, the City Clerk shall present it at the next regular,
adjourned regular or special meeting of the Mayor and Common
Council.
(c) As soon as practicable after receiving the written
appeal, the City Clerk shall fix a date, time and place for the
hearing of the appeal by the Mayor and Common Council. Such date
shall be not less than ten (10) days nor more than sixty (60)
days from the date the appeal was filed with the City Clerk.
Written notice of the time and place of the hearing shall be
given at least ten (10) days prior to the date of the hearing to
each appellant by the City Clerk either by causing a copy of such
notice to be delivered to the appellant personally or by mailing
a copy thereof, postage prepaid, addressed to the appellant at
his address shown on the appeal.
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(d) Failure of any person to file an appeal in accordance
with the provisions of this section shall constitute a waiver of
his right to an administrative hearing and adjudication of the.
notice and order or any portion thereof.
(e) Enforcement of any notice and order of the city
officer issued under this ordinance shall be stayed during the
pendency of an appeal therefrom which is properly and timely
filed.
(f) The notice to appellant shall be substantially in the
following form, but may include other information:
'You are hereby notified that a hearing will be held be-
fore the Mayor and Common Council of the City of San Bernardino
at on the day of ,
19 at the hour of .m., upon the notice and order
served upon you. You may be present at the hearing. You may be,
but need not be, represented by counsel You may present any
frelevant evidence and will be given full opportunity to cross-
examine all witnesses testifying against you to show cause why
the order served upon you should not be carried out.'
(g) The hearing need not be conducted according to the
technical rules relating to evidence and witnesses, and the Mayor
and Common Council shall hear and accept all relevant evidence
offered by the appellant involved. The Mayor and Common Council
shall within a reasonable time after the conclusion of the hear-
ing render its decision in writing. The decision shall.state the
reasons therefor, and shall be delivered to the appellant per-
sonally or sent to him by certified mail, postage prepaid, return
receipt requested. The effective date of the decision shall be
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on the date of the mailing or personal service of said decision.
The -decision of the Mayor and Common Council shall.be final."
SECTION 3. This ordinance is an emergency and urgency
measure necessary for the immediate preservation of the public
peace, health or safety and shall go into effect immediately upon
its adoption and approval. The facts constituting such emergency
are:
There are many buildings and structures within the City of
San Bernardino that are structurally unsafe because they have
been extensively damaged by fire, constitute a fire hazard or
are otherwise dangerous to human life, and should be abated as
public nuisances.
I HEREBY CERTIFY that .the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
ry
Bernardino at a Gam, meeting thereof, held
on the day of 1975, by the following
vote, to wit:
AYES: Councilmen
ABSENT:
The foregoing ordinance is hereby ap
of 1975.
Appro-,�;e�' s to form:
-City At orney
C
I
City Clerk I
W�fee this day
oj: (Lhe City of San Bernardino
i L . " Lc. )
MAY 5 1975
.JCIL,LE GOFORTN,, City Clerk
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