San Bernardino Municipal Code Ch. 8.19 Abatement of Fire Hazards and Hazardous Trees

Section

Editor’s note:

This chapter is added by Ord. MC-1445, passed 5-15-2017.

Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code, entitled “Abatement of Fire Hazards and Hazardous Trees” (§§ 23.0301 through 23.0319) (“County Weed Abatement Code”), is adopted by reference under the authority of Cal. Gov’t Code, §§ 50020 to 50022.9.

(Ord. MC-1445, passed 5-15-2017)

Whenever “county,” “County of San Bernardino” or “unincorporated area of the County of San Bernardino” is used, it shall mean the City of San Bernardino unless a different geographical area is clearly indicated by the context.

(Ord. MC-1445, passed 5-15-2017)

The County Weed Abatement Code, as adopted by § 8.19.010, is effective with the changes, additions and deletions as set forth in this section: § 23.0307 is amended to read as follows:

For the purpose of enforcing this Chapter, the County Fire Chief/Fire Warden may designate any person as his or her deputy in the performance of the duties enjoined upon him or her by this Chapter. In addition, each of the following officers is hereby designated to perform the same duties within the City of San Bernardino. Whenever the term County Fire Chief/Fire Warden is used in this Chapter, the following officers are included in the meaning of such phrase, except that the County Fire Chief/Fire Warden shall coordinate all such officers in the performance of these duties:

(a) The City of San Bernardino Code Enforcement Division Manager and their designees.

(b) Other officers hereafter designated by the Mayor and City Council or the County Fire Chief/Fire Warden.

(Ord. MC-1445, passed 5-15-2017)

(A) All remedies and penalties provided for in this chapter shall be cumulative and discretionary, and not exclusive, in accordance with this section and in the same manner as provided by § 11.0202 of the San Bernardino County Code.

(B) All persons authorized to enforce the provisions of this chapter are authorized to conduct investigations and inspections in accordance with this section and in the same manner as provided by § 11.0203 of the San Bernardino County Code.

(C) Each and every day, and any portion of which, any violation of this chapter is committed, continued or permitted shall be deemed a new and separate offense and shall be punishable or actionable as set forth in this section.

(D) Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding or abetting such act or omission.

(E) (1) It is unlawful for any person, firm, partnership, corporation or other entity (hereafter “person”) to violate any provision of this chapter constituting a public offense. Any person violating any such provision, unless as otherwise specified for certain sections, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified.

(2) To any person so convicted, the following shall apply.

(a) A first offense shall constitute an infraction offense and punished by a base fine not exceeding $100 and not less than $50.

(b) A second offense within one year shall constitute an infraction offense and punished by a base fine not exceeding $200 and not less than $100.

(c) The third and any additional offense within one year shall constitute either an infraction or a misdemeanor offense, and if it is an infraction offense, shall be punishable by a base fine not exceeding $500, or if a misdemeanor offense, punishable by up to six months in jail, and/or base fine not exceeding $1,000.

(d) Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine (Cal. Gov’t Code, § 25132).

(e) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor, punishable by up to six months in jail, and/or base fine not exceeding $1,000.

(f) Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation.

(F) Criminal citations shall be issued in the same manner and under the same authority as provided by § 11.0206(b) of the San Bernardino County Code.

(G) All violations of this chapter may be subject to enforcement through the initiation of a civil action in accordance with this section and in the same manner and under the same authority as provided at § 11.0207 of the San Bernardino County Code.

(H) As an alternative to the criminal or civil enforcement of this chapter, all violations of this chapter may be subject to enforcement through the use of administrative citations in accordance with Cal. Gov’t Code, § 53069.4 and this section, and in the same manner and under the same authority as provided at § 11.0208 of the San Bernardino County Code.

(Ord. MC-1445, passed 5-15-2017)