San Bernardino Municipal Code Ch. 8.30 Public Nuisances

It is declared to be in the public interest to promote the health, safety and welfare of the residents of the city by providing procedures for the abatement of nuisances as declared by the Mayor and City Council of the city, which abatement procedures shall be in addition to all other proceedings authorized by this code or otherwise by law.

(Ord. MC-1418, passed 10-5-2015)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE. A physically inoperable vehicle.

ABATEMENT. The demolition, removal, repair, maintenance, construction, reconstruction, replacement or reconditioning of structures, appliances or equipment; or the removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of harboring, breeding or attracting rodents or insects or producing odors or blight.

ADMINISTRATIVE HEARING OFFICER or HEARING OFFICER. Any individual appointed by the City Manager of the City of San Bernardino, or his or her designee, to hear the appeal under this chapter.

AGRICULTURAL GROVES. Any grove of ten or more trees on a parcel or lot.

ATTRACTIVE NUISANCE. Any condition, instrumentality or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in or on it. ATTRACTIVE NUISANCES may include, but shall not be limited to:

(1) Abandoned and/or broken equipment;

(2) Swimming pools being used as fish ponds or other uses contrary to permitted swimming or other pool uses, subject to state or local regulations requiring, without limitation, that drains be visible from the water’s surface and that the water be filtered;

(3) Hazardous and/or unmaintained pools, ponds, culverts, excavations; and

(4) Neglected machinery.

BUILDING. Any structure including, but not limited to, any house, garage, duplex, apartment, condominium, stock cooperative, mobile home or other residential structure or any portion thereof, which is designed, built, rented or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial or other establishment, warehouse, kiosk or other structures affixed to or upon real property, used for the purpose of conducting a business, storage or other activity.

CODE ENFORCEMENT DIRECTOR. The Chief of Police for the City of San Bernardino, or his or her designee.

CONSTRUCTION MATERIAL. Any discarded material from the building or destruction of structures, road and bridges, including concrete, rocks, asphalt, plasterboard, wood and other related material.

EXCAVATION. Any wells, shafts, basements, cesspools, septic tanks, fish ponds and other like or similar conditions more than six inches in diameter and three feet in depth.

FOUL. Very offensive to the senses.

GARBAGE. Any putrescible animal, fish, fowl, food, fruit or vegetable matter resulting from the cultivation, preparation, storage, handling, decay or consumption of the substance.

HAZARDOUS MATERIALS AND WASTE. Any chemical, compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the State of California as a hazardous waste, as defined in 40 C.F.R. §§ 261.1 through 261.33, except that for purposes of this chapter, hazardous waste also shall include household waste, as defined in 40 C.F.R. § 261.4(b)(1).

INOPERABLE VEHICLE. Mechanically incapable of being driven or prohibited from being operated on a public street or highway pursuant to Cal. Vehicle Code, §§ 4000, 5202, 24002 and 40001, concerning license plates, registration, equipment, safety and related matters.

NOXIOUS. Hurtful or unwholesome.

ODOR. Any smell, scent or fragrance.

OWNER. Any person, agent, firm or corporation having legal or equitable interest in the property.

PREMISES. Any lot or parcel of land upon which a building is situated, including any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways and parking areas.

PROPERTY. Any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement.

REFUSE. Any putrescible and non-putrescible solid waste, except sewerage, whether combustible or non-combustible and includes garbage and rubbish.

STAGNANT WATER. Water which is allowed to become stagnant contained in ditches, pools, ponds, steams excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, tires, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind or other containers or devices which may hold water.

UNMERCHANTABLE. Unsalable.

VEHICLE. Any device by which any person or property may be propelled, moved or drawn upon a highway, or upon water, excepting a device moved exclusively by human-power, or used exclusively upon stationary rails or tracks.

VIOLATOR. Any responsible party, including the landowner, or lessee, tenant or any other person who had possession or custody of the property.

WASTE MATTER. Any rubbish or construction material.

WEEDS. Useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth.

(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019)

It is unlawful and is declared a nuisance for any person owning, leasing, occupying or having charge or possession of any property and any vehicles thereon in the city to maintain the property in such a manner that any of the following conditions are present:

(A) The existence of any garbage, rubbish, refuse or waste matter upon the premises contrary to the provisions of the municipal code;

(B) The existence of weeds upon the premises, including public sidewalks, streets or alleys between said premises and the centerline of any public street or alley;

(C) The existence of overgrown, dead, decayed, diseased or hazardous trees, and other vegetation, including, but not limited to, dead agricultural groves which:

(1) Are likely to attract rodents, vermin or other nuisances;

(2) Constitute a fire hazard; or

(3) Is dangerous to the public safety and welfare.

(D) Overgrown vegetation, including trees, shrubbery, ground cover, lawns and decorative plantings, which substantially detract from the aesthetic and property values of neighboring properties;

(E) Any abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet or other household fixture or equipment visible from a public right-of-way;

(F) The existence of any abandoned, wrecked, dismantled or inoperative motor vehicle upon the premises contrary to the provisions of the municipal code;

(G) (1) The storage or parking of certain vehicles as follows:

(a) The storage or parking of trucks exceeding the manufacturer’s gross vehicle weight rating of 10,000 pounds on all areas of all residential zones, and the storage or parking of other vehicles on the landscaped front and street side yard setback area of all residential zones, including, but not limited to, the front lawn areas, contrary to the provisions of the municipal code; and

(b) The storage or parking of vehicles on any unpaved parcel of property where such vehicle is:

• 1. Likely to disrupt traffic flow in the city;
• 2. Stir up dust from driving on the unimproved surface;
• 3. Negatively impact the aesthetics of the city;
• 4. Allow oils and other unwanted substances to drip onto the untreated dirt surface; and/or
• 5. Cause traffic obstructions by impeding the line of vision of drivers at intersections.

(2) Vehicles parked in conjunction with a temporary use as permitted under municipal code are excepted.

(H) The outdoor storage of personal property on private property as follows:

(1) Any furniture (except for furniture specifically designed for outdoor use) on porches, balconies, sun decks, front, side and/or rear yards, any other personal property not designed for outdoor use and in good working order;

(2) The existence of any hay, straw, lumber, papers or other substances, junk, packing boxes, recyclable materials, salvage materials, building/construction materials, equipment; unless necessarily kept or stored under validly permitted, current construction; appliances, commercial/ industrial machinery and/or equipment (whether operable or inoperable); and

(3) Any item causing an unsightly appearance which is visible from the public right-of-way or sites of neighboring properties or which provides a harborage for rats and/or other vermin, or creates any other potential health hazard or nuisance.

(I) The outdoor storage of personal property on public property as follows:

(1) The use of public property to store, maintain, place or abandon any personal property, on any public street, any public sidewalk, any parking lot or public area, improved or unimproved, any public park, parkway, median or greenbelt, except as otherwise provided; and

(2) Any personal property stored, maintained, placed or abandoned in violation of this section may be removed and discarded at the discretion of the Public Works Director, Code Enforcement Director or their designees.

(J) Any dangerous or substandard building, whether or not occupied, abandoned, boarded up or partially destroyed contrary to the provisions of the California Fire Code and International Fire Code, California Building Standards Code, Uniform Housing Code, Uniform Code for Abatement of Dangerous Buildings and/or the municipal code;

(K) Peeling or blistering paint on any building or structure such that the condition is plainly visible from a public right-of-way;

(L) The existence of loud or unusual noises, or foul or noxious odors which offend the peace and quiet of persons of ordinary sensibilities and which interferes with the comfortable enjoyment of life or property and affect the entire neighborhood or any considerable number of persons;

(M) The existence of hazardous substances and waste unlawfully released, discharged or deposited upon any premises onto any city property;

(N) The existence of any stagnant water or water contained in hazardous and/or unmaintained swimming or other pools which obscure required visibility and proper filtering;

(O) Any vacant commercial or industrial property on which are located signs related to uses no longer conducted or products no longer sold on the premises; provided that outdoor advertising displays which are located in permitted zoning districts or which are otherwise legally permitted are excepted herefrom;

(P) Automobile service stations, and the buildings and premises thereof, that have been vacant or abandoned for a period in excess of 180 consecutive days without being reestablished and which have been maintained in such a condition as to become so defective, unsightly or in such a condition of deterioration or disrepair that the same cause appreciable diminution of the property values of surrounding properties, or are materially and economically detrimental to the neighboring properties and improvements;

(Q) Underground or aboveground storage vessels or tanks that have remained for more than six months after the use of such tanks or vessels ceases;

(R) Any attractive nuisance;

(S) Any other condition which is contrary to the public peace, health and safety; and

(T) Any other violation of the municipal code.

(Ord. MC-1418, passed 10-5-2015)

Cross-reference:

Building Codes, see Title 15, Chapters 15.04 and 15.05

Notwithstanding any other provision of this chapter with reference to the abatement of public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official or their designees shall have the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in their sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The city is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter.

(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019)

(A) Within ten business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the city to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the city must provide the owner and any other responsible person with a “notice of summary abatement.”

(B) The notice of summary abatement shall be served in accordance with § 8.30.023 and contain the following information:

(1) A brief description of the condition and reasons why it constituted an imminent threat or hazard;

(2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard;

(3) A brief description of the actions the city took to abate the imminent threat or hazard; and

(4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property.

(C) The city’s determination that a public nuisance constituted an imminent threat or hazard may be appealed as set forth in § 8.30.030. The invoice of abatement costs may be appealed as set forth in § 8.30.045. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the city. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuance of the notice of summary abatement or as ordered by the hearing officer after any appeal, the city may then proceed to collect its abatement costs in any manner allowed by law, including as set forth in § 8.30.055.

(D) Omission of any of the foregoing provisions in a notice of summary abatement, whether in whole or in part, or the failure of an owner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid.

(E) The decision of the hearing officer on the determination of nuisance is final. Any appeal of the hearing officer’s decision shall be governed by Cal. Code of Civil Procedure, § 1094.6 or such section as may be amended from time to time.

(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019)

(A) Any notice required by this chapter may be served in any one of the following methods:

(1) By personal service on the owner, occupant or person in charge or control of the property;

(2) By certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail; provided the notice that was sent by regular mail is not returned;

(3) By posting in a conspicuous place on the premises or abutting public right-of way; or

(4) In the alternative, insertion of a legal advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the city.

(B) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this chapter.

(Ord. MC-1418, passed 10-5-2015)

(A) The Code Enforcement Director, or his or her designee, may determine that any premises within the city may constitute a public nuisance pursuant to any provisions of § 8.30.020 and may initiate abatement proceedings pursuant to this chapter. The Code Enforcement Director, or the authorized representative thereof, shall set forth in such determination in a notice to abate which shall identify

the premises and state the conditions which may constitute the nuisance and shall require that such conditions be corrected within such time periods set forth in the notice to abate.

(B) (1) The notice to abate to the owner or person in control or charge of the property shall include:

(a) The condition or conditions on the premises creating the nuisance;

(b) A reasonable time limit to abate the nuisance; and

(c) The right to appeal.

(2) The notice shall direct the abatement of the nuisance and refer to this chapter for particulars.

(C) The notice shall be served not less than ten calendar days before the date of the scheduled abatement. Failure of the owner to accept or otherwise receive such notice shall not affect the validity of any proceeding pursuant to this chapter.

(D) OWNER, as used in this chapter, shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a current title search from any accredited title company.

(Ord. MC-1418, passed 10-5-2015)

(A) Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by demolition of a building or structure, the city must comply with the following additional requirements.

(1) The notice to abate must contain a statement that the city intends to abate the nuisance with city personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated or demolished within the compliance deadline set forth in the notice to abate.

(2) The city shall serve the notice to abate on all secured lienholders of record with the County Recorder’s office.

(3) Entry onto any real property to abate a public nuisance by demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction.

(B) The provisions of this section do not apply in cases involving summary or emergency abatement under § 8.30.021.

(Ord. MC-1521, passed 9-18-2019)

(A) Within ten days from the date of giving notice to abate, the violator may file an appeal to the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subject to the notice to abate. The City Clerk shall then cause the matter to be set for hearing before a hearing officer contracted by the city to hear such matters.

(B) Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than 15 days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Division.

(C) At the time fixed in the notice, the administrative hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance.

(D) At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists, and if the hearing officer so concludes, he or she may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the hearing officer’s order. The hearing officer may amend time to abate the nuisance, if, in his or her opinion, there exists good cause for the amendment of time to abate. If the city is the prevailing party, the hearing officer’s decision shall order the responsible parties to pay the confirmed nuisance abatement costs to the city within 30 calendar days, and shall specify that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a lien and special assessment against the property.

(E) The decision of the hearing officer on the determination of nuisance is final. Any appeal of the hearing officer’s decision shall be governed by Cal. Code of Civil Procedure, § 1094.6 or such section as may be amended from time to time.

(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019)

(A) The violator must abate the nuisance within the period of time set forth in the notice to abate, or, in case of an appeal, within ten days from the finding of the hearing officer or such longer period as may be determined by the administrative hearing officer.

(B) Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance.

(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019)

If the nuisance is not abated by the violator within the time limits set forth in § 8.30.035, the city, by its employees or any hired contractor, may cause the nuisance to be abated.

(Ord. MC-1418, passed 10-5-2015)

(A) In accordance with this chapter, the city shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action.

(B) Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the city. Payment shall be submitted to the city as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property.

(C) The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in § 8.30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final.

(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019)

(A) In any action, administrative proceeding or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorneys’ fees. The recovery of attorneys’ fees by the prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees.

(B) In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. The City Attorney’s office shall thereafter cause a report of the action and an accurate account of costs to be filed with the City Clerk.

(Ord. MC-1418, passed 10-5-2015)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to the Cal. Health and Safety Code, § 17980, related to substandard buildings, the court may order the owner to pay treble the costs of the abatement.

(Ord. MC-1418, passed 10-5-2015)

(A) (1) Any responsible party or interested party to whom an invoice has been issued may, within 15 calendar days from the date of the invoice, request a hearing to protest the cost of abatement by filing a written request for a hearing on the abatement costs with the City Clerk.

(2) The request for hearing must contain the following information:

(a) The requestor’s full legal name;

(b) The requestor’s mailing address and telephone number;

(c) The amount of nuisance abatement costs disputed; and

(d) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs.

(B) The failure of any party to properly and timely request a hearing is a waiver of the right to contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative remedies and a bar to any further challenge to the city’s invoice and nuisance abatement costs.

(C) If a hearing is timely and properly requested, the City Clerk shall cause a hearing to be set before the hearing officer. The city shall provide notice of the date, time and location of the hearing to all parties at least ten calendar days before the hearing. At the time fixed for the hearing, the hearing officer shall hold an informal hearing to consider the invoice and protests or objections raised by the requestor.

(D) At the conclusion of the hearing, or within five days thereafter, the hearing officer shall issue a decision approving, denying or modifying the amount of the nuisance abatement costs that the city is entitled to recover.

(E) The decision of the hearing officer shall be in writing and shall be served by mail. The decision of the hearing officer on the abatement costs shall be final. If any cost recovery is upheld, even in part, the city shall be the prevailing party. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties.

(F) Any appeal of the hearing officer’s decision shall be governed by Cal. Code of Civil Procedure, § 1094.6, or such section as may be amended from time to time

(Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019)

(A) If the property owner does not pay the cost of abating the nuisance within 30 calendar days after the cost becomes final or the hearing officer confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

(B) The City Council shall adopt a resolution assessing such unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll.

(Ord. MC-1418, passed 10-5-2015)

(A) The City Clerk shall prepare and file with the County Auditor a certified copy of the resolution of the City Council assessing the costs of abatement as a lien on the land, adopted pursuant to the preceding section.

(B) Notice of lien shall be mailed by certified mail to the property owner, if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three it years by the Tax Collector for unpaid delinquent assessments. The Tax Collector’s power of sale shall not be affected by the failure of the property owner to receive notice.

(C) The County Auditor shall enter each assessment on the county tax roll upon the parcel of land. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice.

(Ord. MC-1418, passed 10-5-2015)

As an additional remedy, the Code Enforcement Director may cause a nuisance abatement lien for costs related to abatements, other than dangerous building abatements, to be recorded with the County Recorder’s office, pursuant to the provisions of Cal. Gov’t Code, § 38773.1.

(Ord. MC-1418, passed 10-5-2015)

The city may accept payment of any amount due at any time prior to the filing of a certified copy of the City Council resolution assessing the abatements costs with the County Auditor.

(Ord. MC-1418, passed 10-5-2015)

The procedures established in this chapter shall be in addition to criminal, civil or other legal or equitable remedies established by law which may be pursued to address violations of this code or applicable state codes and the use of this chapter shall be at the sole discretion of the city.

(Ord. MC-1418, passed 10-5-2015)

(A) The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter or who violates an order of abatement made pursuant to § 8.30.030 is guilty of a misdemeanor.

(B) Any occupant or lessee in possession of any building or structure contrary to an order given as provided in this chapter is guilty of a misdemeanor.

(C) No person shall obstruct, impede or interfere with any representative of the city or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the City Council, representative of the city, purchaser or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter.

(Ord. MC-1418, passed 10-5-2015)