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ORDINANCE NO. 1468
N ORDINANCE CF THE CITY OF RED NDS FOR THE IDEN-
TIFICATION
gE -TIFICATION AND ABATEMENT OF PUBLIC NUISANCES
THE CITY COUNCIL OF THE CITY OF REL NLS DOES ORDAIN AS FOL-
LOWS :LOW
SECTION ONE -- SHORT TITLE: This Ordinance shall be kno�,,m as
the "Nuisance Code
SECTIO TWO - PURPOSE: The City Council of the City of
Redlands hereby finds that it is necessary to insure the abatement
of any public: nuisance and thereby maintain the highest level of
aesthetic, cultural, and economic values in the City of Redlands .<
SECTION THREE - DEFINITION OF PUBLIC NUISANCES: The follow-
ing materials and conditions are hereby defined as public nui-
sances :
1. Fire Hazard,: All dry, dead shrubs, deed trees, co us
tii�le refuse and waste, or any material growing upon the
;streets, sidewalks or upon private property within the;
Cite of Redlands, which by reason of their size, manner
of growth and location constitute a fire hazard to any
wilding, improvements, crops or other property, or,
when dry, will in reasonable probability constitute such
a fire hazard, are hereby declared to be s public nuisance.
Refuse and Waste: Refuse and waste matter are defined'
for the purpose of this Code as unused or discarded matter
and material having no substantial market value, and which
consists of such matter and material as : rubbish, refuse,
debris, and matter of any ]rind, including but not limited
to ru1bb.le, asphalt, concrete, plaster, tile, racks,
bricks, soil, building materials, crates, cartons, con-
tainers, boxes, machinery or parts thereof, scrap metal.
and other pieces of metal , ferrous or non -ferrous, a ni
Lure or darts thereof, trimmings from plants or trees,
cans,, bottles and barrels. Refuse and waste utter as
defined, which by reason of its .location and character
is unsightly and; interferes with the reasonable enjolment
of property by neighbors, detrimentally affects property'
values in the surrounding neighborhood or community, or
which would materially hamper or interfere with the
prevention or suppression of fire upon the premises is
hereby declarers a. public, nuisance .
y t
:. Polluted Water, Polluted water is defined:, for the pur-
pose of this; Cade, as eater contained in a swimming pool,
pond, or other body of water, which includes but is not
limited to bacterial grow-Uri, including algae, remains of
insects, remains of deceased animals, reptiles, rubbish
refuse, debris, papers, and any gather foreign matter or
material which, because of its nature or location, consti-
tutes
ansti-gates an unhealthy, unsafe or unsightly condition. Any
swimming pool, pond or other body of water which is aban.
Boned, unattended, unfiltered,red, or not <otherwise maim.-tai ed
resulting in the water becoming polluted as defined, shall
constitute a public nuisance..
.. Unsatisfactor;y ? ar. e;; Any condition or use of pre-
mises or of building exteriors which is detrimental to the
use and enjoyment of the property of ethers . This in-
eludes, but is not limited to, unfinished buildings,
buildings defaced by the natural_ elements,- including col-
lection of dirt from the air, broken windows, overgrown
vegetation, or a; device, decoration, design, fence, or
clothesline which is unsightly by reason of its condition
or its inappropriate location.-
5. Public BarnanThe :intentional outdoor burning of any
material., structure, matter or thing is hereby declared: to
be a public nuisance 'unless conducted with the permission
of and under the supervision of the Redlands Fire Depart-
ment.
epart-ment.
6. Zoning Ordinance Violations: Any violation of the Zoning
Ordinance of the Citty. of edlancls,, as emended, is hereby
declared to be a ,public nuisance
7 . Buildin Cede G'i lations Any violation of the City of
RedIands Building Code, as amended, is hereby declared to
e a public nuisance.
LI-0 _. ode Violations:; : Any violation of the; City of
L _.._.
Redlands Housing Code is hereby declared to be a public
nuisance.
A qn Code Vi l_ations Any sign in, violation of the City
of Redlands Sign Cade is heresy declared to be a public
nuisance.
1-0 . Any structure, fence, conduit, wall., tree,; masonry, pipe,
lumber, or other material -Which obstructs or constitutes
a lta a.rd to the free flog.= of eater through- a. stream,
drainage channel, or watercourse is declared to be
public nuisance
Ordinance No. 1468
Page two
^y
SECTION FOUR - DECLARATION OF NUISANCE:
® ortinq of Nuisance: Any person who reports a nuisance
shall berequired oprovide his name and address and to
sign, a complaint and appear to give testimony in any legal
action on such a complaint.
2. i.t 1anag r A�thorn : Any employee f the City of
Redlands who is authorized by the City ,Manager shall have
the right to enter capon private property to determine if
public :nuisance exists . A report shell be prepared in-
cluding a description and photographs of the nuisance.
3 . R1 n_ inc ? na sio R view: T ier �h C1 Manefinds
that a ra labl, data suxaports the basis for determination
that a public nuisance does exist, he will cause the
Director of Planning to present the case to the Planning
Commission for their review and recommendations .
.. Notice= Rewired 1pon determination that a: public nuisance
exists, as herein defined, on any lot or premises, or upon
any sidewalk, parting or street adjacent to such lot or
premises, the authorized employees of the City of Redlands
will cause a notice to be issued to the proper person, o
persons to abate such nuisance,
5 . oti.ce - Form and Contents . Such notice shall be headed
.-NOTICE 671, iF9 NUISANCE" in letters not less than one
(l) inch in height and which shall,, in legible characters,
direct the abatement of the nuisance referring to this
Code; for particulars. Notices ,served by weans other than
posting as required by this Cade shall contain a descrip-
tion of the property in general terms reasonably sufficient
to identify the location of the nuisance.
. Service of Notice I The notice required by paragraph 4 of
Section IV stay be served in any one or more of the fol-
lowing methods:
a< By personal service on they owner, occupant or person
in charge or control of the property.
b . By posting at a conspicuous place on the laid or
premises or abutting public right-of-way.
C. By sending a dopy of such notice by certified mail
addressed to the owner or person in charge or control:
of the property, at, the ado res s shown on the last
available assessment roll or as otherwise known.
Ordinance No. 1468
Pagc, three
SECTION FIVE APPEAL
1. Aga eal and Heorinc : Within ten (10 days from the date of
posting, mailing and/gar personal service of the required
notice, the owner or person occupying or controlling such
lot or premises affected may appeal to the Citi Council o
the City of Redlands . Such appeal shall be in writing and
shall be filed with the City Clergy;. The Cite Clerk will
advise the City Manager of the receipt of the appeal. The
City ,Manager will have the appeal presented to the Planning
Commission at the next meeting if the appeal. has been
recei.vec? fire ( ) or more dabs prior to the next regular
meeting date. If less than five ( ) days, it stall be
presented at the next subsequent meeting. After receipt of
the Planning Cormnission comments and recommendations, the
Cita Manager will so advise the City Clerk.. At the regular
meeting of the City Council not more than thirty ( t ) days
thereafter, it shill proceed to heir and pass upon the
appeal. The decision of the Cit, Council thereupon shall
e final and conclusive,
SECTION SIX - REMOVAL AND ABATEMENT:
1. Owner to Abate: Any nuisance shall be abated by the owner,
his agent, or occupier of the premises forthwith, or as soon
thereafter as practicable after the order to abate becomes
final, but in no case more than ten (10) days after said
final order.. If an appeal has been filed the abatement must
be initiated within ted (ltd) days from final decision of the
City Council .
w City to Abate and ort : If the owner er fails or neglects to
remove or otherwise take action to abate the nuisance as
herein defined:, within the time specified in this Code, the
City Manager, through the city employees authorized by hies,
shall cause such nuisance to he abated. `rhe abatement work,
may he done by city crews or bV private contractor. A,
reasonable administrative fee of 10% shall be included over
and above: any contract or direct l al)or costs . A report of
the proceedings and an accurate account: of the cost of abat-
ing the nuisance on each separate property shall: he filed
with the city Council
SECTION SEVEN - REPORT AND HEARING ON ASSESSMENT:
1-* _ ari7pa_ on_Assessment: The Cite clerk shall: set the report
and account for hearing by the City Councitl at the first
regular meeting which will be held at least seven (7) calendar
days after the date of filing . The: owner who is affected by
such report and account, or the person occupying or controlling
,such lot or premises, shall: be sent; a notice advising :nim of
the date, time, and place of the hearing, and said notice
shall. be served as provided for in paragraph 6 of Section Four.
Ordinance- No. 1-468
Page four
. Resolution s essai a The City Council, shell consider
the report and account at the time set for hearing,, together
with any objections or pretests by any interested paries-.
Any swayer of land or person interested may present a written
or oral protest or objection to the report and account. At
the conclusion of the hearing the City Council shall either,
approve the report and account as submitted or as modified
or corrected.ted. d amounts approved shall be Liens upon the
respective lots or premises. The City Council shall adapt
resolution assessing said amounts as liens upon the,
respective parcels of Land.. The resolution will show the:
legal description of the property and the assessor parcel
number as they are shown can the last assessment roll
. ecordi The City Clerk shall prepare and file with the
County Auditor of the County of San Bernardino a certified
copy of the said resolution of; the City Council .
Pa merit$; he City Treasurer of the City of Redlands may
accept payment of any -amount due at any -gime prior to the
City Council hearing, as called for in paragraph one (1) of
Section ,Seven_,
ECTTON EIGHT - ASSESSMENT: Th.e provisions of Section 38773 .
and 29.580 to 39585 of the Government Cade, as they ei.st and as the
may be subsequently amended, are incorporated by reference and made
a part of this Code. The County auditor shall entereach assessment
in the county tax roll, opposite the parcel of land... The amount of
the assessment' shall be collected at the time and in the manner as
ordinary municipal taxes; and if delinquent the amount is subject to
the same penalties and procedures of foreclosure and sale as is
Provided for ordinary municipal taxes
SECTION NINE E E =lLl Each provision of this Ordinance,
shall be separate and 8overable and in the event anis specifics provi.-
cion is declared void or invalid, no other section, otherwise legal:
and valid, shall be affected thereby.
SECTION `E'EN - PENALTY: The owner, occaupant, or agent of any lot
or premises within the City of Redlands who shall permit or allow the
existence of a public nuisance as defined in this Ordinance upon any
lot or premises owned, occupied or controlled by him, or who shall
violate any of the provisions of this Ordinance, shall be gui.ltl, of
a misdemeanor and upon: conviction thereof shall be subject to a fine
of not more than Five 11undred Dollars ($500 .00) , or to impris-onment
for a 'period not exceeding ing si ) months, or bottli fine and impri son
yen t;.
SECTION ELEVEN: U-nis Ordinance shall be in force and effect as
provided by law.
Ordinance No. 1468
Page rive
SECTION TWELVE The City Clergy shall certify to the adoption of
this Ordinance and cause the same to be published once in the Redland
Daily Facts, a newspaper of general circulation printed and published
shed
in this cat ,
s
uwly
or of th e Cityofdl n .
C erl
APPROVED "CSP ORM:
NEdward ;F. To
City Attorney
lA Peggy A. Moseley, City Clerk, City of Redlands, hereby certify
that the foregoing ordinance was adopted by the Cite Council at a
regular meeting thereof held on the 7th day of December, 1971, by
the following :rote.
AYES: Councilmen epi,ryn, Knudsen, Miller, Sewell.
NOES : afro Cummings
ABSENT: S one
n �
C1 Y ty ed
Ordinance No. 1468
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