8.18.080 Urgent public nuisance - Notice to property owner
If the Fire Chief or Director determines that a nuisance consisting of any or all matter referred to in Section 8.18.010 constitutes an urgent public nuisance, he shall notify the owner or occupant of the lot or premises to abate the same, and if the nuisance is not abated within forty eight hours after service or posting of notice and no appeal to the Fire Chief or Director is pending, then the Fire Chief or Director shall cause the lot or premises to be cleared of all such matter and the nuisance to be abated, and the expense of such clearing shall be a lien on the lot.
The notice given shall state that the finding of an urgent nuisance may be appealed to the City Clerk within forty-eight hours of receipt. If abatement is ordered upon appeal to the Fire Chief or Director, the abatement shall be completed within forty-eight hours of the decision.
In any case, the Fire Chief or Director may extend the time within which the nuisance is to be abated if abatement cannot be completed within forty-eight hours. The notice required under this section shall be in writing and shall be delivered to the owner at the address appearing in records of a title company or as may be known, except if the owner cannot be located after a reasonable, good faith effort, then notice may be delivered to the occupant of the premises or conspicuously posted on such lot or premises. If the owner does not reside within the City of San Bernardino, the notice of nuisance may be sent by special delivery mail, and shall be effective twenty-four hours after mailing. Actual notice by telephone, supplemented by mailing, shall be effective as of the time of the telephoned notice.
The procedures to be followed with respect to the assessment of the expenses of abatement shall be the same as those set forth in Section 8.18.060 and Chapter 8.30.
"Urgent public nuisance" as employed in this section means a condition of property which is a menace to public health or safety or constitutes a fire hazard under conditions which would be judicially determined to be a nuisance per se or a nuisance in fact, or where the destruction or removal of the objectionable items is reasonably necessary under the circumstances to prevent immediate harm to the public.
(Ord. MC-1449, 11-01-17; Ord. MC-1418, 10-05-15; Ord. MC-279, 6-21-83; Ord. MC-241, 12-21-82; Ord. MC-178, 7-07-82; Ord. 3367, 8-22-73)