Agenda packet — Mayor and City Council, August 20, 2025 (part 5 of 11)

Packet Page 1116
42 San Bernardino - Streets, Sidewalks and Public Places (E) For those public works projects utilizing best
value as a selection method, the design-build
competition shall progress as follows.
(1) Competitive proposals shall be evaluated
by using only the criteria and selection procedures
specifically identified in the request for proposals. The following minimum factors, however, shall be
weighted as deemed appropriate by the procurement
agent:
(a) Price, unless a stipulated sum is
specified;
(b) Technical design and construction
expertise; and
(c) Life-cycle costs over 15 or more
years.
(2) Pursuant to division (C) above, the city
may hold discussions or negotiations with responsive
proposers using the process articulated in the city’s
request for proposals.
(3) When the evaluation is complete, the
responsive proposers shall be ranked based on a
determination of value provided; provided that no
more than three proposers are required to be ranked.
(4) The award of the contract shall be made
to the responsible design-build entity whose proposal
is determined by the Mayor and CommonCity
Council, or for public works projects undertaken by
the San BernardinoCity Municipal Water Department,
the Board of Water Commissioners, to have offered
the best value to the public.
(5) Notwithstanding any other provision of
this code, upon issuance of a contract award, the city
shall publicly announce its award, identifying the
design-build entity to which the award is made, along
with a statement regarding the basis of the award.
(6) The statement regarding the city’s
contract award, described in division (E)(5) above,
and the contract file shall provide sufficient
information to satisfy an external audit.
(Ord. MC-1423, passed 7-5-2016)
Editor’s note:

Financial information submitted for bids is
discloseable, except that some corporate
financial information may be protected under
Cal. Gov’t Code, §§ 7927.500, 7928.705,
7927.705, 7927.605 and 7922.000 (formerly
Cal. Gov’t Code, §§ 6254(a), (h) and (k);
6254.15; and 6255).
§ 12.21.050 BONDS AND INSURANCE.
(A) The design-build entity shall provide
payment and performance bonds for the public works
project in the form and in the amount required by the
city, and issued by a state admitted surety. The amount of the payment bond shall not be less than the amount
of the performance bond.
(B) The design-build contract shall require errors
and omissions insurance coverage for the design
elements of the public works project.
(C) The procurement agent shall develop a
standard form of payment and performance bond for
its design-build public works projects.
(Ord. MC-1423, passed 7-5-2016)
§ 12.21.060 SUBCONTRACTORS.
(A) The procurement agent, in each design-build
request for proposals, may identify specific types of
subcontractors that must be included in the
design-build entity statement of qualifications and
proposal.
(B) Following award of the design-build
contract, the design-build entity shall proceed as
follows in awarding construction subcontracts with a
value exceeding 0.5% of the contract price allocable to construction work:
(1) Provide public notice of availability of
work to be subcontracted in accordance with the
publication requirements applicable to the competitive
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Design-Build 43
bidding process of the city, including a fixed date and time on which qualifications statements, bids or
proposals will be due;
(2) Establish reasonable qualification
criteria and standards; and
(3) Award the subcontract either on a best
value basis or to the lowest responsible bidder. The
process may include pre-qualification or short-listing.

The foregoing process does not apply to construction
subcontractors listed in the original proposal.
(Ord. MC-1423, passed 7-5-2016)
§ 12.21.070 OTHER RIGHTS AND REMEDIES.

Nothing in this chapter affects, expands, alters or
limits any rights or remedies otherwise available at
law, including, but not limited to, the ability of the
Mayor and CommonCity Council, or for public works
projects undertaken by the San BernardinoCity
Municipal Water Department, the Board of Water
Commissioners, to reject all bids pursuant to the
authority granted by § 238 of the City Charter.
(Ord. MC-1423, passed 7-5-2016)
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44 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1119
CHAPTER 12.24: PUBLIC WORKS CONTRACTS
Section

12.24.010 Bond required

12.24.020 Compliance with state statute

12.24.030 Prevailing wages
§ 12.24.010 BOND REQUIRED.

Each contractor shall execute and file with the
city a good and sufficient surety company bond for
labor and materials in the sum of not less than one-half of the total amount payable by the terms of the
contract for any public works; provided that the
amount exceeds $2,000 at the time of execution of the
contract.
(Ord. 2386, passed 9-5-1961)
§ 12.24.020 COMPLIANCE WITH STATE
STATUTE.

The provisions of such bond as required in
§ 12.24.010 shall be in accordance with the provisions
of the general law set forth in the Cal. Gov’t Code,
Title 1, Division 56, Chapter 310.5, as now in effect
and as hereafter amended unless otherwise provided by
ordinance.
(Ord. 2386, passed 9-5-1961)
§ 12.24.030 PREVAILING WAGES.

Under and pursuant to the Cal. Labor Code,
§ 1770, the Director of Industrial Relations determines the general prevailing rate of per diem wages in the
city for each craft or type of worker or mechanic.

Such rates shall be applicable to any public works
contract, as such term is defined under the Cal. Labor
Code, §§ 1720 et seq., of the city.
(Ord. MC-1425, passed 7-18-2016)
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46 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1121
CHAPTER 12.28: IMPROVEMENTS
Section

12.28.010 Procedure authorized

12.28.020 Public hearing

12.28.030 Combined hearing authorized

12.28.040 Combined notices authorized

12.28.050 Hearing - decisions - effect

12.28.060 Permit required

12.28.070 Written application required

12.28.080 Fees required

12.28.090 Plan fees

12.28.100 Regulations

12.28.110 Violation of sections 12.28.060
through 12.28.100 - penalty
Statutory reference:

For the Improvement Act of 1911, see Cal.

Streets and Highways Code, §§ 5000 et seq.
§ 12.28.010 PROCEDURE AUTHORIZED.
(A) Before the Mayor and CommonCity Council
adopt any resolution or ordinance ordering the
construction of any improvement or the acquisition of
any property for public use, or both, herein referred to as “improvement,” where the cost thereof is to be paid
in whole or in part by special assessment taxes upon
lands, a public hearing may be held and a finding and
determination made by the Mayor and CommonCity
Council as provided herein that the public convenience
and necessity require the same.
(B) If such procedure is not so followed and if
such finding and determination is not made pursuant
thereto, the requirements otherwise prescribed by Cal.

Streets and Highways Code, Division 4, and Article
XIII, § 1724 of the California Constitution shall be
complied with before any such resolution or ordinance
may be adopted.
(Ord. 2063, passed 5-17-1955)
§ 12.28.020 PUBLIC HEARING.

The Mayor and CommonCity Council may hold
a public hearing to find and determine whether the
public convenience and necessity require any such
improvement. Reference may be made to one or more
plans, profiles, specifications, maps or plats for the
description of the improvement and all particulars
relative thereto, which plans, profiles, specifications, maps or plats shall be on file with the City Clerk or
the City Engineer and open to inspection.
(Ord. 2063, passed 5-17-1955)
§ 12.28.030 COMBINED HEARING
AUTHORIZED.

The hearing required by this chapter may be a
separate hearing or may be combined and held
concurrently with the hearing required by the
Improvement Act, pursuant to which the improvement
proceeding is proposed.
(Ord. 2063, passed 5-17-1955)
Statutory reference:

Improvement Act of 1911, see Cal. Streets and
Highways Code, §§ 5000 et seq.
§ 12.28.040 COMBINED NOTICES
AUTHORIZED.

Whether the hearing is held separate, or combined
47 Packet Page 1122
48 San Bernardino - Streets, Sidewalks and Public Places and held concurrently with the hearing required by the
Improvement Act, pursuant to which the improvement
proceeding is proposed, notice shall be given by
posting and publication in the manner prescribed by
the Improvement Act involved, and if the hearings are
combined or held concurrently, such notice may be
combined with the notice of hearing given under the
Improvement Act under which the improvement
proceeding is proposed.
(Ord. 2063, passed 5-17-1955)
§ 12.28.050 HEARING - DECISIONS -
EFFECT.
(A) The hearing may be continued from time to
time. After the conclusion thereof and prior to
adoption of a resolution or ordinance ordering the
improvement, the Mayor and CommonCity Council
shall consider and pass upon all protests filed and all matters presented, and their decision thereon shall be
final and conclusive.
(B) If, by such decision, the Mayor and
CommonCity Council find and determine by no less
than a four-fifths vote of all members thereof that the public convenience and necessity require such
improvement, the Mayor and CommonCity Council
may thereafter, in accordance with the Improvement
Act specified or designated for the project, adopt a
resolution or ordinance ordering the improvement
substantially as proposed, or as modified, altered or
changed by order of the Mayor and CommonCity
Council as authorized by the improvement act for the
project.
(C) After such finding and determination by the
Mayor and CommonCity Council, the provisions of
law for debt limitation and majority protest, as
mentioned in Article XIII, § 1724 of the California
Constitution, shall not apply.
(Ord. 2063, passed 5-17-1955)
§ 12.28.060 PERMIT REQUIRED.

It is unlawful for any person, firm or corporation
to grade, prepare, subgrade, pave, lay sewer or drain
pipe, construct curbs, gutters, driveways, sidewalks,
manholes, catch basins, retaining walls, traffic signals, street lighting systems or similar structures in any
street, alley or way, which street, alley or way is
dedicated or proposed to be dedicated for public use,
within the city, without first obtaining a written permit from the city to do so. No such permit shall be issued
for use of quarry tile or ceramic tile for such
improvements, but permission may be granted for use
of patterned concrete in such sidewalks, street medians and parkways. The Director of Development Services
may establish a standard color for patterned concrete
to be placed in sidewalks, street medians and parkways
on public developments, but the developer shall have
the right to choose the color if the improvements are
being made by a private developer.
(Ord. 1963, passed 11-18-1952; Ord. 2519, passed
8-20-1963; Ord. 3918, passed 2-25-1980; Ord.

MC-320, passed 12-6-1983; Ord. MC-460, passed
5-15-1985; Ord. MC-1027, passed 9-9-1998)
§ 12.28.070 WRITTEN APPLICATION
REQUIRED.

Any person, firm or corporation desiring a permit
under this chapter shall present a written application
therefor to the City Engineer, setting forth the name
and address of the applicant; details concerning the
location, nature and extent of construction intended to be made; and the purpose for which the construction
is to be made and used.
(Ord. 1963, passed 11-18-1952)
§ 12.28.080 FEES REQUIRED.

For construction, repair and alteration of
sidewalks, curbs, gutters, driveways, subgrades and
pavements, manholes, catch basins, retaining walls,
traffic signals, street lighting systems and other
structures, and for excavating, laying and backfilling
sewers and drainage pipe lines, concerning which
specifications, lines and grades therefor shall be
determined by the City Engineer, charges for
inspections and construction staking shall be based
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Improvements 49
upon a schedule of fees fixed by resolution duly
adopted by the Mayor and CommonCity Council after
the conclusion of a public hearing relating thereto.
(Ord. 1963, passed 11-18-1952; Ord. 3432, passed
6-17-1974; Ord. 3918, passed 2-25-1980)
§ 12.28.090 PLAN FEES.

Charges shall be made by the City Engineer and
paid by the applicant for checking improvement plans
relating to street projects, except as otherwise
provided in Title 18, based upon a schedule of fees
fixed by resolution duly adopted by the Mayor and
CommonCity Council after the conclusion of a public
hearing relating thereto.
(Ord. 1963, passed 11-18-1952; Ord. 3432, passed
6-17-1974)
§ 12.28.100 REGULATIONS.
(A) It is unlawful for any person, firm or
corporation performing work under this chapter to fail, neglect or refuse to remove all unused materials and
debris within three days after completion of the work.
(B) The materials used in the construction work
may be stored on adjacent public property during the
course of construction; provided that the same are so
placed and safeguarded by lights, warning signs and
barricades, as not to constitute a hazard to public
peace and safety.
(C) No driveway approach shall cross over a lot
line as extended without the consent of the City
Engineer.
(D) Raw materials and workmanship for work
provided under this chapter shall conform to applicable provisions of standard specifications on file in the
office of the City Engineer.
(E) Any person, firm or corporation doing work
under this chapter shall cause all such work to be
inspected by the City Engineer’s office, and shall
notify said Department 24 hours before the time set for inspection. Work completed without such notice or
request for inspection will not be accepted, and work
done during the absence of said inspector may not be
accepted by the city. All work to be performed under
this chapter shall be to the satisfaction of the city and in accordance with laws of the city and state and under the supervision of the City Engineer, or his or her
authorized inspector.
(Ord. 1963, passed 11-18-1952; Ord. MC-460, passed
5-15-1985)
§ 12.28.110 VIOLATION OF SECTIONS

12.28.060 THROUGH 12.28.100 - PENALTY.
(A) Civil penalties. Any person, firm or
corporation doing work for which a permit is required
under this chapter, without having first obtained such
permit, shall be required to pay fees for all such work in an amount twice the amount fixed by resolution for
such work.
(B) Criminal penalties. Any person, firm or
corporation violating any provision of §§ 12.28.060
through 12.28.100 is guilty of an infraction, which,
upon conviction thereof, is punishable in accordance
with the provisions of § 1.12.010.
(Ord. 1963, passed 11-18-1952; Ord. 3774, passed
11-9-1978; Ord. MC-460, passed 5-15-1985)
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50 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1125
CHAPTER 12.30: SIGHT DISTANCE REQUIREMENT
Section

12.30.010 Definitions

12.30.020 Provision of sight distance

12.30.030 Obstructions

12.30.040 Existing obstructions

12.30.050 Street trees

12.30.060 Violation - penalty
§ 12.30.010 DEFINITIONS.

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

DIRECTOR OF DEVELOPMENT SERVICES.

Any authorized representative of said Director.

SIGHT RESTRICTION. Any obstruction to a
driver’s line of sight.

SIGHT TRIANGLE. The area in which no sight
restrictions are allowed.

TRAFFIC ENGINEER. Any authorized
representative of the City’s Traffic Engineer.
(Ord. MC-783, passed 5-6-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.30.020 PROVISION OF SIGHT DISTANCE.

Sufficient sight distance shall be provided at all
intersections to allow approaching vehicles to stop
before colliding with a vehicle on an intersecting
street. No obstructions that create a sight restriction shall be permitted within the clear sight triangle, as
shown on the “Standard Drawing(s) for Sight Distance
Requirements” incorporated into the Traffic Policy
Paper promulgated, from time to time, by the
Department of Development Services and on file with
the City Clerk.
(Ord. MC-783, passed 5-6-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.30.030 OBSTRUCTIONS.

Obstructions shall include any object extending
more than two and one-half feet above the pavement,
at the curb lines of the intersecting streets, such as
trees, shrubs, fences, walls, newspaper racks, utility
facilities, bus shelters and the like. Trees, trimmed to a minimum height of eight feet above ground; traffic
signals; and street light poles shall not be considered as obstructions, unless a finding is made by the Traffic Engineer that they constitute a sight restriction based on the size, trunk diameter, number in a small area or
number in a row. Legally parked motor vehicles shall
not constitute an obstruction.
(Ord. MC-783, passed 5-6-1991)
§ 12.30.040 EXISTING OBSTRUCTIONS.

This chapter shall not apply to conditions existing
on the effective date of this chapter, but as pre-existing corner sight obstructions are discovered, which may
affect the health and safety of residents of the city, the provisions of this chapter may be looked to as
guidelines as to how such sight obstructions may be
remedied.
(Ord. MC-783, passed 5-6-1991)
§ 12.30.050 STREET TREES.

Removal of street trees shall be in accordance
with Chapter 12.40.
(Ord. MC-783, passed 5-6-1991)
51 Packet Page 1126
52 San Bernardino - Streets, Sidewalks and Public Places § 12.30.060 VIOLATION - PENALTY.

Any person violating any provision of this chapter
is guilty of an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. MC-783, passed 5-6-1991)
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CHAPTER 12.32: HOUSE NUMBERS
Section

12.32.010 Adoption of numbering system

12.32.020 Assignment of address numbers

12.32.030 Requirement for number

12.32.040 Violations of sections 12.32.010
through 12.32.030 - penalty

12.32.050 Curb house number business
license required

12.32.060 Size and color of house numbers

12.32.070 Violation of sections 12.32.050
through 12.32.060
§ 12.32.010 ADOPTION OF NUMBERING
SYSTEM.

The following system for the numbering of the
buildings in the city is adopted: commencing at First,
on A, B, C, D, E, F, G, H, I and such other streets as
may exist, or may hereafter be established running in
the same direction as said A, B, C, D, E, F, G, H, I
Streets, with the number 100, and number north to the
north boundary line of said city, allowing 100 numbers
to each block of 600 feet, exclusive of street
intersections; and commencing at A Street, on 1st,
2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and such
other streets as exist or may hereafter be established
running in the same direction as said last named streets with the number 100 and number west to the west
boundary line of said city, allowing 100 numbers to
each block of 600 feet, exclusive of street
intersections, and commencing at 1st Street, on A, B,
C, D, E, F, G, H, I and such other streets as may
exist, or may hereafter be established running in the
same direction as said last named streets, with the
number 100, and number south to the south boundary
line of said city, allowing 100 numbers to each block
of 600 feet, exclusive of street intersections, and
commencing at A Street on 1st, 2nd, 3rd, 4th, 5th,
6th, 7th, 8th, 9th, 10th and such other streets exist or may hereafter be established running in the same
direction as the last named streets, with the number
100 and number east to the east boundary line of said
city, allowing 100 numbers to each block of 600 feet
exclusive of street intersections; with the even
numbers placed on the north and west sides of said
streets, and the odd numbers on the south and east side of streets.
(Ord. 102, passed 11-17-1891)
§ 12.32.020 ASSIGNMENT OF ADDRESS
NUMBERS.

It shall be the responsibility of the Building
Official, or his or her designee, to assign building
address numbers. The Building Official shall give
written notice to the owner, occupant, lessee, tenant or subtenant of the assignment of an address number.

Address numbers that are already in place shall not be
required to be changed unless a conflict exists, the
street name is changed or some other condition occurs
that necessitates an address be changed. The size and
location of address numbers shall be in accordance
with the adopted Building and Fire Codes.
(Ord. 102, passed 11-17-1891; Ord. MC-1337, passed
11-15-2010; Ord. MC-1395, passed 1-6-2014)
§ 12.32.030 REQUIREMENT FOR NUMBER.

It is unlawful to keep or maintain any building or
entrance in the city without the proper number being
placed thereon.
(Ord. 102, passed 11-17-1891)
§ 12.32.040 VIOLATIONS OF SECTIONS

12.32.010 THROUGH 12.32.030 - PENALTY.

Any person, firm or corporation who violates any
53 Packet Page 1128
54 San Bernardino - Streets, Sidewalks and Public Places provision of §§ 12.32.010 through 12.32.030, or who
refuses or neglects to comply with the notice required
to be given within five days after receiving such
notice, is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 102, passed 11-17-1891; Ord. MC-460, passed
5-15-1985)
§ 12.32.050 CURB HOUSE NUMBER
BUSINESS LICENSE REQUIRED.

It is unlawful for any person, firm, corporation,
co-partnership or association, either as owner, agent or otherwise, to paint or otherwise place house numbers
on curbs of streets in the city without first obtaining a curb house number business license from the
Department of Finance and Management Services, and
paying the fee therefor.
(Ord. 2163, passed 2-19-1957; Ord. 3346, passed
5-11-1973; Ord. MC-344, passed 2-22-1984; Ord.

MC-1484, passed 4-18-2018; Ord. MC-1625, passed
2-21-2024)
§ 12.32.060 SIZE AND COLOR OF HOUSE
NUMBERS.
[Reserved]
(Repealed by Ord. MC-1337, passed 11-15-2010 and
Ord. MC-1395, passed 1-6-2014)
§ 12.32.070 VIOLATION OF SECTIONS

12.32.050 THROUGH 12.32.060.

Any person, firm or corporation violating any
provision of §§ 12.32.050 through 12.32.060 is guilty
of an infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 2163, passed 2-19-1957; Ord. MC-460, passed
5-15-1985)
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CHAPTER 12.36: STREET GRADES
Section

12.36.010 Definitions

12.36.020 Conformance of street grades

12.36.030 Construction of buildings below
street grade unlawful

12.36.040 Violation of Section 12.36.030 -
penalty
§ 12.36.010 DEFINITIONS.

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

CENTERLINE. A line in the middle of the street
along its course with an equal distance between it and
the street line on each side.

CURB. A street improvement generally
constructed of cement concrete, six inches wide at the
top, nine inches wide at the bottom and 15 inches in
height, with the top edge nearest the centerline of the street constructed to conform to the curb line of the
street, and the side nearest the street line constructed perpendicular and the top and bottom constructed
horizontal. Said word may refer to a CURB already
constructed or which might be hereafter constructed
and in places where no CURB exists, where the word
is used as designating a location, it shall be presumed to exist.

CURB LINE. The line at the top of the curb at
the edge nearest the centerline of the street. The
CURB LINE on all streets, unless otherwise provided
by ordinance, shall be the distance from the property
line as provided by § 2 of Ord. 338 of the city, entitled “An Ordinance establishing the width of sidewalks
within the City of San Bernardino and establishing the
width of cement sidewalks that may hereafter be
constructed in said City” adopted and approved
September 17, 1906.

GUTTER LINE. The line along the face of the
curb at the top of the roadway and ten inches below
the top of the curb.

PROPERTY LINE. The boundary line along the
street of any abutting land.

ROADWAY. All that portion of the street
between the curbs, and at intersections shall include
that portion of the street described between the curb
lines of the street extended along the course of the
street across the intersecting street. In extending such curb lines, the lines shall produce a straight line
between the points of intersection of the curb lines of the described street with the curb lines of the
intersecting street.

SIDEWALK. The portion of the street between
the curb line and the property line.

STREET. Any land which has been dedicated and
accepted according to law as a public street or
highway, or which has been in common and
undisputed use for general highway purposes by the
public for a period of not less than five years. Such
word shall be deemed to include avenues, highways,
lanes, alleys, crossings or intersections, courts and
places.

STREET LINE. Means, such as, for example,
“the south line of Third Street,” the boundary line of
the street along the course of the street. At
intersections, such line shall be deemed to cross the
intersecting street from one corner of the intersection to the other corner on the same side of the street.
(Ord. 756, passed 1-4-1920)
55 Packet Page 1130
56 San Bernardino - Streets, Sidewalks and Public Places § 12.36.020 CONFORMANCE OF STREET
GRADES.
(A) Except as otherwise provided by ordinance,
or unless otherwise provided for by resolution of the
Mayor and CommonCity Council, or upon plans
adopted for the improvement of any street within the
city by the Mayor and CommonCity Council, the
grades of all streets in the city are established in
conformity with the grades already established along
such streets or which may be hereafter established
along such streets, as follows.
(1) Where the grade is established along the
curb line:
(a) The grade of the street along the
curb line shall be a straight line drawn between
described points;
(b) The grade at the property line at
right angles to the curb line shall be higher than the
grade at the curb line at the rate of one-quarter of an inch per foot of distance between the curb line and the property line; and
(c) The grade of the centerline of the
street between the two curb lines shall be an average
of the grade at the curb lines taken at right angles to the centerline of the street.
(2) Where the grade of the street is
established along the property line:
(a) The grade of the street along the
property line shall be a straight line drawn between
described points; and
(b) The grade at the curb line at right
angles to the property line shall be lower than the
grade at the property line at the rate of one-quarter of an inch per foot of distance between the curb line and
the property line.
(3) The grade of the sidewalk shall be a
straight line drawn between the grade at the curb line
and the grade at the property line taken at right angles with either curb line or property line.
(B) The grade of the roadway taken at right
angles to the curb line shall conform to a curved line
which shall be a parabola intersecting gutter lines on
each side or roadway and centerline of street.
(C) The grade of the street at the gutter line shall
be ten inches below the grade at the curb line.
(D) Unless it clearly appears to the contrary, the
grade of all streets heretofore established shall be
construed to have been established in accordance with
the grades established, and all ordinances establishing the grades of any street in the city subsequently
adopted by the Mayor and CommonCity Council of
the city shall be deemed to have been passed and
adopted in the light of this section, and the grades of any such street shall be deemed established along and
across any such street in accordance with the
provisions of this section unless a contrary intention
clearly appears.
(Ord. 821, passed 8-9-1921; Ord. 1301, passed
5-12-1926)
§ 12.36.030 CONSTRUCTION OF BUILDINGS
BELOW STREET GRADE UNLAWFUL.

It is unlawful to erect, build or construct any
building, structure or improvement within the city
below the official grade of the street as determined by the Mayor and CommonCity Council except as
follows: that, in the event that the City Engineer
determines, by reason of mountains, hills or other
topography, that it is impractical to conform to the
official grade, then, and, in that event, the City
Engineer shall notify the Chief Building Inspector of
such determination and an exception shall be granted
hereto permitting the erection or construction of
buildings and structures at other than the official
grade.
(Ord. 1900, passed 11-30-1950; Ord. 2265, passed
6-23-1959)
§ 12.36.040 VIOLATION OF SECTION

12.36.030 - PENALTY.

Any person, firm or corporation violating any
provisions of § 12.36.030 is guilty of a misdemeanor,
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Street Grades 57
which, upon conviction thereof, is punishable in
accordance with § 1.12.010.
(Ord. 1900, passed 11-30-1950; Ord. MC-460, passed
5-15-1985)
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58 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1133
CHAPTER 12.40: STREET TREES
Section

12.40.010 Definitions

12.40.020 Street tree master plan

12.40.030 Conformance with street tree
master plan

12.40.040 Petition of property owners for
change in variety of trees

12.40.050 Removal of city tree - duty of
Director of Public Services

12.40.060 Authorized removal of tree -
criteria

12.40.070 Permit required for cutting,
trimming and the like

12.40.080 Application for permit

12.40.090 Compliance with permit

12.40.100 Cost of removal of trees

12.40.110 Unlawful acts

12.40.120 Height of plants

12.40.130 Duty of property owner and
abatement of nuisance

12.40.140 Violation - penalty
Statutory reference:

For provisions on the planting of trees along
public streets, see Cal. Streets and Highways
Code, §§ 22000 et seq.
§ 12.40.010 DEFINITIONS.

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

DIRECTOR OF PARKS, RECREATION, AND
COMMUNITY SERVICES. Any designated
representative of such Director.

DIRECTOR OF PUBLIC SERVICES. Any
authorized representative of such Director.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.020 STREET TREE MASTER PLAN.

All streets, sidewalks, parkways, lanes, alleys,
parks and other public places in the city now open or
dedicated, or which may be hereafter opened or
dedicated to public use, may be planted with trees,
palms, shrubs, bushes, plants and flowers as
specifically provided in the street tree master plan on file in the Parks, Recreation and Community Services
Department.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983)
§ 12.40.030 CONFORMANCE WITH STREET
TREE MASTER PLAN.

It is unlawful for anyone to plant trees, shrubs or
bushes upon the streets, sidewalks, parkways, lanes,
alleys, parks and other public places to which the
master plan is applicable, except in conformity with
the master plan.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983)
§ 12.40.040 PETITION OF PROPERTY

OWNERS FOR CHANGE IN VARIETY OF
TREES.

In the event a petition bearing the signatures of
not less than 75% of the property owners owning
property fronting upon any city street, sidewalk,
parkway, lane, alley, park or other public place which
is one block long or more, requests a change in the
variety of trees used for planting in the place referred to in the petition, the petition shall be granted by the 59 Packet Page 1134
60 San Bernardino - Streets, Sidewalks and Public Places Director of Public Services, following consultation
with the Director of Parks, Recreation and Community
Services if the variety requested for replacement or
new planting is known and established as a street tree
and is not of a variety that may tend to break
sidewalks or curbs or is not objectionable as a street
tree for other reasons.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.050 REMOVAL OF CITY TREE -
DUTY OF DIRECTOR OF PUBLIC SERVICES.

Upon receipt of a request for the removal of a
city tree or for a change in the type of tree designated in the master plan, the Director of Public Services
shall investigate and respond in writing to the request, with a copy to the Council member of the ward. The
Director’s decision shall be final unless an appeal to
the Mayor and CommonCity Council is filed with the
City Clerk pursuant to the provisions of Chapter 2.64.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.060 AUTHORIZED REMOVAL OF
TREE - CRITERIA.

The Director of Public Services is authorized to
remove or approve the removal of those trees which:
(A) Are diseased;
(B) Constitute a traffic hazard;
(C) Threaten to damage sidewalks, curbs or
gutters;
(D) Are not in conformity with adopted
specifications:
(E) Interfere with street widening;
(F) Are located in a business district;
(G) Obstruct the moving of houses;
(H) Block proposed driveways or entrances to
private property; or
(I) Interfere with or damage sewers or water
lines.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.070 PERMIT REQUIRED FOR
CUTTING, TRIMMING AND THE LIKE.

It is unlawful for any person, persons or
corporation to cut down, trim, take up, remove, prune
or injure any trees, shrubs, palms or flowers that are
now planted or grown on any of the public streets,
sidewalks, parkways, lanes, alleys, parks or other
public places of the city, except after procuring a
permit from the office of the Director of Public
Services. A permit fee established by resolution of the Mayor and CommonCity Council shall be collected,
except that no fee shall be paid for any work required
by any city department or performed pursuant to a
contract with the city.
(Ord. 1655, passed 4-8-1941; Ord. 2273, passed
9-22-1959; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.080 APPLICATION FOR PERMIT.

Any person desiring to procure a permit, as
specified in § 12.40.070, shall apply, in writing, to the Director of Public Services, who may require a good
and sufficient bond in such sum as may be fixed by the
Director, conditioned that the applicant will pay the
city all costs and damages resulting from the
removing, trimming, pruning of trees, shrubs or
bushes, and the Director may, in his or her discretion, require the furnishing of a bond or policy of insurance to cover any and all claims for damages to persons or
property resulting from the removal, pruning or
trimming of trees, shrubs or bushes. The Director may
establish other conditions to the permit for protection of persons and property.
(Ord. 1655, passed 4-8-1941; Ord. MC-325, passed
12-6-1983; Ord. MC-344, passed 2-22-1984)
Packet Page 1135
Street Trees 61
§ 12.40.090 COMPLIANCE WITH PERMIT.

Upon the issuance of any permit, the applicant
shall comply with each condition of the permit and
shall, at least 18 hours before commencing work,
notify the Director of Public Services to cause a field inspection to be made.
(Ord. 1655, passed 4-8-1941; Ord. MC-325, passed
12-6-1983; Ord. MC-344, passed 2-22-1984)
§ 12.40.100 COST OF REMOVAL OF TREES.

In the event of a request for the removal of trees
by the Director of Public Services under the provisions of § 12.40.060, 60 days’ notice shall be given on all
trees except palms, and 30 days’ notice shall be given
in the case of palm trees, except when the trees
constitute a hazard. There shall be paid to the city by the person requesting removal a sum to compensate for
the reasonable cost of the removal of the tree or trees, together with a reasonable sum to box, remove,
replant and conserve the tree or trees so removed, if
applicable. Such sums shall be fixed by the Director of Public Services and shall be paid prior to removal.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.110 UNLAWFUL ACTS.

It is unlawful for any person to carve or injure the
bark of any tree, shrub, palm or bush that is planted or grown on any of the public streets, sidewalks,
parkways, lanes, alleys, parks or other public places
in the city. It is unlawful for any person to attach any rope, wire or other contrivance to the tree, shrub,
palm or plant; to cause or permit anyone to dig in or
otherwise disturb grass areas in public places, or in
any other way injure or impair the natural beauty or
usefulness of any public area; to cause or permit any
wire charged with electricity to come in contact with
the tree, shrub, palm or plant; to allow any gaseous,
liquid or solid substance which is harmful to the tree, shrub, palm or plant to come in contact therewith.
(Ord. 1655, passed 4-8-1941; Ord. MC-325, passed
12-6-1983; Ord. MC-460, passed 5-15-1985)
§ 12.40.120 HEIGHT OF PLANTS.
(A) It is unlawful for the owner or occupant of
any corner lot in the city to keep, permit or maintain
trees, hedges, shrubs or any growth within the sight
triangle, as shown on the standard drawing(s)
referenced in § 12.30.020, unless the trees, shrubs,
hedges or other growth are trimmed so that the height
of same shall not exceed two and one-half feet above
the pavement at the curb lines of the intersecting
streets, except that trees with main stalks or trunks
exposed to a height of eight feet above the ground
need not be trimmed or cut, unless directed to do so
by the Director of Development Services.
(B) It is unlawful for any owner or occupant of
any premises in the city to permit, keep or maintain
hedges, shrubs or any growth over two feet in height
within a distance of six feet from the property line at any point within six feet of a driveway, except that
trees with main stalks or trunks exposed to a height of eight feet above the ground need not be trimmed or
cut, unless the trees are determined to constitute a
sight restriction to the Director of Development
Services.
(Ord. 1655, passed 4-8-1941; Ord. 2273, passed
9-22-1959; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984; Ord. MC-783, passed
5-6-1991; Ord. MC-1027, passed 9-9-1998)
§ 12.40.130 DUTY OF PROPERTY OWNER
AND ABATEMENT OF NUISANCE.
(A) The owner or occupant described in
§§ 12.40.110 and 12.40.120 and other property
owners fronting any street, sidewalk, parkway, lane,
alley, park or other public place shall water, keep,
maintain and permit trees, hedges, shrubs or any other
growth located thereon in accordance with this chapter
and other ordinances of the city or rules and
regulations of the Director of Public Services.
(B) Any tree, shrub or palm growing on any
parkway or sidewalk which is damaged in violation of
§ 12.40.110 or any growth of any tree, shrub or hedge
or other vegetation which is in excess of the height
limits set forth in § 12.40.120, unless otherwise
permitted by the Traffic Engineer, is declared a public Packet Page 1136
62 San Bernardino - Streets, Sidewalks and Public Places nuisance, the removal of which is necessary to protect
the health and safety of the city’s inhabitants. The
Director of Development Services may find and
declare the same to be a public nuisance, may order
abatement thereof in accordance with the procedure set
for abatement pursuant to Chapter 8.30 and may assess
costs for the abatement pursuant to Chapter 3.68.
(Ord. 1655, passed 4-8-1941; Ord. 2273, passed
9-22-1959; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984; Ord. MC-783, passed
5-6-1991; Ord. MC-1027, passed 9-9-1998)
Editor’s note:

Ord. MC-1418, passed 10-5-2015
repealed/deleted Chapter 3.68 and stated that
any remaining provisions of the municipal code
that reference it should now be deemed to
instead reference Chapter 8.30, which it also
amended.
§ 12.40.140 VIOLATION - PENALTY.

Any person violating any provision of this chapter
is guilty of an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 1885, passed 5-2-1952; Ord. MC-325, passed
12-6-1983; Ord. MC-460, passed 5-15-1985)
Packet Page 1137
CHAPTER 12.44: OBSTRUCTIONS
Section

12.44.010 Prohibited deposits on street

12.44.020 Depositing salt on streets
unlawful

12.44.030 Streets, sidewalks and crosswalks
to be kept free of obstructions

12.44.040 Draining water on streets
unlawful - penalty

12.44.050 Nuisance

12.44.060 Disposal of dead animals and
rubbish, garbage or filth

12.44.070 Maintenance of premises

12.44.080 Violation of Sections 12.44.040
through 12.44.070 - penalty

12.44.090 Use of sidewalks for display of
goods, wares or merchandise
unlawful

12.44.100 Removal of goods, wares and
merchandise

12.44.110 Projection of signs

12.44.120 Violation of Sections 12.44.090
through 12.44.110 - penalty
Statutory reference:

For provisions authorizing cities to prevent
encroachment and obstruction of city streets,
see Cal. Gov’t Code, § 38775.
§ 12.44.010 PROHIBITED DEPOSITS ON
STREET.

It is unlawful for any person to deposit on any
public street any bottles, broken ware, rubbish, waste
paper, garbage, filth, refuse, dead animals or brine.
(Ord. 821, passed 8-9-1921)
§ 12.44.020 DEPOSITING SALT ON STREETS
UNLAWFUL.

It is unlawful for any person to deposit upon any
paved street within the city any brine, salt, water
containing any salts or any matter which is injurious to such pavement.
(Ord. 821, passed 8-9-1921)
§ 12.44.030 STREETS, SIDEWALKS AND

CROSSWALKS TO BE KEPT FREE OF
OBSTRUCTIONS.
(A) The public streets, sidewalks and crosswalks
of the city, and the stairways, escalators, elevators,
passageways and sidewalks in or surrounding public
malls or buildings owned, operated or maintained by
the city, and the entrances and exits to and from public halls, meeting places and public buildings within the
boundaries of the city, being intended for the
accommodation and convenience of the public, shall be
kept and reserved free from all obstructions,
including, but not limited to, obstructions by human
beings.
(B) It is unlawful for any person to willfully and
maliciously stand or sit in, obstruct or occupy any
public street, sidewalk or crosswalk, or sit, stand in, obstruct or occupy any public stairway, escalator,
elevator, passageway or sidewalk in or immediately
surrounding a public mall or building owned, operated
or maintained by the city, or stand, sit in, occupy or
obstruct the entrance or exit to and from any public
hall, meeting place and public building within the
boundaries of the city, so as in any manner to obstruct the free passage thereon or to hinder, molest or annoy
any person while passing along the same.
(C) Any person who violates any provision of
63 Packet Page 1138
64 San Bernardino - Streets, Sidewalks and Public Places this section is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 120, passed 9-13-1892; Ord. 3711, passed
3-7-1978; Ord. 3950, passed 7-9-1980; Ord. MC-460,
passed 5-15-1985)
§ 12.44.040 DRAINING WATER ON STREETS
UNLAWFUL - PENALTY.
(A) It is unlawful for any person to drain water
or to permit water to be drained, or to cause or permit water, except rainwater, to flow or escape from his or
her lands onto any public street, alley, way, highway,
park or other public place by any means which results
in damage to the street, alley, way, highway, park or
other public place, or which causes interference with
or damage or hazard to public travel or use. It is
unlawful to place, or cause to be placed, in any street, alley, way, highway, park or other public place any
obstruction which causes interference with, or damage
or hazard to, public travel or use.
(B) Any person who violates any provision of
this section is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 151, passed 1-16-1894; Ord. 2347, passed
3-27-1961; Ord. MC-460, passed 5-15-1985)
§ 12.44.050 NUISANCE.

The existence of anything prohibited by
§ 12.44.040 is a nuisance, and it shall be the duty of
the Marshal or any police officer, or the Director of
Public Services, to immediately abate such nuisance
upon knowledge of its existence.
(Ord. 151, passed 1-16-1894; Ord. MC-344, passed
2-22-1984)
§ 12.44.060 DISPOSAL OF DEAD ANIMALS
AND RUBBISH, GARBAGE OR FILTH.

Whenever any domestic or domesticated animal
is killed or dies within this city, the owner or person having possession, charge or control thereof shall,
immediately after its death, dispose of the dead body
or carcass of such animal so that it shall not become a nuisance or in any way injurious to health, or indecent or offensive to the senses. No person shall throw into
or place or deposit upon any public park, street, alley or other highway or public place, except in such place
or places as may be designated by the proper officer,
any broken ware, rubbish, garbage or filth.
(Ord. 151, passed 1-16-1894)
§ 12.44.070 MAINTENANCE OF PREMISES.

Every owner or occupant of any house or houses,
or other premises in this city, or person having
possession, charge or control thereof, shall keep the
house or houses, or other premises, and the premises
around and about such house or houses, clean of all
filth or anything creating offensive odors or
detrimental to health.
(Ord. 151, passed 1-16-1894)
§ 12.44.080 VIOLATION OF SECTIONS

12.44.040 THROUGH 12.44.070 - PENALTY.

Any person violating any provision of
§§ 12.44.040 through 12.44.070 is guilty of an
infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 151, passed 1-16-1894; Ord. MC-460, passed
5-15-1985)
§ 12.44.090 USE OF SIDEWALKS FOR

DISPLAY OF GOODS, WARES OR
MERCHANDISE UNLAWFUL.

It is unlawful for any person, firm or corporation
to use or make use of the public sidewalks of the city
for the display of goods, wares or merchandise or to
leave or permit to remain upon any portion of the
public streets of the city any goods, wares,
merchandise, boxes, barrels, cases, packages, trucks
or such other objects or things as will obstruct or
prevent the free use and passage thereon.
(Ord. 475, passed 2-13-1912)
Packet Page 1139
Obstructions 65
§ 12.44.100 REMOVAL OF GOODS, WARES
AND MERCHANDISE.

Goods, wares and merchandise delivered or
received upon the public sidewalks of the city shall
immediately be taken or removed therefrom by the
owner or person in charge thereof; provided that
goods, wares or merchandise received in bulk or
packages of such size or weight that the same cannot
be immediately removed, as aforesaid, the owner or
person in charge thereof shall remove or cause the
same to be removed within four hours from the time of
delivery thereof; and provided, further, that pending
such removal of such goods, wares or merchandise,
the same shall occupy the outer edge or space of the
sidewalk, the inner line of such space shall be parallel with the curb line and not more than three feet distant therefrom.
(Ord. 475, passed 2-13-1912)
§ 12.44.110 PROJECTION OF SIGNS.

No provision of §§ 12.44.090 through 12.44.120
shall be construed to prohibit the projection of signs
over public property in conformity with Ords. 1991
(Title 19, Zoning) (now replaced) and 2623 (Chapter

16.04) or other ordinances and laws in effect in the
city.
(Ord. 475, passed 2-13-1912; Ord. 2997, passed
7-1-1969)
§ 12.44.120 VIOLATION OF SECTIONS

12.44.090 THROUGH 12.44.110 - PENALTY.

Any person violating any provision of
§§ 12.44.090 through 12.44.110 is guilty of an
infraction, which, upon conviction thereof, is
punishable in accordance with § 1.12.010.
(Ord. 475, passed 2-13-1912; Ord. MC-460, passed
5-15-1985)
Packet Page 1140
66 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1141
CHAPTER 12.48: BRIDGES
Section

12.48.010 Driving animals over bridge -
restrictions - violation and
penalty

12.48.020 Unlawful placement of bridges

12.48.030 Notice to remove bridges

12.48.040 Duty to remove bridge

12.48.050 Violation of Sections 12.48.020
through 12.48.040 - penalty
§ 12.48.010 DRIVING ANIMALS OVER

BRIDGE - RESTRICTIONS - VIOLATION AND
PENALTY.
(A) It is not lawful to drive, lead or conduct any
cattle, horses, mules, sheep, goats or hogs, or, in any manner, cause any such animals to go across or upon
any bridge in or upon any of the streets, avenues or
highways in this city, in any greater number than 25
head of cattle, horses or mules, or 50 sheep, goats or
hogs, at one time.
(B) Any person violating division (A) above is
guilty of an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 122, passed 9-27-1892; Ord. MC-460, passed
5-15-1985)
§ 12.48.020 UNLAWFUL PLACEMENT OF
BRIDGES.

It is unlawful for any person to place, or cause to
be placed, or to keep and maintain, any bridge or
crossing over and across the gutter along either side of any paved or macadamized street in the city.
(Ord. 111, passed 5-17-1892)
§ 12.48.030 NOTICE TO REMOVE BRIDGES.

It shall be the duty of the Director of Public
Services to notify any person maintaining any such
bridge or crossing to have the same removed within
ten days from the date of such notice and to cut down
the curb and slope the sidewalk so as to permit the
easy passage of vehicles, should any such passage be
required for access to private property.
(Ord. 111, passed 5-17-1892; Ord. MC-344, passed
2-22-1984)
§ 12.48.040 DUTY TO REMOVE BRIDGE.

Upon receiving such notice from the Director of
Public Services, it shall be the duty of the person
receiving the same to at once comply with the
provisions of § 12.48.030.
(Ord. 111, passed 5-17-1892; Ord. MC-344, passed
2-22-1984)
§ 12.48.050 VIOLATION OF SECTIONS

12.48.020 THROUGH 12.48.040 - PENALTY.

Any person violating any provision of
§§ 12.48.020 through 12.48.040 is guilty of an
infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 111, passed 5-17-1892; Ord. MC-460, passed
5-15-1985)
67 Packet Page 1142
68 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1143
CHAPTER 12.52: FIRE HYDRANTS
Section

12.52.010 Persons authorized to use
hydrants - prohibited acts

12.52.020 Parking vehicles near hydrant

12.52.030 Distance poles and wires to be
kept from hydrant

12.52.040 Violation - penalty
§ 12.52.010 PERSONS AUTHORIZED TO USE
HYDRANTS - PROHIBITED ACTS.

It is unlawful for any person, except members of
the City Fire Department, to use any fire hydrant in
the city or to interfere with, tamper with or in any way molest any fire hydrant in the city except through
special permission of the City Fire Chief and ratified
by the Superintendent of the City Municipal Water
Department.
(Ord. 821, passed 8-9-1921; Ord. 1263, passed
12-8-1925)
§ 12.52.020 PARKING VEHICLES NEAR
HYDRANT.

It is unlawful for any person to hitch or leave
standing any carriage, wagon, horse, truck,
automobile, motorcycle, bicycle or any other such
vehicle or animal within 15 feet of any fire hydrant
within the city.
(Ord. 562, passed 4-6-1914)
§ 12.52.030 DISTANCE POLES AND WIRES
TO BE KEPT FROM HYDRANT.

It is unlawful for any person, firm or corporation
to place or erect any pole to carry or support electric, telephone or telegraph wires, or other similar devices, within five feet of any fire hydrant within the city.
(Ord. 562, passed 4-6-1914)
§ 12.52.040 VIOLATION - PENALTY.

Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 562, passed 4-6-1914; Ord. MC-460, passed
5-15-1985)
69 Packet Page 1144
70 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1145
CHAPTER 12.56: PARADES
(Repealed by Ord. MC-1414, passed 7-6-2015)
Statutory reference:

For authority for cities to regulate or prohibit processions or assemblages on the highways, see Cal. Vehicle Code, § 21100.
71 Packet Page 1146
72 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1147
CHAPTER 12.60: VENDING NEAR PUBLIC SCHOOLS
Section

12.60.010 Distance from public schools

12.60.020 Violation - penalty
§ 12.60.010 DISTANCE FROM PUBLIC
SCHOOLS.

It is unlawful for any person, firm or corporation
to vend, sell or give away ice cream, ices,
cornucopias, candy or soda-water from vehicles upon
the public streets of the city within 12,000 feet of any public school house, except on Saturdays and Sundays.
(Ord. 614, passed 11-1-1915)
§ 12.60.020 VIOLATION - PENALTY.

Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 614, passed 11-1-1915; Ord. MC-460, passed
5-15-1985)
73 Packet Page 1148
74 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1149
CHAPTER 12.64: MOTION PICTURE AND TELEVISION PRODUCTION PERMITS (Repealed by Ord. MC-1414, passed 7-6-2015)
75 Packet Page 1150
76 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1151
CHAPTER 12.68: PARK AND SCHOOL GROUNDS
Section

12.68.010 Operation of vehicles in
designated areas only

12.68.020 Hours of use

12.68.030 Violation - penalty
Statutory reference:

For provisions on municipal regulation of parks,
see Cal. Public Resources Code,
§§ 5181 et seq.
§ 12.68.010 OPERATION OF VEHICLES IN
DESIGNATED AREAS ONLY.

It is unlawful for any person to operate, drive or
ride a bicycle, unicycle, tricycle, motorcycle, horse or any other animal in any public park or on school
grounds except in areas designated and posted
specifically for such use.
(Ord. 295, passed 12-15-1903; Ord. 3455, passed
11-5-1974; Ord. MC-460, passed 5-15-1985)
§ 12.68.020 HOURS OF USE.
(A) During the months of January, February,
March, October, November and December of each
and every year, it is unlawful for any person to be or
remain in any public park between the hours of 6:00
p.m. of any day to 6:00 a.m. of the succeeding day,
except upon written approval of the Director of Parks,
Recreation and Community Services or the Mayor and
CommonCity Council. During the months of April,
May, June, July, August and September of each and
every year, it is unlawful for any person to be or
remain in any public park between the hours of 8:00
p.m. of any day to 6:00 a.m. of the succeeding day,
except upon written approval of the Director of Parks,
Recreation and Community Services or the Mayor and
CommonCity Council. Notwithstanding the provisions
of the first two sentences herein, person(s) who are
utilizing the lighted activity portions of the public park for those intended lighted activities (including the time necessary to go to and from the intended lighted
activities), when no such written approval is required
for such intended lighted activities, may remain in the public park until the hour of 10:00 p.m., but thereafter it is unlawful for any such person(s) to be or remain in any public park between the hours of 10:00 p.m. of
any day to 6:00 a.m. of the succeeding day.
(B) This section shall not be applicable to any
person who is present in the park performing duties
relating to employment by the city.
(C) The Chief of Police, or his or her designee,
shall be authorized to close any city park whenever, in his or her best judgment, it is necessary for the health, safety and welfare of the community. It is unlawful for any person to be or remain in any public park after
having been informed that such park has been closed
by order of the Chief of Police, or his or her designee. (Ord. 295, passed 12-15-1903; Ord. 3455, passed
11-5-1974; Ord. 3698, passed 12-21-1977; Ord. 3868,
passed 9-18-1979; Ord. MC-460, passed 5-15-1985;
Ord. MC-1152, passed 10-8-2003)
§ 12.68.030 VIOLATION - PENALTY.

Any person violating any provision of this chapter
is guilty of a misdemeanor, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 295, passed 12-15-1903; Ord. MC-460, passed
5-15-1985)
77 Packet Page 1152
78 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1153
CHAPTER 12.72: CLOCKS
Section

12.72.010 Permit - required for clocks
overhanging public streets

12.72.020 Application for permit

12.72.030 Termination of permit for cause

12.72.040 Clocks to indicate correct time

12.72.050 Violation - penalty
§ 12.72.010 PERMIT - REQUIRED FOR
CLOCKS OVERHANGING PUBLIC STREETS.

It is unlawful for anyone to install, erect,
maintain or operate a clock or device which tells or
indicates the time upon or overhanging the public
streets of the city without first obtaining a permit from the CommonCity Council.
(Ord. 1739, passed 4-12-1945)
§ 12.72.020 APPLICATION FOR PERMIT.

Any person so desiring to procure a permit to
erect, install, maintain or operate a clock or device to tell or indicate the time shall make written application to the Mayor and CommonCity Council stating therein
the name or make of the clock or device; the plan or
manner in which the clock or device is to be erected,
installed, maintained or operated; the amount of
advertising matter to be displayed thereon or in
connection therewith; and such other information as
the Council may, from time to time, desire.
(Ord. 1739, passed 4-12-1945)
§ 12.72.030 TERMINATION OF PERMIT FOR
CAUSE.

The permit so issued may be terminated, at any
time, by the Mayor and CommonCity Council upon
the following grounds:
(A) The clock or device has not been installed,
erected, maintained or operated in accordance with the
permit granted;
(B) The clock or device is or has been
maintained for a period of 30 days in such condition
that it does not show, indicate or tell the correct time; and
(C) It is necessary or advantageous that public or
private improvements be made upon the streets which
necessitate or render it advantageous that the clock or device be removed.
(Ord. 1739, passed 4-12-1945)
§ 12.72.040 CLOCKS TO INDICATE
CORRECT TIME.

It is unlawful for anyone to permit, maintain,
operate or own a clock or device which does not tell,
indicate or show the correct time and which has been
erected or installed upon the public streets of the city or which overhangs the public streets; provided that
the face of any clock or device may be covered during
the period necessary for repairs but not to exceed a
period of 30 days without permission of the Mayor and
CommonCity Council.
(Ord. 1739, passed 4-12-1945)
§ 12.72.050 VIOLATION - PENALTY.

12.76.010 Change of name

12.76.020 Swimming in lake unlawful

12.76.030 Operation of boats by permission
only

12.76.040 Ducks, geese and fowl to be left
unharmed

12.76.045 Fishing unlawful

12.76.050 Violation - penalty
§ 12.76.010 CHANGE OF NAME.

On and after August 28, 1967, Inland Lake Park
shall be known as Seccombe Lake Park and the lake
situated therein shall be known as Seccombe Lake.
(Ord. 1761, passed 5-25-1946; Ord. 2844, passed
8-29-1967)
§ 12.76.020 SWIMMING IN LAKE
UNLAWFUL.

It is unlawful for anyone to swim or bathe in the
lake situated in Seccombe Lake Park in the city.
(Ord. 1761, passed 5-25-1946)
§ 12.76.030 OPERATION OF BOATS BY
PERMISSION ONLY.

It is unlawful for anyone to paddle, row, pole or
in any way launch, operate or propel a boat, canoe,
raft or any floating conveyance upon the lake situated
in Seccombe Lake Park in the city, except with the
permission of, and subject to any regulations that may
be imposed by, the CommonCity Council.
(Ord. 1761, passed 5-25-1946; Ord. 2700, passed
11-2-1965)
§ 12.76.040 DUCKS, GEESE AND FOWL TO
BE LEFT UNHARMED.

It is unlawful for anyone to kill, maim or injure,
in any way, any duck, goose or any fowl kept,
maintained or situated in Seccombe Lake Park in the
city.
(Ord. 1761, passed 5-25-1946)
§ 12.76.045 FISHING UNLAWFUL.

It is unlawful for anyone to fish on the lake
except in designated areas and subject to any
regulations imposed by the California Fish and Game
Laws and to any regulation that may be imposed by
the CommonCity Council.
(Ord. MC-489, passed 1-8-1986)
Statutory reference:

California Fish and Game Laws, see Cal. Fish
and Game Code, §§ 1 et seq. and Cal. Code
of Regulations, Title 14
§ 12.76.050 VIOLATION - PENALTY.

Any person violating any provision of this chapter
is guilty of a misdemeanor, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 1761, passed 5-25-1946; Ord. MC-460, passed
5-15-1985)
81 Packet Page 1156
82 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1157
CHAPTER 12.80: PUBLIC PARKS AND RECREATIONAL FACILITIES Section

12.80.010 Short title

12.80.020 Definitions

12.80.030 Use of parks and buildings
exclusive

12.80.040 Permit - required

12.80.050 Park and recreation sponsored
classes - permit required

12.80.055 Consumption of alcohol in a
public park - permit required

12.80.060 Application for permit

12.80.070 Issuance of permit

12.80.080 Denial of permit

12.80.090 Right of appeal of denial of
permit or conditions imposed on
issuance of permit

12.80.100 Fees and deposits

12.80.110 Liability

12.80.120 Displays and sales

12.80.130 Park regulations

12.80.140 Violation - penalty
§ 12.80.010 SHORT TITLE.

The ordinance codified in this chapter shall be
known as the “Parks and Recreation Ordinance.”
(Ord. 3326, passed 1-3-1973)
§ 12.80.020 DEFINITIONS.

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

AMPLIFIED SOUND. Speech or music,
projected or transmitted by electronic equipment,
including amplifiers, loudspeakers, microphones, bull
horns or similar devices which are intended to increase the volume, range, distance or intensity of speech or
music and are powered by electricity, battery or
combustible fuel.

BUILDING. Any building, or portion thereof,
under the supervision of the City Parks and Recreation
Department.

DIRECTOR. The Director of the Department of
Parks and Recreation.

INLINE SKATES. Skates which are attached to
a boot, shoe or other footwear to be worn by the
skater.

PARK. All grounds, roadways, avenues, park
facilities, municipal parks and playground areas, or
portions thereof, under the supervision of the Parks
and Recreation Department.

PERMIT. A permit for exclusive use of any park
or building, or portions thereof, as provided for in this chapter.

PERSON. Persons, groups, associations,
partnerships, firms or corporations unless the context
in which such word is used indicates the singular word
person was intended.
(Ord. 3326, passed 1-3-1973; Ord. MC-1185, passed
10-5-2004)
§ 12.80.030 USE OF PARKS AND BUILDINGS
EXCLUSIVE.

The city’s public parks and buildings, or portions
thereof, may be made available for the exclusive use
of persons subject to the issuance of a permit by the
Director as provided for in this chapter.
(Ord. 3326, passed 1-3-1973)
83 Packet Page 1158
84 San Bernardino - Streets, Sidewalks and Public Places § 12.80.040 PERMIT - REQUIRED.
(A) For any private groups of persons using a
public park that have fewer than 25, no permit is
required.
(B) It is unlawful for any group of persons, firm
or corporation, society or organization which
anticipates an attendance of more than 25 to conduct
any picnic, celebration, parade, service or exercise in any public park or building or use any park facility,
without first obtaining a written permit from the
Director as provided for in this chapter.
(C) It is unlawful for any group of persons, firm
or corporation, society or organization which
anticipates an attendance of more than 100 to conduct
any picnic, celebration, parade, service or exercise in any public park or building or use any park facility,
without first obtaining a special event permit pursuant to § 19.70.036.
(Ord. 3326, passed 1-3-1973; Ord. MC-460, passed
5-15-1985; Ord. MC-1414, passed 7-6-2015)
§ 12.80.050 PARK AND RECREATION

SPONSORED CLASSES - PERMIT
REQUIRED.

It is unlawful for any person, firm, corporation,
society or organization to hold classes, courses of
instruction or any activity where a fee or any form of
compensation is charged or anything of value is
obtained in a park or building, except in accordance
with a written permit issued by the Director for such
classes, courses of instruction or activity sponsored by or approved by the Department of Parks and
Recreation pursuant to the provisions of this chapter.
(Ord. 3326, passed 1-3-1973; Ord. 3525, passed
9-10-1975; Ord. MC-460, passed 5-15-1985)
§ 12.80.055 CONSUMPTION OF ALCOHOL IN
A PUBLIC PARK - PERMIT REQUIRED.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.060 APPLICATION FOR PERMIT.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.070 ISSUANCE OF PERMIT.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.080 DENIAL OF PERMIT.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.090 RIGHT OF APPEAL OF DENIAL

OF PERMIT OR CONDITIONS IMPOSED ON
ISSUANCE OF PERMIT.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.100 FEES AND DEPOSITS.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.110 LIABILITY.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.120 DISPLAYS AND SALES.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.130 PARK REGULATIONS.

Within the limits of any public park or
playground in or upon any facility or building located
therein and owned or controlled by the city, it is
Packet Page 1159
Public Parks and Recreational Facilities 85
unlawful for any person to:
(A) Cause the amplification of sound exceeding
25 watts total output from all channels of equipment
used except pursuant to an exclusive use permit issued
under this chapter and subject to the following
conditions.
(1) The location of any bandstand and the
position of each loudspeaker shall be as specified by
the Director so as to allow the least amount of
amplified sound to be audible in any adjacent
residential neighborhoods.
(2) Amplified sound shall not exceed 95
decibels (“dba”) at a point 50 feet in front of the
center point of the distance between loudspeaker
installations.
(B) Play or practice golf or use golf clubs in any
area not designated for such use;
(C) Operate any motor-driven model airplane
except in areas designated for such use;
(D) Operate or park any motor vehicle, as
defined in the California Vehicle Code within a park,
except upon areas designated for such use;
(E) Operate, drive or ride upon any bicycle,
unicycle, tricycle, horse or any other animal in any
park except in areas designated and posted specifically for such use;
(F) Leave any garbage, trash, cans, bottles,
papers or other refuse elsewhere than in the receptacle provided therefor;
(G) Use or attempt to use or interfere with the
use of any table, space of facility which at the time is reserved for any other person or group which has
received a permit from the Director for the use
thereof;
(H) Discharge or shoot any firearm, air gun,
slingshot or bow and arrow except at places designated
and posted specifically for such purposes;
(I) Dig, remove, destroy, injure, mutilate or cut
any tree, plant, shrub, bloom or flower, or any portion thereof, except a duly authorized city employee in the
performance of his or her duty;
(J) Remove any wood, turf, grass, soil, rock,
sand or gravel from any park except a duly authorized
city employee in the performance of his or her duty;
(K) Cut, break, deface or disturb any rock,
building, cage, pen, monument, sign, fence, structure,
apparatus, equipment or property except a duly
authorized city employee in the performance of his or
her duty;
(L) Light or maintain any fire unless such fire is
lighted and maintained only in a stove or fire circle or place provided for such purpose;
(M) Throw rocks and waste matter in
unauthorized places;
(N) Bathe or wade in or otherwise pollute the
waters of any pond, stream, lake or pool unless
wading or bathing are allowed in designated streams or
pools or portions thereof;
(O) Frighten, chase, set snare for, catch, injure
or destroy any wild quadrupeds or birds; or destroy,
remove or disturb any of the young or eggs of the
same; or to injure or maltreat any domestic or other
animals;
(P) Camp, lodge or tarry overnight unless there
are set aside certain places for this purpose; the
provisions of § 12.68.020 regulating loitering and
tarrying in any public park is adopted by reference;
(Q) Indulge in riotous, boisterous or indecent
conduct; and no noisy, disorderly or offensive person
shall be allowed within the park; the provisions of
Chapter 9.32 prohibiting any person from drinking
alcoholic beverages in a public place is adopted by
reference;
(R) Roller skate or bicycle upon tennis courts in
any public park within the city;
(S) Enter any toilet facility designated for the use
of female persons within any public park or go into the Packet Page 1160
86 San Bernardino - Streets, Sidewalks and Public Places vault of or be within such toilet facility, excepting
therefrom females, boys under the age of six years and
park employees while acting within the scope of their
duties of cleaning or repairing the toilets; or cut,
deface or make any writing or marking on the walls of
any toilet facility or structure within any public park; (T) (1) Skateboard or inline skate at a city
owned skateboard park without wearing a helmet,
elbow pads and knee pads;
(2) Use this facility for skateboarding or
inline skating if under the age of 14 years without
being supervised by an adult;
(3) Use any other equipment other than
skateboards or inline skates at this facility;
(4) Skateboard or inline skate during rain or
wet conditions at this facility; and/or
(5) If not an adult supervising someone
under the age of 14 years, enter (by passing through
the entrance/fence) or remain in the skateboard park
while not actively skating at all times.
(U) To smoke or engage in the act of smoking in
any public park in violation of § 8.73.050.
(Ord. 3326, passed 1-3-1973; Ord. 3643, passed
5-25-1977; Ord. MC-460, passed 5-15-1985; Ord.

MC-1170, passed 3-18-2004; Ord. MC-1171, passed
4-6-2004; Ord. MC-1180, passed 9-9-2004; Ord.

MC-1319, passed 11-16-2009)
§ 12.80.140 VIOLATION - PENALTY.

Any person, firm or corporation violating or
causing the violation of any provision of this chapter
is guilty of a misdemeanor, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 3326, passed 1-3-1973; Ord. MC-460, passed
5-15-1985)
Packet Page 1161
CHAPTER 12.84: OFF-STREET PUBLIC PARKING
Section
Article I. General Provisions

12.84.010 Citation

12.84.020 Findings and general statement

12.84.030 Chapter not exclusive

12.84.040 Initiation of proceedings

12.84.050 Determination that public
convenience and necessity
require improvements and
acquisitions

12.84.060 Preliminary determination of
necessity

12.84.070 Notice of hearing

12.84.080 Objections

12.84.090 Final determination of necessity

12.84.100 Modification

12.84.110 Council findings and
determinations are final and
conclusive

12.84.120 Applicability of findings

12.84.130 Proceedings undertaken without
compliance with investigation -
finality of order of Mayor and
CommonCity Council

12.84.140 General provisions

12.84.150 City may take action without
petition

12.84.160 Resolution setting forth majority
protest

12.84.170 Parking places not necessarily in
parking district

12.84.180 No specific time limit between
acts

12.84.190 Publication of notice

12.84.200 Use of resolution

12.84.210 Assessment upon public property

12.84.220 When bonds may be issued

12.84.230 Payment of bonds

12.84.240 Registration and redemption of
bonds

12.84.250 Issuance of bonds in different
divisions

12.84.260 Bids for bonds - sale to highest
responsible bidder - rejection of
bids - re-advertisement - private
sale - use of proceeds

12.84.270 Bonds - additional sources of
payment

12.84.280 Rental of facilities

12.84.290 Incidental use

12.84.300 Disposition of property

12.84.310 Other procedures

12.84.320 Assessment without bonds
Article II. Procedural Alternative I

12.84.330 Generally

12.84.340 Two parking districts

12.84.350 Administration

12.84.360 Additional collection provision

12.84.370 Tax levy
Article III. Procedural Alternative II

12.84.380 Generally

12.84.390 Findings of majority protest

12.84.400 Maturity of bonds

12.84.410 Annual assessments

12.84.420 Enlargement of district

12.84.430 Additional parking place pledge
87 Packet Page 1162
88 San Bernardino - Streets, Sidewalks and Public Places

12.84.440 Mayor and CommonCity Council
as Parking Place Commission

12.84.450 Provision for residential property
Article IV. Procedural Alternative III

12.84.460 Generally

12.84.470 Contents of resolution - intention
to form district

12.84.480 Resolution - purpose of debt -
amount - property taxable to pay
debt

12.84.490 Division of district into zones

12.84.500 Resolution - description of
improvement map of district -
availability for inspection

12.84.510 Resolution - time and place of
hearing - who may be heard

12.84.520 Notice of hearing - publication -
posting - mailing

12.84.530 Hearing - time and place - who
may appear - continuance

12.84.540 Change in purpose of bond and
amount

12.84.550 Notice of intention to make
change - publication - posting -
contents

12.84.560 Hearing on change - who may
appear - continuance

12.84.570 Protests by holders of title to
one-half of value of taxable
property - resolution of necessity
to incur debt - contents

12.84.580 Disapproval of formation
resolution for determination of no
benefit

12.84.590 Effective date of improvement
district - effect of determinations
in resolution

12.84.600 Effect of formation on bond
proceedings and tax levy

12.84.610 Issuance of bonds by resolution

12.84.620 Series of bonds - different
maturity dates - maximum term
of series

12.84.630 Form of bonds and coupons -
time of principal payments

12.84.640 Interest rate - payment dates

12.84.650 Call and redemption before
maturity - provision in bond

12.84.660 Denomination

12.84.670 Place of payment

12.84.680 Form of bonds - date - number -
signing and countersigning - seal
- mechanical reproduction of
signatures

12.84.690 Bonds of improvement districts -
statement of limitation on levy

12.84.700 Payment of proceeds into City
Treasury - special improvement
funds - expenditure for purpose
of debt - application of surplus on
accomplishment of purpose

12.84.710 Interest paid from bond proceeds
- maximum limitation

12.84.720 Bonds - payment of principal and
interest

12.84.730 Annual assessments

12.84.740 Exemption of residential property
Article V. Procedural Alternative IV

12.84.750 Generally

12.84.760 Issuance of bonds

12.84.770 Remedies for collection
Article VI. Procedural Alternative V

12.84.780 Generally

12.84.790 Issuance of bonds
ARTICLE I. GENERAL PROVISIONS
§ 12.84.010 CITATION.

The ordinance codified in this chapter may be
cited as the “San Bernardino Off-Street Public Parking
Packet Page 1163
Off-Street Public Parking 89
Improvement and Finance, Procedural Ordinance”
(sometimes referred to as “Off-Street Parking
Ordinance”).
(Ord. 3589, passed 7-6-1976)
§ 12.84.020 FINDINGS AND GENERAL
STATEMENT.
(A) The Mayor and CommonCity Council find
that, in order to provide an orderly procedure for the
acquisition, construction, improvement, completion,
repair, management, reconstruction, administration,
maintenance, operation and disposal of public
off-street parking places, issuance and payment of
bonds to pay the cost thereof; the making of
contributions therefor; and the making of covenants
and agreements with the bond holders for the security
and payment of such bonds, it is necessary for the city to exercise the powers it has by virtue of being a home rule city and to provide such a procedure. As used in
this chapter, PARKING PLACES includes public
parking lots, garages, buildings and other
improvements for the parking of motor vehicles. The
procedure provided for in this chapter is to be an
alternative to any others provided by, under or
pursuant to the City Charter or the general laws of the state.
(B) In addition to matters specified elsewhere in
this chapter, the city is authorized to perform the acts authorized by the procedural alternatives, including,
without limitation, the following:
(1) Acquire, by condemnation, purchase,
gift, lease or any other means, property necessary or
convenient for use as parking places, including any
property necessary or convenient for the opening,
widening, straightening or extending of streets or
alleys necessary or convenient for ingress to or egress from any parking place;
(2) Improve any property by the
construction thereon of garages, buildings or other
improvements necessary or convenient for parking
purposes;
(3) Improve parking places and any
property necessary or convenient for ingress to or
egress from parking places;
(4) Administer, maintain, operate and
repair parking places or provide therefor;
(5) Collect fees or charges to pay all or any
part of the cost of improving, repairing, maintaining
and operating parking places and of acquiring and
improving additional parking places;
(6) Levy taxes to pay all or any part of the
cost of improving, repairing, maintaining and
operating parking places and of acquiring and
improving additional parking places;
(7) Employ engineers, attorneys and other
persons necessary or convenient for the doing of any
act authorized by this chapter; and
(8) Do all acts and things necessary or
convenient for the accomplishment of the purposes of
this chapter.
(Ord. 3589, passed 7-6-1976)
§ 12.84.030 CHAPTER NOT EXCLUSIVE.

This chapter is not exclusive. The Mayor and
CommonCity Council shall have the power to provide
other procedures or to follow parking place or district procedures now or hereafter provided by general law;
provided, however, that whenever the city is acting
pursuant to this chapter, the provisions of this chapter shall be controlling to the extent that they are in
conflict with any of the provisions of said laws.
(Ord. 3589, passed 7-6-1976)
§ 12.84.040 INITIATION OF PROCEEDINGS.

Whenever the Mayor and CommonCity Council
deem it necessary to provide public off-street parking
places under and pursuant to this chapter, the Mayor
and CommonCity Council shall, by resolution, declare
Packet Page 1164
90 San Bernardino - Streets, Sidewalks and Public Places their intention to proceed and shall describe, in general terms, the procedural alternative they intend to follow; the proposed improvements or acquisitions involved;
the estimated costs of the improvements or acquisitions involved; and the maximum amount of bonds, if any,
to be issued to finance the improvements or
acquisitions. The requirement of a resolution as
provided for in this section may be satisfied by the
adoption of the resolution provided for in §§

12.84.050 through 12.84.130.
(Ord. 3589, passed 7-6-1976)
§ 12.84.050 DETERMINATION THAT PUBLIC

CONVENIENCE AND NECESSITY REQUIRE
IMPROVEMENTS AND ACQUISITIONS.

Before ordering any acquisitions or improvements
or both, or the creation of any district pursuant to this chapter, where the costs of the acquisitions or
improvements are to be paid in whole or in part by
special assessment or other special assessment taxes
upon property, whether the special assessment will be
specific or a special assessment tax upon property
wholly or partially according to the assessed value of
such property, the Mayor and CommonCity Council
shall find that the public convenience and necessity
require such acquisitions or improvements or both, in
the manner provided in § 19, Article XVI of the
California Constitution.
(Ord. 3589, passed 7-6-1976)
§ 12.84.060 PRELIMINARY
DETERMINATION OF NECESSITY.

A resolution of preliminary determination shall be
adopted, describing, in general terms, the intention to proceed under this chapter, the procedural alternative
to be followed; the proposed improvements or
acquisitions involved; the estimated costs of such
improvements or acquisitions; whether the assessment
is to be levied on all real property or on land only; the amount, based upon the estimated costs, to be assessed
against each particular parcel; the maximum amount of
bonds, if any, to be issued to finance the proposed
improvements or acquisitions. The resolution shall also state that any person interested may file a protest in
writing with the City Clerk containing therein a
description of the property in which the signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment
roll as the owners of such property, must contain or be accompanied by written evidence that such signers are
the owners of such property. The resolution shall also
set a time and place when and where any and all
persons interested may appear and show cause, if they
have any, why the Mayor and CommonCity Council
should not find and determine that the public
convenience and necessity require the formation of the
proposed improvement district and the proposed
acquisitions or improvements without compliance with
the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, sometimes referred to in
this chapter as “Investigation Act.”
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.070 NOTICE OF HEARING.

The resolution shall contain a notice of the time
and place of hearing. Notice of the hearing shall be
given by publishing a copy of the resolution of
preliminary determination once at least 15 days prior
to the time fixed for the hearing in a newspaper of
general circulation published in the city. Such notice
shall also be given by posting a copy of the resolution of preliminary determination in three public places
within the proposed improvement district at least 15
days before the time fixed for the hearing. Such notice shall also be given by mailing a copy of the resolution of intention at least 15 days before the time fixed for the hearing to each holder of title to taxable real
property or land, as the case may be, within the
proposed improvement district as such ownership is
shown on the last equalized county assessment roll.

The City Clerk shall cause all the above notices to be
given.
(Ord. 3589, passed 7-6-1976)
Packet Page 1165
Off-Street Public Parking 91
§ 12.84.080 OBJECTIONS.

At the time and place fixed for the hearing and so
noticed, any person interested may object to
undertaking the proceedings without first complying
with the provisions of the Investigation Act.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.090 FINAL DETERMINATION OF
NECESSITY.

If no protests are made, or if the protests have
been heard and overruled, the Mayor and
CommonCity Council may adopt a resolution finding
and determining that the public convenience and
necessity require the proposed improvements and/or
acquisitions, and that the Investigation Act shall not
apply. The finding may be incorporated in the
resolution ordering the improvement and/or
acquisition.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.100 MODIFICATION.

When proceedings are had for a change and
modification, the resolution of preliminary
determination to change and modify shall be deemed
a resolution of preliminary determination and the
resolution ordering the change and modifications shall
be deemed a resolution determining the convenience
and necessity as to the changes and modifications.
(Ord. 3589, passed 7-6-1976)
§ 12.84.110 COUNCIL FINDINGS AND

DETERMINATIONS ARE FINAL AND
CONCLUSIVE.

The resolution determining the convenience and
necessity shall be adopted by the affirmative vote of
four-fifths of the members of the CommonCity
Council and its findings and determinations shall be
final and conclusive.
(Ord. 3589, passed 7-6-1976)
§ 12.84.120 APPLICABILITY OF FINDINGS.

Sections 12.84.050 through 12.84.130 shall not
apply when investigation proceedings have been
avoided or taken pursuant to the Investigation Act.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.130 PROCEEDINGS UNDERTAKEN

WITHOUT COMPLIANCE WITH

INVESTIGATION - FINALITY OF ORDER OF
MAYOR AND COMMONCITY COUNCIL.

Where proceedings for any improvements and/or
acquisitions or any part thereof have been undertaken
without compliance with the Investigation Act or
without proceedings under §§ 12.84.050 through

12.84.130, proceedings may thereafter be had under
§§ 12.84.050 through 12.84.130, with reference
thereto, and the order of the Mayor and CommonCity
Council determining convenience and necessity therein
shall be final and conclusive.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.140 GENERAL PROVISIONS.

The general provisions set forth in §§ 12.84.150
through 12.84.320 shall apply to all proceedings taken
under this chapter.
(Ord. 3589, passed 7-6-1976)
§ 12.84.150 CITY MAY TAKE ACTION
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92 San Bernardino - Streets, Sidewalks and Public Places WITHOUT PETITION.

The city may prepare a report, adopt a resolution
of intention, form a parking district or take any other action to provide public off-street parking places
without any petition therefor.
(Ord. 3589, passed 7-6-1976)
§ 12.84.160 RESOLUTION SETTING FORTH
MAJORITY PROTEST.

The Mayor and CommonCity Council, in their
discretion, may set forth in a resolution the basis for determining the existence of a majority protest, which
may include, but shall not be limited to, land area,
assessed valuation of real property, assessed valuation of land only or the number of property owners.
(Ord. 3589, passed 7-6-1976)
§ 12.84.170 PARKING PLACES NOT
NECESSARILY IN PARKING DISTRICT.

When a parking district is formed, it shall not be
necessary for all parking places to be located within
the parking district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.180 NO SPECIFIC TIME LIMIT
BETWEEN ACTS.

It shall not be necessary for any specified time to
elapse between the performance of acts except as
otherwise required by this chapter.
(Ord. 3589, passed 7-6-1976)
§ 12.84.190 PUBLICATION OF NOTICE.

The first publication and the mailing of any
resolution or notice shall be not later than 15 days
before the day fixed therein for hearing or other act.
(Ord. 3589, passed 7-6-1976)
§ 12.84.200 USE OF RESOLUTION.

The Mayor and CommonCity Council may act,
by resolution, where an ordinance is provided except
as provided in §§ 12.84.710 and 12.84.720.
(Ord. 3589, passed 7-6-1976)
§ 12.84.210 ASSESSMENT UPON PUBLIC
PROPERTY.

Whenever proceedings are to be undertaken in
accordance with Procedural Alternatives I, II or III,
the Mayor and CommonCity Council may provide, in
the resolution of intention, that any real property
belonging to any county, city, public agency, school
board, educational, penal or reform institution or
institution for the feebleminded or the insanethose with psychotic disorders or mental disorders shall be
assessed in accordance with the provisions of the Cal.

Streets and Highways Code, §§ 5300 through 5325,
inclusive, as the same now appear or are hereafter
amended.
(Ord. 3589, passed 7-6-1976)
§ 12.84.220 WHEN BONDS MAY BE ISSUED.

Bonds may be issued at such time or times as the
Mayor and CommonCity Council, in their discretion,
by resolution, determine, including, but not limited to, before contracting or obtaining options for the
purchase of land, property or rights-of-way to be
acquired, or obtaining a judgment in eminent domain
for the acquisition thereof.
(Ord. 3589, passed 7-6-1976; Ord. 3603, passed
9-20-1976)
§ 12.84.230 PAYMENT OF BONDS.

Any bonds issued in accordance with Procedural
Alternatives I, II or III, the interest thereon and
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Off-Street Public Parking 93
premium, if any, shall be payable from assessments
levied, as determined by the Mayor and CommonCity
Council, upon land only or upon all real property
within the district. The resolution of intention shall
state the basis upon which the assessment is to be
levied.
(Ord. 3589, passed 7-6-1976; Ord. 3603, passed
9-20-1976)
§ 12.84.240 REGISTRATION AND
REDEMPTION OF BONDS.

The Mayor and CommonCity Council shall, by
resolution, prescribe the form of the bonds and of the
coupons attached thereto, the conversion and
registration privileges carried by the bonds and fix the time when the whole or any part of the principal shall
become due and payable. The Mayor and
CommonCity Council may provide for the call and
redemption of bonds prior to maturity at such times
and prices and upon such other terms as they may
specify. A bond shall not be subject to call or
redemption prior to maturity unless it contains a recital to that effect.
(Ord. 3589, passed 7-6-1976)
§ 12.84.250 ISSUANCE OF BONDS IN
DIFFERENT DIVISIONS.

The bonds may be issued in different divisions
with different dates and dates of maturity.
(Ord. 3589, passed 7-6-1976)
§ 12.84.260 BIDS FOR BONDS - SALE TO

HIGHEST RESPONSIBLE BIDDER -

REJECTION OF BIDS - RE-ADVERTISEMENT
- PRIVATE SALE - USE OF PROCEEDS.
(A) The bonds shall be sold for such price or
prices as the Mayor and Council, in their discretion,
shall determine which may be at the par value thereof
with or without premium or discount. The bonds may
be sold at public or private sale as the Mayor and
CommonCity Council shall determine. If the Mayor
and CommonCity Council determine to sell the bonds
by private sale, the same shall be awarded, by
resolution, to the buyer or buyers thereof. If the
Mayor and CommonCity Council determine to sell the
bonds at public sale, before selling the bonds or any
part thereof, the City Clerk shall give notice inviting sealed bids in such manner as the Mayor and
CommonCity Council shall prescribe. If satisfactory
bids are received, the bonds offered for sale shall be
awarded, by resolution, to the highest responsible
bidder. If no bids are received, or if the Mayor and
CommonCity Council determine that the bids received
are not satisfactory as to price or responsibility of the bidders, they may reject all bids received, if any, and either re-advertise or sell the bonds at private sale.
(B) The purposes for which the proceeds of the
bonds may be used may also include, without
limitation, incidental expenses, such as engineering,
appraisal, legal fees, bond counsel fees, financial
consultant fees, land and rights-of-way acquisition,
reserve funds and expenses of financing the district, if any, and expenses of all proceedings for the
authorization, issuance and sale of the bonds or related thereto.
(Ord. 3589, passed 7-6-1976)
§ 12.84.270 BONDS - ADDITIONAL SOURCES
OF PAYMENT.

The Mayor and CommonCity Council, in their
sole discretion, may provide, in the resolution required by §§ 12.84.040 or 12.84.050 through 12.84.130, that
bonds, both principal and interest, issued for the
purposes provided for herein may be additionally
payable from any legally available source of funds,
including, without limitation, revenues derived from
the operation of the public off-street parking places or grants from other governmental agencies to the city to
be used for any of the purposes set forth herein.
(Ord. 3589, passed 7-6-1976)
Packet Page 1168
94 San Bernardino - Streets, Sidewalks and Public Places § 12.84.280 RENTAL OF FACILITIES.

The city may acquire, construct, rent, lease,
maintain, repair, manage and operate all or any
portion of any real and personal property for the
purpose of providing public off-street parking places
and may provide by lease or otherwise with any
person, firm, corporation or non-profit association or
corporation for the management, operation,
maintenance or repair of the public off-street parking
places.
(Ord. 3589, passed 7-6-1976)
§ 12.84.290 INCIDENTAL USE.
(A) As an incident to the operation of any
parking facility, the city may devote a portion of its
property to uses such as retail stores, bus terminal,
gasoline service station, helicopter landing area or any other commercial use, when, in its judgment, it is
convenient or necessary to conduct or permit such use
in order to utilize the property as a parking facility.

Any such incidental use shall be secondary to the
primary use as a parking facility, and the portion of
the land devoted to the incidental use shall not exceed 25% of the surface area of the property. If a building
is erected on the property for the purpose of parking
motor vehicles, the incidental use of the building shall not occupy more than 25% of the floor area.
(B) The Mayor and CommonCity Council shall
use its best efforts to lease surplus space devoted to
commercial purposes other than parking vehicles to
any person, firm, corporation or non-profit association or corporation as the Mayor and CommonCity Council
shall determine.
(C) As an incidental use to a parking facility,
foundations, platforms and other like structural forms
may be constructed in any feasible manner, as an
integral part thereof or otherwise, for provision or
utilization of air rights sites for buildings to be used for, without limitation, residential, commercial or
other uses; provided that the cost of such structural
forms shall be recovered from the parties utilizing
such air rights sites and used, as determined by the
Mayor and CommonCity Council, to pay the costs of
acquisition, construction, improvement, completion,
repair, management, reconstruction, administration,
maintenance or operation of the parking places
involved or other parking places located within the
city.
(Ord. 3589, passed 7-6-1976)
§ 12.84.300 DISPOSITION OF PROPERTY.

The Mayor and CommonCity Council, subject to
the provisions of the City Charter, may determine that
any parcel of property, or any improvements,
extensions or replacements thereof or additions
thereto, either acquired from the proceeds of the bonds or leased to the city with rents therefor derived from
assessments levied pursuant to this chapter are no
longer needed for off-street parking purposes or such
facilities may be otherwise better provided. Subject to the provisions of the City Charter, and any restriction in the resolution providing for the issuance of any
outstanding bonds relating to the facilities involved,
the property may thereafter be sold, leased or
otherwise disposed of, either during or after the term
of the bonds and the proceeds placed in a fund as
designated by the Mayor and CommonCity Council
and used for the purposes of this chapter.
(Ord. 3589, passed 7-6-1976; Ord. 3759, passed
9-13-1978)
§ 12.84.310 OTHER PROCEDURES.

When proceedings are had under this chapter, its
provisions may be supplemented by other proceedings
or as otherwise provided in the resolution of intention, including, without limitation, provisions for credit for parking places made available for public or private
uses pursuant to agreement with the city, credit for
taxes or assessments paid to the city and used
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Off-Street Public Parking 95
primarily for parking purposes, and the replenishment
for Reserve Funds.
(Ord. 3589, passed 7-6-1976; Ord. 3603, passed
9-20-1976)
§ 12.84.320 ASSESSMENT WITHOUT BONDS.

In addition, or as an alternative to, the other
provisions contained in Procedural Alternatives II or
III, the Mayor and CommonCity Council may provide
in the resolution of intention for the levy each year of an ad valorem assessment on all taxable real property
or all taxable land, as the case may be, within the
district to provide monies for all or any part of the
costs and expenses of providing parking places prior to the issuance of bonds or without issuing bonds. The
costs and expenses of providing parking places may
include, but shall not be limited to, lease payments,
the costs and expenses of operating, maintaining,
repairing and improving the parking places,
engineering fees, appraisal fees, legal fees, financial consultant fees, cost of land and rights-of-way
acquisition, expenses of all proceedings for the
formation of the district and all other costs and
expenses for carrying out the purposes of this chapter.

The rate of ad valorem assessment shall be fixed by
the Mayor and CommonCity Council each year so as
to produce sums required to pay the estimated costs
and expenses mentioned above. The assessment shall
be levied, collected and enforced in the same manner,
at the same time and with the same penalties and
interest, as in the case of taxes levied for the city.
(Ord. 3589, passed 7-6-1976; Ord. 3603, passed
9-20-1976)
ARTICLE II. PROCEDURAL ALTERNATIVE I
§ 12.84.330 GENERALLY.

Any part or parts of the city may be created and
operated as a district or districts for the acquisition, construction, improvement, completion, repair,
management, reconstruction, administration,
maintenance, operation and disposal of public
off-street parking places; bonds to pay the cost thereof may be issued and paid; contributions may be made,
covenants and agreements with the bondholders for the
security and payment of such bonds may be made; and
the Mayor and CommonCity Council shall have the
powers, jurisdiction and authority all as now or
hereafter provided in the Parking District Law of 1943
(herein called “1943 Act”), except as herein otherwise
provided.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking District Law of 1943, see Cal. Streets
and Highways Code, Division 18,
Part 1(commencing with § 31500)
§ 12.84.340 TWO PARKING DISTRICTS.

Territory included in one parking district may be
included in another parking district if the Mayor and
CommonCity Council find that the territory will be
benefitted by being included in the subsequent parking
district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.350 ADMINISTRATION.

The Mayor and CommonCity Council, in their
discretion, may, by the adoption of a resolution,
declare themselves to be the Parking Place
Commission, with any and all powers and duties of
Parking Place Commissioners as provided in the 1943
Act.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking District Law of 1943, see Cal. Streets
and Highways Code, Division 18,
Part 1 (commencing with § 31500)
§ 12.84.360 ADDITIONAL COLLECTION
PROVISION.

The provisions of the Cal. Streets and Highways
Code, §§ 8680 to 8688, inclusive, and §§ 8830 to
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96 San Bernardino - Streets, Sidewalks and Public Places 88358837, inclusive, shall apply to assessments levied
hereunder.
(Ord. 3589, passed 7-6-1976)
§ 12.84.370 TAX LEVY.

Annually on or before June 30, the Mayor and
CommonCity Council shall prepare an estimate of the
expenditures required for the maintenance, operation,
repair and improvement of the parking places under its
charge for the ensuing fiscal year, and, in their
discretion, required during that year for the acquisition of additional parking places, if any. The Mayor and
CommonCity Council shall also estimate the amount,
if any, of revenues to be derived from rentals, fees or charges for the use of the parking places and the
amount, if any, to be raised by taxation. The amount
to be raised by taxation for the acquisition of
additional parking places shall be stated separately. At the time and in the manner for levying general taxes,
the Mayor and CommonCity Council may levy and
collect upon and against all of the taxable real property or land only, as the case may be, within the district at the rate determined by the Mayor and CommonCity
Council, a special ad valorem tax sufficient to raise the sum of money estimated as required to be raised by
taxation.
(Ord. 3589, passed 7-6-1976)
ARTICLE III. PROCEDURAL ALTERNATIVE II
§ 12.84.380 GENERALLY.

Any part or parts of the city may be created and
operated as a district or districts for the acquisition, construction, improvement, completion, repair,
management, reconstruction, administration,
maintenance, operation and disposal of public
off-street parking places; bonds to pay the cost thereof may be issued and paid; revenues from on- and
off-street parking facilities may be allocated and
pledged; annual ad valorem assessments may be levied
and collected; contributions may be made; covenants
and agreements with the bondholders for the security
and payment of such bonds may be made; and the
Mayor and CommonCity Council shall have the
powers, jurisdiction and authority all as now or
hereafter provided in the Parking District Law of 1951
(herein called “1951 Act”), except as herein otherwise
provided.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking District Law of 1951, see Cal. Streets
and Highways Code, §§ 35100 et seq.
§ 12.84.390 FINDINGS OF MAJORITY
PROTEST.

If the owners of taxable real property or taxable
land, as the case may be, in the district having an
assessed valuation of more than one-half of the
assessed valuation of all taxable real property or all
taxable land, as the case may be, in the district at the conclusion of the hearing have on file and have not
withdrawn their written protests objecting to the
formation of the district, the legislative body shall find that a majority protest has been filed, and no further
proceedings shall be taken for a period of one year
from the date of the decision of the Mayor and
CommonCity Council on the hearing unless the
protests are overruled by an affirmative vote of
four-fifths of the members of the CommonCity
Council in which event the proceedings may continue
as if no majority protest had been made. Any person
making a protest may withdraw the protest, in writing,
at any time prior to the conclusion of the protest
hearing.
(Ord. 3589, passed 7-6-1976)
§ 12.84.400 MATURITY OF BONDS.

The full amount of the bonds may be divided into
two or more series and different dates fixed for the
bonds of each series. The maximum term which the
bonds of any series shall run before maturity shall not exceed 40 years from the date of the series.
(Ord. 3589, passed 7-6-1976)
§ 12.84.410 ANNUAL ASSESSMENTS.

The annual assessment provided for in the 1951
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Off-Street Public Parking 97
Act shall be computed on the basis of the formula set
forth in the resolution of intention to form the district as originally adopted or as modified by subsequent
change and modification or other proceedings
conducted pursuant to this chapter or any other law,
and the limitations upon the rate or period thereof
provided in the Act shall not apply. If the assessed
value of any parcel of property does not appear on the
tax roll, an estimated assessed value of such parcel
shall be made by the Director of Development
Services in consultation with the County Assessor, and
such estimate shall, for purposes of such ad valorem
assessment, be considered the assessed value of such
parcel.
(A) Supplemental advances and levies. The
provisions of the Cal. Streets and Highways Code,
§§ 8800 to 8809, inclusive, shall apply to assessments
levied hereunder if so stated in the resolution of
intention.
(B) Additional collection provisions. The
provisions of the Cal. Streets and Highways Code,
§§ 8680 to 8688, inclusive, and §§ 8830 to 88358837,
inclusive, shall apply to assessments levied hereunder. (C) Charges.
(1) The Mayor and CommonCity Council,
or the City Parking Commission, as the case may be,
may, by resolution, prescribe, revise and collect fees, tolls, rates, rentals and other charges (other than
special assessments), including, but not necessarily
limited to, service charges and standby charges for
services or facilities furnished by the district; charges for the availability of the facilities of the district, regardless of whether the facilities are used or not; and minimum charges. Such charges shall be payable on a
uniform and equitable basis by the owner of the
property to which the facilities of the district are
available, including the owners of publicly owned
property.
(2) Any delinquent charges and all penalties
thereon when recorded as hereinafter provided shall
constitute a lien on the real property to which the
facilities of the district are available (except that no such lien shall be created against any publicly owned
property), and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor.
(3) All remedies provided for collection of
due and unpaid charges which are provided in the
Revenue Bond Law of 1941 of the state may be
exercised to enforce payment of any charges levied
under this article.
(4) A resolution prescribing or revising
such charges shall not be adopted until the Mayor and
CommonCity Council or the Commission, as the case
may be, has given notice of and held a hearing thereon
substantially as provided in Cal. Gov’t Code,
§ 54354.5, being part of the Revenue Bond Law of
1941.
(5) Any assessment levied against any
parcel of real property pursuant to this article which is held by any court of competent jurisdiction to be
invalid or unenforceable for any reason shall be
deemed to be a charge under this article, and the
amounts of any assessments levied and collected
against other parcels in the district and not affected by said holding of invalidity shall be credited against any charges which might otherwise be payable by the
owners thereof, to the end that no parcel in the district is charged both an assessment and a charge for the
same facility. Any change and modification or other
proceeding conducted for the purpose of levying
assessments under this article shall comply with the
notice and hearing requirement of Cal. Gov’t Code,
§ 54354.5.
(Ord. 3589, passed 7-6-1976; Ord. MC-1027, passed
9-9-1998)
Statutory reference:

Parking District Law of 1951, see Cal. Streets
and Highways Code, §§ 35100 et seq.

Revenue Bond Law of 1941, see Cal. Gov’t Code,
§§ 54300 et seq.
§ 12.84.420 ENLARGEMENT OF DISTRICT.

The boundaries of the district heretofore or
hereafter formed may be enlarged from time to time.

Packet Page 1172
98 San Bernardino - Streets, Sidewalks and Public Places (A) Resolution of intention. The territory to be
annexed shall be set forth in a resolution of
preliminary determination and of intention to be
adopted by the Mayor and CommonCity Council
which shall give notice that the matter and all persons interested will be heard by the Mayor and
CommonCity Council at a time to be stated therein.
(B) Publication. The resolution shall be
published twice in a newspaper of general circulation
published in the city and posted as provided in
§ 12.84.070.
(C) Hearing. The hearing may be adjourned,
from time to time. At the hearing, the Mayor and
CommonCity Council shall have the power to
determine whether or not the entire territory, or only
a portion thereof, to be annexed and the district will be benefitted by the annexation.
(D) Order. The Mayor and CommonCity Council
shall, by resolution, order the annexation of such
territory, defining its boundaries therein. Its decision thereon shall be final and conclusive.
(E) Ad valorem assessment. Thereafter, the
property annexed shall be subject to special levies for maintenance and operation and for any bonds issued
for the acquisition for construction of improvements,
the same as are the properties already in the parking
district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.430 ADDITIONAL PARKING PLACE
PLEDGE.

The Mayor and CommonCity Council may, at
any time, pledge revenues from off-street parking
places heretofore or hereafter acquired in other than
the proceedings provided for herein in addition to
those acquired in the proceedings.
(Ord. 3589, passed 7-6-1976)
§ 12.84.440 MAYOR AND COMMONCITY

COUNCIL AS PARKING PLACE
COMMISSION.

The Mayor and CommonCity Council, in their
discretion, may, by the adoption of a resolution,
declare themselves to be the Parking Place
Commission with any and all powers and duties of
Parking Place Commissioners as provided for in the
1951 Act.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking District Law of 1951, see Cal. Streets
and Highways Code, §§ 35100 et seq.
§ 12.84.450 PROVISION FOR RESIDENTIAL
PROPERTY.
(A) Should there be included in the district
property used for residential purposes, including in
said term single-family and multiple-unit residential
property, regardless of the zoning applicable thereto,
the same shall be exempt from the assessments levied
hereunder, so long as such property is lawfully used
for residential purposes, upon a finding by the Mayor
and CommonCity Council that:
(1) Such property is lawfully used for
residential purposes; and
(2) Such property has adequate off-street
parking for the residential uses involved.
(B) Each year, at the time of levying the
assessment as provided in this chapter, such findings
shall be reviewed, to the end that such exempt
property will no longer be exempt and will be
assessed:
(1) When the use is changed from the
exempt residential use; and/or
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Off-Street Public Parking 99
(2) When the property, although still
devoted to the same use, no longer has adequate
off-street parking.
(C) Should a particular parcel of real property
have another use, in addition to the residential use,
only the proportionate value thereof attributable to the residential use shall be exempt.
(Ord. 3589, passed 7-6-1976)
ARTICLE IV. PROCEDURAL ALTERNATIVE III
§ 12.84.460 GENERALLY.

Whenever the Mayor and CommonCity Council
deem it necessary to form an improvement district
within the city and to issue bonds which shall be
special obligations of and be issued on behalf of such
improvement district, for the acquisition, construction, improvement, completion, repair, management,
reconstruction, administration, maintenance,
operation, disposal or financing of any or all works,
improvements and facilities referred to in this chapter, they shall, by resolution, so declare the intention to
form an improvement district and to issue such bonds.
(Ord. 3589, passed 7-6-1976)
§ 12.84.470 CONTENTS OF RESOLUTION -
INTENTION TO FORM DISTRICT.

The resolution of intention shall state that the
Mayor and CommonCity Council intend to form an
improvement district of any portion of the city, which, in the opinion of the Mayor and CommonCity
Council, will be benefitted by the acquisition and
construction of certain improvements and to incur
bonded indebtedness by the issuance of bonds on
behalf of such improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.480 RESOLUTION - PURPOSE OF

DEBT - AMOUNT - PROPERTY TAXABLE TO
PAY DEBT.

The resolution of intention shall also state:
(A) The purposes for which the proposed bonds
are to be issued which may include any or all of the
purposes stated in this chapter;
(B) The estimated cost of the accomplishment of
such purposes and the amount of bonds to be issued
therefor, which may include incidental expenses,
including, without limitation, engineering, appraisal,
legal fees, bond counsel fees, financing consultant
fees, land and rights-of-way acquisition, reserve funds and expenses of financing the district and expenses of
all proceedings for the authorization, issuance and sale of the bonds or related thereto;
(C) That the bonds shall not be general
obligations of the city, nor shall the credit of the city or the property or revenue of any public utility owned
by the city be pledged for the payment thereof; and
that the bonds shall be special obligations of and be
issued on behalf of the improvement district; and
whether ad valorem assessments for the payment of
the interest on the bonds and the principal thereof shall be levied upon the taxable real property or upon land
only in the improvement district; and
(D) The maximum interest rate which the bonds
may bear, payable semi-annually, except that interest
for the first year may be payable at the end of that
year or at such time prior to the end of that year as
may be determined in the resolution providing for the
issuance of the bonds.
(Ord. 3589, passed 7-6-1976)
§ 12.84.490 DIVISION OF DISTRICT INTO
ZONES.

If, in the judgment of the Mayor and
CommonCity Council, varying benefits will be derived
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100 San Bernardino - Streets, Sidewalks and Public Places by the different parcels of real property lying within
the improvement district, the district may be divided
into zones according to benefits.
(A) Number. The district may be divided into as
many zones, up to the total number of parcels of real
property in the district as may be deemed necessary,
and each zone shall be composed of and include all the
real property within the district which will be
benefitted in like manner.
(B) Percentage.
(1) The Mayor and CommonCity Council
shall also determine the percentage of the sum to be
raised each year by the levy and collection of the
special assessment taxes in the district for the
payments on the principal and interest of the bonds,
which will be raised from the real property or land
only, as the case may be, in each zone.
(2) As an alternative, the Mayor and
CommonCity Council may determine the percentage
of assessed valuation of taxable real property or land
only, as the case may be, within each zone which shall
be used in computing the annual rate of ad valorem
assessment within the district and to which the annual
rate shall be applied.
(C) Resolution of intention. When the district is
divided into such zones, the resolution of intention
shall so state, giving the percentages to be raised from the real property or land only, as the case may be, in
each zone.
(D) Designation. Each zone shall be designated
by a different letter or number and shall be plainly
shown on the map of the improvement district filed in
the office of the City Clerk and referred to in the
resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so
that all persons interested may with accuracy ascertain within which zone any parcel of property is located.
(E) Plat. It shall be sufficient in all cases where
the improvement district is to be divided into such
zones according to benefits if the resolution of
intention states that fact and refers to the map for the boundaries and all details concerning the zones.
(F) Changes in boundaries at hearing. At the
hearing, the Mayor and CommonCity Council may
eliminate, create or alter the boundaries of proposed
zones in the manner provided for the alteration of the
boundaries of the proposed district.
(G) Subsequent changes in boundaries. If the
Mayor and CommonCity Council, from time to time,
determine that the public interest will be served
thereby, they may, from time to time, add property to
a zone or transfer property from a zone of lesser
benefit to a zone of greater benefit, in the manner
provided for enlarging the improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.500 RESOLUTION - DESCRIPTION

OF IMPROVEMENT MAP OF DISTRICT -
AVAILABILITY FOR INSPECTION.

The resolution of intention shall also state that
such resolution, together with a general description of the proposed improvement and a map showing the
exterior boundaries of the proposed improvement
district with relation to the territory immediately
contiguous thereto and to the proposed improvement,
is on file with the City Clerk and is available for
inspection by any person or persons interested. This
map shall govern for all details as to the extent of the proposed improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.510 RESOLUTION - TIME AND

PLACE OF HEARING - WHO MAY BE
HEARD.

The resolution of intention shall also state:
(A) The time and place for a hearing by the
Mayor and CommonCity Council on the questions of
the formation and extent of the proposed improvement
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Off-Street Public Parking 101
district, the proposed improvement, the estimated cost
and the amount of bonds to be issued; and
(B) That at the time and place specified in the
resolution any person interested will be heard; and that any holder of title to taxable real property or land
only, as the case may be, within the proposed
improvement district may file with the City Clerk at
any time prior to the time set for the hearing thereon
written protest to the formation of the proposed
improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.520 NOTICE OF HEARING -
PUBLICATION - POSTING - MAILING.

Notice of the hearing shall be given by publishing
a copy of the resolution of intention once at least ten days prior to the time fixed for the hearing in a
newspaper of general circulation published in the city.

Such notice shall also be given by posting a copy of
the resolution of intention in three public places within the proposed improvement district at least 15 days
before the time fixed for the hearing. Such notice shall also be given by mailing a copy of the resolution of
intention at least 15 days before the time fixed for the hearing to each holder of title to taxable real property within the proposed improvement district as such
ownership is shown on the last equalized county
assessment roll. The City Clerk shall cause all the
above notices to be given.
(Ord. 3589, passed 7-6-1976)
§ 12.84.530 HEARING - TIME AND PLACE -
WHO MAY APPEAR - CONTINUANCE.

At the time and place fixed in the resolution of
intention, the Mayor and CommonCity Council shall
proceed with the hearing. At the hearing, any person
interested may appear and present any matters material
to the questions set forth in the resolution of intention.

The Mayor and CommonCity Council shall hear and
pass upon all written protests filed by the holders of
title to taxable real property or land, as the case may be, within the proposed improvement district. Such
protests must be in writing, must contain a description of the property in which each signer thereof is
interested, sufficient to identify the same and, if the signers are not shown on the last equalized assessment
roll as the owners of such property, must contain or be accompanied by written evidence that such signers are
the owners of such property. The hearing may be
continued, from time to time, by the Mayor and
CommonCity Council.
(Ord. 3589, passed 7-6-1976)
§ 12.84.540 CHANGE IN PURPOSE OF BOND
AND AMOUNT.

The Mayor and CommonCity Council may
change the purposes for which the proposed bonds are
to be issued, the estimated cost or the amount of the
bonds. The Mayor and CommonCity Council may also
change the boundaries of the proposed improvement
district, but not so as to include any territory which
will not, in their judgment, be benefitted by the
proposed improvement.
(Ord. 3589, passed 7-6-1976)
§ 12.84.550 NOTICE OF INTENTION TO

MAKE CHANGE - PUBLICATION - POSTING
- CONTENTS.

The purposes, estimated cost or amount of bonds
to be issued or the boundaries of the proposed
improvement district shall not be changed by the
Mayor and CommonCity Council, except after
adoption by the Mayor and CommonCity Council of a
resolution declaring their intention to order changes
and fixing a time and place for a hearing on the
changes. The resolution shall be published, posted and
mailed in the same manner as set forth in § 12.84.480
for the original resolution of intention. The resolution shall state the purposes, estimated cost and debt as
originally proposed, and as changed if such is the case, and that the exterior boundaries as originally proposed, and as changed, if such is the case, are set forth on
maps on file with the City Clerk and that the map
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102 San Bernardino - Streets, Sidewalks and Public Places showing the boundaries as changed shall govern for all
details as to the extent of the proposed improvement
district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.560 HEARING ON CHANGE - WHO
MAY APPEAR - CONTINUANCE.

At the time and place fixed in the resolution of
intention to make changes, the Mayor and
CommonCity Council shall proceed with the hearing.

At the hearing, any person interested may appear and
present any matters material to the matters contained
in the resolution. Written protests to the proposed
changes may be filed with the City Clerk by the holder
of title to taxable real property or land, as the case
may be, within the proposed improvement district at
any time up to the hour set for hearing on the proposed changes in the same manner as set forth in §

12.84.480 for the original resolution of intention. The hearing may be continued, from time to time, by the
Mayor and CommonCity Council.
(Ord. 3589, passed 7-6-1976)
§ 12.84.570 PROTESTS BY HOLDERS OF

TITLE TO ONE-HALF OF VALUE OF

TAXABLE PROPERTY - RESOLUTION OF
NECESSITY TO INCUR DEBT - CONTENTS.
(A) If written protests are filed by the holders of
title to one-half or more of the value of the taxable real property or taxable land, as the case may be, within
the proposed improvement district, as shown by the
last equalized assessment roll of the county, prior to
the hearing on the resolution of intention or prior to
the hearing on any proposed changes with respect
thereto, and, if there remain on file protests
representing one-half or more of the value of such
taxable real property or taxable land, as the case may
be, at the time the Mayor and CommonCity Council
have concluded the hearing on the resolution of
intention and any hearing on proposed changes with
respect thereto, further proceedings shall not be taken, and the Mayor and CommonCity Council shall declare
the proceedings abandoned unless the protests are
overruled by an affirmative vote of four-fifths of the
members of the CommonCity Council. If such protests
do not remain on file at the conclusion of the hearing
or hearings or if they are overruled by a four-fifths
vote of the members of the CommonCity Council, the
Mayor and CommonCity Council shall, by resolution,
determine whether or not it is deemed necessary to
form the improvement district and issue bonds which
shall be special obligations of and be issued on behalf of the improvement district.
(B) If the Mayor and CommonCity Council
determine that it is necessary to form the improvement
district and issue bonds, the resolution shall also state, in accordance with the prior proceedings:
(1) The purposes for which the proposed
bonds are to be issued;
(2) The estimated cost of the
accomplishment of such purposes and the amount of
the proposed bonds;
(3) That the exterior boundaries of the
portion of the city which will be benefitted by the
accomplishment of the purpose are set forth on a map
on file with the City Clerk, which map shall govern
for all details as to the extent of the improvement
district; and
(4) That such portion of the city set forth on
the map shall thereupon constitute and be known by
the name designated in the resolution.
(Ord. 3589, passed 7-6-1976)
§ 12.84.580 DISAPPROVAL OF FORMATION

RESOLUTION FOR DETERMINATION OF NO
BENEFIT.

If the Mayor and CommonCity Council find and
determine that the area proposed to constitute the
improvement district will not be benefitted thereby,
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Off-Street Public Parking 103
the Mayor and CommonCity Council shall, by
resolution, disapprove the formation.
(Ord. 3589, passed 7-6-1976)
§ 12.84.590 EFFECTIVE DATE OF

IMPROVEMENT DISTRICT - EFFECT OF
DETERMINATIONS IN RESOLUTION.

From and after the date the Mayor and
CommonCity Council adopt the resolution forming the
improvement district, the area named therein shall
constitute the improvement district within the city
bearing the name set forth in the resolution. The
determinations made in the resolution forming the
improvement district shall be final and conclusive.

Any action or proceeding to attack, review, set aside,
avoid the resolution or any of the proceedings, acts or determinations theretofore taken, done or made
pursuant to this chapter shall not be maintained by any person unless such action or proceeding is commenced
within 30 days of the adoption of such resolution.

Thereafter, all persons are barred from such action or
proceeding or any defense of invalidity of such
resolution or of such proceedings, acts or
determinations.
(Ord. 3589, passed 7-6-1976)
§ 12.84.600 EFFECT OF FORMATION ON
BOND PROCEEDINGS AND TAX LEVY.

After the formation of the improvement district
pursuant to this chapter, the Mayor and CommonCity
Council may, by resolution, at such time or times as
they deem proper, issue bonds on behalf of the
improvement district, and thereafter all proceedings
shall be limited and shall apply only to the
improvement district, and assessments for the payment
of the bonds and the interest thereon shall be levied
upon the real property or land only, as determined in
the resolution of intention, in the improvement district. (Ord. 3589, passed 7-6-1976)
§ 12.84.610 ISSUANCE OF BONDS BY
RESOLUTION.

The Mayor and CommonCity Council may, by
resolution, at such time or times as they deem proper,
issue bonds which shall be special obligations of and
be issued on behalf of the improvement district for the whole or any part of the total amount authorized, and
may, from time to time, provide for the issuance of
such amounts as the necessity thereof may appear until
the full amount of such bonds authorized has been
issued.
(Ord. 3589, passed 7-6-1976)
§ 12.84.620 SERIES OF BONDS - DIFFERENT

MATURITY DATES - MAXIMUM TERM OF
SERIES.

The full amount of the authorized bonds may be
divided into two or more series and different dates
fixed for the bonds of each series. The maximum term
which the bonds of any series shall run before maturity shall not exceed 40 years from the date of the series.
(Ord. 3589, passed 7-6-1976)
§ 12.84.630 FORM OF BONDS AND COUPONS
- TIME OF PRINCIPAL PAYMENTS.

The bonds shall bear interest at a rate or rates not
to exceed the rate specified in the resolution of
intention, payable semi-annually, except that interest
for the first year may be payable at the end of that
year or at such time prior to the end of that year as
may be determined in the resolution providing for the
issuance of the bonds.

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104 San Bernardino - Streets, Sidewalks and Public Places (Ord. 3589, passed 7-6-1976)
§ 12.84.650 CALL AND REDEMPTION
BEFORE MATURITY - PROVISION IN BOND.

The Mayor and CommonCity Council may
provide for the call and redemption of bonds prior to
maturity at such times and prices and upon such other
terms as they may specify. A bond shall not be subject
to call or redemption prior to maturity unless it
contains a recital to that effect.
(Ord. 3589, passed 7-6-1976)
§ 12.84.660 DENOMINATION.

The denomination of the bonds shall be stated in
the resolution providing for their issuance.
(Ord. 3589, passed 7-6-1976)
§ 12.84.670 PLACE OF PAYMENT.

The principal and interest on the bonds shall be
payable in lawful money of the United States at the
office of the City Treasurer, or such other place or
places as may be designated, or at either place or
places at the option of the holder of the bond.
(Ord. 3589, passed 7-6-1976)
§ 12.84.680 FORM OF BONDS - DATE -

NUMBER - SIGNING AND

COUNTERSIGNING - SEAL - MECHANICAL
REPRODUCTION OF SIGNATURES.

The bonds shall be dated, numbered
consecutively, signed by the Mayor and City
Treasurer, countersigned by the City Clerk, and the
official seal of the city impressed, imprinted or
reproduced thereon. The interest coupons of the bonds
shall be signed by the Treasurer. All such signatures
and counter-signatures may be printed, lithographed,
or mechanically reproduced, except that one of the
signatures or counter signatures to the bonds shall be
manually affixed. Neither the Mayor, nor any
members of the CommonCity Council, nor any other
officer of the city executing the bonds, are liable
personally thereon by reason of their issuance.
(Ord. 3589, passed 7-6-1976)
§ 12.84.690 BONDS OF IMPROVEMENT

DISTRICTS - STATEMENT OF LIMITATION
ON LEVY.

The bonds shall be special obligations of and be
issued on behalf of the improvement district, and shall be designated in accordance with the prior
proceedings. Each bond shall state, in substance, that
the bond is not a general obligation of the city, nor is the credit of the city or the property or revenue of any public utility owned by the city pledged for its
payment; and that the bond is a special obligation of
and is issued on behalf of the improvement district;
and that ad valorem assessments levied for the
payment of the interest thereon and principal thereof
shall be levied upon the taxable real property or land
only, as the case may be, in the improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.700 PAYMENT OF PROCEEDS INTO

CITY TREASURY - SPECIAL IMPROVEMENT

FUNDS - EXPENDITURE FOR PURPOSE OF

DEBT - APPLICATION OF SURPLUS ON
ACCOMPLISHMENT OF PURPOSE.

The proceeds from the sale of bonds, except for
premium and accrued interest, if any, shall be paid
into the City Treasury, placed to the credit of a Special Improvement Fund, Debt Service Fund and any
Reserve Fund; all as provided in the resolution
providing for the issuance of the bonds and expended
only in connection with the purpose for which the
indebtedness was created. When such purpose has
been accomplished, any monies remaining in the
Special Improvement Fund may be transferred to the
Debt Service Fund to be used for the payment of
principal of and interest on the bonds or to any
Reserve Fund established therefor. Premium and
accrued interest, if any, shall be paid into the Treasury and placed to the credit of the fund to be used for the payment of the principal of and interest on the bonds.
(Ord. 3589, passed 7-6-1976)
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Off-Street Public Parking 105
§ 12.84.710 INTEREST PAID FROM BOND
PROCEEDS - MAXIMUM LIMITATION.

Interest on the bonds coming due before the
proceeds of a tax levied at the next general tax levy
after the sale of the bonds are available, and/or interest on any bonds coming due before the expiration of one
year following completion of the acquisition and
construction of the works and improvements for which
the bonds were issued, may be paid from the proceeds
of the sale of the bonds as may be provided in the
resolution providing for the issuance of the bonds.
(Ord. 3589, passed 7-6-1976)
§ 12.84.720 BONDS - PAYMENT OF
PRINCIPAL AND INTEREST.
(A) At the time of making the general tax levy
after the issuance of the bonds, as may be provided in
the resolution providing for the issuance of the bonds, and annually thereafter until the bonds are paid or until there is a sum in the Treasury set apart for that
purpose sufficient to meet all payments of principal
and interest on the bonds as they become due, the
Mayor and CommonCity Council shall cause an
assessment to be levied upon all real property or land
only, as the case may be, in the improvement district
sufficient to pay the interest on the bonds and such
part of the principal as will become due before the
proceeds of such an assessment levied at the next
general tax levy will be available and to provide a
contingency reserve for delinquencies. Such
assessment shall be levied and collected at the same
time as other city taxes, and shall be used only for the payment of interest on and principal of the bonds.

Assessments for the payment of such bonds shall
constitute a lien on all of the taxable real property
within the improvement district. Such liens shall be of the same force and effect as other liens for city taxes and their collection may be enforced by the same
means as provided for the enforcement of liens for city taxes.
(B) Nothing in this article shall be deemed to
prevent the Mayor and CommonCity Council from
using any lawfully available funds of the city,
including, without limitation, those which are
attributable to the improvement district, for payment
of such principal and interest, and to the extent that
such funds are in the treasury set apart for that
purpose, the assessment required by this article need
not be levied. For purposes of this article, the phrase “funds of the City which are attributable to the district includes without limitation, grants from other
governmental agencies to the City on” behalf of the
improvement district or venues raised by operation of
the facilities constructed under this chapter within the improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.730 ANNUAL ASSESSMENTS.

The annual assessment provided for in this article
shall be computed on the basis of the formula set forth in the resolution of intention to form the district as
originally adopted or as modified by subsequent
change and modification or other proceedings
conducted pursuant to this chapter or any other law,
and shall be, without limitation, upon the rate or
period thereof. If the assessed value of any parcel of
property does not appear on the tax roll, an estimated
assessed value of such parcel shall be made by the
Director of Development Services in consultation with
the County Assessor, and such estimate shall for
purposes of such ad valorem assessment be considered
the assessed value of such parcel.
(A) Supplemental advances and levies. The
provisions of the Cal. Streets and Highways Code,
§§ 8800 to 8809, inclusive, shall apply to assessments
levied hereunder.
(B) Additional collection provision. The
provisions of the Cal. Streets and Highways Code,
§§ 8680 to 8688, inclusive, and §§ 8830 to 88358837,
inclusive, of the state shall apply to assessments levied hereunder.
(C) Charges. Should the Mayor and
CommonCity Council determine to prescribe, revise
and collect fees, tolls, rates, rentals and other charges (other than special assessments), including, but not
necessarily limited to, service charges and standby or
maximum charges for services or facilities furnished
by the district, charges for the availability of the
facilities of the district regardless of whether the
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106 San Bernardino - Streets, Sidewalks and Public Places facilities are used or not, the same shall be done by
resolution. Such charges shall be payable on a uniform
and equitable basis by the owner of the property to
which the facilities of the district are available,
including the owners of publicly owned property. Any
delinquent charges and all penalties thereon when
recorded as hereinafter provided shall constitute a lien on the real property to which the facilities of the
district are available (except that no such lien shall be created against any publicly owned property), and such
lien shall continue until the charge and all penalties
thereon are fully paid or the property sold therefor. All remedies provided for collection of due and unpaid
charges which are provided in the California Revenue
Bond Law of 1941 (commencing with Cal. Gov’t
Code, § 54300) may be exercised to enforce payment
of such charges shall not be adopted until the Mayor
and CommonCity Council have given notice of and
held a hearing thereon substantially as provided in the Cal. Gov’t Code, § 54354.5, being part of the
Revenue Bond Law of 1941.
(Ord. 3589, passed 7-6-1976; Ord. 3603, passed
9-20-1976; Ord. MC-1027, passed 9-9-1998)
§ 12.84.740 EXEMPTION OF RESIDENTIAL
PROPERTY.
(A) Should there be included in the district
property used for residential purposes, including in
said term single-family and multiple-unit residential
property, regardless of the zoning applicable thereto,
the same shall be exempt from the assessments levied
hereunder, so long as such property is lawfully used
for residential purposes, upon a finding by the Mayor
and CommonCity Council that:
(1) Such property is lawfully used for
residential purposes; and
(2) Such property has adequate off-street
parking for the residential uses involved.
(B) Each year, at the time of levying the
assessment as provided in this chapter, such findings
shall be reviewed, to the end that such exempt
property will no longer be exempt and will be
assessed:
(1) When the use is changed from its
exempt residential use; and/or
(2) When the property although still
devoted to the same use no longer has adequate
off-street parking.
(C) Should a particular parcel of real property
have another use, in addition to the residential use,
only the proportionate value thereof attributable to the residential use shall be exempt.
(Ord. 3589, passed 7-6-1976)
ARTICLE V. PROCEDURAL ALTERNATIVE IV
§ 12.84.750 GENERALLY.

Whenever the Mayor and CommonCity Council
deem it necessary to form a parking authority
(hereinafter referred to as “authority”) to operate
within the city, the Mayor and CommonCity Council
shall, by resolution, declare that there is a need for the authority to function in the city, and the authority shall have the powers, jurisdiction and authority all so now
or hereafter provided in the Parking Law of 1949
(hereinafter referred to as the “1949 Act”) except as
herein otherwise provided.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking Law of 1949, see Cal. Streets and
Highways Code, Part 2 (commencing
with § 32500)
§ 12.84.760 ISSUANCE OF BONDS.

The Mayor and CommonCity Council may
authorize the authority to issue revenue bonds without
first submitting the question of whether the city or the Packet Page 1181
Off-Street Public Parking 107
authority, or both, shall be authorized to adopt the
revenue bond method of financing projects provided
for in this section to the electors of the city. The
Mayor and CommonCity Council shall make such
authorization by ordinance. The ordinance shall
describe, in general terms, the improvements or
acquisitions to be funded by the revenue bonds and the
maximum amount of the bonds proposed to be issued.

Each such ordinance shall state that it is subject to the provisions for referendum applicable to the city.
(Ord. 3589, passed 7-6-1976)
§ 12.84.770 REMEDIES FOR COLLECTION.

All remedies provided for collection of due and
unpaid charges which are provided in the California
Revenue Bond Law of 1941 may be exercised to
enforce payment of any charges levied under this
section. A resolution prescribing or revising such
charges shall not be adopted until the Mayor and
CommonCity Council or the commission has given
notice of and held a hearing thereon substantially as
provided in the Cal. Gov’t Code, § 54354.5, being
part of the Revenue Bond Law of 1941.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Revenue Bond Law of 1941, see Cal. Gov’t
Code, §§ 54300 et seq.

ARTICLE VI. PROCEDURAL ALTERNATIVE V
§ 12.84.780 GENERALLY.

Whenever the Mayor and CommonCity Council
deem it necessary, in order to provide public off-street parking places or to otherwise perform the acts set
forth in § 12.84.020, the Mayor and CommonCity
Council shall have and may exercise all of the powers,
jurisdiction and authority all as now or hereafter
provided for in the Revenue Bond Law of 1941,
except as herein otherwise provided.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Revenue Bond Law of 1941, see Cal. Gov’t
Code, §§ 54300 et seq.
§ 12.84.790 ISSUANCE OF BONDS.

The Mayor and CommonCity Council may
authorize the issuance of revenue bonds without first
submitting to its qualified voters, at an election held for that purpose, the proposition of issuing bonds
pursuant to the Revenue Bond Law of 1941. The
Mayor and CommonCity Council shall make such
authorization by ordinance. The ordinance shall
describe, in general terms, the improvements or
acquisitions to be funded by the revenue bonds and the
maximum amount of the bonds proposed to be issued.

Each such ordinance shall state that it is subject to the provisions for referendum applicable to the city.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Revenue Bond Law of 1941, see Cal. Gov’t
Code, §§ 54300 et seq.

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108 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1183
CHAPTER 12.88: HANG GLIDING
Section

12.88.010 Definition - activity restricted
except in certain places

12.88.020 Violation - penalty
§ 12.88.010 DEFINITION - ACTIVITY
RESTRICTED EXCEPT IN CERTAIN PLACES.
(A) It is unlawful for any person to engage in the
activity of hang gliding in or over any place within the city limits except in those places recommended by the
Director of Parks, Recreation and Community
Services and approved by the Mayor and CommonCity
Council.
(B) As used in this chapter, HANG GLIDING
means any activity whereby any person or persons
glide, float or sail through the air in or on a hang
glider. A HANG GLIDER means a glider, kite, hot
air balloon, device or contrivance so constructed that
it will carry a person on wind, air or human power.
(Ord. 3704, passed 2-9-1978; Ord. MC-460, passed
5-15-1985)
§ 12.88.020 VIOLATION - PENALTY.

Any person, firm or corporation violating or
causing the violation of any provision of this chapter
is guilty of an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 3704, passed 2-9-1978; Ord. MC-460, passed
5-15-1985)
109
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110 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1185
CHAPTER 12.90: ESTABLISHMENT, FINANCING AND OPERATION OF

ASSESSMENT DISTRICTS
Section

12.90.010 General statement

12.90.015 Landscape maintenance
assessment district regulations

12.90.020 Provisions not exclusive

12.90.030 Definitions

12.90.040 Investigation and resolution

12.90.050 Zones

12.90.060 Changes in boundaries at hearing

12.90.070 Final determination of necessity
and ordering work

12.90.080 Assessment financing alternatives

12.90.090 Assessment according to benefit

12.90.100 Engineer’s report

12.90.110 General provisions

12.90.120 Payment of construction
assessment - discharge of lien

12.90.130 Changes

12.90.140 Violation - penalty
§ 12.90.010 GENERAL STATEMENT.
(A) The Mayor and CommonCity Council find
that, in order to provide an orderly procedure for the
acquisition, construction, improvement, completion,
repair, management, reconstruction, administration,
maintenance, operation and disposition of public
property, public places and public improvements; for
the collecting of assessments to pay the cost thereof;
for the making of contributions therefor; and for the
making of covenants and agreements with the
bondholders, if any, to secure payment of such bonds,
if any, it is necessary that the city exercise the powers it has by virtue of being a home rule city and to
provide such a procedure. The procedure provided for
herein is to be an alternative to any others provided
by, under or pursuant to the Charter, ordinances and
code provisions of the city or the general laws of the
state.
(B) In addition to matters specified elsewhere in
this chapter, the city is authorized to utilize assessment financing alternatives, including, without limitation,
the following:
(1) Acquire, by condemnation, purchase,
gift, lease or any other means, property necessary or
convenient for the improvement, including any
property necessary or convenient for the opening,
widening, straightening or extending of streets or
alleys necessary or convenient for the improvement;
(2) Improve any public places or public
property within the district by the construction thereon of any improvements necessary or convenient for the
purpose of the district;
(3) Administer, maintain, operate or repair
the improvement or provide therefor;
(4) Collect fees or charges to pay all or any
part of the cost of improving, repairing, maintaining
or operating the improvement and of acquiring and
improving additional properties necessary to the
improvement;
(5) Levy taxes and/or assessments to pay all
or any part of the cost of improving, repairing,
maintaining or operating the improvement and of
acquiring and improving additional properties
necessary to the improvement;
(6) Employ engineers, attorneys, financial
consultants and other persons necessary or convenient
for the doing of any act authorized by this chapter; and (7) Do all acts and things necessary or
convenient for the accomplishment of the purposes of
this chapter.
111
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112 San Bernardino - Streets, Sidewalks and Public Places (Ord. MC-150, passed 4-7-1982)
§ 12.90.015 LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT REGULATIONS.

Within the limits of any City Landscape
Maintenance Assessment District (hereinafter
“Assessment District”) or upon any public
improvement, facility or building located therein and
owned or controlled by the city, it is unlawful for any person to:
(A) Play or practice golf or use golf clubs in any
area not designated for such use;
(B) Operate any motor driven model airplane
except in areas designated for such use;
(C) Operate or park any motor vehicle as defined
in the California Vehicle Code within any Assessment
District except upon areas designated for such use;
(D) Operate, drive or ride upon any bicycle,
unicycle, tricycle, horse or any other animal in any
Assessment District except in areas designated and
posted specifically for such use;
(E) Leave any garbage, trash, cans, bottles,
papers or other refuse elsewhere than in the receptacle provided therefor;
(F) Discharge or shoot any firearm, air gun,
slingshot or bow and arrow except at places designated
and posted specifically for such purposes;
(G) Dig, remove, destroy, injure, mutilate or cut
any tree, plant, shrub, bloom or flower, or any portion thereof except a duly authorized city employee in the
performance of his or her duty;
(H) Remove any wood, turf, grass, soil, rock,
sand, gravel or landscape sprinkler system or any part
thereof from any Assessment District except a duly
authorized city employee in the performance of his or
her duty;
(I) Cut, break, deface or disturb any rock,
building, cage, pen, monument, sign, fence, structure,
apparatus, equipment or property, or landscape
sprinkler system or any part thereof except a duly
authorized city employee in the performance of his or
her duty;
(J) Light or maintain any fire unless such fire is
lighted and maintained only in a stove or fire circle or place provided for such purpose;
(K) Throw rocks or waste matter in unauthorized
places;
(L) Camp, lodge or tarry overnight unless there
are set aside certain places for this purpose; the
provisions of § 12.68.020 prohibiting any person to be
or remain in any public park between the hours of
10:00 p.m. of any day to 6:00 a.m. of the next
succeeding day is adopted herein by reference and
made applicable to Assessment Districts; or
(M) Indulge in riotous, boisterous or indecent
conduct; and no noisy, disorderly or offensive person
shall be allowed within any Assessment District; the
provisions of Chapter 9.32 prohibiting any person
from drinking alcoholic beverages in a public place is
adopted herein by reference.
(Ord. MC-981, passed 9-18-1986)
§ 12.90.020 PROVISIONS NOT EXCLUSIVE.

The provisions of this chapter are not exclusive.

The Mayor and CommonCity Council shall have the
power to provide other procedures or to follow district procedures now or hereafter provided by general law;
provided, however, that whenever the city is acting
pursuant to this chapter, the provisions of this chapter shall be controlling to the extent that they are in
conflict with any of the provisions of said laws.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.030 DEFINITIONS.

Unless the particular provision or the context
otherwise requires, the definitions as contained in the Cal. Streets and Highways Code, §§ 5003 through
5024, inclusive, and § 22531 shall apply.
(Ord. MC-150, passed 4-7-1982)
Packet Page 1187
Establishment, Financing and Operation of Assessment Districts 113 § 12.90.040 INVESTIGATION AND
RESOLUTION.
(A) Findings required before ordering. Before
ordering any acquisitions or improvements or both, or
the creation of any district pursuant hereto, where the costs of said acquisitions or improvements,
construction, completion, repair, management,
reconstruction, administration, maintenance and/or
operation are to be paid in whole or in part by special assessment or other special assessment taxes upon
property, the Mayor and CommonCity Council shall
find that the public convenience and necessity require
such acquisitions, improvements, construction,
completion, repair, management, reconstruction,
administration, maintenance and/or operation in the
manner provided in § 19, Article XVI of the
California Constitution.
(B) Preliminary determination of necessity and
intention to proceed. A resolution of preliminary
determination of necessity and intention to proceed
(hereinafter referred to as resolution of intention) shall be adopted describing in general terms, the following:
(1) The intention to proceed under this
chapter;
(2) The proposed improvements,
acquisition, construction, completion, repair,
management, reconstruction, administration,
maintenance and/or operation involved;
(3) The assessment financing alternative to
be followed;
(4) The assessment benefit procedure to be
followed;
(5) The estimated costs of such
improvements, acquisition, construction, completion,
repair, management, reconstruction, administration,
maintenance or operation;
(6) The amount, based upon the estimated
costs, to be assessed against each particular parcel.

This requirement may be satisfied by referencing the
engineer’s report;
(7) The maximum number of years such
assessment shall be levied;
(8) The maximum amount of bonds, if any,
to be issued to finance the proposed improvements or
acquisitions;
(9) Whether any ongoing management,
administration, maintenance or operation of the
improvement will be required;
(10) That such resolution, together with a
general description of the proposed improvement and
a map showing the exterior boundaries of the proposed
improvement district with relation to the territory
immediately contiguous thereto and to the proposed
improvement, is on file with the City Clerk and is
available for inspection by any person or persons
interested. This map shall govern for all details as to the extent of the proposed improvement district;
(11) The resolution shall also state the time
and place for a hearing by the Mayor and
CommonCity Council when and where any and all
persons interested may appear and show cause, if any,
why the Mayor and CommonCity Council should not
find and determine that the public convenience and
necessity require the formation of the proposed
improvement district and the proposed acquisitions or
improvements without compliance with the Special
Assessment Investigation, Limitation and Majority
Protest Act of 1931 (hereinafter referred to as the
“Act”); on the question of the estimated cost; the
amount of bonds to be issued, if any; and the intention of the Mayor and CommonCity Council to proceed;
and
(12) The resolution shall also state that at the
time and place specified in the resolution that any
person interested will be heard; and, for the purpose of determining a majority protest, any holder of title to
taxable real property within the proposed improvement
district, acting individually or as part of a group, may file a protest. Any such protest must be filed in writing with the City Clerk, and shall include a description of the property in which the signer thereof is interested
sufficient to identify the same. If the signers are not shown on the last equalized assessment roll as the
owners of such property, such protest must be
Packet Page 1188
114 San Bernardino - Streets, Sidewalks and Public Places accompanied by written evidence that such signers are
the owners of such property.
(C) Notice of hearing. Notice of hearing as set
forth in the resolution shall be given as follows:
(1) By publishing a copy of the resolution
of intention once at least 15 days prior to the time
fixed for the hearing in a newspaper of general
circulation published in the city;
(2) By posting a notice of the adoption of
the resolution of intention on all open streets within
the district at not more than 300 foot intervals, but not less than three in all, on each street so posted, at least 15 days before the time fixed for the hearing. No
proceeding shall be held invalid for failure to post any street if this section has been substantially complied
with. If the boundaries of the proposed assessment
district include more than one-half square mile in area, posting requirements shall be satisfied by the City
Clerk posting such notice conspicuously on or near the
main door of the Council Chambers at least five days
prior to the time fixed for the hearing. For such
districts, no street posting shall be required;
(3) By mailing a notice of the adoption of
said resolution of intention at least 15 days before the time fixed for the hearing to each holder of title to
taxable real property within the proposed improvement
district as such ownership is shown on the last
equalized county assessment roll. The notices posted
and mailed shall conform to the Cal. Streets and
Highways Code, §§ 5193 and 5195, respectively. The
City Clerk shall cause all the above notices to be
given;
(4) At least 15 days before the time fixed
for the hearing, the engineer shall record an
Assessment District Boundary Map with the County
Recorder, said map to conform to the requirements of
Cal. Streets and Highways Code, § 3110;
(5) The Mayor and CommonCity Council
may proceed without notice and hearing if, when
considering passage of the resolution of intention, it is determined by at least a four-fifths affirmative vote
thereof (as determined in division (D) below) that all
of the owners of lots or land liable to be assessed or
their bona fide agents, have signed and filled a petition requesting the formation of the district, indicate that they have no objections to the proposed work or work
and acquisition and agree as to the extent of the district to be assessed and waive notice and hearing; and
(6) If the Mayor and CommonCity Council
are proceeding pursuant to division (C)(5) above, the
map required to be recorded, pursuant to division
(C)(4) above, shall be recorded within five days after
adoption of the resolution of intention.
(D) Majority protest. The Mayor and
CommonCity Council shall set forth, in the resolution
of intention, the basis by which a determination shall
be made whether a majority protest exists; possible
bases may include, but shall not be limited to,
determination based on land area, assessed valuation
of real property, assessed valuation of land only or the number of property owners or any other suitable
determinant. At the time set for hearing protests, the
Mayor and CommonCity Council shall proceed to hear
and pass upon all protests so made and its decision
shall be final and conclusive. The Mayor and
CommonCity Council may adjourn the hearing, from
time to time. Any such protest may be withdrawn by
any owner making the same, either in writing at any
time prior to the conclusion of said protest hearing or any adjournment thereof, or orally on the record
during a hearing. If the Mayor and CommonCity
Council find that the written protests are made by
persons who represent more than 50% of the property
to be assessed for the improvements, as determined on
the basis of the determining factor announced in
advance, and protests are not withdrawn so as to
reduce the same to less than a majority, no further
proceedings shall be taken for a period of one year
from the date of the decision of the Mayor and
CommonCity Council on the hearing, unless the
protests are overruled by action of the Mayor and
CommonCity Council. Action to overrule a majority
protest shall require not less than a four-fifths
affirmative vote of the Council members present and
voting; for this purpose, five affirmative votes of six voting, or six affirmative votes of seven voting shall
be required.
(Ord. MC-150, passed 4-7-1982; Ord. MC-349,
passed 3-7-1984)
Statutory reference:

Packet Page 1189
Establishment, Financing and Operation of Assessment Districts 115 Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.90.050 ZONES.
(A) Generally. If, in the judgment of the Mayor
and CommonCity Council, varying benefits will be
derived by the different parcels of real property lying within the assessment district, the district may be
divided into zones according to benefits.
(B) Number. The district may be divided into as
many zones, up to the total number of parcels of real
property in the district, as may be deemed necessary,
and each zone shall be composed of and include all the
real property within the district which will be
benefitted in like manner.
(C) Resolution. When the district is to be divided
into such zones, the resolution of intention shall so
state.
(D) Designation. Each zone shall be designated
by a different letter or number and shall be plainly
shown on the map of the assessment district filed in
the office of the City Clerk and referred to in the
resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so
that all persons interested may with accuracy ascertain within which zone any parcel of property is located.
(E) Plat. It shall be sufficient, in all cases where
the improvement district is to be divided into such
zones according to benefits, if the resolution of
intention states that fact and refers to the map for the boundaries and all details concerning the zones.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.060 CHANGES IN BOUNDARIES AT
HEARING.
(A) Orders. Based on the evidence presented
during any hearing, the Mayor and CommonCity
Council may order changes in any of the matters
provided in the resolution of intention, including
changes in the improvements, the boundaries of the
proposed assessment district and any zones therein and
the proposed diagram map or the proposed assessment.

The Mayor and CommonCity Council may, without
further notice, order the exclusion of territory from the proposed district, but shall not order the inclusion of additional territory within the district except upon
written request by a property owner for the inclusion
of his or her property or upon the giving of mailed
notice of hearing to property owners upon the question
of the inclusion of their property in the district.
(B) Hearing. The hearing regarding majority
protest shall be conducted as announced in the
resolution of intention, and any protests shall be filed in the manner specified in § 12.90.040(B)(12).
(Ord. MC-150, passed 4-7-1982)
§ 12.90.070 FINAL DETERMINATION OF
NECESSITY AND ORDERING WORK.
(A) If no protests are made, or if any protests
shall have been heard and overruled, the Mayor and
CommonCity Council may adopt a resolution finding
and determining that the public convenience and
necessity require the proposed improvements and/or
acquisitions, management, administration,
maintenance and/or operation. Such resolution shall be
referred to as “resolution ordering work.” Such
resolution shall determine that the Act shall not apply, shall order the work, shall direct the City Clerk to
advertise for bids and shall specify that the contract
will be awarded pursuant to the standard procedures
used by the city in the award of public works
contracts.
(B) The resolution ordering work shall be
adopted by the affirmative vote of not less than
four-fifths of the members of the CommonCity
Council voting thereon, as in § 12.90.040, and any
findings and determination so adopted shall be final
and conclusive.
(C) (1) Whenever the total amount bid by the
lowest responsible bidder, plus the estimated amount
of incidental costs exceed, by more than 15%, the
engineer’s estimate of cost, as stated in the resolution of intention, the Mayor and CommonCity Council
shall be consulted before further action is taken. The
Packet Page 1190
116 San Bernardino - Streets, Sidewalks and Public Places Mayor and CommonCity Council may thereupon order
any one of the following:
(a) Re-advertise for proposals or bids
for the performance of the work as in the first
instance, without further proceedings;
(b) Terminate the proceedings; or
(c) 1. Notify the property owners
within the district by mail of such increase and seek
guidance from affected property owners.

2. Each affected property owner
will be asked to express a preference as to:
a. Accepting the bid as
submitted;
b. Rejecting the bid and
re-advertising; and
c. T e r m i n a t i n g t h e
proceedings.
(2) If the proceedings are taken pursuant to
division (C)(1)(c)1. above, existence of a majority
protest as earlier provided for will be determined; if
such majority protest is determined to exist, the Mayor and CommonCity Council shall utilize the procedures
of § 12.90.040(D) herein, and proceed in accordance
therewith.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.080 ASSESSMENT FINANCING
ALTERNATIVES.
(A) The Mayor and CommonCity Council shall
determine which of various financing alternatives shall be utilized.
(B) Alternatives available include the following.
(1) The improvement and/or acquisition
may be pre-funded by the city and the assessment
levied, collected and enforced in the same manner, at
the same time, and with the same penalties and
interest, as in the case of taxes levied for the city, to secure repayment to the city of said pre-funding.
(2) Bonds may be issued to finance the
improvement and/or acquisition and the assessment
may be levied, collected and enforced in the same
manner, at the same time and with the same penalties
and interest, as in the case of taxes levied for the city, to pay the premium and interest, if any, due on said
bonds. If this assessment financing alternative is used, the city may retain bond counsel to provide the details of the issuance and repayment of said bonds.
(3) Bonds may be issued before contracting
or obtaining options for the purchase of land, property or rights-of-way to be acquired, if any, or obtaining a judgment in eminent domain for the acquisition
thereof.
(4) The financing for maintenance, repair,
management, reconstruction, administration or
operation of the district, if any, shall be included in the assessment roll for the improvement and/or
acquisition, if any, and shall be the total cost for such maintenance, repair, management, reconstruction,
administration or operation as estimated by the
engineer for each fiscal year in which the assessment
is to be levied and collected.
(5) The provisions of the Cal. Streets and
Highways Code, §§ 8800 to 8809, inclusive, shall
apply to assessments levied hereunder.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.090 ASSESSMENT ACCORDING TO
BENEFIT.
(A) Assessment. After the adoption of the
resolution ordering work, the engineer shall proceed to estimate as to all lots and parcels of land within the
assessment district, as shown by the diagram map, the
benefits arising from such work, and to be received by
each such lot or parcel of land. He or she shall
thereupon prepare an assessment roll for submission to
the Mayor and CommonCity Council for confirmation,
by resolution, which assesses upon and against the
lands in the assessment district the total amount of the Packet Page 1191
Establishment, Financing and Operation of Assessment Districts 117 costs and expenses of such work and/or the cost of
management administration, maintenance or operation
of the improvement, if any, for the first year or for the term of the assessment. Such roll shall assess the total sum upon the several lots or parcels of land in the
assessment district benefitted thereby, in proportion to the estimated benefits to be received by each of the
several lots or parcels of land within the district or
within each zone included in the district, if any.
(B) Method of determining the assessment
benefit. The method of determining the assessment
benefit to be received by each of the said several lots or parcels of land within the district and/or zone shall be set forth in the resolution of intention, which may
include, but shall not be limited to, land area, assessed valuation of real property, assessed valuation of land
only or number of lots or parcels.
(C) Assessment computation. The annual
assessment provided for in this section shall be
computed on the basis of the formula set forth in the
resolution of intention originally adopted or as
modified by subsequent change and modification or
other proceedings conducted pursuant to this chapter
or any other law, and the limitations upon the rate or
period thereof provided in the Act (as defined in
§ 12.90.040(B)(11)) shall not apply. If the assessed
value of any parcel of property does not appear on the
tax roll, an estimated assessed value of such parcel
shall be made by the Director of Development
Services in consultation with the County Assessor, and
such estimate shall, for purposes of such ad valorem
assessment, be considered the assessed value of such
parcel.
(D) Subsequent year assessments. Except as
otherwise provided by the issuance of bonds, the cost
for the improvement and/or acquisition or
management, administration, maintenance or operation
of the improvement, if any, for any subsequent fiscal
year during which an assessment is to be levied and
collected within the assessment district pursuant to this chapter, shall be accomplished by preparing an
assessment roll for submission to the Mayor and
CommonCity Council for confirmation by resolution
for each fiscal year in which the assessment is to be
levied and collected, and shall constitute the levy of an assessment for the fiscal year referred to in the
assessment. When a bond issue funds the costs
involved, such assessments shall be levied and
collected as specified in the bond authorizing
resolution or ordinance.
(Ord. MC-150, passed 4-7-1982; Ord. MC-1027,
passed 9-9-1998)
§ 12.90.100 ENGINEER’S REPORT.
(A) Prior to or at the time of the adoption of the
resolution of intention, the engineer shall file a report with the City Clerk. When the report is filed with the
City Clerk, the City Clerk shall present it to the
Mayor and CommonCity Council for consideration.

The Mayor and CommonCity Council may modify it
in any respect. The report, as modified, shall stand as the report for the purpose of all subsequent
proceedings except that it may be confirmed, modified
or corrected as provided in this chapter.
(B) The report shall be made available to the
public for inspection and shall include, but shall not be limited to, the following:
(1) A description of the type of
improvement and/or acquisition;
(2) An estimate of the cost of the
improvement, including incidental costs, and/or the
cost of the acquisition, if any, and the annual costs of management, administration, maintenance or operation
of the improvement, if any;
(3) A plat map indicating thereon the
boundaries of the proposed assessment district; and
(4) A proposed assessment roll showing the
estimated individual assessments to be assessed against each parcel within the district for each year an
assessment is to be levied and collected within the
district.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.110 GENERAL PROVISIONS.

The following general provisions shall apply to all
proceedings taken hereunder.

Packet Page 1192
118 San Bernardino - Streets, Sidewalks and Public Places (A) City initiation. The city may prepare a
report, adopt a resolution of intention, form an
assessment district or take any other action to provide the improvement and/or acquisition, construction,
completion, repair, management, reconstruction,
administration, maintenance or operation, without any
petition therefor.
(B) Contributions. Notwithstanding any other
provision in this chapter, the Mayor and CommonCity
Council may provide for a contribution or
contributions by the city of part of the costs and
expenses of the work or may accept and provide for
contribution toward the cost and expenses of any work
done under this chapter, from any funds made
available for the purpose of the district by any local, state or national agency or authority, or from any
other person or entity, and it shall not be necessary to set forth or give notice of such contribution in the
resolution of intention or in any other proceedings
under this chapter. Such notice may be given in the
discretion of the Mayor and CommonCity Council.
(C) Lapse of time. It shall not be necessary for
any specified time to elapse between the performance
of acts except as otherwise required by this chapter.
(D) Resolution sufficient. The Mayor and
CommonCity Council may act, by resolution, where
an ordinance is specified by general law.
(E) Assessment upon public property. Whenever
proceedings are to be undertaken in accordance with
this chapter, the Mayor and CommonCity Council may
provide, in the resolution of intention, that any real
property belonging to any county, city, public agency,
school board, educational, penal or reform institution
or institution for the feebleminded or the insane shall be assessed in accordance with the provisions of the
Cal. Streets and Highways Code, §§ 5300 through
5325, inclusive.
(F) Termination upon determination of no
benefit. If the Mayor and CommonCity Council find
and determine that the area proposed to constitute the
assessment district will not be benefitted thereby, the Mayor and CommonCity Council shall terminate the
proceedings.
(G) Effective date; effect of determinations in
resolution; limitation on actions. From and after the
date the Mayor and CommonCity Council adopt the
resolution of intention, the area named therein shall
constitute the assessment district within the city
bearing the name set forth in the resolution. The
determinations made in the resolution forming the
assessment district shall be final and conclusive. No
action or proceeding to attack, review, set aside or
void the resolution, or any of the proceedings, acts or determinations theretofore taken, done or made
pursuant to this chapter, shall be maintained by any
person unless such action or proceeding is commenced
within 30 days after the adoption of such resolution.

Thereafter, all such actions or proceedings, and any
defense of invalidity of such resolution or of such
proceedings, acts or determinations, are forever
barred.
(H) Disposition of property. The Mayor and
CommonCity Council, subject to the provisions of the
City Charter, may determine that any parcel of
property acquired from the proceeds of the assessment
district or any improvements, extensions or
replacements thereof or additions thereto are no longer needed for the purpose of the assessment district or
such facilities may be otherwise better provided.

Subject to the provisions of the City Charter and
restrictions in the resolution providing for the issuance of any outstanding bonds, if any, relating to the
facilities involved, the property may thereafter be sold, leased or otherwise disposed of, either during or after the term of the assessment or bonds and the proceeds
placed in a fund as designated by the Mayor and
CommonCity Council and used for the benefit of the
assessment district.
(I) Assessment roll. Except as otherwise
provided by the issuance of bonds, the assessment roll
shall state the amount to be assessed upon each lot or
parcel of land within the district and shall refer to said lots or parcels of land by their respective County
Assessor’s parcel number as shown on the last
equalized county assessment roll, and shall refer to the fiscal year to which it applies, and shall, upon its
confirmation, be filed in the office of the Director of Development Services. When a bond issue funds the
costs involved, such assessment roll procedures as are
provided for in the bond-authorizing resolution or
Packet Page 1193
Establishment, Financing and Operation of Assessment Districts 119 ordinance shall prevail.
(J) Assessment diagram map.
(1) Prior to the confirmation of the
assessment roll by the Mayor and CommonCity
Council, the Engineer shall file with the City Clerk
and the Director of Development Services an
assessment diagram map. Upon the confirmation of the
assessment roll, the City Clerk shall record a notice of assessment, as provided in Cal. Streets and Highways
Code, § 3114. Whereupon the said assessment shall
attach as a lien upon the property assessed, as
provided in Cal. Streets and Highways Code, § 3115.

A copy of the notice of assessment so recorded shall
be published pursuant to the Cal. Gov’t Code, § 6066.

Notice of the recording of said assessment shall be
given pursuant to the provisions of Cal. Streets and
Highways Code, § 10404(a), (b) and (c) only.
(2) The diagram map shall show the
following:
(a) The exterior boundaries of the
assessment district;
(b) The boundaries of any zones within
the district; and
(c) The lines and dimensions of each
lot or parcel of land within the district and the relative location of the same to the work to be done. Each lot
or parcel shall be identified by a distinctive number or letter.

1. The lines and dimensions of
each lot or parcel of land shown on the diagram map
shall conform to those shown on the County’s
Assessor’s maps for the fiscal year in which the
diagram map is prepared. The diagram map may refer
to the County Assessor’s maps for a detailed
description of the lines and dimensions of any lots or
parcels, in which case, those maps shall govern for all details concerning the lines and dimensions of such
lots or parcels.

2. Any changes in the lines and
dimensions of any lot or parcel of land shown on the
diagram map so filed with the City Clerk due to any
lot splits or subdivisions which may occur in
subsequent years need not be changed on the diagram
map; however, such changes shall be reflected in the
assessment roll for each subsequent year.
(K) Dissolution of assessment district. Upon
completion of the term for the collection of
assessments within the district as set forth in the
resolution of intention, the confirmation and collection of the final assessment, or upon adoption of a
resolution dissolving the district, the district shall
automatically dissolve and shall no longer be binding
upon the property within the district.
(L) District not exclusive. The formation of an
assessment district pursuant to this chapter within any area of the city shall not be exclusive. The Mayor and
CommonCity Council shall have the authority to create
any number of districts within the same area, subject
to the provisions of this chapter.
(Ord. MC-150, passed 4-7-1982; Ord. MC-1027,
passed 9-9-1998)
§ 12.90.120 PAYMENT OF CONSTRUCTION
ASSESSMENT - DISCHARGE OF LIEN.

The owner of or any person interested in any lot
or parcel of land upon which an assessment for
construction has been levied under the terms of this
chapter may, at any time before commencement of
proceedings for sale, pay off the assessment and
discharge the land involved from the lien of the
assessment. The discharge may be had by paying to
the Treasurer the unpaid principal sum of the
assessment, with interest thereon (if any) up to the
next succeeding July 1. As used in this section,
UNPAID PRINCIPAL SUM means those installments
of principal that are due to be paid at future dates
through the term of the assessment. This provision
shall not apply to any maintenance assessment.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.130 CHANGES.

Any change of work, boundaries of assessment
district, amounts of assessments or proceedings taken
pursuant to this chapter after the hearing of protests on Packet Page 1194
120 San Bernardino - Streets, Sidewalks and Public Places the resolution of intention shall be conducted under the provisions of Cal. Streets and Highways Code,
§§ 10350 through 10358.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.140 VIOLATION - PENALTY.

Any person, firm or corporation violating or
causing the violation of any provision of § 12.90.015
is guilty of an infraction or a misdemeanor, which,
upon conviction thereof, is punishable in accordance
with the provisions of § 1.12.010.
(Ord. MC-981, passed 9-18-1996)
Packet Page 1195
CHAPTER 12.92: CONSTRUCTION AND MAINTENANCE OF SIDEWALKS,

CURBS AND DRIVEWAYS
Section

12.92.010 Scope and definitions

12.92.020 Adoption of state statutes by
reference

12.92.030 Duty to remove abandoned
driveways and reconstruct
appurtenant areas

12.92.035 Removal of curbs and gutters

12.92.040 Duty to maintain and repair
sidewalks and curbs

12.92.050 Duty to construct

12.92.060 Service and contents of notice

12.92.070 Hearing and assessment of costs

12.92.080 Reserved

12.92.090 Limitation of actions
§ 12.92.010 SCOPE AND DEFINITIONS.
(A) This chapter shall apply to the maintenance,
repair, construction, reconstruction or removal of
sidewalks, gutters, pavements, driveways and curbs;
the installation of storm and sanitary drainage
facilities, water mains, pipes, conduits, tunnels,
hydrants and other necessary works and appliances for
providing water service, parkway trees and street
lighting facilities in front of properties in any block where a sidewalk, gutter, pavement, driveway; the
installation of storm and sanitary sewer drainage
facilities, water mains, pipes, conduits, tunnels,
hydrants and other necessary works and appliances for
providing water service, parkway trees and street
lighting facilities, or curb, or all of them.
(B) This chapter shall apply to property fronting
on, or otherwise adjacent to, or in conjunction with,
any street, arterial or collector street section.
(C) This chapter shall apply to driveway
construction, reconstruction or removal and curb infill in front of a vacant lot, unimproved property or where
an existing driveway no longer serves any
development on a lot or property.
(D) For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

BLOCK. Property facing one side of any
street between the next intersecting streets or between the terminus of a dedicated right-of-way of a street and an intersecting street. Street does not include an alley or other right-of-way, unless it is of the same width as a regular residential minimum-width street, approved
as part of a master plan of circulation or streets by the city. In the case of an alley, BLOCK means property
facing both sides of any alley between the next
intersecting streets or alleys, or between the terminus of an alley and an intersecting street. In the case of
street lighting, BLOCK means property facing the side
of any street on which the improvement is to be
constructed between the next intersecting streets on the side to be improved or between the terminus of a
dedicated right-of-way of a street and a street
intersecting the side to be improved; or property
facing the side of any street on which the improvement
is to be constructed between the next intersecting
streets on the side to be improved or between the
terminus of a dedicated right-of-way of a street and a
street intersecting the side to be improved and the
property facing the opposite side of the street. Where
a BLOCK exceeds 1,000 feet in length, a length of
frontage of 1,000 feet constitutes a BLOCK as used in
this chapter, if so designated by the Director of
Development Services. A determination by the
Director of Development Services of such a 1,000-foot
BLOCK establishes a BLOCK and cannot later be
changed to include a portion of said 1,000-foot
BLOCK in another BLOCK.
121
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122 San Bernardino - Streets, Sidewalks and Public Places COST, CONSTRUCTION COST or variants
thereof. The actual cost of construction of the work
and any incidental or administrative expenses.

DRIVEWAY. A paved portion of a public
street providing an unobstructed passage from the
roadway to an off-street area used for driving,
servicing, parking or otherwise accommodating motor
vehicles.

FRONTING and FACING. Abutting in the
case of property adjoining an alley improvement. In
the case of street lighting, in determining how much of the front footage of a block has been improved, the
front footage of property benefitting from existing
installations may be included regardless of the side of the street on which the installation has been
constructed.

SIDEWALKS or CURBS. Includes gutters,
driveways, pavement to the center line of the street,
full pavement in alleys, storm and sanitary drainage
facilities, water mains, pipes, conduits, tunnels,
hydrants and other necessary works and appliances for
providing water service, paving to provide a parking
lane on arterial or collector street sections, parkway
trees and street lighting facilities.

SUPERINTENDENT OF STREETS. The
Director of Development Services of the City of San
Bernardino, or his or her designee.
(E) This chapter shall apply to the removal of
existing curbs and gutters, and construction of new
curbs and gutters and fill-in street paving, as required to match adjoining curb alignments, for parcels with a
frontage of less than 300 feet.
(Ord. MC-691, passed 12-19-1989; Ord. MC-796,
passed 7-2-1991; Ord. MC-1027, passed 9-9-1998)
§ 12.92.020 ADOPTION OF STATE STATUTES
BY REFERENCE.

The rules, regulations and procedures as set forth
in the Cal. Streets and Highways Code, Division 7,
Part 3, Chapters 22, 24 and 27 are adopted by
reference except as modified by this chapter.
(Ord. MC-691, passed 12-19-1989)
§ 12.92.030 DUTY TO REMOVE ABANDONED

DRIVEWAYS AND RECONSTRUCT
APPURTENANT AREAS.
(A) When the owners of lots or portions of lots
fronting on any portion of a public street have
driveways existing which no longer serve any
improvements on said lot or parcel of property, the
owners shall remove and eliminate the driveways and
construct or reconstruct sidewalks, curbs and
parkways in conformance with the remainder of the
block.
(B) When the Director of Development Services
finds any such abandoned driveways, the Director of
Development Services shall notify the owners of the
property to remove the abandoned driveways and to
reconstruct the appurtenant areas.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.035 REMOVAL OF CURBS AND
GUTTERS.
(A) (1) For any lot with a total frontage of less
than 300 feet on a public street where that lot’s
existing curbs and gutters do not match adjoining
sections, the owner of such lot shall remove the
existing curbs and gutters and other appurtenant
improvements in conflict and shall construct new curbs
and gutters and other appurtenant improvements which
are aligned with the adjoining sections. For corner
lots, the parcel on the other side of the intersecting
street shall be considered as an adjoining section.
(2) These improvements will be required
only if the existing dedicated right-of-way for street
and highway purposes will accommodate the relocation
of the curbs and gutters, except for minor amounts
required to allow construction of standard handicap
ramps at intersections.
(B) When the Director of Development Services
finds any such improvements adjoining any lots or
portions of lots that need to be widened to match
adjoining sections, the Director of Development
Services shall notify the owners of the property to
Packet Page 1197
Construction and Maintenance of Sidewalks, Curbs and Driveways 123 remove the existing improvements and construct new
improvements, in conformance with the remainder of
the block.
(Ord. MC-796, passed 7-2-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.040 DUTY TO MAINTAIN AND
REPAIR SIDEWALKS AND CURBS.
(A) The owners of lots or portions of lots
fronting on any portion of a public street or place
when that street or place is improved or if and when
the area between the property line of the adjacent
property and the street line is maintained as a park or parking strip, shall maintain any sidewalk and curb in
such condition that the sidewalk and curb will not
endanger persons or property and maintain it in a
condition which will not interfere with the public
convenience in its use.
(B) When the Director of Public Services finds
any sidewalks or curbs out of repair or pending
reconstruction and in condition to endanger persons or
property or in condition to interfere with the public
convenience in its use, the Director of Public Services shall notify the owners of the property fronting on that portion of such sidewalk or curb so out of repair to
repair the sidewalk or curb.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1274, passed 7-22-2008)
§ 12.92.050 DUTY TO CONSTRUCT.
(A) The owners of lots or portions of lots
fronting on any public street or place when the street
or place has been improved by the construction of
sidewalks or curbs for a total frontage of more than
50% on one side of such street or place in any block,
or where a petition signed by the owners of more than
60% of the front footage of any part of an unimproved
portion or portions of a block has been filed with the
City Clerk requesting the installation of such
improvements in front of said part, or whenever the
city, upon its own motion, orders the installation of
such improvements in front of said part, shall have the duty of constructing or causing the construction of
sidewalks or curbs in front of their properties upon
notice so to do by the city.
(B) When the Director of Development Services
finds that sidewalks or curbs have been constructed in
front of properties constituting more than 50% of the
frontage in any block, or where a petition signed by
the owners of more than 60% of the front footage of
the block has been filed with the City Clerk requesting the installation of such improvements, or whenever the
city, upon its own motion, has ordered the installation of such improvements in front of said part, said
Director of Development Services shall notify the
owners of the property fronting on that portion of the
street in such block in which no sidewalks or curbs
have been constructed theretofore, to construct or
cause to be constructed sidewalks or curbs in front of
their property.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.060 SERVICE AND CONTENTS OF
NOTICE.
(A) Notice to construct, repair, maintain, remove
or reconstruct sidewalks, curbs or driveways may be
given by delivering a written notice personally to the
owner of the property or to the person in possession of the property facing upon the sidewalks, curbs or
driveways to be improved or by mailing a written
notice to the owner of the property thereof at his or
her last known address as appears on the tax
assessment rolls of mailing a written notice to the
owner of the property thereof at his or her last known
address as appears on the tax assessment rolls of the
county. Immediately upon mailing the notice, the
property shall be posted in a conspicuous place.
(B) The notice shall particularly specify what
work is required to be done, where standard
construction drawings may be obtained showing how
it is to be done and what materials shall be used in the construction and shall further specify that if a permit is not obtained and the construction is not commenced
within 60 days after notice is given and diligently and without interruption prosecuted to completion, the
Director of Development Services shall cause the
construction to be done, and the cost of the same shall be a lien on the property. However, upon petition by
Packet Page 1198
124 San Bernardino - Streets, Sidewalks and Public Places all of the affected property owners, the 60-day period
may be waived and the Director of Development
Services may immediately cause the construction to be
done, and the cost of the same shall be a lien upon the property.
(C) The notice shall specify the day, hour and
place when the Mayor and CommonCity Council will
hear objections or protests, if any, which may be
raised by any property owner or other interested
persons, but in no case shall such hearing be sooner
than ten days after giving notice. Upon the day and
hour fixed for the hearing, the Mayor and
CommonCity Council shall hear and pass upon
objections or protests and their decision shall be final and conclusive.
(D) If the required improvements are not
commenced and prosecuted to completion with due
diligence as required by the notice, the Director of
Development Services shall forthwith make the
required improvements.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.070 HEARING AND ASSESSMENT OF
COSTS.
(A) Upon the completion of the improvements,
the Director of Development Services shall cause
notice of the cost of the improvements to be given in
the manner specified in § 12.92.060, except for
posting, said notice shall specify the day, hour and
place when the Mayor and CommonCity Council will
hear and pass upon a report by the Director of
Development Services of the cost of the
improvements, together with any objections or
protests, if any, which may be raised by any property
owner liable to be assessed for the cost of such
improvements and any other interested persons. In no
case shall the hearing provided for in this section be
sooner than ten days after giving of notice.
(B) The cost of the improvements may include
administrative expenses required for the proper
coordination and functioning of the improvements in
front of the parcel as determined by the Mayor and
CommonCity Council.
(C) Upon the day and hour fixed for the hearing,
the Mayor and CommonCity Council shall hear and
pass, upon the report of the Director of Development
Services, together with any objections or protests
which may be raised by any of the property owners
liable to be assessed for such construction and any
other interested persons. Thereupon, the Mayor and
CommonCity Council may make such revision,
correction or modifications in the report as it may
deem just, after which, by resolution, the report, as
submitted, or as revised, corrected or modified, shall
be confirmed. The Mayor and CommonCity Council
may adjourn the hearings from time to time. The
decisions of the Mayor and CommonCity Council, on
all protests and objections which may be made, shall
be final and conclusive.
(D) Upon confirmation of the above report, the
Mayor and CommonCity Council may order the notice
of lien to be turned over to the accounting officer of
the city, whereupon it shall be the duty of this officer to have the amount of the assessment added to the next
regular bill for taxes levied against the lot or parcel of land. If the city taxes are collected by the county
officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on
the county assessment book opposite the description of
the particular property and the amount shall be
collected together with all other taxes thereon against the property. The notice of lien shall be delivered to
the County Auditor before the date fixed by law for
the delivery of the assessment book to the County
Board of Equalization.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.080 RESERVED.
[Reserved]
(Repealed by Ord. MC-737, passed 7-16-1990)
§ 12.92.090 LIMITATION OF ACTIONS.
(A) Time. No action, suit or proceeding to set
aside, cancel, avoid, annul or correct any assessment
or reassessment, or to review any of the proceedings,
acts or determinations therein, or to question the
Packet Page 1199
Construction and Maintenance of Sidewalks, Curbs and Driveways 125 validity of, or to enjoin the collection of the
assessments or reassessments, or to enjoin the issuance of bonds to represent the same, shall be maintained by
any person unless such action is commenced within 30
days after the recording of the warrant, diagram and
assessment or reassessment, and thereafter, all persons shall be barred from any such action or any defense of
invalidity of the assessment or of bonds issued thereon or of the reassessment if such is made and of bonds
issued thereon.
(B) Property unlawfully dedicated or acquired.

No proceedings taken or had under this division (B)
shall ever be held to be invalid on the ground that the street, right-of-way, public property or any portion
thereof, upon which the work or any part thereof is or
was done has not been lawfully dedicated or acquired;
provided the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been
obtained.
(Ord. MC-691, passed 12-19-1989)
Packet Page 1200
126 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1201
CHAPTER 12.93: CITY PARTICIPATION IN SIDEWALK/CURB

REPAIR AND SEWER CONNECTION COSTS
Section

12.93.010 Participation by city

12.93.020 Administration
§ 12.93.010 PARTICIPATION BY CITY.
(A) Notwithstanding other provisions of this
code, the California Streets and Highways Code or any
other provision of law, the city, at its discretion, may contribute up to 100% of the costs to be paid by the
property owner for repair or installation of sidewalk,
curb, gutter, paved parkway improvements, infilling
of curb depressions or driveway approaches excluding
improvements projects constructed under Chapter

12.92. The Public Services Director shall determine
when to contribute up to 100% based on the cost of the
repair, the ability of the property owner to pay and the cooperation exhibited by the property owner; provided
that the property owner executes and delivers to the
Public Services Director a waiver and release in a
form approved by the City Attorney, or his or her
designee. Such determination shall be subject to appeal to the Mayor and CommonCity Council pursuant to
Chapter 2.64.
(B) Notwithstanding other provisions of this
code, the California Streets and Highways Code or any
other provision of law, the city, at its discretion, may waive 50% of the installation costs to be paid by the
property owner for connection of the sewer line from
the lateral to the property line for an existing
owner-occupied single-family residence when installed
by the Public Services Department. The Public
Services Director shall determine when to waive the
50% based on the cost of the installation, the ability of the property owner to pay and the length of time the
owners of the property have paid a monthly sewer
service charge; provided that the property owner
executes and delivers to the Public Services Director
a waiver and release in a form approved by the City
Attorney, or his or her designee. Such determination
shall be subject to appeal to the Mayor and
CommonCity Council pursuant to Chapter 2.64.
(Ord. MC-737, passed 7-16-1990; Ord. MC-778,
passed 4-16-1991; Ord. MC-1274, passed 7-22-2008)
§ 12.93.020 ADMINISTRATION.

The Director of Public Services may promulgate
written procedures, regulations, guidelines and fees
pertaining to the implementation of this chapter. Such
procedures, regulations, guidelines and fees shall not
become effective until approved by resolution by the
Mayor and CommonCity Council.
(Ord. MC-737, passed 7-16-1990)
127
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128 San Bernardino - Streets, Sidewalks and Public Places Packet Page 1203
CHAPTER 12.94: IMPROVEMENT DISTRICTS
Section

12.94.010 Definitions

12.94.020 Issuance of bonds -
administrative fee

12.94.030 Advance of estimated costs -
reimbursement of expenses of
surplus
§ 12.94.010 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
1911 ACT. Refers to “the Improvement Act of
1911,” Cal. Streets and Highways Code, Division 7,
being §§ 5000 et seq.
1913 ACT. Refers to “the Municipal
Improvement Act of 1913,” Cal. Streets and Highways
Code, Division 12, §§ 10000 et seq.
1915 ACT. Refers to “the Improvement Bond Act
of 1915,” Cal. Streets and Highways Code, Division
10, being §§ 8500 et seq.

DEVELOPER-REQUESTED IMPROVEMENT
DISTRICT. Any improvement district where a
developer representing a majority in interest of the
owners of the land affected requests that the city form such district to enable such owners to develop a new
subdivision or parcel map of any type or undertake
enlargement, development, expansion or change of use
of existing commercial or industrial development.

Whether a particular developer represents a majority
in interest of the owner shall be determined by the
Director of Development Services.

IMPROVEMENT DISTRICT. Any assessment
district created by action of the Mayor and
CommonCity Council for the purpose of funding
curbs, gutters, streets, storm sewers, sanitary sewers, water mains and other public improvements necessary
or convenient for the purpose of the district being
formed. Public improvements shall include, but shall
not be limited to, those itemized in Cal. Streets and
Highways Code, §§ 5101, 8570 and 10100.
(Ord. MC-149, passed 4-7-1982; Ord. MC-1027,
passed 9-9-1998)
§ 12.94.020 ISSUANCE OF BONDS -
ADMINISTRATIVE FEE.

For any developer-requested improvement district
in which the improvements are to be financed by
issuance of assessment district bonds, bonds may be
authorized and issued by authority of the Mayor and
CommonCity Council under the provisions of the 1911
Act, the 1913 Act, the 1915 Act or any other state law
or any ordinance or provision of the municipal code,
as the Mayor and CommonCity Council may
determine. For any such issuance, an administrative
fee of 1% of the total bond issue shall be paid to the
city’s Assessment District Reserve Fund to be used
exclusively for the financing of assessment districts as authorized by the Mayor and CommonCity Council.

Such fee shall be paid out of the proceeds of the sale
of the bonds, and shall be in addition to any other
applicable fees, charges or incidental expenses.
(Ord. MC-149, passed 4-7-1982; Ord. MC-467,
passed 7-16-1985)
§ 12.94.030 ADVANCE OF ESTIMATED

COSTS - REIMBURSEMENT OF EXPENSES
OF SURPLUS.

Prior to the adoption of a resolution of intention
relative to any developer requested improvement
129
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130 San Bernardino - Streets, Sidewalks and Public Places district, the developer representing the owner or
owners of the property therein shall advance to the city the estimated costs of organizing, engineering and
developing the proposed assessment district, in such
amount and payable at such times as the Director of
Development Services shall designate. Such
advancement of funds shall be utilized solely for the
expenses of organizing, engineering and developing
the proposal for such district. In the event the district fails at the public hearing or is otherwise terminated
for any reason, or the bonds are not sold, such portion of the advancement representing actual costs to the city in preparing for such improvement district, including
administrative costs, shall be held by the city, as
reimbursement for such expense, and any surplus
remaining shall be returned to the person or persons
depositing such funds. If the improvement district is
finalized and bonds are sold, the expenses shall be
reimbursed to the city from bond proceeds; and the
entire amount deposited shall be returned to the person or persons depositing such funds.
(Ord. MC-149, passed 4-7-1982; Ord. MC-1027,
passed 9-9-1998)
Packet Page 1205
CHAPTER 12.95: SUBSTANDARD DRIVEWAY APPROACHES
Section

12.95.010 Substandard driveway
approaches: city participation

12.95.020 Eligible projects

12.95.030 Work performed
§ 12.95.010 SUBSTANDARD DRIVEWAY
APPROACHES: CITY PARTICIPATION.

Notwithstanding other provisions of this code, the
California Streets and Highways Code or any other
provision of law, the city, at its discretion, may
contribute 50% of the cost incurred for removal and
reconstruction of substandard driveway approaches as
provided in this chapter.
(Ord. MC-854, passed 11-17-1992)
§ 12.95.020 ELIGIBLE PROJECTS.

Eligible projects for city participation of one-half
the cost shall be only those driveway approaches
which exit onto arterial or collector streets and which have been found by the Director of Development
Services to not be in accordance with the Department
of Development Services’ Standard Drawing No. 203.
(Ord. MC-854, passed 11-17-1992; Ord. MC-1027,
passed 9-9-1998)
§ 12.95.030 WORK PERFORMED.

The work hereunder may be performed by a
private contractor engaged by the property owner or,
by the city, at the discretion of the Director of
Development Services and following application to the
Development Services Department for participation in
the program.
(A) An application for work to be performed
may be initiated by either the city or the property
owner.
(B) Applications, outlining the work to be
performed, shall be completed on forms to be provided
by the Development Services Department.
(C) The Director of Development Services, upon
finding that an application is consistent with the intent of this chapter, shall have an inspection made of the
project; estimate the cost of the work; and advise the
property owner of the dollar amount of the city’s
one-half contribution.
(D) If the Director of Development Services
makes a determination that the city shall perform the
work, the property owner shall deposit the sum
determined pursuant to division (A) above with the
Development Services Department, prior to the work
being performed. The Director of Development
Services shall determine time frame for such payment
and if the property owner shall have not made such
deposit, within such time frame, then that property
shall be dropped from the project.
(E) If the Director of Development Services
makes a determination that the property owner may
perform the work, then the property owner, or his or
her private contractor, must obtain a no cost public
works construction permit. Following final inspection
and approval of the work by the city, and upon the
presentation of receipted bills or invoices, the Director of Development Services shall authorize 50% of the
actual cost of the project, or the sum determined
pursuant to division (C) above, whichever is less, to
be paid to the property owner.
(F) The Director of Development Services may
initiate the removal and reconstruction hereunder by
mailing a letter to the property owner advising of the
131
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132 San Bernardino - Streets, Sidewalks and Public Places city’s participation program and enclosing an
application form. In the event a property owner fails
to respond or declines to participate in the program
within 15 days after the date of the notice, all
proceedings will terminate.
(G) Any unforeseen necessary extra work which
may arise during such removal and reconstruction or
caused by such removal and reconstruction shall be
shared equally by the property owner and the city.
(Ord. MC-854, passed 11-17-1992; Ord. MC-1027,
passed 9-9-1998)
Packet Page 1207
CHAPTER 12.96: INSTALLATION AND MAINTENANCE OF LANDSCAPED

FRONTAGES ON CITY RIGHTS-OF-WAY AND WITHIN THE BUILDING

SETBACK AREA UP TO A MAXIMUM OF TWENTY FEET
Section

12.96.010 Scope and definitions

12.96.030 Participation by property owners

12.96.040 Participation by city

12.96.050 Duty to install landscaping

12.96.060 Duty to maintain and repair after
installation

12.96.070 Service and contents of notice to
maintain after installation

12.96.080 Hearing and assessment of costs

12.96.090 Limitation of actions
§ 12.96.010 SCOPE AND DEFINITIONS.
(A) This chapter shall apply to the installation
and maintenance of landscaping in front of properties
in any specified block where frontages do not have
landscaping which complies with city standards and
development codes and provides for city participation
with property owners for sharing the costs of
installation on that portion of the property fronting on the right-of-way and the building set back area up to a maximum of 20 feet.
(B) This chapter shall apply to a lot or property
fronting on, or otherwise adjacent to, or in conjunction with, specified street, arterial or collector street
section or specified commercial zones as listed in the
procedure resolution.
(C) For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

COST, INSTALLATION COST or variants
thereof. Includes the actual cost of installation and/or maintenance of the landscaping and any incidental or
administrative expenses.

DIRECTOR OF PARKS, RECREATION
AND COMMUNITY SERVICES DEPARTMENT or
DESIGNEE. Shall be responsible for review and
approval of landscape development plans and
specifications and final inspection after completion of construction phase.

FRONTAGES. All the property within the
city rights-of-way and the building setback up to a
maximum of 20 feet fronting and facing the streets and
arterials in specified locations and commercial zones
in the city.
(Ord. MC-786, passed 5-21-1991)
§ 12.96.030 PARTICIPATION BY PROPERTY
OWNERS.
(A) When the owners of lots or portions of lots
fronting on any portion of a public street have
frontages existing which do not meet city codes and
standards for landscape improvements on said lot or
parcel of property, the owners may apply for city cost
sharing assistance to install landscaping in
conformance with the remainder of the block and in
compliance with city approved plans and
specifications.
(B) After applications for assistance and the
agreement for joint city property owner participation
are approved, the Director of Development Services
shall notify the property owner to prepare landscape
plans for approval and upon approval of plans to cause
landscaping to be installed on the frontages. Landscape plans shall be reviewed and approved by the Director
of Parks, Recreation and Community Services
Department prior to commencement of landscape
installation.
133
Packet Page 1208
134 San Bernardino - Streets, Sidewalks and Public Places (Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.040 PARTICIPATION BY CITY.

Notwithstanding other provisions of this chapter
or any other provision of law, the city may pay
one-half of the cost of construction of landscaping
located on the right-of-way and within the building
setback area up to a maximum of 20 feet, at the
discretion of the Development Services Director. The
Development Services Director shall make such
determination based on the cost of the construction,
the ability of the property owner to pay and the
cooperation exhibited by the property owner. Such
determination shall be subject to appeal to the Mayor
and CommonCity Council pursuant to Chapter 2.64.
(Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.050 DUTY TO INSTALL
LANDSCAPING.

The owners of lots or portions of lots fronting on
the city rights-of-way in the specified areas whenever
the city has approved the application and signed the
agreement to pay the 50% portion of the costs of the
installation of such landscape improvements in front of said part shall have the duty of installation or causing the installation of landscaping in front of their
properties upon notice so to do by the city.
(Ord. MC-786, passed 5-21-1991)
§ 12.96.060 DUTY TO MAINTAIN AND
REPAIR AFTER INSTALLATION.
(A) The owners of lots or portions of lots
fronting on any portion of the public right-of-way on
the specified streets and arterials or in the specified commercial zones shall, after such property is
improved, maintain that property in accordance with
established city standards and in such condition that
the improved area will not endanger persons or
property and maintain it in a condition which will not
interfere with the public convenience in its use.
(B) When the Director of Development Services
finds any landscaped frontages which are not being
maintained up to city maintenance standards or which
are in condition to endanger persons or property or in
condition to interfere with the public convenience in its use, the Director of Development Services shall notify
the owners of the property fronting on that portion of
such rights-of-way to perform maintenance of the
landscaped frontages.
(Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.070 SERVICE AND CONTENTS OF

NOTICE TO MAINTAIN AFTER
INSTALLATION.
(A) Notice to repair or maintain landscaping and
appurtenant areas may be given by delivering a written
notice personally to the owner of the property or to the person in possession of the property facing upon the
city rights-of-way to be maintained or by mailing a
written notice to the owner of the property thereof at
his or her last known address as appears on the tax
assessment rolls of the county. Immediately upon
mailing the notice, the property shall be posted in a
conspicuous place.
(B) The notice shall particularly specify what
work is required to be done, where standard landscape
maintenance requirements may be obtained showing
how it is to be done and what materials and plants
shall be used in the maintenance improvements and
shall further specify that, if the maintenance is not
commenced within 30 days after notice is given and
diligently and without interruption prosecuted to
completion, the Director of Development Services
shall cause the maintenance to be done, and the cost of the same shall be billed to the property owner. Failure to pay invoices for landscape maintenance within 30
days shall result in a lien on the property.
(C) The notice shall specify the day, hour and
place when the Mayor and CommonCity Council will
hear objections or protests, if any, which may be
raised by any property owner or other interested
persons, but in no case shall such hearing be sooner
than ten days after giving notice. Upon the day and
hour fixed for the hearing, the Mayor and
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Installation and Maintenance of Landscaped Frontages on City Rights-of-Way and Within the Building Setback Area up to a Maximum of Twenty Feet 135
CommonCity Council shall hear and pass upon
objections or protests and their decision shall be final and conclusive.
(D) If the required maintenance improvements
are not commenced and prosecuted to completion with
due diligence as required by the notice, the Director of Development Services shall forthwith make the
required improvements.
(Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.080 HEARING AND ASSESSMENT OF
COSTS.
(A) Upon the completion of the maintenance
improvements, the Director of Development Services
shall cause notice of the cost of the maintenance
improvements to be given in the manner specified in
§ 12.96.060, except for posting, said notice shall
specify the day, hour and place when the Mayor and
CommonCity Council will hear and pass upon a report
by the Director of Development Services of the cost of
the improvements, together with any objections or
protests, if any, which may be raised by any property
owner liable to be assessed for the cost of such
maintenance improvements and any other interested
persons. In no case shall the hearing provided for in
this section be sooner than ten days after giving of
notice.
(B) The cost of the maintenance improvements
may include administrative expenses required for the
proper coordination and functioning of the
maintenance improvements in front of the parcel as
determined by the Mayor and CommonCity Council.
(C) Upon the day and hour fixed for the hearing,
the Mayor and CommonCity Council shall hear and
pass upon the report of the Director of Development
Services, together with any objections or protests
which may be raised by any of the property owners
liable to be assessed for such maintenance
improvements and any other interested persons.

Thereupon, the Mayor and CommonCity Council may
make such revision, correction or modifications in the
report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or
modified, shall be confirmed. The Mayor and
CommonCity Council may adjourn the hearings from
time to time. The decisions of the Mayor and
CommonCity Council, on all protests and objections
which may be made, shall be final and conclusive.
(D) Upon confirmation of the above report, the
Mayor and CommonCity Council may order the notice
of lien to be turned over to the accounting officer of
the city; whereupon, it shall be the duty of this officer to have the amount of the assessment added to the next
regular bill for taxes levied against the lot or parcel of land. If the city taxes are collected by the county
officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on
the county assessment book opposite the description of
the particular property and the amount shall be
collected together with all other taxes thereon against the property. The notice of lien shall be delivered to
the County Auditor before the date fixed by law for
the delivery of the assessment book to the County
Board of Equalization.
(Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.090 LIMITATION OF ACTIONS.
(A) Time. No action, suit or proceeding to set
aside, cancel, avoid, annul or correct any assessment
or reassessment, or to review any of the proceedings,
acts or determinations therein, or to question the
validity of, or to enjoin the collection of the
assessments or reassessments or to enjoin the issuance
of bonds to represent the same, shall be maintained by
any person unless such action is commenced within 30
days after the recording of the warrant, diagram and
assessment or reassessment, and thereafter all persons
shall be barred from any such action or any defense of
invalidity of the assessment or of bonds issued
thereon.
(B) Property unlawfully dedicated or acquired.

No proceedings taken or had under this provision shall
ever be held to be invalid on the ground that the street right-of-way, public property or any portion thereof
upon which the work or any part thereof is or was
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136 San Bernardino - Streets, Sidewalks and Public Places done has not been lawfully dedicated or acquired;
provided the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been
obtained.
(Ord. MC-786, passed 5-21-1991)
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CHAPTER 12.98: CAMPING ON PUBLIC STREETS AND PARKS
Section

12.98.010 Purpose

12.98.020 Definitions

12.98.030 Unlawful camping

12.98.040 Storage of personal property in
public places
§ 12.98.010 PURPOSE.

The public streets and areas within the city should
be readily accessible and available to residents and the public at large. The use of these areas for camping
purposes or storage of personal property interferes
with the rights of others to use the areas for the
purposes for which they were intended. The purpose
of this chapter is to maintain public streets and areas within the city in a clean and accessible condition.
(Ord. MC-945, passed 6-20-1995)
§ 12.98.020 DEFINITIONS.

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

CAMP. To pitch or occupy camp facilities; to live
temporarily in a camp facility or outdoors; to use
camp paraphernalia.

CAMP FACILITIES. Include, but are not limited
to, tents, huts or temporary shelters.

CAMP PARAPHERNALIA. Includes, but is not
limited to, tarpaulins, cots, beds, sleeping bags,
hammocks or non-city-designated cooking facilities
and similar equipment.

PARK. Means the same as defined in
§ 12.80.020.

STORE. To put aside or accumulate for use when
needed, to put aside for safekeeping, to place or leave in a location.

STREET. A way or place of whatever nature,
publicly maintained and open to the use of the public
for purposes of vehicular and/or pedestrian travel.

STREET includes highways.
(Ord. MC-945, passed 6-20-1995)
§ 12.98.030 UNLAWFUL CAMPING.

It shall be unlawful for any person to camp,
occupy camp facilities or use camp paraphernalia in
the following areas, except as otherwise provided:
(A) Any street;
(B) Any public parking lot or public area,
improved or unimproved; and
(C) Any park.
(Ord. MC-945, passed 6-20-1995)
§ 12.98.040 STORAGE OF PERSONAL
PROPERTY IN PUBLIC PLACES.

It shall be unlawful for any person to store
personal property, including camp facilities and camp
paraphernalia, in the following areas, except as
137
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138 San Bernardino - Streets, Sidewalks and Public Places otherwise provided:
(A) Any street;
(B) Any public parking lot or public area,
improved or unimproved; and
(C) Any park.
(Ord. MC-945, passed 6-20-1995)
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TITLE 13: PUBLIC UTILITIES
Chapter

13.04. WELLS

13.08. CONNECTION WITH PUBLIC SEWER

13.12. CROSS-CONNECTIONS AND BACKFLOW

PREVENTION DEVICES

13.16. RESERVED

13.20. GEOTHERMAL RESOURCES

13.24. WATER SUPPLY SYSTEM

13.25. SPREADING OR EXTRACTION WITHIN THE

MANAGEMENT ZONE

13.28. COLLECTION OF DELINQUENT WATER, RUBBISH,

SEWER OR OTHER MUNICIPAL UTILITY CHARGES

13.32. WASTEWATER FACILITIES

13.36. UNDERGROUND FACILITIES
1 Packet Page 1214
2 San Bernardino - Public Utilities
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CHAPTER 13.04: WELLS
Section

13.04.010 Measurement of water - records
required

13.04.020 Record of wells that have been
bored

13.04.030 Record-keeping requirement
§ 13.04.010 MEASUREMENT OF WATER -
RECORDS REQUIRED.

It shall be the duty of the City Board of Water
Commissioners to cause measurements to be taken of
all water naturally flowing out of the San Bernardino
artesian basin and also of all water artificially taken and transported out of the San Bernardino artesian
basin or any of its tributaries; to cause measurements
to be taken of the flow of water from artesian wells in the San Bernardino artesian basin and also the depth to water in such wells that do not naturally flow to the
surface of the ground; to cause to be taken
measurements of the pressure of water at the surface
of the ground flowing from artesian wells in the San
Bernardino artesian basin; to cause to be taken
measurements of all water used in the water system of
the city; to keep a record, in the office of such
Commissioners, of all measurements of water and
water pressure hereinbefore referred to; and also to
keep a book in which all persons employed in or
engaged in taking any of such measurements shall
record a true copy of such measurements and the
person so taking such measurements shall be required
in such book to state the time of taking such
measurement and by some proper designation the place
of such measurement and when so recorded, the
person shall sign his or her name to such record.
(Ord. 677, passed 6-1-1917)
§ 13.04.020 RECORD OF WELLS THAT HAVE
BEEN BORED.

The City Board of Water Commissioners shall
procure and cause to be recorded in a proper book a
true and correct log of all wells that have been bored
in the San Bernardino valley subsequent to the first
day of August 1916, or that may hereafter be bored
therein.
(Ord. 677, passed 6-1-1917)
§ 13.04.030 RECORD-KEEPING
REQUIREMENT.

The City Board of Water Commissioners is
authorized and directed to procure such books
necessary to preserve the records herein required of
them to be taken and kept and to do all other things
and to make such rules and regulations necessary and
proper to carry this chapter into effect in order to
preserve a true record of all the matters herein referred to and in order to be fully advised as to the condition of the water level and the flow and pressure of water
from and in wells within the San Bernardino artesian
basin, and also to preserve a true and correct record of the quantity of water being taken from said basin and
conveyed to lands not overlying the same, as well as
a true and correct record of all of the other matters
hereinbefore referred to. The measurements and other
things herein provided to be taken and done shall be
taken and done at such time and in such manner as the
Board of Water Commissioners shall, from time to
time, direct.
(Ord. 677, passed 6-1-1917)
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4 San Bernardino - Public Utilities
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CHAPTER 13.08: CONNECTION WITH PUBLIC SEWER
Section

13.08.010 Regulation of wastewater
connections by the Water Board

13.08.020 Inoperative private sewer laterals

13.08.030 Reserved

13.08.040 Reserved

13.08.050 Reserved

13.08.055 Reserved

13.08.060 Reserved

13.08.070 Reserved

13.08.080 Reserved

13.08.090 Reserved

13.08.100 Reserved

13.08.105 Reserved

13.08.110 Reserved
Statutory reference:

For provisions authorizing cities to construct
sewers, see Cal. Gov’t Code, § 38900.

For provisions on sewers, see Cal. Health and
Safety Code, §§ 5400 et seq.
§ 13.08.010 REGULATION OF WASTEWATER
CONNECTIONS BY THE WATER BOARD .

In accordance with § 603 of the City Charter, the
Water Board shall be responsible for oversight and
management of the city’s wastewater collection
system, including the regulation of connections. Any
rules or regulations promulgated by the Water Board
in connection with its powers under § 603 of the City
Charter may be enforced as laws of the city in
accordance with Chapter 2.28.
(Ord. 2158, passed 2-11-1957; Ord. 3407, passed
3-6-1974; Ord. MC-1562, passed 9-15-2021)
§ 13.08.020 INOPERATIVE PRIVATE SEWER
LATERALS.

Inoperative private sewer laterals shall be
maintained in good condition (and free of defects).

Inoperative private sewer laterals constituting a
nuisance, as that term is defined in Cal. Health and
Safety Code, § 5410, shall be subject to the
regulations outlined by Cal. Health and Safety Code,
§§ 5410 through 5416 and such regulations shall be
enforced by the City Public Works Department.
(Ord. 2158, passed 2-11-1957; Ord. 3835, passed
6-19-1979; Ord. MC-1562, passed 9-15-2021)
§ 13.08.030 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.040 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.050 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.055 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.060 RESERVED.
5 Packet Page 1218
6 San Bernardino - Public Utilities
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.070 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.080 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.090 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.100 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.105 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.110 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
Packet Page 1219
CHAPTER 13.12: CROSS-CONNECTIONS AND BACKFLOW PREVENTION DEVICES Section

13.12.010 Compliance with chapter and
other laws

13.12.020 Test and report of check valves,
pressure vacuum breakers or
backflow prevention devices

13.12.030 Administration

13.12.040 Violation - penalty
§ 13.12.010 COMPLIANCE WITH CHAPTER
AND OTHER LAWS.

It is unlawful for any person to install, maintain
or allow to exist, or to fail, neglect or refuse to
comply with a notice correction of any
cross-connection, which is not in compliance with the
provisions of this chapter; the Uniform Plumbing
Code, latest adopted edition; the California
Administrative Code; and other laws relating to
cross-connections and backflow prevention devices. A
finding by the City Municipal Water Department or
the county health officer that a cross-connection does
or may contaminate water for drinking or domestic
purposes shall be prima facie evidence of a violation
of this chapter.
(Ord. 2168, passed 5-7-1957; Ord. 3007, passed
8-19-1969)
§ 13.12.020 TEST AND REPORT OF CHECK

VALVES, PRESSURE VACUUM BREAKERS
OR BACKFLOW PREVENTION DEVICES.

No person shall fail, refuse or neglect to test and
report to the City Municipal Water Department or
health officer on the condition of all check valves,
double-check valves, pressure vacuum breakers or
backflow prevention devices installed to prevent
contamination or pollution of drinking water systems.

Such tests, maintenance and reports shall be as
required by rules adopted by the Water Commissioners
and by § 13.12.010.
(Ord. 2168, passed 5-7-1957; Ord. 3007, passed
8-19-1969)
§ 13.12.030 ADMINISTRATION.

The agency responsible for the enforcement of
this chapter shall be the City Municipal Water
Department.
(Ord. 2168, passed 5-7-1957; Ord. 3007, passed
8-19-1969)
§ 13.12.040 VIOLATION - PENALTY.

Any person, firm or corporation violating any of
the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be
punishable by a fine of not to exceed $500, or by
imprisonment in the city jail for not to exceed six
months, or by both such fine and imprisonment. Each
separate day or any portion thereof during which any
violation of this chapter occurs or continues shall be
deemed to constitute a separate offense and, upon
conviction thereof, shall be punishable as herein
provided.
(Ord. 2168, passed 5-7-1957)
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8 San Bernardino - Public Utilities
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CHAPTER 13.16: RESERVED
(Repealed by Ord. MC-950, passed 8-22-1995)
9 Packet Page 1222
10 San Bernardino - Public Utilities
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CHAPTER 13.20: GEOTHERMAL RESOURCES
Section
Article I. General Administrative Provisions

13.20.010 Purpose

13.20.020 Scope

13.20.030 Definitions

13.20.035 Altering

13.20.040 Applicant

13.20.045 Artesian flow

13.20.050 Artesian well

13.20.055 Board

13.20.060 BTU

13.20.065 By-product

13.20.070 City

13.20.075 Constructing

13.20.080 Council

13.20.085 Department

13.20.090 Drilling a well

13.20.095 Drilling site

13.20.100 Franchise

13.20.105 General Manager

13.20.110 Geothermal data center

13.20.115 Geothermal facility

13.20.120 Geothermal fluid

13.20.125 Geothermal heat

13.20.130 Geothermal resources

13.20.135 Ground water

13.20.140 Heat rate

13.20.145 Heating service

13.20.150 Inhabitant

13.20.155 Injection well

13.20.160 Owner

13.20.165 Person

13.20.170 Pollution

13.20.175 Prospect well

13.20.180 Secondary use

13.20.185 Service

13.20.190 Service connection

13.20.195 Therm

13.20.200 Thermal ground water

13.20.205 Underground reservoir

13.20.210 User

13.20.215 User service pipeline

13.20.220 Water well contractor and
drilling machine operator

13.20.225 Well

13.20.230 Well drilling machine

13.20.240 Rates, fees and charges

13.20.250 Service map - adoption of
standards

13.20.260 Conformity with general plan and
other ordinances

13.20.270 Appeal of administrative
decisions
Article II. City Heating Service

13.20.280 Administrative organizations and
principal functions

13.20.290 Boundary

13.20.300 Finances

13.20.310 Authorized facilities and other
heat sources

13.20.320 Improvement procedures

13.20.330 Service connection procedures

13.20.340 User service procedures

13.20.350 Terms and conditions of heating
service
Article III. Geothermal and Ground Water
Reservoir Management

13.20.360 Reservoir management policy

13.20.370 Existing wells

13.20.380 New wells

13.20.390 Injection wells

13.20.400 Resource data collection

13.20.410 City inspection and monitoring of
wells and geothermal facilities

13.20.420 Wasteful or defective wells -
repair - violation
11 Packet Page 1224
12 San Bernardino - Public Utilities
Article IV. Private Heating Services

13.20.430 Establishment, services and
conditions
Article V. Enforcement

13.20.440 Enforcement
ARTICLE I. GENERAL ADMINISTRATIVE

PROVISIONS
§ 13.20.010 PURPOSE.
(A) The purpose of this chapter is to provide
comprehensive management of the geothermal
resources and thermal ground waters within and
adjacent to the city.
(B) In furtherance of this overall purpose, this
chapter is specifically intended to serve the following sub-purposes:
(1) Conservation and beneficial
management of geothermal resources and thermal
ground waters in a comprehensive and coordinated
manner, so as to assure their continued availability and productivity;
(2) Continued technical assistance for
individual private geothermal resource and thermal
ground water uses, including residential, commercial
and industrial activities;
(3) Maximization of the public welfare and
economic benefit to be derived from geothermal
resources and thermal ground waters, by extending
their availability throughout the city and elsewhere as much as practical with city and private heating
services;
(4) Minimization of the potential for
damage or degradation to geothermal resources and
thermal ground waters;
(5) Protection of the surface and subsurface
environment during development and utilization of
geothermal resources and thermal ground waters;
(6) Advancement of the scientific study of
geothermal resources and thermal ground waters,
through the collection and dissemination of resource
data and the demonstration of geothermal technologies;
(7) Implementation of the city’s general
plan and its goals and policies for geothermal
development and utilization; and
(8) Implementation of the authority and
provisions of the City Charter, § 40(u), and any
amendments thereto; and coordinated with the
provisions of the Cal. Public Resources Code,
Division 3 and Division 6, and any amendments
thereto.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.020 SCOPE.

This chapter includes general provisions for
administration of this chapter; the establishment of,
and operating measures for, a city owned and operated
geothermal district heating service in the city and
elsewhere; the establishment of geothermal and
thermal ground water reservoir management
procedures; and authorization for certain private
geothermal heating services which will operate
independently of the city’s heating service.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.030 DEFINITIONS.

For the purpose of carrying out the intent of this
chapter, the words, phrases and terms set forth in this chapter shall be deemed to have the meaning ascribed
to them in §§ 13.20.035 through 13.20.230.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.035 ALTERING.

ALTERING. The deepening, recasing,
perforating, reperforating, installation of packers or
Packet Page 1225
Geothermal Resources 13
seals and other material changes in the design of a
well.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.040 APPLICANT.

APPLICANT. The person making application for
a geothermal heating connection or geothermal heating
service from the city under the provisions of this
chapter.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.045 ARTESIAN FLOW.

ARTESIAN FLOW. The water discharging to the
natural ground surface if the flow is unrestricted.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.050 ARTESIAN WELL.

ARTESIAN WELL. A well taking water from an
aquifer holding water under pressure greater than
atmospheric pressure, which causes the water to seek
a static level above the wells juncture with the aquifer. (Ord. MC-298, passed 8-17-1983)
§ 13.20.055 BOARD.

BOARD. The Board of Water Commissioners of
the City of San Bernardino.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.060 BTU.

BTU. British thermal unit.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.065 BY-PRODUCT.

BY-PRODUCT. Any mineral or minerals,
exclusive of oil, hydrocarbon gas, helium or other
hydrocarbon substances, which are found in solution
or in association with geothermal resources, and which
have a value of less than 75% of the value of
geothermal resources or are not, because of quantity,
quality or technical difficulties in extraction and
production, of sufficient value to warrant extraction
and production by themselves.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.070 CITY.

CITY. The City of San Bernardino.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.075 CONSTRUCTING.

CONSTRUCTING. The boring, digging, drilling
or excavating of a well, including the installation of
casing or well screens.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.080 COUNCIL.

COUNCIL. The Mayor and CommonCity
Council of the City of San Bernardino, sometimes
called “CommonCity Council.”
(Ord. MC-298, passed 8-17-1983)
§ 13.20.085 DEPARTMENT.

DEPARTMENT. The City Municipal Water
Department of the City of San Bernardino.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.090 DRILLING A WELL.

DRILLING A WELL. The drilling, re-drilling or
deepening of a well.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.095 DRILLING SITE.

DRILLING SITE. Any site where drilling
operations will be, are being or have been undertaken
to construct or alter a well.

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14 San Bernardino - Public Utilities
(Ord. MC-298, passed 8-17-1983)
§ 13.20.100 FRANCHISE.

FRANCHISE. An agreement granting a land
developer authorization to construct, operate and
maintain a private heating service.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.105 GENERAL MANAGER.

GENERAL MANAGER. Manager of the City
Municipal Water Department, or the Manager’s
authorized representative, sometimes referred to herein as MANAGER.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.110 GEOTHERMAL DATA CENTER.

GEOTHERMAL DATA CENTER. The city
office which acts as a geothermal information clearing
house and data repository and is maintained in the City Municipal Water Department.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.115 GEOTHERMAL FACILITY.

GEOTHERMAL FACILITY. Any space or
process, heating or cooling apparatus or system used
to pump, convey or transport geothermal resources or
thermal ground water, including, but not limited to,
ground water heat pumps, fluid heat exchangers, well
and circulating pumps, pipelines, valves, fittings or
controls.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.120 GEOTHERMAL FLUID.

GEOTHERMAL FLUID. Any fluid transporting
or capable of transporting geothermal heat.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.125 GEOTHERMAL HEAT.

GEOTHERMAL HEAT. Heat derived from
geothermal resources.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.130 GEOTHERMAL RESOURCES.

GEOTHERMAL RESOURCES. The natural heat
of the earth and the energy, in whatever form, below
the surface of the earth present in, resulting from or
created by, or which may be extracted from, the
natural heat, and all minerals in solution or other
products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found
below the surface of the earth, exclusive of oil,
hydrocarbon gas, helium or other hydrocarbon
substances, but including specifically:
(A) All products of geothermal processes,
embracing indigenous steam, hot water and hot brines;
(B) Steam and gases, hot water and hot brines
resulting from water, gas or other fluids artificially
introduced into geothermal formations;
(C) Heat or other associated energy found in
geothermal formations; and
(D) Any by-product derived from them.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.135 GROUN DWATER.

GROUND WATER. Any water, except capillary
moisture, beneath the land surface or beneath the bed
of any stream, lake, reservoir or other body of surface water, whatever may be the geological formation or
structure in which such water stands, flows, percolates or otherwise moves.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.140 HEAT RATE.

HEAT RATE. The user fee schedule charged by
the city for geothermal heat according to a rate
schedule adopted by a resolution of the Board.
(Ord. MC-298, passed 8-17-1983)
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Geothermal Resources 15
§ 13.20.145 HEATING SERVICE.

HEATING SERVICE. The provision of
geothermal heat by the city to a user pursuant to the
City Charter, and any amendment thereto, and the
provisions of Article II of this chapter.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.150 INHABITANT.

INHABITANT. Businesses and persons within
the city.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.155 INJECTION WELL.

INJECTION WELL. Any well or converted well
constructed to dispose of geothermal fluids or ground
water into an underground reservoir.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.160 OWNER.

OWNER. The holder of the record title to real
property or the vendee under a recorded land sale
contract or any lessee having a long-term leasehold
interest in the property.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.165 PERSON.

PERSON. An individual person, firm,
partnership, association, social or fraternal
organization, corporation, non-profit corporation,
trust, estate, receiver, syndicate, branch of
government or similar entities, any group or
combination acting as a unit or the successors or
assigns of any of the aforesaid.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.170 POLLUTION.

POLLUTION. The contamination or other
alteration of the physical, chemical or biological
properties of any surface or ground waters which will
or can reasonably be expected to render such waters
harmful, detrimental or injurious to domestic,
commercial, industrial, agricultural, recreational or
other legitimate beneficial use.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.175 PROSPECT WELL.

PROSPECT WELL. Any well constructed or
altered as a geophysical test well, seismic shot hole,
mineral exploration drilling, core drilling or
temperature gradient test well, less than 2,000 feet in depth and constructed or altered specifically in
prospecting for geothermal resources.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.180 SECONDARY USE.

SECONDARY USE. Any use which receives the
city heating service from fluids discharged by a
foregoing use, prior to the return of such fluids to a
city heating service pipeline.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.185 SERVICE.

SERVICE. See heating service (§ 13.20.145).
(Ord. MC-298, passed 8-17-1983)
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§ 13.20.190 SERVICE CONNECTION.

SERVICE CONNECTION. The part of the city
heating service distribution system which connects the
city’s meter and pipeline to the user’s pipeline.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.195 THERM.

THERM. A unit of measure consisting of
100,000 BTUs. This unit is used to measure delivered
geothermal heat for billing purposes.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.200 THERMAL GROUND WATER.

THERMAL GROUND WATER. Ground water
which is less than 250EF at bottom-hole temperature,
and possessing sufficient heat to be used for a direct
thermal application or in conjunction with a ground
water heat pump for which the heat is put to beneficial use.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.205 UNDERGROUND RESERVOIR.

UNDERGROUND RESERVOIR. An aquifer or
combination of aquifers or zones containing a common
geothermal and/or ground water resource.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.210 USER.

USER. A person who receives or is capable of
receiving geothermal heat from the city.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.215 USER SERVICE PIPELINE.

USER SERVICE PIPELINE. The private
pipeline that connects the user’s private heating system to the city’s meter and distribution pipeline.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.220 WATER WELL CONTRACTOR
AND DRILLING MACHINE OPERATOR.

WATER WELL CONTRACTOR AND
DRILLING MACHINE OPERATOR. As defined by
ordinance or state law, and any amendment thereto.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.225 WELL.

WELL. Any artificial opening or artificially
altered natural opening, however made, by which
geothermal fluids or ground water is sought or through
which geothermal fluids or ground water flows under
natural pressure or is artificially withdrawn or is used to operate a heat exchanger within the well; provided
that this definition shall not include a natural spring. (Ord. MC-298, passed 8-17-1983)
§ 13.20.230 WELL DRILLING MACHINE.

WELL DRILLING MACHINE. Any
power-driven percussion, rotary, boring, digging or
augering machine used in the construction or alteration of wells.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.240 RATES, FEES AND CHARGES.

The rates, service charges, connection fees and
such other charges as provided for by this chapter shall be established by resolution of the Board and may be
amended by resolution of the Board at any time. Rates
charged may be fixed and classified according to the
type of use or the amount of geothermal heat used or
any combination thereof. Such rates, fees and charges
shall not be changed without a public hearing first
being held before the Board. Such hearing shall be
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Geothermal Resources 17
advertised by published notice in a local newspaper of
general circulation not less than ten days prior to the date of such hearing, and in the geothermal heating
bills sent to users during the period of 30 days prior to the date of the hearing. Such notices shall set forth the time and place of the hearing and a summary of said
amendment.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.250 SERVICE MAP - ADOPTION OF
STANDARDS.
(A) San Bernardino geothermal heating service
map. The locations of heating service facilities are
established on the map entitled “San Bernardino
Geothermal Heating Service Map,” as presently on file
in the Geothermal Data Center, which map is
incorporated herein by reference. The map shall
hereinafter be referred to as the “heating service
map,” and shall be maintained on file in the
Geothermal Data Center. Any revisions or
replacement of this map shall be approved by
ordinance and shall be likewise filed and incorporated
into this chapter by reference.
(B) City Municipal Water Department
geothermal heating user service pipeline connection
standards. Pipeline connection standards shall be
established by the General Manager.
(C) City Municipal Water Department standards
for maintenance related surface discharge. The
General Manager may establish standards for
maintenance related surface discharges.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.260 CONFORMITY WITH GENERAL
PLAN AND OTHER ORDINANCES.

All actions pursuant to this chapter and all uses of
land in conjunction herewith shall conform to Title 19
of this code, the city’s general plan, all other
applicable code provisions and ordinances and
applicable state statutes.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.270 APPEAL OF ADMINISTRATIVE
DECISIONS.

Any decision rendered by administrative officials
of the Department pursuant to this chapter may be
appealed to the Board. Such appeal shall be in writing, shall identify the administrative decision appealed
from, the specific grounds for appeal and shall be filed with the General Manager not more than 14 days
following the date of the notice to the affected party of the administrative decision. The Board shall consider
the appeal at its next regular meeting following the
filing of the appeal, and upon considering all pertinent testimony and evidence, may sustain, modify or
reverse the decision appealed from. The Board shall
provide a written report of its decision to the affected party by certified mail within five days of the Board’s action.
(Ord. MC-298, passed 8-17-1983)
ARTICLE II. CITY HEATING SERVICE
§ 13.20.280 ADMINISTRATIVE

ORGANIZATIONS AND PRINCIPAL
FUNCTIONS.
(A) Officials. The Board shall act as the
governing body of the heating service, and the General
Manager shall act as the chief administrative officer of the service.
(B) Assignment of organizational responsibilities.

The General Manager may delegate
or assign responsibilities for heating service functions and activities to such divisions and personnel as the
General Manager may deem appropriate or necessary.
(C) Principal functions and activities. The
principal functions and activities of the heating service shall include, but not be limited to:
(1) The exploration for and confirmation of
geothermal resources and/or ground waters;
(2) The monitoring of geothermal and/or
ground water reservoirs and the management of
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18 San Bernardino - Public Utilities
reservoir activities, so as to promote stable reservoir conditions and enhance reservoir productivity;
(3) The supplying, furnishing and selling of
geothermal heat to city inhabitants;
(4) The supplying, furnishing and selling of
any surplus geothermal heat over and above the
heating needs of the city to persons outside the city,
and for purposes deemed appropriate by the Board;
(5) The establishment and maintenance of
a Geothermal Data Center, where local geothermal
information and all geothermal records authorized or
required by this chapter shall be kept and made
available for public inspection and reproduction; a
registry of local wells and geothermal facilities shall be established and maintained at the Geothermal Data
Center;
(6) The sponsoring of and participation in
the scientific study and demonstration of geothermal
resources and technologies;
(7) Geothermal disposal drainage work as
authorized by city; and
(8) All other acts and things which may be
requisite, necessary or convenient in carrying out the
purpose of this chapter and state law.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.290 BOUNDARY.
(A) Establishment. The heating service boundary
shall encompass all land within the corporate limits of the city, as now or hereafter constituted, excluding all railroad rights-of-way pursuant to state law, unless the owner of the railroad property expressly consents to its inclusion.
(B) Extension of service outside city boundary.

Service shall normally be available only to users
located within the city boundary. However, the Board
may, by contract, extend service outside the boundary
in cases where such extension is deemed in the best
interests of the city, but only after determining that
such service capability is based upon a surplus of
geothermal heat existing over and above any and all
demands of the users within the city boundary.

Contracts for service outside the city boundary shall
condition continued service upon the continuance of
the surplus over city needs.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.300 FINANCES.
(A) Operational financing. Heating service
operations and maintenance, within or without the city
boundary, may be financed by one or more, or any
combination, of the following methods:
(1) Such rates, fees and charges as may be
required by this chapter;
(2) Annual ad valorem taxation in an
amount which shall not exceed the true cash value of
all taxable property within the city;
(3) General obligation bonds, upon
authorization of the city’s voters, in an amount which
shall not exceed in the aggregate 10% of the true cash
value of all taxable property within the city; such
general obligation bonds may be additionally secured,
by resolution of the Board, by pledging all or any part of the net revenue of the city’s heating service;
(4) Refunding bonds, of the same character
and tenor as those general obligation bonds replaced
thereby, by resolution of the Board;
(5) Revenue bonds pledging the gross
revenues of the city’s heating service, if approved by
the Council;
(6) Federal and state grants-in-aid, and
private endowments; and
(7) All other legal means.
(B) Improvement financing. Heating service
improvements, within or without the city boundary,
and including, but not limited to, the purchase, lease
or acquisition of real estate or equipment, and the
planning, design, construction, reconstruction,
extension, enlargement, purchase, lease or acquisition
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Geothermal Resources 19
of geothermal facilities, may be financed by one or
more, or any combination, of the following methods:
(1) Such rates, fees and charges as may be
required by this chapter;
(2) Annual ad valorem taxation, as specified
in division (A)(2) above;
(3) General obligation bonds, as specified
in division (A)(3) above;
(4) Revenue bonds secured by all or any
part of the heating service’s gross revenues subject to approval of the Council; such revenue bonds shall not
be subject to the percentage limitations applicable to
general obligation bonds, but shall be payable solely
from such part of the revenues of the heating service;
(5) Refunding bonds, of the same character
and tenor as those revenue bonds replaced thereby, by
resolution of the Council;
(6) Special assessments, pursuant to laws of
the state, and city procedures for local improvement
districts;
(7) Federal and state grants-in-aid, and
private endowments; and
(8) All other legal means.
(C) Special bond retirement financing. The city
may, by Council resolution, annually tax all taxable
property within the city, in an amount sufficient to pay the annual interest on general obligation bonds
theretofore issued by the city and then outstanding,
together with any portion of the principal of such
bonds maturing within the year.
(D) Refund of certain heating pipeline extension
costs. If any person is required by the Board, to
advance to the Board, the cost of extending a
geothermal heating pipeline adjacent to property other
than his or her own so that geothermal heating service
is provided for such other property without further
extension of the geothermal heating pipeline, the
Board shall require the owner of the other property,
prior to providing geothermal heating service to that
property, to pay to the Department a pro rata portion
of the cost of the extension, from which the Board
may refund all or a portion of such funds so advanced.

The right to require shall not continue for more than
ten years after the date of installation of the extension of the geothermal heating pipeline. The amount to be
refunded shall be determined by Board resolution.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.310 AUTHORIZED FACILITIES AND
OTHER HEAT SOURCES.
(A) Authorized facilities. In performance of the
functions and activities specified in § 13.20.280(C),
the Board may plan, design, construct, acquire, lease,
operate, maintain and improve a system of geothermal
facilities, which may include, but need not be limited
to, wells; heat exchangers; pumps for fluid extraction, circulation and injection; pipelines for conveying
fluids; disposal facilities; tanks for storing fluids; fluid or heat metering devices; and various testing
instruments and system control devices.
(B) Other heat sources. The Board may
authorize, by contract, the Department’s purchase and
distribution of heat generated by sources other than the city’s wells, in order to supplement the city’s
geothermal heat.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.320 IMPROVEMENT PROCEDURES.
(A) Authority to initiate improvement projects.

Improvement projects for the heating service shall be
initiated by the Board, upon its own motion or upon
the written petition of the owners of one-half of the
property that benefits specifically by the proposed
improvement. A study will be initiated by the Board to
assess economic feasibility.
(B) Compliance with state siting requirements.

All contemplated improvements shall comply with
applicable statutes and regulations of the state.
(C) Procedures for special assessments.

Whenever any heating service improvement is to be
paid for in whole or in part by special assessments
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20 San Bernardino - Public Utilities
according to benefits, the Board shall administer such
assessment procedure in accordance with state law and
this code, and such other Board procedures applicable
to local improvement districts. Such assessments as are approved by the Board shall be subject to confirmation
by the Council.
(D) Means of improvements. The construction
work for improvements will be done in whole, or in
part, by the Board, by a contract or by any other
governmental agency, or by any combination thereof,
as authorized by the Board.
(E) Acquisition of private wells and geothermal
facilities. As provided for in § 13.20.300(B), the
Board may purchase, lease or receive as a gift, any
privately owned wells and/or geothermal facilities
within or without the city boundary, for purposes of
improving the heating services principal functions and
activities.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.330 SERVICE CONNECTION
PROCEDURES.
(A) Application procedure. Any person desiring
to connect a user pipeline to the city’s heating
distribution pipeline, or to connect a secondary use to a user’s discharge pipeline, may apply for such service connection with the Department on forms provided for
that purpose. The Department shall approve or deny
said application, in writing, within 14 days of its
filing.
(B) Service connection fees. Upon approval of a
service connection application, the applicant shall
remit a connection fee to the Department in an amount
to be established by resolution of the Board.
(C) Voiding. Failure to remit the fee in full, or
otherwise comply with fee requirements, within 14
days of the date of application approval, shall render
said approval void. The applicant shall be given
written notice of such voiding by certified mail.
(D) Service connection standards and
inspections. All user service pipeline connections to
the heating service system, including secondary use
connections, shall be completed under procedures
promulgated by the Department. All completed and
approved user service pipeline connections shall
remain inoperable, by Department deactivation of the
city heat meter, until such time as a service account is activated by the Department. All completed and
approved service connections shall be used only for the purpose expressly cited in the connection permit;
service users shall not, in any manner, otherwise
connect or divert the heat or fluid provided by the
service connection. The city shall not be liable for the materials, workmanship, operation or maintenance,
relating to the user service pipeline or to private
heating or cooling equipment installed beyond the
city’s service connection.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.340 USER SERVICE PROCEDURES.

The Board shall establish application procedures,
required service deposits, billing procedures, service
charges and procedures for delinquent accounts.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.350 TERMS AND CONDITIONS OF
HEATING SERVICE.

All heating services provided by the city shall be
subject to the following terms and conditions.
(A) Service accounts with all users outside the
city boundary shall be subject to immediate
cancellation of service whenever there exists no
surplus supply, of heat over and above any and all
demands of users within the city boundary.
(B) The Board reserves the right to cease
operation of the heating system, or any part thereof,
and cancel such services as may be provided by the
system, for reasons of emergency maintenance or
repairs as authorized by the General Manager. The
General Manager shall diligently endeavor to provide
user and public notice prior to such emergency actions
at the earliest time and most comprehensive extent.
(C) The city may, by Board resolution, establish
regular seasonal periods of heating service operation
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Geothermal Resources 21
and non-operation.
(D) The city shall assume no liability
whatsoever, direct or implied, for any user damages or
injuries incurred as a result of heating service
interruption or cancellation, when such interruption or cancellation is due to circumstances beyond the control of the city, or due to operational actions authorized by this chapter.
(E) The city shall not warrant or guarantee the
temperature or chemical quality of the fluid delivered
to users, but shall advise of the temperature or
chemical quality of the fluid delivered to the users as they occur. The city shall not assume any liability
whatsoever, direct or implied, for corrosion, scaling
or similar physical degradation of user pipelines or
private heating or cooling equipment utilized beyond
each service connection.
(F) Force majeure: natural catastrophe, or other
causes beyond the reasonable control of the parties,
which prevent the Board from providing, or the user
from accepting, any of the Board’s services covered by
this chapter, shall operate to suspend the obligations of the user and the Board during the period required to
remove such cause; provided it is immediately
reported in writing within 48 hours of specific cause.
(Ord. MC-298, passed 8-17-1983)
ARTICLE III. GEOTHERMAL AND GROUND

WATER RESERVOIR MANAGEMENT
§ 13.20.360 RESERVOIR MANAGEMENT
POLICY.

In furtherance of the purposes of this chapter, it
shall be the policy of the city, in exercise of its powers to provide for the public health, safety and welfare,
that all wells existing on the effective date of this
chapter, and those constructed or altered thereafter, be used in such a manner as to:
(A) Conserve and protect the geothermal fluids
and ground water within and adjacent to the city, in
order to enhance reservoir productivity and benefit;
prevent wasteful extraction and disposal of geothermal
fluids and thermal ground water; prevent geothermal
fluid and thermal ground water temperature
degradation; maintain stable static levels of geothermal fluids and thermal ground waters; prevent thermal
pollution of surface environs and waters; and prevent
harmful intermixing of geothermal fluids or thermal
ground water with non-thermal ground waters;
(B) Allow continued individual inhabitant
utilization of geothermal fluids and thermal ground
water for residential, commercial, industrial and other legitimate beneficial purposes;
(C) Increase and disseminate the scientific
knowledge of geothermal and ground water resources;
and
(D) Protect the public health, safety and welfare
from improperly constructed, operated, maintained or
abandoned wells.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.370 EXISTING WELLS.
(A) Existing wells meaning. All wells existing or
under construction within the city on the effective date of this chapter shall be known as existing wells, and
shall be subject to the requirements of this article.
(B) Registration of existing wells. Owners of
existing wells, within and without the city, may
register their wells with the Geothermal Data Center
as soon as this chapter becomes effective. Such
registration shall be voluntary and without cost to the owner, and shall be for purposes of providing
information to the Geothermal Data Center in
accordance with § 13.20.280(C)(5). Said registration
shall be on forms supplied by the Geothermal Data
Center for that purpose, and may include, but not be
limited to, the name and address of the owner, specific location of the well, date of construction, depth and
diameter of the well, specifications of casing, bottom
hole temperature, static fluid or water level, type of
geothermal utilization system, accessibility for
monitoring devices and disposal method, if any. The
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22 San Bernardino - Public Utilities
General Manager shall direct reasonable public notice
to the city’s inhabitants at large, explaining the
registration program and encouraging participation.
(C) Existing surface discharge elimination. In
order to eliminate the wasteful and harmful effects of
thermal fluid or water surface discharges, any well or
geothermal facility discharging geothermal fluids or
thermal ground water onto the surface of the ground or
into any public ditch or drainage facility, on the
effective date of this chapter, shall be brought into
conformity with all applicable environmental
requirements within one year of such effective date.

The General Manager shall cause such discharging
wells or facilities to be identified by the Geothermal
Data Center, and shall cause to be offered technical
assistance to affected owners during the conversion or
abandonment of such discharging wells or facilities.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.380 NEW WELLS.
(A) New wells meaning. All wells constructed or
altered within the city subsequent to the effective date of this chapter shall be known as new wells, and shall
be subject to the requirements of this article.
(B) Application for well permit. In addition to all
applicable state and federal requirements, any person,
except the Board, desiring to construct, install or alter a well within the city shall first apply for a well permit at the Geothermal Data Center on forms provided for
that purpose by the Geothermal Data Center. Well
contractors or drilling operators shall not commence
construction or alteration of a well prior to the owner of a proposed well receiving a well permit.
(C) Application fee. All applications for a well
permit shall be accompanied by an application fee
established by Board resolution.
(D) Application review. The General Manager
shall review each application to determine any
potential impacts upon the city heating service; any
potential for adverse effects to the surrounding
reservoir and other wells; conformity with city plans
and ordinances; and to assure registration with the
Geothermal Data Center.
(E) Permit decision. No later than 21 days from
the date of filing a well permit application, using the criteria contained in division (F) below, the General
Manager shall notify the applicant, by certified mail,
of his or her decision, setting forth any conditions
imposed, and, if denied, the basis thereof. Any well
permit issued pursuant to this chapter is in addition to any permits required by state and federal regulations.
(F) Permit decision criteria. Permit decisions
pursuant to division (E) above shall contain written
findings for approval or denial which may include, but
are not limited to, the following criteria:
(1) The estimated hydrological impacts of
the proposed wells operation upon the reservoir and
surrounding wells;
(2) The adequacy of provisions for
environmental protection and public safety;
(3) The compliance of the proposed well
and its use with this chapter, the city’s general plan
and all other applicable city laws, ordinances and
regulations; and
(4) Such other reservoir management
criteria as may be deemed directly relevant to the
proposed well or its operation.
(G) Appeal of permit decision. Applicants or
other affected persons may appeal the permit decision
to the Board in accordance with § 13.20.270.
(H) Authority to attach conditions to permits.

When the General Manager determines that certain
construction or operational conditions are necessary to assure the conservation and protection of thermal
ground water and/or geothermal resources, or to
assure the conservative and efficient utilization of said water and/or resources, the General Manager may
stipulate conditions within a well permit issued
according to division (E) above; such conditions may
include, but are not limited to:
(1) Restrictions on hours of well
construction, with appropriate requirements for noise
muffling and waste disposal necessary to assure
compatibility with surrounding land uses;
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Geothermal Resources 23
(2) Well casing requirements above and
beyond state requirements, necessary for ground water
and geothermal fluid protection;
(3) Restrictions on pumping, heat
exchanging, storage and injection operations necessary
for the conservation or protection of ground waters
and geothermal fluids; and
(4) Requirements for scientific sampling,
testing or monitoring necessary to conserve or protect
ground water or geothermal fluids, or to determine the
permitted wells impacts on such water or fluids.
(I) Completion inspection. Upon completion of
any well construction or alteration, but prior to any
testing or commencement of regular use, the owner
shall promptly notify the Geothermal Data Center to
request a well completion inspection. Promptly after
receiving such request, the Board shall cause an
inspection and written report thereof to be made for
purposes of assuring compliance with this chapter and
registration with the Geothermal Data Center. Notice
of well pump testing shall be given in accordance with
§ 13.20.400(C).
(J) New surface discharges. Any well or
geothermal facilities constructed or altered after the
effective date of this chapter shall be operated or
altered in such a manner as to conform with applicable
environmental rules and regulations. Surface
discharges for maintenance purposes shall be
conducted in accordance with applicable environmental
rules and regulations.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.390 INJECTION WELLS.

Filing of application copy: all wells constructed,
operated or maintained for purposes of injecting
geothermal fluids or ground water into the ground
shall comply with applicable state statutes and rules
relating to injection.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.400 RESOURCE DATA COLLECTION.
(A) Annual well survey. The Geothermal Data
Center, in accordance with § 13.20.280(C), shall
annually mail to all registered well owners, within and without the city, a questionnaire to update original
registration information and to document, to the extent possible, well operation characteristics of the
preceding year. Scheduling of the survey shall be
determined by the General Manager and response to it
shall be voluntary. The city may issue such surveys on
a more frequent and geographically selective basis
when investigating specialized geothermal or ground
water matters.
(B) Well-drilling data. A copy of all well logs
prepared in accordance with state or city law shall be
furnished to the Geothermal Data Center within 30
days after the completion of the well construction or
alteration by the well contractor or drilling operator. (C) Well maintenance or pumping notice. No less
than 24 hours prior to performing any well
maintenance or maintenance-related well pumping
within the city, the person performing said work shall
notify, telephonically or by written or personal
message, the Geothermal Data Center. Such
notification shall include, but need not be limited to, the nature of maintenance or pumping to be
performed, well location, name of owner and the
approximate duration of the work. Notice of
maintenance necessary for emergency reasons for
which advance notice was impossible may be given to
the Geothermal Data Center as soon as such
emergency conditions will reasonably permit.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.410 CITY INSPECTION AND

MONITORING OF WELLS AND
GEOTHERMAL FACILITIES.
(A) In connection with the principal functions
and activities of the city heating service, Board
officials may enter upon any property within the city
for purposes of inspecting wells and geothermal
facilities, or monitoring the operational characteristics of such wells and facilities, when such inspection and
monitoring is reasonably necessary to the assessment
of ground water or geothermal fluid temperatures,
chemistry, static levels, quantities and movements; the Packet Page 1236
24 San Bernardino - Public Utilities
assessment of land subsidence or erosion; or the
assessment of other indices related to geothermal or
ground water reservoir management, or protection of
the public safety and welfare.
(B) The Board shall provide affected property
owners with reasonable prior notice of any intended
inspection or monitoring, describing the nature,
purpose and duration of the necessary inspection or
monitoring; such inspections or monitoring shall be
conducted in accordance with applicable city and state
procedures for inspection warrants, if the land owner
or other person in possession objects to any such
inspection or monitoring.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.420 WASTEFUL OR DEFECTIVE
WELLS - REPAIR - VIOLATION.

Whenever the General Manager determines that
any well within the city is, by nature of its
construction, installation or operation, causing
wasteful use of thermal ground water or geothermal
fluids, or is adversely interfering with other wells, or is polluting ground water or surface water, the General Manager shall promptly notify the affected owner, by
certified mail, of the wasteful or defective well, and
require said owner to repair or adjust the well within
60 days. It is unlawful to fail to repair a well or to
continue a wasteful or defective operation after
expiration of the 60 days following notification.

AndAny violation of this section is an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. MC-298, passed 8-17-1983; Ord. MC-460,
passed 5-15-1985)
ARTICLE IV. PRIVATE HEATING SERVICES
§ 13.20.430 ESTABLISHMENT, SERVICES
AND CONDITIONS.
(A) Authorization for establishment. The Board
may, by resolution, authorize the establishment and
operation of private geothermal heating services within the city boundary upon application therefor by any
person. Such application shall be in a manner and
form prescribed by and filed with the General
Manager.
(B) Authorized services. Private heating services
may provide geothermal heating, when specifically
authorized by the Board, for the following uses:
(1) Less than six structures, excepting
structures containing accessory uses, as such uses are
defined in Title 19; and
(2) Six or more structures in new land
developments whose developers have also been
granted a franchise by the Board for the construction,
operation and maintenance of a private heating service.

Such franchise shall be individually negotiated between the Board and the developer; however, any such
franchise shall contain the following minimum
provisions: the franchise shall be for no longer than 20 years; the franchise shall require that such land
developer compensate the Board annually with a
franchise fee in an amount to be negotiated; and that
such franchised geothermal heating systems shall be
subject to board acquisition at depreciated fair market value upon the expiration of the franchise.
(C) Conditions of authorization. All private
heating services authorized by the Board shall be
subject to the following conditions:
(1) All private heating service plans,
improvements, construction, facilities, operations,
maintenance and scientific research shall comply with
Title 19, this chapter and all other applicable city
ordinances;
(2) All private heating service properties
and facilities shall be subject to Board inspection in
accordance with § 13.20.410; and
(3) All private heating services shall
maintain and make available for board inspection, such
operational and maintenance records as may be
stipulated by the Board at the time of authorization.
(D) Private heating service facility standards.

Private heating service facility standards and
Packet Page 1237
Geothermal Resources 25
improvement plans, including, but not limited to,
wells, pumps, pipelines, storage tanks, fittings and
control devices, shall be approved in writing by the
General Manager, prior to their acquisition,
construction, installation or operation.
(E) State jurisdiction. Board authorization shall
not relieve private heating services from requirements
which may be imposed upon public utility or private
heating services by state statutes or rules.
(Ord. MC-298, passed 8-17-1983)
ARTICLE V. ENFORCEMENT
§ 13.20.440 ENFORCEMENT.
(A) Responsible official. The General Manager,
or his or her authorized representative, shall be
responsible for enforcing this chapter.
(B) Violations. Any person violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(C) Equity. In addition to any other remedies
provided by law, the Board, or its authorized
representative acting for and on behalf of the Council, may institute injunction, mandamus, abatement or any
other appropriate proceedings to prevent or
temporarily or permanently enjoin or abate the
violation of any provisions of this chapter.
(D) User non-compliance. In addition to other
enforcement measures provided by this chapter, the
Board may discontinue heating service to any user who
fails to comply with provisions of this chapter after 14- day written notice to comply, sent by certified mail to said user. Said notice shall include an explanation of
the Board’s intent to discontinue service, and shall
offer the user an administrative hearing before an
authorized Board representative in order to resolve the dispute. If no hearing is requested, or if the hearing
fails to resolve the dispute, the Department may
proceed to discontinue service as scheduled.
(Ord. MC-298, passed 8-17-1983; Ord. MC-460,
passed 5-15-1985)
Packet Page 1238
26 San Bernardino - Public Utilities
Packet Page 1239
CHAPTER 13.24: WATER SUPPLY SYSTEM
Section[Reserved]
Editor’s note:

In accordance with § 603 of the City Charter, the Water Board shall be responsible for oversight and management of the city's water supply, including the regulation of water facilities. Any rules or regulations promulgated by the Water Board in connection with its powers under § 603 of the City Charter may be enforced as laws of the city in accordance with Chapter 2.28 of this municipal code.

13.24.010 Purpose

13.24.020 Definitions

13.24.030 Investigation of facilities and
distribution system

13.24.040 Reports

13.24.050 Administrative variance

13.24.060 Hearing upon suspension, denial
or revocation of permit

13.24.070 Water Hygiene Standards
Advisory Committee

13.24.080 Responsibility of enforcement

13.24.090 Design, construction, operation,
maintenance, repair and
monitoring standards

13.24.100 Permit - required

13.24.110 Permit - conditions of approval

13.24.120 Permit - temporary

13.24.130 Permit - denial

13.24.140 Permit - revocation

13.24.150 Modifications to system - notice
required

13.24.160 Monitoring

13.24.170 Water quality standards

13.24.180 Water quantity, source and storage
requirements

13.24.190 Required separation between water
mains and sanitary sewers

13.24.200 Backflow and cross-connection
control

13.24.210 Treatment facilities and operation

13.24.220 Correction of sanitary defects and
health hazards

13.24.230 Notification of failure to meet
water quality standards

13.24.240 Permits for wells - required

13.24.250 Permits for wells - application

13.24.260 Permits for wells - conditions for
approval

13.24.270 Permits for wells - denial

13.24.280 Licensing and registration of water
well drillers and contractors

13.24.290 Standards for construction of wells

13.24.300 Lateral (horizontal) well standards

13.24.310 Approval of well site

13.24.320 General location of water well

13.24.330 Log of well

13.24.340 Well surface construction features

13.24.350 Disinfection of water wells

13.24.360 Water quality standards

13.24.370 Required inspection of wells

13.24.380 Approval of wells by Director

13.24.390 Well abandonment

13.24.400 Declaration of proposed reuse of
wells

13.24.410 Duties of Director

13.24.420 Director’s right of entry

13.24.430 Violation - right of entry - penalty

13.24.440 Reserved
§ 13.24.010 PURPOSE.

The purpose of this chapter is to assure that the
water furnished or supplied by the domestic water
supply system, under the jurisdiction of the city, shall, 27 Packet Page 1240
28 San Bernardino - Public Utilities
at all times, be pure, wholesome, potable, healthful
and in adequate supply and to provide minimum
standards for construction, reconstruction,
abandonment and destruction of wells in order to:
(A) Protect underground water resources; and
(B) Provide safe water to persons within the city.
(Ord. 3475, passed 1-22-1975)
§ 13.24.020 DEFINITIONS.

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

ABANDONED WELL and ABANDONMENT.

Apply to a well which has not been declared for reuse
by the legal owner with the Director. Test holes and
exploratory holes shall be considered ABANDONED
24 hours after construction and testing work has been
completed. A well whose original or functional
purpose and use have been permanently discontinued
or which is in such a state of disrepair that it cannot be made functional for its original purpose or any other
function regulated by this chapter shall be considered
an ABANDONED WELL.

AGRICULTURAL WELL. Any water well used
to supply water for irrigation or other agricultural
purposes, including so-called “stock wells.”
CATHODIC PROTECTION WELL. Any
artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or
facilities for the protection electrically of metallic
equipment in contact with the ground, commonly
referred to as cathodic protection.

COMMUNITY WATER SUPPLY WELL. Any
well which provides water for domestic water supply
systems.

CONTAMINATION. An impairment of the
quality of water of the city by wastes or other
degrading elements to a degree which creates a hazard
to the public health through the possibility of poisoning or through the possibility of the spreading of disease.

CROSS-CONNECTION. Any unprotected
connection between any part of a water system used or
intended to supply water for domestic purposes and
any source or system containing water or other
substance that is not or cannot be approved as safe,
pure, wholesome and potable for human consumption.

CUSTOMER SYSTEM. Those parts of the
facilities beyond the termination of the distribution
system which are utilized in conveying water to points
of use beyond point of delivery.

DEPARTMENT. The County Department of
Environmental Health Services.

DIRECTOR. The County Director of
Environmental Health Services, or his or her duly
authorized representative.

DISTRIBUTION SYSTEM. Includes the
facilities, conduits or any other means used for the
delivery of water from the source facilities to the
customer’s system.

DOMESTIC WATER SUPPLY SYSTEM. Any
water system serving two or more places of human
habitation where the places are connected by an
integrated pipe system owned and operated by the
supplier, and all motels, hotels, mobile home parks,
campgrounds, resorts and any other places that provide
domestic water to their consumers, tenants, renters or
customers from a water source other than a water
utility operating under a valid permit.

INDIVIDUAL DOMESTIC WELL. Any well
used to supply water for domestic needs of an
individual residence or commercial establishment.

LATERAL (HORIZONTAL) WELL. A well
drilled or constructed horizontally or at an angle with the horizon as contrasted with the common vertical
well and does not include horizontal drains or “wells”
constructed to remove subsurface water from hillsides,
cuts or fills.

OBSERVATION WELL. A well used for
monitoring or sampling the conditions of a
water-bearing aquifer, such as water pressure, depth,
movement or quality.

Packet Page 1241
Water Supply System 29
PERSON. Any individual, firm, corporation or
governmental agency.

POLLUTION.
(1) Means an alteration of the quality of the
waters of the city by waste to a degree which affects:
(a) Such waters for beneficial uses; or
(b) Facilities which serve such
beneficial uses.
(2) POLLUTION may include
CONTAMINATION.

SOURCE FACILITIES. Includes wells, stream
diversion works, infiltration galleries, springs,
reservoirs, tanks and all other facilities used in the
production, treatment, disinfection, storage or delivery of water to the distribution system.

TEST HOLE or EXPLORATORY HOLE. An
excavation used for determining the nature of
underground geological or hydrological conditions,
whether by seismic investigation, direct observation or any other means.

USER. Any individual, firm, corporation or
governmental agency using water for domestic
purposes except that USER shall not be defined to
include any individual, firm, corporation or
governmental agency furnishing or supplying water to
the public in any manner.

WELL or WATER WELL. Any artificial
excavation constructed by any method for the purpose
of extracting water from, or injecting water into, the
ground. This definition shall not include:
(1) Oil and gas wells, or geothermal wells
constructed under the jurisdiction of the State
Department of Conservation, except those wells
converted to use as water wells; or
(2) WELLS used for the purpose of:
(a) Dewatering excavation during
construction; or
(b) Stabilizing hillsides or earth
embankments.
(Ord. 3475, passed 1-22-1975)
§ 13.24.030 INVESTIGATION OF FACILITIES
AND DISTRIBUTION SYSTEM.

Upon receipt of application for a permit pursuant
to this chapter, the Department shall make a thorough
investigation of the proposed or existing source
facilities and distribution system and all other
circumstances and conditions which it deems material.
(Ord. 3475, passed 1-22-1975)
§ 13.24.040 REPORTS.

The Department may require any permit holder or
applicant to file a complete report on the condition and operation of the source facilities and distribution
system. The report shall be made in such form and
cover such matters as the Department prescribes and
by a suitably qualified person acceptable to the
Department at the sole cost and expense of the permit
holder or applicant.
(Ord. 3475, passed 1-22-1975)
§ 13.24.050 ADMINISTRATIVE VARIANCE.

The Director may grant an administrative
variance to the provisions of this chapter where
evidence is submitted that a modification of the
standards, as provided herein, will not endanger the
health or safety of the public generally and strict
compliance would be unreasonable in view of all the
circumstances.
(Ord. 3475, passed 1-22-1975)
§ 13.24.060 HEARING UPON SUSPENSION,
DENIAL OR REVOCATION OF PERMIT.

Any person whose application for a permit, or
permit has been suspended, denied or revoked, may
request the Department for a hearing. The person shall
file with the Department a written petition requesting
the hearing and setting forth a brief statement of the
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30 San Bernardino - Public Utilities
grounds for the request. Notice of the hearing shall be given the applicant not less than five days prior to such hearing either by registered mail or in the manner
required for the service of summons in civil action. At the time and place set for the hearing, the Director will give the applicant and other interested persons an
adequate opportunity to present any facts pertinent to
the matter at hand. The Director may, when he or she
deems it necessary, continue any hearing by setting a
new time and place and by giving notice to the
applicant of such action. At the close of the hearing or at any time within ten days thereafter, the Director
will order such disposition of the application or permit as he or she has determined to be proper and will
make such disposition known to the applicant.
(Ord. 3475, passed 1-22-1975)
§ 13.24.070 WATER HYGIENE STANDARDS
ADVISORY COMMITTEE.

The Water Hygiene Standards Advisory
Committee, consisting of seven persons who shall be
appointed by the County Board of Supervisors,
pursuant to the provisions of Division 6, Title 3 of the San Bernardino County Code, shall function as the
City Water Hygiene Standards Advisory Committee.
(Ord. 3475, passed 1-22-1975)
§ 13.24.080 RESPONSIBILITY OF
ENFORCEMENT.

The County Department of Environmental Health
Services shall have the responsibility to monitor and
enforce all applicable laws and orders for domestic
water supply systems with less than 200 service
connections and any motels, hotels, mobile home
parks, campgrounds, resorts and any other places that
provide water to its consumers, tenants, renters or
customers from a source other than a water utility
operating under a valid permit.
(Ord. 3475, passed 1-22-1975)
§ 13.24.090 DESIGN, CONSTRUCTION,

OPERATION, MAINTENANCE, REPAIR AND
MONITORING STANDARDS.

Minimum standards for the design, construction,
operation, maintenance, repair and monitoring for
domestic water systems requiring a permit by this
chapter shall also include those standards in the Cal.

Health and Safety Code, Division 5, Part 1, Chapter
7, “Water and Water Systems”; and Cal.

Administrative Code, Title 17, Part 1, Chapter 5,
Subchapter 1:
(A) Water Quality Monitoring, §§ 7001—7025;
(B) Water Quality Standards, §§ 7001—7025;
(C) Waterworks Standards, §§ 7050—7081;
(D) Cross-Connection Control, §§ 7583—7622;
and
(E) Operator Certification, §§ 7100—7134.
(Ord. 3475, passed 1-22-1975)
§ 13.24.100 PERMIT - REQUIRED.

It is unlawful for any person to furnish or supply
water to a user for domestic purposes from any source
of water supply unless he or she first files a written
application to do so with the Department and receives
and possesses a valid permit as provided in
§§ 13.24.110 through 13.24.140.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.110 PERMIT - CONDITIONS OF
APPROVAL.

Permits shall be issued subject to compliance with
the standards provided in this chapter and with the
submission and subsequent approval by the
Department of plans demonstrating compliance with
these standards, except where such standards shall be
inapplicable or modified as expressly provided for in
this chapter. Permits may also include any other
condition or requirement found by the Department to
be necessary to accomplish the purpose of this chapter. (Ord. 3475, passed 1-22-1975)
Packet Page 1243
Water Supply System 31
§ 13.24.120 PERMIT - TEMPORARY.

The Department may, for good cause, grant a
temporary permit to any person who has filed an
application for a permit, as provided in § 13.24.100,
upon such terms as it determines are in the public
interest pending completion of the investigation
required by § 13.24.030.
(Ord. 3475, passed 1-22-1975)
§ 13.24.130 PERMIT - DENIAL.

If, upon the completion of the investigation, the
Department determines, as a fact, that the water
furnished or supplied or proposed to be supplied is
such that under any circumstances and conditions it is
impure, unwholesome, unpotable or may constitute a
menace or danger to health or lives of human beings,
or the existing or proposed source facility or
distribution system is unhealthful or insanitary or not suited to the production and delivery of pure,
wholesome, potable and healthful water at all times, it shall deny the application and order the applicant to
make such changes as it deems necessary to secure a
continuous supply of pure, wholesome, potable and
healthful water.
(Ord. 3475, passed 1-22-1975)
§ 13.24.140 PERMIT - REVOCATION.

Any permit issued may be revoked or suspended
by the Department at any time if it determines that the water being supplied or furnished by the permittee is
or will become impure, unwholesome, unpotable or
endanger the lives or health of human beings.
(Ord. 3475, passed 1-22-1975)
§ 13.24.150 MODIFICATIONS TO SYSTEM -
NOTICE REQUIRED.

It is unlawful for any person to modify, add to or
change his or her source facilities or distribution
system until he or she notifies the Department, submits information required by the Department and receives
approval from the Director authorizing such
modifications, additions or changes.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.160 MONITORING.

Any person who furnishes or supplies water to a
user for domestic purposes shall provide, at such
person’s expense, analysis of such water to the
Department as per Cal. Administrative Code, Title 17,
“Domestic Water Supplies Quality and Monitoring.”
(Ord. 3475, passed 1-22-1975)
§ 13.24.170 WATER QUALITY STANDARDS.

All water sources used for domestic water supply
shall meet the minimum standard in Cal.

Administrative Code, Title 17, “Domestic Water
Supplies Quality and Monitoring.”
(Ord. 3475, passed 1-22-1975)
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32 San Bernardino - Public Utilities
§ 13.24.180 WATER QUANTITY, SOURCE AND
STORAGE REQUIREMENTS.

The quantity of water available from all water
sources and distribution storage reservoirs shall be as per Table 1 and Table 2 below.

Table 1
Gravity Storage System
Source and Storage Capacity
Minimum Use
Recreational Dwelling with No Irrigation
Median Use
Typical or Average Residence and
Lot
High Use
Residence with Large Lot
No. of Service
Connections
Source
Capacity (gpm)
Storage
Capacity (gals)
Source
Capacity (gpm)
Storage
Capacity (gals)
Source
Capacity (gpm)
Storage
Capacity (gals)
10 11 3,500 17 4,000 28 4,900
20 19 6,900 32 7,800 53 9,600
30 26 10,100 45 11,400 75 14,100
40 33 13,100 57 14,800 95 18,400
50 40 15,900 69 18,000 115 22,500
60 46 18,500 80 21,000 134 26,400
70 52 20,900 90 23,800 151 30,200
80 58 23,100 100 25,400 167 33,900
90 64 25,100 109 27,800 181 37,500
100 69 27,000 117 30,100 195 41,000
120 74 30,500 133 34,500 220 47,700
140 79 33,600 149 38,900 245 54,000
160 84 36,400 165 43,300 270 59,900
180 89 39,200 181 47,700 295 65,400
200 94 42,000 197 52,200 320 70,500
“Source and Storage Design Guide for Small Water Systems,” State of California, State Department of Health,
Water Sanitation Section, 1967
Ord. 3475, passed 1-22-1975
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Water Supply System 33
Table 2
Pressure Tank System
Source Capacity
Minimum Use
Recreational Dwelling with No Irrigation
Median Use
Typical or Average Residence
and Lot
High Use
Residence with Large Lot
No. of Service Connections Source Capacity
(gal. per min.)
Source Capacity
(gal. per min.)
Source Capacity
(gal. per min.)
10 40 50 69
20 77 97 133
30 110 140 193
40 142 180 248
50 174 219 302
60 200 255 354
70 226 288 403
80 251 312 449
90 273 341 494
100 294 367 537
120 328 420 618
140 363 473 695
160 387 526 770
180 416 579 840
200 444 630 908
“Source and Storage Design Guide for Small Water Systems,” State of California, State Department of Health,
Water Sanitation Section, 1967
Ord. 3475, passed 1-22-1975
(Ord. 3475, passed 1-22-1975)
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34 San Bernardino - Public Utilities
§ 13.24.190 REQUIRED SEPARATION

BETWEEN WATER MAINS AND SANITARY
SEWERS.

Underground street utility location for water and
sewer mains shall conform to the standards contained
in the current County Road Department publication
entitled “Standard Specifications, Drawings 310 and
311;” the State Department of Health bulletin entitled
“Required Separation Between Water Mains and
Sanitary Sewers;” and any standards established by the
city.
(Ord. 3475, passed 1-22-1975)
§ 13.24.200 BACKFLOW AND
CROSS-CONNECTION CONTROL.

Every person furnishing or supplying water to
users shall, by approved methods, prevent water from
unapproved sources or any other substances from
entering the domestic water system and shall conform
to the standards of Cal. Administrative Code, Title 17, “Cross-Connection Control.”
(Ord. 3475, passed 1-22-1975)
§ 13.24.210 TREATMENT FACILITIES AND
OPERATION.

Treatment facilities and operation shall be
provided as required by the Department on a
case-by-case basis. Treatment of all surface waters
shall be provided and shall include, but not be limited to, reliable disinfection.
(Ord. 3475, passed 1-22-1975)
§ 13.24.220 CORRECTION OF SANITARY
DEFECTS AND HEALTH HAZARDS.

The Department may order such repairs,
alterations or additions to the proposed or existing
source facilities and distribution system as will ensure that the water furnished or supplied shall, at all times, be pure, wholesome, potable and healthful without
danger to the health of human beings.
(Ord. 3475, passed 1-22-1975)
§ 13.24.230 NOTIFICATION OF FAILURE TO
MEET WATER QUALITY STANDARDS.
(A) When it is determined by the Department
that it is in the public interest, the Department shall notify a person who has not met the standards of the
Department for water quality of such non-compliance,
and shall require such person to notify each of his or
her customers in writing of the Department’s
determination that the quality of the water fails to
comply with the standards, requirements or conditions
established by the Department and to include any
comments of the Department regarding the possible
dangers because of such non-compliance. The content
of such statement shall be approved by the Department
prior to distribution. Notification by such person shall be repeated at intervals as required by the Department
or until the Department determines that the quality of
the water complies with the standards or requirements
of the Department.
(B) Any person who fails to comply with the
provisions of this section is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(C) After 90 days from the date of notification
that the quality of domestic water fails to comply with the standards or requirements established by the
Department, the Department may bring an action in
the Superior Court where such person shall be
required to establish that he or she is not in violation of these requirements or that he or she has a
reasonable plan for bringing the source facilities,
distribution system and the domestic water into
compliance. If this is not established, a cease and
desist order shall be issued to prevent any new service connection by such person until such time that the
standards or requirements are met.

Packet Page 1247
Water Supply System 35
(D) If a reasonable plan is established, but is not
being complied with, the Department shall request that
the court review the person’s actions. If the court
determines that the plan is not being complied with, a
cease and desist order shall be issued as described in
division (C) above.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.240 PERMITS FOR WELLS -
REQUIRED.

It is unlawful for any person, as principal, agent
or employee, to dig, drill, bore, reconstruct or
destroy:
(A) A well that is or has been used to produce or
inject water;
(B) A cathodic protection well;
(C) An observation well; or
(D) An exploration well unless he or she first
files a written application to do so with the Department and receives and possesses a valid permit as provided
in this chapter.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.250 PERMITS FOR WELLS -
APPLICATION.

Applications for permits shall be submitted to the
Department and shall include the following:
(A) A plot plan showing the location for the well
with respect to the following items within a radius of
500 feet from the well:
(1) Property lines, including ownership;
(2) Sewage or waste disposal systems or
works for carrying or containing sewage or waste;
(3) All intermittent or perennial, natural or
artificial bodies of water or watercourses;
(4) The approximate drainage pattern of the
property;
(5) Other wells, including abandoned wells;
and
(6) Access road(s) to well site.
(B) Location of the property (legal description);
(C) The name and contractor’s license
classification, including number, of the person
constructing the well;
(D) The proposed or probable depth of the well;
(E) The proposed minimum depths and types of
casing and probable minimum depth of perforations to
be used if such data can be reasonably projected;
(F) The proposed use of the well;
(G) Where proposed work is reconstruction or
destruction of a well, provide the following, if
available:
(1) Total depth;
(2) Depth and type of casing used;
(3) Depth of perforations;
(4) Well log; and
(5) Any other pertinent information.
(H) Description of method of reconstruction or
destruction of well;
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36 San Bernardino - Public Utilities
(I) Location and classification of any solid waste
disposal sites within two miles of the proposed well;
and
(J) Other information as may be necessary to
determine if the underground waters will be adequately
protected.
(Ord. 3475, passed 1-22-1975)
§ 13.24.260 PERMITS FOR WELLS -
CONDITIONS FOR APPROVAL.

Permits shall be issued subject to compliance with
the standards provided in §§ 13.24.240 through

13.24.270 and with the submission and subsequent
approval by the Department of plans demonstrating
compliance with these standards, except that such
standards shall be inapplicable or modified as
expressly provided for in §§ 13.24.240 through

13.24.270. Permits may also include any other
condition or requirement found by the Department to
be necessary to accomplish the purposes of
§§ 13.24.240 through 13.24.270.
(Ord. 3475, passed 1-22-1975)
§ 13.24.270 PERMITS FOR WELLS - DENIAL.

If, upon the completion of the investigation, the
Department determines, as a fact, that the standards of this chapter have not been met, it shall deny the
application.
(Ord. 3475, passed 1-22-1975)
§ 13.24.280 LICENSING AND REGISTRATION

OF WATER WELL DRILLERS AND
CONTRACTORS.

It is unlawful for any person to engage in an
activity listed in this chapter unless he or she is in
compliance with the provisions of this chapter and has
a valid license in accordance with the California
Contractor’s State License Law (Cal. Business and
Professions Code, Division 3, Chapter 9), as
appropriate to the activity to be engaged in. Such a
person shall register with the Department prior to
commencing any activity regulated by this chapter.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.290 STANDARDS FOR CONSTRUCTION
OF WELLS.

Standards for the construction, reconstruction,
destruction or abandonment of wells shall be the
standards recommended in the State Department of
Water Resources Bulletin No. 74, Chapter II. For
cathodic protection wells, the standard shall be those
recommended in Chapter II of the State Department of
Water Resources Bulletin No. 74-1.
(Ord. 3475, passed 1-22-1975)
§ 13.24.300 LATERAL (HORIZONTAL) WELL
STANDARDS.

Location, design and monitoring of lateral wells
will be in accordance with the standards recommended
in the State Department of Health, Water Sanitation
Section, handout titled “Requirements for Use of
Lateral Wells in Domestic Water Systems.”
(Ord. 3475, passed 1-22-1975)
§ 13.24.310 APPROVAL OF WELL SITE.

Before construction begins on a well that is
intended to be part of a system that purveys domestic
water, the drilling site shall first be approved by the Director, or his or her representative. In the event that the well is to serve a system under the direct
jurisdiction of the State Department of Health, then
that agency may make site approval and notify the
Director of its approval or disapproval.
(Ord. 3475, passed 1-22-1975)
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Water Supply System 37
§ 13.24.320 GENERAL LOCATION OF WATER
WELL.
(A) (1) It is unlawful for any person to drill,
dig, excavate or bore any water well in any location in which sources of pollution or contamination are known
to exist or at such location whereby such water may
become contaminated or polluted even though the
wells were properly constructed and maintained.
(2) All wells shall be located an adequate
horizontal distance from potential sources of
contamination and pollution:
(a) Sewers, watertight septic tank or
pit privy, 50 feet minimum;
(b) Subsurface sewage leaching field,
100 feet minimum;
(c) Cesspool or seepage pit, 150 feet
minimum;
(d) Animals or fowl kept, 100 feet
minimum; and
(e) Any subsurface sewage disposal
system discharging 5,000 gallons per day or more, 200
feet minimum.
(B) Minimum distances from other sources of
pollution or contamination shall be as established by
the State Department of Health’s “Standards
Regarding Location of Public Water Supply Wells
With Respect to Sources of Contamination of
Pollution.”
(C) Where adverse or special hazards are
involved, the above distances shall be increased or
special means of protection, particularly in the
construction of the well, shall be provided as
determined by the Department.
(Ord. 3475, passed 1-22-1975)
§ 13.24.330 LOG OF WELL.
(A) Any person who has drilled, dug, excavated
or bored a well, subject to this chapter, shall, within 30 days after completion of the drilling, digging,
excavation or boring of such well, furnish the
Department with a complete log of such well. This log
shall include depths of formation, character, size
distribution, color for all lithological units penetrated, as well as the type of casing, the depth of the well, the number and location of the perforations in the casing
and any other data required by the Department. In any
areas where insufficient subsurface information is
available, the Department may require inspection of
the well log during any phase of the wells construction where required to achieve the purposes of this chapter
may require modification of the remaining planned
work.
(B) A copy of the log providing such information
submitted to concerned state agencies shall satisfy this requirement.
(Ord. 3475, passed 1-22-1975)
§ 13.24.340 WELL SURFACE CONSTRUCTION
FEATURES.
(A) Water well surface sealing. All water wells
drilled, dug, excavated or bored shall be provided
with: a watertight reinforced concrete slab of
minimum thickness of six inches, top of slab to be a
minimum four inches above ground level or floor level
at well site and slab shall extend horizontally at least three feet from the center of the well casing in all
directions, and the concrete slab shall adequately slope so as to drain water away from the well casing.
(B) Sample spigot. A sample spigot shall be
provided on the pump discharge line of any water well
used as a domestic water supply, as close to the pump
as practical and on the distribution side of the check
valve.

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38 San Bernardino - Public Utilities
(C) Check valve. A check valve shall be provided
on the pump discharge line as near the pump as
possible for all community water supply wells.
(D) Water well disinfection pipe. All community
water supply wells and individual domestic wells shall
be provided with a pipe or other effective means
through which chlorine or other disinfecting agents
may be introduced directly into the well. The pipe
shall be extended to a height equal to the pump slab or at least four inches above the finished grade, shall be kept sealed and shall be provided with a threaded or
equivalently secured cap.
(E) Water well master meter. A master meter or
other suitable measuring device shall be provided for
each source facility to register accurately the quantity of water delivered to the distribution system for all
community water supply wells.
(F) Air-relief vent. An air-relief vent, if used,
shall terminate downward and be screened and
protected against the possibility of contaminating
material entering the vent.
(Ord. 3475, passed 1-22-1975)
§ 13.24.350 DISINFECTION OF WATER
WELLS.

Every new, repaired or reconstructed community
water supply well or individual domestic well, after
completion of construction, repair or reconstruction,
and before being placed in service, shall be thoroughly cleaned of all foreign substances. The well, including
the gravel used in the gravel-packed wells, the pump,
pump column and all portions of equipment coming in
contact with well water shall be disinfected with a
solution containing at least 50 parts per million
available chlorine, which shall remain in the well for
a period of at least 24 hours or by an equivalent
method of disinfection satisfactory to the Department,
and such procedure shall be repeated, as necessary, to
produce water which is bacteriologically satisfactory
as set forth by Cal. Administrative Code, Title 17,
“Water Quality Standards.”
(Ord. 3475, passed 1-22-1975)
§ 13.24.360 WATER QUALITY STANDARDS.

Water from all new and reconstructed wells shall
be tested for chemical and physical quality in
accordance with Cal. Administrative Code, Title 17,
“Water Quality Standards,” by a laboratory approved
by the State Department of Health.
(Ord. 3475, passed 1-22-1975)
§ 13.24.370 REQUIRED INSPECTION OF
WELLS.

The Department shall be notified at least 24 hours
in advance to make an inspection of the following
operations:
(A) Prior to the sealing of the annular space or
filing of the conductor casing;
(B) After installation of the surface protective
slab and pumping equipment;
(C) During destruction of all wells, after the well
has been sealed as per the approved plans; and
(D) Any other operation which might be
stipulated on the permit by the Director to cope with
special or unusual conditions.
(Ord. 3475, passed 1-22-1975)
§ 13.24.380 APPROVAL OF WELLS BY
DIRECTOR.

No water from a new or reconstructed well shall
be used for domestic purposes until the well is given
final approval by the Director.
(Ord. 3475, passed 1-22-1975)
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Water Supply System 39
§ 13.24.390 WELL ABANDONMENT.

At the time of removal of a pump, the casing
shall be provided with an adequate cap at the surface
and shall be maintained so that it will not be a hazard to health or safety until such time that the abandoned
well is properly sealed from the bottom to the top. It
is unlawful to use an abandoned well for the disposal
of any waste material. If, after 30 days, the owner of
the well has not declared the well for proposed reuse
pursuant to § 13.24.400, then the well shall be
destroyed (sealed) pursuant to § 13.24.290. If an
abandoned well is found by the Director to be a
hazard, that by its continued existence causes
significant damage to the ground water or to the
health, safety or welfare of the people of this city, the Director shall direct the owner to destroy (seal) the
well within a stated period of time.
(Ord. 3475, passed 1-22-1975)
§ 13.24.400 DECLARATION OF PROPOSED
REUSE OF WELLS.

The owner of a well, the use of which has been or
is soon to be discontinued, may apply to the
Department, in writing, his or her intention to use the well again for its original or other approved purpose.

The Department shall review such a declaration and
grant an exemption from certain of the provisions of §

13.24.390; provided no undue hazard to health or
safety is created by the continued existence of the
well. Such an exemption must be applied for and
granted annually and may be terminated for cause by
the Director at any time.
(Ord. 3475, passed 1-22-1975)
§ 13.24.410 DUTIES OF DIRECTOR.

It shall be the duty of the Director of
Environmental Health Services of the County
Department of Environmental Health Services to
enforce the terms and provisions of this chapter. In the event it is determined that any fees or charges are to
be established and collected by the Director, then the
city shall make and establish such fees and charges
pursuant to this chapter, and the city and the county
shall enter into a contract concerning same.
(Ord. 3475, passed 1-22-1975)
§ 13.24.420 DIRECTOR’S RIGHT OF ENTRY.

It is unlawful for any person to resist, or attempt
to resist, the entrance of the Director, or his or her
deputy, onto any premises for the purposes of the
performance of his or her duty or to refuse to obey any lawful order of the Director made in the performance
of his or her duties within the power conferred upon
him or her by law or by this chapter.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.430 VIOLATION - RIGHT OF ENTRY -
PENALTY.
(A) The Director may, at any and all reasonable
times, enter any and all places, property, enclosures
and structures for the purpose of making examinations
and investigations to determine whether any provision
of this chapter is being violated.
(B) It is unlawful for any person to furnish or
supply to a user water used, or intended to be used,
for human consumption or for domestic purposes
which is impure, unwholesome, unpotable, polluted or
dangerous to health.
(C) Every person, firm, association, society or
corporation violating any provision of this chapter or
failing to comply with any order the Department
issued pursuant to this chapter, or who procures, aids
or abets in any such violation or failure, is guilty of an infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.

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40 San Bernardino - Public Utilities
(D) The continued existence of any violation of
this chapter, or of any order of the Department issued
pursuant to this chapter, beyond the time stipulated for compliance with its provisions, constitutes a separate
and distinct offense.
(E) Anything done, maintained or suffered in
violation of any of the provisions of this chapter is a public nuisance dangerous to health, and may be
enjoined or summarily abated in the manner provided
by law. Every public officer or body lawfully
empowered so to do shall abate the nuisance
immediately.
(F) Any person who furnishes or supplies to a
user water used or intended to be used for human
consumption or for domestic purposes, without having
a valid permit so to do, may be enjoined from so doing
by any court of competent jurisdiction at the suit of the Director.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.440 RESERVED.
[Reserved]
(Repealed by Ord. MC-460, passed 5-15-1985)
Packet Page 1253
CHAPTER 13.25: SPREADING OR EXTRACTION WITH THE MANAGEMENT ZONE Section

13.25.010 Purpose

13.25.015 Background pertaining to
Newmark ground water
contamination superfund site

13.25.020 Definitions

13.25.025 Permits

13.25.035 Approval of permits

13.25.040 Reporting

13.25.045 Revocation and emergency powers

13.25.047 Interference by existing wells with
consent decree or SOW

13.25.050 Consent orders

13.25.055 Cease and desist orders

13.25.060 Hearing procedures and appeals

13.25.070 Violations, remedies and penalties
Appendix A: Exhibits
§ 13.25.010 PURPOSE.
(A) The purpose of this chapter is to assure that
activities occurring in the management zone,
including, but not limited to, development, digging,
drilling, boring or reconstruction of wells; extraction of ground water from wells; and spreading of water do
not interfere with or cause pass through of
contaminants from the Newmark and Muscoy
Operable Units. Activities, such as well construction
or reconstruction or artificial recharge undertaken in
the management zone, shall not cause or contribute to
the migration of ground water contaminants from the
Newmark and Muscoy Operable Units to
uncontaminated areas, nor shall such activities, even
at their maximum operation, interfere with or
adversely affect the integrity of the Newmark or
Muscoy extraction and treatment systems, nor shall
they otherwise interfere with the performance of these
interim remedial actions at the Newmark and Muscoy
Operable Units.
(B) It is the further purpose of this chapter to
assure the protection of human health and the
environment, and compliance with relevant federal and
state requirements directly associated with the
performance of the remedy. It is the further purpose of this chapter to manage the spreading of water within
the management zone and manage the development,
digging, drilling, boring, reconstruction of wells and
extraction of ground water from wells; to assure
compliance with the remedial program set forth in the
RODs, consent decree and statement of work, as
defined below; and aid in the eventual restoration of
the aquifer to beneficial use.
(C) It is the further intent of this chapter to
regulate activities within the management zone only to
the extent necessary to achieve the purposes set forth
and to minimize the regulatory impacts to those
intending to spread water or develop ground water
resources in the management zone. In addition to any
other requirements of this chapter, the following
requirements shall apply to the management zone.

Nothing contained herein shall exclude compliance
with the other provisions of this chapter. In the event of any conflict between the provisions of this chapter
and any other chapter, the terms and provisions of this chapter shall apply.
§ 13.25.015 BACKGROUND PERTAINING TO

NEWMARK GROUND WATER
CONTAMINATION SUPERFUND SITE.

Background:
(A) In 1980, the state performed sampling of
certain wells belonging to the City Municipal Water
Department (“SBMWD”). These samples disclosed the
presence of various contaminants, including
trichloroethylene (“TCE”) and perchloroethylene
41 Packet Page 1254
42 San Bernardino - Public Utilities
(“PCE”).
(B) Pursuant to § 105 of the Comprehensive
Environmental Response, Compensation and Liability
Act (“CERCLA”), 42 U.S.C. § 9605, the United
States Environmental Protection Agency (“EPA”)
placed the Newmark Ground Water Contamination
Superfund Site (“site”) on the National Priorities List (“NPL”), as set forth in 40 C.F.R. pt. 300, Appendix
B, by publication in the Federal Register on March 31,
1989, 54 Fed. Reg. 13296, 13301.
(C) In late 1990, EPA commenced a remedial
investigation (“RI”) focusing on the Newmark
Operable Unit (“OU”). In September 1992, EPA
expanded the RI to include the Muscoy OU.
(D) In March 1993, EPA published notice of the
completion of the feasibility study (“FS”) and the
proposed plan for interim remedial action pertaining to the Newmark OU. In December 1994, EPA published
notice of the completion of the FS and proposed plan
for interim remedial action pertaining to the Muscoy
OU.
(E) EPA’s determinations concerning the interim
remedial actions to be implemented at the site are set
forth in the Newmark OU record of decision
(“ROD”), signed August 4, 1993, and Muscoy ROD
signed March 24, 1995 and the explanation of
significant differences (“ESD”) signed on August 18,
2004.
(F) On September 18, 1995, EPA, the state and
SBMWD entered into a cooperative agreement
providing, in part, for SBMWD to perform the
operation and maintenance (“O&M”) of the remedial
action set forth in the RODs, and for EPA to fund the
O&M.
(G) In September 1996, the SBMWD
commenced an action against the United States Army,
pursuant to §§ 107 and 113 of CERCLA, seeking to
obtain its costs for response and the operation and
maintenance of the Newmark and Muscoy OUs (City
of San Bernardino v. United States of America, Dept.
of the Army, et al. USDC Case No. CV 96-5205 MRP
(JGx) consolidated with USDC Case No. CV 96-8867
MRP (JGx)).
(H) Commencing in June 2000, SBMWD, State
Department of Toxic Substance Control (“DTSC”) and
EPA commenced negotiations to resolve various issues
relating to the site OU, Newmark OU and Muscoy
OU. On March 23, 2005, the consent decree
memorializing the settlement was entered by the court.
(I) The consent decree requires, in part, for the
city to implement an ordinance providing for
protection and management of the interim remedy set
forth in the RODs and ESD and specifically for the
city to regulate the spreading and extraction of water
from the Bunker Hill Basin within the city in order to
prevent or correct spreading practices or extraction
operations that could interfere with or interrupt or
degrade the performance of the interim remedy.
(J) The protection of ground water resources
within the city is of utmost importance to the city and SBMWD. The public health, safety and general
welfare of the people of the state and of the more than 600,000 residents of the Counties of San Bernardino
and Riverside, who depend upon the continued
availability of potable ground water from the Bunker
Hill Basin, is paramount. The public health, safety and general welfare of the people of the state and the
residents of the city require assurance that spreading of water and extraction of ground water do not interrupt
or interfere with the construction, operation and
maintenance of the interim remedy or degrade the
performance of the interim remedy.
(K) The interim remedy requires, in part, the
extraction of contaminated ground water from the
Bunker Hill Water Basin, and within the Newmark and
Muscoy OUs, and treatment of the ground water to
meet all state and federal permits and requirements for drinking water and delivery of treated water to
SBMWD for distribution to the public through its
potable water system, or in the alternative, for
recharge to the aquifer.
(L) The inhibitor wells are located at the
downgradient end of the management zone. The
inhibitor wells currently in place were designed to
function based upon hydrological factors relating to the flow of water through the basin. The rate of flow
through the basin may increase when additional
spreading occurs at spreading basins located
Packet Page 1255
Spreading or Extraction with the Management Zone 43
upgradient from the inhibitor wells. Another factor
affecting flow rate is the amount of water flowing
through the basin and either extracted or flowing out
of the basin. When extraction of ground water occurs
downgradient or to the side of management zone, or
the capacity of existing downgradient or adjacent wells are increased, the rate of flow may increase. Should an increase in the flow of water occur beyond the
capacity of the inhibitor wells, the inhibitor wells may not be able to contain and extract the additional
contaminated water before it enters the aquifer
downgradient from the inhibitor wells.
(M) As required by the consent decree, the city
must exercise its police power to protect the public
welfare of the city by adopting reasonable regulatory
measures.
§ 13.25.020 DEFINITIONS.

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

ADVERSE EFFECT and ADVERSELY
EFFECT. Any proposed new or reconstructed well, or
any water spreading (artificial recharge) activity,
forecast to reduce particle capture (as measured using
predictive particle tracking) below 95% at any time in
the proposed future permit term, shall be presumed to
have an adverse effect under this chapter. This
presumption may be rebutted by project re-design or
mitigation measures to restore particle capture
percentages, over a hydrologic cycle representative of
long-term hydrology and extending for a term at least
as long as a proposed permit term, to at least 95% at
all times, with the proposed project operating at the
full permitted capacity for the life of the proposed
project.

APPLICANT. The person or entity submitting the
application addressed in this chapter. The term
APPLICANT shall also include the person or entity
granted any permit or permission pursuant to the terms
of this chapter, and shall also include all licensees,
lessees, agents, contractors, operators, employees,
officers, directors, representatives, attorneys,
successors, assigns, heirs and other persons or entities exercising the rights of the permit through applicant.

The term APPLICANT shall not include a party to the
ICGMP that is exempt from the provisions of this
chapter as provided in § 13.25.025(G).

AQUIFER. A geologic formation that stores,
transmits and yields significant quantities of water to wells and springs.

BARRIER WELL. See INHIBITOR WELL
below.

BASIN. The Bunker Hill Basin.

CITY. The City of San Bernardino.

CODE. The San Bernardino Municipal Code.

CONTAMINATION. Any impairment in the
quality of water of the city by wastes or other
degrading elements in amounts or concentrations
violating any federal or state drinking water standard
or applicable permit limit for the water produced by
the interim remedy, or otherwise.

DAY. A calendar day.

DEPARTMENT. The San BernardinoCity
Municipal Water Department.

DOHS. State of California Department of Health
Services.

DTSC. State of California Department of Toxic
Substance Control.

EPA. The United States Environmental Protection
Agency.

EXTRACTION. The process of taking water
from the ground water aquifer by way of wells and
other appurtenances.

FS. The feasibility studies performed by EPA for
the site and completed in March 1993 and December
1994.

GENERAL MANAGER. The San Bernardino
City Municipal Water Department General Manager,
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44 San Bernardino - Public Utilities
or designee.

GROUND WATER. All water beneath the
surface of the earth within the zone below the water
table in which the soil is saturated with water.

GROUND WATER MODEL or MODEL. The
mathematical calculations required to be produced
pursuant to the consent decree and SOW addressing
the physical characteristics of the ground water in the Bunker Hill Basin under various conditions. The
ground water model is a three-dimensional numerical
model that will account for changes in water levels
over time, and will account for spatial variations in
underground hydrologic parameters. The GROUND
WATER MODEL can be used to perform predictive
particle tracking by simulating future ground water
levels in three dimensions over time.

INHIBITOR WELL. The wells designed by EPA
for the extraction of water from specific areas of the
basin and identified in the RODs.

MANAGEMENT ZONE. The geographic area
depicted and defined on Exhibit A and Exhibit B, on
file in the office of the General Manager of SBMWD.

The “management zone” is referred to in the consent
decree as the “permit zone.”
MITIGATION MEASURES. Readily enforceable
and verifiable steps taken to reduce or eliminate
adverse effects forecast for a proposed new or
reconstructed well or water spreading (artificial
recharge) project by predictive particle tracking.

MITIGATION MEASURES can include, but are not
limited to:
(1) Locating an additional well or wells in
the contaminant plume to counteract migration of
contaminants past the inhibitor wells;
(2) Readily enforceable and verifiable
pumping restrictions; and
(3) Physical reductions in the size of well
equipment to limit the well capacity.

NPL. National Priorities List.

OU. Operable Unit.

PERSON. Any state or local government agency,
private corporation, firm, partnership, individual,
group of individuals, organization, association or, to
the extent authorized by law, any federal agency.

PREDICTIVE PARTICLE TRACKING. The use
of the ground water model, with the inhibitor wells
operating at a design rate under the SOW, over a
representative hydrologic cycle, including
representative wet and dry periods for the Bunker Hill
Basin, to determine the percentage of particle capture
achieved at all times over the life of the proposed
project, including any applicable mitigation measures
or project re-design, with the proposed project
operating at full permitted capacity for the entire
permit term.

PROJECT RE-DESIGN. Verifiable and
enforceable changes in the physical design, equipment
or location or volume of a proposed water spreading
(artificial recharge) or new or reconstructed well
project intended to reduce or eliminate adverse effects forecast for a project evaluated with predictive particle tracking.

RI. The remedial investigations performed at the
site for the Newmark Operable Unit and the Muscoy
Operable Unit.

RECORD OF DECISION or ROD. The record
of decision for the Newmark Operable Unit signed
August 4, 1993 and the record of decision for the
Muscoy Operable Unit signed March 24, 1995 setting
forth the provisions of the interim remedy to be
implemented in addressing the contamination identified
in RI/FS.

REMEDY or INTERIM REMEDY. The course
of action set forth in the RODs, statement of work
(“SOW”) and consent decree (“CD”) relating to the
operation and maintenance of the remedial action
specified in said documents.

SBMWD. The San BernardinoCity Municipal
Water Department.

SITE. The Newmark Ground water
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Spreading or Extraction with the Management Zone 45
Contamination site identified in 40 C.F.R. pt. 3rd
Appendix B, published in the Federal Register on
March 31, 1989, 54 Fed. Reg. 13296, 13301.

SPREADING BASIN. Areas, facilities and
portions of land set aside for the deposit of water with the intent to allow the water to percolate into the
ground water basin, as depicted on Exhibit C in
Appendix A, attached hereto and incorporated by this
reference and on file in the office of the General
Manager of SBMWD.

STATEMENT OF WORK (“SOW”). The
document incorporated into the consent decree,
referenced in § 13.25.015(H), setting forth the
implementation of the remedial action to be performed
by SBMWD, EPA and DTSC relating to the Newmark
OU and Muscoy OU.

WELL or WATER WELL. Any artificial
excavation constructed by any method for the purpose
of extracting water from, or injecting water into the
ground. This definition shall not include:
(1) Oil or gas wells, or geothermal wells
constructed under the jurisdiction of the State
Department of Conservation, except those wells
converted to use as water wells; or
(2) Wells used for the purpose of:
(a) Dewatering excavation during
construction; or
(b) Stabilizing hillsides or earth
embankments.
§ 13.25.025 PERMITS.
(A) Spreading. Unless a permit issued by
SBMWD pursuant to this chapter is first obtained, it
shall be unlawful for any person, as principal, agent or employee, to spread water (artificial recharge) within
the management zone.
(B) Ground water extraction. Unless a permit
issued by SBMWD pursuant to this chapter is first
obtained, it shall be unlawful for any person to
develop, dig or drill a new well, or to reconstruct an
existing well in a manner to increase its maximum
capacity over its maximum capacity on March 23,
2005, or the most recent operation if the well was
inoperable on March 23, 2005, or to allow the
development, digging, drilling or reconstruction of any well on land located within the management zone.
(C) Application for permit. An application for a
permit shall be filed by the landowner or the applicant with the SBMWD on a form provided by SBMWD.

The applicant has an affirmative duty to provide
accurate representations of all material facts in the
application.
(D) Contents of application for permit for
extraction. The contents of the application for permit
for extraction shall include, as a minimum, all of the
items set forth in § 13.24.250 and the elevations of
proposed screening intervals, and such other
information as SBMWD determines necessary and
appropriate to evaluate the application and assure that the proposed extraction will not interfere with,
compromise, endanger or detrimentally or adversely
affect the interim remedy or otherwise cause or
contribute to the movement of contaminants to areas
downgradient of the inhibitor wells, or increase the
likelihood that contaminants will migrate past or
around these wells, or interfere with or adversely
affect the interim remedy.
(E) Contents of application for permit for
spreading. The contents of the application for permit
for spreading shall include, as a minimum, the name
of the person proposing to conduct the spreading; the
time period over which the spreading is proposed to
occur; the volume, location and such other information
as SBMWD may determine necessary and appropriate
to evaluate the application and assure the proposed
spreading will not interfere with, compromise,
endanger or detrimentally affect the interim remedy or
otherwise cause or contribute to the movement of
contaminants to areas downgradient of the inhibitor
wells.
(F) Fees. SBMWD may levy a fee for review of
the application for permit and monitoring of
compliance with the permit. The fee shall be
established by resolution of the SBMWD Board of
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46 San Bernardino - Public Utilities
Water Commissioners.
(G) Exemption from permit and related
requirements for institutional controls ground water
management program (“ICGMP”) members. By
agreement effective January 1, 2005, a number of
local water agencies have entered into the agreement
entitled “Agreement to Develop and Adopt an
Institutional Controls Ground Water Management
Program.” That program currently provides for
short-term restrictions on production and spreading to
protect the interim remedy while a long-term
agreement is negotiated. The long-term agreement will
be as protective of the interim remedy as this chapter, and projects which are subject to the ICGMP or
successors to that agreement will be reviewed and
approved by the ICGMP parties pursuant to those
agreements. As long as a party proposing to construct
or reconstruct a well or to spread water for artificial recharge is a member in good standing of the ICGMP
under the agreement effective January 1, 2005, or
successors to that agreement, that party’s project(s)
will be exempt from the provisions of this chapter and
will be reviewed and approved pursuant to the ICGMP
or successors to that agreement rather than this
chapter. Compliance with ICGMP requirements shall
be deemed to be full compliance with this chapter.

Non-compliance with ICGMP requirements shall be
addressed pursuant to remedies provided for in the
ICGMP agreement or successors to it. In the event the
ICGMP expires or lapses while this chapter is in
force, or a party with an approved spreading or well
project withdraws from the ICGMP, any mitigation
measures, project re-design measures, access and
monitoring requirements and parallel undertakings
imposed or agreed to by the party under the ICGMP
shall become fully enforceable by the city under this
chapter.
(H) Review of application.
(1) The review process of the application
will commence when SBMWD determines it has
received from the applicant all documents and
necessary information to commence its review.
(2) Subject to timely participation by EPA
and DTSC, SBMWD shall endeavor to complete the
review within 120 days from notice by SBMWD to
applicant that the application is deemed complete.
(3) The completed application shall be
subject to review and comment by the EPA and
DTSC. SBMWD shall provide to EPA and DTSC a
copy of its proposed decision, after which EPA and
DTSC, pursuant to the consent decree, shall have a
minimum of 30 days to comment on the proposed
decision. If either EPA or DTSC object, in writing, to
the permit application, proposed decision or modeling
work on which a proposed permit decision is based,
the SBMWD, EPA and DTSC shall consult for up to
60 days in order to resolve any material differences
among them over such matters. Consistent with the
consent decree, the SBMWD shall not issue a permit
over the unresolved objections of either EPA or
DTSC.
(4) Except as provided below, applications
shall be evaluated using the predictive particle tracking in order to determine if there is an adverse effect.

Once approved by EPA, the ground water model will
be used for predictive particle tracking, to forecast
particle capture through a hydrologic cycle reasonably
representative of long-term hydrology lasting for at
least the proposed permit term, which hydrologic cycle
shall include a wet cycle and a dry cycle, based on
historic hydrologic data for similar periods, and which shall assume that the inhibitor wells are operated at
design rates. Mitigation measures and any project
re-design are to be evaluated using the same method.

No proposed well construction or reconstruction, or
future spreading operation, shall be approved if the
project is forecast to have an adverse effect unless
such adverse effect is eliminated through readily
enforceable mitigation measures or project re-design.
(I) Permit applications for extraction wells in
plume areas and for irrigation use on overlying land.
(1) Applications to drill in the areas shown
on the attached map, Exhibit C in Appendix A to this
chapter, are strongly encouraged. The boundaries of
these areas correspond to the city’s estimates of areas Packet Page 1259
Spreading or Extraction with the Management Zone 47
within the Newmark and Muscoy contaminant plumes
where extraction and treatment of water from these
areas will slow the spread of contaminants.
(2) (a) For wells proposed in the
designated areas shown in the map, the applicant and
the city may use a streamlined modeling process, to be
developed by the city, to model the projected hydraulic impacts of the proposed extraction well in the
proposed location upon the operations of the inhibitor
wells.
(b) Such application shall clearly
demonstrate that:

1. The well will conform to
standards for structural integrity;

2. The water it produces will be
properly treated; and

3. The well is screened at a depth
and in such a manner that its construction and
operation will not cause the migration of contaminants
between different confined intervals of the aquifer.
(3) The city shall set the permit term for
such wells in the designated areas for not less than 15 years, with the option, in the city’s discretion, to set the permit term for up to 30 years.
(4) Wells used by overlying landowners
solely for non-potable irrigation or solely for sand and gravel operations on such land may be replaced on the
same parcel without a permit under this chapter
provided that no such overlying landowner shall
extract more than 250 acre feet per year from the same
or contiguous parcels without a permit issued pursuant
to this chapter.
(5) (a) The city recognizes that the wells
listed in Exhibit D in Appendix A by assessor parcel
number (“APN”) have been used by the overlying
landowners solely for non-potable irrigation on such
land.
(b) These landowners may replace
these wells on these properties without making the
modeling demonstration required by this chapter
provided that such applications clearly demonstrate
that:

1. The water it produces will
continue to be used only for non-potable irrigation or
sand and gravel operations on the land, or contiguous
parcels of the same landowner, where the well is
located;

2. The well is constructed and
screened in such a manner that it will not cause
migration of contaminants between different confined
intervals of the aquifer; provided, however, that if the replacement well is screened in substantially the same
interval as the well it replaces, the replacement well
shall be entitled to a rebuttable presumption of
compliance with this condition; and

3. That extractions shall not
increase by more than 25% over the maximum annual
production and extraction rates for the last ten years, as shown by contemporaneous documentary evidence
or by an edison pump test and review of electrical
consumption.
§ 13.25.035 APPROVAL OF PERMITS.
(A) Standard of review. Except as provided
above, a permit may be granted for a period of up to
15 years with or without conditions under the
provisions of this chapter only if the applicant
demonstrates that the proposed extraction or spreading
and method of operation is not forecast to cause an
adverse effect when evaluated using the predictive
particle tracking, and will not interfere with,
compromise, endanger or detrimentally affect the
interim remedy, or cause the city to be in potential
violation or non-conformance with the SOW, consent
decree or RODs, or EPA or DTSC approved plans
adopted thereunder.

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(1) Prior to the completion of an updated
ground water model, the applicant shall bear the
burden of demonstrating, through the use of
engineering and other satisfactory scientific data, that the proposed extraction or spreading will not cause an
adverse effect and will not interfere with, compromise, endanger or detrimentally affect the interim remedy.
(2) After an updated model has been
completed, the applicant shall bear the burden of
demonstrating through the use of the predictive
particle tracking and other satisfactory scientific
evidence that the proposed extraction or spreading is
not forecast to cause an adverse effect, and will not
interfere with, compromise, endanger or detrimentally
affect the interim remedy.
(B) Conditions of approval.
(1) In the event the application is approved,
EPA, DTSC and SBMWD shall have the right to
condition approval upon mitigation measures, project
re-design or other remedial activities to be performed
by applicant. EPA, DTSC or SBMWD may require
the applicant to prepare a mitigation or remedial plan, subject to approval by EPA, DTSC and SBMWD,
prior to issuance of the permit.
(2) If mitigation measures, project re-design
or remedial activities are required as a condition of the issuance of a permit, SBMWD may require applicant
to post a bond of sufficient value to assure compliance with the mitigation or remedial activities.
(3) Upon approval of the application, with
or without mitigation measures, project re-design or
remedial activities, and after the posting of a bond, if required, SBMWD shall issue a permit.
(4) The approval and issuance of a permit
shall be subject, at all times, to the monitoring of
applicant’s activities and suspension or revocation of
the permit if it is determined by SBMWD, EPA or
DTSC that applicant’s activities interfere with,
compromise, endanger or detrimentally affect the
interim remedy.
(5) The issuance of a permit shall be
conditioned on the grant to EPA, DTSC and the city,
including SBMWD, their contractors and
representatives, of access to the wells or spreading
basins or related areas for the purpose of verifying
compliance with the permit, and upon reasonable
notice to inspect and copy documents and records of
applicant’s operations of the permitted facilities.
(6) Misrepresentation or failure to disclose
material facts in the application shall be grounds for
denial of the application.
(7) The approval and issuance of a permit
shall be conditioned upon applicant indemnifying,
defending and holding city and SBMWD harmless
from any and all claims, causes of action, injury to
person or property and enforcement proceedings
arising from or related to the application for permit,
property subject to the permit, work to be undertaken
relating to the permitted property, including work not
the subject of the permit or any other matter related to the permit or granting of the permit, including, but not limited to, any costs incurred by SBMWD or the city
from any contest to the issuance of the permit.
(C) Denial of application. SBMWD shall deny
the application if it determines that the standards of
this chapter have not been attained or if either
SBMWD, EPA or DTSC determines that the proposed
project is forecast to cause an adverse effect which is not eliminated by mitigation measures or project
re-design or will interfere with or adversely affect the integrity of the Newmark and Muscoy extraction and
treatment systems, or will increase the likelihood that contaminants will migrate past or around the barrier
walls that are part of those systems or will otherwise
interfere with the performance of the interim remedial
actions, or cause the city to be in potential violation or non-conformance with the SOW, consent decree or
RODs, or any plan approved by EPA or DTSC in
order to implement those documents. SBMWD shall
provide to applicant a copy of the written objections
made together with any additional written statement of
reasons by EPA, DTSC and/or SBMWD for
disapproval of the permit. An applicant denied a
permit may appeal the decision pursuant to
§ 13.25.060.
§ 13.25.040 REPORTING.

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Spreading or Extraction with the Management Zone 49
(A) Reporting by applicants. A condition of each
and every permit shall be the requirement that the
applicant provide, at least quarterly, regular written
reports to SBMWD of water levels, chemistry and
other information affecting water quality deemed
appropriate by SBMWD. The SBMWD may specify
forms for such reports and such forms shall be used by
applicant to comply with the provisions of this section.

Such reports shall require applicant to perform
monitoring, sampling and record-keeping of any wells
that are the subject of the permit, including the
amount, rate and timing of extraction or spreading and
the quality of water being extracted or spread,
including, but not limited to, concentrations of
perchloroethylene (“PCE”), trichloroethylene
(“TCE”), freon and other water quality related
concentrations, specified by SBMWD. Upon receipt of
any report requested or required by this chapter,
SBMWD may require a follow-up report of additional
data and/or information. Applicant shall keep records
of all activities relating to the operation of wells and/or spreading activities, including all sampling results and flow data. Such records shall be available for
inspection and copying by SBMWD, EPA and DTSC
upon 48 hours’ notice. These records shall be
maintained for a period of not less than five years. The period for retention of records shall automatically be
extended for any period of litigation between
SBMWD, the city, EPA and/or DTSC and the
applicant.
(B) Reporting by non-applicants. Every person,
except parties to the ICGMP described in
§ 13.25.025(G), spreading or extracting more than 250
acre-feet in any month, shall report the amount of such spreading or extraction to the city within 90 days of
the close of the calendar year quarter in which such
spreading or extraction occurred. Said report shall be
submitted under penalty of perjury. The SBMWD may
specify forms for such reports and such reports shall
be used to comply with the provisions of this section.
§ 13.25.045 REVOCATION AND EMERGENCY
POWERS.
(A) If there is an immediate and serious threat to
the interim remedy, and its performance in accordance
with the SOW, consent decree or RODs, and if
SBMWD believes it may be due in whole or in part to
applicant’s operations, SBMWD may order the
applicant to cease or reduce its operations and show
cause why the permit should not be revoked, modified
or restricted.
(B) In addition to the provisions set forth above,
the permit may be revoked upon the determination of
the SBMWD General Manager of any of the
following:
(1) Misrepresentation or failure to disclose
material facts in the application;
(2) Falsifying or making misrepresentations
on any reports submitted to SBMWD, whether as part
of the application, as a condition of the permit or as
submitted voluntarily by the applicant;
(3) Tampering with monitoring equipment
subject to the permit;
(4) Refusing or obstructing SBMWD, or its
designee, or EPA or DTSC, or their designees’,
timely access to the permitted sites and operations, and records of those operations;
(5) Failure to pay fines;
(6) Failure to meet compliance schedules;
(7) Failure to comply with conditions of
approval; and
(8) Failure to file timely reports or to
respond to requests for reports, sampling data,
monitoring activities or cooperation with the interim
remedy for the Newmark Superfund Site.
(C) In the event the activities of the applicant, or
applicant’s agents, contractors, licensees, lessees or
employees are deemed by SBMWD to interfere with
or adversely affect the integrity of the Newmark and
Muscoy extraction and treatment systems, or will
increase the likelihood that contaminants will migrate
past or around the barrier wells that are part of those systems or will otherwise interfere with the
performance of the interim remedy, SBMWD may
revoke or suspend the permit and compel applicant to
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cease all activities covered by the permit until either a hearing is held before the Board of Water
Commissioners, pursuant to § 13.025.060, for
applicant to demonstrate why the permit should not be
modified or revoked, or the applicant and the General
Manager reach a mutually acceptable resolution. In all
other circumstances, the applicant shall be advised in
writing of any non-compliance with the permit or other
condition that may warrant a modification of permit
conditions or revocation of the permit, and the
applicant shall be afforded the opportunity for a
hearing before the Board of Water Commissioners,
pursuant to the provisions of § 13.25.060, to present
any evidence as to why the permit should not be
modified or revoked.
§ 13.25.047 INTERFERENCE BY EXISTING
WELLS WITH CONSENT DECREE OR SOW.

In the event an existing well, not subject to the
permit requirements of this chapter, is operated in a
manner which materially interferes with the city’s
compliance with the provisions of the consent decree
or SOW, or requires an increase in operating rates
above design rate in order to maintain compliance with
the requirements of the consent decree or SOW, the
city may halt, abate or reduce such activities by
injunction from the County Superior Court, or by the
United States District Court for the Central District of California, acting pursuant to the United States District Court’s retention of jurisdiction over institutional
controls in paragraph 1.b, page 11, lines 6 through 19
of the consent decree. This provision is in addition to, and not in derogation of, the city’s other statutory,
equitable and common law remedies.
§ 13.25.050 CONSENT ORDERS.

The SBMWD may enter into consent orders,
assurances of voluntary compliance or similar
arrangements establishing an agreement with any
person responsible for non-compliance with the
provisions of this chapter. Such arrangements will
include specific action to be taken by the person to
correct any non-compliance and shall be enforceable in
a court of competent jurisdiction.
§ 13.25.055 CEASE AND DESIST ORDERS.

If SBMWD finds that a person has violated any
provision of this chapter, or a permit, or the person’s activities pose an immediate and serious threat to the
interim remedy, and that it is likely the person will
continue with such violation or detrimental activities, SBMWD may issue an administrative order directing
such person immediately to cease and desist from such
conduct and to take all actions necessary to comply
fully with the order. If the person fails immediately to comply with such an administrative order, that person
shall be subject to criminal and civil liability in
addition to whatever civil liability the person may have been subject to as a result of the conduct that prompted the issuance of the cease and desist order.
§ 13.25.060 HEARING PROCEDURES AND
APPEALS.
(A) In the event SBMWD denies an application,
imposes or materially modifies a condition of approval
that is/are unacceptable to the applicant or suspends or revokes a permit, an appeal may be commenced by the
applicant.
(B) All appeals must be filed in the office of the
SBMWD General Manager within 15 days of any
denial, approval with conditions, suspension or
revocation. The appeal filed with SBMWD shall
include the name of the applicant; name, address and
telephone number of the person representing applicant;
assessor’s parcel number (“APN”) or other description
of property involved; any identifying case number or
application number issued by SBMWD; the basis for
the appeal; the date and signature of the applicant.
(C) All appeals shall be heard by the SBMWD
Board of Water Commissioners during its regular
meetings. The burden of proof at such hearing shall be
upon the applicant. Following the hearing, the Board
of Water Commissioners shall issue its decision. Said
decision shall be deemed a final administrative
decision. Upon rendition of any adjudicatory
administrative decision by the SBMWD Board of
Water Commissioners, notice shall be given to the
parties that the time within which judicial review must be sought is governed by the provisions of the Cal.

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Spreading or Extraction with the Management Zone 51
Code of Civil Procedure, § 1094.6.
(D) Any issue relating to the consent decree or
SOW may, at the discretion of the SBMWD, be
adjudicated in the United States District Court for the Central District of California, including the right of
the SBMWD to remove any action initially brought in
a state trial court.
§ 13.25.070 VIOLATIONS, REMEDIES AND
PENALTIES.
(A) Any person violating any provision of this
chapter or any condition of a permit shall be guilty of a misdemeanor, punishable by a fine not exceeding
$1,000 per violation, and/or by imprisonment not
exceeding six months for each violation. Each day a
violation occurs may be deemed a separate violation.
(B) Notwithstanding anything to the contrary
contained herein, and in addition to any other
penalties, fines or other action, the SBMWD Board of
Water Commissioners may order the payment of
damages and civil penalties not to exceed $10,000 per
day and actual damages for any violation of any
provision of this chapter. Said penalties shall be
deemed to be civil penalties and may be imposed in
addition to any criminal penalties.
(C) In the event of any violation of any provision
of this chapter, and in addition to any other remedies, at the sole and exclusive discretion of SBMWD, the
permit may be revoked.
(D) A violation of any provision of this chapter
or any permit provision or condition shall deemed to
be a public nuisance.
(Ord. MC-1221, passed 3-20-2006)
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Spreading or Extraction with the Management Zone 53
APPENDIX A: EXHIBITS
Exhibit A
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Exhibit B
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Spreading or Extraction with the Management Zone 55
Exhibit C
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ORDINANCE MC-1221, 3-20-06

AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 13.25 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED SPREADING OR EXTRACTION WITHIN THE MANAGEMENT ZONE.

EXHIBIT D
County Well Recordation Numbers APNs
3601925 0153351170000
0153351171001
3600119, 3600742, 3600743 0150161120000
0150154140000
0272161120000
0272161070000
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CHAPTER 13.28: COLLECTION OF DELINQUENT WATER, RUBBISH,

SEWER OR OTHER MUNICIPAL UTILITY CHARGES
Section

13.28.010 Collection of water, sanitation,
sewer or other utility charges
pursuant to state statute

13.28.020 Definitions

13.28.025 Notice of delinquent utility
accounts

13.28.030 Description of parcel receiving
services to be filed with City
Clerk

13.28.040 Notice of filing of reports -
hearing

13.28.050 Hearing for objections and
protests

13.28.060 Revision of charges or overrule
of objections - notice of pendency
of administrative action

13.28.070 Filing of report with County
Auditor

13.28.080 Charges constitute lien against lot
or parcel of land

13.28.090 Inclusion of amount of charges
on bills for taxes

13.28.100 Collection of charges

13.28.110 Application of laws to levy,
collection and enforcement of
general taxes

13.28.120 Issuance of separate bills
§ 13.28.010 COLLECTION OF WATER,

SANITATION, SEWER OR OTHER UTILITY
CHARGES PURSUANT TO STATE STATUTE.
(A) The city elects to avail itself of the
provisions of the Cal. Health and Safety Code,
Division 5, Part 3, Chapter 6, Article 4, §§ 5470 et
seq., which set forth an alternative method of
collecting charges for services and facilities furnished in connection with sanitation, sewerage or any other
utility, whereby the same are collected by the County
Tax Collector.
(B) This chapter shall be effective from the date
of its adoption for a period of 50 years, including
amendments thereto during that time.
(C) With respect to any individual account, and
without prior notice thereof, the city may elect to
forego the provisions of this chapter and to pursue
collection of delinquent charges in any other manner
permitted by law. The Integrated Waste Management
Division of the Public Works Department shall
develop policies and procedures regarding the
collection of delinquent charges.
(D) In addition to any remedy contained herein,
the city and the San BernardinoCity Municipal Water
Department are authorized to discontinue all utility
services and provide notice to the property owners’s
41 days after the payment was due.
(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed
12-21-1982; Ord. MC-1335, passed 10-4-2010)
§ 13.28.020 DEFINITIONS.

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

DELINQUENT CHARGES. Those charges for
services, equipment or facilities which remain unpaid
after the date due.

SANITATION. Refuse services, including, but
not limited to, residential, commercial, recycling or
roll-off services, for the removal or recycling of
rubbish, garbage, by-products and like matter.
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58 San Bernardino - Public Utilities
(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed
12-21-1982; Ord. MC-1335, passed 10-4-2010)
§ 13.28.025 NOTICE OF DELINQUENT
UTILITY ACCOUNTS.
(A) Any person or entity who receives water,
sanitation, storm drainage or sewerage services whose
account has delinquent charges for services shall be
mailed a notice of the delinquent charges.
(B) The City Manager, or his or her designee,
shall notify the assessed owner shown on the latest
equalized tax assessor’s roll whenever delinquent and
unpaid charges for services, which may become a lien
on real property in the manner set forth in the is
chapter, remain delinquent and unpaid for 60 days.

The notice so provided shall notify the assessed owner
of the delinquent charges and the lien provided by this chapter.
(Ord. MC-1335, passed 10-4-2010)
§ 13.28.030 DESCRIPTION OF PARCEL

RECEIVING SERVICES TO BE FILED WITH
CITY CLERK.

The City Manager, or his or her designee, shall
cause to be prepared a written report which shall be
filed with the City Clerk. Said report shall contain a
description of each parcel of real property receiving
such water, sanitation, sewer or other utility services and the amount of the delinquent charges for each
parcel computed in conformity with charges prescribed
by resolution of the Mayor and CommonCity Council
or pursuant to the rules and regulations of the board of water Commissioners. The real property may be
described by reference to maps prepared in accordance
with Cal. Revenue and Taxation Code, § 327, and on
file in the office of the County Assessor or by
reference to plats or maps on file in the office of the City Clerk.
(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed
12-21-1982; Ord. MC-1335, passed 10-4-2010)
§ 13.28.040 NOTICE OF FILING OF REPORTS
- HEARING.
(A) The City Clerk shall cause notice of the
filing of said report, and of a time and place of hearing thereon, to be published pursuant to Cal. Gov’t Code,
§ 6066, prior to the date set for hearing in a
newspaper of general circulation printed and published
within the city.
(B) The City Clerk shall cause a notice, in
writing, of the filing of the report proposing to have
such charges collected on the tax roll and of the time
and place of hearing thereon, to be mailed to each
person to whom any parcel or parcels of real property
described in the report is assessed in the last equalized assessment roll available on the date the report is
prepared, at the address shown on the assessment roll
or as known to the Clerk. If the Mayor and
CommonCity Council adopt the report, then the
requirements for notice, in writing, to the persons to
whom parcels of real property are assessed shall not
apply to hearings on reports prepared in subsequent
fiscal years but notice by publication as herein
provided shall be adequate.
(Ord. 3533, passed 10-28-1975)
§ 13.28.050 HEARING FOR OBJECTIONS
AND PROTESTS.

At the time stated in the notice, the Mayor and
CommonCity Council shall hear and consider all
objections or protests, if any, to the report referred to in the notice and may continue the hearing from time
to time. If the Mayor and CommonCity Council find
that protest is made by the owners of a majority of
separate parcels of property described in the report,
then the report shall not be adopted and the charges
shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of
land.
(Ord. 3533, passed 10-28-1975)
§ 13.28.060 REVISION OF CHARGES OR

OVERRULE OF OBJECTIONS - NOTICE OF
PENDENCY OF ADMINISTRATIVE ACTION.
(A) Upon the conclusion of the hearing, the
Mayor and CommonCity Council may adopt, revise,
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Collection of Delinquent Water, Rubbish, Sewer or Other Municipal Utility Charges 59 change, reduce or modify any charge or overrule any
or all objections and shall make its determination upon each charge as described in the report, which
determination shall be final.
(B) The City Administrator may file a notice of
pendency of administrative action with the County
Recorder for any parcel or parcels of real property
against which any water, sanitation, sewer or other
utility charge is found to be delinquent hereunder by
the Mayor and CommonCity Council.
(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed
12-21-1982)
§ 13.28.070 FILING OF REPORT WITH
COUNTY AUDITOR.

On or before August 10 of each year following
such final determination, the Clerk shall file, with the County Auditor, a copy of the report with a statement
endorsed thereon over his or her signature that it has
been finally adopted by the Mayor and CommonCity
Council, and the County Auditor shall enter the
amounts of the charges against the respective lots or
parcels of land as they appear on the current
assessment roll. Where any such parcels are outside
the boundaries of the city, they shall be added to the
assessment roll of the city for the purpose of collecting such charges. If the property is not described on the
roll, the County Auditor may enter the description
thereon together with the amounts of the charges, as
shown on the report.
(Ord. 3533, passed 10-28-1975)
§ 13.28.080 CHARGES CONSTITUTE LIEN
AGAINST LOT OR PARCEL OF LAND.

The amount of the charges shall constitute a lien
against the lot or parcel of land against which the
charge has been imposed as of 12:00 p.m. the first
Monday in March immediately preceding the date of
levy, except as hereinafter provided.
(Ord. 3533, passed 10-28-1975)
§ 13.28.090 INCLUSION OF AMOUNT OF
CHARGES ON BILLS FOR TAXES.

The County Tax Collector shall include the
amount of the charges on bills for taxes against the
respective lot and parcels of land.
(Ord. 3533, passed 10-28-1975)
§ 13.28.100 COLLECTION OF CHARGES.

Thereafter, the amount of the charges shall be
collected at the same time and in the same manner and
by the same persons as, together with and not
separately from, the general taxes of the city, and shall be delinquent at the same time and thereafter be
subject to the same delinquency penalties.
(Ord. 3533, passed 10-28-1975)
§ 13.28.110 APPLICATION OF LAWS TO

LEVY, COLLECTION AND ENFORCEMENT
OF GENERAL TAXES.

All laws applicable to the levy, collection and
enforcement of general taxes of the entity, including,
but not limited to, those pertaining to the matters of
delinquency, correction, cancellation, refund and
redemptions are applicable to such charges, except that if any real property to which such charges relate 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 attached thereon prior to
the date on which the first installment of such taxes
would become delinquent, then the lien which would
otherwise be imposed by § 13.28.080 shall not attach
to such real property, and the charges relating to such property shall be transferred to the unsecured roll of
collection.
(Ord. 3533, passed 10-28-1975)
§ 13.28.120 ISSUANCE OF SEPARATE BILLS.

The Tax Collector may, in his or her discretion,
issue separate bills for such charges and separate
receipts for collection on account of such charges. The county shall be compensated for services rendered in
connection with the levy, collection and enforcement
of such charges in an amount to be fixed by agreement
between the County Board of Supervisors and the
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60 San Bernardino - Public Utilities
Mayor and CommonCity Council of the city. In any
event, the compensation shall not exceed $5 for each
account handled, or 1% of all money collected,
whichever is greater. The compensation shall be paid
into the County Salary Fund.
(Ord. 3533, passed 10-28-1975)
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CHAPTER 13.32: WASTEWATER FACILITIES
Section

13.32.010 Powers and duties of the Water
Board
§ 13.32.010 POWERS AND DUTIES OF THE
WATER BOARD.

In accordance with the City Charter, § 603, the
Water Board shall be responsible for oversight and
management of the city’s wastewater collection and
treatment systems, including the regulation of
wastewater facilities. Any rules or regulations
promulgated by the Water Board in connection with its
powers under the City Charter, § 603 may be enforced
as laws of the city in accordance with Chapter 2.28.
(Ord. MC-273, passed 5-23-1983; Ord. MC-460,
passed 5-15-1985; Ord. MC-571, passed 12-24-1986;
Ord. MC-835, passed 6-3-1992; Ord. MC-853, passed
11-3-1992; Ord. MC-1010, passed 11-18-1997; Ord.

MC-1012, passed 1-13-1998; Ord. MC-1216, passed
2-22-2006; Ord. MC-1562, passed 9-15-2021)
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CHAPTER 13.36: UNDERGROUND UTILITIES
Section

13.36.010 Definitions

13.36.020 Public hearing by Council

13.36.030 Council may designate
underground utility districts by
resolution

13.36.040 Unlawful acts

13.36.050 Exception, emergency or unusual
circumstances

13.36.060 Other exceptions

13.36.070 Notice to property owners and
utility companies

13.36.080 Responsibility of utility
companies

13.36.090 Responsibility of property owners

13.36.100 Responsibility of city

13.36.110 Extension of time

13.36.120 Violation - penalty
Cross-reference:

For provisions on telegraph and telephone poles,
see Chapter 12.12.

Statutory reference:

For provisions on conversion of utilities’ facilities
to underground locations, see Cal. Streets and
Highways Code, §§ 5896.1 et seq. and Cal.

Gov’t Code, § 38793.
§ 13.36.010 DEFINITIONS.

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

COMMISSION. The State Public Utilities
Commission.

PERSON. Individuals, firms, corporations,
partnerships and their agents and employees.

POLES, OVERHEAD WIRES and
ASSOCIATED OVERHEAD STRUCTURES. Poles,
towers, supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances,
attachments and appurtenances located above ground
within a district and used or useful in supplying
electric, communication or similar or associated
service.

UNDERGROUND UTILITY DISTRICT or
DISTRICTS. The area in the city within which poles,
overhead wires and associated overhead structures are
prohibited as such area is described in a resolution
adopted pursuant to the provisions of § 13.36.030.

UTILITY. All persons or entities supplying
electric, communication or similar or associated
service by means of electrical materials or devices.
(Ord. 2919, passed 7-2-1968)
§ 13.36.020 PUBLIC HEARING BY COUNCIL.

The Mayor and CommonCity Council, hereinafter
called Council, may, from time to time, call public
hearings to ascertain whether the public necessity,
health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures
within designated areas of the city and the
underground installation of wires and facilities for
supplying electric, communication or similar or
associated service. The City Clerk shall notify all
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64 San Bernardino - Public Utilities
affected property owners as shown on the last
equalized assessment roll and utilities concerned by
mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time
to time. At each such hearing all persons interested
shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.
(Ord. 2919, passed 7-2-1968)
§ 13.36.030 COUNCIL MAY DESIGNATE

UNDERGROUND UTILITY DISTRICTS BY
RESOLUTION.

If, after any such public hearing, the Council
finds that the public necessity, health, safety or
welfare requires such removal and such underground
installation within a designated area, the Council shall, by resolution, declare such designated area an
underground utility district and order such removal
and underground installation. Such resolution shall
include a description of the area comprising such
district and shall fix the time within which such
removal and underground installation shall be
accomplished and within which affected property
owners must be ready to receive underground service.

A reasonable time shall be allowed for such removal
and underground installation, having due regard for
the availability of labor, materials and equipment
necessary for such removal and for the installation of
such underground facilities as may be occasioned
thereby.
(Ord. 2919, passed 7-2-1968)
§ 13.36.040 UNLAWFUL ACTS.

Whenever the Council creates an underground
utility district and orders the removal of poles,
overhead wires and associated overhead structures
therein as provided in § 13.36.030, it is unlawful for
any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead
wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, except as the
overhead facilities may be required to furnish service
to an owner or occupant of property prior to the
performance by such owner or occupant of the
underground work necessary for such owner or
occupant to continue to receive utility service as
provided in § 13.36.090, and for such reasonable time
required to remove the facilities after the work has
been performed, and except as otherwise provided in
this chapter.
(Ord. 2919, passed 7-2-1968)
§ 13.36.050 EXCEPTION, EMERGENCY OR
UNUSUAL CIRCUMSTANCES.

Notwithstanding the provisions of this chapter,
overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of
the Council in order to provide emergency service.

The Council may grant special permission on such
terms as the Council may deem appropriate in cases of
unusual circumstances, without discrimination as to
any person or utility, to erect, construct, install,
maintain, use or operate poles, overhead wires and
associated overhead structures.
(Ord. 2919, passed 7-2-1968)
§ 13.36.060 OTHER EXCEPTIONS.

In any resolution adopted pursuant to
§ 13.36.030, the city may authorize any or all of the
following exceptions:
(A) Any municipal facilities or equipment
installed under the supervision and to the satisfaction of the City Engineer;
(B) Poles or electroliers used exclusively for
street lighting;
(C) Overhead wires (exclusive of supporting
structures) crossing any portion of a district within
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which overhead wires have been prohibited, or
connecting to buildings on the perimeter of a district, when such wires originate in an area from which
poles, overhead wires and associated overhead
structures are not prohibited;
(D) Poles, overhead wires and associated
overhead structures used for the transmission of
electric energy at nominal voltages in excess of 34,500 volts;
(E) Overhead wires attached to the exterior
surface of a building by means of a bracket or other
fixture and extending from one location on the
building to another location on the same building or to an adjacent building without crossing any public street; (F) Antennas, associated equipment and
supporting structures used by a utility for furnishing
communication services;
(G) Equipment appurtenant to underground
facilities, such as surface mounted transformers,
pedestal mounted terminal boxes and meter cabinets
and concealed ducts; and
(H) Temporary poles, overhead wires and
associated overhead structures used or to be used in
conjunction with construction projects.
(Ord. 2919, passed 7-2-1968)
§ 13.36.070 NOTICE TO PROPERTY
OWNERS AND UTILITY COMPANIES.
(A) Within ten days after the effective date of a
resolution adopted pursuant to § 13.36.030, the City
Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The City Clerk
shall further notify such affected property owners of
the necessity that, if they or any person occupying
such property desire to continue to receive electric,
communication or similar or associated service, they
or such occupant shall provide all necessary facility
changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.
(B) Notification by the City Clerk shall be made
by mailing a copy of the resolution adopted pursuant
to § 13.36.030, together with a copy of this chapter,
to affected property owners as such are shown on the
last equalized assessment roll and to the affected
utilities.
(Ord. 2919, passed 7-2-1968)
§ 13.36.080 RESPONSIBILITY OF UTILITY
COMPANIES.

If underground construction is necessary to
provide utility service within a district created by any resolution adopted pursuant to § 13.36.030, the
supplying utility shall furnish that portion of the
conduits, conductors and associated equipment
required to be furnished by it under its applicable
rules, regulations and tariffs on file with the
commission.
(Ord. 2919, passed 7-2-1968)
§ 13.36.090 RESPONSIBILITY OF PROPERTY
OWNERS.
(A) Every person owning, operating, leasing,
occupying or renting a building or structure within a
district shall construct and provide that portion of the service connection on his or her property between the
facilities referred to in § 13.36.080 and the termination facility on or within the building or structure being
served. If the above is not accomplished by any person
within the time provided for in the resolution enacted
pursuant to § 13.36.030, the City Engineer shall give
notice in writing to the owner thereof as shown on the
last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice.

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(B) The notice to provide the required
underground facilities may be given either by personal
service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the
United States mail in a sealed envelope with postage
prepaid, addressed to the person in possession of such
premises at such premises, and the notice must be
addressed to the owner thereof as such owner’s name
appears, and must be addressed to such owner’s last
known address as the same appears on the last
equalized assessment roll, and when no address
appears, to General Delivery, City of San Bernardino.

If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has
been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within 48
hours after the mailing thereof, cause a copy thereof,
printed on a card not less than eight inches by ten
inches in size, to be posted in a conspicuous place on
the premises.
(C) The notice given by the City Engineer to
provide the required underground facilities shall
particularly specify what work is required to be done,
and shall state that, if the work is not completed within 30 days after receipt of such notice, the City Engineer will provide such required underground facilities, in
which case the cost and expense thereof will be
assessed against the property benefitted and become a
lien upon such property.
(D) If upon the expiration of the 30-day period,
the required underground facilities have not been
provided, the city, by order of the Mayor and upon
issuance of a work order, shall forthwith proceed to
cause the work to be done; provided, however, if such
premises are unoccupied and no electric or
communications services are being furnished thereto,
the city shall, in lieu of providing the required
underground facilities, have the authority to order the disconnection and removal of any and all overhead
service wires and associated facilities supplying utility service to the property. Upon completion of the work,
the City Engineer shall file a written report with the
City Council setting forth the fact that the required
underground facilities have been provided and the cost
thereof, together with a legal description of the
property against which such cost is to be assessed. The Council shall thereupon fix a time and place for
hearing protests against the assessment of the cost of
such work upon such premises, which time shall not
be less than ten days thereafter.
(E) The City Engineer shall forthwith, upon the
time for hearing such protests having been fixed, give
a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner
thereof, in the manner hereinabove provided for the
giving of the notice to provide the required
underground facilities, of the time and place that the
Council will pass upon such report and will hear
protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
(F) Upon the date and hour set for the hearing of
protests, the Council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment.
(G) If any assessment is not paid within five days
after its confirmation by the Council, the amount of
the assessment shall become a lien upon the property
against which the assessment is made by the City
Engineer, and the City Engineer is directed to turn
over to the assessor and tax collector a notice of lien on each of the properties on which the assessment has
not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular
bill for taxes levied against the premises upon which
the assessment was not paid. The assessment shall be
due and payable at the same time as the property taxes
are due and payable, and if not paid when due and
payable, shall bear interest at the rate of 6% per year. (Ord. 2919, passed 7-2-1968)
§ 13.36.100 RESPONSIBILITY OF CITY.
(A) The city shall remove, at its own expense, all
city owned equipment from all poles required to be
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Underground Utilities 67
removed hereunder in ample time to enable the owner
or user of such poles to remove the same within the
time specified in the resolution enacted pursuant to
§ 13.36.030.
(B) Notwithstanding the provisions of any other
ordinance to the contrary, any fee required to be paid
for a wiring permit is waived when the work is to be
provided upon and in the private property of any
property owner pursuant to the wiring permit by such
property owner or his or her contractor in an approved
underground utility district.
(Ord. 2919, passed 7-2-1968; Ord. 3217, passed
12-21-1971)
§ 13.36.110 EXTENSION OF TIME.

In the event that any act required by this chapter
or by a resolution adopted pursuant to § 13.36.030
cannot be performed within the time provided on
account of shortage of materials, war, restraint by
public authorities, strikes, labor disturbances, civil
disobedience or any other circumstances beyond the
control of the actor, then the period within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
(Ord. 2919, passed 7-2-1968)
§ 13.36.120 VIOLATION - PENALTY.

It is unlawful for any person to violate any
provision or to fail to comply with any requirement of
this chapter. Any person violating any provision of
this chapter or failing to comply with any of its
requirements is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 2919, passed 7-2-1968; Ord. MC-460, passed
5-15-1985)
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TITLE 14: FRANCHISES
Chapter

14.04. GENERAL REGULATIONS

14.08. CABLE, VIDEO AND TELECOMMUNICATIONS

SERVICE PROVIDERS
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CHAPTER 14.04: GENERAL REGULATIONS
Section

14.04.010 Franchise required when

14.04.020 Application

14.04.030 Granting of franchise - conditions

14.04.040 Violation - penalty application

14.04.050 Operation after franchise
expiration - revocable license
§ 14.04.010 FRANCHISE REQUIRED WHEN.

It is unlawful for any person, firm or corporation
to exercise any privilege or franchise; to lay or
maintain any pipes or conduits in or under any public
street or alley in the city for the transmission of gas, water, heat, steam or other substance; or to exercise
any franchise or privilege for the erection or
maintenance, in or upon any public street or alley in
the city, of any telephone, telegraph, electric light or power poles, wires or system, or for the erection of
any pole or wire for the purpose of transmitting
electrical energy or current, without first having
procured a franchise to do so, unless such person, firm or corporation is entitled to do so by direct and
unlimited authority of the California Constitution or
the laws of the U.S. Constitution.
(Ord. 541, passed 11-10-1913)
§ 14.04.020 APPLICATION.

Any person desiring to procure a franchise for
any of the purposes mentioned in § 14.04.010 shall
make application therefor in accordance with the
procedural requirements set forth in the Franchise Act
of 1937 (Cal. Public Utilities Code, §§ 6201 et seq.)
and as amended.
(Ord. 541, passed 11-10-1913; Ord. 2162, passed
2-19-1957; Ord. MC-1135, passed 12-18-2002)
§ 14.04.030 GRANTING OF FRANCHISE -
CONDITIONS.

The Mayor and CommonCity Council may grant
a franchise, subject to any restrictions, terms and
conditions (including compensation), without
limitation, that they deem to be in the best interests of the city. The Mayor and CommonCity Council may
refuse to grant a franchise, when, in their opinion, the granting of any such franchise will not be in the best
interests of the city.
(Ord. 541, passed 11-10-1913; Ord. MC-1135, passed
12-18-2002)
§ 14.04.040 VIOLATION - PENALTY
APPLICATION.

Any person, firm or corporation exercising or
attempting to exercise any franchise for any of the
purposes mentioned in § 14.04.010, or laying or
maintaining any pipes or conduits in or upon any street in the city, for the transmission of gas, water, heat,
steam or other substance, or erecting any telephone,
telegraph or electric light or power poles, wires or
system, within the city, in violation of any provision
of this chapter, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with
the provisions of § 1.12.010. In addition, any person,
firm or corporation exercising or attempting to
exercise any franchise for any of such purposes after
a franchise or license (issued pursuant to this chapter) has expired shall be subject to a civil penalty of three 3 Packet Page 1284
4 San Bernardino - Franchises
times the compensation required under the expired
franchise or license prorated on a “per day” basis.

Such civil penalty shall be in addition to any other
terms and conditions set out in the franchise or license, and shall not, in any way, limit or otherwise restrict
any other legal or equitable remedy available to city.
(Ord. 541, passed 11-10-1913; Ord. MC-460, passed
5-15-1985; Ord. MC-1135, passed 12-18-2002)
§ 14.04.050 OPERATION AFTER FRANCHISE
EXPIRATION - REVOCABLE LICENSE.

If a franchise is to expire within 60 days
according to the franchise terms, and a new franchise
has been requested, but has not yet been granted, the
franchisee may request the Mayor and CommonCity
Council to issue the franchisee a written revocable
license, for a renewable term not to exceed 120 days
from the expiration of the franchise, permitting the
franchisee to continue to locate its existing facilities in or upon public property in the city during the term of
the license. The Mayor and CommonCity Council may
issue such a revocable license, subject to any
restrictions, terms and conditions (including
compensation), without limitation, that they deem to
be in the best interests of the city. Nothing herein
requires the Mayor and CommonCity Council to grant
such a revocable license, nor does the issuance of such a revocable license require that the Mayor and
CommonCity Council grant the franchisee a new
franchise. Upon request of the franchisee, the City
Clerk shall provide a revocable license application
form.
(Ord. MC-1135, passed 12-18-2002)
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CHAPTER 14.08: CABLE, VIDEO AND TELECOMMUNICATIONS SERVICE PROVIDERS Section
Article I. General Provisions

14.08.01 Short title

14.08.02 Authority

14.08.03 Defined terms and phrases
Article II. Procedures for Granting, Renewing and
Transferring Franchises for Cable Systems

14.08.04 Franchise required

14.08.05 City grants of cable franchises

14.08.06 Franchise duration and renewal

14.08.07 Limitations of franchise

14.08.08 Rights reserved to the city

14.08.09 Transfers and assignments

14.08.10 Franchise service area;
annexations

14.08.11 Application for new franchise;
contents

14.08.12 Franchise approval

14.08.13 Franchise renewal

14.08.14 Multiple franchises

14.08.15 Franchise application processing
costs

14.08.16 Franchise fee for cable services

14.08.17 Contents of cable television
franchise agreement
Article III. Open Video Systems

14.08.18 Applicability

14.08.19 Application required

14.08.20 Review of application

14.08.21 Agreement required
Article IV. Other Video and Telecommunications
Services and Systems

14.08.22 Other multi-channel video
programming distributors

14.08.23 Video providers - registration;
customer service standards

14.08.24 Telecommunications service
provided by telephone
corporations

14.08.25 Public, educational and
governmental support fee (“PEG
fee”) and requirement to provide
PEG channels
Article V. Definitions

14.08.26 Defined terms and phrases
Article VI. Violations; Enforcement

14.08.27 Violations; enforcement
ARTICLE I. GENERAL PROVISIONS
§ 14.08.01 SHORT TITLE.

This chapter is known and may be cited as the
“Cable, Video and Telecommunications Service
Providers Ordinance” of the city.
§ 14.08.02 AUTHORITY.

This chapter is enacted by the city pursuant to the
Communications Act, the city’s police powers under
its Charter, its authority to control the use of the
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public rights-of-way within the city and all other
applicable laws.

Cross-reference:

Communications Act defined, see § 14.08.26
§ 14.08.03 DEFINED TERMS AND PHRASES.

Various terms and phrases used in this chapter are
defined in § 14.08.26.

ARTICLE II. PROCEDURES FOR GRANTING,

RENEWING AND TRANSFERRING

FRANCHISES FOR CABLE SYSTEMS
§ 14.08.04 FRANCHISE REQUIRED.

It is unlawful for any person to construct, install,
maintain or operate a cable television system within
any street or public way in the city without first
obtaining a franchise under the provisions of this
article or, if applicable, under the provisions of the
Digital Infrastructure and Video Competition Act of
2006; provided, however, that any cable operator
authorized to provide cable service under a franchise
granted by the city prior to the effective date of this chapter may continue to exercise that authority until
the expiration or termination of that franchise.

Statutory reference:

Digital Infrastructure and Video Competition Act
of 2006, see Cal. Stats 2006, Assembly Bill
No. 2987, Ch. 700 codified at Cal. Public
Utilities Code, §§ 5800 et seq.
§ 14.08.05 CITY GRANTS OF CABLE
FRANCHISES.

Subject to applicable law, the city may, by
ordinance or resolution, grant a franchise to any
person, whether or not operating under an existing
franchise, or who elects to provide cable service
pursuant to the provisions of this chapter. The
franchise shall be subject to all ordinances and
regulations of general application now in effect or
subsequently enacted, including, without limitation,
those related to encroachment permits, business
licenses, zoning and building.
§ 14.08.06 FRANCHISE DURATION AND
RENEWAL.
(A) The term of the franchise or of any franchise
renewal shall be established in the franchise
agreement.
(B) A franchise may be renewed by the city upon
application of the grantee pursuant to procedures
established by the city, subject to applicable federal
and state law. In the event the city does not establish such renewal procedures, the franchise renewal
procedures set forth in federal law shall apply.
§ 14.08.07 LIMITATIONS OF FRANCHISE.
(A) A franchise granted under this chapter shall
be non-exclusive.
(B) The grant of a franchise, right or license to
use public rights-of-way for purposes of providing
cable service shall not be construed as a right or
license to use such public rights-of-way for any other
purpose.
(C) Any right or privilege claimed by a grantee
under a franchise in public rights-of-way or other
public property shall be subordinate to any prior or
subsequent lawful occupancy or use thereof, or
easement therein, by the city or other governmental
entity.
(D) A franchise granted under this chapter shall
not relieve a grantee of any obligation to obtain pole
space from any city department, utility company or
others maintaining poles in the public rights-of-way.

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Cable, Video and Telecommunications Service Providers 7 § 14.08.08 RIGHTS RESERVED TO THE
CITY.
(A) Subject to any restrictions that are mandated
by state or federal law, neither the granting of any
franchise nor any provisions of this chapter shall be
construed to preclude the city from granting additional franchises.
(B) By its acceptance of a franchise, a grantee
agrees to comply with all lawful ordinances and
regulations of general application now in effect or
subsequently enacted; provided, however, that such
ordinances and regulations shall not materially affect
grantee’s rights or obligations under the franchise.
(C) Neither the granting of a franchise, nor any
provisions of this chapter, shall constitute a waiver or bar to the city’s lawful exercise of any governmental
right or power.
(D) This chapter shall not be construed to impair
or affect, in any way, the right of the city to acquire the grantee’s property through the exercise of the
power of eminent domain, in accordance with
applicable law.
(E) The Mayor and City Council may do all
things necessary in the exercise of its jurisdiction
under this chapter and may determine any question of
fact that may arise during the term of any franchise
granted under this chapter.
(F) Any right or power in, or duty imposed
upon, any officer, employee, department or board of
the city shall be subject to transfer by the city to any other officer, employee, department or board of the
city.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.09 TRANSFERS AND ASSIGNMENTS.
(A) Grantee may not sell, transfer, lease, assign,
sublet or dispose of, in whole or in part, either by
forced or involuntary sale, or by ordinary sale,
contract, consolidation or otherwise, the franchise or
any of the rights or privileges therein granted, without the prior written consent of the Mayor and City
Council. Any attempt to sell, transfer, lease, assign or otherwise dispose of the franchise without the written
consent of the Mayor and City Council is null and
void. The granting of a security interest in any assets of the grantee, or any mortgage or other
hypothecation, will not be deemed a transfer for the
purposes of this section.
(B) The requirements of division (A) above
apply to any change in control of the grantee. The
word “control,” as used herein, is not limited to the
ownership of major stockholder or partnership
interests, but includes actual working control in
whatever manner exercised. If the grantee is a
partnership or a corporation, prior authorization of the city is required where ownership or control of 25% or
more of the partnership interests or of the voting stock of the corporation, or any company in the tier of
companies controlling the grantee, whether directly or
indirectly, is acquired by a person or a group of
persons acting in concert, none of whom, individually
or collectively, owns or controls those partnership
interests or that voting stock of the grantee, or the
grantee’s upper tier of controlling companies, as of the effective date of the franchise.
(C) Unless precluded by federal law, the grantee
must give prior written notice to the city of any
proposed foreclosure or judicial sale of all or a
substantial part of the grantee’s franchise property.

That notification will be considered by the city as
notice that a change in control of ownership of the
franchise will take place, and the provisions of this
section that require the prior written consent of the
Mayor and City Council to that change in control of
ownership will apply.
(D) For the purpose of determining whether it
will consent to an acquisition, transfer or change in
control, the city may inquire about the qualifications of the prospective transferee or controlling party, and the Packet Page 1288
8 San Bernardino - Franchises
grantee must assist the city in that inquiry. In seeking the city’s consent to any change of ownership or
control, the grantee or the proposed transferee, or
both, must complete Federal Communications
Commission Form 394 or its equivalent. This
application must be submitted to the city not less than 120 days prior to the proposed date of transfer. The
transferee must establish that it possesses the legal,
financial and technical capability to remedy all
then-existing defaults and deficiencies, and during the remaining term of the franchise, to operate and
maintain the cable system and to comply with all
franchise requirements. If the legal, financial and
technical qualifications of the proposed transferee are determined to be satisfactory, then the city will
consent to the transfer of the franchise.
(E) Any financial institution holding a pledge of
the grantee’s assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the city that it, or a designee satisfactory to the city, will take control of and operate the cable television system upon the grantee’s default
in its financial obligations. Further, that financial
institution must also submit a plan for such operation
within 90 days after assuming control. The plan must
ensure continued service and compliance with all
franchise requirements during the period that the
financial institution will exercise control over the
system. The financial institution may not exercise
control over the system for a period exceeding one
year, unless authorized by the city, in its sole
discretion, and during that period, it will have the
right to petition the city to transfer the franchise to another grantee.
(F) Unless prohibited by applicable law, the
grantee must reimburse the city for the city’s
reasonable review and processing expenses incurred in
connection with any transfer or change in control of
the franchise, as provided for in § 14.08.15.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.10 FRANCHISE SERVICE AREA;
ANNEXATIONS.
(A) The franchise service area shall be
established in the franchise agreement.
(B) Territory annexed to the city that is not
within the service area of a franchised or licensed
cable operator at the time of annexation may be
included within the franchise service area of an
incumbent cable operator, as determined by Mayor
and City Council resolution.
(C) Territory annexed to the city that is included
within the service area of a franchise or license issued by a local franchising authority other than the city is subject to the following provisions.
(1) If the franchisee or licensee has not
commenced construction or installation of a cable
system before the annexation becomes effective, then
all rights acquired by a cable operator under that
franchise or license will terminate by operation of law. (2) If the franchisee or licensee has
commenced construction or installation of a cable
system before the annexation becomes effective, then
that franchisee or licensee may continue to provide
cable service to the annexed territory in accordance
with the terms and conditions of the existing franchise or license; provided that all obligations thereunder,
including the timely payment of franchise fees and
PEG support fees, if any, shall be due and owing to
the city by operation of law.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.11 APPLICATION FOR NEW
FRANCHISE; CONTENTS.
(A) An application for the grant of a new
franchise may be submitted by any person pursuant to
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Cable, Video and Telecommunications Service Providers 9 the requirements of this chapter and subject to the
terms of the city’s schedule of fees, as such schedule
may, from time to time, be amended. The city may,
by advertisement or any other means, solicit
applications for a new franchise by issuing a request
for proposals.
(B) An application for a new franchise to
construct, install, operate or maintain a cable system
in the city shall be filed with the Department of
Finance and Management Services and shall be on
forms prescribed by the city. The city reserves the
right to waive all application formalities where the city determines that the best interests of the city would be served by such waiver.
(C) Unless waived in writing by the city, all
applications for a franchise shall contain the following:
(1) The name, address and telephone
number of the applicant;
(2) A detailed statement concerning the
applicant’s business entity, including, but not limited to, the following:
(a) The names and business addresses
of all officers and directors;
(b) The names and business addresses
of all persons having an ownership interest of 5% or
more in the applicant and the respective ownership
interest of each such person; and
(c) The names and addresses of any
parent or subsidiary of the applicant, namely, any
other business entity owning or controlling applicant
in whole or in part, or owned or controlled in whole or in part by the applicant, and a statement describing the business of any such parent or subsidiary, including,
but not limited to, cable systems owned or controlled
by the parent or subsidiary, and the geographic areas
served.
(3) A description of the applicant’s previous
experience in providing cable service or similar
communications services;
(4) A detailed financial statement of the
applicant, certified by an independent certified public accountant, for the fiscal year preceding the date of the application. The city may require a statement from an
independent certified public accountant, or a
recognized lending institution, certifying that the
applicant has sufficient financial resources available to construct and operate the proposed cable system in the
city;
(5) A detailed pro forma financial plan for
the operation of the cable system during the term of
the proposed franchise, in a format prescribed by the
city;
(6) A description of any cable system
franchises awarded to the applicant, its parent or
subsidiary, including the location and term of these
franchises, the status of their completion, the total cost of completion of each cable system and the amount of
applicant’s and its parent’s or subsidiary’s resources
committed to the completion of these cable systems;
(7) A detailed description of the applicant’s
proposed plan of operation which shall include, but not be limited to, the following:
(a) A detailed map that describes all
areas of the city proposed to be served, and a proposed schedule for the construction of the cable system and
the installation of all equipment necessary to become
operational throughout the area to be served;
(b) A schedule setting forth all
proposed classifications of rates and charges to be paid by subscribers, including installation and other service charges;
(c) A description of the equipment and
operational standards proposed by the applicant;
(d) A description of the applicant’s
plan to provide public, educational and governmental
access channel capacity, services, facilities and
equipment, including a description of the method to be
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10 San Bernardino - Franchises
used by the applicant in reserving and inserting PEG
programming; and
(e) A description of the applicant’s
plans to address the city’s institutional network needs. (8) A copy of any existing agreement
covering the proposed franchise service area between
the applicant and local telephone or electric utilities that provides for applicant’s use of any facilities of
that utility, including, but not limited to, poles, lines or conduits; and
(9) Any additional information that the city
deems to be reasonably necessary to evaluate the
applicant’s qualifications.
(D) The applicant’s failure to comply with the
requirements of this section may be grounds for
rejection of an application at the city’s sole discretion. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625,
passed 2-21-2024)
§ 14.08.12 FRANCHISE APPROVAL.
(A) The city may make such investigation as it
deems necessary to determine the ability of an
applicant to satisfactorily perform its obligations under a franchise. The applicant shall timely furnish to the
city such additional information as the city may
request.
(B) Upon receipt of a complete application, and
following the city’s investigation and review of that
application, the City Manager shall prepare a report
and make recommendations to the Mayor and City
Council concerning the application.
(C) The Mayor and City Council shall hold a
noticed public hearing on the application. Written
notice shall be given to the applicant at least ten days prior to the hearing by United States mail, postage
prepaid, and by publication once in a newspaper of
general circulation within the city. Within 60 days
after the close of the hearing, unless an extension of
time is mutually agreed upon by the city and the
applicant, the Mayor and City Council shall make a
written decision on whether the franchise should be
granted, and if granted, subject to what conditions.
(D) In determining whether to grant an
application for a new franchise, the city may consider
all factors that affect the interests of the community, including, but not limited to, the quality of the
proposed cable service; the areas to be served; the
rates to be charged; the amount of franchise fees to be generated; the experience, character, background,
performance history and financial responsibility of an
applicant (and its management and owners); the
technical performance and quality of equipment; the
applicant’s willingness and ability to meet construction requirements; and all other matters deemed relevant by
the city to protect the interests of the city and the
public.
(E) The decision of the Mayor and City Council
concerning the granting or denial of a franchise
pursuant to this chapter shall be final.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.13 FRANCHISE RENEWAL.

Franchise renewals shall be processed in
accordance with then-applicable law and with the
renewal terms, if any, of the franchise agreement. The
city and the grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise.
§ 14.08.14 MULTIPLE FRANCHISES.
(A) In its sole discretion, the city may limit the
number of franchises granted at any one time based
upon its consideration of all appropriate criteria, which shall include, but not be limited to, the following:
(1) The capability of the public
rights-of-way to accommodate the facilities of any
proposed additional cable systems; and
(2) The advantages and disadvantages that
may result from additional cable system competition.
(B) The city may require that a grantee be
responsible for its own underground trenching and any
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Cable, Video and Telecommunications Service Providers 11 associated costs if, in the city’s opinion, the public
rights-of-way in any area cannot reasonably
accommodate the additional cables, machinery,
equipment or other facilities contemplated in
connection with the construction, maintenance and
operation of a proposed new cable system.
§ 14.08.15 FRANCHISE APPLICATION
PROCESSING COSTS.
(A) In connection with any application for a new
franchise, a franchise modification requesting entry
into a new area of the city, a franchise renewal or a
franchise transfer, the applicant shall pay an
application fee deposit equal to the city’s estimated
costs in processing and reviewing the application, as
such costs may be established, from time to time, by
resolution of the Mayor and City Council. Such costs
shall include all estimated administrative, consultant, noticing and document preparation expenses. No
application shall be considered without payment of the
application fee deposit. If the application fee deposit is less than the city’s actual costs, the applicant shall pay such additional costs to the city within 30 days after
written notice from the city that such additional
payment is required. If payment of such amount is not
made within such time, the city shall cease all further proceedings related to the application. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant.
(B) Application fee deposits are exclusive of an
applicant’s or grantee’s obligation to pay other costs
and fees required by this chapter or the franchise
agreement, including, without limitation, construction
inspection fees, permit fees and franchise fees.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.16 FRANCHISE FEE FOR CABLE
SERVICES.
(A) In consideration for the privilege to use the
city’s public rights-of-way in the operation of its cable system, and because the city will incur costs and
expenses in regulating and administering the franchise, the grantee shall pay to the city a franchise fee in an amount equal to 5% of the grantee’s gross revenues,
unless a greater amount is authorized by applicable
law.
(B) The franchise fee shall be paid quarterly and
must be received by the city not later than 45 days
after the close of each calendar quarter.
(C) Concurrently with the payment of franchise
fees, the grantee shall provide to the city a statement verified by a financial officer of grantee that sets forth gross revenues for the previous calendar quarter,
listing every revenue source and describing gross
revenue computations.
(D) (1) On an annual basis, the grantee shall file
a statement certified by a financial officer that sets
forth all gross revenues for the previous calendar year, listing every revenue source and describing gross
revenue computations.
(2) If the city has any objections relating to
that report, the city shall have 30 days to notify the
grantee and to request additional information. The
grantee shall have 30 days to provide additional
information to resolve any objections to the city’s
satisfaction.
(E) (1) At any time during the term of a
franchise, the city has the right to conduct, or require the grantee to obtain, an independent audit by certified public accountants approved by the city of all records
of the grantee related to gross revenue reports or
computations. The grantee shall pay all costs of that
audit. The grantee shall cooperate with any such audit
and shall make readily available all information
requested by the city without regard as to whether
information is contained in documents (as defined in
the Public Records Act) or other media in the
possession or under the control of the grantee.
(2) The certified public accountants shall be
required to certify in the audit that the grantee is in compliance with this chapter and the franchise
agreement. The grantee shall maintain, in a readily
accessible place, all relevant financial records for a
minimum of four years after any payment period that
such records pertain to.
(F) If any franchise fee payment is not made by
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12 San Bernardino - Franchises
the due date, interest shall be charged monthly at a
rate of 1%. In addition, if any franchise fee is not paid in full within 15 days after the grantee’s receipt of
notice from the city concerning the delinquency of that payment, a late fee in the amount of 5% of the
delinquent amount shall be assessed.

Editor’s note:

Utility usage data is not subject to PRA
requests, with certain exceptions under
Cal. Gov’t Code, § 7927.410 (formerly
Cal. Gov’t Code, § 6254.4).

Statutory reference:

Public Records Act, see Cal. Gov’t Code,
§§ 7920.000 et seq.
§ 14.08.17 CONTENTS OF CABLE
TELEVISION FRANCHISE AGREEMENT.
(A) The provisions of a franchise agreement for
the operation of a cable television system may relate to or include, without limitation, the following subject
matters:
(1) The geographical area, duration and
non-exclusive nature of the franchise;
(2) The applicable franchise fee to be paid
to the city, including the percentage amount, the
method of computation and the time for payment;
(3) Requirements relating to compliance
with and implementation of state and federal laws and
regulations pertaining to the operation of the cable
television system;
(4) Requirements relating to the
construction, upgrade or rebuild of the cable television system, as well as the provision of special services,
such as outlets for public buildings, emergency alert
capability and parental control devices;
(5) Requirements relating to the
maintenance of a performance bond, a security fund,
a letter of credit or similar assurances as determined
by the city to secure the performance of the grantee’s
obligations under the franchise agreement;
(6) Requirements relating to liability
insurance, workers’ compensation insurance and
indemnification;
(7) Requirements relating to consumer
protection and customer service standards, including
the resolution of subscriber complaints and disputes
and the protection of subscribers’ privacy rights,
which requirements may include, without limitation,
compliance with the statutes, rules and regulations set forth below in § 14.08.23;
(8) Requirements relating to the grantee’s
support of local cable usage, including the provision of public, educational or governmental access channels;
the coverage of public meetings and special events;
interconnection requirements; and financial support for the required access channel facilities and activities that is consistent with this title;
(9) Requirements relating to construction,
operation and maintenance of the cable system within
the public rights-of-way, including compliance with all applicable building codes and permit requirements; the
abandonment, removal or relocation of facilities; and
compliance with FCC technical standards;
(10) R e q u i r e m e n t s r e l a t i n g t o
record-keeping, accounting procedures, reporting,
periodic audits, performance reviews and the
inspection of grantee’s books and records;
(11) Acts or omissions constituting material
breaches of or defaults under the franchise agreement,
and the applicable penalties or remedies for those
breaches or defaults, including fines, penalties,
liquidated damages, suspension, revocation and
termination;
(12) Requirements relating to the sale,
assignment or other transfer or change in control of
the franchise;
(13) The grantee’s obligation to maintain
continuity of service and to authorize, under certain
specified circumstances, the city’s operation and
management of the cable system; and
(14) Such additional requirements,
conditions, policies and procedures as may be
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Cable, Video and Telecommunications Service Providers 13 mutually agreed upon by the parties to the franchise
agreement and that will, in the judgment of the city,
best serve the public interest and protect the public
health, welfare and safety.
(B) If there is any conflict or inconsistency
between the provisions of a franchise agreement
authorized by the Mayor and City Council and
provisions of this section, the provisions of the
franchise agreement will control.
(Ord. MC-1484, passed 4-18-2018)
ARTICLE III. OPEN VIDEO SYSTEMS
§ 14.08.18 APPLICABILITY.

The provisions of this article apply to an open
video system operator that intends to deliver video
programming to consumers in the city over an open
video system.
§ 14.08.19 APPLICATION REQUIRED.
(A) Before commencing the delivery of video
programming services to consumers in the city over an
open video system, the open video system operator
must file an application with the city. That application must include or be accompanied by the following, as
applicable:
(1) The identity of the applicant, including
all affiliates of the applicant;
(2) Copies of FCC Form 1275, all “notices
of intent” filed under 47 C.F.R. § 76.1503(b)(1) and
the order of the FCC, all of which relate to
certification of the applicant to operate an open video system in accordance with § 653(a)(1) of the
Communications Act, being 47 U.S.C. § 573(a)(1),
and the FCC’s rules;
(3) The area or areas of the city that the
applicant desires to serve;
(4) A description of the open video system
services that will be offered by the applicant over its existing or proposed facilities;
(5) A description of the transmission
medium that will be used by the applicant to deliver
the open video system services;
(6) Information in sufficient detail to
establish the applicant’s technical qualifications,
experience and expertise regarding the ownership and
operation of the open video system described in the
application;
(7) Financial statements prepared in
accordance with generally accepted accounting
principles that demonstrate the applicant’s financial
ability to:
(a) Construct, operate, maintain and
remove any new physical plant that is proposed to be
constructed in the city;
(b) Comply with the city’s PEG access
channel requirements as specified below in
§ 14.08.21(B)(4); and
(c) Comply with the city’s requirement
that gross revenue fees be paid in the sum of 5%, as
specified below in § 14.08.21(B)(2).
(8) An accurate map showing the location
of any existing telecommunications facilities in the city that the applicant intends to use, to purchase or to
lease;
(9) If the applicant’s operation of the open
video system will require the construction of a new
physical plant in the city, the following additional
information must be provided:
(a) A preliminary construction
schedule and completion dates;
(b) Preliminary engineering plans,
specifications and a network map of any new facilities
to be constructed in the city, in sufficient detail to
identify:

1. The location and route
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14 San Bernardino - Franchises
requested for the applicant’s proposed facilities;

2. The locations, if any, for
interconnection with the facilities of other
telecommunications service providers; and

3. The specific structures,
improvements, facilities relocate on a temporary or
permanent basis.
(c) The applicant’s statement that, in
constructing any new physical plant, the applicant will comply with all applicable ordinances, rules and
regulations of the city, including the payment of all
required permit and processing fees.
(10) The information and documentation that
is required to be submitted to the city by a video
provider, as specified below in § 14.08.23(B);
(11) Such additional information as may be
required by the City Manager; and
(12) A non-refundable filing fee in an
amount established by resolution of the Mayor and
City Council.
(B) If any item of information specified in
division (A) above is determined under paramount
federal or state law to be unlawful, the City Manager
is authorized to waive the requirement that such
information be included in the application.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.20 REVIEW OF APPLICATION.

Within 30 days after receipt of an application
filed under § 14.08.19 that is deemed to be complete,
the City Manager will give written notice to the
applicant of the city’s intent to negotiate an agreement setting forth the terms and conditions under which the
operation of the proposed open video system will be
authorized by the city. The commencement of those
negotiations will be on a date that is mutually
acceptable to the city and to the applicant.
§ 14.08.21 AGREEMENT REQUIRED.
(A) No video programming services may be
provided in the city by an open video system operator
unless the operator and the city have executed a
written agreement, which may be designated as a
franchise, setting forth the terms and conditions under which the operation of the proposed open video system
will be authorized by the city.
(B) The agreement between the city and the open
video system operator may contain terms and
conditions that relate to the following subject matters, to the extent that such terms, conditions and subject
matters are not preempted by federal statute or
regulations:
(1) The nature, scope and duration of the
agreement, including provisions for its renewal or
extension;
(2) The obligation of the open video system
operator to pay to the city, at specified times, fees on the gross revenue received by the operator, as
authorized by 47 C.F.R. § 76.1511, in accordance
with the following standards and procedures.
(a) The amount of the fees on the gross
revenue will be 5%, and will be paid in lieu of the
franchise fees authorized under § 622 of the
Communications Act, being 47 U.S.C. § 542.
(b) The term GROSS REVENUE
means:

1. All gross revenue received by
an open video system operator or its affiliates,
including all revenues received from subscribers and
all carriage revenues received from unaffiliated video
programming providers; and

2. All advertising revenues
received by the operator or its affiliates in connection with the provision of video programming, where such
revenues are included in the calculation of the cable
franchise fee paid to the city by the franchised cable
operator. The term GROSS REVENUE does not
include revenue, such as subscriber or advertising
revenue, collected by unaffiliated video programming
providers.

Packet Page 1295
Cable, Video and Telecommunications Service Providers 15 (3) The obligation of the open video system
operator to comply with requirements relating to
information collection and record-keeping, accounting
procedures, reporting, periodic audits and inspection
of records in order to ensure the accuracy of the fees
on the OVS gross revenue that are required to be paid
as specified above in division (B)(2) above;
(4) The obligation of the open video system
operator to meet the city’s requirements with respect
to PEG access facilities, as provided for in 47 C.F.R.
§ 76.1505. In this regard, the following standards and
procedures are applicable.
(a) The open video system operator is
subject to the same PEG access channel requirements
that apply within the cable television franchise service area with which its system overlaps.
(b) The open video system operator
must ensure that all subscribers receive all PEG access channels within the franchise service area in which the city’s subscribers are located.
(c) The open video system operator
may negotiate with the city to establish the operator’s obligations with respect to PEG access facilities. These negotiations may include the city’s franchised cable
operator if the city, the open video system operator
and the franchised cable operator so desire.
(d) If the open video system operator
and the city are unable to reach an agreement
regarding the operator’s obligations with respect to
public, educational and government access channel
capacity, services, facilities and equipment within the city’s jurisdiction, then the following obligations will be imposed.

1. The open video system
operator must satisfy the same PEG access channel
obligations as the city’s franchised cable operator by
providing the same amount of channel capacity for
PEG access and by matching the city’s franchised
cable operator’s annual financial contributions in
support of public, educational and government access
services, facilities and equipment that are actually used by the city. For in-kind contributions, such as cameras or production studios, the open video system operator
may satisfy its statutory obligation by negotiating
mutually agreeable terms with the city’s franchised
cable operator, so that PEG access services to the city are improved or increased. If such terms cannot be
agreed upon, the open video system operator must pay
to the city the monetary equivalent of the franchised
cable operator’s depreciated in-kind contribution, or,
in the case of facilities, the annual amortization value.

Any matching contributions provided by the open
video system operator must be used to fund activities
arising under § 611 of the Communications Act, being
47 U.S.C. § 531.

2. The city will impose upon the
open video system operator the same rules and
procedures that it imposes upon the franchised cable
operator with regard to the open video system
operator’s use of channel capacity designated for PEG
access channel use when that capacity is not being
used for such purposes.
(e) The city’s franchised cable operator
is required under federal law to permit the open video
system operator to connect with its PEG access
channel feeds. The open video system operator and the
franchised cable operator may decide how to
accomplish this connection, taking into consideration
the physical and technical characteristics of the cable and the open video systems involved. If the franchised
cable operator and the open video system operator
cannot agree on how to accomplish the connection, the
city has the right to decide. The city may require that the connection occur on city owned property or on
public rights-of-way.
(f) All costs of connection to the
franchised cable operator’s PEG access channel feed
must be borne by the open video system operator.

These costs will be counted towards the open video
system operator’s matching financial contributions set
forth above in division (B)(4)(d)1. above.

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16 San Bernardino - Franchises
(g) The city will not impose upon the
open video system operator any public, educational or
government access channel obligations that are more
favorable or less burdensome than those imposed upon
the franchised cable operator.
(h) If there is no existing franchised
cable operator, the provisions of 47 C.F.R.
§ 76.1505(d)(6) will be applicable in determining the
obligations of the open video system operator.
(i) The open video system operator
must adjust its system to comply with new public,
educational, governmental and access channel
obligations imposed on the city’s franchised cable
operator following a renewal of the cable television
franchise; provided, however, that the open video
system operator will not be required to displace other
programmers using its open video system to
accommodate PEG access channels. The open video
system operator must comply with such new PEG
access channel obligations whenever additional
capacity is or becomes available, whether it is due to
increased channel capacity or to decreased demand for
channel capacity.
(5) If the city and the open video system
operator cannot agree on the application of the FCC’s
rules regarding the open video system operator’s
obligations to provide PEG access under the provisions
of division (B)(4) above, then either party may file a
complaint with the FCC in accordance with the dispute
resolution procedures set forth in 47 C.F.R.
§ 76.1514. No agreement will be executed by the city
until the dispute has been finally resolved;
(6) If the open video system operator
intends to maintain an institutional network, as defined in § 611(f) of the Communications Act, being 47
U.S.C. § 531(f), the city will require that educational and government access channels be designated on that
institutional network to the same extent that those
channels are designated on the institutional network of the city’s franchised cable operator. In addition, to the extent authorized by federal law, the open video
system operator may be required by the city to satisfy
the same financial obligations and other requirements
that are imposed upon the franchised cable operator to
support data-transmission and related services that are provided by the institutional network;
(7) The authority of an open video system
provider to exercise editorial control over any public, educational or government use of channel capacity will
be restricted in accordance with the provisions of 47
C.F.R. § 76.1505(f);
(8) The obligation of the open video system
operator to comply with all applicable federal, state
and local statutes, ordinances and regulations, relating to customer service standards, including the Cable
Television and Video Provider Customer Service and
Information Act (Cal. Gov’t Code, §§ 53054 et seq.);
the Video Customer Service Act (Cal. Gov’t Code,
§§ 53088 et seq.); and the consumer protection and
service standards of this chapter, commencing with
§ 14.08.22;
(9) If new physical plant is proposed to be
constructed within the city, the obligation of the open video system operator to comply with the following
rights-of-way use and management responsibilities that
are also imposed by the city upon other
telecommunications service providers in a
non-discriminatory and competitively neutral manner:
(a) Compliance with all applicable city
laws, including applications for excavation,
encroachment and construction permits and the
payment of all required permit and inspection fees;
(b) The coordination of construction
activities;
(c) Compliance with established
standards and procedures for constructing lines across
private property;
(d) Compliance with all applicable
insurance and indemnification requirements;
(e) The repair and resurfacing of
construction-damaged streets; and
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Cable, Video and Telecommunications Service Providers 17 (f) Compliance with all public safety
requirements that are applicable to telecommunications
service providers using public property or public
rights-of-way.
(10) Acts or omissions constituting breaches
or defaults of the agreement, and the applicable
penalties, liquidated damages and other remedies,
including fines or the suspension, revocation or
termination of the agreement;
(11) Requirements relating to the sale,
assignment or transfer of the open video system;
(12) Requirements relating to the open video
system operator’s compliance with and implementation
of state and federal laws, rules and regulations
pertaining to the operation of the open video system;
and
(13) Such additional requirements,
conditions, terms, policies and procedures as may be
mutually agreed upon by the city and the open video
system operator and that will, in the judgment of the
Mayor and CommonCity Council, best serve the
public interest and protect the public health, welfare
and safety.

ARTICLE IV. OTHER VIDEO AND

TELECOMMUNICATIONS SERVICES AND

SYSTEMS
§ 14.08.22 OTHER MULTI-CHANNEL VIDEO
PROGRAMMING DISTRIBUTORS.

The term CABLE SYSTEM does not include a
facility that serves subscribers without using any
public rights-of-way. Consequently, the categories of
multi-channel video programming distributors
identified below are not deemed to be CABLE
SYSTEMS and are, therefore, exempt from the city’s
franchise requirements and from certain other local
regulatory provisions authorized by federal law;
provided that their distribution or transmission
facilities do not involve the use of the city’s public
rights-of-way.
(A) MULTI-CHANNEL MULTI-POINT
DISTRIBUTION SERVICE (“MMDS”), also known
as WIRELESS CABLE, which typically involves the
transmission by an FCC-licensed operator of numerous
broadcast stations from a central location using
line-of-sight technology.
(B) LOCAL MULTI-POINT DISTRIBUTION
SERVICE (“LMDS”), another form of over-the-air,
wireless video service for which licenses are auctioned by the FCC and that offers video programming,
telephone and data networking services.
(C) DIRECT BROADCAST SATELLITE
(“DBS”), also referred to as DIRECT-TO-HOME
SATELLITE SERVICES, which involves the
distribution or broadcasting of programming or
services by satellite directly to the subscriber’s
premises without the use of ground receiving or
distribution equipment, except at the subscriber’s
premises or in the up-link process to the satellite.

Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory
provisions.
(1) 47 U.S.C. § 303(v) confers upon the
FCC exclusive jurisdiction to regulate the provisions
of direct-to-home satellite services.
(2) Section 602 of the Communications Act,
being 47 U.S.C. § 522, states that a provider of
direct-to-home satellite service is exempt from the
collection or remittance, or both, of any tax or fee
imposed by any local taxing jurisdiction on
direct-to-home satellite service. The terms TAX and
FEE are defined by federal statute to mean any local
sales tax, local use tax, local intangible tax, local
income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax or any other tax, license or fee that is imposed for the privilege of doing business,
regulating or raising revenue for a local taxing
jurisdiction.
§ 14.08.23 VIDEO PROVIDERS -
REGISTRATION; CUSTOMER SERVICE
STANDARDS.

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18 San Bernardino - Franchises
(A) Unless the customer protection and customer
service obligations of a video provider are specified in a franchise with the city, a video provider must
comply with all applicable provisions of the following
state statutes:
(1) The Cable Television and Video
Provider Customer Service and Information Act (Cal.

Gov’t Code, §§ 53054 et seq.); and
(2) The Video Customer Service Act (Cal.

Gov’t Code, §§ 53088 et seq.).
(B) (1) All video providers that are operating in
the city on the effective date of this chapter, or that intend to operate in the city after the effective date of this chapter, and are not required under applicable law to operate under a franchise, license, lease or similar written agreement with the city, must register with the city.
(2) The registration form must include or be
accompanied by the following:
(a) The video provider’s name, address
and local telephone numbers;
(b) The names of the officers of the
video provider;
(c) A copy of the video provider’s
written policies and procedures relating to customer
service standards and the handling of customer
complaints, as required by Cal. Gov’t Code, §§ 53054
et seq. These customer service standards must include,
without limitation, standards regarding the following:

1. Installation, disconnection,
service and repair obligations, employee identification and service call response time and scheduling;

2. Customer telephone and office
hours;

3. Procedures for billing,
charges, refunds and credits;

4. Procedures for termination of
service;

5. Notice of the deletion of a
programming service, the changing of channel
assignments or an increase in rates;

6. Complaint procedures and
procedures for bill dispute resolution;

7. The video provider’s written
acknowledgment of its obligation under Cal. Gov’t
Code, § 53055.1 to provide to new customers a notice
describing the customer service standards specified in
divisions (B)(2)(c)1. through (B)(2)(c)6. above at the
time of installation or when service is initiated. The
notice must also include, in addition to all of the
information described above in divisions (B)(2)(c)1.
through (B)(2)(c)6. above, all of the following:
a. A listing of the services
offered by the video provider that clearly describes all levels of service and the rates for each level of service; b. The telephone number or
numbers through which customers may subscribe to,
change or terminate service; request customer service;
or seek general or billing information; and
c. A description of the rights
and remedies that the video provider may make
available to its customers if the video provider does
not materially meet its customer service standards.

8. The video provider’s written
commitment to distribute annually to its employees and
customers, and to the city, a notice describing the
customer service standards specified above in divisions (B)(2)(c)1. through (B)(2)(c)6. above. This annual
notice must include the report of the video provider on its performance in meeting its customer service
standards, as required by Cal. Gov’t Code, § 53055.2.
(d) Unless a video provider is exempt
under federal law from its payment, a registration fee
in an amount established by resolution of the Mayor
and CommonCity Council to cover the reasonable
costs incurred by the city in reviewing and processing
the registration form; and
(e) In addition to the registration fee
specified above in division (B)(2)(d) above, the written Packet Page 1299
Cable, Video and Telecommunications Service Providers 19 commitment of the video provider to pay to the city,
when due, all costs and expenses reasonably incurred
by the city in resolving any disputes between the video provider and its subscribers, which dispute resolution
is mandated by Cal. Gov’t Code, § 53088.2(p).
(C) The customer service obligations imposed
upon video providers by the Video Customer Service
Act, Cal. Gov’t Code, §§ 53088 et seq. consist of the
following.
(1) Every video provider must render
reasonably efficient service, make repairs promptly
and interrupt service only as necessary.
(2) All video provider personnel contacting
subscribers or potential subscribers outside the office of the provider must be clearly identified as associated with the video provider.
(3) At the time of installation, and annually
thereafter, all video providers must provide to all
customers a written notice of the programming
offered, the prices for that programming, the
provider’s installation and customer service policies
and the name, address and telephone number of the
city’s office that is designated for receiving
complaints.
(4) All video providers must have
knowledgeable, qualified company representatives
available to respond to customer telephone inquiries
Monday through Friday, excluding holidays, during
normal business hours.
(5) All video providers must provide to
customers a toll-free or local telephone number for
installation, service and complaint calls. These calls
must be answered promptly by the video providers.
(6) All video providers must render bills
that are accurate and understandable.
(7) All video providers must respond
promptly to a complete outage in a customer’s service.

The response must occur within 24 hours of the
reporting of such outage to the provider, except in
those situations beyond the reasonable control of the
video provider. A video provider will be deemed to
respond to a complete outage when a company
representative arrives at the outage location within 24 hours and begins to resolve the problem.
(8) All video providers must provide a
minimum of 30 days’ written notice before increasing
rates or deleting channels. All video providers must
make every reasonable effort to submit the notice to
the city in advance of the distribution to customers.

The 30-day notice is waived if the increases in rates or deletion of channels are outside the control of the
video provider. In those cases, the video provider must make reasonable efforts to provide customers with as
much notice as possible.
(9) Every video provider must allow every
residential customer who pays his or her bill directly
to the video provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to pursuant to
a residential rental agreement establishing tenancy.

Customer payments must be posted promptly. No
video provider may terminate residential service for
non-payment of a delinquent account unless the video
provider furnishes notice of the delinquency and
impending termination at least 15 days prior to the
proposed termination. The notice must be mailed,
postage prepaid, to the customer to whom the service
is billed. Notice must not be mailed until the sixteenth day after the date the bill for services was mailed to
the customer. The notice of delinquency and
impending termination may be part of a billing
statement. Additionally, no video provider may assess
a late fee any earlier than the twenty-second day after the bill for service has been mailed.
(10) Every notice of termination of service,
pursuant to the preceding division (C)(9) above, must
include all of the following information:
(a) The name and address of the
customer whose account is delinquent;
(b) The amount of the delinquency;
(c) The date by which payment is
required in order to avoid termination of service; and
(d) The telephone number of a
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20 San Bernardino - Franchises
representative of the video provider who can provide
additional information and handle complaints or
initiate an investigation concerning the service and
charges in question.
(11) Service may only be terminated on days
in which the customer can reach a representative of the video provider either in person or by telephone.
(12) Any service terminated without good
cause must be restored without charge for the service
restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are
insufficient funds, theft of service, abuse of equipment or system personnel or other similar subscriber
actions.
(13) All video providers must issue requested
refund checks promptly, but no later than 45 days
following the resolution of any dispute, and following
the return of the equipment supplied by the video
provider, if service is terminated.
(14) All video providers must issue security
or customer deposit refund checks promptly, but no
later than 45 days following the termination of service, less any deductions permitted by law.
(15) Video providers must not disclose the
name and address of a subscriber for commercial gain
to be used in mailing lists or for other commercial
purposes not reasonably related to the conduct of the
businesses of the video providers or their affiliates,
unless the video providers have provided to the
subscriber a notice, separate or included in any other
customer notice, that clearly and conspicuously
describes the subscriber’s ability to prohibit the
disclosure. Video providers must provide an address
and telephone number for a local subscriber to use
without toll charge to prevent disclosure of the
subscriber’s name and address.
(D) As authorized by Cal. Gov’t Code,
§ 53088.2(r), the following schedule of penalties is
adopted. These penalties may be imposed for the
material breach by a video provider of the consumer
protection and service standards that are set forth in
division (C) above; provided that the breach is within
the reasonable control of the video provider. These
penalties are in addition to any other remedies
authorized by this chapter or by any other law, and the city has discretion to elect the remedy that it will
apply. The imposition of penalties authorized by this
division (D) will not prevent the city or any other
affected party from exercising any other remedy to the
extent permitted by law, including, but not limited to, any judicial remedy as provided in division (D)(2)
below.
(1) Schedule of penalties.
(a) For a first material breach: the
maximum penalty is $200 for each day of material
breach, but not to exceed a cumulative total of $600
for each occurrence of material breach, irrespective of the number of customers affected;
(b) For a second material breach of the
same nature for which a monetary penalty was
previously assessed within the preceding 12-month
period: the maximum penalty is $400 per day, not to
exceed a cumulative total of $1,200 for each
occurrence of the material breach, irrespective of the
number of customers affected;
(c) For a third or further material
breach of the same nature for which a monetary
penalty was previously assessed within the preceding
12-month period: the maximum penalty is $1,000 per
day, not to exceed a cumulative total of $3,000 for
each occurrence of the material breach, irrespective of the number of customers affected; and
(d) The maximum penalties referenced
above may be increased by any additional amount
authorized by state law.
(2) Judicial remedies not affected. The
imposition of penalties in accordance with the
provisions of division (D)(1) above do not preclude
any affected party from pursuing any judicial remedy
that is available to that party.
(3) Administration, notice and appeal.
(a) The City Manager is authorized to
administer this division (D). Decisions by the City
Manager to assess penalties against a video provider
Packet Page 1301
Cable, Video and Telecommunications Service Providers 21 must be in writing and must contain findings
supporting the decisions. Decisions by the City
Manager are final, unless appealed to the Mayor and
City Council.
(b) If the video provider or any
interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within ten days of
the written decision, appeal that decision in writing to the Mayor and City Council. The appeal letter must be
addressed to the City Clerk and must be accompanied
by any applicable fee established by the Mayor and
City Council for processing the appeal. The Mayor
and City Council may affirm, modify or reverse the
decision of the City Manager.
(c) The imposition of monetary
penalties under division (D)(1) above is subject to the following requirements and limitations.

1. The city must give the video
provider written notice of any alleged material breach
of the consumer service standards and must allow the
video provider at least 30 days from receipt of that
notice to remedy the breach.

2. For the purpose of assessing
monetary penalties, a material breach will be deemed
to have occurred for each day following the expiration
of the period for cure specified in division (D)(3)(c)1. above that the material breach has not been remedied
by the video provider, irrespective of the number of
customers affected.

3. In assessing monetary
penalties under this division (D), the City Manager,
any designated hearing officer or the Mayor and City
Council, as applicable, may take into account the
nature, circumstances, extent and gravity of the
violation and, with respect to the video provider, the
degree of culpability, any history of prior violations
and such other matters as may be relevant. If
warranted under the circumstances, the monetary
penalty to be assessed may be less than the maximum
penalty authorized in division (D)(1) above.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.24 TELECOMMUNICATIONS

SERVICE PROVIDED BY TELEPHONE
CORPORATIONS.

Any video programming provided by a telephone
corporation that uses public rights-of-way in the
delivery of that video programming, regardless of the
technology used, will be considered a cable service
under this chapter unless such programming is
otherwise expressly authorized by state or federal law. (A) In recognition of and in compliance with
statutory requirements that are set forth in state law, the following regulatory provisions are applicable to a telephone corporation that desires to provide
telecommunications service by means of facilities that
are proposed to be constructed within the city’s public rights-of-way.
(1) The telephone corporation must apply
for and obtain, as may be applicable, an excavation
permit, an encroachment permit or a building permit
(“ministerial permit”).
(2) In addition to the information required
by this chapter, in connection with an application for
a ministerial permit, a telephone corporation must
submit to the city the following supplemental
information:
(a) A copy of the certificate of public
convenience and necessity issued by the State Public
Utilities Commission (“CPUC”) to the applicant, and
a copy of the CPUC decision that authorizes the
applicant to provide the telecommunications service
for which the facilities are proposed to be constructed in the city’s public rights-of-way; and
(b) If the applicant has obtained from
the CPUC a certificate of public convenience to
operate as a “competitive local carrier,” the following additional requirements are applicable.

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22 San Bernardino - Franchises

1. As required by the CPUC, the
applicant must establish that it has filed with the city, in a timely manner, a quarterly report that describes
the type of construction and the location of each
construction project proposed to be undertaken in the
city during the calendar quarter in which the
application is filed, which information is sufficient to enable the city to coordinate multiple projects, as may be necessary.

2. If the applicant’s proposed
construction project will extend beyond the utility
rights-of-way into undisturbed areas or other
rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the
proposed construction project has been subjected to a
full-scale environmental analysis by the CPUC, as
required by Decision No. 95-12-057 of the CPUC.

3. The applicant must inform the
city whether its proposed construction project will be
subject to any of the mitigation measures specified in
the negative declaration (“Competitive Local Carriers
(“CLCs”) Projects for Local Exchange
Communication Service throughout California”) or to
the mitigation monitoring plan adopted in connection
with Decision No. 95-12-057 of the CPUC. The city’s
issuance of a ministerial permit will be conditioned
upon the applicant’s compliance with all applicable
mitigation measures and monitoring requirements
imposed by the CPUC upon telephone corporations
that are designated as “competitive local carriers.”
(B) In recognition of the fact that numerous
excavations in the public rights-of-way diminish the
useful life of the surface pavement, and for the
purpose of mitigating the adverse impacts of numerous
excavations on the quality and longevity of public
street maintenance within the city, the following
policies and procedures are adopted.
(1) The City Manager is directed to ensure
that all public utilities, including telephone
corporations, comply with all local design,
construction, maintenance and safety standards that are contained within, or are related to, a ministerial permit that authorizes the construction of facilities within the public rights-of-way.
(2) The City Manager is directed to
coordinate the construction and installation of facilities by public utilities, including telephone corporations, in order to minimize the number of excavations in the
public rights-of-way. In this regard, based upon
projected plans for street construction or renovation
projects, the City Manager is authorized to establish,
on a quarterly basis, one or more construction time
periods or “windows” for the installation of facilities within the public rights-of-way. Telephone
corporations and other public utilities that submit
applications for ministerial permits to construct
facilities after a predetermined date may be required to delay such construction until the next quarterly
“window” that is established by the city.
(C) Subject to applicable provisions of state and
federal law, any video programming provided by a
telephone corporation that uses public rights-of-way in the transmission or delivery of that video
programming, regardless of the technology used, will
be deemed to be a video service subject to the
franchise requirements set forth in § 14.08.04.
(D) Telephone corporations that apply for and
receive a state franchise to provide video service
within all or any part of the city must comply with the provisions of this title, and all applicable provisions of the Digital Infrastructure and Video Competition Act
of 2006 (Division 2.42.5 of the Cal. Public Utilities
Code, commencing with § 5800).
§ 14.08.25 PUBLIC, EDUCATIONAL AND
GOVERNMENTAL SUPPORT FEE (“PEG
FEE”) AND REQUIREMENT TO PROVIDE
PEG CHANNELS.
(A) PEG fee. A fee of 1% of gross revenues
shall be assessed on all video service providers that
Packet Page 1303
Cable, Video and Telecommunications Service Providers 23 use the public rights-of-way, including all local
franchisees and all holders of state franchises as
consistent with state or federal law. The PEG fee shall be paid quarterly, to be received by the city not later than 45 days after the close of each quarter of
grantee’s fiscal year.
(1) On a quarterly basis, the grantee shall
provide the city a complete and accurate statement
verified by a financial officer of the grantee indicating gross revenues for the past quarter, listing every
revenue source and depicting gross revenue
computations.
(2) A video service provider subject to this
section may recover the amount of any fee by billing
a recovery fee as a separate line item on the regular
bill of each subscriber.
(B) Channel designation. All video service
providers that use the public rights-of-way shall
designate sufficient amount of capacity on its network
to allow the carriage of at least three public,
educational or governmental access (“PEG”) channels.

For the purposes of this section, a PEG channel is
deemed activated if it is being utilized for PEG
programming within the city for at least eight hours
per day.
(1) PEG channels shall be for the exclusive
use of the city or its designee to provide public,
educational or governmental channels.
(2) Advertising, underwriting or
sponsorship recognition may be carried on the
channels for the purpose of funding PEG-related
activities.
(3) The PEG channels shall all be carried
on the basic service tier of the grantee.
(4) To the extent feasible, the PEG channels
shall not be separated numerically from other channels
carried on the basic service tier and the channel
numbers for the PEG channels shall be the same
channel numbers used by the incumbent cable operator
unless prohibited by federal law.
(5) After the initial designation of PEG
channel numbers, the channel numbers shall not be
changed without the agreement of the city unless the
change is required by federal law.
(6) Each channel shall be capable of
carrying a National Television System Committee
(“NTSC”) television signal.
(C) Interconnection. Where technically feasible,
all grantee’s video service providers shall negotiate in good faith to interconnect their networks for the
purpose of providing PEG programming.

Interconnection may be accomplished by direct cable,
microwave link, satellite or other reasonable method
of connection. Holders of a state franchise and
incumbent cable operators shall provide
interconnection of the PEG channels on reasonable
terms and conditions and may not withhold the
interconnection. If a holder of a state franchise and an incumbent cable operator cannot reach a mutually
acceptable interconnection agreement, the city may
require the incumbent cable operator to allow the
holder to interconnect its network with the incumbent’s network at a technically feasible point on the holder’s network as identified by the holder. If no technically
feasible point for interconnection is available, the
holder of a state franchise shall make an
interconnection available to the channel originator and shall provide the facilities necessary for the
interconnection. The cost of any interconnection shall
be borne by the holder of a state franchise requesting
the interconnection unless otherwise agreed to by the
parties.

ARTICLE V. DEFINITIONS
§ 14.08.26 DEFINED TERMS AND PHRASES.
(A) For the purpose of this chapter, the following
definitions shall apply unless the context clearly
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24 San Bernardino - Franchises
indicates or requires a different meaning. When not
inconsistent with the context, words used in the
present tense include the future tense and words in the singular include the plural number.

AFFILIATE. When used in relation to any
person, another person who owns or controls, is
owned or controlled by or is under common ownership
or control with, such person.

CABLE SERVICE. The one-way
transmission to subscribers of video programming, or
other programming services, and subscriber
interaction, if any, that is required for the selection or use of that video programming or other programming
service. For the purposes of this definition, VIDEO
PROGRAMMING means programming provided by,
or generally considered comparable to programming
provided by, a television broadcast station; and
OTHER PROGRAMMING SERVICE means
information that a cable system operator makes
available to all subscribers generally.

CABLE SYSTEM, CABLE
COMMUNICATIONS SYSTEM or CABLE
TELEVISION SYSTEM. A facility, consisting of a
set of closed transmission paths and associated signal
generation, reception and control equipment that is
designed to provide cable service that includes video
programming and that is provided to multiple
subscribers within a community. The term CABLE
SYSTEM does not include:
(a) A facility that serves only to
retransmit the television signals of one or more
television broadcast stations;
(b) A facility that serves subscribers
without using any public rights-of-way;
(c) A facility of a common carrier that
is subject, in whole or in part, to the provisions of
Title II of the Communications Act, being 47 U.S.C.
pt. I, commencing with §§ 201 et seq., except that
such facility will be considered a cable system (other
than for purposes specified in § 621(c) of the
Communications Act), being 47 U.S.C. § 541(c)), to
the extent such facility is used in the transmission of video programming directly to subscribers, unless the
extent of such use is solely to provide interactive
on-demand services;
(d) An open video system that
complies with § 653 of the Communications Act,
being 47 U.S.C. § 573; or
(e) Any facilities of an electric utility
that are used solely for operating its electric utility system.

CABLE SYSTEM OPERATOR or CABLE
OPERATOR. Any person or group of persons:
(a) Who provides cable service over a
cable system and directly or through one or more
affiliates owns a significant interest in that cable
system; or
(b) Who otherwise controls or is
responsible for, through any arrangement, the
management and operation of that cable system.

C.F.R. The Code of Federal Regulations.

Thus, the citation of “47 C.F.R. § 80.1” refers to title 47, part 80, section 1 of the Code of Federal
Regulations.

CITY. The City of San Bernardino,
California as represented by its Mayor and
CommonCity Council or by any delegate acting within
the scope of its delegated authority.

CITY MANAGER. The City Manager of the
City of San Bernardino, or the City Manager’s
designee.

COMMUNICATIONS ACT. The
Communications Act of 1934 (47 U.S.C. §§ 153 et
seq.), as amended by the Cable Communications
Policy Act of 1984, being Pub. Law No. 98-549, the
Cable Television Consumer Protection and
Competition Act of 1992, being Pub. Law. No.
102-385, and the Telecommunications Act of 1996,
being Pub. Law No. 104-104, amending various
sections of U.S.C. Titles 15, 18 and 47.

Packet Page 1305
Cable, Video and Telecommunications Service Providers 25 FCC or FEDERAL COMMUNICATIONS
COMMISSION. The federal administrative agency, or
any lawful successor, that is authorized to regulate
cable and telecommunications services and cable and
telecommunications service providers on a national
level.

FRANCHISE. An initial authorization, or
the renewal of an initial authorization, granted by the Mayor and CommonCity Council, whether such
authorization is designated as a franchise, agreement,
permit, license, resolution, contract, certificate or
otherwise, that authorizes the construction or operation of a cable system or an open video system.

FRANCHISE FEE.
(a) Means any fee or assessment of any
kind that is authorized by state or federal law to be
imposed by the city on a grantee as compensation in
the nature of rent for the grantee’s use of the public
rights-of-way.
(b) The term FRANCHISE FEE does
not include:

1. Any tax, fee or assessment of
general applicability (including any such tax, fee or
assessment imposed on both utilities and cable
operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against
cable operators or cable subscribers);

2. Capital costs that are required
by the franchise to be incurred by a grantee for public, educational or governmental access facilities;

3. Requirements or charges that
are incidental to the award or enforcement of the
franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification,
penalties or liquidated damages; or

4. Any fee imposed under Title
17 U.S.C.

FRANCHISE SERVICE AREA or
SERVICE AREA. The entire geographic area of the
city as it is now constituted, or may in the future be
constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise
agreement.

GRANTEE. Any person that is awarded a
franchise in accordance with this chapter, and that
person’s lawful successor, transferee or assignee.

GROSS REVENUE.
(a) Means all revenue that is received,
directly or indirectly, by the grantee from, or in
connection with, the distribution of any cable service
within the franchise service area, and any other service provided within the franchise service area that may,
under existing or future federal law, be included in the Communications Act definition for the purpose of
calculating and collecting the maximum allowable
franchise fee for operation of the system, whether or
not authorized by any franchise, including, without
limitation, leased or access channel revenue received,
directly or indirectly, from or in connection with the
distribution of any cable service. It is intended that all revenue collected by the grantee from the provision of
cable service over the system, whether or not
authorized by the franchise, be included in this
definition. GROSS REVENUE also specifically
includes any revenue received, as reasonably
determined, from time to time, by the city, through
any means that is intended to have the effect of
avoiding the payment of compensation that would
otherwise be paid to the city for the franchise granted, including the fair market value of any non-monetary
(i.e., barter) transactions between the grantee and any person, but not less than the customary prices paid in
connection with equivalent transactions. GROSS
REVENUE also includes any bad debts recovered,
payments received for the lease or license to third
parties of excess capacity in fiber optic cables or
similar transmission facilities and all revenue that is received by the grantee, or its subsidiaries or affiliated companies, directly or indirectly, from or in
Packet Page 1306
26 San Bernardino - Franchises
connection with the distribution of any service over the system or the conduct of any service-related activity
involving the system, including, without limitation,
revenues derived from advertising sales, the sale of
products or services on home shopping channels and
the sale of program guides.
(b) GROSS REVENUE does not
include:

1. The revenue of any person to
the extent that such revenue is also included in the
gross revenue of grantee;

2. Taxes imposed by law on
subscribers that grantee is obligated to collect;

3. Amounts that must be
excluded pursuant to applicable law;

4. Bad debt; and

5. Deposits and refunds.

MULTI-CHANNEL VIDEO
PROGRAMMING DISTRIBUTOR or VIDEO
PROGRAMMING DISTRIBUTOR. A person, such
as, but not limited to, a cable system operator, an open video system operator, a multi-channel multi-point
distribution service, a direct broadcast satellite service or a television receive-only satellite program
distributor, who makes available multiple channels of
video programming for purchase by subscribers or
customers.

OPEN VIDEO SYSTEM. A facility
consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, including video
programming, and that is provided to multiple
subscribers within the city; provided that the FCC has
certified that such system is authorized to operate in
the city and complies with 47 C.F.R. §§ 1500 et seq.,
titled “Open Video Systems.”
OPEN VIDEO SYSTEM OPERATOR. Any
person or group of persons who provides cable service
over an open video system and directly or through one
or more affiliates owns a significant interest in that
open video system, or otherwise controls or is
responsible for the management and operation of that
open video system.

PERSON. An individual, partnership,
limited liability company, association, joint stock
company, trust, corporation or governmental entity.

PUBLIC, EDUCATIONAL OR

GOVERNMENT ACCESS FACILITIES, PEG
ACCESS FACILITIES or PEG ACCESS. The total of
the following:
(a) Channel capacity designated for
non-commercial public, educational or government
use; and
(b) Facilities and equipment for the use
of that channel capacity.

STREET or PUBLIC RIGHT-OF-WAY.

Each of the following that has been dedicated to the
public and maintained under public authority or by
others and is located within the city limits: streets,
roadways, highways, avenues, lanes, alleys,
sidewalks, easements, rights-of-way and similar public
property that the city, from time to time, authorizes to be included within the definition of a street.

SUBSCRIBER or CUSTOMER or
CONSUMER. Any person who, for any purpose,
subscribes to the services provided by a multi-channel
video programming distributor and who pays the
charges for those services.

TELECOMMUNICATIONS. The
transmission, between or among points specified by
the user, of information of the user’s choosing,
without change.

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Cable, Video and Telecommunications Service Providers 27 TELECOMMUNICATIONS EQUIPMENT.

Equipment, other than customer premises equipment,
used by a telecommunications service provider to
provide telecommunications service, including
software that is integral to that equipment.

TELECOMMUNICATIONS SERVICE.

The offering of telecommunications directly to the
public for a fee, or to such classes of users as to be
effectively available directly to the public, regardless of the equipment or facilities that are used.

TELECOMMUNICATIONS SERVICE
PROVIDER. Any provider of telecommunications
service.

U.S.C. The United States Code. Thus, the
citation of “47 U.S.C. § 153” refers to title 47,
section 153 of the United States Code.

VIDEO PROGRAMMING PROVIDER.

Any person or group of persons who has the right
under the federal copyright laws to select and to
contract for the carriage of specific video
programming on a cable system or an open video
system.

VIDEO PROVIDER. Any person, company
or service that provides one or more channels of video
programming to a residence, including a home,
multi-family dwelling complex, congregate-living
complex, condominium, apartment or mobile home,
where some fee is paid for that service, whether
directly or as included in dues or rental charges, and
whether or not public rights-of-way are used in the
delivery of that video programming. A VIDEO
PROVIDER includes, without limitation, providers of
cable television service, open video system service,
master antenna television, satellite master antenna
television, direct broadcast satellite, multi-point
distribution services and other providers of video
programming, whatever their technology.
(B) Unless otherwise expressly stated, words,
terms, phrases and abbreviations not defined in this
section will be given their meaning as used in 47
U.S.C., as amended, and, if not defined in that Code,
their meaning as used in 47 C.F.R.

ARTICLE VI. VIOLATIONS; ENFORCEMENT
§ 14.08.27 VIOLATIONS; ENFORCEMENT.
(A) Any person who willfully violates any
provision of this chapter is guilty of a misdemeanor
and is punishable as provided for in Chapter 1.12.
(B) The misdemeanor penalty specified in
division (A) above is not applicable to a violation of
any provision of this chapter for which another
sanction or penalty may be imposed under any
franchise, license, lease or similar written agreement
between the city and a multi-channel video
programming distributor or other telecommunications
service provider.
(C) The city may initiate a civil action in any
court of competent jurisdiction to enjoin any violation of this chapter.
(Ord. 3934, passed 5-12-1980; Ord. 3952, passed
7-22-1980; Ord. MC-258, passed 3-28-1983; Ord.

MC-460, passed 5-15-1985; Ord. MC-492, passed
1-22-1986; Ord. MC-667, passed 7-19-1989; Ord.

MC-870, passed 4-20-1993; Ord. MC-1242, passed
3-20-2007; Ord. MC-1484, passed 4-18-2018)
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TITLE 15: BUILDINGS AND CONSTRUCTION
Chapter

15.04. BUILDING CODES

15.05. PROPERTY MAINTENANCE CODE

15.08. LIQUEFACTION

15.10. FOOTHILL FIRE ZONE BUILDING STANDARDS

15.11. BUILDING SAFETY ENHANCEMENT AREA BUILDING

STANDARDS

15.12. EARTHQUAKE HAZARD REDUCTION IN EXISTING

BUILDINGS

15.16. UNIFORM FIRE CODE

15.20. CERTIFICATE OF OCCUPANCY

15.24. PROPERTY MAINTENANCE REQUIREMENTS

15.25. MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION

PROGRAM

15.26. SINGLE-FAMILY RENTAL PROPERTY INSPECTION

PROGRAM

15.27. MULTI-FAMILY RENTAL HOUSING PROGRAM

MAINTENANCE STANDARDS

15.28. DANGEROUS BUILDINGS

15.32. RESERVED

15.34. REMOVAL OR DESTRUCTION OF TREES

15.36. DEMOLITION AND MOVING OF BUILDINGS AND

STRUCTURES

15.37. HISTORIC BUILDING DEMOLITION ORDINANCE
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2 San Bernardino - Buildings and Construction

15.38. RESERVED

15.40. RESERVED

15.44. RESERVED

15.48. SWIMMING POOLS

15.52. RESERVED

15.55. CITY ASSUMPTION OF CODE ENFORCEMENT IN

MOBILE HOME PARKS

15.56. RESERVED

15.57. CULTURAL DEVELOPMENT CONSTRUCTION TAX

15.60. RESERVED

15.64. RESERVED

15.68. WASHERS, DRYERS, EXTRACTORS AND

COMPRESSORS

15.72. RESERVED

15.73. VERDEMONT AREA - INFRASTRUCTURE FEE

15.74. VIOLATION - PENALTY
Statutory reference:

For provisions authorizing cities to adopt codes by reference, see Cal. Gov’t Code, §§ 50022.1 et seq.

For provisions authorizing cities to regulate buildings and construction, see Cal. Gov’t Code, §§ 38601 and 38660.

For provisions on the construction of housing, see Cal. Health and Safety Code, §§ 17910 et seq.

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CHAPTER 15.04: BUILDING CODES
Section

15.04.010 Citation

15.04.020 Adoption of codes

15.04.030 Applicability

15.04.040 Definition

15.04.050 CBC Chapter 1, Section 105.5.1
is added - prima facie evidence of
abandoned work

15.04.060 CBC Chapter 1, Section 112.1.1
is added - Board of Appeals
designated

15.04.070 CBC Chapter 1, Section 105.2,
Item 2 is amended - fences not
requiring a building permit

15.04.080 Reserved

15.04.090 CBC Section 2204.1.1 is added -
qualification of welding operators

15.04.100 CBC Section 3109.1.1 is added -
barriers for swimming pools

15.04.110 CBC Appendix J, Section J101.3
is added - Alquist-Priolo
earthquake fault zones

15.04.120 CBC Appendix J, Section J101.4
is added - enforcement authority

15.04.130 On-site improvement permit

15.04.140 Preparation of grading plans

15.04.150 On-site improvement plans and
specifications

15.04.160 Information on on-site
improvement plans

15.04.170 On-site improvement plan review
and permit fees

15.04.180 Inspection of on-site
improvements

15.04.190 Bonds required

15.04.200 CBC Appendix J, Section J110.1
is added - planting of slopes

15.04.210 CBC Appendix J, Section J112 is
added - grading operations

15.04.220 CBC Appendix J, Section J110.3
is added - final reports

15.04.230 Driveway configurations

15.04.240 Location of slopes

15.04.250 Automatic fire sprinkler systems
- residential additions

15.04.260 Stop work order
Editor’s note:

This chapter is added by Ord. MC-1433,
passed 12-21-2016.
§ 15.04.010 CITATION.

The ordinance codified in this chapter shall be
known as the “San Bernardino Building Code”
hereinafter referred to as the “Building Code.”
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.020 ADOPTION OF CODES.
(A) Except as provided in this chapter, the code
currently adopted the State Building Code under Title
24 Sections Parts 1-6, 81, 9 and 11 of the CCR,
known and designated as the 2019 California Building
Codes (“CBC”), as adopted by the State of California,
based on the 2018 International Building Code,
published by the International Code Council and the
Plumbing and Mechanical Codes, written by IAPMO,
and the National Electrical Code and Fire Code, as
written by NFPA, shall become the administrative
provisions of the city for regulating the construction, erection, enlargement, alteration, repair, moving,
removal, demolition, conversion, occupancy,
equipment use and occupancy and maintenance of all
buildings and/or structures in the city. Chapter 1 of the 2019 California Building Code and all other formally
adopted Building Codes will be on file for public
examination in the offices of the Building Official, as required by state law.Except as provided in this
chapter, the code currently adopted State Building
3 Packet Page 1311
4 San Bernardino - Buildings and Construction
Code under Title 24 Sections Parts 1—6, 8, 9 and 11
of the CCR known and designated as the 2022
California Building Codes (“CBC”), as adopted by the
State of California, based on the 2021 International
Building Code published by the International Code
Council and the Plumbing and Mechanical Codes
written by IAPMO and the National Electrical Code
and Fire Code as written by NFPA, shall become the
administrative provisions of the city for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy,
equipment, use and occupancy and maintenance of all
buildings and/or structures in the city. Chapter 1 of the 2022 California Building Code and all other formally
adopted building codes will be on file for public
examination in the offices of the Building Official, as required by state law.
(B) The city does formally adopt the state model
building codes into local law as listed below:The city
does hereby formally adopt the state model building
codes into local law as listed below:
(1) 2019 California Administrative Code,
Title 24, Part 1;2022 California Administrative Code,
Title 24, Part 1;
(2) 2019 California Building Code, Title
24, Part 2 (Volumes 1 and 2);2022 California Building
Code, Title 24, Part 2 (Volumes 1 and 2);
(3) 2019 California Electrical Code, Title
24, Part 3 (based on 2017 NEC);2022 California
Electrical Code, Title 24, Part 3 (based on 2017
NEC);
(4) 2019 California Mechanical Code, Title
24, Part 4 (based on 2018 Uniform Mechanical
Code);2022 California Mechanical Code, Title 24,
Part 4 (based on 2018 Uniform Mechanical Code);
(5) 2019 California Plumbing Code, Title
24, Part 5;2022 California Plumbing Code, Title 24,
Part 5;
(6) 2019 California Energy Code, Title 24,
Part 6;2022 California Energy Code, Title 24, Part 6;
(7) 2019 California Historical Building
Code, Title 24, Part 8;2022 California Historical
Building Code, Title 24, Part 8;
(8) 2019 California Fire Code, Title 24,
Part 9 (specific amendments to the California Fire
Code are to be adopted by district for the greater
County Fire District and will include office of the
State Fire Marshal requested amendments);2022
California Fire Code, Title 24, Part 9 (specific
amendments to the California Fire Code are to be
adopted by district for the greater County Fire District and will include office of the State Fire Marshall
requested amendments);
(9) 2019 California Green Building
Standards Code, Part 11;2022 California Green
Building Standards Code, Part 11;
(10) Uniform Code for the Abatement of
Dangerous Buildings (“UCADB”), 1997
edition;Uniform Code for the Abatement of Dangerous
Buildings (“UCADB”), 1997 edition;
(11) International Residential Code,
Appendix H, 2018 edition;International Residential
Code, Appendix H, 2021 edition;
(12) International Property Maintenance
Code (“IPMC”), 2018 edition.International Property
Maintenance Code (“IPMC”), 2021 edition; and
(13) International Existing Building Code
(“IEBC”), 2021 edition.
(C) Copies of all codes listed above shall be on
file in the Community and Economic Development
Department office for inspection and reference and
copies of each code shall be furnished to the Building
Official and each deputy. These codes are also
available for view on the International Code
Conference website: http://www.ICCsafe.orgCopies
of all codes listed above shall be on file in the
Community and Economic Development Department
office for inspection and reference and copies of each
code shall be furnished to the Building Official and
each deputy. These codes are also available for view
on the International Code Conference website:
http://www.ICCsafe.org
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Building Codes 5
(D) All sections of the codes listed here and
legally, adopted by the State Building Standards
Commission or by the office of the State Fire Marshal,
shall be formally adopted by the city as the California Building Code to be enforced within the city limits, as required by state law. Sections and appendices not
specifically adopted by the aforementioned state
offices are adopted by reference.All sections of the
code listed here and legally adopted by the State
Building Standards Commission or by the office of the
State Fire Marshal shall be formally adopted by the
city as the California Building Code to be enforced
within the city limits as required by state law. Sections and appendices not specifically adopted by the
aforementioned state offices are hereby adopted by
reference.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.04.030 APPLICABILITY.
(A) It shall be unlawful to erect, construct,
change the occupancy, alter, repair, rehabilitate,
remove, move or maintain any building or structure,
or grade or alter any land, in the city in violation of, or without complying with, the appropriate provisions
of this chapter.
(B) The California Building Standards Code shall
govern and prevail in the event of any inconsistency or conflict between the building standards within the
California Building Standards Code, as adopted and
amended by the city, and the building standards in any
other code.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019)
§ 15.04.040 DEFINITION.

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

CITY. In the above mentioned section and codes,
shall be deemed to refer to and designate the City of
San Bernardino, and any reference to any act or
legislative enactments herein referred to shall be
deemed to designate and embrace the statutes of the
state, and the amendments thereof, dealing with the
subject matter thereby and therein referred to.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.050 CBC CHAPTER 1, SECTION
105.5.1 IS ADDED - PRIMA FACIE EVIDENCE
OF ABANDONED WORK.

Section 105.5.1, “Prima facie evidence of
abandoned work:”
Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180-day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.04.060 CBC CHAPTER 1, SECTION
112.1.1 IS ADDED - BOARD OF APPEALS
DESIGNATED.

Section 113.1.1, “Board of Appeals designated:”

1. The Board of Building Commissioners of the City of San Bernardino shall serve as the Board of Appeals. The
Building Official or his designee shall be Clerk of the Board.

The Board shall have such duties as are delegated to it by the California Building Code (CBC) as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code.The Board of Building
Commissioners of the City of San Bernardino shall serve as the Board of Appeals. The Building Official or his designee shall be Clerk of the Board. The Board shall have such
duties as are delegated to it by the California Building Code (CBC) Section 113 as adopted by the City, and other duties as may be delegated by other provisions of the San
Bernardino Municipal Code.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
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6 San Bernardino - Buildings and Construction
§ 15.04.070 CBC CHAPTER 1, SECTION 105.2,
ITEM 2 IS AMENDED - FENCES NOT
REQUIRING A BUILDING PERMIT.

2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and
approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the
permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino
Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.04.080 RESERVED.
[Reserved]
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019)
§ 15.04.090 CBC SECTION 2204.1.1 IS ADDED
- QUALIFICATION OF WELDING
OPERATORS.

Section 2204.1.1, “Qualification of welding
operators:”
In addition to Section 2204.1, the following subsections shall govern all welding work:

1. All welding shall be done by qualified operators approved by the Building Official. The Building Official shall prescribe rules and regulations for the tests of welders, and no
operator shall be approved by the Building Official unless and until he/she has first successfully completed such tests as may be given by the Department of Adult Vocational
Education of the San Bernardino City Schools, or San
Bernardino Valley College, or has obtained such approval because he/she holds a current welding certificate issued by an accredited testing agency based upon the requirements of the California Department of Adult-Vocational Education.

A certificate shall be issued to operators by the Building Official upon successful completion of the required test or tests and/or approval as aforesaid being obtained. Requests for the certificate shall be made by the operator within thirty (30) days after completion of the test. The certificate shall be valid for two years. Subsequent certificates may be obtained by successful completion of required tests, or when the approved operator submits sufficient evidence to the
Department of Adult-Vocational Education of the San
Bernardino City Schools, or San Bernardino Valley College that he/she has regularly engaged in such work and that such work has been satisfactorily performed during the past year.

2. Every welder employed for welding of steel plate of No. 8 gauge thickness or less shall be qualified for light gauge welding. Every welder employed for field welding shall be qualified to weld in the flat, vertical and overhead positions.

Welders, including light gauge welders who are employed for shop welding, shall be qualified in the flat, vertical and horizontal positions.

3. Structural steel welding operators shall be qualified as prescribed by the latest edition of the Structural Welding Code of the American Welding Society.

4. After a welder has passed the required tests, he/ she must be capable of performing neat and consistently good work in actual operation. Carelessness, inability to maintain a uniform arc and poor workmanship will be deemed sufficient cause for revocation of the welder’s certificate.

5. A fee of forty dollars ($ 40) will be charged by the City of San Bernardino for each original or renewed certificate, which shall be valid for two (2) years.

6. At the time application is made, a certificate may be issued without examination upon presentation of proper evidence that the welder is currently approved for the position either by the Department of Adult-Vocational Education or other acceptable proof of qualification.

7. Testing shall be done under the supervision of the San Bernardino City Schools, Department of Adult-Vocational Education of San Bernardino Valley College or other
accredited testing agency.
(Ord. MC-1433, passed 12-21-2016)
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Building Codes 7
§ 15.04.100 CBC SECTION 3109.1.1 IS ADDED
- BARRIERS FOR SWIMMING POOLS.

The requirements of CBC Section 3109, shall apply to
single-family swimming pool barriers. Swimming pools, spas, and hot tubs for which an application for a building permit was submitted prior to July 23, 1993 shall comply with the
requirements contained in Chapter 15.48 of the San Bernardino Municipal Code.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.110 CBC APPENDIX J, SECTION
J101.3 IS ADDED - ALQUIST-PRIOLO
EARTHQUAKE FAULT ZONES.

J101.3 Alquist-Priolo Earthquake Fault Zones. This chapter shall also include those requirements set forth in the “Alquist-Priolo Earthquake Fault Zoning Act (Division 2, Chapter 7.5, California Public Resources Code). This Act is intended to represent minimum criteria for all structures that fall within the boundaries as shown on the “Earthquake Fault Zones Maps” as prepared by the California Division of Mines and Geology.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.120 CBC APPENDIX J, SECTION
J101.4 IS ADDED - ENFORCEMENT
AUTHORITY.

J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her designee shall have the authority for the enforcement of CBC Appendix J and any amendments thereto. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019)
§ 15.04.130 ON-SITE IMPROVEMENT
PERMIT.

No person shall construct any on-site
improvement for motor vehicle parking or vehicle
circulation, the disposal of waste through a private
sewer main, the conveyance of storm waters or
landscaping and irrigation systems, without first
obtaining a permit from the Building Official. A
permit issued by the Building Official, for the purpose of construction of the improvements, set forth herein,
shall hereafter be known as an “on-site improvement
permit.”
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.140 PREPARATION OF GRADING
PLANS.

A grading plan and a grading permit shall be
required for any grading activity involving more than
50 cubic yards. All grading plans shall be prepared by
a registered civil engineer.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.150 ON-SITE IMPROVEMENT PLANS
AND SPECIFICATIONS.

When required by the Building Official, plans and
specifications, and verification of land use entitlement, shall accompany each application for an on-site
improvement permit. Plans and specifications required
by the Building Official shall be prepared and signed
by a registered civil engineer. Specifications may be
incorporated into the plans as general notes in lieu of a separate document. Verification of land use
entitlement requirements are incorporated into the
Grading Policy promulgated by the Department of
Community Development and Housing.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1625,
passed 2-21-2024)
§ 15.04.160 INFORMATION ON ON-SITE
IMPROVEMENT PLANS.

On-site improvement plans shall contain all
information set forth in CBC Chapter 1, § 105.3 and
shall include additional information as required by the Building Official.
(Ord. MC-1433, passed 12-21-2016)
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§ 15.04.170 ON-SITE IMPROVEMENT PLAN
REVIEW AND PERMIT FEES.
(A) When an on-site improvement plan is
required to be submitted, a plan review fee shall be
paid at the time of submittal of plans and
specifications. Items to be reviewed shall be
improvements including, but not limited to, paving,
curbs, sidewalks, private sewer mains, drainage
facilities, landscaping and irrigation systems.
(B) Fees for each on-site improvement permit
shall be paid to the city at the time of permit issuance.

Said on-site plan review and permit fees shall be in an amount established by resolution of the Mayor and
CommonCity Council.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.180 INSPECTION OF ON-SITE
IMPROVEMENTS.

All on-site improvements for which a permit is
required shall be subject to inspection by the Building Official, or his or her designee.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.190 BONDS REQUIRED.
(A) A grading permit shall not be issued unless
the applicant has first posted with the Building Official a good and sufficient surety bond, cash, letter of credit (ColLC) or certificate of deposit in such an amount as
the Building Official shall estimate and determine to be necessary to cover the total cost of the project,
including corrective work necessary to remove and
eliminate geological hazards. The Building Official
shall require a written itemized estimate of the costs of the grading. The amount of the required bond, cash,
instrument of credit or certificate of deposit is based on the estimate of cost and shall be given to the owner or applicant prior to the issuance of the permit.
(B) When security for the grading is provided for
a development on the site where the grading is to be
done, the bond for the grading required shall be
released upon submission of evidence by the permittee
to the Building Official that the grading work is
complete and signed off by the construction engineer.
(C) An agreement between the Redevelopment
Agency, the Inland Valley Development Agency or the
San Bernardino International Airport Authority, and
the city, approved by the City Attorney and
unconditionally providing and guaranteeing that said
Agency shall provide those grading and other
improvements and pay the costs thereof required, may
be filed with the Building Official as security in lieu of said bond, cash or certificate of deposit wherever said project is located in a redevelopment project area and
the agreement recites that the street improvements are
in compliance with the Redevelopment Plan for said
area and in furtherance of the public interest in
promoting public or private development.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.200 CBC APPENDIX J, SECTION
J110.1 IS ADDED - PLANTING OF SLOPES.

J110.1.1 Planting of Slopes. The Building Official may waive the planting of any slope less than 5 feet in vertical height. An automatic irrigation system shall be installed for planted slopes unless recommended otherwise in the preliminary soils report or waived by the Building Official. If required by the Building Official, a recommendation for types of planting materials shall be obtained from a Landscape Architect. The Landscape Architect shall, prior to final inspection, provide the Building Official with a statement that the planting has been done in accordance with his recommendations approved by the Building Official.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.210 CBC APPENDIX J, SECTION J112
IS ADDED - GRADING OPERATIONS.

J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitlement and shall take reasonable preventive measures, as directed by the Building Official and Packet Page 1316
Building Codes 9
incorporated into the Grading Policy promulgated by the Community and Economic Development Department, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveyance vehicles or by other
causes.J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitlement and shall take reasonable preventive measures, as directed by the Building Official and incorporated into the Grading Policy promulgated by the Community Development Department, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveyance vehicles or by other causes.

Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of the Building Official or the Building officials designated representative or observed and supervised by such an individual. Typical qualified individuals would include a licensed contractor, geologist or engineer.Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of the Building Official or the Building officials designated representative or observed and supervised by such an individual. Typical qualified individuals would include a licensed contractor, geologist or engineer.

J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their designees, to remove the earth or materials, or within such additional time as may be allowed by written notice.J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their designees, to remove the earth or materials, or within such additional time as may be allowed by written notice.

J112.3 Noncompliance. In the event that any party performing grading shall fail to comply with the requirements of this Section, the Building Official shall have the authority to engage the services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading.J112.3 Noncompliance. In the event that any party performing grading shall fail to comply with the requirements of this Section, the Building Official shall have the authority to engage the services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1525,
passed 1-15-2020; Ord. MC-1643, passed 10-2-2024)
§ 15.04.220 CBC APPENDIX J, SECTION
J110.3 IS ADDED - FINAL REPORTS.

J110.3 Final Reports. A statement from the Landscape Architect s h a ll be submitted to the City Engineer stating that the planting and irrigation system(s) have been installed in accordance with his recommendations.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.230 DRIVEWAY CONFIGURATIONS.
(A) Driveways to residential garages of more
than 30 feet in length shall extend for a minimum
distance of 20 feet from the garage on a maximum
grade of 5%. Driveways less than 30 feet in length
shall have a maximum grade of 8% for a minimum
distance of 20 feet from the garage. No portion of a
driveway shall exceed a grade of 20%.
(B) Driveways shall be designed so that the
algebraic difference in grades will not cause a car to
drag or hang up.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.240 LOCATION OF SLOPES.

Slopes shall be positioned on the downhill lot
unless waived by the City Engineer.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.250 AUTOMATIC FIRE SPRINKLER
SYSTEMS - RESIDENTIAL ADDITIONS.

That authority to require passive fire suppression
(sprinklers) for residential additions will be determined by the acting Fire Authority based on availability of
water and existing hydrants fire flow within the area of the proposed structure.The authority to require passive fire suppression (sprinklers) for residential additions will be determined by the acting Fire Authority based
on availability of water and existing hydrants fire flow within the area of the proposed structure.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1525,
passed 1-15-2020; Ord. MC-1643, passed 10-2-2024)
§ 15.04.260 STOP WORK ORDER.

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(A) Any person, firm or corporation who
continues work on a building or structure after a stop
work order has been issued by any of the employees
listed in § 9.90.010(A)(2), (A)(3), (A)(4), (A)(5),
(A)(6) or (A)(8) shall be guilty of a misdemeanor.
(B) Each day during any part of which the
activity prohibited by division (A) above continues
shall be a distinct and separate offense.
(Ord. MC-1433, passed 12-21-2016)
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CHAPTER 15.05: PROPERTY MAINTENANCE CODE
Section

15.05.010 Citation of sections

15.05.020 Section 102.3 amended

15.05.030 Section 103.1 amended

15.05.040 Section 104.3 amended

15.05.050 Section 106.4 amended

15.05.060 Section 107.1 amended

15.05.070 Section 111 amended

15.05.080 Section 112.4 amended

15.05.090 Section 201.3 amended

15.05.100 Section 302.4 amended

15.05.110 Section 302.9 amended

15.05.120 Section 304.3 amended

15.05.130 Section 304.14 amended

15.05.140 Section 304.18 amended

15.05.150 Section 307 amended

15.05.160 Section 401.3 amended

15.05.170 Section 502.5 amended

15.05.180 Section 505.1 amended

15.05.190 Section 602.2 amended

15.05.200 Section 602.3 amended

15.05.210 Section 602.4 amended

15.05.220 Section 604.2 amended

15.05.230 Section 604.3.1.1 amended

15.05.240 Section 604.3.2.1 amended

15.05.250 Section 702.1 amended

15.05.260 Section 702.2 amended

15.05.270 Section 702.3 amended

15.05.280 Section 704.1 amended

15.05.290 Section 704.2 amended

15.05.300 Vacant building board-up
standards
Cross-reference:

Adoption of International Property Maintenance
Code (“IPMC”), 2018 edition, see § 15.04.020.
§ 15.05.010 CITATION OF SECTIONS.

This chapter shall be known as the “Property
Maintenance Code,” and may be cited as such. For
purposes of citation, the International Property
Maintenance Code, 2018 edition published by the
International Code Conference, adopted by reference
and amended by the city, is renumbered by adding
“15.05.” before each section.This chapter shall be
known as the “Property Maintenance Code,” and may
be cited as such. For purposes of citation, the
International Property Maintenance Code, 2021
edition, published by the International Code
Conference, adopted by reference and amended by the
city, is renumbered by adding “15.05.” before each
section.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.05.020 SECTION 102.3 AMENDED.

International Property Maintenance Code, § 102.3
is amended to read as follows.
102.3 “Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Administrative Code, California Building Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.030 SECTION 103.1 AMENDED.
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International Property Maintenance Code, § 103.1
is amended to read as follows.
103.1 “The Chief of Police or the Director of Community Development and Housing or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1625, passed 2-21-2024)
§ 15.05.040 SECTION 104.3 AMENDED.

International Property Maintenance Code, § 104.3
is amended to add the following phrase to the end of
the last sentence: “including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure
of the State of California.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.050 SECTION 106.4 AMENDED.

International Property Maintenance Code, § 106.4
is amended to read as follows.
106.4 “Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93 of the San Bernardino Municipal Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.060 SECTION 107.1 AMENDED.

International Property Maintenance Code, § 107.1
is amended to read as follows.
107.1 “Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino Municipal Code Section

9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.070 SECTION 111 AMENDED.

International Property Maintenance Code, § 111
and subsections are amended to read as follows.
111 “A party aggrieved by a notice or order issued under this code may appeal in the manner set forth in Chapter 9.94 of the San Bernardino Municipal Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.080 SECTION 112.4 AMENDED.

International Property Maintenance Code,
§ 112.4, “Failure to comply,” is amended to read as
follows.
112.4 Failure to Comply “Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [SBMC]

9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112. 1 of this section continues shall be a distinct and separate offense.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.090 SECTION 201.3 AMENDED.

International Property Maintenance Code, § 201.3
is amended to read as follows.
201.3 Definitions. “Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
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Property Maintenance Code 13
§ 15.05.100 SECTION 302.4 AMENDED.

International Property Maintenance Code,
§ 302.4, paragraph number one, is amended to read as
follows.
302.4 Weeds “Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8.30, Abatement of Public Nuisances.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.110 SECTION 302.9 AMENDED.

International Property Maintenance Code,
§ 302.9, “Defacement of property,” is deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.120 SECTION 304.3 AMENDED.

International Property Maintenance Code, § 304.3
is amended to read as follows.
304.3 Premises Identification “Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12.32.030 and/or 15.16.126.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.130 SECTION 304.14 AMENDED.

International Property Maintenance Code,
§ 304.14 is deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.140 SECTION 304.18 AMENDED.

International Property Maintenance Code,
§ 304.18 is deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.150 SECTION 307 AMENDED.

International Property Maintenance Code, § 307,
“Handrails and guardrails,” is amended to read as
follows.
307 Handrails and Guardrails “Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.160 SECTION 401.3 AMENDED.

International Property Maintenance Code, § 401.3
is amended to read as follows.
401.3 Alternative Devices “In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or California Residential Code shall be permitted.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.170 SECTION 502.5 AMENDED.

International Property Maintenance Code,
§ 502.5, “Public toilet facilities,” is amended to read as follows.
502.5 Public Toilet Facilities “Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic
maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.180 SECTION 505.1 AMENDED.

International Property Maintenance Code,
§ 505.1, “Plumbing Fixture Connections,” is amended
to read as follows.

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505.1 Plumbing Fixture Connections “General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.190 SECTION 602.2 AMENDED.

International Property Maintenance Code,
§ 602.2, “Heating facilities,” is amended to read as
follows.
602.2 Heating Facilities “Residential occupancies. Interior spaces intended for human occupancy shall be provided with
permanently-installed heating facilities capable of maintaining a room temperature of 68 degrees F (20 C) in all habitable rooms.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.200 SECTION 602.3 AMENDED.

International Property Maintenance Code,
§ 602.3, “Heat supply,” Exceptions #1 and #2 are
deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.210 SECTION 602.4 AMENDED.

International Property Maintenance Code,
§ 602.4, “Occupiable work spaces,” is deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.220 SECTION 604.2 AMENDED.

International Property Maintenance Code,
§ 604.2, “Service,” is amended to read as follows.
604.2 “Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code.

Dwelling units shall be served by a three- wire, 120/ 240 volt, single phase electrical service having a rating of not less than 60 amperes.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.230 SECTION 604.3.1.1 AMENDED.

International Property Maintenance Code,
§ 604.3.1.1, “Electrical equipment,” is amended to
read as follows.
604.3.1.1 Electrical Equipment “Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC are hereby deleted.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.240 SECTION 604.3.2.1 AMENDED.
(A) International Property Maintenance Code,
§ 604.3.2.1, “Electrical equipment,” is amended to
read as follows.
604.3.2.1 Electrical Equipment “Electrical switches, receptacles and fixtures, including furnace, waterheating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code.”
(B) The exception provisions of § 604.3.2.1 of
the IPMC are deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.250 SECTION 702.1 AMENDED.

International Property Maintenance Code,
§ 702.1, “General,” is amended to read as follows.

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Property Maintenance Code 15
702.1 General “General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive.” § 15.05.260 SECTION 702.2 AMENDED.

International Property Maintenance Code,
§ 702.2, “Aisles,” is amended to read as follows.
702.2 Aisles “Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.270 SECTION 702.3 AMENDED.

International Property Maintenance Code,
§ 702.3, “Locked doors,” is amended to read as
follows.
702.3 Locked Doors “Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.280 SECTION 704.1 AMENDED.

International Property Maintenance Code,
§ 704.1, “General,” is amended to read as follows.
704.1 Fire Protection Systems “General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.290 SECTION 704.2 AMENDED.

International Property Maintenance Code,
§ 704.2, “Smoke alarms,” is amended to read as
follows.
704.2 Smoke Alarms “Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.300 VACANT BUILDING BOARD-UP
STANDARDS.
(A) Vacant and abandoned buildings shall be
boarded pursuant to the following guidelines, which
are modeled after, in part, guidelines of the United
States Department of Housing and Urban
Development.
(1) Board requirements.
(a) All first floor windows and doors
and all basement windows and doors should have
plywood covering the entire opening and frame.
(b) The covering should be secured
with carriage bolts.
(c) Any health and safety hazard
caused by any protruding bolts used to secure boarding
must be eliminated.
(d) The use of nails is prohibited.
(e) There shall be no boarding above
the first floor unless entry is possible without use of a ladder, and the opening is large enough for a person to easily pass through; openings above the first floor that do not meet this test should be secured but not
boarded.

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(f) If security bars are located on
windows/doors, boarding is not required.
(g) Openings too small for a person to
pass through, particularly pet openings in doors,
should be secured but not boarded.
(h) To ensure that no hazards exist,
remove all broken glass from the windows and
surrounding interior and exterior areas.
(2) Specifications for plywood boarding.
(a) Exterior plywood should be of
un-sanded CDX grade.
(b) Plywood thickness should be
one-half-inch for window openings, five-eighths-inch
for door openings and three-fourths inch for sliding
door and French door openings. When extra large
window openings are encountered, use
five-eighths-inch or three-fourths-inch, as necessary.
(c) All holes should be drilled to
accommodate bolts. The holes in the top of the
plywood should be 12 inches down from the top and
20% of the width of the plywood cover, in from the
side.
(d) The holes in the bottom should be
25% of the height of the plywood, up from the bottom
and the same distance in from the side as the top.
(e) Carriage bolts mated with nut and
two three-inch flat washers as shown in the side view.

Washers to be of sufficient size to fully accept the
square portion of bolt beneath head. Bolt and mating
hardware may be galvanized or cadmium plated.

Three-eighths-inch by 12-inch bolts should be supplied
with each two-foot, eight-inch door; three-foot door;
and glass sliding door cover. Three-eighths by ten-inch bolts should be supplied with the rest.
(f) Two-inch by four-inch lumber
should be graded and should be a minimum of 16
inches longer than the width of the plywood cover.
(Note: two by fours will be drilled with one-half-inch
diameter holes that line up with the holes in the
plywood covers.)
(g) All windows and doors, except the
front door, through which access to the interior of the dwelling is made, should be secured. All window
boards will be cut to fit inside the concrete block or
brick opening with a maximum one-eighth-inch
clearance. The plywood covering should be of one
continuous piece when possible.
(h) All fabricated parts and ancillary
materials become property of the Department of
Housing and Urban Development.
(i) All coverings are to be fabricated
according to the attached drawing and specifications.
(3) Boarding windows.
(a) Except as noted below, all window
sashes, frames, glass and hardware are to be
undamaged by the boarding installation.
(b) All screen inserts are to be
removed, marked as to location and stored in a
convenient closet or in the utility room.
(c) In all cases where it is possible to
adjust the position of the sashes to accommodate the
specifications for boarding above, the sashes are to
remain in the frame.
(d) In instances wherein the sashes
cannot be adjusted to accommodate the boarding
specifications above, the sashes are to be removed
from the frames and stored in a convenient closet or in the utility room. This includes all stationary lights
secured by stops.
(e) In cases wherein the sash cannot be
removed and/or the frame is permanently built into the
house and cannot be removed (i.e., Fenestra
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Property Maintenance Code 17
windows), it will be necessary to break the corner
panes to accommodate the boarding and bolts. If the
location of bolt holes, in the plywood, requires
modification because of the muntin bar (a small bar
that divides a windows glass), these locations are to be modified. In no case, in any type of window, is any
sash or frame part to be damaged.
(f) In all instances where items should
be removed from the frame and stored, the items
should be clearly marked as to the area from which it
was removed.
(g) All items are to be stored on edge
and braced to prevent accidental tipping, sliding and
the like. In no instance is any item to be stored laid
flat.
(h) Hinged windows are to be
completely removed from the frame and stored as
stated in (A)(3)(g) above. If possible, the hinge pins
are to be removed and remain with the removed item.
(i) Faced nailing of panels to wood
frame windows is prohibited.
(B) Any person violating any of the provisions of
this section shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93.
(Ord. MC-1576, passed 5-4-2022)
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CHAPTER 15.08: LIQUEFACTION
Section

15.08.010 Findings

15.08.020 Purpose

15.08.030 Scope - map

15.08.040 Liquefaction defined

15.08.050 Reports required

15.08.060 Reserved

15.08.070 Administration and enforcement

15.08.080 Compliance required prior to
issuance of permits

15.08.090 Appeal
§ 15.08.010 FINDINGS.

Local governing bodies are required to adopt
policies for the protection of the community against
geologic and seismic hazards, pursuant to Cal. Gov’t
Code, § 65302. The primary geologic and seismic
hazards that could potentially affect the city include
fault rupture, ground shaking, historic high ground
water and soil matrix. These hazards could cause
liquefaction resulting in extensive property damage
and loss of life in susceptible areas of the city.

Liquefaction reports, plus mitigation measures, for
new development in susceptible areas will greatly
reduce the risk of damage from liquefaction induced
building failures during an earthquake occurrence.
(Ord. MC-676, passed 9-19-1989)
§ 15.08.020 PURPOSE.

The purpose of this code is to reduce the potential
risk of property damage and loss of life due to
liquefaction induced building failures during an
earthquake occurrence by requiring liquefaction
reports and mitigation measures for development in
areas susceptible to liquefaction within this
jurisdiction.
(Ord. MC-676, passed 9-19-1989)
§ 15.08.030 SCOPE - MAP.

The map is included in the general plan indicating
areas of liquefaction susceptibility. All new
development projects, or structural modifications over
25% of the building area, which are located within the
areas of liquefaction susceptibility as determined by
the latest adopted edition of the general plan map
(“map”) may be required to provide liquefaction
reports and mitigation measures. The liquefaction
susceptibility areas indicated on the map have a
historic high ground water table within 30 feet of the
surface.
(Ord. MC-676, passed 9-19-1989)
§ 15.08.040 LIQUEFACTION DEFINED.

LIQUEFACTION is defined as the transformation
of a granular material from a solid state into a
liquefied state as a consequence of increased
pore-water pressures. Soils and clastic sediment with
particle size in the medium sand to silt range, as
determined by the Unified Soils Classification System,
are particularly susceptible to LIQUEFACTION when
they are saturated with water and shaken by an
earthquake. LIQUEFACTION at or near the surface
can result in foundation failure and property damage.
(Ord. MC-676, passed 9-19-1989)
§ 15.08.050 REPORTS REQUIRED.

A liquefaction report, plus mitigation measures,
prepared by a Registered Civil Engineer shall be
required by the Director of Community and Economic
Development for new construction or structural
modification of more than 25% of the building area for
the buildings or structures listed below which fall
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within the high liquefaction susceptibility areas as
indicated on the map:A liquefaction report, plus
mitigation measures, prepared by a Registered Civil
Engineer shall be required by the Director of
Development Services for new construction or
structural modification of more than 25% of the
building area for the buildings or structures listed
below which fall within the high liquefaction
susceptibility areas as indicated on the map:
(A) Essential facilities, as defined in Section
1604.5 Risk Category, which includes Table 1604.4
“Risk Category of Buildings and Other Structures” of
the California Building Code, including, but not
limited to, hospitals and other emergency medical
facilities, fire and police stations and government
disaster operation and communication centers;Essential
facilities, as defined in Section 1604.5 Risk Category, which includes Table 1604.5 “Risk Category of
Buildings and Other Structures” of the California
Building Code, including, but not limited to, hospitals and other emergency medical facilities, fire and police stations and government disaster operation and
communication centers.
(B) Buildings where the primary occupancy is
for assembly use for more than 50 persons in one
room;Buildings where the primary occupancy is for
assembly use for more than 50 persons in one room;
(C) Buildings over two stories in
height;Buildings over two stories in height;
(D) Buildings with the following occupancies, as
listed in the California Building Code:Buildings with
the following occupancies, as listed in the California
Building Code:
(1) Group A, (Assembly) Divisions 1, 2
and 2.1;Group A, (Assembly) Divisions 1, 2 and 2.1;
(2) Group E, (Educational) Division
1;Group E, (Educational) Division 1;
(3) Group H, (High Hazard) Divisions 1
and 2; andGroup H, (High Hazard) Divisions 1 and 2;
and
(4) Group I, (Institutional) Divisions 1 and

2.Group I, (Institutional) Divisions 1 and 2.
(E) Buildings with an occupant load of more than
300, as determined by Table 1004.1.2 of the
California Building Code;Buildings with an occupant
load of more than 300, as determined Table 1004.1.2
of the California Building Code;
(F) Underground tanks of more than 5,000
gallons, for storage of toxic, hazardous or flammable
materials;Underground tanks of more than 5,000
gallons, for storage of toxic, hazardous or flammable
materials;
(G) Tanks with a height of more than 35 feet;
andTanks with a height of more than 35 feet; and
(H) Towers with a height more than 35
feet.Towers with a height of more than 35 feet.
(Ord. MC-676, passed 9-19-1989; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.08.060 RESERVED.
[Reserved]
(Ord. MC-1525, passed 1-15-2020; Ord. MC-1643,
passed 10-2-2024)
§ 15.08.070 ADMINISTRATION AND
ENFORCEMENT.

The Director of Development Services shall
promulgate written procedures, regulations, guidelines
and fees pertaining to the implementation and
enforcement of this chapter. Such procedures,
regulations, guidelines and fees shall not become
effective until they have been approved by the Mayor
and CommonCity Council.
(Ord. MC-676, passed 9-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 15.08.080 COMPLIANCE REQUIRED PRIOR
TO ISSUANCE OF PERMITS.

Any person, business, organization or corporation
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Liquefaction 21
failing to provide the required liquefaction reports and mitigation measures to the Director of Development
Services in compliance with this chapter shall be
denied issuance of grading and building permits.
(Ord. MC-676, passed 9-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 15.08.090 APPEAL.

Any interested person aggrieved by the
determination of the Director of Development Services
may appeal the decision to the Mayor and
CommonCity Council in accordance with the
provisions of Chapter 2.64.
(Ord. MC-676, passed 9-19-1989; Ord. MC-1027,
passed 9-9-1998)
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CHAPTER 15.10: FOOTHILL FIRE ZONE BUILDING STANDARDS
Section

15.10.020 Purpose

15.10.030 Very high fire hazard severity
zones

15.10.040 CBC Section 701A.3.2 is added -
existing structures

15.10.060 Applicability

15.10.080 Applicable building standards
§ 15.10.020 PURPOSE.

The purpose of this chapter is to promote public
safety and welfare by reducing the risk of injury, death or property damage that may result from wild-land
fires in the foothill areas of the city. The building
standards contained in this chapter are intended to
prevent the ignition of, or otherwise reduce the spread of fire on developed properties, by controlling the use of materials and methods of construction.
(Ord. MC-960, passed 3-6-1996; Ord. MC-1162,
passed 1-6-2004; Ord. MC-1163, passed 1-23-2004)
§ 15.10.030 VERY HIGH FIRE HAZARD
SEVERITY ZONES.

Very high fire hazard severity zones are
designated in the city as recommended by the Director
of the State Department of Forestry and Fire
Protection within the city, as depicted on a map titled “City of San Bernardino Very High Fire Hazard
Severity Zones,” dated October 29, 2008, on file at
the office of the City Clerk, 300 N. D Street, San
Bernardino, California.
(Ord. MC-1309, passed 7-6-2009)
§ 15.10.040 CBC SECTION 701A.3.2 IS ADDED
- EXISTING STRUCTURES.
701A.3.2 Existing Structures. For existing structures, retrofitting of an element is required when more than 60% replacement of that element occurs. An addition to an existing structure need not comply with these standards if the addition does not exceed 60% of the floor are of the existing structure and the existing structure was not required to meet these construction standards when originally constructed. Retrofitting of an entire structure is required when a combination of elements are replaced or other repairs are made equal in value to 60% or more of the replacement cost of the structure as determined by the building official.

Alterations made to a structure shall not increase the degree of non-conformity in regards to these standards.
(Ord. MC-1337, passed 11-15-2010; Ord. MC-1395,
passed 1-6-2014)
§ 15.10.060 APPLICABILITY.

The requirements of this chapter shall apply to
those properties located in foothill fire zones A, B or C, as defined in Chapter 19.15, and those properties
located in a very high fire hazard severity zone, as
designated by the state.
(Ord. MC-960, passed 3-6-1996; Ord. MC-1162,
passed 1-6-2004; Ord. MC-1163, passed 1-23-2004;
Ord. MC-1261, passed 12-4-2007; Ord. MC-1262,
passed 12-18-2007)
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24 San Bernardino - Buildings and Construction
§ 15.10.080 APPLICABLE BUILDING
STANDARDS.
(A) The building standards contained in the
California Building Code, Chapter 7A, shall apply in
the foothill fire zones and in state designated very high fire hazard severity zones.The building standards
contained in the California Building Code, Chapter
7A, shall apply in the foothill fire zones and in state designated very high fire hazard severity zones.
(B) In addition, the following requirements shall
apply as noted herein:In addition, the following
requirements shall apply as noted herein.
(1) Fencing shall be of approved
non-combustible or ignition-resistant material. Fencing shall be of approved noncombustible or
ignition-resistant material.
(2) Vinyl window frame assemblies shall
have the following characteristics:Vinyl window frame
assemblies shall have the following characteristics:
(a) Frames shall have welded corners
and metal reinforcement in the interlock area;Frames
shall have welded corners and metal reinforcement in
the interlock area;
(b) Dual-paned insulated glazed units
with at least one pane of tempered glass;Dual-paned
insulated glazed units with at least one pane of
tempered glass;
(c) Frame and sash profiles are
certified in AAMA lineal certification program
(verified by an AAMA product label or a certified
products directory); andFrame and sash profiles are
certified in AAMA Lineal Certification Program
(verified by an AAMA product label or a Certified
Products Directory); and
(d) Certified and labeled to
ANSI/AAMA/NWWDA 101/I.S.2-97 for structural
requirements.Certified and labeled to
ANSI/AAMA/NWWDA 101/I.S.2-97 for structural
requirements.
(3) Roof mounted turbine vents shall not be
permitted.Roof mounted turbine vents shall not be
permitted
(4) All roof coverings shall be of non-wood
materials with at least a Class A fire-retardant rating..

All roof coverings shall be of non-wood materials with
at least a Class A fire-retardant rating.
(5) Paper-faced insulation shall be
prohibited in attics or ventilated spaces.
(Ord. MC-960, passed 3-6-1996; Ord. MC-1162,
passed 1-6-2004; Ord. MC-1163, passed 1-23-2004;
Ord. MC-1261, passed 12-4-2007; Ord. MC-1262,
passed 12-18-2007; Ord. MC-1337, passed
11-15-2010; Ord. MC-1395, passed 1-6-2014; Ord.

MC-1525, passed 1-15-2020; Ord. MC-1643, passed
10-2-2024)
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Foothill Fire Zone Building Standards 25
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26 San Bernardino - Buildings and Construction
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CHAPTER 15.11: BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS Section

15.11.020 Purpose

15.11.040 Scope/applicability

15.11.080 Building safety enhancement area
building standards
§ 15.11.020 PURPOSE.

The purpose of this chapter is to promote public
safety and welfare by reducing the risk of injury, death or property damage that may result from urban
conflagrations spread by high winds. The building
standards contained in this chapter are intended to
prevent the ignition of or otherwise reduce the spread
of urban fire by controlling the use of materials and
methods of construction.
§ 15.11.040 SCOPE/APPLICABILITY.

The Building Safety Enhancement Area Building
Standards shall apply to all newly constructed
buildings, structures or appurtenances outside the
foothill fire zones (as defined in Chapter 19.15) and
located in any of the following areas:
(A) Those areas of the city designated by Council
resolution after a noticed public hearing as being
located within a building safety enhancement area as
follows:
(1) Four or more abutting (as defined in
Chapter 19.02 of the Development Code) parcels with
at least four dwellings with each dwelling damaged
over 60% by fire or other catastrophe; and
(2) All dwellings and commercial structures
damaged over 60% by fire or other catastrophe that
are located within a block (as defined in Chapter 19.02 of the Development Code) in which 50% or more of
the dwellings and commercial structures have each
incurred damage over 60% by fire or other
catastrophe.
(B) Those new residential housing tracts
comprised of four or more dwelling units for which
building permit applications are submitted after the
effective date of this chapter; and
(C) Those new commercial structures that are
5,000 square feet or larger, for which building permit
applications are submitted after the effective date of
this chapter.
§ 15.11.080 BUILDING SAFETY

ENHANCEMENT AREA BUILDING
STANDARDS.
(A) Exterior walls. Exterior walls shall be
constructed of non-combustible materials or shall
provide the equivalent to a minimum of one-hour fire
resistance rated construction on the exterior side.
(B) Eaves. Eaves shall be enclosed with a
minimum seven-eighths-inch stucco or equivalent
protection.
(C) Exterior glazing. Exterior glazing shall
comply with the provisions of the California Building
Code and with the following additional requirements.
(1) Exterior windows, window walls and
glazed doors, and windows within exterior doors, shall
be tempered glass, or multi-layered glass panels (dualor triple-paned), or other assemblies approved by the Building Official.
(2) Vinyl window frame assemblies shall be
prohibited, except when they have the following
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28 San Bernardino - Buildings and Construction
characteristics:
(a) Frame and sash are comprised of
vinyl material with welded corners;
(b) Metal reinforcement in the
interlock area;
(c) Glazed with insulated glass or
tempered;
(d) Frame and sash profiles are
certified in AAMA lineal certification program
(verified with either an AAMA product label or
certified products directory);
(e) Certified and labeled to
ANSI/AAMA/NWWDA 101/I.S.2-97 for structural
requirements; and
(f) Except when needed to meet the
requirements of the California Energy Code at Title
24, Part 6 of the Cal. Code of Regulations.
(D) Garage doors. Garage doors shall be
constructed of non-combustible materials or fire
retardant treated wood.
(E) Vents.
(1) All vents shall be covered with
one-eighths-inch mesh corrosion-resistant metal screen
or other approved material that offers equivalent
protection.
(2) Roof-mounted turbine vents shall not be
permitted.
(F) Insulation. Paper-faced insulation shall be
prohibited in attics or ventilated spaces.
(G) Roof covering. All roof covering shall be of
non-wood materials with at least a Class A or B
fire-retardant rating. The open ends of high-profile tile roofs shall be capped with non-ignitable material to
prevent birds’ nests or other combustible material from accumulating. Gutters and downspouts shall be
constructed of non-combustible material.
(H) Fences. Where wood or vinyl fencing is
used, there shall be a minimum of five feet separation
between the wood or vinyl fencing and the wall of the
nearest structure, except on those properties where
previous construction occurred pursuant to a previous
code. Fencing within the five feet separation area shall be of non-combustible material or one-hour
fire-resistance-rated construction.
(Ord. MC-1162, passed 1-6-2004; Ord. MC-1163,
passed 1-23-2004)
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Building Safety Enhancement Area Building Standards 29
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30 San Bernardino - Buildings and Construction
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CHAPTER 15.12: EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS Section

15.12.010 Reserved

15.12.020 Reserved

15.12.030 Reserved

15.12.040 Reserved

15.12.050 Reserved

15.12.060 Reserved

15.12.070 Reserved

15.12.080 Reserved

15.12.090 Reserved

15.12.100 Reserved

15.12.110 Reserved

15.12.120 Reserved

15.12.130 Reserved

15.12.140 Reserved

15.12.200 Sign posting

15.12.300 Vacant unreinforced masonry
buildings
§ 15.12.010 RESERVED.
[Reserved]
(Repealed by Ord. MC-1261, passed 12-4-2007 and
Ord. MC-1262, passed 12-18-2007)
§ 15.12.020 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.030 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.040 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.050 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.060 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.070 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.080 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.090 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.100 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
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32 San Bernardino - Buildings and Construction
§ 15.12.110 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.120 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.130 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.140 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.200 SIGN POSTING.
(A) Any building owner who has received actual
or constructive notice from the Building Official that
a building located in the city is constructed of
unreinforced masonry shall post, in a conspicuous
place at the entrance of said building, on a sign not
less than five inches by seven inches, the following
statement, pursuant to Cal. Gov’t Code, § 8875.8,
printed in not less than 30-point bold type:

This is an unreinforced masonry building.

Unreinforced masonry buildings may be
unsafe in the event of a major earthquake.
(B) Pursuant to Cal. Gov’t Code, § 8875.9, this
section shall not apply to unreinforced masonry
construction if the walls are non-load bearing with
steel or concrete frame.
(C) Section 15.74.010 shall not apply to any
violation of this section.
(D) (1) If the owner of a building is not in
compliance with the posting requirements of division
(A) above on or after December 31, 2004, and the
owner has received actual or constructive notice from
the Building Official that their building is of
unreinforced masonry construction and has not been
retrofitted to the standards identified in § 15.12.010, the owner shall post and maintain, in a conspicuous
place at the entrance of the building, a sign not less
than eight inches by ten inches with the following
statement, with the first two words printed in 50-point bold type and the remaining words in at least 30-point
type:
“Earthquake Warning. This is an
unreinforced masonry building. You may not
be safe inside or near unreinforced masonry
buildings during an earthquake.”
(2) The posting shall be visible from the
exterior entrance of the building.
(3) An owner who is subject to this section
and who does not comply with the posting
requirements shall be subject to an administrative
citation pursuant to Chapter 9.92 and subject to an
administrative fine of $250 no sooner than 15 days
after notification by the Building Official that the
owner is subject to the administrative fine.
(4) Thereafter, if the owner does not
comply with and maintain compliance with the posting
requirements, within 30 days of the first administrative fine, the owner shall be subject to an additional
administrative citation and an additional administrative fine of $1,000.
(Ord. MC-1053, passed 8-4-1999; Ord. MC-1215,
passed 2-22-2006)
§ 15.12.300 VACANT UNREINFORCED
MASONRY BUILDINGS.
(A) Any unreinforced masonry building that has
been continuously vacant or abandoned for a period of
one year or more shall be strengthened to comply with
the standards identified in § 15.12.010 prior to
re-occupancy. A vacancy, as determined by the
Building Official, has occurred when there is no lawful occupancy or business activity within the structure for Packet Page 1340
Earthquake Hazard Reduction in Existing Buildings 33
one year. The lack of business registration records,
business receipts, utility and other records for a given period may be used to determine if a vacancy has
occurred.
(B) Any unreinforced masonry building that has
been continuously vacant or abandoned for a period of
three years or more shall be considered a public
nuisance and shall be subject to abatement as a public
nuisance in accordance with Chapter 8.30. Once
deemed to be a public nuisance, the building shall be
strengthened in accordance with the standards
identified in § 15.12.010, or demolished, or the
hazards associated with the building shall be otherwise mitigated to the satisfaction of the Building Official. (Ord. MC-1215, passed 2-22-2006)
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34 San Bernardino - Buildings and Construction
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CHAPTER 15.16: UNIFORM FIRE CODE
(Repealed by Ord. MC-1422, passed 5-16-2016)
Editor’s note:

On July 1, 2016 the city annexed into the County Fire Protection District. The County Fire Code, and other ordinances, were ratified by the Mayor and CommonCity Council pursuant to Ord. MC-1422. 35 Packet Page 1343
36 San Bernardino - Buildings and Construction
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CHAPTER 15.20: CERTIFICATE OF OCCUPANCY
Section

15.20.010 Purpose

15.20.020 Definitions

15.20.030 Certificate of occupancy required

15.20.040 Conditions requiring application

15.20.050 Application process

15.20.070 Temporary certificate of
occupancy

15.20.080 Revocation of certificate of
occupancy

15.20.090 Hearings

15.20.100 Connection/disconnection of
utilities

15.20.110 Violation
§ 15.20.010 PURPOSE.

The purpose of this chapter is to protect the
public from unsafe and substandard buildings, to
prevent the deterioration of buildings and to prevent
future blight and decline of property values through a
program of required inspection and certification.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989)
§ 15.20.020 DEFINITIONS.

Except as otherwise defined in this chapter, all
terms used in this chapter, which are defined by
applicable state law, the Uniform Code or this code,
are used in this chapter as so defined, unless from the context it clearly appears that a different meaning is
intended.

OCCUPANCY. The purpose for which a
building, structure or property is used or intended to
be used.

OCCUPANT. Any person who occupies a
unit, building, structure or property, whether as an
owner, or tenant or permittee of the owner.

OWNER. Any person having a legal or
equitable interest in the property.

PERSON. An individual, partnership,
corporation, association or organization, or the agent
of any of the foregoing.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-1027, passed 9-9-1998;
Ord. MC-1372, passed 4-17-2012)
§ 15.20.030 CERTIFICATE OF OCCUPANCY
REQUIRED.
(A) Buildings and structures. No relocated, or
hereafter erected structure shall be occupied, or no
change in occupancy shall be inaugurated until a
certificate of occupancy has been issued by the
Department of Community Development and Housing.
(B) Valid certificate. A certificate of occupancy
or temporary certificate of occupancy shall not be
deemed to be valid if it has expired, been denied,
withheld, revoked, failed to pass a fire inspection or a new certificate of occupancy was required but had not
been obtained.
(C) Posting certificate. The owner of the
business, building or structure shall display this
certificate in a conspicuous place. In addition, the
owner of a building or structure shall provide a copy
of the certificate to all lessees, renters and purchasers of the property.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-781, passed 4-22-1991;
Ord. MC-782, passed 5-3-1991; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1373, passed 5-24-2012;
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38 San Bernardino - Buildings and Construction
Ord. MC-1625, passed 2-21-2024)
§ 15.20.040 CONDITIONS REQUIRING
APPLICATION.

A new certificate of occupancy shall be required
whenever:
(A) A new building is constructed;
(B) A change in use affecting a building’s
existing zoning approval or conformity, or a change in
the nature of use of a building which would place it in a different occupancy classification, or division
thereof;
(C) A building or structure has been vacant for
more than 180 days;
(D) Whenever a building is ordered to be vacated
by the Building Official due to substandard or
dangerous conditions; and
(E) Undeveloped or vacant property is to be used
or occupied.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-781, passed 4-22-1991;
Ord. MC-782, passed 5-3-1991; Ord. MC-880, passed
6-23-1993; Ord. MC-1373, passed 5-24-2012)
§ 15.20.050 APPLICATION PROCESS.
(A) The owner shall file a written application
accompanied by payment of a fee with the Department
of Community Development and Housing prior to use
or occupancy of the premises or 30 days prior to
expiration of an existing certificate of occupancy or
temporary certificate of occupancy. The Building
Official shall cause an inspection to be made of the
premises within ten working days for compliance with
city codes. If the premises are in compliance with said codes, the Building Official shall issue a certificate of occupancy.
(B) When an inspection discloses that the
premises are not in compliance with the codes, the
Building Official shall give written notice of each
deficiency to the owner. No certificate of occupancy
shall be issued to the owner until all deficiencies are corrected. If the owner fails to correct all said
deficiencies within 60 days after the original
application was filed, the application shall expire and a new application, plus fees, will be required.
(C) The owner shall be responsible for making
the premises available for inspection by the city.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-741, passed 9-17-1990;
Ord. MC-1027, passed 9-9-1998; Ord. MC-1373,
passed 5-24-2012; Ord. MC-1625, passed 2-21-2024)
§ 15.20.070 TEMPORARY CERTIFICATE OF
OCCUPANCY.
(A) If the Building Official finds that no
substantial hazard will result from use or occupancy of any building or portion thereof, any structure or any
vacant property, and upon a showing of good cause by
the owner, the Building Official may issue a temporary
certificate of occupancy for up to 180 days.
(B) When a temporary certificate of occupancy
is issued for more than 30 days, the Building Official
shall require a cash bond payable to the city in an
amount equal to the cost of doing the required work as
determined by the Building Official.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-1373, passed 5-24-2012)
§ 15.20.080 REVOCATION OF CERTIFICATE
OF OCCUPANCY.

The Building Official, in writing, may deny or
revoke a certificate of occupancy when it is
determined that the building, structure or property is
in violation of the codes, or when the certificate was
issued in error or on false information supplied by the applicant. The certificate of occupancy is automatically revoked when there is a change of use or occupancy
classification, when the building or structure has been vacant for more than 180 days or when a building is
ordered vacated by the Building Official due to
substandard or dangerous conditions.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
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Certificate of Occupancy 39
passed 7-26-1989; Ord. MC-880, passed 6-23-1993;
Ord. MC-1373, passed 5-24-2012)
§ 15.20.090 HEARINGS.

Any person aggrieved by the revocation of any
certificate of occupancy by the Building Official may
appeal that decision in the manner set forth in Chapter

9.94, as such revocation is an administrative
enforcement action. Any person aggrieved by the
denial of a certificate of occupancy may appeal that
decision in the manner set forth in Chapter 2.45, as
such denial is an order, decision or determination of
the Building Official relating to the building standards of the California Building Standards Code.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-1373, passed 5-24-2012;
Ord. MC-1521, passed 9-18-2019)
§ 15.20.100 CONNECTION/DISCONNECTION
OF UTILITIES.
(A) Buildings, structures or property shall be
issued a certificate of occupancy or a temporary
certificate of occupancy prior to connection of public
utilities. The Building Official may approve the
connection of utilities prior to the issuance of a
certificate of occupancy when requested, in writing, by the applicant for good cause shown, and when he or
she finds that no unsafe conditions exist or will be
created by such connection.
(B) The Building Official may disconnect or
order discontinuance of any utility service to any
buildings, structures or premises lacking a valid
certificate of occupancy or a valid temporary
certificate of occupancy pursuant to the state codes.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-880, passed 6-23-1993;
Ord. MC-1373, passed 5-24-2012)
§ 15.20.110 VIOLATION.

Any person who violates or causes the violation
of any provision of this chapter shall be deemed guilty of a misdemeanor, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-1373, passed 5-24-2012)
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40 San Bernardino - Buildings and Construction
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CHAPTER 15.24: PROPERTY MAINTENANCE REQUIREMENTS
Section

15.24.010 Findings

15.24.020 Purpose

15.24.030 Definitions

15.24.040 Maintenance requirements for
single-family residences,
multi-residential, commercial and
industrial property

15.24.050 Enforcement - penalty

15.24.060 Severability
§ 15.24.010 FINDINGS.
(A) The citizens of the city have become
increasingly concerned with the unsightliness, the
deterioration and the degradation of certain properties, whether residential, commercial or any other zoning
designation in their neighborhoods and have sought the
help of city government in their effort to preserve their neighborhoods.
(B) Local governments have the authority to
establish minimum requirements for property
maintenance to protect the health, safety and
appearance of neighborhoods. Enforcement of these
minimum maintenance requirements can reduce and
eliminate blight and deterioration of neighborhoods,
protecting both property values and neighborhood
integrity.
(C) The Mayor and CommonCity Council find
that the deterioration of neighborhoods by the failure
to maintain properties to minimum standards results in
an adverse effect on the health, safety and welfare of
the citizens of this city.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1292,
passed 2-3-2009)
§ 15.24.020 PURPOSE.

The purpose of this chapter is to establish and
enforce minimum maintenance standards for all
property within the city in order to protect and
preserve neighborhood integrity.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1292,
passed 2-3-2009)
§ 15.24.030 DEFINITIONS.

For the purpose of this chapter, unless otherwise
apparent from context, certain words and phrases used
in this chapter shall have the meanings hereinafter
designated. The definitions in this chapter are included for reference purposes only and are not intended to
narrow the scope of definitions set forth in applicable laws or regulations. All terms used in this chapter,
which are not defined in this section, but are defined
by applicable laws, shall have the same meaning as the
definition in the applicable law, unless from context it clearly appears that a different meaning is intended.

APPLICABLE LAWS. Any applicable state or
federal law, any uniform or state codes adopted by the
municipal code, including, but not limited to, the
California Building Code, Uniform Housing Code,
Uniform Code for the Abatement of Dangerous
Buildings and California Fire Code.

GRAFFITI. Any inscription, word, figure, mark
or design that is written, marked, etched, scratched,
drawn or painted on real property, buildings,
structures (permanent or temporary) or other fixtures
thereon, or on any personal property placed on such
real property, including vehicles.

INOPERABLE or ABANDONED VEHICLE.

Any vehicle, operative or inoperative, that is:
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42 San Bernardino - Buildings and Construction
(1) Mechanically incapable of being driven;
(2) Prohibited from being operated on a
public street or highway, pursuant to the provisions of the California Vehicle Code, concerning license plates, registration, equipment, safety and related matters;
(3) Has been left by the owner or
responsible person for over 72 hours and has indicia of being inoperable, including, but not limited to, flat or deflated tires, cobwebs and accumulated dirt, trash or
debris in and on the vehicle; or
(4) Wrecked and/or dismantled.

OWNER. Any person having a legal or equitable
interest in the property.

PERSON. An individual, partnership,
corporation, association or organization, or the agent
of any of the foregoing.

PROPERTY. Any real property zoned for any of
the uses set forth in the Development Code and
includes sidewalks and parkways adjacent to the
property.

RECREATIONAL VEHICLE.
(1) Means any vehicles towed or
self-propelled on its own chassis or attached to the
chassis of another vehicle and designed or used for
recreational or sporting purposes or exclusively for
hauling personal property.
(2) The term RECREATIONAL VEHICLE
includes, but is not limited to, motor homes,
fifth-wheels, campers, camp trailers, trailers, boats,
water craft and all terrain vehicles.

VISIBLE. Viewable from the public
right-of-way, from property open to the general
public, common areas on a property or viewable from
another property in proximity to the property in
question.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1187,
passed 10-5-2004; Ord. MC-1292, passed 2-3-2009)
§ 15.24.040 MAINTENANCE REQUIREMENTS

FOR SINGLE-FAMILY RESIDENCES,

MULTI-RESIDENTIAL, COMMERCIAL AND
INDUSTRIAL PROPERTY.

Any person owning, renting, occupying,
managing or otherwise having charge of any
single-family residence, multi-residential, commercial
and industrial property shall maintain the property in
accordance with the following minimum standards.

Failure to comply with these minimum standards shall
constitute a violation of this code.
(A) Exterior requirements.
(1) Lack of landscaping. All required
setbacks abutting a public right-of-way and front and
visible side yards shall be landscaped (except for
improved surfaces, including, but not limited to, walks and driveways) with trees, shrubs, ground cover,
decorative rock, redwood bark and/or grass.
(2) Unmaintained landscaping. Trees,
shrubs, lawns and other planted vegetation shall be
maintained, including regular irrigation, pruning of
trees, trimming of shrubs and cutting of lawns.
(3) Weeds, dry brush and overgrown
vegetation. Property shall be free of overgrown or
dead vegetation, including, but not limited to, weeds,
trees or limbs, bushes and other planted vegetation.

Weeds include sage brush, dry grass, chaparral and
any other brush or vegetation which attains extensive
growth and becomes a fire menace when dry.
(4) Trash, debris and improper storage.

Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials (except where
otherwise permitted by this code), broken or
inoperative furniture, appliances, machinery,
equipment, any furniture (except for furniture
specifically designed for outdoor use), including, but
not limited to, furniture on porches, balconies, sun
decks and in front yards, and any other improperly
stored personal property causing an unsightly
appearance.
(5) Vehicle and recreational vehicle
storage. All operable vehicles and recreational
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Property Maintenance Requirements 43
vehicles shall be parked or stored in designated,
screened areas, a garage, carport or on an improved
surface. None of the above shall be occupied.
(6) Inoperable and abandoned vehicles.

Property shall be free of inoperable or abandoned
vehicles and parts of vehicles unless they are safely
stored in a garage or other enclosed storage area. This section shall not apply to a vehicle, or part thereof,
which is stored or parked in a lawful manner on
private property in connection with the lawfully
authorized and permitted business of a licensed
dismantler, licensed vehicle dealer or a licensed
junkyard; provided, however, that this exception shall
not authorize the maintenance of a public or private
nuisance as defined by applicable laws.
(7) Condition of structures. All
improvements on the property, including, but not
limited to, buildings, garages, carports, porches,
gates, fences, doors, windows, roofs, gutters, signs,
permanent or temporary structures, stairs, handrails,
retaining walls and trash enclosures shall be
painted/preserved and maintained in good repair and
condition. Paint or preservatives shall not be worn,
peeling or cracking.
(8) Improved surfaces. Walkways on
private property, driveways, parking areas and all
improved surfaces shall be maintained in good repair
and safe condition. Parking lot striping and handicap
markings shall be maintained in good condition.
(9) Graffiti. Buildings, structures,
sidewalks, driveways, other improved surfaces and
any other personal property placed on real property,
including vehicles, shall be free of graffiti.
(10) Rodent and vermin control. Property
shall be free from infestation of termites, insects,
vermin or rodents.
(11) Sewage. Improved property shall be
properly connected to a sewage disposal system or a
sanitary sewer and free from sewage seepage.
(12) Pools and spas. Pools and spas shall be
securely fenced and adequately maintained in
accordance with the Development Code and other
applicable laws.
(13) Construction. All buildings or structures
in a state of partial construction, repair or
rehabilitation shall have an active/valid permit and
shall be completed during the term of an active/valid
building permit or other time frame ordered by the
city. The owner or responsible person shall be
progressing diligently to complete the repair,
construction or rehabilitation of the building or
structure.
(14) Fencing. All fencing shall be
constructed in compliance with the Development Code
and other applicable laws with acceptable fencing
materials such as wood, vinyl, masonry or wrought
iron.
(B) Interior requirements. The interiors of all
buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in
good repair and safe, sanitary conditions in
conformance with the building code under which it
was built or remodeled and any retroactive codes.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1292,
passed 2-3-2009)
§ 15.24.050 ENFORCEMENT - PENALTY.
(A) Any person who violates or causes violation
of any provision of this chapter shall be deemed guilty of an infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(B) Nothing in this chapter shall be deemed to
prevent the City Attorney from commencing a civil
action to abate a nuisance in addition to, alternatively to or in conjunction with the proceedings set forth in
this chapter; nor shall anything in this chapter be
deemed to prevent the city from commencing a
criminal action with respect to the nuisance in addition to, alternatively to or in conjunction with the
proceedings set forth in this chapter, or other
ordinance, statute or state law.
(C) Payment of any fine or service of jail
sentence herein provided shall not relieve a person,
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44 San Bernardino - Buildings and Construction
firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting
from the violation. In addition to the above penalties, the court may order that the guilty party reimburse the city for all costs of investigating, analyzing and
prosecuting the enforcement action against the guilty
party. The court shall fix the amount of any such
reimbursement upon submission of proof of such costs
by the city.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1029,
passed 9-22-1998; Ord. MC-1292, passed 2-3-2009)
§ 15.24.060 SEVERABILITY.

The provisions of this chapter are severable, and
if any sentence, section or other part of this chapter
should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining
provisions shall continue in full force and effect.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1292,
passed 2-3-2009)
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CHAPTER 15.25: MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION PROGRAM Section

15.25.010 Purpose

15.25.020 Definitions

15.25.030 Scope

15.25.040 Annual inspection required

15.25.050 Administrative citations

15.25.080 Enforcement - public nuisance

15.25.090 Enforcement - alternatives
§ 15.25.010 PURPOSE.

The multi-family rental housing fire inspection
program is a part of the city’s overall effort to
encourage upkeep of multi-family rental housing units.

Owners of these types of structures will be required to maintain these units in accordance with applicable
housing, building and property maintenance standards
as adopted by the city. Recent fires in the city have
resulted in property damage, personal injuries and loss of life in multi-family rental housing units. Cal. Health and Safety Code, § 13146.2(a) requires city fire
departments to inspect multi-family rental housing
units annually.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1176,
passed 7-22-2004)
§ 15.25.020 DEFINITIONS.

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

CITY. The City of San Bernardino.

FIRE MARSHAL. The division head of the San
Bernardino City Fire Department Fire Prevention
Division, or his or her designee.

MULTI-FAMILY RENTAL HOUSING
COMPLEX. A multi-unit residential structure
consisting of four or more units existing on one parcel of land.

MULTI-FAMILY RENTAL HOUSING UNIT or
UNIT. Any residential dwelling unit, as defined in
Chapter 19.02 of the Development Code, in a single
structure, or in a group of attached or detached
structures containing two or more such dwelling units
on the same parcel of land, and is occupied or
intended to be occupied on a rental basis. For the
purpose of this chapter, the following types of
dwelling units or facilities are not considered
MULTI-FAMILY RENTAL HOUSING UNITS:
(1) Hotels or motels;
(2) Accommodations in any hospital,
extended care facility, residential care facility,
convalescent home, non-profit home for the aged or
dormitory that is owned and operated by an education
institution; and
(3) Mobile home parks.

OCCUPANT. Any person who occupies a unit,
whether as an owner or tenant or permittee of the
owner.

OWNER. A single individual or entity that has
any kind of ownership interest, whether as an
individual, partner, joint venturer, stock owner or
some other capacity.

PERSON. The individual, partnership,
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46 San Bernardino - Buildings and Construction
corporation or association or the rental agent of any of the foregoing.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1176, passed 7-22-2004)
§ 15.25.030 SCOPE.

The provisions of this chapter shall apply to all
multi-family rental housing complexes containing four
or more units on a single parcel.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1176,
passed 7-22-2004)
§ 15.25.040 ANNUAL INSPECTION REQUIRED.
(A) Pursuant to Cal. Health and Safety Code,
§ 13146.2, any multi-family rental housing complex,
containing four or more units on a single parcel, shall be subject to an annual inspection of the interior and
exterior by the Fire Marshal for compliance with
applicable sections of state and local fire codes relating to housing, building and property maintenance.
(B) The Fire Marshal shall mail written notice to
the owner(s) of the multi-family rental housing
complex at least three weeks before the scheduled
annual inspection. The owner(s) of the multi-family
rental housing complex shall give written notice to all tenants at least one week before the scheduled annual
inspection.
(C) The owner(s) of the multi-family rental
housing complex shall pay a fee to the city, in an
amount set by resolution of the CommonCity Council,
sufficient to pay the costs of the Fire Marshal’s annual inspection pursuant to this chapter.
(D) Any owner(s) of a multi-family rental
housing complex who fails to permit the annual
inspection by the Fire Marshal, pursuant to this
chapter, shall be guilty of an infraction or
misdemeanor punishable in accordance with Chapter

1.12. (E) Any owner(s) of a multi-family rental
housing complex who fails to pay the fee charged for
the costs of the Fire Marshal’s annual inspection,
pursuant to this chapter, shall be guilty of an infraction punishable in accordance with Chapter 1.12.
(Ord. MC-1176, passed 7-22-2004)
§ 15.25.050 ADMINISTRATIVE CITATIONS.

Where the Fire Marshal’s annual inspection,
pursuant to this chapter, identifies a violation(s) of
state or local Fire Codes, relating to housing, building or property maintenance, the Fire Marshal may issue
an administrative citation to the property owner(s) in
accordance with Chapter 9.92.
(Ord. MC-1176, passed 7-22-2004)
§ 15.25.080 ENFORCEMENT - PUBLIC
NUISANCE.
(A) It shall be considered a public nuisance to
have or maintain any rental property which fails to
comply with state and local laws as they relate to Fire Codes, housing standards, property maintenance,
Building Codes or local zoning requirements.
(B) The Fire Marshal shall have the power to
require correction of violations identified through the annual inspection by using the procedure set forth in
the California Fire Code, Article 1Title 24, Part 9,
Part 1 (Chapters 1 and 2) and Chapter 8.30 of the
municipal code.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1176,
passed 7-22-2004)
§ 15.25.090 ENFORCEMENT -
ALTERNATIVES.
(A) Nothing herein shall prevent the enforcement
of this chapter by criminal, civil or administrative
actions either undertaken individually or in conjunction with other remedies.
(B) The enforcement of this chapter by a
criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this chapter.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1176,
passed 7-22-2004)
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Multi-Family Rental Housing Fire Inspection Program 47
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48 San Bernardino - Buildings and Construction
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CHAPTER 15.26: SINGLE-FAMILY RENTAL PROPERTY INSPECTION PROGRAM Section

15.26.010 Purpose

15.26.020 Applicability

15.26.030 Rebuttable presumption

15.26.040 Definitions

15.26.050 Compliance with business
registration requirements

15.26.060 Biennial inspection required

15.26.070 Inspection fees

15.26.080 Notice of inspection

15.26.090 Violations

15.26.100 Re-inspections

15.26.110 Administrative citations

15.26.120 Appeals

15.26.130 Self-certification program

15.26.140 Complaint-based inspections

15.26.150 Voluntary inspection requests

15.26.160 Enforcement - public nuisance

15.26.170 Enforcement - alternatives

15.26.180 Penalties
§ 15.26.010 PURPOSE.

The single-family rental property inspection
program is a part of the city’s overall effort to
encourage upkeep of all rental property, as defined
herein. Owners of any rental property will be required
to maintain these units in accordance with all
applicable laws.
§ 15.26.020 APPLICABILITY.
(A) The provisions of this chapter shall apply to
all single-family rental property, as that term is
defined herein, within the city. This chapter also
applies to the premises on which a rental property is
located, including, but not limited to, parking lots,
driveways, landscaping, accessory structures, fences,
walls, swimming pools, hot tubs and spas.
(B) The provisions of this chapter are
supplementary and complementary to other provisions
of this code and applicable laws. Nothing in this
chapter may be construed to limit any existing right of the city to abate nuisances or to enforce any provisions of applicable law, statute or this code, including
provisions of uniform codes adopted by reference in
this code.
§ 15.26.030 REBUTTABLE PRESUMPTION.
[Reserved]
(Repealed by Ord. MC-1371, passed 3-20-2012)
§ 15.26.040 DEFINITIONS.

For the purpose of this chapter, unless otherwise
apparent from their context, certain words and phrases
used in this chapter shall have the meanings
hereinafter designated. The definitions in this chapter are included for reference purposes only and are not
intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the
plural may include the singular. Use of the masculine
shall also mean feminine and neuter.

APPLICABLE LAWS. The City’s Municipal
Code, the California Fire Code, the California
Building Code, the Uniform Housing Code, Uniform
Code for the Abatement of Dangerous Building and
any other laws or regulations relating to the health or safety of city residents or the general public.

CITY. The City of San Bernardino.

DIRECTOR. The Director of Community
Development and Housing of the City of San
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50 San Bernardino - Buildings and Construction
Bernardino, or his or her designee.

OCCUPANT. Any person who occupies a rental
property, whether as a tenant or permittee of the
owner.

OWNER or PROPERTY OWNER. A single
individual, partnership or joint venture or any entity
that has any kind of ownership interest in a rental
property, whether as an individual, partner, joint
venture, stock owner or ownership interest in some
other capacity or the owner’s designee. If more than
one person or an entity owns the subject real property, OWNER or PROPERTY OWNER refers to each
person or entity holding any kind of ownership interest in the property, and the property owners’ obligations
in this chapter are joint and several as to each property owner.

SINGLE-FAMILY RENTAL PROPERTY,
RENTAL PROPERTY or RENTAL UNIT. A
dwelling unit, as defined in Chapter 19.02 of the San
Bernardino Development Code, in a single structure,
or in a group of attached or detached structures
containing three or less such dwelling units on the
same parcel of land, and is occupied or for occupancy
by a person(s) other than the owner of the unit and
includes the premises on which said rental property is
situated and any common areas, including, but not
limited to, parking lots, driveways, landscaping,
accessory structures, fences, walls, swimming pools,
hot tubs and spas. For the purpose of this chapter, the following types of dwelling units or facilities are not considered SINGLE-FAMILY RENTAL HOUSING
UNITS:
(1) Multi-family rental housing complexes,
as defined in Chapter 15.25;
(2) Hotels or motels;
(3) Condominiums, as defined in Chapter

Mayor and City CouncilAugust 20, 2025

Mayor and City Council
August 20, 2025