Ordinance No. MC-1672
1 ORDINANCE NO. MC-1672
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 8.32 TO TITLE 8 OF THE SAN
BERNARDINO MUNICIPAL CODE TO ESTABLISH
REGISTRATION, MAINTENANCE, SECURITY, AND
INSPECTION REQUIREMENTS FOR VACANT OR
ABANDONED RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL PROPERTIES
WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, Article XI, section 7 of the California Constitution grants cities the authority to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations; and
WHEREAS, the California Health and Safety Code sections 33031 and 17920.3 identifies physical and economic conditions that cause blight, including serious building deterioration and an abnormally high number of abandoned buildings. The California Building Standards Codes also contain standards for conditions of buildings and structures; and WHEREAS, vacant residential, commercial, and industrial properties can become attractive nuisances, and the City has seen several examples whereby unhoused individuals have broken in and occupied vacant properties, have started fires, and have led to those structures catching fire and creating partial or complete fire damage to the structures; and WHEREAS, it is the intent of the Mayor and City Council to protect the health, safety and appearance of the City’s neighborhoods by reducing blight and promoting active property use by implementation of a vacant property maintenance and registration requirement; and WHEREAS, vacant and abandoned properties may require increased monitoring, inspection, code enforcement, and other municipal services, and the Mayor and City Council desire to establish a program to recover the reasonable costs of administering such program.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Code Amendment. Chapter 8.32 is hereby added to Title 8 (Health and Safety) of the City of San Bernardino Municipal Code, to read in its entirety as follows:
Ordinance No. MC-1672
2 Ҥ8.32.010 PURPOSE.
The purpose of this Chapter is to promote the health, safety, and general welfare of the residents of the City of San Bernardino (“City”) by establishing registration, maintenance, security, and inspection requirements for vacant or abandoned residential, commercial, and industrial properties. This Chapter is intended to prevent and reduce blight, deterioration, and public nuisances, and to encourage the productive use and occupancy of such properties.
§8.32.020 APPLICABILITY.
This Chapter shall apply to all residential, commercial and industrial real property containing a building or structure that meets the definition of “Vacant Property” in this Chapter and is located within the City. A Vacant Property shall not be exempt from the maintenance or security requirements of this Chapter solely because it is offered for sale, lease, or rent. A Vacant Property that is actively and continuously marketed in good faith for sale, lease, or rent through commercially reasonable efforts may be exempt from the registration requirement, provided that the Property Owner demonstrates such marketing to the satisfaction of the City and the property remains in full compliance with all applicable provisions of this Code. Property owners shall not be subject to this Chapter where they have not received a favorable land use (e.g., entitlement; permit; map; etc.) vote by the applicable City review authority to put the Vacant Property to reasonable use and continue to actively and continuously market the Vacant Property in good faith for sale, lease, or rent through commercially reasonable efforts. §8.32.030 DEFINITIONS.
Words and phrases used in this Chapter shall have the meanings set forth below. Terms not defined in this Chapter shall have the meanings assigned elsewhere in this Code or, if not otherwise defined, their ordinary meanings.
DIRECTOR: The City of San Bernardino Director of Community Development and Housing.
PROPERTY OWNER or OWNER: Any person or legal entity holding legal or equitable title to a Vacant Property located within the boundaries of the City of San Bernardino. Where more than one person or entity qualifies as an Owner, the obligations imposed by this Chapter shall apply jointly and severally to each Owner.
VACANT PROPERTY: Real property containing a building or structure that is unoccupied and not being lawfully used for its intended purpose. A property shall not be considered vacant solely because it is temporarily unoccupied while active construction, rehabilitation, or repair is being performed pursuant to any required valid City permit, provided that the work is progressing diligently toward completion.
Ordinance No. MC-1672
3 §8.32.040 RESPONSIBILITY.
The Property Owner shall remain responsible for maintaining the property in compliance with this Chapter and all other applicable provisions of this Code, regardless of whether the Owner designates an authorized agent to perform any duty required by this Chapter. §8.32.050 REQUIRED MAINTENANCE OF THE PROPERTY.
(A) Every Vacant Property shall be maintained in compliance with Section 15.24.040 of this Code and all other applicable property-maintenance requirements. (B) Additional Maintenance Requirements For Vacant Properties. (1) Unimproved Vacant Lots. Persons owning or maintaining vacant lots that were never developed or became vacant after pre-existing buildings, structures, or impervious surfaces were removed, must provide a landscape and irrigation plan to the Director for approval within 30 days of the property becoming vacant.
(2) Exterior Maintenance. A vacant property owner shall actively maintain and monitor the exterior of any buildings and the grounds, including all lots, so that they remain in continuing compliance with all applicable codes, regulations, and do not contribute to blight. Active Maintenance and Monitoring shall include, but not be limited to:
(a) Landscaped area must be provided and maintained on all perimeters of a vacant property located adjacent to all streets, alleys, or other public rights of way.
(b) Maintenance of landscaping and vegetation must be in good condition at all times.
(c) The property must be equipped with an operable irrigation system for the ground cover, which must be installed and maintained in good condition at all times.
(d) Prevention of criminal activity on the premises and trespass by unauthorized person.
(e) Turning off utilities that are not necessary for the upkeep and maintenance of the property.
(3) Security Measures. Each vacant property must be secured against unauthorized entry. The methods of security shall be approved by the Director, who shall take into consideration whether the property has been cited for nuisance activity or criminal conduct by another depart of the City or another government agency. To enhance safety and prevent unauthorized entry, the following specific security measures are required:
Ordinance No. MC-1672
4 (a) Installation of security cameras monitoring the exterior of the structure and surround property. Security cameras shall kept in good operating condition as all times preserving video footage for at least 30 days.
(b) Install a fire and burglar system that is maintained and in working order at all times. These systems must comply with the requirements of Chapter 8.81 of the City of San Bernardino Municipal Code. (c) Install perimeter fencing behind all landscaping preventing entry onto the property. Fencing shall comply with all local rules. (d) Complete and transmit to the City a trespass authorization letter, authorizing the City’s Police Department and other authorized City officials to enforce trespass laws on such vacant property, which shall be completed and transmitted anew each calendar year for which the vacant property must register with the City per the terms of this Chapter.
(4) Insurance. The property owner shall maintain fire and liability coverage as determined necessary by the Director. Any insurance policy must require advanced, written notice to the Director in the event of cancellation of insurance or a reduction in coverage.
(5) Additional Requirements for Commercial Buildings. In addition to the above requirements, any vacant commercial property must be maintained in accordance with the additional following requirements:
(a) If the property has a building(s) with a fire sprinkler system, those systems must be maintained in working order at all times; (b) If the property has building(s) with a centralized and registered fire and burglar alarm system, those systems must be maintained in working order at all times; and
(c) Buildings without a fire sprinkler system shall be provided with continuous physical monitoring by means of an on-site patrol. “Continuous physical monitoring” shall mean the use of a licensed security agency operating in the City of San Bernardino and providing regular surveillance of the vacant building or property, as part of the agency’s security route.
(6) Quarterly Inspection. The property owner, or their designee, shall physically inspect the property quarterly to ensure compliance with all provisions of this Chapter and shall coordinate with the City’s Code Enforcement Department to have a representative present to oversee the inspection. The property owner shall be responsible to pay the reasonable costs of the City’s Code Enforcement representative overseeing the Ordinance No. MC-1672
5 quarterly inspection. The property owner, or their designee, shall transmit to the City a written report on a quarterly basis documenting the quarterly inspection was conducted, which shall include a certification of compliance with each of the requirements of this Chapter with specificity, and a signature of the City’s Code Enforcement representative certifying that they oversaw the inspection. The City shall inspect any vacant property in compliance with all local, state, and federal laws.
(7) Additional Requirements For All Vacant Properties. All vacant property owners shall remove all furniture and personal property from any real property, interior of any building, structure, or portion thereof, that is vacant. They shall remove all curtains, blinds, and window coverings from all windows located on the ground level of any vacant building or structure to allow a clear view to the interior of the building or structure. (8) The Director, at their discretion, shall have the authority to require any vacant property owner to implement additional maintenance and security measures in order to effectuate the purposes of this Chapter. This may include, but is not limited to, installation of security lightings, increasing the frequency of on-site inspections, employment of an on-site security guard, or posting additional signage at the property.
(9) The Director may modify the requirements, at their discretion, and may modify or waive some or all of these requirements in the case of a property that has been damaged by fire, earthquake, a natural disaster, or other calamity.
§8.32.060 SECURITY.
All buildings and structures located on a Vacant Property shall be secured against unauthorized entry. Where boarding or other securing of openings is required, the building or structure shall be secured in accordance with Section 15.05.300 of this Code. A clearly visible “No Trespassing” sign shall be posted at all points of entry and spread consistently around the property, and be posted on each street or alley facing frontage of the Vacant Property in a location visible from the adjoining public right-of-way in compliance with Chapter 9.52.
§8.32.070 REGISTRATION OF THE VACANT PROPERTY.
(A) If a property remains a Vacant Property for more than ninety (90) consecutive calendar days, the Property Owner, or its authorized agent, shall register the Vacant Property with the City within thirty (30) calendar days after the expiration of the ninety (90) day period by submitting a completed vacant property registration form provided by the City. The registration shall be valid for twelve (12) months from the date of registration. If the Vacant Property remains a Vacant Property upon expiration of the registration, the Property Owner shall renew the registration on or before the expiration date.
Ordinance No. MC-1672
6 (B) The vacant property registration form shall require the following information:
(1) The name, mailing address, telephone number, and email address of the Property Owner.
(2) The name, mailing address, telephone number, and email address of any authorized agent.
(3) The name, telephone number, and email address of the person responsible for the maintenance and security of the property.
(4) The street address and assessor’s parcel number of the Vacant Property. (5) The date on which the property became a Vacant Property, to the best of the Property Owner’s knowledge.
(6) Any other information reasonably necessary for the City to administer this Chapter, as required by the vacant property registration form. (7) Verification, under penalty of perjury, that the contents of the application are true, correct, and complete to the best of their knowledge and that the applicant acknowledges they shall comply with all of the requirements under this Chapter.
(C) Within thirty (30) calendar days after a change in ownership of a Vacant Property, the new Property Owner, or its authorized agent, shall submit a new vacant property registration form to the City if the property remains a Vacant Property. The Property Owner shall notify the City within thirty (30) calendar days after any change to the information required by subsection (B) above. §8.32.080 NOTIFICATION TO REGISTER THE PROPERTY.
(A) Where the City has cause to believe, based on an inspection, complaint, or report from another City department or other government agency, that a property is a Vacant Property that has remained a Vacant Property for more than ninety (90) consecutive calendar days, the City shall serve the Property Owner, or its authorized agent, with a written notice requiring the Property Owner to register the Vacant Property with the City within thirty (30) calendar days. The notice shall identify the Vacant Property, state the basis for the City’s determination that registration is required, state the deadline to register, and provide notice of any applicable appeal rights.
(B) Failure to register the Vacant Property within the time required by this Chapter constitutes a violation of this Chapter and shall be enforced pursuant to Section
8.32.120.
Ordinance No. MC-1672
7 §8.32.100 INSPECTIONS.
The City shall inspect the Vacant Property on an annual basis to determine compliance with this Chapter and other applicable provisions of the City Municipal Code in compliance with local, state, and federal law. The City shall conduct additional inspections when necessary to determine or verify compliance with this Chapter or to protect the health, safety, or general welfare of the public. The City shall recover from the Property Owner the reasonable cost of inspections and reinspections authorized by this Chapter. Any inspection or reinspection fee shall be established by Resolution of the Mayor and City Council, as amended from time to time.
§8.32.110 REMOVAL OF PROPERTY FROM REGISTRY.
A Vacant Property shall be removed from the City’s registry when the City determines that the property no longer meets the definition of a Vacant Property under this Chapter. If a certificate of occupancy or other City approval is required before lawful occupancy of the property, the Property Owner shall obtain the required certificate or approval before removal from the registry. Removal from the registry shall not waive or extinguish any outstanding violation, fee, cost, penalty, or other obligation incurred while the property was registered or required to be registered.
§8.32.120 ENFORCEMENT.
Any person who violates any provision of this Chapter is guilty of a misdemeanor, which, upon conviction, is punishable in accordance with Section 1.12.010 of the City’s Municipal Code. It is unlawful and declared a public nuisance to violate any provision of this Chapter.
The City may also enforce violations of this Chapter by administrative citation, administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law.
§8.32.130 FEES.
The Property Owner shall be responsible for any fees established by the Mayor and City Council by resolution for the administration and enforcement of this Chapter, including, but not limited to, registration, renewal, inspection, and reinspection fees. The Property Owner shall also be responsible for any abatement costs or other costs lawfully incurred by the City in enforcing this Chapter. Any unpaid fees or costs shall be collected by any means authorized by law.
§8.32.140 APPEAL RIGHTS.
(A) The Property Owner, or its authorized agent, may file with the City Clerk a written appeal to put the appeal before a hearing officer no later than 15 days following the date of the mailing of any notice of action by the City.
Ordinance No. MC-1672
8 (B) All appeals conducted pursuant to this Chapter shall be governed by the procedures set forth in Chapter 9.94 of the City’s Municipal Code. §8.32.150 SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.” SECTION 3. Certification. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.
SECTION 4. CEQA. The Mayor and City Council find that this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional or otherwise invalid.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of October 2026.
Helen Tran, Mayor
City of San Bernardino
Ordinance No. MC-1672
9 Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Albert J. Maldonado, City Attorney
Ordinance No. MC-1672
10 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1672, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No.MC-1672 was approved/ passed and adopted at a regular meeting held the 7th day of October 2026 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026.
Telicia Lopez, CMC, City Clerk