REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
August 6, 2019
FROM
TERRI RAHHAL, Director, Land Use Services Department
SUBJECT
Title
Introduction of an ordinance related to littering and illegal dumping.
End
RECOMMENDATION(S)
Recommendation
1. Consider proposed ordinance repealing Chapter 2 of Division 7 of Title 3 and adding Chapter 8 to of Division 8 of Title 2 of the County Code relating to littering and illegal dumping.
2. Make alterations if necessary to the proposed ordinance.
3. Approve introduction of the proposed ordinance.
4. Read the title only of the proposed ordinance, waive reading of the entire text, and SCHEDULE FOR FINAL ADOPTION ON AUGUST 20, 2019, on the Consent Calendar.
(Presenter: Andy Wingert, Code Enforcement Chief, 387-8178)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of the proposed ordinance will not result in the use of Discretionary General Funding (Net County Cost). Adequate appropriation to complete this action has been included in the Land Use Services Department’s (LUS) 2019-20 budget.
BACKGROUND INFORMATION
The purpose of the proposed ordinance is to improve deterrents to littering and illegal dumping, which impact public health and safety, as well as the environment. Illegally dumped waste quickly becomes hazardous to the environment, and litter frequently becomes a public nuisance.
The current County Code does not address littering. Anyone who litters in unincorporated areas of San Bernardino County can only be cited with a violation of the Penal Code. In San Bernardino County, only peace officers are authorized to enforce the littering provisions of the Penal Code. Adoption of the proposed ordinance will make littering a violation of the County Code, which may be enforced by County Code Enforcement Officers in addition to peace officers. As with other County Code requirements, the proposed ordinance would make administrative citations and other administrative and civil remedies available for staff to take enforcement actions in response to littering and illegal dumping. The proposed ordinance also involves some reorganization to combine the new littering provisions with existing illegal dumping provisions, in a new chapter. The counterpart state law combines littering and illegal dumping in a similar manner.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, and Kenneth Hardy Deputy County Counsel, 387-5455) on June 24, 2019; Finance (Kathleen Gonzalez, Administrative Analyst III, 387-5412) on July 15, 2019; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on July 19, 2019.