HomeMy WebLinkAboutMC-1080
Adopted: September 5, 2000
Effective: October 6, 2000
ORDINANCE NO. MC-l080
AN ORDlNANCE OF THE CITY OF SAN BERNARDlNO AMENDING
CHAPTER 3,68 OF THE SAN BERNARDlNO MUNICIPAL CODE RELATING TO THE
SHIFT IN RESPONSIBILITIES FOR ASSESSING LIENS TO CODE COMPLIANCE AND
THE CITY'S HEARING OFFICER,
6 THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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8 SECTION I. Section 3.68.010 of the San Bernardino Municipal Code is hereby amended
to read as f(lllows:
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Section 3.68.0 1 0 Notice of Hearing of Assessments.
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A. Whenever, pursuant to any state statute or City ordinance, it is provided that costs
incurrcd in the abatement of any nuisance may be assessed as a charge against the real property
which is the subject of the nuisance abatement. the City oflicial, hearing officer, board or
commission ordering the abatement shall file a notice and itemization of the charges. declared to
be true and correct, to be assessed against each specific parcel with the Hearing Oflicer of the City
of San Bernardino. The notice shall identify the property to be assessed by the street designation
and assessor's parcel number and shall name the owners and encumbrancers as ascertained from
the latest title records or other sources.
B. A bill for the costs shall be mailed to the property owner of record at the address
shown on the current assessment roll and any other address shown in City records and to the holder
of any recorded interest, whose address may be ascertained from title records, or is otherwise
known to the Code Compliance Division, with a notice of the time and date on which the Hearing
Officcr will hold a hearing to hear and decide any objections to the assessment. Notice shall be
given at least ten days prior to thc hearing and shall specify that objections may be presented at the
hearing or filed in writing five days in advance of the hearing.
C. At the hearing, based upon the evidence presented, the Hearing Officer shall
determine the amount to be assessed against any parcel and the time of payment. Any payment not
paid when due or paid in installments as may be allowed by the Code Compliance Division shall
bear interest at the rate of twelve percent (12%) per annum. The decision of the Hearing Officer
shall be final, subject to appeal to the Board of Building Commissioners in accordance with
Scctions 2.45.020 and 8.30.070 of the San Bernardino Municipal Codc.
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Me-1080
1 SECTION 2. Section 3.68.015 of the San Bernardino Municipal Code is hereby amended to read
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as follows:
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Section 3.68.015 Costs of Abatement.
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A. Whenever, pursuant to any state statute or City ordinance, it is provided that costs
incurred in the abatement of any nuisance may be assessed as a charge against the real property
which is the subject of the nuisance abatement, the City official, hearing officer, board or
commission ordering the abatement shall file a notice and itemization of the charges, declared to
be true and correct, to be assessed against each specific parcel with the Hearing Officer of the City
of San Bernardino. The notice shall identify the property to be assessed by the street designation
and assessor's parcel number and shall name the owners and encumbrancers as ascertained from
thc latest title records or other sources.
B. A bill for the costs shall be mailed to the property owner of record at the address
shown on the current assessment roll and any other address shown in City records and to the holder
of any recorded interest, whose address may be ascertained from title records, or is otherwise
known to the Hearing Officer, with a notice of the time and date on which the Hearing Officer will
hold a hearing to hear and decide any objections to the assessment. Notice shall be given at least
ten days prior to the hearing and shall specify that objections may be presented at the hearing or
filed in writing five days in advance of the hearing.
C. At the hearing, based upon the evidence presented, the Hearing Officer shall
determine the amount to be assessed against any parcel and the time of payment. Any payment not
paid when duc or paid in installments as may be allowed by the Hearing Oflicer shall bear interest
at the rate of twelve percent (12%) per annum. The decision of the Hearing Officer shall be final,
subject to appeal to the Board of Building Commissioners in accordance with Sections 2.45.020
and 8.30.070 of the San Bernardino Municipal Code.
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Me-l080
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SECTION 3. Section 3.68.020 of the San Bernardino Municipal Code is hereby amended to read
as follows:
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Section 3.68.020 Confirmation of Assessments by Board of Building Commissioners. Recordation
of Tax Lien and Collection thereof.
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A. A notice of the decision by the Hearing Officer of assessments to be charged shall
be tiled with the Code Compliance Division, who shall place the notice on the agenda of the Board
of Building Commissioners for confirmation by resolution.
B. Aftcr confirmation of the assessments by the Board of Building Commissioners
or upon decision of the Board of Building Commissioners of an appeal, a notice of lien for the
amounts determined to be owed for abatement shall be recorded with the Recorder of San
Bernardino County by the Code Compliance Division. The City may additionally directly bill the
owner for payment. The direct billing procedure is discretionary and failure of a property owner
to rcceive a bill shall not atfect the validity of any assessment, lien or collection hereunder. Upon
payment of the charges, a release of lien suitable for recording shall be mailed by the Code
Compliance Division to the property owner or the person paying the charges.
C. A copy of the resolution of the Board of Building Commissioners confirming or
deciding any assessments shall forthwith be certified by the Code Compliance Division to the
Auditor of San Bernardino County and the assessments shall constitute special assessments against
and a lien upon the property to be entercd on the assessment roll and added to the next regular tax
bill levied against and a lien upon the property to be entered on the assessment roll and added to
the ncxt regular tax bill levied against the parcel and collected in the same manner as other
municipal taxes and subject to the same penalties and procedure under foreclosure and sale in case
of delinquency.
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SECTION 4. Section 3.68.030 of the San Bernardino Municipal Code is hereby amended to
read as follows:
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Section 3.68.030 Time which to contest assessment.
The validity of any assessment decided by the Hearing Officer and confirmed by the
Board of Building Commissioners is subject to the provisions of Chapter 1.26 of the San
Bernardino Municipal Code limiting the time in which an action may be brought.
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Me-l080
1 SECTION 5. Section 3.68.040 of the San Bernardino Municipal Code is hereby amended to read
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as follows:
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Section 3.68.040 Collections of Assessment - Penalties for Delinquency.
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The amount of the assessment upon any parcel shall be collected at the same time and in
the same manner as ordinary property taxes are collected; and shall be subject to the same penalties
and procedure under foreclosure and sale in case of delinquency. If the Hearing Officer has
determined that the assessment shall be paid in installments, each installment and any interest
thereon shall be collected in the same manner as ordinary property taxes in successive years, and
if delinquent, thc amount thereof shall be subject to the same penalties and procedure under
foreclosure and sale as provided for ordinary property taxes.
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SECTION 6. Section 3.68.050 of the San Bernardino Municipal Code is hereby amended to
read as follows:
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Section 3.68.050 Determination of Cost of Abating Nuisance Conclusive Evidence of Existence.
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The action of the Board of Building Commissioners in confirming the cost of abating such
nuisance shall be conclusive evidence that such nuisance existed, that the amount of such lien is
the actual amount expended in abating the nuisance, and that all notices were given and
proceedings duly taken as required hereunder.
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Me-l080
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 3,68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
SHIFT IN RESPONSIBILITIES FOR ASSESSING LIENS TO CODE COMPLIANCE AND
THE CITY'S HEARING OFFICER,
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by thc Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on
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thc 5th
day ofSepternber ,2000, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LIEN X
MCGINNIS X
SCHNETZ X
SUAREZ X
ANDERSON X
McCAMMACK X
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~ e-{d. /.J. ~
Rac el G. Clark, City Clerk
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The foregoing ordinance is hereby approved hi
,2000.
6th day of Sept.
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Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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By: L 7.(J~
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