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CiTY OF SAN BERtI._..RDIN~EQUEST ~ .JR COUNCIL ACTION
From: Manuel P. Moreno, Jr., Director of
Public Services
Dept: Public Services
Subject: Resolution Confirming Costs of Abatement
of Public Nuisances and Imposing Liens on
Certain Real Property.
Date: December 5, 1989
Synopsis of Previous Council action:
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Recommended motion:
Adopt Resolution
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Signature
Contact person:
Manuel P. Moreno, Jr.
Phone:
384-5045
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
Am>nrla Item No.
/1
CITY OF SAN BERh-ARDINO - REQUEST ~ jR COUNCIL ACTION
STAFF REPORT
Friday, November 3, 1989, The Board of Building Commissioners was presented
with the attached list of parcel numbers for consideration of placing liens
for unpaid weed abatement charges. The Board approved the motion.
All corrections have been made and the list is now ready for submission to
the County of San Bernardino Tax Assessor's Office.
RESOLUTION NO.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT
OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED
2 WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT
3 WHEREAS, the City of San Bernardino, pursuant to its authority under
4 Chapter 8.27 of the San Bernardino Municipal Code, did lawfully cause public
5 nuisances to be, abated on the properties described in Exhibit "A" attached to
6 and incorporate!d in this resolution; and
7 WHEREAS, notice was given to the owners of record of said properties,
8 and a hearing has heretofore been held to hear protests and assess the costs
9 of said abatemEmt before the Board of Building Commissioners.
10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
11 CITY OF SAN BEHNARDINO AS FOLLOWS:
12
SECTION 1.
Said costs are found to have been incurred by the City
13 pursuant to proceedings under the San Bernardino Municipal Code, and the
14 final statement of costs on file with the City Clerk is hereby confirmed and
15 adopted as spE!cial assessments against the properties listed in Exhibit "A"
16 hereto.
17 SECTION 2. If said sum is not fully paid to the City Clerk, City Hall,
18 San Bernardino, within five (5) days after mailing a notice to the person or
19 persons havinq an interest in said property informing said person or persons
20 of the adopti.on of this resolution as to any such individual parcel, then
21 said sum shall be and become a lien on said property pursuant to said
22 Municipal Code provisions and applicable laws and shall be collected as a
23 special assessment thereon.
24 SECTION 3. In the event any sum is not paid as hereinabove provided,
25 the City Clerk is hereby directed to file a certified copy of this
26 resolution, including Exhibit "A" showing such sums as remain unpaid, with
27 the Recorder and the Auditor of the County of San Bernardino, State of
28 California, directing that each sum be entered as a lien charged against the
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1 property as it appears on the current assessment rolls, to be collected at
2 the said time and in the same manner, subject to the same penalties and
3 interest upon delinquencies, as the general taxes for the City of San
4 Bernardino are collected.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
6 Mayor and common council of the City of San Bernardino at a regular meeting
7 thereof, held on the
8 vote, to wit:
9
10
th day of
, 1990, by the following
AYES:
Council Members
11 NAYS:
12 ABSENT:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
City Clerk
The foregoing resolution is hereby approved this
th day of
, 1990
By:
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
}
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11-29-89
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ORDER NO. 1315
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN
BERNARDINO ASSESSING COSTS OF ABATEMENT OF PUBLIC NUISANCE.
2
3 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 8, Chapter
4 8.27, the Director of Public Services of the City of San Bernardino has given
5 notice of and thereafter abated a public nuisance found to exist on the
6 properties described in Exhibit "A" attached to and hereby incorporated in
7 this order; and
8 WHEREAS, pursuant to San Bernardino Municipal Code, the Director of
9 Public Services served notice to all property owners listed in Exhibit "A",
10 of the hearing before the Board of Building Commissioners of the City of San
11 Bernardino relating to abatement costs to be assessed the owners and their
12 right to appear at said hearing and protest the assessments; and
13 WHEREAS, every property owner against whom an assessment has been
14 proposed has been afforded an opportunity to be heard by the Board of
15 Building Commissioners heretofore;
16 NOW, THEREFORE, THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN
17 BERNARDINO ORDERS THE FOLLOWING:
18 1. Based upon the evidence submitted by the Director of Public Servies
19 or his representative, it is found and determined that the properties
20 described in Exhibit "A", constituted a public nuisance which had to be
21 abated by the City at the costs stated in Exhibit "A".
22 2. These costs should be assessed in the amounts set forth in Exhibit
23 "A" against the respective properties and may be made a personal obligation
24 of the property owner by commencement of court proceedings against the owner.
25 3. Any person aggrieved by this order may appeal to the Common Council
26 by filing with the City Clerk a written statement of the order appealed from,
27 the specific ground of appeal and the relief or action sought from the Common
28 Council pursuant to the San Bernardino Municipal Code.
5
6
7
8
9
10
11
12
1 I HEREBY CERTIFY THAT THE FOREGOING ORDER WAS DULY ADOPTED BY THE Board
2 of Building Corrunissioners of the City of San Bernardino at a
3 regular meeting therof, held on the 3rd day of November
, 1989, by
4 the following vote, to wit:
AYES:
Corrunissioners Lord, Westwood, Ponder,
Pollack, Gonzales, Flores, pensiero
NAYS:
None
ABSENT :
None
CLERK, BOARD OF BUILDING COMMISSIONERS
The
foregoing
order
is
hereby approved this
3rd
day
13 November
, 1989.
14
15
16 Approved as to form
and legal content:
17
18
19
20
21
22
23
24
25
26
JAMES F. PENMAN,
City Attorney
By,j}k..:.:...f"/1' ( '"' ,A'-''''-
L-/"
27 10-05-89
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