HomeMy WebLinkAbout23-City Attorney
,.CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Erom: James F. Penman, City Attorney
Subject: AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION
15.24.060 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO
ENFORCEMENT-PENALTY
Dept: City Attorney
Date: September 1,1998
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Synopsis of Previous Council action:
Passage of Ordinance MC-619 on September 18,1989.
Recommended motion:
That said ordinance be laid over for final adoption.
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Signature
Contact person: Jolena E. Barnes. Deputy Citv Attorney
Phone:
5355
Supporting data attached: Staff ReDort
Ward: All
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75.0262
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Agenda Item No. .<3'
STAFF REPORT
Council Meeting Date: September 8,1998
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
September 1, 1998
September 8, 1998
Currently, San Bernardino Municipal Code Section 15.24.060 allows the city to enforce
violations for property maintenance through a criminal citation process. The proposed
amendment allows the city to also enforce violations alternatively via the civil court and
administrative hearing forums. Furthermore, the proposed amendment enables the Court to order
reimbursement to the City for its administrative costs and fees incurred in prosecuting
enforcement ofthis Chapter.
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ORDINANCE NO.
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3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
4 ENFORCEMENT-PENALTY
5 SECTION 1. SECTION 15.24.060 IS HEREBY AMENDED TO READ AS
FOLLOWS:
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15.24.060 Enforcement-Penalty.
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A. 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.
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B. Any person who violates or causes
the violation of any provision of the
Chapter shall be deemed guilty of an
infraction, which upon conviction
thereof is punishable in accordance
with the provisions of Section 1.12.010
of this Code.
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C. Payment of any fine or service of
a jail sentence herein provided shall
not relieve a person, 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 of its 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.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 ENFORCEMENT-PENALTY
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
the _ day of _, 1998, by the following vote, to wit:
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COUNCIL MEMBERS:
ESTRADA
LIEN
ARIAS
SCHNETZ
DEVLIN
ANDERSON
MILLER
AYES
NAYS
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meeting thereof, held on
ABSTAIN ABSENT
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Rachel G. Clark, City Clerk
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The foregoing ordinance is hereby approved this _ day of
,1998.
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JUDITH V ALLES, Mayor
City of San Bernardino
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Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
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/J.,
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