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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Attorney
Co,. . ., iL
Subject: ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 1.12.010
OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO RECOVERING RESTITUTION
IN CRIMINAL PROSECUTIONS.
From: James F. Penman, City Attorney
Date: May 13, 2002
Synopsis of Previous Council action:
Ord. MC-609, 9-21-87; Ord. MC-455, 5-13-85; Ord. 2673 S2, 1965.
Recommended motion:
That said ordinance be laid over for final adoption.
Contact person:
James F. Penman
r.1e
Signature
Phone:
5355
Supporting data attached: Staff Report
Ward: ALL
FUNDING REQUIREMENTS:
Amount: NONE
Source: (Acct. No.)
fAcet. Description)
Finance:
Council Notes:
75.0262
Agenda Iten
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11'\& lIdS"
STAFF REPORT
Council Meeting Date: May 20, 2002
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
May 13, 2002
May 20, 2002
Currently under San Bernardino Municipal Code SI5.24.060(C) the City is able to
recover its costs for prosecuting violations of Chapter 15.24 (property maintenance). This
ordinance will add a subsection C to S 1.12.010 that allows the City to recover its costs for
prosecuting, investigating and analyzing violations of the San Bernardino Municipal Code and
the Charter. By adding this language to S 1.12.010 the City will be authorized to recover its costs
for prosecuting all violations of the San Bernardino Municipal Code and the Charter, rather than
for just those violations of Chapter 15.24.
On May 13, 2002 the Legislative unanimously approved this item and recommended that
it be put on the May 20, 2002 agenda for first reading.
;
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney
Subject: ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 1.12.010
OF THE SAN BERNARDINO MUNICIPAL
CODE RELATING TO RECOVERING RESTITUTION
IN CRIMINAL PROSECUTIONS.
Dept: City Attorney
Date: May 13, 2002
Synopsis of Previous Council action:
Ord. MC-609, 9-21-87; Ord. MC-455, 5-13-85; Ord. 267392,1965.
Recommended motion:
That said ordinance be laid over for final adoption.
/L,~,
~1
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1 .!
-:9- .Ic:~:,z~-lo-y~;l-.
Signature
Contact person:
James F. Penman
Phone:
5355
Supporting data attached: Staff Report
Ward: ALL
FUNDING REQUIREMENTS:
Amount: NONE
Source: fAcct. No.)
f Acct. Description)
Finance:
Council Notes:
75.0262
Agenda Item No. .:t3
.Tju; /Dd'
STAFF REPORT
Council Meeting Date: May 20, 2002
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
May 13, 2002
May 20, 2002
Currently under San Bernardino Municipal Code S 15.24.060(C) the City is able to
recover its costs for prosecuting violations of Chapter 15.24 (property maintenance). This
ordinance will add a subsection C to S1.12.010 that allows the City to recover its costs for
prosecuting, investigating and analyzing violations of the San Bernardino Municipal Code and
the Charter. By adding this language to S 1.12.010 the City will be authorized to recover its costs
for prosecuting all violations of the San Bernardino Municipal Code and the Charter, rather than
for just those violations of Chapter 15.24.
On May 13,2002 the Legislative unanimously approved this item and recommended that
it be put on the May 20, 2002 agenda for first reading.
1
ORDINANCE NO.
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
3 1.12.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
RECOVERING RESTITUTION IN CRIMINAL PROSECUTIONS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. San Bernardino Municipal Code Section 1.12.010 is amended, by adding
subsection C, to read in its entirety as follows:
7
A. The punishment of any offense declared to be a misdemeanor or declared to be
8 unlawful with no designation as to the nature of the offense by the Charter or an ordinance, except
in cases where a different offense or a different punishment is prescribed by ordinance or any
9 applicable law of this state, is imprisonment in the county jail not exceeding six months, or a fine
not exceeding one thousand dollars, or both such imprisonment and fine.
10
B. The punishment for any offense declared to be an infraction by the Charter or an
11 ordinance, excepting places where a different offense or a different punishment is prescribed by
ordinance or any applicable law of this state, is a fine not exceeding one hundred dollars for a first
12 violation; a fine not exceeding two hundred dollars for a second violation thereof within one year;
and a fine not exceeding five hundred dollars for each additional violation thereof within one year.
13 Upon conviction of a fourth violation thereof within one year, the violator is guilty of a
misdemeanor, which upon conviction thereof is punishable as in subsection A.
14
C. Payment of any fine or service of a jail sentence herein provided shall not relieve
15 a person, firm, partnership, corporation, or other entity from the responsibility of correcting any
condition, resulting from the violation. In addition to the above penalties the Court may order that
16 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 such
17 reimbursement upon submission of proof of such costs by the City.
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1
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
1.12.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 RECOVERING RESTITUTION IN CRIMINAL PROSECUTIONS.
3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a regular meeting thereof, held on
5 the 20th day of May, 2002, by the following vote, to wit:
6
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
7 ESTRADA
8 LIEN
9 MCGINNIS
10 DERRY
11 SUAREZ
12 ANDERSON
13 MCCAMMACK
14
15
Rachel G. Clark, City Clerk
16
17
The foregoing ordinance is hereby approved this _ day of
,2002.
18
19
20
JUDITH V ALLES, Mayor
21 City of San Bernardino
22 Approved as to
form and legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
By: Q71-' ."; .:;
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AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: W3/ 0 )..----- Item No. Cj
Resolu on/Ordinance No ~ C - I(.;!"- Ordinance Urgency: Yes
Effective ~I r;./ 0 L- TerminationJSunset Date:
Vote: Ayes: II .~ S; S 7 Nays: 17-
Abstain: -R- Absent: ~ t(
"''' 5<,no -" ~/ t/l r d." "'"mod from M_ w. ~
Date of Mayor's Signature: it, ~ 0""'" Date of Clerk's Signature: ~I '110')....--
Date Summary Sent to Attorney:' II/Ii 2-- Date Summary Returned from Attorney:
Date Published: ~o~
Meeting TYpe:""-C) I. 1-"'_ J Date Seal Impressed: t;/)I 0 z..---
Continued Fromlfo & Item No.
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Date Sent for Signature: To Whom:
Expiration Date: ./ ./ Date Retur~ .......---
C"';"O;.,;b....To ~ ::t~~!~ ~.
(O~ OJ'" ~_ _ _r=-__ (3)
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: if~~~ 1!dL-- - Vf~
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No
Ready to File:
Date:
EXX:UMENT lCJCAOON::
fOIlMSfAaMda IIem Tradcifts Fomt.cc forni No. 111.LIsC U)ldaIed: lW411996