HomeMy WebLinkAboutS01-City Attorney
. CITY OF SAN BER~DINO -
REQUEST "R COUNCIL ACTION
. F rorn.:rA."lES F. PENMAN
DarTY ATI'ORNEY
Date: 3/6/91
Subject:AN ORDINAN:E OF THE CITY OF SAN BERNARDroo
ADDING SEcrION 5.04.526 TO THE SAN
BERNARDINO MUNICIPAL CODE REIATING TO
BUSINESS LICENSE FEES IN AREI\S OF HIGH
CRIME INCIDENCE.
Synopsis of Previous Council action:
NOOE.
Recommended motion:
WAIVE FURl'HER READING AND LAYOVER FOR ADOPl'ION.
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Signature
Contact person:
DENNIS A. J3Il.RI.ai
Phone:
384-5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
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75-0262
Agenda I tem No. < c;-(
. CITY OF SAN BERNffDINO - REQUEST Ftr COUNCIL ACTION
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75-0264
STAFF REPORT
City Staff has found that the so called Arden/Guthrie area
has demanded significantly more City services than other areas of
the Ci ty. Thi s is an area made up of residential four-plexes
which over the years has been allowed to deteriorate to a point
that it is dangerous for both residents and visitors. The area
has been the scene of increased incidents of robberies, murders,
attempted murders, drug trafficking and significant gang
activity. All of this has resulted in numerous pOlice responses
at a much higher rate than other areas of the City. The City has
also expended significant time, effort and resources in
inspecting, closing and boarding up numerous buildings with
health and safety violations where it is unsafe for the occupants
to continue to reside there. The residents of this area must not
be continually subjected to this type of an environment, but also
the taxpayers of the City at large should not be expected to
shoulder the financial cost resulting from property owners
failing to care for their property.
As a result the proposed ordinance would increase the
business license tax on these buildings by $1,000 per year to
offset a portion of the increased City costs in this area.
However, if the property owners wish to work together to mitigate
the adverse conditions in the area, the City would not impose the
tax increase. This cooperative effort would be by way of a
homeowners association and Conditions, Covenants and Restrictions
recorded against the property to provide for increased
maintenance and security responsibilities. These
responsibilities would be enforced by the homeowners association
and/or the City.
This, coupled with the other actions of the City, is a step
toward helping the residents of the area reassume control over
their neighborhoods and allowing the citizens of this City the
security and dignity which they deserve.
It is recommended that the reading of the ordinance be
waived and that it be laid over for final adoption.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
5.04.526 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
BUSINESS LICENSE FEES I~ AREAS OF HIGH CRIME INCIDENCE.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Section 5.04.526 is hereby added to the San
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Bernardino Municipal Code to read as follows:
5.04.526 Increased costs of Municipal Services.
A. The Mayor and Common Council do hereby find and
determine that in the area described in Subsection E, there
is a concentration of multi family residential housing with
an excessively high crime rate including robberies,
shootings, murders, attempted murders, gang activity, and
drug dealings, resulting in a higher than usual demand for
pOlice services, and a high concentration of blight,
resulting in a higher than usual need for code enforcement,
parking control, and other City services related to blight
reduction.
B. In the area described in Subsection E it is hereby
determined that the excessive demand of City services is a
cost that should not be borne by the general tax payers of
the City, but should be the responsibility of those most
directly involved who are responsible for the condition
allowing such circumstances to exist and have the best
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opportunity to alleviate the problem.
C. The Mayor and Common Council do hereby further find and
determine that the existence of an effective homeowner's
association tends to mitigate and reduce the existence of
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DAB/ses/Crime.ord
March 6, 1991
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the types of crime and blight described in subsection A due
to being closer to the situation and directly involved
with the people who are affected by the adverse affects of
crime and blight, and are the recipients of improvements in
such situations, and due to the fact that those who own or
reside in residential property have a greater incentive to
care for that property and to make it a safe environment in
which to live.
D. Therefore in the area described in Subsection E the
Business License Tax imposed on the operation of rental
properties pursuant to San Bernardino Municipal Code
Section 5.04.525.F shall be increased by the amount of
$1,000, annually.
Provided however, if the owner of such
rental property joins an area wide homeowners association
approved by the City Attorney and records Conditions,
Covenants and Restrictions against the property, also as
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approved by the ~itx A~~orney, the amount as added by this
section shall no longer apply.
Such Conditions, Covenants
and Restrictions shall relate to maintenance and
landscaping standards, parking restrictions, security
measures and the right of the homeowners association, or if
such association fails to do so, of the City to enforce
such conditions by means of ~ntry, summary abatement, lien
and legal action.
E. The property to which this section shall apply is
described as follows:
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DAB/ses/Crime.ord
March 6, 1991
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AN ORDINANCE...ADDING SECTION 5.04.526...
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That portion of the City of San Bernardino
3 bounded on the North by Highland Avenue, on
4 the East by Arden Avenue, on the South by
5 the alley directly South of Roca Street and
6 on the West by Guthrie Street.
7 I HEREBY CERTIFY that the foregoing ordinance was duly
8 adopted by the Mayor and Common Council of the City of San
9 Bernardino at a meeting thereof, held on the
10 day of , 1991, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
12 ESTRADA
13 REILLY
14 FLORES
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MAUDSLEY
16 MINOR
17 POPE-LUDLAM
18 MILLER
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City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1991.
W. R. Holcomb, Mayor
24 City of San Bernardino
Approved as to form
25 and legal content:
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JAMES F. PENMAN,
City Attorney ~
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By:
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D I es/Crime.ord
Ma. ch 6, 1991