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. CIl'--_" OF SAN BER.c;';\RDINO - REQUI€l1 <:)oR COUNCIL ACTION
From: James E. Robbins
Deputy City Administrator
Dept: City Administrator
Date: August 15. 1989
Su~~: Ordinance assigning the
responsibility for abatement of
nuisances to the Director of
Public Services or the Director
of Building and Safety.
Synopsis of Previous Council action:
Recommended motion:
That further reading of the ordinance be waived and said ordinance
be laid over for final passage.
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Signature
Contact person:
James E. Robbins
Phone:
5122
Supporting data attached:
Staff report
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
IAcct. DescriPtion)
Finance:
Council Notes:
75.0262
Aqenda I tem No. - ~ 1l'
'cln" OF SAN BERrQRDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
This proposed ordinance assigns the responsibility for abatement of
nuisances to the Director of Public Services or the Director of
Building and Safety and makes one clarification.
In establishing the Code Compliance section in the Building and
Safety Department, the responsibility for abating nuisances was
transferred to Building and Safety. However, on occasion the Director
of Public Services is called to do abatements.
The ordinance which provides for abatement indicated the Director of
Public Services was responsible. This proposed change brings the
ordinance into consistency with the actual practice.
The language clarification adds the words "and/or contents" to
Section 15.28.120 to describe the materials in the building. This
clarifies the terms to remove any question regarding the contents
being included.
It is respectfully recommended that the proposed ordinance be given
a first reading and laid over for final reading.
75-0264
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ORDINANCE
5 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
15.28.100, 15.28.110, AND 15.28.120 TO THE SAN BERNARDINO
6 MUNICIPAL CODE RELATING TO ASSIGNING THE RESPONSIBILITY FOR
ABATEMENT OF NUISANCES TO THE DIRECTOR OF PUBLIC SERVICES OR
7 THE DIRECTOR OF BUILDING AND SAFETY.
8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1: Section 15.28.100 is hereby amended to read as
10 follows:
11 15.28.100 Action of the Director of Public Services or the
Director of Building and Safety in case of failure to abate
12 nuisance.
13 In the event the nuisance is not abated by the owner within the
14 time prescribed, the Director of Public Services or the Director
15 of Building and Safety is authorized to raze, demolish and
16 remove the building or to designate an independent contractor
17 to raze, demolish and remove such building.
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19 SECTION 2: Section 15.28.110 is hereby amended to read as
follows:
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15.28.110 Itemized statement of expenses.
The Director of Public Services or the Director of Building and
Safety shall maintain and keep an itemized statement of all
expenses involved in the razing, demolishing and removing of
such building and related administrative, incidental and
overhead expenses of the City including, but not limited to,
the costs of inspections of the property, engineering reviews
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I and studies, costs of acquiring title information, costs of
2 appraisals or expert opinions on razing or salvaging buildings
3 and structures, and items of expense required to prepare the
4 matter for hearing, whether or not such hearing is held. The
5 Director of Public Services or the Director of Building and
6 Safety shall forthwith initiate proceedings under Chapter 3.68
and collection of the assessment for costs of
Section 15.28.120 is hereby amended to read as
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15.28.120 Noncompliance with order of Board.
If the order of the Board to reconstruct, repair, raze or
demolish has not been complied with within the time set by
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the Board, the materials and/or contents of any such building
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or structure may be sold after notice in any manner which the
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Director of Public Services or the Director of Building and
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Safety may determine to be reasonable, provided, that such sale
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shall be made upon condition that the wreckage and proceeds from
the sale of such building or structure and its materials and/or
contents shall first be used to pay and/or reduce all costs
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incurred by the City as set forth hereinabove, and thereafter,
any sur.plus of moneys remaining, if any, after the satisfaction
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of all of the costs, shall be distributed to the parties lawfully
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entitled thereto.
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1 I HEREBY CERTIFY that the foregoing amended ordinance was
2 duly adopted by the Mayor and Common Council of the City of
3 San Bernardino at a
meeting thereof,
4 held on the
day of
, 1989, by the
5 following vote, to wit:
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7 AYES: Council Members
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9 NAYES:
10 ABSENT:
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28 JER/dm
08/16/89
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1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
15.28.100, 15.28.110, and 15.28.120 TO THE SAN BERNARDINO
2 MUNICIPAL CODE RELATING TO ASSIGNING THE RESPONSIBILITY FOR
ABATEMENT OF NUISANCES TO THE DIRECTOR OF PUBLIC SERVICES OR
3 THE DIRECTOR OF BUILDING AND SAFETY.
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City Clerk
The foregoing ordi~ is hereby approved this
day
of
, 1989.
W. R. "Bob" Holcomb, Mayor
City of San Bernardino
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Approved as to form
18 and legal content:
19 JAMES F. PENMAN,
20 City Attorney
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By: !r~"
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28 JER/dIil
08/16/89