HomeMy WebLinkAbout25-Building & Safety
t:lk' OF SAN BERNARDUO - REQUOT FOR COUNCIL AC-)ON
From: JOHN E. TUCKER, DIRECTOR
Dept: BUILDING AND SAFETY
Date: JULY 22, 1987
REC'D.-ADM~~;. CITATION POWER FOR CODE COMPLIANCE
OFFICERS
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Synopsis of Previous Council action:
Chapter 9.90 has been adopted through various ordinances authorizes various
"non-peace officers" the authority to arrest and/or issue notices to appear
for violations of the Municipal Code.
Recommended motion:
That further reaning of said ordinance be waived and laid over for
final passage.
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! Signature
Contact person: Loren McQueen/Hohn E. Tucker
Phone:
384 5274
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
Finance:
Council Notes:
75-0262
Agenda Item NO~~ .
. \:I~' OF SAN BERNARDCo - REQULJr FOR COUNCIL AC\.ON
STAFF REPORT
In our review of ordinances empowering Code Compliance Officers to issue
citations (a not uncommon occurance) we found that the specific power to
perform that function was missing from the Municipal Code. The proposed
change in 9.90.010 of the code would correct that oversight.
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75-0264 1-:2~ -JJ7
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ORD I NANCE NO.
2
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
9.90.010 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO
3 AUTHOR I ZE THE DIRECTOR OF BUILDING AND SAFETY AND CODE COMPLIANCE
4 OFFICERS TO ISSUE NOTICES TO APPEAR FOR VIOLATION OF THE SAN
BERNARDINO MUNICIPAL CODE AND ALL OTHER CODES INCORPORATED
THEREIN BY REFERENCE.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7
SECTION 1. Section 9.90.010 Subsection (A) of the San
8 Bernardino Municipal Code is amended to read:
9
10
"9.90.010 Arrest - Citation.
A.
Pursuant to Sections 836.5, 853.5, and 853.6 of the
11 California Penal Code, the employees as listed in each subsection
12 herein are authorized and empowered to arrest and issue notices
13 to appear for violations of the provisions of the San Bernardino
14 Municipal Code as hereinafter set forth:
15
1. Security guard personnel, who shall be off duty
16 or retired police officers or reserve pOlice officers, employed
17 by the Redevelopment Agency of the City of San Bernardino
18 pursuant to an agreement between said Agency and the City,
19 relating to a security guard program, are authorized and
20 empowered to arrest and issue notices to appear for violations of
21
the provisions of Chapters 5.04, 8.15, 9.48, 12.44, and Sections
22
9.12.030 and 10.16.210 for incidents arising in the Central City
23 Mall and pUblic areas in, adjacent to, or immediately surrounding
24 said mall.
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2. Police Assistants are authorized and empowered to
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arrest and issue notices to appear for violations of the
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provisions of this Code.
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1 3. The Planning Director, Principal Planners, Senior
2 Planners, Associate Planners, Assistant Planners and Planning
3 Aides are authorized and empowered to arrest and issue notices to
4 appear for violations of 'the provisions of Titles 18 and 19 of
5 this Code and for vi~lations of Chapters 8.15, 8.18, 8.21, 8.24,
6 8.27, 8.33, 8.36, 10.16, and 15.52 of this Code.
7 4. The Director of Water Reclamation, Environmental
8 Control Officer, and Environmental Control Technicians are
9 authorized and empowered to arrest and issue notices to appear
10 for violations of Chapter 13.32 of this code.
11 5. The Director of Building and Safety and Code
12 Compliance Officers are authorized and empowered to arrest and
13 issue notices to appear for violations of the San Bernardino
14 Municipal Code and all other codes incorporated herein by
15 reference. n
16 I HEREBY CERTIFY that the foregoing ordinance was duly
17 adopted by Mayor and Common Council of the City of San Bernardino
meeting thereof, held on the day of
, 1987, by the following vote, to wit:
18 at a
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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2 The foregoing ordinance is hereby approved this
3 day of , 1987.
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Approved as to form and
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content:
Mayor of the City of San Bernardino
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