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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: .lames F. Penman, City Attorney
Depl: City Attorney
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Subject: Ordinance ofthe City of San Bernardino
Amending Chapter 3.68 of the San Bernardino
Municipal Code to shift the assessment oflien
responsibilities to Code Compliance and the
City's Hearing Officer.
Date: .luly 20, 2000
Synopsis of Previous Council action:
For 3.68.010: Ord. MC-800, 7-1-91; Ord. MC-237, 12-20-82; Ord. MC-176, 7-6-82
For 3.68.015: Ord. MC-777, 4-1-91
For 3.68.020: Ord. MC-204, 9-7-82; Ord. MC-176, 7-6-82
For 3.68.030: Ord. MC-176, 7-6-82
For 3.68.040: Ord. MC-176, 7-6-82
For 3.68.050: Ord. MC-176, 7-6-82
Recommended motion:
That said ordinance be laid over for final adoption.
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Sign re
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Contact person: Suzanne Brvant
Phone:
5355
Supporting dala attached: Staff Report
Ward:
ALL
FUNDING REQUIREMENTS:
Amount:
NONE
Source: (Ace!. No.)
(Ace!. Description)
Finance:
2' :II:>
Council Notes: !'?-<7UI e<>sc1x/;1I/oc, '-'6
7:,.(}262
Agenda He
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STAFF REPORT
Council Meeting Date: August 21, 2000
TO:
FROM:
DATE:
AGENDA:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
July 20, 2000
August 21, 2000
Ordinance of the City of San Bernardino Amending Chapter 3.68
of the San Bernardino Municipal Code to shift the assessment of lien
responsibilities to Code Compliance and the City's Hearing Officer.
Recently, the lien process was transferred from the City Clerk's office to the Code
Compliance Division. The following proposed amended chapter 3.68 of the Municipal Code will
reflect the current procedures now being used to impose and assess liens for nuisance
abatements.
Currently, Municipal Code chapter 3.68 places the responsibility of imposing assessments
for nuisance abatements with the Board of Building Commissioners. The attached amended
chapter shifts this responsibility to the Hearing Officer. The Board of Building Commissioners
will then have the duty of confirming by resolution the assessments instead of the Mayor and
Common Council. After the Board of Building Commissioners confirms the assessment, the
Code Compliance Division will record the lien with the Recorder of San Bernardino County.
Currently, the City Clerk has been recording the liens with the County Recorder.
The proposed amendments reflect the current process for assessment and recordation of
liens and gives the Code Compliance Division more control over the administration of costs it
incurs abating a nuisance and centralizes the process resulting in gained efficiency. Furthermore,
the Account Clerk in the City Clerk's Office Administrative Division who had been
administering the lien program and processing all liens assessed on unpaid costs for abatements
has retired and the duties have been transferred to the Code Compliance Division's Account
Clerk.
The following proposed changes to Municipal Code chapter 3.68 meets three goals: (I)
placing the duty of assessing abatement costs with the Hearing Officer; (2) placing the
assessment confirmation process with the Board of Building Commissioners; and (3) placing the
processing of the liens with the Code Compliance Division instead of with the City Clerk's
office.
It is therefore recommended that the attached amended chapter 3.68 be adopted.
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ORDINANCE NO.
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C 2
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 3.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
4 SHIFT IN RESPONSIBILITIES FOR ASSESSING LIENS TO CODE COMPLIANCE AND
THE CITY'S HEARING OFFICER.
\...
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6 THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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8 SECT! ON 1. Section 3.68.0 I 0 of the San Bernardino Municipal Code is hereby amended
to read as follows:
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Section 3.68.010 Notice of Hearing of Assessments.
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A. Whenever, pursuant to any state statute or City ordinance, it is provided that costs
incurred in the abatement of any nuisance may be assessed as a charge against the real property
which is the subject of the nuisance abatement, the City official, hearing officer, board or
commission ordering the abatement shall file a notice and itemization of the charges, declared to
be true and correct, to be assessed against each specific parcel with the Hearing Officer of the City
of San Bernardino. The notice shall identify the property to be assessed by the street designation
and assessor's parcel number and shall name the owners and encumbrancers as ascertained from
the latest title records or other sources.
B. A bill for the costs shall be mailed to the property owner of record at the address
shown on the current assessment roll and any other address shown in City records and to the holder
of any recorded interest, whose address may be ascertained from title records, or is otherwise
known to the Code Compliance Division, with a notice of the time and date on which the Hearing
Officer will hold a hearing to hear and decide any objections to the assessment. Notice shall be
given at least ten days prior to the hearing and shall specify that objections may be presented at the
hearing or filed in writing five days in advance of the hearing.
C. At the hearing, based upon the evidence presented, the Hearing Officer shall
determine the amount to be assessed against any parcel and the time of payment. Any payment not
paid when due or paid in installments as may be allowed by the Code Compliance Division shall
bear interest at the rate of twelve percent (12%) per annum. The decision of the Hearing Officer
shall be final, subject to appeal to the Board of Building Commissioners in accordance with
Chapter 2.64.
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1 SECTION 2. Section 3.68.015 of the San Bernardino Municipal Code is hereby amended to read
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as follows:
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Section 3.68.015 Costs of Abatement.
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A. Whenever. pursuant to any state statute or City ordinance. it is provided that costs
incurred in the abatement of any nuisance may be assessed as a charge against the real property
which is the subject of the nuisance abatement, the City official. hearing officer, board or
commission ordering the abatement shall file a notice and itemization of the charges. declared to
be true and correct. to be assessed against each specific parcel with the Hearing Officer of the City
of San Bernardino. The notice shall identify the property to be assessed by the street designation
and assessor's parcel number and shall name the owners and encumbrancers as ascertained from
the latest title records or other sources.
B. A bill for the costs shall be mailed to the property owner of record at the address
shown on the current assessment roll and any other address shown in City records and to the holder
of any recorded interest. whose address may be ascertained from title records, or is otherwise
known to the Hearing Officer, with a notice of the time and date on which the Hearing Officer will
hold a hearing to hear and decide any objections to the assessment. Notice shall be given at least
ten days prior to the hearing and shall specify that objections may be presented at the hearing or
filed in writing five days in advance of the hearing.
C. At the hearing. based upon the evidence presented, the Hearing Officer shall
determine the amount to be assessed against any parcel and the time of payment. Any payment not
paid when due or paid in installments as may be allowed by the Hearing Officer shall bear interest
at the rate of twelve percent (12%) per annum. The decision of the Hearing Officer shall be final,
subject to appeal to the Board of Building Commissioners in accordance with Chapter 2.64.
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SECTION 3. Section 3.68:020 of the San Bernardino Municipal Code is hereby amended to read
as follows:
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Section 3.68.020 Confirmation of Assessments by Board of Building Commissioners. Recordation
of Tax Lien and Collection thereof.
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A. A notice of the decision by the Hearing Officer of assessments to be charged shall
be filed with the Code Compliance Division, who shall place the notice on the agenda of the Board
of Building Commissioners for confirmation by resolution.
B. After confirmation of the assessments by the Board of Building Commissioners
or upon decision of the Board of Building Commissioners of an appeal, a notice of lien for the
amounts determined to be owed for abatement shall be recorded with the Recorder of San
Bernardino County by the Code Compliance Division. The City may additionally directly bill the
owner for payment. The direct billing procedure is discretionary and failure of a property owner
to receive a bill shall not affect the validity of any assessment, lien or collection hereunder. Upon
payment of the charges, a release of lien suitable for recording shall be mailed by the Code
Compliance Division to the property owner or the person paying the charges.
C. A copy of the resolution of the Board of Building Commissioners confirming or
deciding any assessments shall forthwith be certified by the Code Compliance Division to the
Auditor of San Bernardino County and the assessments shall constitute special assessments against
and a lien upon the property to be entered on the assessment roll and added to the next regular tax
bill levied against and a lien upon the property to be entered on the assessment roll and added to
the next regular tax bill levied against the parcel and collected in the same manner as other
municipal taxes and subject to the same penalties and procedure under foreclosure and sale in case
of delinquency.
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22 SECTION 4. Section 3.68.030 of the San Bernardino Municipal Code is hereby amended to
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read as fol[ows:
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Section 3.68.030 Time which to contest assessment.
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The validity of any as'sessment decided by the Hearing Officer and confirmed by the
Board of Building Commissioners is subject to the provisions of Chapter 1.26 of the San
Bernardino Municipal Code limiting the time in which an action may be brought.
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1 SECTION 5. Section 3.68.040 of the San Bernardino Municipal Code is hereby amended to read
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as fol[ows:
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Section 3.68.040 Collections of Assessment - Penalties for Delinquency.
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The amount of the assessment upon any parcel shall be collected at the same time and in
the same manner as ordinary property taxes are collected; and shall be subject to the same penalties
and procedure under foreclosure and sale in case of delinquency. If the Hearing Officer has
determined that the assessment shall be paid in installments, each installment and any interest
thereon shall be collected in the same manner as ordinary property taxes in successive years, and
if delinquent, the amount thereof shall be subject to the same penalties and procedure under
foreclosure and sale as provided for ordinary property taxes.
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SECTION 6. Section 3.68.050 of the San Bernardino Municipal Code is hereby amended to
read as follows:
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Section 3.68.050 Determination of Cost of Abating Nuisance Conclusive Evidence of Existence.
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The action of the Board of Building Commissioners in confirming the cost of abating such
nuisance shall be conclusive evidence that such nuisance existed, that the amount of such lien is
the actual amount expended in abating the nuisance, and that all notices were given and
proceedings duly taken as required hereunder.
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1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 3.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE
SHIFT IN RESPONSIBILITIES FOR ASSESSING LIENS TO CODE COMPLIANCE AND
THE CITY'S HEARING OFFICER.
2
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a
meeting thereof, held on
7
the
, 2000, by the following vote, to wit:
day of
8
9
COUNCIL MEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
AYES
NAYS
ABSTAIN
ABSENT
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11
12
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SUAREZ
15
ANDERSON
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McCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing ordinance is hereby approved this
,2000.
day of
21
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to
form and legal content:
.lAMES F. PENMAN,
City Attorney
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AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: 9-5-00 Item No. /0
Resolution/Ordinance No. /J1C -Ioiro Ordinance Urgency: Yes
Effective Date: / () _or;, - 00 Termination/Sunset Date:
Ayes: 2.:5 ~ S CS "1
, / /
Abstain; -e--
Date Sent to Mayor: 9 / ~ 'f:;!
Date of Mayor's Signature: I ~ ~ () t)
Date Summary Sent to Attorney: 9/(;, I () "
Date Published: q - /3 - 0 [) "
Meeting Type: 9~ ~.--.J
Continued FromfTo & Item No.
GJ
A.-lo
Nays:
Absent:
-8'-
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Vote:
Date Returned from Mayor: 9.{..& Ltl tJ
Date of Clerk's Signature: 0/->10 tJ
Date Summary Returned from Attorney:
q.f(-OO .0. n--,
V
Date Seal Impressed:
q- 7-0 ()
Date Sent for Signature:
Expiration Date:
Copies Distributed To'
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Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: ~J~ /~~ - ~ <=tit /O{) tJ.J
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No
Ready to File:
Date:
DOCUMfNT lOCATIOJtrt:
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