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HomeMy WebLinkAbout12-City Attorney CFfY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION . ORlQ//./AL Subject: Resolution of the City of San Bernardino to shift the responsibility of collecting administrative fees for costs incurred on abatements of private property, buildings, abandoned vehicles and weeds from the City Clerk and placing the responsibility of collecting said administrative fees with the Code Compliance Division. From: .lames F. Penman, City Attorney Dept: City Attorney Date: September II, 2000 Synopsis of Previous Council action: Resolution Number 96-189, 7-1-96. Recommended motion: That said Resolution be adopted. ~ f.f~ Signature Contact person: Suzanne Brvant Phone: 5355 Supporting data attached: Staff Report Ward: ALL HJNDING REQUIREMENTS: Amount: NONE Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 7~-(J262 Agenda Item No. IJ.- 9/ltjfJO SM l3/tom[Rcscctoc.rca] STAFF REPORT Council Meeting Date: September 18, 2000 TO: FROM: DATE: AGENDA: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney September 11, 2000 September 18, 2000 Resolution of the City of San Bernardino Amending Resolution 96- 189 to shift the collection of administrative fees from the City Clerk's Office Administrative Division to the Code Compliance Division. Due to the shift in duties in confirming assessments and recording liens in the proposed amended chapter 3.68, Resolution 96-189 must be amended to reflect the shift in duties. The proposed Resolution will shift the current administrative duties from the City Clerk to the Code Compliance Division. The amounts charged in each section do not change. It is therefore recommended that the attached resolution be adopted. SMIJ/lomlrcs36R,sr] ".-. \-. f""'-' I '-' c CG~f?JW RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 96-189 TO SHIFT THE 3 RESPONSIBILITY OF COLLECTING ADMINISTRATIVE FEES FOR COSTS INCURRED ON ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED 4 VEHICLES AND WEEDS FROM THE CITY CLERK TO THE CODE COMPLIANCE DIVISION TO ASSESS THE ADMINISTRATIVE FEES FOR COSTS INCURRED ON 5 ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED VEHICLES AND WEEDS WITH THE CODE COMPLIANCE DIVISION. .6 7 8 9 WHEREAS, Resolution No. 96-189 established administrative fees for costs incurred on abatements of private property, buildings, abandoned vehicles and weeds to be assessed by the City Clerk; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: I] 12 SECTION 1. Sections 2 through 8, inclusive, of Resolution No. 96-189 are hereby amended to now read as follows: 13 14 ]5 16 17 18 19 "SECTION 2. The Code Compliance Division shall assess the administrative charge of $30.00 when the City of San Bernardino incurs costs pursuant to Sections 15.28.140, 15.28.150, 8.30.110 and 8.30.130 of the San Bernardino Municipal Code on private property and building abatements. 20 21 SECTION 3. The Code Compliance Division shall assess the administrative charge of $95.00 when the City of San Bernardino incurs costs pursuant to Sections 15.28.140, 15.28.150, 8.30.110 and 8.30.130 of the San Bernardino Municipal Code on private property and building abatements resulting in a lien against the property. SECTION 4. The Code Compliance Division shall assess the administrative charge of $32.00 when the City of San Bernardino incurs costs pursuant to Section 8.36.070 of the San Bernardino Municipal Code on vehicle abatements resulting in a resolution confirming costs against the property for the imposition of liens. 22 23 24 25 26 27 28 5MB/lbI1lIAdl1linFc1.Rcs] c c c RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 96-189 TO SHIFT THE RESPONSIBILITY OF COLLECTING ADMINISTRATIVE FEES FOR COSTS INCURRED ON ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED VEHICLES AND WEEDS FROM THE CITY CLERK TO THE CODE COMPLIANCE DIVISION TO ASSESS THE ADMINISTRATIVE FEES FOR COSTS 2 INCURRED ON ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED VEHICLES AND WEEDS WITH THE CODE COMPLIANCE 3 DIVISION. 4 SECTION 5. The Code Compliance Division shall assess the administrative 5 charge of $19.50 when the City of San Bernardino incurs costs pursuant to 6 Section 8.27 .100 of the San Bernardino Municipal Code on weed abatements 7 resulting in a resolution confirming costs against the property for the imposition of liens. 8 9 10 II I ~ 13 14 15 16 17 18 19 20 21 22 ?' 11/ _J ~4 /11 ,- / / / ~) ~6 /11 27 /11 28 11/ SECTION 6. The Code Compliance Division shall assess the administrative charge of $10.00 when the City of San Bernardino incurs costs pursuant to Sections 15.28.140, 15.28.150, 8.30.110, 8.30.130, 8.36.070 and 8.27.100 of the San Bernardino Municipal Code in responding to requests for demand letters regarding the status of liens and/or abatement costs. SECTION 7. The Code Compliance Division shall assess the administrative charge of $5.00 when the City of San Bernardino incurs costs in releasing liens imposed pursuant to Sections 15.28.140,15.28.150,8.30.110, 8.30.130,8.36.070 and 8.27.100 of the San Bernardino Municipal Code. SECTION 8. The Code Compliance Division shall assess the administrative charge of $20.00 when the City of San Bernardino incurs costs in providing a Duplicate Release of a lien that was imposed pursuant to Sections 15.28.140, 15.28.150, 8.30.110, 8.30.130, 8.36.070 and 8.27.100 of the San Bernardino Municipal Code." 5MBllhllll^dlllinFc2.Res] 2 C 2 , ~ 4 5 6 7 8 9 10 11 12 .- 13 '- 14 15 16 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 96-189 TO SHIFT THE RESPONSIBILITY OF COLLECTING ADMINISTRATIVE FEES FOR COSTS INCURRED ON ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED VEHICLES AND WEEDS FROM THE CITY CLERK TO THE CODE COMPLIANCE DIVISION TO ASSESS THE ADMINISTRATIVE FEES FOR COSTS INCURRED ON ABATEMENTS OF PRIVATE PROPERTY, BUILDINGS, ABANDONED VEHICLES AND WEEDS WITH THE CODE COMPLIANCE DIVISION. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a _ day of COUNCIL MEMBERS: ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK meeting thereof, held on the , 2000, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT RACHEL G. CLARK City Clerk day of ,2000. JUDITH V ALLES, Mayor City of San Bernardino ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): q - \ 8-(x) Item # \ z.. Vote: Ayes (.. f) Nays...()- Resolution # '2C:o::l- J '1: 3 Abstain -f:r Absent-A- - Change to motion to amend original documents: Reso. # On Attachments: - - Contract term: - NullNoid After: - Date Sent to Mayor: q -;;/0 -no Date Returned from Mayor: Date of Clerk's Signature: q.J,\-()() Reso. Log Updated: q-,:n.co / Date of Mayor's Signature: q -.;)0 ~ Seal Impressed: ,/' Date Memo Sent to Department for Signature: See Attached: ~ Date Returned: - Date Letter Sent to Outside Party for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ~ Date Returned: See Attached: See Attached: - Note on Resolution of Attachment stored separately: ~ Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: - See Attached: - - Yes / No By - Yes No / By Yes No --..i.L By Yes No --L By Yes No ,/ By Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed to: ,/' City Attorney Parks & Rec. Code Compliance Dev. Services EDA Finance MIS Police Public Services Water Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: C't\\" Date: q-Z'Z-C:O