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HomeMy WebLinkAboutS12-Community Development . " ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25, ' 26 27 28 _W' -- ,,"" \..." '" .....1 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 18.04.050 AND 19.02.030 AND AMENDING SECTIONS 18.80.010 AND 19.82.030 TO THE SAN BERNARDINO MUNICIPAL CODE, AND ESTABLISHING CRIMINAL VIOLATIONS FOR NONCOMPLIANCE OF CONDITIONS OF SUBDIVISION MAPS, CONDITIONAL USE PERMITS, AND OTHER PERMITS, AND DECLARING THE URGENCY THEREOF. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.04.050 of the San Bernardino Municipal Code is added to read as follows: "Section 18.04.050 Criminal Violation of Conditions of Map, Variance or Review of Plans. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who knowingly and wilfully fails to comply with any condition or requirement of approval of an approved subdivision map, tentative map, final map, parcel map, variance or review of plans is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of ~his Code, in addition to any other civil or administrative remedies provided by law." SECTION 2. Section 18.80.010 of the San Bernardino Municipal Code is amended to read as follows: "Section 18.80.010 Violation an infraction or misdemeanor - Penalty. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who knowingly and wilfully violates any provisions of this title or fails to comply with any mandatory requirement of this title is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in HE/dys 1 November 1, 1989 ~ -/2tL - - ~ /"'''''- '-' 1 accordance with the provisions of Section 1.12.010 of this Code, 2 in addition to any other civil or administrative remedies 3 provided by law." 4 SECTION 3. Section 19.02.030 of the San Bernardino 5 Municipal Code is added to read as follows: 6 "Section 19.02.030 Criminal Violation of Conditions of Building Permit, Sign Permit, Variance, Review of Plans, or 7 Conditional Use Permit. 8 Any person, firm, or corporation, whether as principal, 9 agent, employee, or otherwise, who knowingly and wilfully fails 10 to comply with any condition or requirement of approval and an 11 approved building permit, sign permit, variance, review of plans, 12 or condi tional use permit is guilty of an infraction or a 13 misdemeanor, which upon conviction thereof is punishable in 15 in addition to any other civil or administrative remedies 14 accordance with the provisions of Section 1.12.010 of this Code, 16 provided by law." 17 SECTION 4. Section 19.82.030 of the San Bernardino Municipal Code is amended to read as follows: 18 19 20 21 22 23 24 25 26 27 28 "Section 19.82.030 Enforcement - Violation and Penalty. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of-any of the provisions of this title is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code, in addition to any other civil or administrative remedies provided by law." SECTION 5. Urgency. This is an urgency ordinance necessary to protect the HE/dys November 1, 1989 2 18 19 20 21 - - -- c 1 pubilc health, safety and welfare, which shall take effect 2 immediately upon its adoption. The reasons for the urgency are 3 that conditions and requirements of approval to subdivision maps, 4 variances, conditional use permits, review of plans, and other 5 development projects are imposed by the City because of concerns 6 relating to the health, safety and welfare of the public. 7 Currently there is no penal provision to remedy situations where 8 such conditions or requirements are violated or not complied 9 with. Numerous development projects have already been approved 10 with such conditions or requirements imposed. This ordinance is 11 necessary to ensure that such conditions and requirements are 12 followed without delay. 13 I HEREBY CERTIFY that the foregoing ordinance was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a meeting thereof, held on the 16 day of , 1989, by the fOllowing vote, to wit: 17 AYES: Council Members NAYS: ABSENT: 22 City Clerk 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 HE/dys November 1, 1989 3 \ If 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - c ""..... ,.) ORDINANCE...ADDING SECTIONS 18.04.050 AND 19.02.030 AND AMENDING SECTIONS 18.80.010 AND 19.82.030...AND ESTABLISHING CRIMINAL VIOLATIONS FOR NONCOMPLIANCE OF CONDITIONS OF SUBDIVISION MAPS... AND DECLARING THE URGENCY THEREOF. The foregoing ordinance is hereby approved this day of , 1989. w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ~ l:/~ o HE/dys November 1, 1989 4 t f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 <I.'.:"'" " ~ "''''t;r;tl' ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 18.04.050 AND 19.02.030 AND AMENDING SECTIONS 18.80.010 AND 19.82.030 TO THE SAN BERNARDINO MUNICIPAL CODE, AND ESTABLISHING CRIMINAL VIOLATIONS FOR NONCOMPLIANCE OF CONDITIONS OF SUBDIVISION MAPS, CONDITIONAL USE PERMITS, AND OTHER PERMITS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.04.050 of the San Bernardino Municipal Code is added to read as follows: "Section 18.04.050 Criminal Violation of Conditions of Map, Variance or Review of Plans. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who knowingly and wilfully fails to comply with any condition or requirement of approval of an approved subdivision map, tentative map, final map, parcel map, variance or review of plans is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code, in addition to any other civil or administrative "remedies provided by law." SECTION 2. Section 18.80.010 of the San Bernardino Municipal Code is amended to read as follows: "Section 18.80.010 Violation an infraction or misdemeanor - Penalty. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who knowingly and wilfully violates any provisions of this title or fails to comply with any mandatory requirement of this title is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code, HE/dys November 1, 1989 1 .5 - /2 I; ., ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,..-. """"'" '-' in addition to any other civil or administrative remedies provided by law." SECTION 3. Section 19.02.030 of the San Bernardino Municipal Code is added to read as follows: "Section 19.02.030 Criminal Violation of Conditions of Building Permit, Sign Permit, Variance, Review of Plans, or Conditional Use Permit. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who knowingly and wilfully fails to comply with any condition or requirement of approval and an approved building permit, sign permit, variance, review of plans, or conditional use permit is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code, in addition to any other civil or administrative remedies provided by law." SECTION 4. Section 19.82.030 of the San Bernardino Municipal Code is amended to read as follows: "Section 19.82.030 Enforcement - Violation and Penalty. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this title is guilty of an infraction oroa misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code, in addition to any other civil or administrative remedies provided by law." / / / / / / / / / / / / HE/dys November 1, 1989 2 ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r'" '-" ff""'\!'c -' ORDINANCE...ADDING SECTIONS 18.04.050 AND 19.02.030 AND AMENDING SECTIONS 18.80.010 AND 19.82.030...AND ESTABLISHING CRIMINAL VIOLATIONS FOR NONCOMPLIANCE OF CONDITIONS OF SUBDIVISION MAPS, CONDITIONAL USE PERMITS, AND OTHER PERMITS. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: L C /J ..., , / .7 . / e......._____ HE/dys November 1, 1989 3