HomeMy WebLinkAbout30- Ordinance 0-
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.30.140 AND SECTION 15.28.020 OF THE SAN BERNARDINO MUNICIPAL
3 CODE RELATING TO PROCEDURES FOR THE ABATEMENT OF PROPERTY
NUISANCES.
4
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
7 SECTION 1. Section 8.30.140 of the San Bernardino
8 Municipal Code is hereby designated as Subsection A of said
9 Section 8.30.140, and Subsection B is hereby added to read as
10 follows:
11 "B. In the case of an emergency abatement under
12 Section 8.30.150, or in the case of a building ordered
13 vacated prior to a hearing pursuant to Section 403( 2)
14 of the Uniform Code for the Abatement of Dangerous
15 Buildings, the City Attorney may take immediate steps
16 to abate the nuisance by means of a civil action for
17 appropriate injunctive relief. In the event such an
18 action is filed, the City Attorney shall seek, as
19 expeditiously as possible, a judicial determination
20 whether the premises should remain vacated pending
21 final disposition of the case. If in the course of
22 the action there is a judicial determination that
23 insufficient evidence exists to sustain a preliminary
24 or permanent injunction requiring the premises to
25 remain vacated, then the order requiring the affected
26 premises to be vacated shall be rescinded forthwith.
27 The rescission of the order shall be without prejudice
28 to such further proceedings as may be appropriate for
RJM:ms[Abatement.Ord] 1 June 30, 1993
30
ANVIL
tr it
j abatement of any nuisance conditions found on the
2 premises. The procedures provided in Sections
3 8.30.030 through 8.30. 130 of this Chapter need not be
4 complied with in the event that a civil action is
5 instituted as provided herein. "
6 SECTION 2. Section 15.28.020 of the San Bernardino
7 Municipal Code is hereby amended as follows:
8 1115.28.020 Uniform Code for the Abatement of Dangerous
Buildings -- Amended.
9
10 "Section 505 is hereby added to the Uniform Code
11 for the Abatement of Dangerous Buildings, to read:
12 "Sec. 505. In addition to the
13 procedures for appeals, hearings,
14 enforcement of orders, and abatement
15 specified in this Code, and, as an
16 alternative procedure thereto, the
17 procedure set forth in Chapter 8.30 of the
18 San Bernardino Municipal Code, including,
19 without limitation, the procedures set
20 forth in Section 8.3O. 14O.B, may be
21 employed. "
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RJM:ms[Abatement.0rd] 2 June 30, 1993
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.30.140 AND SECTION 15.28.020 OF THE SAN BERNARDINO MUNICIPAL
2 CODE RELATING TO PROCEDURES FOR THE ABATEMENT OF PROPERTY
NUISANCES.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of 1993, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 OFFICE VACANT
14 POPE-LUDLAM
15 MILLER
16
17
18 City Clerk
19
20 The foregoing Ordinance is hereby approved this day
21 of 1993.
22 Tom Minor, Mayor
23 City of San Bernardino
24 Approved as to form
and legal content:
25 JAMES F. PENMAN,
26 City Attorney
27
28 By:
JM: [Abatement.0rd) 3 June 30, 1993
C I T Y O F S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE: July 16, 1993
TO: Honorable Mayor and Members of the Common Council
FROM: Rachel Clark, City Clerk
SUBJECT: Agenda Item No. 30 - Council Meeting of July 19, 1993
COPIES: Shauna Clark, City Administrator; City Attorney James
Penman
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I would like to request that Item 30 be pulled from the Consent
Calendar for the following reason.
Item No. 30 appears as a Final Reading for "An Ordinance of the
City of San Bernardino Amending Section 8.30. 140 and Section
15.28 . 020 of the San Bernardino Municipal Code relating to
procedures for the abatement of property nuisances" ; however, it
is in fact an agenda item which was continued from July 6, 1993 .
Therefore, the appropriate motion for Item No. 30 should be the
one recommended in the memorandum of June 29, 1993 from Richard
J. Morillo of the City Attorney's Office which reads as follows:
"That further reading of the ordinance be waived and it be laid
over for final adoption and a public hearing to be held on August
2, 1993".
I would like to explain that at the time the agenda was prepared
for the meeting of July 6, 1993 , the City Clerk's Office had not
received the City Attorney' s staff report. Therefore, the item
was placed on the agenda for a first reading. Normally, the
second reading would follow at the subsequent meeting. However,
the actual motion submitted by the City Attorney' s Office
requested that a public hearing be held on August 2 , 1993 . As a
result the matter was continued to the meeting of July 19.
If it is the desire of the Council to proceed with adoption of
the Ordinance, then the form motion can be adopted thereby
approving the first reading and laying over for final adoption
and public hearing on August 2nd.
Rachel Clark
City Clerk
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