HomeMy WebLinkAbout10- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION
15.24.060 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO
ENFORCEMENT-PENALTY
Dept: City Attorney
Date: September 1, 1998 ORIGINAL
Synopsis of Previous Council action:
Passage of Ordinance MC-619 on September 18, 1989.
Recommended motion:
That said ordinance be laid over for final adoption.
- b
Signature
Contact person: Jolena E. Barnes. Deputy Attorney Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No._, /C
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i
STAFF REPORT
Council Meeting Date: September 8, 1998
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: September 1, 1998
AGENDA: September 8, 1998
Currently, San Bernardino Municipal Code Section 15.24.060 allows the city to enforce
violations for property maintenance through a criminal citation process. The proposed
amendment allows the city to also enforce violations alternatively via the civil court and
administrative hearing forums. Furthermore, the proposed amendment enables the Court to order
reimbursement to the City for its administrative costs and fees incurred in prosecuting
enforcement of this Chapter.
1 ORDINQ99V
• 2
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
4 ENFORCEMENT-PENALTY
5 SECTION 1 . SECTION 15 .24 . 060 IS HEREBY AMENDED TO READ AS
FOLLOWS:
6
15 .24 . 060 Enforcement-Penalty.
7
A. Nothing in this Chapter shall be
8 deemed to prevent the City Attorney
from commencing a civil action to abate
9 a nuisance in addition to,
alternatively to, or in conjunction
10 with the proceedings set forth in this
Chapter; nor shall anything in this
11 Chapter be deemed to prevent the City
from commencing a criminal action with
12 respect to the nuisance in addition to,
alternatively to, or in conjunction
13 with the proceedings set forth in this
• Chapter, or other ordinance, statute or
14 state law.
15 B . Any person who violates or causes
the violation of any provision of the
16 Chapter shall be deemed guilty of an
infraction, which upon conviction
17 thereof is punishable in accordance
with the provisions of Section 1 . 12 . 010
18 of this Code .
19 C. Payment of any fine or service of
a jail sentence herein provided shall
20 not relieve a person, firm,
partnership, corporation, or other
21 entity from the responsibility of
correcting the condition, resulting
22 from the violation. In addition to the
above penalties the Court may order
23 that the guilty party reimburse the
City for all of its costs of
24 investigating , analyzing, and
prosecuting the enforcement action
25 against the guilty party; the Court
shall fix the amount of any such
26 reimbursement upon submission of proof
• of such costs by the City.
27
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1
• 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 ENFORCEMENT-PENALTY
3
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof, held on
5
the—day of , 1998, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
ESTRADA
8
LIEN
9
ARIAS
10
SCHNETZ
11
DEVLIN
12
ANDERSON
13
• 14 MILLER
15
16 Rachel G. Clark, City Clerk
17
18 The foregoing ordinance is hereby approved this—day of , 1998.
19
20
21 JUDITH VALLES, Mayor
City of San Bernardino
22
Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
25
26
By 9 jL21
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