HomeMy WebLinkAboutMC-1148
Adopted: August 4, 2003
Effective: September 4, 2003
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ORDINANCE NO. MC-1l48
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3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
4 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
5 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 9.92 is hereby added to the San Bernardino Municipal Code (0
9 read as follows:
10 Chapter 9.92 ADMINISTRATIVE CITATION PROCESS
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9,92,010
Legislative Findings and Statement of Purpose
12 The Mayor and Common Council hereby finds that there is a need for an aliernate
13 method of enforcement for minor violations of the Municipal Code and applicable state codes, An
14 appropriate method of enforcement for minor violations is an Administrative Citation Program as
15 authorized by Government Code S53069.4,
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9.92.020 Administrative Law Officer.
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(A) Generally, The position of Administrative Law Officer is hereby created.
18 The Administrative Law Otlicer shall be appointed by the Mayor with the consent of the Common
19 Council. The term of the Administrative Law Officer shall be one (I) year. The number of
20 Administrative Law Officer positions and compensation shall be approved by the Mayor and
21 Common Council. The Administrative Law Officer shall be an attorney admitted to the practice
22 of law in the State of California in accordance with State law.
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(B)
Powers, The Administrative Law Officer shall have all powers nee ~ssary
24 to conduct fair and impartial hearings, including but not limited to the power to:
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(I)
(2)
(3)
(4)
Administer oaths and affirmations,
Hold conferences for settlement or simplification of the issues,
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Hear testimony,
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Rule upon motions, objections, and the admissibility of evidence,
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MC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CIT A nON PROCESS FOR CODE ENFORCEMENT VIOLA TIONS
4 (5) Preserve and authenticate the record of the hearing and all exhibits
5 and evidence introduced at the hearing,
6 (6) Regulate the course of the hearing in accordance with this article
7 or other applicable law,
8 (7) Issue a final order which includes findings offact and conclusions
9 oflaw.
10 (8) Impose penalties and fines, issue orders that are consistent with
11 applicable violation, In no event shall an Administrative Law
12 Officer have the authority to impose a penalty of imprisonment.
13 9.92.030 Use of Administrative Citation.
14 . A) Use of the administrative citation authorized by this chapter is limited to
15 code enforcement violations found in Chapters 5, 8, 15, and 19 of the San Bernardino Municipal
16 Code,
17 9.92,040 Violation; Authority; Fines.
18 (A) Any person violating any provision of Chapters 5, 8, 15 or 19 of the San
19 Bernardino Municipal Code may be issued an administrative citation by a Code
20 Enforcement Officer, or other authorized officer, as provided in this Title,
21 (B) Each and every day a violation of any provision of Chapters 5, 8, 15 or 19 of the
22 San Bernardino Municipal Code exists constitutes a separate and distinct offense,
23 Each section of Chapters 5, 8, 15 and 19 of the San Bernardino Municipal Code
24 violated constitutes a separate and distinct violation.
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MC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS
4 (C) Any fine assessed by means of an administrative citation issued by the Code
5 Enforcement Officer, or other authorized officer, shall be payable directly to the
6 City of San Bernardino,
7 (D) Any person who receives an administrative citation shall be required to pay a fine
8 in the following amounts:
9 (I) A fine not exceeding One Hundred Dollars ($100,00) for the first
10 administrative citation:
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(2)
A fine not exceeding Two Hundred Dollars ($200.00) for a ,.~cond
administrative citation for violation of the same ordinance ifissued within
a twelve (12) month period;
A fine not exceeding Five Hundred Dollars ($500.00) for any subsequent
administrative citation issued for violation ofthe same ordinance within
a twelve (12) month period,
Service Procedures.
(3)
9.92.050
In any case where an administrative citation is issued, service of the citation shall
be made by complying with the following:
(A) Personal Service. The Code Enforcement Officer, or other authorized officer,
shall attempt to locate and personally serve the responsible person and obtain the
signature of the responsible person on the administrative citation, If the
responsible person refuses or fails to sign the administrative citation, the refusal
to sign shall not affect the validity of the administrative citation or of subsequent
proceedings; or, if the responsible person cannot be contacted and personally
served after reasonable efforts to do so have failed, service may be effected by
certified maiL
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MC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS
4 (B) Mail and Posting. The responsible person shall be served by certified mail, return
5 receipt requested. Simultaneously, the citation shall be sent by first class mail and
6 posted on the violating property, If the citation is sent by certified mail and
7 returned unsigned, then service shall be deemed effective pursuant to first class
8 mail, provided the citation sent by first class mail is not returned,
9 9.92,060 Contents of Citation,
10 (A) Each administrative citation shall contain the following information:
11 (I) Date, approximate time and address or definite description ofthe location
12 where the violation(s) waslwere observed;
13 (2) The Code section(s) violated and a description of the violation(s);
14 (3) The amount of fine for the violation(s);
15 (4) An explanation of how the fine shall be paid and the time period by which
16 it shall be paid;
17 (5) Identification of rights to a hearing, including the time within which the
18 hearing may be requested: and
19 (6) The name and signature of the Code Enforcement Officer, or other
20 authorized officer, issuing the citation.
21 (B) If the violation is one which is continuing, a Notice to Correct the violation and
22 an Explanation of Consequences for failing to correct the violation shall be issued
23 concurrently with the citation. Failure to issue the Notice to Correct andlor
24 explanation of consequences for failure to correct violations shall not affect the
25 validity of the administrative citation or of subsequent proceedings,
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MC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS
4 9,92.070 Satisfaction of the Administrative Citation,
5 Upon receipt of a citation, the responsible person must:
6 (A) Pay the fine to the City within fifteen (15) days from the issue date of the
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!B)
(C)
9,92,080
(A)
(B)
administrative citation; or
File a Request for Hearing pursuant to 99,92,080.
All fines assessed shall be payable to the City of San Bernardino, Payment
ofa fine shall not excuse or discharge the failure to correct the violation(s)
nor shall it bar further enforcement action by the City
Request for Hearing on an Administrative Citation.
Time to file a Request for Hearing. Any recipient of an administrative
citation may contest the citation by completing a Request for Hearing form
and returning it to the City Clerk within fifteen (15) days from the dlte the
citation is served or deemed to have been served. A failure to file a timely
Request for Hearing shall be deemed a waiver of the right to a hearing on
the citation and a failure to exhaust administrative remedies,
Hearing Procedure:
(I) No hearing to contest an administrative citation before the
Administrative Law Officer shall be held unless and until a
Request for Hearing form has been completed and submitted and
the citation being contested has been reviewed and approved by
the City Attorney, or hislher designee,
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MC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS
4 (2) After receipt of the Request for Hearing form and review and
5 approval of the citation by the City Attorney, or hislher designee,
6 a hearing before the Administrative Law Officer shall be set for a
7 date that is not less than fifteen (15) days and not more than sixty
8 (60) days from the date that the request for hearing is filed in
9 accordance with the provisions of this Chapter. The applicant
10 shall be notified of the time and place set for the hearing at least
11 ten (10) days prior to the date of hearing,
12 (3) If the City Attorney, or hislher designee declines to approve the
13 citation, said citation shall be dismissed and the City Attorney, or
14 hislher designee, shall notify the applicant in writing that the
15 citation has been dismissed and therefore, there is no need for a
16 hearing.
17 (4) The City Attorney, or hislher designee shall approve or dismiss the
18 citation within no more than three (3) working days of the receipt
19 of the Request for Hearing Form by the City Attorney's Office,
20 (5) The applicant shall be given the opportunity to testify and present
21 evidence concerning the administrative citation.
22 (6) The formal rules of evidence shall not apply.
23 (C) The administrative citation and any additional documents submitted by the
24 Code Enforcement Officer, or other authorized officer, shall constitute
25 prima facie evidence of the respective facts contained in those documents,
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MC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS
4 (D) The Code Enforcement Officer, or other authorized officer, shall submit
5 the written report concerning the administrative citation to the
6 Administrative Law Officer for consideration at the hearing, and a copy
7 of this report shall also be served by mail on the person requesting the
8 hearing at least ten (10) days prior to the date of the hearing,
9 (E) At least ten (10) days prior to the hearing, the recipient of an
10 administrative citation shall be provided with copies of all reports and
11 other documents submitted or relied upon by the Code Enfon:ement
12 Officer, or other authorized officer.
13 (F) The Administrative Law Officer may continue the hearing and request
14 additional information from the issuing Code Enforcement Officer, or
15 other authorized officer, or from the recipient of the administrative citation
16 prior to issuing findings of fact and stakment of decision.
17 (G) Any person who has filed a "Request for Hearing" form and has been
18 notified of the time and date for a hearing pursuant to this Chapter who
19 does not appear at said hearing and does not seek a continuance prior to
20 the hearing shall be deemed to have waived the right to be present at the
21 hearing and the hearing shall proceed in hislher absence.
22 (H) Administrative Law Officer's Decision, After considering all of the
23 testimony and evidence submitted at the hearing, the Administrative Law
24 Officer may immediately issue a verbal decision or may issue a written
25 decision within ten (10) working days of the hearing, The decision shall
26 include any conditions pertaining to the correction of the violation(s) and
27 any time limits set for said corrections,
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KC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLA nONS
4 (I) If a verbal decision is issued at the hearing, a written decision shall
5 be prepared by the Administrative Law Officer and mailed to the
6 applicant within ten (10) working days,
7 (2) The effective date of the decision shall be the mailing date of the
8 written decision to the applicant.
9 9,92,090 Failure to Pay Fines.
10 Failure of any person to pay a fine assessed by the administrative citation within
11 the time specified on the citation, or designated by the Administrative Law Officer
12 as a result of a hearing, shall result in the recording of a lien on the propel1y that
13 is the subject of the citation in the amount of said fine.
14 9.92, I lV- Publication and availability of rules and regulations.
15 The rules and regulations promulgated for the conduct of administrative adjudication
16 hearings shall be published and kept on tile in the office of the City Clerk, where they shall be
17 available to the public for inspection and copying at nominal rates during normal business hours,
18 9.92.110 Representation at Hearings,
19 (A) City representation, The case for the City shall be presented by the City Attorney
20 or hislher designee.
21 (B) Respondent representation. The case for the respondent may be presented by the
22 respondent or attorney for the respondent. An attorney shall present a written
23 appearance form signed by the respondent under penalty of perjury indicating that
24 such attorney is authorized to act and to bind the respondent to any orders entered
25 by the Administrative Law Officer.
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MC-1l48
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS
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9.92.120
Conduct of Hearings.
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(A)
Generally. The Administrative Law Officer shall conduct the hearings in an
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orderly manner and insist upon proper decorum by all persons present at the
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hearings. The intent of the hearings is to provide the City and the respondent a
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full and fair presentation of the issues.
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(B)
Testimony and Evidence. The strict laws of evidence shall not apply,
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(I)
Testimony, Hearsay testimony may be admitted and relied upon by the
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Administrative Law Officer in making a determination.
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(2)
Evidence, Relevant documents may be received into evidence without
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formal proof of authenticity. The Administrative Law Officer shall
determine the weight, if any, to be afforded documents received into
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evidence.
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(C)
Transcript of proceedings. The City shall delcrmine the manner in wh;~h the
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transcript of proceedings shall occur. Either party may request that the
proceedings be taken and transcribed by a certified court reporter. The City may,
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at its cost, record the proceedings. If a recording is made, a respondent may obtain
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a transcript at the respondent's cost.
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(D)
Continuances. All administrative law hearings shall be conducted on the date set
22 for hearing, For good cause shown, a postponement may be granted in the
23 discretion of the Administrative Law Officer, or the office of the City Attorney
24 may stipulate to a continuance, The purpose of administrative law hearings is to
25 provide prompt resolution of alleged Code or ordinance violations and,
26 accordingly, the request for and the grant of continuances shall be liminted to the
27 extent fairness permits,
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MC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS
4 9.92.130 Orders.
5 (A) Generally, The Administrative Law Officer shall issue orders, including a final
6 order, in accordance with section 9.92.080(H).
7 (B) Compliance Bond, In order to ensure that Code or ordinance violations are
8 remedied or fines are paid in a timely manner, an Administrative Law Officer,
9 upon issuing a final determination ofliability, may on a case by case, basis, require
lOa respondent to post with the City a compliance bond or, as appropriate, to consent
11 to the granting and recording of a lien against titled property. Whenever it is
12 necessary for the City to make repairs or otherwise expend funds relating to a
13 Code or ordinance violation for which a bond was posted, or whenever fines or
14 J(.;ts remain unpaid after a respondent has exhausted or failed to exhaust judicial
15 review procedures, the Administrative Law Officer may, after giving the parties
16 notice and opportunity to be heard, issue an order permitting the City to draw
17 against the bond in an appropriate amount, or to foreclose on the lien The
18 Administrative Law Officer shall order the bond or the titled property or proceeds
19 from the titled property, less the costs incurred by the City, returned to the
20 respondent upon proof of compliance with the applicable code provisions and
21 payment of applicable fines or costs.
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MC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CIT A nON PROCESS FOR CODE ENFORCEMENT VIOLATIONS
4 (C) Violations of orders. Any person, having received notice and an opportunity for
5 a hearing as provided in this chapter shall, if the order is not complied with or if
6 the order is not stayed by a court of competent jurisdiction, prior to its effective
7 date, be in violation of said hearing order, which shall constitute a misdemeanor
8 ;lr an infraction, Violation of a hearing order shall be punishable as provided in
9 Section 1.12,010 for each offense, Each day that the violation(s) continue(s) shall
lobe considered a separate and distinct offense. In a prosecution under this section,
11 it shall not be a defense that a person came into compliance with an order, sought
12 judicial review of it, or made efforts to comply with an order, subsequent to its
13 effective date.
14 9.92.140 Disposition of fines,
15 All fines and other monies paid to the City in accordanc': with this article shall be remitted
16 to the City and deposited in the appropriate City account as designated by the Mayor. The
17 allocation of revenues deposited in this account shall be determined by the Mayor and Common
18 Council.
19 9,92.150 Punishment of violations by imprisonment.
20 In no case may the Administrative Law Officer conduct an administrative adjudication
21 hearing for an alleged violation of the ordinances of the City or this code where the requested
22 remedy is a punishment of imprisonment. Nothing in this Chapter, however, shall preclude the City
23 from seeking the remedy of imprisonment in a court of law, including imprisonment for failure to
24 comply with the order of an Administrative Law Officer, pursuant to section 9.92,080(c),
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MC-1l48
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLA nONS
4 9.92.160 Administrative adjudication procedures not exclusive.
5 Notwithstanding any other provisions of this article, the authority of the Administrative
6 Law Officer to conduct administrative hearings in accordance with this chapter shall not preclude
7 the City from seeking any remedies for Code or ordinance violations through the use of any other
8 administrative procedure or court proceeding.
9 9.92.170 Applicability of administrative adjudication procedures,
10 (A) Notwithstanding any other provision of the ordinances of the City or this Code,
11 all provisions ofthis Code or ordinances, except for those specified in subsection
12 (c) of this section, may be enforced by instituting an administrative adjudication
13 hearing with the Administrative Law Officer as provided in this article,
14 (B) Notwithstanding any other provision of the ordinances of the City or this Code,
15 any enforcement action, including but not limited to license or permit suspension
16 or revocation, which may be exercised by another department of the City may also
17 be exercised by the Administrative Law Officer as provided in this article,
18 9,92.180 Appeals.
19 (A) Any party to an administrative adjudication hearing may appeal from an adverse
20 ruling to the Board of Building Commissioners,
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MC-1l48
1 AN ORDINANCE OF THE CITV OF SAN BERNARDINO ADDING CHAPTER
2 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
3 ADMINISTRATIVE CIT A nON PROCESS FOR CODE ENFORCEMENT VIOLA nONS
4 (I) The appeal shall be filed with the City Clerk within ten (10) days
5 following the date of the written decision of the Administrative Law
6 Officer and shall include the payment of all applicable appeal fees. The
7 appeal shall be in writing and set forth (a) the specific action appealed
8 from, (b) the specific grounds for the appeal, and (c) the relief or action
9 sought from the Board of Building Commissioners. In the event any
10 notice of appeal fails to set forth all information required by this section,
11 the City Clerk shall return the same to applicant with a statement ti-,at it is
12 deficient, and the applicant shall be allowed ten (10) days after the City
13 Clerk mails the appeal application in which to re-file the appeal.
14 (2) The decision of the Board of Building Commissioners shall be final and
15 conclusive and shall not be subject to 2ppeal to the Mayor and Common
16 Council. Pursuant to Code of Civil Procedure 91094,6, any action to
17 review the decision of the Board of Building Commissioners shall be
18 commenced not later than the ninetieth day after the date the Board's order
19 is adopted.
20 9.92.190 Severability,
21 The provisions of this Chapter are severable, and, if any sentence, section or other part of
22 this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions,
23 and the remaining provisions shall continue in full force and effect.
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MC-1l48
1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN
ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at ar~~~f~r meeting thereof: held on
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the 4th day of~, 2003 the following vote, to wit:
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COUNCIL MEMBERS: AYES
ESTRADA X
LIEN-LONGVILLE X
MCGINNIS X
DERRY X
SUAREZ X
ANDERSON X
MCCAMMACK X
NAYS
ABSTAIN ABSENT
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f1~,C~~I~~
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The foregoing ordinance is hereby approved this ill day of August ,2003.
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JU H V ALLES, Mayor
C" )j of San Bernardino
Approved as to
form and legal content:
JAMES F, PENMAN,
25 City Attorney
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