HomeMy WebLinkAboutMC-1061
Adopted: November 1, 1999
Effective: December 2, 1999
ORDINANCE NO. MC-l06l
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
9.95.050(C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS
I UNDER THE NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM.
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3 WHEREAS, Health & Safety Code ~1l571.1 provides that local governing bodies may
4 adopt and enforce laws consistent with the state code relating to drug abatement; and
5 WHEREAS, the Common Council previously adopted an ordinance adding Section IX.
6 Narcotics and Gang-Related Crime Eviction Program, Chapter 9.95 to Title 9 of the San
7 Bernardino Municipal Code to allow criminal prosecution of landlords when a landlord has been
8 provided by the Chief of Police, evidence of drug activity, and/or gang activity, and fails to start
9 eviction proceedings against the offending tenant; and
10 WHEREAS, in Haas v. County of San Bernardino (1999) 69 Ca1.App.4th 1019, the Court
II of Appeal, Fourth Appellate District has determined that one appeal hearing only in which a
12 hearing officer is retained and paid for by the County of San Bernardino, under the facts of that
13 case, constituted a deprivation of the constitutional due process rights of the other party to a fair
14 hearing; and
15 WHEREAS, even though the State Supreme Court has granted review of the appeal in the
16 Haas case, appeal(s) under the City's existing Narcotics and Gang-Related Eviction Ordinance are
17 anticipated in the near future,
18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
19 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
20 SECTION 1. Section 9.95.050(C) is hereby amended to read as follows:
21 "9.95.050 ENFORCEMENT
22 C. The required notice shall also state that within said fifteen (15) day
23 period, the landlord may file a written appeal of the determination of violation with
24 the City Clerk who shall cause the matter to be set for hearing before the Hearing
25 Officer. Written notice of the date and time of said hearing shall be served by first
26 class mail, addressed to the landlord's last known business address. Following the
27 conclusion of the hearing, the Hearing Officer may affirm, reverse, or reverse
28 subject to conditions, the Police Chief's determination of violation.
SDE:ea[Gang.Ord]
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~ MC-l06l
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
9.95.050(C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS
UNDER THE NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM.
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The Hearing Officer shall render his/her written decision within five (5)
days from the date of the hearing. Said decision shall be sent by certified mail.
Any landlord aggrieved by the decision of the Hearing Officer shall have the right
to appeal to the Police Commission. The right to appeal to the Police Commission
shall terminate upon the expiration of fifteen (15) days following the deposit of said
decision by certified mail and advising the landlord of his or her right to appeal
such decision to the Police Commission, The appeal hearing before the Police
Commission shall be held within twenty (20) days of the receipt by the City Clerk
of the appeal request. The Police Commission shall render its decision within
fourteen (14) days from the date of the hearing, The decision of the Police
Commission shall be fInal and conclusive and shall not be subject to appeal to the
Mayor and Common Council. Pursuant to Code of Civil Procedure Section
1094,6, any action to review the decision of the Police Commission shall be
commenced not later than the ninetieth day after the Police Commission's decision
is rendered. "
SDE:ea[Gang.Ord]
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\ MC-l06l
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
9.95.050(C) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO APPEALS
UNDER THE NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM.
I I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a j oint: regular
meeting thereof, held
3 on the 1st: day of
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5 Council Members:
6 ESTRADA
7 LIEN
8 MCGINNIS
9 SCHNETZ
10 VACANT
11 ANDERSON
12 MILLER
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November
, 1999, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
(::t0L4 ilh. CL~
1 Y CLERK
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16 The foregoing Ordinance is hereby approved this 3rd /dayof November ,1999.
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20 Approved as to form
and legal content:
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JAMES F. PENMAN,
22 City Attorney
City
,
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, ayor
f San Bernardino
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SDE:ea[Gang.Ord]
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