HomeMy WebLinkAboutMC-181
CElJINhHCE NO.
MC-ISI
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OlWINP.NCE Of' 'I'll]:; CITY OF SAN BERNARDINO Al''iENDING CHAPTER 8.3(;
01' TUE SAN BElmARDINO KliNICIPl,L CODE TO PROVIDE FOR A HEARING ON
'l'BE EXISTEI\fCL h.ND I-\BA'l'Ef'-IEUT OF A PUBLIC I:!UISANCE OF UP-GENT PUBLIC
NUISANCe l'J.'-ID ON TUE l\E;SLSS~'1ENT o:? COSTS AND It'lPOSITION OF LIENS
FOR ABATEt;ENT OF RUBLIC NUISANCES liND URGENT PULLIC NUISANCES
BLl'ORL 'JIbE BOllED OF tUII..1)Il<!G COhhIS[jIONEHS ItTSTEl\D OF BEFORE ThE
CGt,iL.iOLJ COUNC IL.
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THE MPI.YGR Al\TD COf-.H'lUN COUNCIL OF THE CITY OF SAN BLRN}\IU)ING DO
01Z.L.'i1IN 1\.5 F()LLO\~'S:
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SECTION 1.
Section 8.30.030 Subsection F of the San
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I Bernardino Municipal
II F. Sta ternents
advising that any person having any record
Code is amended to read:
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II ti l"le or interest in the land or real property may appeal from the
12 notice and order of any action by the City officer to the Board of
13 BUJ"lding COEtnissioners provided the appeal is made in ,lriting and
14 as provided in this article and filed with the Clerk of the BOdrd
15 or Building Conrdissioners \1ithin five days after -the date set for
16 h8.:tring of the order before "the City officer issuing the same i
17 thilt failure to appeal 'viII constitute a walver of all right to an
18 adLlinistrati ve hearing and deteruination of the l.lal:.- ter; anoll
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SECTION 2.
Section 8.30.060 Subsectiorl D of tlle San
20 Bernardino Ivlunicipdl Code is amened to read:
21 liB. Upon receipt of any appeal filed pursuant to tnis
22 section, the Clerk of the Board sha 11 present it at the next
23 met~ting or the Board of Building Commissioners."
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SECTION 3.
Section 8.30.U60 Subsection C of the San
25 Bernardino Mllnicipal Cede is aI~!ended to read:
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A hearing shall be held not less than ten days nor rnore
27 than sixty days from the date the appeal vias filed. \,ritten
28 notice or the time and place of the hearing shall be given at
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least ten Jays prior to the date of tJ1e hearing to each appellant
eith.er by personal servicE' or by nailing a copy of the notice to
the address sho'.:/n un the a})peal. n
SECTIOl, 4.
Section 8.3u.06U ~ubsection E' of the ban
Der nardino ~'1unicipal Code is acended to read:
"F. The notice to appellant shall be substantially in the
fed lowing forrei, but rnay incl ude other inforwation:
'You are hereby notified that a hearing will be held before
the Board of Building Cornnissioners of the City of San Bernardino
at City Hall 011
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, at the hour of
a.nl.., upon the notice and order served upon
you. You may be present at the hearing.
You may be represented
by counsel.
You may present any relevant evidence, and will be
given full opportunity to cross-examine all witnesses testifying
a<0ainst you, to shuw cause why the order served upon you should
not be carried out.'11
SECTION 5.
Section b.3U.OGO Subsection G uf the San
BerrlardirlO Municipal Code is alaerlded to read:
lIG. JJ.1he hearing need not be conducted according to the
technical rules relating to evidence and witnesses, and the Board
of Building Corr~issioners shall hear and accept all relevant
eviderlce offered by the appellant. The Board of Building
COL',i-lissioners shall, \ii tllin a reasonable time after the conel usion
of the -hearing, render its decision in \:Jri ting.
The decision
shall state the reasons therefor, aud shall be delivered to the
al-I ellant personally or mailed with postage prepaid. The
effective date of the decision shall be the date of mailing or
personal service.
The decision of the Board of Building
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Me-181
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Commissioners shall be subject to appeal pursuant to Chapter 2.64.1
SECTION 6.
Section 8.30.070 of the San Bernardino Municipal
Code is amended to read:
"After any order or decision of the City officer or Board of
Building Commissioners or Hayor and Common Council made pursuant
It.o this article has heCOIlte final, no person to whon any such order
or decision is directed shall fail, neglect, or refuse to obey any
such order or decision. Failure to comply with any such order or
decision is a misdemearlor, punishable as provided ill Section
8. 3D.IOu. II
SECTION 7.
Section 8.30.080 of the San Bernardino ~:lunicipal
Code is amended to read:
"If, after any order or decision of the City officer, Board
of Builcling Commissioners, 01" the ['>'layor and Comr.lon Council made
pursuant to this article has becone final, tbe person(s) to whom
such order is directed fails, neglects or" refuses to obey such
ur(~er, the I\f1ayor and COhlhon Council may direct that any
a~propriate action be instituted to abate such public nuisance."
SLc'rrON- 8.
Section 8. JG. U90 of the San Bernardino rlunicipal
Code is amended to read:
"The City officer shall keep an itemized account of the
expense incurred by the City in the abatement of any public
nuisance pursuant to the provisions of this article.
Such costs
all<, expenses, upon approval by the Board of Building Commissioners
and confirmation by the ~jayor and Corrunon Council, shall be liens
upun the respective lots or prenlises subject to abatement. rrr.le
City officer shall institute proceedings for hearin',] and
deterrGination of the charges to be assessed pursuant to the
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1 provisions of Chapter 3.68."
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SECTION 9.
Section b.30.140 of the San Bernardino Municipal
3 Code is amended to read:
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ItA.
IThe cost of abatement of an urgent public nuisance upon.
5 a parcel of land shall Le a sp~cial assessment against that
6 parcel.
7 B. The Street St-ircrintendent. or other authorizf~d City
8 officer, contractor or person sllall institute proceedirlgs for
9 l1e~ri11g on the asseSSloent of costs of abatement pursuant to
10 Chc::~pter 3. G8. II
11 I HEREBY CERTIFY that the foregoing ordinance was duly
12 adopted by the 1-'layor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, helu on
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the
6th
July
, 1982, by tlle following vote,
day' of
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AYES:
Council llembers Castaneda, Reilly, Hernandez,
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Botts, Quiel, Hobbs
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NAYS:
None
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ADSLN'r:
Council Member Strickler
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~#/,T/~au/
/' City Clerk
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'j;lin' ~<::::~ce
is hereLy approved
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of
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an Bernardino
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~pproved as to for:in:
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lid., ~.t::>
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