HomeMy WebLinkAboutMC-176
1
ORDINANCE NO. gC..176
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN
BERNARDINO MUNICIPAL CODE TO ADD CHAPTER 3.68 TO PROVIDE HEARING
3 ON COSTS OF NUISANCE ABATEMENT BEFORE BUILDING COMMISSIONERS
INSTEAD OF THE MAYOR AND COMMON COUNCIL.
4
THE MAYOR AND COMMON COUNCII, OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6
SECTION 1. Chapter 3.68 is added to the San Bernardino
7 Municipal Code to read:
8 "Chapter 3.68
9 ASSESSMENTS FOR NUISANCE ABATEMENT
10
3.68.010 Notice and hearing of assessments.
11
A. Whenever, pursuant to any state statute or city
12 ordinance, it is provided that costs incurred in the abatement of
13 any nuisance may be assessed as a charge against the real property
14 which is the subject of the nuisance abatement, the city official,
15 hearing officer, board, or commission ordering the abatement shall
16 file a notice and itemization of the charges, declared to be true
17 and correct, to be assessed against each specific parcel with the
18 Clerk of the Board of Building Commissioners of the City of San
19 Bernardino. The notice shall identify the property to be assessed
20 by street designation and assessor's parcel number and shall name
21 the owners and encumbrancers as ascertained from property tax and
22 title records.
23
B. A bill for the costs shall be mailed to the property
24 owner of record at the address shown on the current assessment
25 roll and any other address shown in City records and to the holder
26 of any recorded interest, whose address may be ascertained frrun
27 title records, or is otherwise known to the Clerk of the Board of
28 Bui Iding Commissioners, with a notice of the time and date on
MC-176-
1 which the Board will hold a hearing to hear and decide any
2 objections to the assessment. Notice shall be given at least ten
3 days prior to the hearing and shall specify that objections may be
4 presented at the hearing or filed in writing five days in advance
5 of the hearing.
6 C. At the hearing, based upon the evidence presented, the
7 Board shall determine the amount to be assessed against any parcel
8 and the time of payment. The Board may determine that assessments
9 in excess of five hundred dollars shall be payable in semi-annual
10 installments of five hundred dollars, bearing interest at the rate
II of seven percent. The decision of the Board shall be final,
12 subject to appeal to the Mayor and Common Council in accordance
]3 with Chapter 2.64.
14 3.68.020 Confirmation of assessments by Mayor and Common
]5 Council - Recordation of tax lien and collection thereof.
16 A. A notice of the decision by the Board of Building
]7 commissioners of assessments to be charged shall be filed with the
]8 City Clerk, who shall place the notice on the agenda of the Mayor
19 and Common Council for confirmation by resolution.
20 B. After confirmation of the assessments by the Mayor and
21 Common Councilor upon decision of the Mayor and Common Council of
22 an appeal, a notice of lien for the amounts determined to be owed
23 for abatement shall be recorded with the Recorder of San
24 Bernardino County by the City Clerk. The City may additionally
25 directly bill the owner for payment. The direct billing procedure
26 is discretionary and failure of a property owner to receive a bill
27 shall not affect the validity of any assessment, lien or
28 collection hereunder. Upon payment of the charges, a notice of
-2-
MC-176
. .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
]5
]6
]7
]8
19
20
21
22
23
24
25
26
27
28
expungement of the lien shall be recorded with the Recorder by the
City Clerk.
C. A copy of the resolution of the Mayor and Common Council
confirming or deciding any assessments shall forthwith be
certified by the City Clerk to the Auditor of San Bernardino
County and the assessments shall constitute special assessments
against and a lien upon the property to be entered on the
assessment roll and added to the next regular tax bill levied
against the parcel and collected in the same manner as other
municipal taxes and subject to the same penalties and procedure
under foreclosure and sale in case of delinquency.
3.68.030 Time in which to contest assessment.
The validity of any assessment decided by the Board of
Building Commissioners and confirmed by the '1ayor and Common
Council is subject to the provisions of Chapter 1.26 of the San
Bernardino Municipal Code limiting the time within which an action
may be brought.
3.68.040 Collections of assessment - Penalties for.
delinquency.
The amount of the assessment upon any parcel shall be
collected at the same time and in the same manner as ordinary
property taxes are collected; and shall be subject to the same
penalties and procedure under foreclosure and sale in case of
delinquency. If the Board has determined that the assessment
shall be paid in installments, each installment and any interest
thereon shall be collected in the same manner as ordinary property
taxes in successive years, and if delinquent, the amount thereof
shall be subject to the same penalties and procedure under
-3-
MC-176
,
. .
. .
."
I foreclosure and sale as provided for ordinary property taxes.
2
3.68.050 Determination of cost of abating nuisance
3 conclusive evidence of existence.
4 The action of the Mayor and Common Council in confirming the
5 cost of abating such nuisance shall be conclusive evidence that
6 such nuisance existed, that the amount of such lien is the actual
7 amount expended in abating the nuisance, and that all notices
8 were given and proceedings duly taken as required hereunder."
9 I HEREBY CERTIFY that the foregoing ordinance was duly
10 adopted by the Mayor and Common Council of the City of San
II
Bernardino at a
regular
meeting thereof, held on
12
the
6th day of
July
, 1982, by the following vote,
13 to wit:
14
AYES:
Council Members Castaneda, Reilly, Hernandez,
15
Botts, Quiel, Hobbs
]6
NAYS:
None
]7
ABSENT:
Council Member strickler
18
~tft1/~
v City Clerk
/.eP
ordinance is hereby approved th.i ~ day
19
20
The foregoing
~j
;7
Bernardino
/
, 1982.
21
of
22
23
Approved as to form:
24
~~~~~
City A orn y
25
26
27
28
-4-