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CITY ~F SAN BERNARDIN\, - RE.~UEST FOR COUNCIL ACTION
From: Shauna Edwins, City Admn.
Subject: Set public hearing - 9/5/90 --
establishment of appeal fee for
all vehicle, weed and building
abatement appeals made to the
Mayor and Common Council.
De~: City Clerk's Office
Date: July 31, 1990
Synopsis of Previous Council action:
April 19, 1990: Legislative Review Committee approved the establishment
of a $75.00 appeal fee for all vehicle, weed and building abatement
appeals made to the Mayor and Common Council.
Recommended motion:
That a public hearing be set for September 5, 1990 at
10:00 a.m., to consider the establishment of an appeal tee tor all
vehicle, weed and building abatement appeals made to the Mayor and
Common Council.
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Contact person: Jeanne' Fitzpatrick, Lien Coordinator Phone: ext. 5002
Staff Report, Ordinance
Supporting data attached: and Resolution Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
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STAFF REPORT
Currently, the Municipal Code does not allow for an appeal fee of
all vehicle, weed and building/nuisance abatement appeals made to
the Mayor and Common Council. Because of the time and
preparation involved with scheduling and hearing these appeals,
it is proposed that an appeal fee of $75.00 be established. The
procedures for scheduling and hearing the above appeals are
comparable to those of planning appeals, therefore the proposed
fee has been based on the planning appeal fee.
This fee will be charged to appellants who have previously
protested to the Board of Building Commissioners and their
protests have been denied. The ordinance allows for the
reimbursement of the appeal fee at the discretion of the Mayor
and Common Council should the appeal be granted.
Below is a detailed list of procedures involved with scheduling
appeals on the Council agenda:
City Clerk's Office receives appeal letter;
Ci ty Clerk's Office verifies that the appeal contains all
required information;
City Clerk's Office logs appeal in the computer;
City Clerk's Office delivers appeal letter to departments
involved;
Department involved researches appeal and prepares council
action correspondence, staff report and any other necessary
documentation to include in the agenda back-up;
City Administrator's Office reviews documentation and
schedules the appeal;
City Clerk's Office prepares the agenda;
City Clerk's Office notifies the appellant by phone of the
date and time the item will appear on the agenda;
Mayor and Common Council hear the appeal;
City Clerk's Office sends letter to appellant of the action
taken on the item. (In some cases, the item is continued and
must be scheduled on the agenda a second time);
City Clerk's Office prepares the official minutes of the
meeting.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE
FOR ALL VEHICLE, WEED AND BUILDING/NUISANCE ABATEMENT APPEALS
MADE TO THE MAYOR AND COMMON COUNCIL.
WHEREAS, Section 54992 of the Government Code requires
6 the Mayor and Common Council to establish said fees by
7 resolution; and
8
WHEREAS,
a public hearing has been held pursuant to
9 Sections 54992 and 54994.1 of the California Government Code;
10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
11 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
An appeal fee of $75.00 paid to the City
13 Clerk's Office is hereby established for all vehicle, weed
14 and building/nuisance abatement appeals made to. the Mayor and
15 Common Council pursuant to Chapter 2.64 of the San Bernardino
16 Municipal Code.
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SECTION 2. This resolution shall become effective upon
18 the adoption of the ordinance amending sections 8.27.060,
19 8.33.060 and 8.36.120 of the San Bernardino Municipal Code
20 requiring a fee for vehicle, weed or building/nuisance
21 abatement appeals made to the Mayor and Common Council.
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23 I HEREBY CERTIFY that the foregoing resolution was duly
24 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held
on the
day of
, 1990 by
27 the following vote to wit:
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_._~-~~ - --~~U''''''''''''''''''''''''''''''''.J..nu .l"\. .l:J:.L l'U.K fi-UL VJ::...t1..L.~LL, WL.t:,.U A.NlJ
BUILDING/NUISANCE ABATEMENT APPPALS MADE TO THE MAYOR AND
COMMON COUNCIL.
Council Members:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
CITY CLERK
The foregoing resolution is hereby approved this
of , 1990.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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By: ~'Vl"--o
()
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day
W. R. HOLCOMB, MAYOR
CITY OF SAN BERNARDINO
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ORDINANCE NO.
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2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.060,8.33.060 AND 8.36.120 OF THE SAN BERNARDINO
3 MUNICIPAL CODE REQUIRING A FEE FOR VEHICLE, WEED OR
BUILDING/NUISANCE ABATEMENT APPEALS MADE TO THE MAYOR AND
4 COMMON COUNCIL.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1.
Section 8.27.060 of the San Bernardino
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Municipal Code is hereby amended as follows:
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"
The decision of the Board is final, subject to
the right of the property owner to appeal to the Mayor and
Common Council pursuant to Chapter 2.64 of the San
Bernardino Municipal Code, except that notwithstanding the
provisions of Chapter 2.64, the notice of appeal under this
section must be filed with the City Clerk's Office within ten
days from the hearing and decision by the Board.
All
requests for appeal of administrative decisions shall include
an appeal fee as established by resolution. If the Mayor and
Common Council find the appeal to be valid, the appeal fee
can be reimbursed to the appellant at the discretion of the
Mayor and Common Council. . ."
SECTION 2.
Section 8.33.060 Subsection A of the San
Bernardino Municipal Code is hereby amended as follows:
"Whenever any person is aggrieved by any final order of
the Board of Building Commissioners concerning the abatement
of a nuisance, such person may appeal to the Common Council
in accordance with the provisions of Chapter 2.64. All
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- . - . . - - - I -......... v v V L........'~ V _ ..) U . ...I...L. V
OF THE SAN BERNARUINU MUNiCIPAL CuO~ KEQUlKlNG A ~~~ FOR
VEHICLE, WEED OR BUILDr INUISA 1;; ABATEMENT APPEALS MADE '. THE
MAYOR AND COMMON COUNCIL.
requests for appeal of administrative decisions shall include
an appeal fee as established by resolution. If the Mayor and
Common Council find the appeal to be valid, the appeal fee
can be reimbursed to the appellant at the discretion of the
Mayor and Common Council .
"
SECTION 3 .
Section 8.36.120 of the San Bernardino
Municipal Code is hereby amended as follows:
"Any interested party may appeal the decision of the
City Administrator, or his representative, to the Common
Council in accordance with the provisions of Chapter 2.64.
All requests for appeal of administrative decisions shall
include an appeal fee as established by resolution. If the
Mayor and Common Council find the appeal to be valid, the
appeal fee can be reimbursed to the appellant at the
discretion of the Mayor and Common Council."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held
on the
day of
, 1990, by
the following vote to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
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II .........Y..i.L..L~................ .. . CU".u..:.i'u.J..L1'4u .::JL'-.!...LU.l-.u O.L.I.UOU, b..,jJ.UOU A.NU ~.,jb..l.LU
OF THE SAN BERNARDINO MT~ICIPAL CODE REQUIRING A FEE FOR ~ -ICLE
WEED OR BUILDING/NUISMi ABAT; :NT APPEALS MADE TO THE MA. ,R
AND COMMON COUNCIL.
CITY CLERK
The foregoing ordinance is hereby approved this
of , 1990.
day
W. R. HOLCOMB, MAYOR
CITY OF SAN BERNARDINO
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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By: ~
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