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HomeMy WebLinkAbout27-City Clerk - " ~ CITY OF SAN _RNARDINO o - RI!QUI!ST FOR COUNCIL ACTION From: Shauna Edwins, City Admn. D.~: City Clerk's Office Su~~: Establishment of an appeal fee for all vehicle, weed and building abatement appeals made to the Mayor and Common Council. Date: July 31, 1990 Synopsis of Previous Council ~ion: April 19, 1990: Legislative Review Committee approved the establishment of g $75.00 appeal fee for all vehicle, weed and building abatement appeals made to the Mayor and Common Council. Note: The City Clerk's Office has made the necessary publications for this hearing. Recommended motion: That the hearing be closed; that said resolution be adopted; and that said ordinance be laid over for final passage. {.1 ) / {.~fi{/ (j ../~d' ~ -- ~ ,. r . ./.../ J.: Signatl~./ Contact person: Jeanne' Fitzpatrick, Lien Coord. Staff Report, Ordinance Supponing dete attached: and Resolution Phone: ext. 5002 Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.1 (Acct. DescriDtionl Finance: Council Notes: 75.0262 Agenda Item No ~ 7 , o o 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 1 City Clerk's Office verifies that the appeal contains all required information; City Clerk's Office logs appeal in the computerl 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. , 1 2 3 4 5 6 7 8 9 10 11 12 - II o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE FOR ALL VEHICLE, WEED AND BUILDING/NUISANCE ABATEMENT APPEALS HADE TO THE KAYOR AND COMMON COUNCIL. WHEREAS, Section 54992 of the Government Code requires the Mayor and Common Council to establish said fees by resolution, and WHEREAS, a public hearing has been held pursuant to Sections 54992 and 54994.1 of the California Government COde, BE IT RESOLVED BY THE KAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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. 17 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. 22 23 24 25 26 I HEREBY CERTIFY that the foregoing resolution 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 27 the following vote to wit: 28 1 . II RESOLUTION. . .ESTABLISHING A FEE FOR ALL~HICLE. WEED AND , BUILDING/NUISAJI'"';: ABATEMENT APPEALS MADE TMHE MAYOR AND COMMON COUNCIi.~ 1 2 3 4 5 ESTRADA 6 REILLY. 7 FLORES 8 MAUDSLEY Council Members: AnS. ~ ABSTAIN 9 MINOR 10 POPE-LUDLAM 11 MILLER 12 13 14 15 16 17 18 CITY CLERK The foregoing resolution is hereby approved this of . 1990. day W. R. HOLCOMB. MAYOR 19 CITY OF SAN BERNARDINO 20 Approved as to form and legal content: 21 22 23 24 25 26 27 28 JAMES F. PENMAN. City Attorney By: ~~ -; JL, () 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 "",<,. o o ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 8.27.060, 8.33.060 AND 8.36.120 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING A FEE FOR VEHICLE, WEED OR BUILDING/NUISANCE ABATEMENT APPEALS MADE TO THE MAYOR AND COMMON COUNCIL. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 8.27.060 of the San Bernardino Municipal Code is hereby amended as follows: " 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 a~inistrative 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 shall be reimbursed to the appellant . " SECTION 2. Section 8.33.060 Subsection A of the San 21 Bernardino Municipal Code is hereby amended as follows: 22 "Whenever any person is aggrieved by any final order of 23 the Board of Building Commissioners concerning the abatement 24 of a nuisance, such person may appeal to the Common Council 25 in accordance with the provisions of Chapter 2.64. All 26 requests for appeal of administrative decisions shall include 27 28 1 ~J27 ~~ti .a a/--A/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ORDINANCE AXENDING SECTIONS 8.27.060, 8.33.060 AND 8.36.120 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING A FEE FOR VEHICLE, WEED OR BUIWING/NUISANCE ABATElIENT APPEALS HADE TO THE MAYOR AND COHMON COUNCIL an appeal fee as established by resolution. If the Mayor and Common Council find the appeal to be valid, the appeal fee shall be reimbursed to the appellant " 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 shall be reimbursed to the appellant." 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: AnS. HllS. ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER 2 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE. . . ~ING SECTIONS 8.27.060. ~3.060 AND 8.36.120 OF THE SAN BERmuiIftNO MUNICIPAL CODE REQUIRING A PEE FOR VEHICLE WEED OR BUILDING/NUISANCE ABATEMENT APPEALS MADE TO THE MAYOR AND COMMON COUNCIL. . CITY CLERK The foregoing ordinance is hereby approved this of I 1990. day W. R. HOLCOJIB. MAYOR CITY OF SAN BERNARDINO Approved as to form and lega1 content: JAMES F. PENMAN. City Attorney II ') By: ~h-. t ('~ o 3