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HomeMy WebLinkAbout09-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH AN ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCEMENT VIOLATIONS. Dept: City Attorney Date: July 21, 2003 OR\G\NAL Synopsis of Previous Council action: Recommended for Approval at the Legislative Review Committee on July 8, 2003- Council Members present: Lien-Longville and McGinnis Recommended motion: That said Ordinance be laid over for final reading. L9.t~ o Signature Contact person: James F. Penman Phone: 5355 Supporting data attached: FUNDING REQUIREMENTS: Ward: / ALL Amount: Source: (Ace!. No.) (Ace!. Description) Finance: Council Notes: 75.0262 Agenda I #1 f/~3 ()i2.\)~ l)1c- \\ll~ STAFF REPORT Council Meeting Date: TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office July 10,2003 July 21, 2003 Currently there is a need for an alternate method of enforcement for minor violations of the Municipal Code. With the consolidation of the Municipal and Superior Courts, it is often difficult to have criminal citations for code enforcement violations given the amount of attention that is required to gain compliance from offending property owners. An appropriate method of enforcement of minor code violations is an Administrative Citation Program. The City is authorized under Government Code ~53069.4 to make any violation of any ordinance subject to an administrative fine or penalty. It also authorizes the City to set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review of those administrative fines or penalties. This ordinance creates a procedure to appropriately deal with minor code enforcement violations administratively. Adoption of this ordinance will not preclude the City from also enforcing these violations in criminal or civil court. From August 2002 to July II, 2003 we have filed a total of 573 citations that would be eligible for the administrative citation process in criminal court. We do not anticipate an increase or decrease in citations issued, they will just be heard in another venue. e e e .. 1 ORDIM~CE~ (Q)~)f ~ L 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 4 9.92 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A:\ 5 AInlI~ISTRA TIVE CITATION PROCESS FOR CODE ENFORCEl\1E:\T nOLA TIO:\S 6 THE M/\ YOR AND COMMON COUNCIL or THE CITY OF SAN BER]\ARDINO 7 DO ORDAIN AS FOLLOWS: 8 SECTION I. Chapter 9.92 is hereby added to the San Bernardino Municipal Code to 9 read as follows: 10 Chapter 9.92 ADMINISTRATIVE CITATION PROCESS 11 9.92.010 Legislative Findings and Statement of Purpose 12 The Mayor and Common Council hereby finds that there is a need for an alternate 13 method of enforcement for minor violations of the Municipal Code and applicable state codes. An 14 appropriate method of enforcement for minor violations is an Administrative Citation Program as 15 authorized by Go\'ernmenl Code ~53069.4. 16 9.92.020 Administrative Law Ofticer. 17 tA) Generally. The position of Administrative Lavv Officer is hereby created. 18 The Administrative Law Officer shall be appointed by the Mayor with the consent of the Common : 9 Council. The term of the Administrative Lavv Ofticer shall be one (1) year. The number of 20 Administrative L3\v Officer positions and compensation shall be approved hy the Mayor and 21 Common Council. The Administrative Law Ofticer shall be an attorney admitted to the practice 22 of law in the State of California in accordance with State law. 23 (B) PO\v'ers. The Administrative Law Officer shall have all powers necessary 24 to conduct fair and impartial hearings. including hut not limited to the power to: 25 (I) Hold conferences for settlement or simplitication ofthc issues. 26 (2) Administer oaths and at1innations. 27 (3) Hear testimonv. 28 (..j) Rule upon motions. objections. and the admissibility ofcvidence. 1 e e e " " ~ AN ORD[NANCE OF THE CITY OF SAN BER"'ARDlNO ADD[N(; CII.\I'TER 9.92 TO THE SAN BERNARD[NO :\lC:'-i[C[PAL CODE TO ESTABLlSII A'\ 2 3 A[)!\lIN[STRATlVE CITATION PROCESS FOR CODE E!\FORCF::\lENT \'I0LA TlONS 4 (5) Preserve and authenticate the record of the hearing and a]1 exhibits and c\'idencc introduced at the hearing. 6 (6) Regulate the course of the hearing in accordance with this article 7 or other applicable law. 8 (7) Issue a Jinal order which includes Jindings offact and conclusions 9 of law. 10 (8) Impose penalties and fines. issue orders that arc consistent \\'ith applicable violation. In no event shall an Administrati ve Law 12 Officer have the authority to impose a penalty of imprisonment. 13 9.92.030 Use of Administrative Citation. 14 (A) Use of the administrative citation authorized by this chapter is limited to 15 code enforcement violations found in Chapters 5. 8. 15. and 19 of the San Bernardino Municipa] : 6 Code. ~, 9.92.040 Violation: /\'uthoritv: Fines. 18 (A) Any person violating any pro\'ision of Chapters 5. 8. 15 or 19 of the San 19 Bernardino Municipal Code may be issued an administrative citation by a Code 20 Enforcement Officer. or other authorized officer. as pro\ided in this Title. 21 (8) Each and every day a violation of any provision of Chapters 5. 8. 15 or 19 of the 22 San Bernardino Municipal Code exists constitutes a separate and distinct offense. 23 Each section of Chapters 5. 8.15 and] 9 of the San Bernardino Municipal Code 24 \iolated constitutes a separate and distinct \ iolation. 25 iii 26 Ii 27 ili ;0'1 28 2 e e e .. 1 Ai\ ORDINANCE OF THE CITY OF SA'" BERNARDINO ADI>I:\(; CHAPTER 9.92 TO THE SAN BERNARDIi\O '\U'NICII'AL CODE TO ESL\BLlSII A'\ ADI\IINISTRA TlVE CITATION PROCESS FOR CODE E]\FORCEMPiT VIOLA TlO'\S (C 1 Any fine assessed hy means of an administrativ'e citation issued hy the Code Lnlllrccmcnt Otticcr. or other authorized otticer. shall bc pavablc directlv to thc City of San Bcrnardino. 2 3 4 G 7 8 9 10 11 12 III I Anv pcrson who receives an administratiye citation shall be required to pay a tinc ;n the !llllowing amounts: (1) A tinc not exceeding One Hundred Dollars (5100.001 for the lirst administratiye citation: (2) A fine not exceeding Two Hundred Dollars ($200.00) for a second administratiye citation for yiolation of the same ordinance if issued within a l\\elve (12) month period: A fine not exceeding Fiye Hundred Dollars (5500.00) for any subsequent administrative citation issued for yiolation of the same ordinance ,v'ithin a twelve 112) month period. Seryice Procedures. 2.3 14 (3 ) 15 16 17 9.92.050 18 In any case where an administrative citation is issued. senice of the citation shall 19 be made by complying with the ll)lIowing: 20 (A) Personal Seryiee. The Code Enforcement Officer. or other authorized officer. 21 22 23 24 25 26 27 28 shall allemptto locate and personally serye the responsible person and obtain the signature of the responsible person on the administrativ'e citation. If the responsihle person refuses or fails to sign the administrative citation. the refusal to sign shall not affect the yalidity of the administrative citation or ofsuhsequent proceedings: or. if the responsible person cannot he contacted and personally seryed atier reasonable efforts to do so have failcd. scrvice may he effected by certified mail. /Ii 3 e e e 1 AN ORDI:'oOANCE OF THE CITY OF SAN BERNARDINO ADDI:\G CHAPTER 2 9.92 TO THE SA:'oO BER:'oOARDI:'oOO MU,ICIPAL CODE TO ESTABLISH A:\ 3 ADMI"'ISTRA TIVE CITATION PROCESS FOR CODE E"'HmCEME"'T VIOLATIO\S 4 (8) Mail and Posting. The responsible person shall be sened by certified mail. return rcceipt requested. Simultaneously. the citation shall be sent 1:1\ tir,t class mail and posted on the yiolating property. If the citation is scnt by certified mail and returned unsigned. then seryiee shall be deemed effective pursuant to first class mail. proyided the citation sent by first class mail is not rcturned. Contents of Citation. Each administratiye citation shall contain the following information: (1) Date. approximate time and address or definite description ofthe location 5 6 7 8 9 l).l)2.060 where the violation(s) was/were obseryed: (2) The Code section(s) yiolated and a description of the yioIation(s); 10 (;\) (3) The amount of fine for the yiolation( s): 11 12 13 14 15 1 r ......Q 17 18 19 20 21 (4) An explanation ofho\\ the fine shall be paid and the time period by which it shall be paid: (5) Identification of rights to a hearing. including the time within which the hearing may be requested: and (6) The name and signature of the Code Enforcement Officer. or other authorized ot1icer. issuing the citation. (B) If the yiolation is one which is continuing. a Notice to Correct the yiolation and 22 an Explanation of Consequences for failing to correct the yiolation shall be issued 23 concurrently with the citation. Failurc to issuc the Notice to Correct and/or 24 cxplanation of consequences for failure to correct \ iolations shall not affect the 25 yaIidity of the administratiye citation or of subsequent proceedings. 26 ,ill 27 i/l 28 4 e e " e 27 28 AN ORDINA"ICE OF THE CITY OF SAN BERNARDINO ADDI:\G ClIAPTER 9.92 TO THE SAN BERl'iARDlNO MUl'iICIPAL CODE TO ESTABLISH A:\ AD!\llNlSTRA TIVE CITATION PIWCESS FOR CODE ENFORCE\lE:\T VIOLATIO:\S 2 3 4 9.9~.070 Satisfaction of the Administrative Citation. l :pon receipt of a citation. the responsible person must: 6 (A) 7 8 9 rE) (C') 10 11 12 992.080 (A) 13 14 :L5 16 17 :L8 :9 20 21 22 (8) 23 24 25 26 (I' Pay the fine to the City within fifteen (15) days from the issue date of the administrative citation: or File a Request for Hearing pursuant to ~9.9~.080. All tines assessed shall be payable to the City of San Bernardino. Pamlent ofa fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the City Request for Hearing on an Administrative Citation. Time to tile a Request for Hearing. Any recipient of an administrative citation may contest the citation by completing a Request for Hearing form and returning it to the City Clerk within fifteen (15) days from the delte the citation is served or deemed to have been served. A failure to file a timely Request for Hearing shall be deemed a waiver of the right to a hearing on the citation and a failure to exhaust administrative remedies. Hearing Procedure: (1) No hearing to contest an administrative citation before the Administrative Law Officer shall be held unless and until a Request for Hearing form has been completed and submitted and the citation being contested has been ITviewed and approved by the Cit\ Attorney. or his/her designee. 5 e e e 1 AN OIWINANCE Of THE CITY Of SAN BERNARDINO ADDING C1HPTER 2 9.92 TO THE SAN BERNARDINO \llNICII'AL CODE TO ESTABLISH A:\ ~ AD\HNISTRA TIVE CITATION PROCESS fOR CODE E:'\fORCEME:\T Y10LATlO:\S 4 '0 6 7 8 9 lO 1 1 ~~ 12 13 14 IS 16 17 l8 19 20 21 22 23 ~ , ,,"> 25 26 27 /i, ili 28 II (C) (2) Atier receipt of the Request for He3ring form 3nd reyie\\ and appro\al of the citation hy the City Attorney. or his her designee. a hearing before the Administratiye Law Ot1icer shall be set Itlr a d3te th3t is not less than titieen II)) days and not more than si~t\ (60) days Irom the datc that the request for hearing is tiled in accordance with the proyisions of this Chapter. The applicant shall he notitied of the time and place set for the hearing at least ten (10) days prior to the date of hearing. (3) If the City Attorney. or his/her designee declines to approve the citation. said citation shall be dismissed and the City Attorney. or his/her designee. shall notil~' the applicant in writing that the citation has becn dismissed and therefore. there is no need for a hearing. (4) The City Attorncy. or his/hcr designee shall approye or dismiss the citation within no more than three (3) working days of the receipt of the Request j()r Hearing Form by the City Attorney's Office. I) ) The applicant shall bc given the opportunity to testil~' and present evidence concerning the administratiw citation. (6) The formal rules of evidence shall not apply. The administratiye citation and any additional documents submitted by the Code En!t)rcement Ot1icer. or other authorized ot1iccr. shall Cllnstitute prima facie evidence of the respectiye facts contained in those documents. 6 e e e .' 1 A1\i ORDl1\iA"!CE OF THE CITY OF SAN BERNARDI!'iO ADDI'iG CH.\PTER 2 9.92 TO THE SA"! BERNARDI"!O i\1l''\ICIPAL CODE TO ESTABLISH .\'i ADI\1II\'ISTRA nVE CIT A nol\' PROCESS FOR CODE ENFORCDIE'iT VIOLA nO'iS 4 (01 5 6 7 8 9 (E) 10 11 12 13 (F) 14 l5 16 17 (G) 18 19 20 21 22 (H) 23 24 25 26 27 28 The Code Enforcement Officer. or other authorized ofticer. shall submit thc wTitten report concerning the administrati\'e citation to the Administrativc Law Ot1icer for consideration at the hearing. and a COP\ of this report shall also be served by mail on the person requesting the hearing at least ten ( 10) days prior to the date of the hearing. At least ten (10) days prior to the hearing. the recipient of an administrative citation shall be provided with copies of all reports and other documents submitted or relied upon by the Code Enforcement Officer. or other authorized officer. The Administrative Law Ot1icer ma\ continue the hearing and request additional information from the issuing Code Enforcement Officer. or other authorized officer. or from the recipient of the administrative citation prior to issuing findings of fact and statement of decision. Any person who has filed a "Request for Hearing" form and has been notified of the time and date for a hearing pursuant to this Chapter who does not appear at said hearing and does not seek a continuance prior to the hearing shall be deemed to ha\'e waiwd the right to be present at the hearing and the hearing shall proceed in his/her absence, Administrative Law Ot1ieer's Decision, Alter considering all of the testimony and evidence submitted at the hearing. the Administrative Law Ot1ien may immediately issue a \erbal decision or may issue a written decision within ten (10) workin!! davs of the hearin!!. The decision shall ~ . ~ include any conditions pertaining to the correction of the violation(s) and any time limits set for said corrections, 7 e e .' e 27 1 AN ORDINANCE OF THE CITY OF SAN BERNARDIl"O ADDING CH.\PTER 2 9.92 TO THE SAN BERNARDINO '\IlNIClPAL CODE TO ESTABLISH .\\ 3 ADMINISTRATIVE CITATION PROCESS FOR CODE El"FORCE\lENT nOLA TIO\S , ~ . (I) If a verbal decision is issued at the hearing. a \Hitten decision shall ::> be prepared by the Administrati\e La\\ Ofticer and mailcd to the 6 applicant \\ithin ten (10) \\orking days. 7 121 The ctTccti\.e datc of the decision shall be the mailing date of the 8 \\rittcn decision to the applicant. a 9.92.090 Failure to Pay Fines. 10 Failure of any person to pay a fine assessed by the administrative citation \lith in 11 the time specified on the citation. or designated by the Administrative La\\ Officer 12 as a result of a hearing. shall result in the recording of a lien on the propeny that 13 is the subject of the citation in the amount of said fine. 14 9.92.10" Publication and availability of rules and regulations. : 5 The rules and regulations promulgated for the conduct of administrative adjudication 16 hearings shall be published and kept on file in the office of the City Clerk. \\.here they shall be 17 available to the p'ublic for inspection and copying at nominal rates during normal business hours. 18 992110 Representation at Hearings. :9 (A) City representation. The case I,)r the City shall be prcscntcd by the City Attorney 20 or his/her designee. ~, L~ (BI Respondent representation. The case for the respondent may be presented by the 22 respondent or attorney lor the respondent. An attorney shall present a \\ritten 23 appearance form signed by the respondent under penalty of perjury indicating that 2L; such attorney is authorized to act and to bind thc respondent to any orders entercd 25 by the Administrative La\\ Officer. 26 28 8 e e e 1 AN OIWINANCE OF THE CITY OF SAN BERNARDINO ADDING C1L\PTER 2 9.92 TO THE SA!\' BERNARDI!\'O '\H'NICIPAL CODE TO ESTABLISH AN 3 ADMINISTRATIVE CITATION PROCESS FOR CODE ENFORCE!\1E'\T VIOLA T10'\S ~o 1_ ~.l. 12 13 14 15 16 :7 ::"8 19 20 2~ 22 23 24 25 26 27 28 4 9.92.120 5 (.\) 6 7 8 9 (B) (c) (0) Conduct of Hearings. Generall\. The Administrati\e Lmv ()Hicer shall conduct the heanngs in an orderly manner and insist upon proper decorum by all persons present at the hearings. Thc intcnt of the hearings is to pro\ide the City and the respondent a full and fair presentation of the issues. Testimony and Evidence. The strict laws ofeyidence shall not apply. (I) Testimony. Hearsay testimony may be admitted and relied upon by the Administrati\e Law Officer in making a determination. (1) Eyidence. Releyant documents may be receiyed into e\idence without formal proof" of authenticity. The Administrative Law Officer shall determine the weight. if" any. to be afforded documents received into eyidence. Transcript of proceedings. The City shall determine thc manner in v\hi~h the transcript of proceedings shall occur. Either party may request that the proceedings be taken and transcribed by a cenitied court reporter. The City may. at its cost. record the proceedings. If a recording is made. a respondent may obtain a transcript at the respondent's cost. Continuances. All administrative lavy hearings shall be conducted on the date set for hearing. For good cause shown. a postponement may be granted in the discretion of the Administrativ'e Law Officer. or the oHice of the City Attorney may stipulate to a continuancc. The purpose of" administratiyc law hearings is to proyide prompt resolution of alleged Code or ordinance violations and. accordingly. the request for and the grant of continuances shall be liminted to the extent fairness permits. 9 e e e 27 1 A" ORDI!\ANCE OF THE CITY OF SAN BER!\AIWINO AODl:\C ('IIAPTER 9.92 TO THE SAN BER!\ARDI"iO MP\lCIPAL CODE TO ESTABLISH A:\ ADMI!\ISTRATlVE ('ITA TlO!\ PROCESS FOR CODE E:\FORCE:\IE:\T Y10LA TlO:\S 2 3 .; 9.9~ 1'0 Orders. 3 (.\) Generall\. The .\dministratiw La\\ Onicer shall issue orders. including a tined urder. in accordance \\ ith section 9. 9~.080( H). Complianee Bund. In order to ensure that Code or ordinanee \iolations are 6 7 IB) 8 remedied or lines are paid in a timely manner. an Administrati\e Ll\\ Ot11cer. upon issuing a final determination ofliability.may on a case by casc.basis. require a respondent to post with the City a compliance bond or. as appropriate. to consent to the granting and rccording of a lien against titled property. Whenever it is necessary for the City to make repairs or otherwise expend funds relating to a Code or ordinance \iolation for which a bond was posted. or \\hene\er fines or ~osts remain unpaid after a respondent has exhausted or failed to exhaust judicial re\iew procedures. the Administrati\e La\\ Officer may. atier gi\ing the parties notice and opportunity to be heard. issue an order permitting the City to draw against the bond in an appropriate amount. or to foreclose on the lien The Administrative La\\ Onicer shall order the bond or the titled propcrty or proceeds from the titled property. less the costs incurred by the City. returned to the respondent upon proof of compliance \\ith the applicable eode pro\isions and payment of applicable fines or costs. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ...il' 24 25 26 28 10 e e e 27 A]\ ORDl]\ANCE OF THE CITY OF SAN BER]\ARDlNO ADDl-';<; CHAPTER - 9.92 TO TIlE SAN BERNARDl-';O MC'\'IClI'AL CODE TO ESTABLISH A-'; 3 AD!\lI:\'ISTRA TIVE CITATION PROCESS FOR CODE ENFORCE\lE'\T VIOLA TIO-';S 4 IC) Violations of orders. Any person. having recei\'ed notice and an opportunity t'l!' a hearing as provided in this chapter shall. if the order is not complied \\ith or il 6 the order is not staved hy a court of competent jurisdiction. prior to its effective ~ date. he in violation of said hearing order. \\hich shall constitute a misdemeanor 8 "r an inti-action. Violation of a hearing order shall be punishable as pro\ided in 9 Section 1.12.010 for each offense. Each day that the violation( sl continue(sl shall 10 be considered a separate and distinct offense. In a prosecution under this section. , , ..1--'- it shall not he a defense that a person came into compliance \\ith an order. sought 12 judicial review of it. or made efTorts to comply with an order. subsequent to its :3 effective date. 14 9.92.140 Disposition of tines. 15 All tInes and other monies paid to the City in accordance with this article shall be remitted to the City and deposited in the appropriate City account as designated by the Mayor. The 17 allocation ofrcvenues deposited in this account shall he determined hy the Mayor and Common :8 Council. 19 9.92.150 Punishment of violations by imprisonment. 20 In no case may the Administrative LU\\ Ofticer conduct an administrative adjudication 21 hearing for an alleged violation of the ordinances of the City or this code where the requcsted 22 remedy is a punishment ofimprisonmcnt. Nothing in this Chapter. howC\cr. shall precludc the City 23 from seeking the remedy of imprisonment in a court oflaw. including imprisonment for failure to 24 comply with the order of an Administrative Law Ofticer. pursuant to section 9.92.080(c). 25 II! 26 28 11 ! e e e Al\ ORDIl\Al\CE OF THE CITY OF SAN BER:-IARDI!\O ADDI:\(; CHAPTER 9.92 TO THE SA\' BERI\ARDI\'O MlNICIPAL CODE TO ESTABLISH A'i ADMINISTRATIVE CITA TIOl\ PROCESS FOR CODE ENFORCE:\IE:\T \'IOU.T10'iS 4 9.92.160 Administrative adjudication procedures not e:-:c1usi\e. ~nt\\ithstanding any nther pnn'isinns nrthis article. the authnrity orthe Administrati\e r 8 Ll\\ OtJicer to conduct administrati\e hearings in acenrdance with this chapter shall not preclude 7 the City hnm seeking am remedies f;,r Cnde nr ordinance \iolations through the use Oran\ other 8 administrati\e procedure or court proceeding. 9 9.92.170 Applicability of administrati\e adjudication procedures. lO (Ai Notwithstanding any other pro\ision of the ordinances of the City or this Code. 11 all pro\isions of this Code or ordinances. except fnr thnse specified in subsectinn 12 (c) of this section. may be enforced by instituting an administrati\e adjudication 13 hearing with the Administrati\e Law Ot1icer as pro\"ided in this article. 14 (B) Notwithstanding an\" other pro\'ision of the ordinances of the City or this Code. 15 any enforcement action. including but not limited to license or permit suspension 16 or re\'ocation. which may be e:-:ercised by another department of the City may also 17 . be e:-:ercised by the Administrative La\\ Ot1icer as pro\'ided in this article. 18 9.92.180 Appeals. . 19 (A) Any party to an administrati\'e adjudication hearing may appeal frnlll an ad\'erse 20 ruling to the Board of Building Commissioners. 2l 22 23 24 25 26 II 27 ili 28 1/; 12 e e " 2.0 , , ""~ 12 13 14 15 16 . ~ ~, 18 19 20 A:\ ORDlNAI'iCE OF THE CITY OF SA"i BERNARDIl\O ADDI:\(; C1L\PTEI{ ~ 9,92 TO THE SAN BERNARDI"iO i\ll'NICII'AL CODE TO ESTABLISH A:\ 3 ADi\III'iISTRA T1VE CITATION PROCESS rem CODE ENFORCDIE:\T VIOLA T10NS 4 (I) The appeal shall he lilcd \\ith the City Cler~ \\ithin ten (III) da" j()llo\\ing the date of the \\Tinen decision of the .\dministrati\e La\\ r " ()fticer and shall include the payment of all applicahlc appeal fees. The 7 appeal shall he in \\Titing and sct j(mh (a) the specific action appealed 2 Ii'om. (h) the specific grounds for the appeal. and (c I the rdicf or action 9 sought Irom the Board of Building Commissioners. In the e\ent an, notice of appeal fails to set forth all inl()[lllation required hy this section. the City Clcr~ shall return the same to applicant \\'ith a statement that it is deficient. and the applicant shall be allowed ten (10) days after the City Cler~ mails the appcal application in which to re-lik the appeal. (2) The decision of the Board of Building Commissioners shall be tinal and conclusi\e and shall not be subject to appeal to the Mayor and C(;lnmon Council. Pursuant to ('ude ut ('il-it Procedure ~ I 094.6. any action to re\iew the decision of thc Board of Building Commissioners shall he commenced not later than the ninetieth day after the date the Board' s ordcr is adopted. 992] 90 Se\erahility. 2l The pro\isions of this Chapter are se\erable. and. ifany scntence. section or othcr part of 22 this Chapter should be found to he il1\alid. such in\alidity shall not affect the rcmaining pro\isions. 23 and the remaining pro\'isions shall continue in full forcc and effect. 24 25 26 e 27 28 13 " e e 1 AN ORDINANCE OF THE CITY OF SAN BERNARDI;\iO ADDI'\G C1L\I'TER 2 9.92 TO THE SAN BERl\ARDINO \WNICIPAL CODE TO ESTABLISH A:\ :2 ADl\lINISTRA TIVE CITA TIO,," PROCESS FOR CODE E'\FORCDIE\T nOL\ TIO:\S 4 II IEREBY (ERTIFY that th~ foregoing ordinance was duly adopted hy th~ ]\Iayor and " C0l11111on Coun~il of th~ Cit: of San 13~rnardino at a 111~~ling th~r~or held on 6 th~ day of _' :003 th~ following \ol~. to wit: 7 COUNCIL \lEMBERS: N.\YS ABSTAIN AYES 8 ESTRADA 9 L1E!\-LONGVILLE 10 1\1CGNNIS 11 DERRY 12 SUAREZ 13 ANDERSO'\i e 14 MCCAMMACK 15 16 ABSE'-JT Rachel G. Clark. City Clerk 17 18 Th~ foregoing ordinance is hcrchy apprO\~d this _ day of . :003. 19 20 21 JUDITH VALLES. Ma\or 22 City of San Bernardino' 23 Appro\ed as to forl11 and legal content: 24 JA\IES F. PENMAN. 25 City Attorney 26 B\:~ 1~ (J 27 28 14 _....~~ .~....- ::',~,,!-,;5t~. -'~;.;:.2'!::~:::' ,. '.:~'{-,-,:1~!.2,: - '-;~"-~r.~}i::g; ,...;.~~ ~ -: Ti;~::;.'?t;I~ CITY OF SAN BERNARDINO :'CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT PROGRAM AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: ? / if /0.3 . Item No. 9 Resolution/Ordinance No. /tlc - It '-! 7 Ordinance Urgency: Yes Ie Effective Date: ~I Ljl 0 -:;; Termination/Sunset Date: , './7. /.:" Vote: Ayes: / 7 Nays:~( "J Abstain: .-8 Absent:~ Date Sent to Mayor: ~/ '\ J () '3 Date Returned from Mayor: "'8' / s- 10:3 Date of Mayor's Signature: y;fj!:-: ' Date of Clerk's Signature: 8{/ '~/6''': Date Summary Sent to Attorney: 1+0 '5 Date Summary Returned from Attorney: Date .PUbliShed~. ~ r- / 0'. . . Meeting Type: '.:..1- ~-r __L~ / Date Seal Impressed: J> Is /'03 . ./ - I / Continued From/T & Item No. Date Sent for Signature: Expiration Date: Copies, Distributed To: " Exhibits Complete & Attached to Resolution/Ordinance: Reminder letter Sent: Reminder letter Sent: Reminder letter Sent: Request for Council Action & Staff Report Attached: Notes: IW~..I /.dL-- - . 7 ?/S-J 03 I I Yes No iL Ready to File: Date: IXXtlMENT lOCATlOf+. FORMSIAafnda 111m T..tUnI Fomt. CC Form NIl. 111 . Last ~ 12lO411996