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HomeMy WebLinkAbout24-City Attorney CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: James F. Penman Subject: An Ordinance of the Mayor City Attorney ORIGINALBnernardino d Common Council of the City of San Amending Section 8.39.020 Dept: City Attorney's Office of the San Bernardino Municipal Code Regarding Nuisance Vehicles. Date: September 14, 2006 Meeting Date: September 18, 2006 Synopsis of Previous Council Action: Clean up and companion Ordinance to Ordinance repealing and replacing Chapter 8.24 which was recommended for adoption by the Legislative Review Committee on August 22, 2006 Recommended Motion: That said Ordinance be laid over for Adoption Signature Contact person: Marianne Milliccian Phone- ext 5355 Supporting data attached: Staff Report & Resolution Ward: City-Wide FUNDING REQUIREMENTS: Amount: N/A Source: Finance: Council Notes: Agenda Item No. 7 1012 ft CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 8.39.020 of the San Bernardino Municipal Code Regarding Nuisance Vehicles. Background: On August 22, 2006, the Legislative Review Committee approved and recommended for adoption a new Garbage and Rubbish Ordinance. Section 8.39.020 of Chapter 8.39 of the San Bernardino Municipal Code Regarding Nuisance Vehicles refers to two (2) code sections of the old Garbage and Rubbish Ordinance. This Ordinance is simply to correct those references to reflect the correct section in the new Garbage and Rubbish Ordinance. Recommendation: That said Ordinance be laid over for Adoption. I ORDINANCE NO. COPY 2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.39.020 OF THE SAN BERNARDINO 3 MUNICIPAL CODE REGARDING NUISANCE VEHICLES. 4 WHEREAS,the Mayor and Common Council recently adopted a new garbage and refuse 5 ordinance; and 6 WHEREAS, Section 8.29.020 refers to sections in the replaced ordinance and require 7 amendment to reflect the new ordinance. 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 9 BERNARDINO DO ORDAIN AS FOLLOWS: 10 SECTION 1. Section 8.39.020 of Chapter 8.39 Seizure and Forfeiture of Nuisance 11 Vehicles is hereby amended to read as follows: 12 Any vehicle used to illegally deposit, discard, dump, and/or place garbage, rubbish, recyclable discards, or green waste in violation of San Bernardino 13 Municipal Code section 8.24.070(C) is declared a nuisance vehicle, and the vehicle shall be subject to seizure and forfeiture as provided in this Chapter. 14 "Garbage," "rubbish," "recyclable discards," and "green waste" shall be defined as set forth in San Bernardino Municipal Code section 8.24.060. Any person, 15 whether as principal or agent,clerk or employee, either for himself or any other person, or for any body corporate, or as an officer or agent for a corporation, or 16 otherwise,who owns,leases,possesses,conducts,uses or maintains any vehicle (hereinafter referred to as "Vehicle"), used for any of the purposes or acts set 17 forth in this section is guilty of a nuisance. 18 SECTION 2. In the event that any provision of this Ordinance,or any part thereof,or any 19 application thereof to any person or circumstance, is for any reason held to be unconstitutional or 20 otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such 21 holding shall not affect the validity of the remaining provisions of this Ordinance, or any part 22 thereof,or any application thereof to any person or circumstance or of said provision as applied to 23 any other person or circumstance. It is hereby declared to be the legislative intent of the City that 24 this Ordinance would have been adopted had such unconstitutional,invalid,or ineffective provision 25 not been included herein. 26 27 28 JEG/ed[NuisanceVehicles.Ordinance.wpol I I AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.39.020 OF THE SAN BERNARDINO 2 MUNICIPAL CODE REGARDING NUISANCE VEHICLES. 3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on the_day 5 of , 2006, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 BAXTER 9 VACANT 10 DERRY 11 KELLEY 12 JOHNSON 13 MCCAMMACK 14 15 Rachel G. Clark, City Clerk 16 17 The foregoing Ordinance is hereby approved this _ day of , 2006. 18 Patrick J. Morris, Mayor 19 City of San Bernardino 20 Approved as to Form: r 21 22 J es` F. Penman, City Attorney If 23 ' S 24 25 26 27 28 JEG/ed[NuisanceVehicles.Ord inance.wpd1 2