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HomeMy WebLinkAbout23-City Attorney ,.CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Erom: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENFORCEMENT-PENALTY Dept: City Attorney Date: September 1,1998 ~(Q)~W Synopsis of Previous Council action: Passage of Ordinance MC-619 on September 18,1989. Recommended motion: That said ordinance be laid over for final adoption. ;J . feu.. Signature Contact person: Jolena E. Barnes. Deputy Citv Attorney Phone: 5355 Supporting data attached: Staff ReDort Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75.0262 1/RJqL Agenda Item No. .<3' STAFF REPORT Council Meeting Date: September 8,1998 TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office September 1, 1998 September 8, 1998 Currently, San Bernardino Municipal Code Section 15.24.060 allows the city to enforce violations for property maintenance through a criminal citation process. The proposed amendment allows the city to also enforce violations alternatively via the civil court and administrative hearing forums. Furthermore, the proposed amendment enables the Court to order reimbursement to the City for its administrative costs and fees incurred in prosecuting enforcement ofthis Chapter. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 4 ENFORCEMENT-PENALTY 5 SECTION 1. SECTION 15.24.060 IS HEREBY AMENDED TO READ AS FOLLOWS: 6 15.24.060 Enforcement-Penalty. 7 9 A. Nothing in this Chapter shall be deemed to prevent the City Attorney from commencing a civil action to abate a nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter; nor shall anything in this Chapter be deemed to prevent the City from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this Chapter, or other ordinance, statute or state law. 8 10 11 12 13 14 18 B. Any person who violates or causes the violation of any provision of the Chapter shall be deemed guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. 15 16 17 25 C. Payment of any fine or service of a jail sentence herein provided shall not relieve a person, firm, partnership, corporation, or other entity from the responsibility of correcting the condition, resulting from the violation. In addition to the above penalties the Court may order that the guilty party reimburse the City for all of its costs of investigating, analyzing, and prosecuting the enforcement action against the guilty party; the Court shall fix the amount of any such reimbursement upon submission of proof of such costs by the City. 19 20 21 22 23 24 26 27 28 1 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENFORCEMENT-PENALTY 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 4 5 Common Council of the City of San Bernardino at a the _ day of _, 1998, by the following vote, to wit: 6 7 COUNCIL MEMBERS: ESTRADA LIEN ARIAS SCHNETZ DEVLIN ANDERSON MILLER AYES NAYS 8 9 10 11 12 13 14 15 meeting thereof, held on ABSTAIN ABSENT 16 Rachel G. Clark, City Clerk 17 18 The foregoing ordinance is hereby approved this _ day of ,1998. 19 20 21 JUDITH V ALLES, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, City Attorney 25 /J., . ./(; 26 27 28 2