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HomeMy WebLinkAbout09-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Attorney Co,. . ., iL Subject: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 1.12.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RECOVERING RESTITUTION IN CRIMINAL PROSECUTIONS. From: James F. Penman, City Attorney Date: May 13, 2002 Synopsis of Previous Council action: Ord. MC-609, 9-21-87; Ord. MC-455, 5-13-85; Ord. 2673 S2, 1965. Recommended motion: That said ordinance be laid over for final adoption. Contact person: James F. Penman r.1e Signature Phone: 5355 Supporting data attached: Staff Report Ward: ALL FUNDING REQUIREMENTS: Amount: NONE Source: (Acct. No.) fAcet. Description) Finance: Council Notes: 75.0262 Agenda Iten *? ,I'/C? 11'\& lIdS" STAFF REPORT Council Meeting Date: May 20, 2002 TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office May 13, 2002 May 20, 2002 Currently under San Bernardino Municipal Code SI5.24.060(C) the City is able to recover its costs for prosecuting violations of Chapter 15.24 (property maintenance). This ordinance will add a subsection C to S 1.12.010 that allows the City to recover its costs for prosecuting, investigating and analyzing violations of the San Bernardino Municipal Code and the Charter. By adding this language to S 1.12.010 the City will be authorized to recover its costs for prosecuting all violations of the San Bernardino Municipal Code and the Charter, rather than for just those violations of Chapter 15.24. On May 13, 2002 the Legislative unanimously approved this item and recommended that it be put on the May 20, 2002 agenda for first reading. ; CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 1.12.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RECOVERING RESTITUTION IN CRIMINAL PROSECUTIONS. Dept: City Attorney Date: May 13, 2002 Synopsis of Previous Council action: Ord. MC-609, 9-21-87; Ord. MC-455, 5-13-85; Ord. 267392,1965. Recommended motion: That said ordinance be laid over for final adoption. /L,~, ~1 ( . 1 .! -:9- .Ic:~:,z~-lo-y~;l-. Signature Contact person: James F. Penman Phone: 5355 Supporting data attached: Staff Report Ward: ALL FUNDING REQUIREMENTS: Amount: NONE Source: fAcct. No.) f Acct. Description) Finance: Council Notes: 75.0262 Agenda Item No. .:t3 .Tju; /Dd' STAFF REPORT Council Meeting Date: May 20, 2002 TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office May 13, 2002 May 20, 2002 Currently under San Bernardino Municipal Code S 15.24.060(C) the City is able to recover its costs for prosecuting violations of Chapter 15.24 (property maintenance). This ordinance will add a subsection C to S1.12.010 that allows the City to recover its costs for prosecuting, investigating and analyzing violations of the San Bernardino Municipal Code and the Charter. By adding this language to S 1.12.010 the City will be authorized to recover its costs for prosecuting all violations of the San Bernardino Municipal Code and the Charter, rather than for just those violations of Chapter 15.24. On May 13,2002 the Legislative unanimously approved this item and recommended that it be put on the May 20, 2002 agenda for first reading. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3 1.12.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RECOVERING RESTITUTION IN CRIMINAL PROSECUTIONS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. San Bernardino Municipal Code Section 1.12.010 is amended, by adding subsection C, to read in its entirety as follows: 7 A. The punishment of any offense declared to be a misdemeanor or declared to be 8 unlawful with no designation as to the nature of the offense by the Charter or an ordinance, except in cases where a different offense or a different punishment is prescribed by ordinance or any 9 applicable law of this state, is imprisonment in the county jail not exceeding six months, or a fine not exceeding one thousand dollars, or both such imprisonment and fine. 10 B. The punishment for any offense declared to be an infraction by the Charter or an 11 ordinance, excepting places where a different offense or a different punishment is prescribed by ordinance or any applicable law of this state, is a fine not exceeding one hundred dollars for a first 12 violation; a fine not exceeding two hundred dollars for a second violation thereof within one year; and a fine not exceeding five hundred dollars for each additional violation thereof within one year. 13 Upon conviction of a fourth violation thereof within one year, the violator is guilty of a misdemeanor, which upon conviction thereof is punishable as in subsection A. 14 C. Payment of any fine or service of a jail sentence herein provided shall not relieve 15 a person, firm, partnership, corporation, or other entity from the responsibility of correcting any condition, resulting from the violation. In addition to the above penalties the Court may order that 16 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 such 17 reimbursement upon submission of proof of such costs by the City. 18 19 20 21 22 23 24 25 26 27 28 1 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 1.12.010 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 RECOVERING RESTITUTION IN CRIMINAL PROSECUTIONS. 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 regular meeting thereof, held on 5 the 20th day of May, 2002, by the following vote, to wit: 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 LIEN 9 MCGINNIS 10 DERRY 11 SUAREZ 12 ANDERSON 13 MCCAMMACK 14 15 Rachel G. Clark, City Clerk 16 17 The foregoing ordinance is hereby approved this _ day of ,2002. 18 19 20 JUDITH V ALLES, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 By: Q71-' ."; .:; // . / / / /.( _:~-l.'2>h'-4 '""-. 26 27 28 2 .- .~, -~<:;B;,-~~~~' .",~... AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: W3/ 0 )..----- Item No. Cj Resolu on/Ordinance No ~ C - I(.;!"- Ordinance Urgency: Yes Effective ~I r;./ 0 L- TerminationJSunset Date: Vote: Ayes: II .~ S; S 7 Nays: 17- Abstain: -R- Absent: ~ t( "''' 5<,no -" ~/ t/l r d." "'"mod from M_ w. ~ Date of Mayor's Signature: it, ~ 0""'" Date of Clerk's Signature: ~I '110')....-- Date Summary Sent to Attorney:' II/Ii 2-- Date Summary Returned from Attorney: Date Published: ~o~ Meeting TYpe:""-C) I. 1-"'_ J Date Seal Impressed: t;/)I 0 z..--- Continued Fromlfo & Item No. (~ A/D ( ~/~ -7- Date Sent for Signature: To Whom: Expiration Date: ./ ./ Date Retur~ .......--- C"';"O;.,;b....To ~ ::t~~!~ ~. (O~ OJ'" ~_ _ _r=-__ (3) Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: if~~~ 1!dL-- - Vf~ ~ ~ ::;z-~. ro~ No Ready to File: Date: EXX:UMENT lCJCAOON:: fOIlMSfAaMda IIem Tradcifts Fomt.cc forni No. 111.LIsC U)ldaIed: lW411996