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HomeMy WebLinkAboutS01-City Attorney . CITY OF SAN BER~DINO - REQUEST "R COUNCIL ACTION . F rorn.:rA."lES F. PENMAN DarTY ATI'ORNEY Date: 3/6/91 Subject:AN ORDINAN:E OF THE CITY OF SAN BERNARDroo ADDING SEcrION 5.04.526 TO THE SAN BERNARDINO MUNICIPAL CODE REIATING TO BUSINESS LICENSE FEES IN AREI\S OF HIGH CRIME INCIDENCE. Synopsis of Previous Council action: NOOE. Recommended motion: WAIVE FURl'HER READING AND LAYOVER FOR ADOPl'ION. . 1 C ?JL~ Signature Contact person: DENNIS A. J3Il.RI.ai Phone: 384-5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: .0 75-0262 Agenda I tem No. < c;-( . CITY OF SAN BERNffDINO - REQUEST Ftr COUNCIL ACTION . . . 75-0264 STAFF REPORT City Staff has found that the so called Arden/Guthrie area has demanded significantly more City services than other areas of the Ci ty. Thi s is an area made up of residential four-plexes which over the years has been allowed to deteriorate to a point that it is dangerous for both residents and visitors. The area has been the scene of increased incidents of robberies, murders, attempted murders, drug trafficking and significant gang activity. All of this has resulted in numerous pOlice responses at a much higher rate than other areas of the City. The City has also expended significant time, effort and resources in inspecting, closing and boarding up numerous buildings with health and safety violations where it is unsafe for the occupants to continue to reside there. The residents of this area must not be continually subjected to this type of an environment, but also the taxpayers of the City at large should not be expected to shoulder the financial cost resulting from property owners failing to care for their property. As a result the proposed ordinance would increase the business license tax on these buildings by $1,000 per year to offset a portion of the increased City costs in this area. However, if the property owners wish to work together to mitigate the adverse conditions in the area, the City would not impose the tax increase. This cooperative effort would be by way of a homeowners association and Conditions, Covenants and Restrictions recorded against the property to provide for increased maintenance and security responsibilities. These responsibilities would be enforced by the homeowners association and/or the City. This, coupled with the other actions of the City, is a step toward helping the residents of the area reassume control over their neighborhoods and allowing the citizens of this City the security and dignity which they deserve. It is recommended that the reading of the ordinance be waived and that it be laid over for final adoption. . . . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . . 1 2 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.526 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS LICENSE FEES I~ AREAS OF HIGH CRIME INCIDENCE. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. Section 5.04.526 is hereby added to the San 6 7 8 Bernardino Municipal Code to read as follows: 5.04.526 Increased costs of Municipal Services. A. The Mayor and Common Council do hereby find and determine that in the area described in Subsection E, there is a concentration of multi family residential housing with an excessively high crime rate including robberies, shootings, murders, attempted murders, gang activity, and drug dealings, resulting in a higher than usual demand for pOlice services, and a high concentration of blight, resulting in a higher than usual need for code enforcement, parking control, and other City services related to blight reduction. B. In the area described in Subsection E it is hereby determined that the excessive demand of City services is a cost that should not be borne by the general tax payers of the City, but should be the responsibility of those most directly involved who are responsible for the condition allowing such circumstances to exist and have the best 27 opportunity to alleviate the problem. C. The Mayor and Common Council do hereby further find and determine that the existence of an effective homeowner's association tends to mitigate and reduce the existence of 28 DAB/ses/Crime.ord March 6, 1991 1 , 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 . . . . . the types of crime and blight described in subsection A due to being closer to the situation and directly involved with the people who are affected by the adverse affects of crime and blight, and are the recipients of improvements in such situations, and due to the fact that those who own or reside in residential property have a greater incentive to care for that property and to make it a safe environment in which to live. D. Therefore in the area described in Subsection E the Business License Tax imposed on the operation of rental properties pursuant to San Bernardino Municipal Code Section 5.04.525.F shall be increased by the amount of $1,000, annually. Provided however, if the owner of such rental property joins an area wide homeowners association approved by the City Attorney and records Conditions, Covenants and Restrictions against the property, also as ~\~ approved by the ~itx A~~orney, the amount as added by this section shall no longer apply. Such Conditions, Covenants and Restrictions shall relate to maintenance and landscaping standards, parking restrictions, security measures and the right of the homeowners association, or if such association fails to do so, of the City to enforce such conditions by means of ~ntry, summary abatement, lien and legal action. E. The property to which this section shall apply is described as follows: / / DAB/ses/Crime.ord March 6, 1991 2 , . . . . . 1 AN ORDINANCE...ADDING SECTION 5.04.526... 2 That portion of the City of San Bernardino 3 bounded on the North by Highland Avenue, on 4 the East by Arden Avenue, on the South by 5 the alley directly South of Roca Street and 6 on the West by Guthrie Street. 7 I HEREBY CERTIFY that the foregoing ordinance was duly 8 adopted by the Mayor and Common Council of the City of San 9 Bernardino at a meeting thereof, held on the 10 day of , 1991, by the following vote, to wit: 11 Council Members: AYES NAYS ABSTAIN 12 ESTRADA 13 REILLY 14 FLORES 15 MAUDSLEY 16 MINOR 17 POPE-LUDLAM 18 MILLER 19 20 21 22 23 City Clerk The foregoing ordinance is hereby approved this day of , 1991. W. R. Holcomb, Mayor 24 City of San Bernardino Approved as to form 25 and legal content: 26 27 28 JAMES F. PENMAN, City Attorney ~ ?~ By: 3 D I es/Crime.ord Ma. ch 6, 1991