HomeMy WebLinkAbout25-City Attorney
-........ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: May 1, 2008
Subject: ORDINANCE OF THE
CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE
SECTION 9.92.020 RELATING TO THE.
ADMINISTRATIVE LAW OFFICER FOR
THE ADMINISTRATIVE CITATION
PROCESS.
From: City Attorney's Office
Dept: City Attorney
MCC Date: May 5, 2008
Synopsis of Previous Council Action:
9-15-03
Mayor and Council approved MCl150 which amended SBMC Section 9.92.020 Re:
Administrative Law Officer.
4-21-08
Mayor and Council approved MC 1268 which added SBMC Chapter 9.93 Re:
Administrative Civil Penalties.
'-"'
Recommendation:
That said Ordinance be laid over for final adoption.
?-A-...
ES F. PENMAN, City Attorney
Contact person: Henrv Emoeiio. Jr.. Sr. Deoutv Citv Attomev Phone: 5255
Supporting data attached: StaffReoort
FUNDING REQUIREMENTS: Amount:
Source:
Ward:
All
Finance:
Council Notes:
Agenda Item No. d 5
,-~
'-
F,\EMPENOlOrdinances\9.92.020 RCA.wpd
'-
STAFF REPORT. . _
Council Meeting Date: May 5, 2008
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
City Attorney's Office
May 1, 2008
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 9.92.020 RELATING TO
THE ADMINISTRATIVE LAW OFFICER FOR THE
ADMINISTRATIVE CITATION PROCESS.
On August 4, 2003, the Mayor and Common Council adopted San Bernardino Municipal Code
Chapter 9.92 which provides the Administrative Citation Process as an alternate method of enforcement
for certain minor violations of the Municipal Code and applicable State codes as authorized by
Government Code Section 53069.4. Chapter 9.92 provides for an Administrative Fine in the same
amounts as an infraction fine; i.e., a fine not exceeding $100 for a first violation, $200 for a second
violation within a twelve month period, and $500 for any subsequent violation within a twelve month
period.
--
On April 21, 2008, the Mayor and Common Council adopted San Bernardino Municipal Code
Chapter 9.93, which established Administrative Civil Penalties of up to $1,000 per violation of the San
Bernardino Municipal Code, as an additional enforcement tool for more serious violations of the
Municipal Code.
"-'
Currently, Section 9.92.020, provides for the appointment of an Administrative Law Officer(s) to
a one year term to conduct hearings for the Administrative Citation Process. This proposed Amendment
to Section 9.92.020 will make the appointment, qualifications, disqualification, and powers of the
Administrative Law Officer the same as those provided for the Administrative Hearing Officer as stated
in San Bernardino Municipal Code Chapter 9.93. Under Chapter 9.93, specifically Section 9.93.090, the
Administrative Hearing Officer is appointed by the Mayor and Common Council to a three year term.
Recommendation: That said Ordinance be laid over for final adoption.
,.........
'-'
F:IEMPENOIOrdinances\9.92.020 Staff Report. wpd
---
.--
.,,-
-
'-
I
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 9.92.020 RELATING TO THE
3 ADMINISTRATIVE LAW OFFICER FOR THE ADMINISTRATIVE CITATION PROCESS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
5
6 SECTION 1. Section 9.92.020 is hereby amended to read as follows:
7
9.92.020
Administrative Law Officer.
8
9
10
II /11
12 11/
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The position of Administrative Law Officer is hereby created. The
appointment, qualifications, disqualification, and powers of the
Administrative Law Officer shall be the same as those provided for the
Administrative Hearing Officer as stated in San Bernardino Municipal
Code Chapter 9.93.
F:\EMPENO\Ordinances\Ordinance Amending 9.92.020.wpd 1
',,--
1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 9.92.020 RELATING TO THE
2 ADMINISTRATIVE LAW OFFICER FOR THE ADMINISTRATIVE CITATION PROCESS.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the
6
day of
, 2008, by the following vote, to wit:
7
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
II BRINKER
12 DERRY
13 KELLEY
-
.
'- 14 JOHNSON
15 MC CAMMACK
16
17
City Clerk
18
19 The foregoing Ordinance is hereby approved this _ day of ,2008.
20
r
"'-
21
22
23 Approved as to form:
24 JAMES F. PENMAN
City Attorney
25
26 ~<s-- 'l t e-..--
27 C
28
PATRICKJ. MORRIS, Mayor
City of San Bernardino
F:\EMPENO\Ordinances\Ordinance Amending 9.92.020.wpd 2