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Cl;lTY OF SAN BERN)(RDINO -
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REQUEST FOR COUNCIL ACTION
From: Mayor Evlyn wilcox
Dept: Mayor I s Office
Date: March 24, 1989
Subject: Amendment to San Bernar~'. ,ino Muni-
cipa1 Code Section 8.69 et. seq.
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Council Meeting April 3, 1989~4i
Synopsis of Previous Council action:
NONE
Recommended motion:
Furthur reading of said ordinance be waived. That said
ordinance be laid over for final passage.
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Contlct plrlOn: Gregory Garcia
Supportlllll dIll IUlchld: Yes
Phonl: 384-5210
Wlrd: City Wide
FUNDING REQUIREMENTS:
Amount: NONE
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnlnce:
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Council Notl':
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On January 13, 1989, the Mayor directed City Administrator, pub-
lic Services, and City Attorney's Office to work together in
strengthening the City's existing Graffiti Ordinance by re-
quiring the property owner's to either abate the graffiti or
bear the cost for the City to remove it.
This ordinance is a result of their efforts.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 8.69.010, TO PROVIDE FOR PUBLIC
FUNl)S FOR THE REMOVAL OF GRAFFITI; REPEALING SECTION 8.69.020;
AND ADDING SECTION 8.69.080 PROVIDING FOR THE ASSESSMENT FOR
. ABATEMENT BY THE CITY AND FILING OF OBJECTIONS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 8.69.010 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"8.69.010 - Public Funds for Removal of Graffiti
Public Funds, to the extent they are available, may be used
for the removal of graffiti, as described in Section 8.69.030(A),
with the written consent, waiver of liability and agreement to
hold the City harmless from any and all damages signed by the
owner(s), owner's (s') agent(s), or occupier(s) of the property
on which the graffiti appears, if such individuals assure the
City and confirm that they have the legal authority to execute
such consent, waiver and agreement.
If consent and waiver are
not obtained, or if public funds are not available, the Director
19 of Public Servic.es shall follow the procedure contained in
Sections 8.69.030 et seq."
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SECTION 2. Section 8.69.020 of the San Bernardino Municpal
22 Code is hereby repealed.
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SECTION 3.
Section 8.69.080 is hereby added to the San
Bernardino Municipal Code
to read as follows:
"8.69.080 - Assessment for Abatement by City - Filing of
objection.
The Director of Public Services shall, upon completion of
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0RD: AMENDING SBMC 8.69.010 TO PROVIDE FOR PU3LIC FUNDS FOR
RE~lOVAL OF GRAFFI"'I; REPEALING 8.69.030;ADDT'lG 8.69.0RO
the graffiti abatement, itemize the costs thereof including
incidental expenses which if unpaid shall be assessed against and
become a lien upon the property on which the nuisance was abated
to be collected at the time and in the manner of the real
property taxes by the Tax Collector, pursuant to the procedure
set forth in Chapter 3.68.
The Director of Public Services
shall forthwith intiate procedings before the Board of Building
Commissioners under Chapter 3.68 for determination and collection
of the assessment for costs of abatement."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino, at a
meeting held on the
,19 ,by the following vote, to wit:
day
of
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
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Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAME~ty Attorney
BY:4Aj
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