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HomeMy WebLinkAbout09-City Attorney ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: City Attorney's Office Subject: ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING Dept: City Attorney SAN BERNARDINO MUNICIPAL CODE SECTION 9.92.020 RELATING TO THE Date: May 1, 2008 ADMINISTRATIVE LAW OFFICER FOR THE ADMINISTRATIVE CITATION PROCESS. MCC Date: May 5, 2008 Synopsis of Previous Council Action: 9-15-03 Mayor and Council approved MCI 150 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. MES F. PENMAN, City Attorney Contact person: Henry Em eno Jr. Sr. De a City Attorney Phone: 5255 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: Agenda Item No. 5- 19-09, F:\EMPENO\Ordinances\9.92.020 RCA.wpd STAFF REPORT Council Meeting Date: May 5, 2008 TO: Mayor and Common Council FROM: City Attorney's Office DATE: May 1, 2008 AGENDA ITEM: ORDINANCE OFT E CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUD ICIPAL 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 Munici al 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 1br 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. I 'I I F:AEMPEN0\0rdinances\9.92.020 Staff Reportmpd i COPY 1 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 The position of Administrative Law Officer is hereby created. The appointment, qualifications, disqualification, and powers of the 9 Administrative Law Officer shall be the same as those provided for the Administrative Hearing Officer as stated in San Bernardino Municipal 10 Code Chapter 9.93. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F:\EMPENO\Ordinances\Ordinance Amending 9.92.020.wpd 1 r � 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN 2 BERNARDINO MUNICIPAL CODE SECTION 9.92.020 RELATING TO THE 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 11 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 21 PATRICK J. MORRIS, Mayor 22 City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN City Attorney 25 26 27 28 F:\EMPENO\Ordinances\Ordinance Amending 9.92.020.wpd 2