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HomeMy WebLinkAbout17-City Attorney CITY OF SAN BERrORDINO - REQUEST OR COUNCIL ACTION FrDm: James F. Penman Subject: AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER B.05 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE COLLECTION OF RENT FOR BUILDINGS ORDERED VACATED. Dept: City Attorney Da~: July 22, 1991 Synopsis of Previous Council action: None. Recommended motion: Waive further reading and layover for adoption. Signature Contact person: Dennis A. Barlow Phone: 384-5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No /7 CITY OF SAN BBR,QRDINO - RBQUBST R.R COUNCIL ACTION STAFF REPORT During the past two years the City has been aggressively pursuing code enforcement actions against dangerous and unsafe buildings. In many instances it has been necessary to evacuate the tenants of such buildings for their own health and safety. Recently we have found that some unscrupulous landlords, after an evacuation by the City, have re-rented the dangerous building to unsuspecting tenants without making the necessary repairs. This ordinance would make it unlawful to demand or receive rent in such circumstances until the building is repaired. 75-0264 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 o o ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.05 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE COLLECTION OF RENT FOR BUILDINGS ORDERED VACATED. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.05 is hereby added to the San Bernardino Municipal Code to read as follows: "8.05.010 It shall be unlawful for any property owner, landlord, manager or agent to demand, accept, receive or retain any payment of rent if the building or portion thereof for which the rent is paid has been ordered vacated by the building official due to the existence of unsafe or dangerous building conditions, unless a lease or rental agreement executed before the effective date of this Chapter provides otherwise, until a new Certificate of Occupancy is issued." III III III III I I I III III III III III III DAB/ses/Vacated.ord 1 July 19, 1991 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE...RELATING TO THE COLLECTION OF RENT... I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a day of meeting thereof, held on the , 1991, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY HERNANDEZ City Clerk The foregoing ordinance is hereby approved this day of , 1991. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney 1-. /1 I ~ DAB/ses/Vacated.ord 2 July 19, 1991