HomeMy WebLinkAboutMC-1274
Adopted: July 21, 2008
Effective: August 21, 2008
1 ORDINANCE NO. HC-1274
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
3 12.92.040 AND 12.93.010 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING
THE DUTY TO MAINTAIN AND REPAIR SIDEWALKS AND CURBS AND THE
4 P ARTICIP ATION OF THE CITY.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. 12.92.040 is amended to read as follows:
12.92.040
Duty to Maintain and Repair Sidewalks and Curbs.
A.
The owners oflots or portions oflots fronting on any portion of a public street or place
when that street or place is improved or if and when the area between the property line
of the adjacent property and the street line is maintained as a park or parking strip,
shall maintain any sidewalk and curb in such condition that the sidewalk and curb will
not endanger persons or property and maintain it in a condition which will not interfere
with the public convenience in its use.
B.
When the Director of Public Services finds any sidewalks or curbs out of repair or
pending reconstruction and in condition to endanger persons or property or in
condition to interfere with the public convenience in its use, the Director of Public
Services shall notify the owners of the property fronting on that portion of such
sidewalk or curb so out ofrepair, to repair the sidewalk or curb.
(Ord. MC-1027, 9-9-98; Ord. MC-691, 12-18-89).
SECTION 2. 12.93.010 is amended to read as follows:
12.93.010
Participation by City.
A.
Notwithstanding other provisions of this Code, the Streets and Highways Code or any
other provision of law, the City, at its discretion, may contribute up to one-hundred
percent (100%) of the costs to be paid by the property owner forrepair or installation
of sidewalk, curb, gutter, paved parkway improvements, infilling of curb depressions
or driveway approaches excluding improvements projects constructed under Chapter
12.92 of the Municipal Code. The Public Services Director shall determine when to
contribute up to one-hundred percent (100%) based on the cost of the repair, the ability
of the property owner to pay, and the cooperation exhibited by the property owner,
provided that the property owner executes and delivers to the Public Services Director
a waiver and release in a form approved by the City Attorney or hislher designee. Such
determination shall be subject to appeal to the Mayor and Common Council pursuant
to Chapter 2.64 of this Code.
(Ord. MC-778, 4-16-91).
B.
Notwithstanding other provisions of this Code, the Streets and Highways Code or any
other provision oflaw, the City, at its discretion, may waive fifty percent (50%) of the
installation costs to be paid by the property owner for connection of the sewer line
from the lateral to the property line for an existing owner-occupied single family
residence when installed by the Public Services Department. The Public Services
Director shall determine when to waive the fifty percent (50%) based on the cost of the
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KC-1274
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installation, the ability of the property owner to pay and the length of time the owners
of the property have paid a monthly sewer service charge, provided that the property
owner executes and delivers to the Public Services Director a waiver and release in a
form approved by the City Attorney or hislher designee. Such determination shall be
subject to appeal to the Mayor and Common Council pursuant to Chapter 2.64 of this
Code.
(Ord. MC-737, 7-16-90).
F:IEMPENOIOrdinanceslOrdinance Amending 12.92.040 and 12.93.01~LEAN version.wpd
HC-1274
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2 12.92.040 AND 12.93.010 REGARDING THE DUTY TO MAINTAIN AND REPAIR
SIDEWALKS AND CURBS AND THE PARTICIPATION OF THE CITY.
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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 it. reltular meeting thereof, held on the
, 2008, by the following vote, to wit:
21st day of Julv
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7 COUNCIL MEMBERS:
8 ESTRADA
9 BAXTER
10 BRINKER
11 DERRY
12 KELLEY
13 JOHNSON
14 MCCAMMACK
NAYS
ABSTAIN ABSENT
AYES
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The foregoing Ordinance is hereby approved thiS~y of
July
,2008.
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Approved as to form:
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JAMES F. PENMAN
23 City Attorney
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