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HomeMy WebLinkAbout38-City Administrator . CIl'--_" OF SAN BER.c;';\RDINO - REQUI€l1 <:)oR COUNCIL ACTION From: James E. Robbins Deputy City Administrator Dept: City Administrator Date: August 15. 1989 Su~~: Ordinance assigning the responsibility for abatement of nuisances to the Director of Public Services or the Director of Building and Safety. Synopsis of Previous Council action: Recommended motion: That further reading of the ordinance be waived and said ordinance be laid over for final passage. ." \.( --' , ( L 'y.,.\...j. 1 , I ( , J -~ )... /.~ ''--'J .. Ii, ..-- -. ~\...h~ (_./t l.c, '\'; ~, Signature Contact person: James E. Robbins Phone: 5122 Supporting data attached: Staff report Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) IAcct. DescriPtion) Finance: Council Notes: 75.0262 Aqenda I tem No. - ~ 1l' 'cln" OF SAN BERrQRDINO - REQUEST ~R COUNCIL ACTION STAFF REPORT This proposed ordinance assigns the responsibility for abatement of nuisances to the Director of Public Services or the Director of Building and Safety and makes one clarification. In establishing the Code Compliance section in the Building and Safety Department, the responsibility for abating nuisances was transferred to Building and Safety. However, on occasion the Director of Public Services is called to do abatements. The ordinance which provides for abatement indicated the Director of Public Services was responsible. This proposed change brings the ordinance into consistency with the actual practice. The language clarification adds the words "and/or contents" to Section 15.28.120 to describe the materials in the building. This clarifies the terms to remove any question regarding the contents being included. It is respectfully recommended that the proposed ordinance be given a first reading and laid over for final reading. 75-0264 o o 1 2 3 4 ORDINANCE 5 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.28.100, 15.28.110, AND 15.28.120 TO THE SAN BERNARDINO 6 MUNICIPAL CODE RELATING TO ASSIGNING THE RESPONSIBILITY FOR ABATEMENT OF NUISANCES TO THE DIRECTOR OF PUBLIC SERVICES OR 7 THE DIRECTOR OF BUILDING AND SAFETY. 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 9 SECTION 1: Section 15.28.100 is hereby amended to read as 10 follows: 11 15.28.100 Action of the Director of Public Services or the Director of Building and Safety in case of failure to abate 12 nuisance. 13 In the event the nuisance is not abated by the owner within the 14 time prescribed, the Director of Public Services or the Director 15 of Building and Safety is authorized to raze, demolish and 16 remove the building or to designate an independent contractor 17 to raze, demolish and remove such building. 18 19 SECTION 2: Section 15.28.110 is hereby amended to read as follows: 20 21 22 23 24 25 26 27 28 15.28.110 Itemized statement of expenses. The Director of Public Services or the Director of Building and Safety shall maintain and keep an itemized statement of all expenses involved in the razing, demolishing and removing of such building and related administrative, incidental and overhead expenses of the City including, but not limited to, the costs of inspections of the property, engineering reviews -1- o a I and studies, costs of acquiring title information, costs of 2 appraisals or expert opinions on razing or salvaging buildings 3 and structures, and items of expense required to prepare the 4 matter for hearing, whether or not such hearing is held. The 5 Director of Public Services or the Director of Building and 6 Safety shall forthwith initiate proceedings under Chapter 3.68 and collection of the assessment for costs of Section 15.28.120 is hereby amended to read as 13 14 15.28.120 Noncompliance with order of Board. If the order of the Board to reconstruct, repair, raze or demolish has not been complied with within the time set by 15 the Board, the materials and/or contents of any such building 16 or structure may be sold after notice in any manner which the 17 Director of Public Services or the Director of Building and 18 Safety may determine to be reasonable, provided, that such sale 19 20 21 shall be made upon condition that the wreckage and proceeds from the sale of such building or structure and its materials and/or contents shall first be used to pay and/or reduce all costs ~ 23 incurred by the City as set forth hereinabove, and thereafter, any sur.plus of moneys remaining, if any, after the satisfaction 24 of all of the costs, shall be distributed to the parties lawfully 25 26 27 28 entitled thereto. -2- o o 1 I HEREBY CERTIFY that the foregoing amended ordinance was 2 duly adopted by the Mayor and Common Council of the City of 3 San Bernardino at a meeting thereof, 4 held on the day of , 1989, by the 5 following vote, to wit: 6 7 AYES: Council Members 8 9 NAYES: 10 ABSENT: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JER/dm 08/16/89 -3- o o 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.28.100, 15.28.110, and 15.28.120 TO THE SAN BERNARDINO 2 MUNICIPAL CODE RELATING TO ASSIGNING THE RESPONSIBILITY FOR ABATEMENT OF NUISANCES TO THE DIRECTOR OF PUBLIC SERVICES OR 3 THE DIRECTOR OF BUILDING AND SAFETY. 4 5 6 7 8 9 10 11 12 13 14 15 City Clerk The foregoing ordi~ is hereby approved this day of , 1989. W. R. "Bob" Holcomb, Mayor City of San Bernardino 16 17 Approved as to form 18 and legal content: 19 JAMES F. PENMAN, 20 City Attorney 21 i'l 22 .. , \ ' . ,; J:'.; ,: "".C." By: !r~" 23 24 25 26 27 28 JER/dIil 08/16/89