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HomeMy WebLinkAbout47-City Administrator "c::~~.F OF SAN BERQRDINO - REQUd1QOR cou~~~. ACTION Da~: 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. F~: James E. Robbins Deputy City Administrator Dept: City Administrator Synopsis of Pnlvious Council action: Recommended motion: That further reading of the ordinance be waived and said ordinance be laid over for final passage. Vcl/Y'AM ~iJ~-;: (] Signature Contact person: James E. Robbins Phone: 5122 Supportin~ data attached: Staff report Ward: FUNDINGREOUIREMENTS: Amount: Source: (Acct, No.) (Acct, DescriDtionl Finance: Council Notes: . ___.._ ,___ ,,_ . NtJ- ~I~Y OF SAN BERtRRDINO - RIEQUEST ~OR COUNCIL ACTION STAFF REPORT This proposed ordinance assigns the responsibility for abatement of nuisances to the Director of Pub~ic Services or the Director of Bui~ding and Safety and makes one clarification. In establishing the Code Compliance section in the Bui~ding and Safety Department, the responsibi~ity for abating nuisances was transferred to Bui~ding and Safety. However, on occasion the Director of Pub~ic Services is cal~ed to do abatements. The ordinance which provides for abatement indicated the Director of Public Services was responsib~e. This proposed change brings the ordinance into consistency with the actua~ practice. The language c~arification adds the words "and/or contents" to Section 15.28.120 to describe the materials in the bui~ding. This c~arifies the terms to remove any question regarding the contents being included. . It is respectfu~ly recommended that the proposed ordinance be given a first reading and ~aid over for final reading. 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 Bu:j.lding 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 ,"'"' ' u "'oY-'~1""'" :;~:' "",I1~~_C:{l":li~:;"I': ,"" :.,<.' I and studies, costs of acquiring title information, coat a 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 7 for determination and collection of the assessment for costs of 8 abatement. 9 10 SECTION 3: Section 15.28.120 is hereby amended ~o read as follows: 11 12 13 15.28.120 Noncompliance with order of Board. If the order of the Board to reconstruct, repair, raze or 14 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 shall be made upon condition that the wreckage and proceeds from 20 21 the sale ,of such building or structure and its materials and/or contents shall first be used to pay and/or reduce all costs 22 incurred by the City as set forth hereinabove, and thereafter; 23 any surplus of moneys remaining, if any, after the satisfaction 24 25 of all of the cos~s, shall be distributed to the parties. lawfully entitled thereto. I 26 i 27 28 -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 ,,' ,-.--r...:t..,--;-, 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 16 17 City Clerk The foregoing ordi~ is hereby approved this day , 1989. of w. R. "Bob" Holcomb, Mayor City of San Bernardino Approved as to form 18 and legal content: 19 JAMES F. PENMAN, City Attorney 20 21 22 By: L? a~_ () 23 24 25 26 27 28 JER/ dm 08/16/89