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CITe OF SAN BERNARDI., - REqUEO' FOR COUN61~N
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From:
Manuel P. Moreno, Jr.
Director of Public Services
Public Services
REC'O. -'D.'fF. Weed Abat~nt Standardization
of Collect1on procdure
Dept:
1S87 APi -8 PM 2: 0 I
(JdiT
Date:
April 8, 1987
Synopsil of Previous Council action:
No previous action on this aspect of weed abatement.
Recommenr.led motion:
That the City Attorney be directed to review Chapter 27 of the Municipal Code
for the purpose of eliminating certain Sections and substituting the collection
procedure established by Chapter 3.68.010(Al.
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Signature
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Contact person:
Manuel P. Moreno, Jr.
Phone:
5140
Supporting data attached: Staff Report and MC3.68
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Sou rce:
Finance:
Council Notes:
75-0262
Agenda Item No.
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.C'Cf OF SAN BERNAR~O - RI!QU~T FOR COUNCIL MOON
STAFF REPORT
At present there are two procedures for billing the costs incurred by the
City for weed/debris removal from private property -- one method if the
Notice to Clean is initiated by the Fire Department and another if the
Notice is initiated by the Public Services Department. This is a source
of confusion, and it is recommended that the method specified for Fire
Department-initiated Notices by the only one utilized.
This change may be accomplished by deleting the following Sections of the
Municipal Code:
Sections 8.27.100, 8.27.110, 8.27.120 and 8.27.130 and adding a new
Section 8.27.loo as follows:
The Director of Public Services shall, upon completion of
the abatement, itemize the costs thereof including incidental
eXP7nses which if unpaid shall be assessed against and become
a hen u n the ro rt on which the nuisance was abated to
be collected at the hme and ~n the manner 0 the real
property taxes by the Tax Collector, pursuant to the procedure
set forth in Cha ter 3.68. The Director of Public Services shall
forthwith ~n~t~ate proceed~n s before the Boar of Bu~ld~n
Commiss~oners under Cha ter 3.68 for determ~nation and co lection
of the assesment for costs of abatement. Or. MC-344, 2-20-84;
Ord. MC-178, 7-6-82; Ord. 3367, Sec. 5, 1973).
The above is the same language as in Section 8.18.060.
Section 8.27.140 may be renumbered Section 8.27.110 and the reference to
"tax" should probably be changed to read "assessment".
Section 3.68.010(A) provides sufficient authority to utilize the standard-
ized procedure. However, amending Chapter 27 as indicated will eliminate
the source of considerable current confusion.
75.02'.
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REVENUE AND FINANCE
Chapter 3.68
ASSESSMENTS. FOR NUISANCE ABATEMENT
Sections:.
3.68.010 Notice and hearing of .umments.
3.68.020 Conf"umation of IISnSmel1ts by Mayor and
COllUDon Council - Recordation of tax lien and
coDection thereof.
3.68.030 Time in which to contest assessment.
3.68.040 CoDections of I..e lIIent - Penalties tor
delinquency.
3.68.050 Detennination of cost of abating of nuisance
conclusive evidence of existence.
3.68.010 Notice of hearing of allmments.
A. Whenever, pursuant to any state statute or City ordinance,
it is provided that costs incUQ'ed in the abatement of any
nuisance may be assessed as a charge against the real
property which is the subject of the nuisance abatement,
the City official, hearing officer, board, or commission
ordering the abatement shaD me a notice and itemization
of the charges, declared to be true and correct, to be
assessed against each specific parcel with the Clerk of the
Board of Building Commissioners of the City of San
Bernardino. The notice shall identify the property to be
assessed by street designation and assessor's parcel number
and shaD name the owners and encumbrancers as ascer-
tained from latest title records or other sources.
B. A bill for the costs shall be mailed to the property
owner of record at the address sho",", on the current
assessment roll and any other address shown in City
records and to the holder of any recorded interest,
whose address may be ascertained from title records,
or is otherwise known to the Clerk of the Board of
Building Commissioners, with a notice of the time and
date on which the Board will hold a hearing to hear and
(San Bernardino 7-83)
160
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ASSESSMENTS FOR NUISANCE ABATEMENT
decide any objections to the assessment. Notice shall be
given at least ten days prior to the hearing and shall
specify that objections may be presented at the hearing
or fded in writing five days in advance of the hearing.
C. At the hearing, based upon the evidence presented,
the Board shall detennine the amount to be assessed
against any parcel and the time of payment. The Board
may determine that assessments in excess of five hundred
dollars shall be payable in semi-annual installments of
five hundred dollars, bearing interest at the rate of seven
percent. The decision of the Board shall be fmal, subject
to appeal to the Mayor and Common Council in
accordance with Chapter 2.64.
(Ord. MC-237, 12-20-82; Ord. MC-176, 7-6-82.)
3.68.020 Confmnation of assessments by Mayor and
Common Council - Recordation of tax lien and
collection thereof.
A. A notice of the decision by the Board of Building Com-
missioners of assessments to be charged shall be fded with
the City Clerk, who shall place the notice on the agenda
of the Mayor and Common Council for confmnation by
resolution.
B. After confmnation of the assessments by the Mayor and
Common Council or upon decision of the Mayor and
Common Council of an appeal, a notice of lien for the
amounts detennined to be owed for abatement shall be
recorded with the Recorder of San Bernardino County by
the City Clerk. The City may additionally directly bill the
owner for payment. The direct billing procedure is dis-
cretionary and failure of a property owner to receive a
bill shall not affect the validity of any assessment, lien or
collection hereunder. Upon payment of the charges, a
release of lien suitable for recording shall be mailed by
the City Clerk to the property owner or the person
paying the charges.
C. A copy of the resolution of the Mayor and Common
Council confmning or deciding any assessments shall
forthwith be certified by the City Clerk to the Auditor
160-1
(San Bernardino 3-83)
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REVENUE AND FINANCE
of San Bernardino County and the assessments shall
constitute special assessments against and a lien upon
the property to be entered on the assessmen t roll and
added to the next regular tax bill levied against the
parcel and collected in the same manner as other munici-
pal taxes and subject to the same penalties and procedure
under foreclosure and sale in case of delinquency.
(Old. MC-204, 9-7-82; Ord. MC-176, 7~-82.)
3.68.030 Time in which to contest assessment.
The validity of any assessment decided by the Board of
Building Commissioners and conflnned by the Mayor and
Common Council is subject to the provisions of Chapter
1.26 of the San Bernardino MUnicipal Code limiting the time
in which an action may be brought. (Ord. MC-176, 7-6-82.)
3.68.040 Collections of assessment - Penalties for delin-
quency.
The amount of the assessment upon any parcel shall be
collected at the same time and in the same manner as
ordinary property taxes are collected; and shall be subject to
the same penalties and procedure under foreclosure and sale
in case of delinquency. If the Board has detennined that the
assessment shall be paid in installments, each instaIlment and
any interest thereon shall be collected in the same manner as
ordinary property taxes in successive years, and if delinquent,
the amount thereof shall be subject to the same penalties and
procedure under foreclosure and sale as provided for ordinary
property taxes. (Ord. MC-176, 7-6-82.)
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3.68.050 Determination of cost of abating nuisance conclu-
sive evidence of existence.
The action of the Mayor and Common Council in
conflnning the cost of abating such nuisance shall be conclu-
sive evidence that such nuisance existed, that the amount of
such lien is the actual amount expended in abating the
nuisance, and that all notices were given and proceedings
duly taken as required hereunder. (Ord. MC-176, 7-6-82.)
(San Bernardino 3-83)
160-2
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