HomeMy WebLinkAbout54-City Attorney
CIT~F SAN BERNARDI to - REQUtJ>>T FOR COUNCIL ActjlON
,
From:
JAMES F. PENMAN
City Attorney
REC'O. - AO Mllf. 9FFllbject:
1988 AUG - It PM 2: 4..
ORDINANCE OF THE CITY OF
SAN BERNARDINO ADDING TO SECTION
9.90.010(A) (6) TO AUTHORIZE CITY IN-
VESTIGATORS TO ABATE NUISANCES PUR-
SUANT TO CHAPTERS 15.28 AND 8.30 OF
THE SAN BERNARDINO MUNICIPAL CODE ANI
PROVInR r'RTMTN~T. PRN~T.TT~~ FOR TH'F.
INTERFERENCE WITH THE PERFORMANCE OF
THEIR AUTHORIZED DUTIES. ~~
~-
Dept:
Date:
August 4, 1988
Synopsis of Previous Council action:
8/4/88 Legislative Review Committee recommended approval of the amendment
to this ordinance.
Recommended motion:
That further reading of the ordinance be waived and said
ordinance be laid over for final passage.
i~
J~
J/
TI/~-
Signature
JAMES F. PENMAN
Phone:
5355
Contact parlOn:
Supporting data attached:
Staff Report
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO,) N / A
(ACCT. OESCRIPTION) N/ A
Finance: N/ A
Council NDte.:
7S.DU2
Agenda Item No, ..;j ~
.
CI"oOF SAN BERNARDIO - REQl()sT FOR COUNCIL AOION
STAFF REPORT
This ordiance will amend Section 9.90.010 of the Municipal
Code to:
1) permit City Attorney Investigators to examine, give
notice of, post, secure and abate all nuisances pur-
suant to other sections of the code. The City Attorney
Investigator already has the authority to cite for
these violations. This authority is necessary to.
continue the drug-abatement program we have started;
and
2) declare it a misdemeanor to:
(a) enter or remain in a structure posted as unsafe
or unfit for human occupancy or
(b) to interfere or obstruct any authorized personnel
in the enforcement or performance of any Municipal
Code provision, .2E.
(c) remove any notice or sign posted by an authorized
person.
This misdemeanor establishment is necessary due to
individuals removing signs, re-entering posted buildings
and interferring with City personnel doing their job
under this code.
The UNDERLINED WORDS ON 'THE ATTACHED ORDINANCE are the
NEW ADDITIONS.
Any word NOT UNDERLINED is NOT a new addition but is the
PRESENT wording.
75.0264
o
-
o
o
o
1
ORDINANCE NO.
2 ORDINANCE OF THF. CITY OF SAN BERNARDINO ADDING TO SECTION
9.90.0l0(A) (6) TO AUTHORIZE CITY INVESTIGATORS TO ABATE NUISANCES
3 PURSUANT TO CHAPTERS 15.28 AND 8.30 OF THE SAN BERNARDINO
MUNICIPAL CODE AND PROVIDING CRIMINAL PENAL'I'I~:S FOR THE
4 INTERFERENCE WITH THE PERFORMANCE OF THEIR AUTHORIZED DUTIES AND
TO REVIEW THIS SECTION TWENTY-FOUR MONTHS SUBSEQUENT TO ITS
5 PASSAGE.
6
7
8
9
10
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 9.90.010 of the San Bernardino
Municipal Code is amended to read:
"9.90.010
Arrest - Citation.
11
A. Pursuant to Sections 836.5, 853.5 and 853.6 of the
12
California Penal Code, the employees as listed in each subsection
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
herein are authorized and empowered to arrest and issue notices
to appear for violations of the provisions of the San Bernardino
Municipal Code as hereinafter set forth:
1. Security guard personnel, who shall be off duty
or retired police officers or reserve police officers, employed
by the Redevelopment Agency of the City of San Bernardino
pursuant to an agreement between said Agency and the City,
relating to a security guard program, are authorized and
empowered to arrest and issue notices to appear for violations of
the provisions of Chapters 5.04, .8.15, 9.48, 12.44, and Sections
9.12.030 and 10.16.210 for incidents arising in the Central City
Mall and public areas in, adjacent to, or immediately surrounding
said mall.
2. Police Assistants are authorized and empowered to
arrest and issue notices to appear for violations of the
1
LM:mw
7/3/88
o
o
o
o
1 provisions of this Code and state statutes pursuant to California
2 Penal Code Section 836.5.
3
3. The Planning Director, Principal Planners, Senior
4 Planners, Planners II, Planners I and Planning Aides are
5 authorized and empowered to issue notices to appear for
6 violations of the provisions of Titles 18 and 19 of this Code and
7 8.36. 10.16, and 15.52 of this Code.
8 4. The Director of Water Reclamation, Environmental
9 Control Representative, and Environmental Control Technicians are
10 authorized and empowered to issue notices to appear for
11 violations of Chapter 13.32 of this Code.
12 s. The Director of Building and Safety an Code
13 Compliance Officers are authorized and empowered to issue notices
14 to appear for violations of the San Bernardino Municipal Code and
15 all other codes incorporated herein by reference."
16 6. The City Attorney Investigators are authorized
17 and empowered to arrest and issue notices to appear for
18 violations of this Code and state statutes pursuant to California
19 Penal Code Section 836.5; sru! .iU:!t authoriz.mL .tQ examine; 9..in
20 notice Qi, ~, secure and abate All nuisances pursuant .tQ
21 Chapters 15.28 and 8.30 Qi the ~ Bernardino Municipal ~.
22
~. Anv person interferrinq or obstructinq ~
23 enforcement or perform~p~~ Qi sny provision 2f ~ ~ ~ sny
24 of ~ QIoceedinq ~~thorized personnel QL sny person ~ removes
25 any notice QL ~ posted bY gn authorized person QL enters ~
26 ~emains in ~ struct~ posted ~ ~fe and/or unfit f2L human
27 occupancy shall ~ guilty 2f A misdemeang~, which YRQn
28
2
LM:mw
7/3/88
o
o
o
o
1 cgDviction thereof is punishable in accordallce l!!1.llD 1M
2
3
2f Section 1.12.010 of this Code.
~. Section 9.90.010 2f ~ San >>~rnardino Municipal
4 shall Q~ reviewed Qy the Mavor and Common Council twentv-
5 months subseauent 12 its passaae.
6 I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on
8
9 the
10
11
12
13
14
15
16
17
18
19 f
20
21
22
ernardino at a
day of
1988, by the
-_.__.._-- --------_._- -'
following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
___________, 1988.
day
EVLYN WILCOX, Mayor
City of San Bernardino
pproved as to form
nd legal content:
~. ~,)
..:_--~
'ty Attorney .
3
M:mw
/3/88