HomeMy WebLinkAboutMC-1307
Adopted: June 1. 2009
Effective: July 2. 2009
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ORDINANCE NO. MC-1307
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.100, 8.30.130, 8.36.070, 12.64.020, AND 15.28.150 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTIONS 12.80.055 AND 12.80.100(C)
THROUGH (F) THERETO TO INCORPORATE INTO THE MUNICIPAL CODE
LANGUAGE CONTAINED IN THE MASTER FEE RESOLUTION, TO CLARIFY
THE PROCESS FOR OBTAINING A PERMIT TO CONSUME ALCOHOLIC
BEVERAGES IN A PARK, AND TO AUTHORIZE FEES RELATIVE TO
PROCESSING OF INFORMATION CONCERNING LIENS. .
WHEREAS, there is in place a Master Fee Resolution setting forth the amounts of the
various fees to be assessed by the departments of the City as determined by the Mayor and
Common Council in the exercise of their authority to set the amount of such fees; and
WHEREAS, it is the finding of the Mayor and Common Council that certain of the
language contained in the Master Fee Resolution would better serve its intended purpose if
placed in the appropriate place in the Municipal Code; and
WHEREAS, it is the intent of the Mayor and Common Council to amend the Master
Fee Resolution to add fees and to amend the fees set forth therein and pursuant thereto, it is
necessary to amend the Municipal Code to provide appropriate authority for such addition and
amendment.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
Section 1.
Section 8.27.100 of the San Bernardino Municipal Code is amended to
read as follows:
The Code Compliance Director shall forthwith initiate proceedings before the Board of
Building Commissioners for determination and collection of the assessment for cost of
abatement.
A. The Code Compliance Director shall, upon completion of the abatement, itemize the
costs thereof including all incidental expenses and administrative costs.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.100, 8.30.130, 8.36.070, 12.64.020, AND 15.28.150 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTIONS 12.80.055 AND 12.80.100(C)
THROUGH (F) THERETO TO INCORPORATE INTO THE MUNICIPAL CODE
LANGUAGE CONTAINED IN THE MASTER FEE RESOLUTION, TO CLARIFY
THE PROCESS FOR OBTAINING A PERMIT TO CONSUME ALCOHOLIC
BEVERAGES IN A PARK, AND TO AUTHORIZE FEES RELATIVE TO
PROCESSING OF INFORMATION CONCERNING LIENS.
B. The costs and expenses determined under subsection (A) shall, if unpaid, be assessed
against and become a lien upon the property on which the nuisance was abated to be collected
at the time and in the manner of the real property taxes by the Tax Collector, pursuant to the
procedure set forth in Chapter 3.68.
C. Fees for processing of demands for information regarding liens imposed under this
chapter shall apply in an amount set by resolution of the Mayor and Common Council.
Section 2.
Section 8.30.130 of the San Bernardino Municipal Code is amended to
read as follows:
The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a
special assessment against the respective lot or parcel of land to which it relates; and, after it
recording, as thus made and confirmed, the same shall constitute a lien upon the property in the
amount of the assessment.
A. After the confirmation of the Report, a copy thereof shall be transmitted to the Code
Compliance Division, whereupon the amounts of the assessment or assessments shall be totaled
and added as a lien against the respective lots and parcels for municipal purposes in such
manner that thereafter the amounts shall be collected at the same time and under the same
procedures as for property taxes, and shall be subject to the same penalties and the same
procedures for foreclosure and sale in case of delinquency as provided for property taxes.
B. Fees for processing of demands for information regarding liens imposed under this
chapter shall apply in an amount set by resolution of the Mayor and Common Council.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.100, 8.30.130, 8.36.070, 12.64.020, AND 15.28.150 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTIONS 12.80.055 AND 12.80.100(C)
THROUGH (F) THERETO TO INCORPORATE INTO THE MUNICIPAL CODE
LANGUAGE CONTAINED IN THE MASTER FEE RESOLUTION, TO CLARIFY
THE PROCESS FOR OBTAINING A PERMIT TO CONSUME ALCOHOLIC
BEVERAGES IN A PARK, AND TO AUTHORIZE FEES RELATIVE TO
PROCESSING OF INFORMATION CONCERNING LIENS.
Section 3.
Section 8.36.070 of the San Bernardino Municipal Code is amended to
read as follows:
The Mayor and Common Council shall from time to time determine and fix an amount to be
assessed as administrative fees under this Chapter including fees for response to demands for
information regarding liens imposed hereunder.
Section 4.
Section 12.64.020 of the San Bernardino Municipal code is hereby
amended to read as follows:
A. No person shall use any public or private property, facility or residence for the purpose
of taking commercial motion pictures or television pictures or commercial still photography
without first applying for and receiving a permit from the City Manager.
B. No permit shall issue before such time as the applicant has completed a proper
application and paid the applicable fee. The City Manager, or his/her designee, is authorized to
issue a filming and/or still photography permit to any applicant fulfilling the requirements of
this Chapter.
Section 5.
Section 15.28.150 of the San Bernardino Municipal Code is amended to
read as follows;
A. The same procedures provided in Section 15.28.140 for abating nuisances through
securing from entry any structure which is determined by the Building Official to be
immediately dangerous or hazardous may be used by the Building Official in connection with
the summary. abatement of all other nuisances upon private property which the Building
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.100, 8.30.130, 8.36.070, 12.64.020, AND 15.28.150 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTIONS 12.80.055 AND 12.80.100(C)
THROUGH (F) THERETO TO INCORPORATE INTO THE MUNICIPAL CODE
LANGUAGE CONTAINED IN THE MASTER FEE RESOLUTION, TO CLARIFY
THE PROCESS FOR OBTAINING A PERMIT TO CONSUME ALCOHOLIC
BEVERAGES IN A PARK, AND TO AUTHORIZE FEES RELATIVE TO
PROCESSING OF INFORMATION CONCERNING LIENS.
Official determines in his discretion to constitute an immediately dangerous or hazardous
condition.
B. The Building Official or his representative may summarily abate conditions found to be
a nuisance under subsection (A) in his discretion in the most appropriate manner under the
circumstances.
I. The manner of abatement may include, but is not limited to, the following methods:
fencing, draining water from swimming pools and filling with appropriate ballast, removing the
fire hazards, filling or covering open holes and grading or strengthening landfills or
excavations.
2. Although the manner and method used by the Building Official shall be at his
discretion, he shall, in making his determinations, seek the most economical method and
endeavor not to place an undue economic hardship upon the owners ofthe property, using only
those measures which will eliminate the dangerous and hazardous conditions.
C. The Building Official shall immediately after such abatement action mail notice to the
owners as provided in Section 15.28.140. The notice shall include:
(1) a description of the action he has taken;
(2) the cost thereby incurred by the City, including all administrative costs;
(3) the reasons why he has taken the action;
(4) that an appeal may be taken within ten days to the Board of Building Commissioners as
provided in Section 15.28.140; and
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.100, 8.30.130, 8.36.070, 12.64.020, AND 15.28.150 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTIONS 12.80.055 AND 12.80.100(C)
THROUGH (F) THERETO TO INCORPORATE INTO THE MUNICIPAL CODE
LANGUAGE CONTAINED IN THE MASTER FEE RESOLUTION, TO CLARIFY
THE PROCESS FOR OBTAINING A PERMIT TO CONSUME ALCOHOLIC
BEVERAGES IN A PARK, AND TO AUTHORIZE FEES RELATIVE TO
PROCESSING OF INFORMATION CONCERNING LIENS.
(5) that if this action is not annulled by the Board of Building Commissioners, the cost of
abating the nuisance on the property shall become a special assessment and lien on the property
unless the cost is paid to the City within thirty days of the mailing of the notice.
D. Fees for processing of demands for information regarding liens imposed under this
chapter shall apply in an amount set by resolution of the Mayor and Common Council.
E. The procedures hereunder for appeal, hearing, and any other actions shall be as
provided in Chapter 3.68 for determination and collection of the assessment for costs of
abatement.
Section 6. Section 12.80.055 is hereby added to the San Bernardino Municipal Code to
read as follows:
12.80.055 Consumption of Alcohol in a Public Park - Permit required
A. The drinking or consumption and/or the offering, giving, or furnishing of alcoholic
beverages may be authorized by written permit from the City Manager or his designee in any
building or park for special events, meetings, conferences or conventions. Such permit shall be
requested in writing. The permit, if granted, shall be subject to conditions set forth therein and
to all rules, regulations and ordinances of the City and the general law. Any permit granted
hereunder may be modified or summarily revoked at any time by the Mayor, Common Council,
City Manager or Chief of Police without prior notice or hearing.
I. Any person, firm, corporation, society or organization applying for a permit under this
section shall file an application for same with the Director pursuant to the procedures set forth
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.100, 8.30.130, 8.36.070, 12.64.020, AND 15.28.150 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTIONS 12.80.055 AND 12.80.100(C)
THROUGH (F) THERETO TO INCORPORATE INTO THE MUNICIPAL CODE
LANGUAGE CONTAINED IN THE MASTER FEE RESOLUTION, TO CLARIFY
THE PROCESS FOR OBTAINING A PERMIT TO CONSUME ALCOHOLIC
BEVERAGES IN A PARK, AND TO AUTHORIZE FEES RELATIVE TO
PROCESSING OF INFORMATION CONCERNING LIENS.
in Section 12.80.060, and shall in addition, clearly set forth in the application at a minimum;
(I) the intent to offer, give or furnish alcoholic beverages during the event described in the
application for permit, (2) the quantity of alcohol proposed to be distributed, and (3) the
manner for climtrol of the distribution of alcohol at the event, and (4) such additional
information as may be required by the City Manager or his designee.
2. Separate and apart, any permit issued hereunder shall be subject to such processing and
regulation as required by the California Department of Alcoholic Beverage Control.
3. Any use permitted hereunder shall be limited to the consumption of beer and wine.
Section 7.
Subsection 12.80.100 (C) through (F) are hereby added to the San
Bernardino Municipal Code to read as follows:
C. Waivers and Exemptions:
I. The following groups shall pay no fees for a permit:
a. Parks, Recreation and Community Services Department sponsored activities.
b. Parks, Recreation and Community Services Department co-sponsored activities.
c. The Mayor or his designee may exempt non-profit associations and corporations
organized primarily for patriotic, civic betterment or charitable purposes or any local civic or
charitable organization from the requirement to pay a fee for the use of park and recreation
buildings and facilities upon a finding that the fee would create a financial hardship
jeopardizing the activity or event planned for such use and that the activity or event will be of
unusual benefit to the residents of the City and should be supported with public funds.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.100, 8.30.130, 8.36.070, 12.64.020, AND 15.28.150 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTION 12.80.055 AND 12.80.100(C) THROUGH
(F) THERETO TO INCORPORATE INTO THE MUNICIPAL CODE LANGUAGE
CONTAINED IN THE MASTER FEE RESOLUTION, TO CLARIFY THE PROCESS
FOR OBTAINING A PERMIT TON CONSUME ALCOHOLIC BEVERAGE IN A
PARK, AND TO AUTHORIZE FEE RELATIVE TO PROCESSING OF
INFORMATION CONCERNING LIENS.
(1). The word 'local as used herein is defined to mean an organization whose membership is
comprise of fifty-one percent (51 %) of city residents.
(2). As a condition of exemption, the association, corporation, organization or goup seeking
exemption may be required to perform services or provide labor beneficial to the City or its
residents.
2. The following groups shall pay reduced fees in the amount as specified:
a. The san Bernardino City Unified School District shall pay fifty percent (50% of the
established rates.
b. Non-profit, youth-serving organization located permanently in and serving the City of San
Bernardino are those organizations whose principal purpose is to provide a service or program
to participants, generally under the age of 18, of which at least 51 percent (51 %) reside in the
City of San Bernardino. Groups in this classification shall pay not fee for use of outdoor
athletic facilities.
D. Refundable damage bonds and clean-up deposits
Refundable damage bonds and clean-up deposits shall be required for all special events, athletic
events, fundraisers and other events which warrant such bonds and deposits based on specific
number of people and uses of facilities and equipment.
E. Refundable deposits
Refundable deposits held pursuant to this ordinance may be refunded in full or in part within
fourteen (14) days after completion of the use period. No refund shall be made until using
party
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.100, 8.30.130, 8.36.070, 12.64.020, AND 15.28.150 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTIONS 12.80.055 AND 12.80.100(C)
THROUGH (F) THERETO TO INCORPORATE INTO THE MUNICIPAL CODE
LANGUAGE CONTAINED IN THE MASTER FEE RESOLUTION, TO CLARIFY
THE PROCESS FOR OBTAINING A PERMIT TO CONSUME ALCOHOLIC
BEVERAGES IN A PARK, AND TO AUTHORIZE FEES RELATIVE TO
PROCESSING OF INFORMATION CONCERNING LIENS.
or groups has secured a signed inspection and release form from the appropriate facility
manager, and delivered this executed release form to the Parks, Recreation and Community
Services Department. Deductions for any damage to the facility or for clean up and repairs
shall be made from the said deposit by City.
F. Utilization of City Employees.
During any event when a City employee or employees are required to be present for the
purposes of clean up, monitoring, etc., a fee shall be paid equivalent to the total cost of said
employees.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
8.27.100, 8.30.130, 8.36.070, 12.64.020, AND 15.28.150 OF THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SECTIONS 12.80.055 AND 12.80.100(C)
THROUGH (F) THERETO TO INCORPORATE INTO THE MUNICIPAL CODE
LANGUAGE CONTAINED IN THE MASTER FEE RESOLUTION, TO CLARIFY
THE PROCESS FOR OBTAINING A PERMIT TO CONSUME ALCOHOLIC
BEVERAGES IN A PARK, AND TO AUTHORIZE FEES RELATIVE TO
PROCESSING OF INFORMATION CONCERNING LIENS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j t reg meeting thereof, held on the
1st day of June , 2009, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
-
BAXTER X
BRINKER X
-
SHORETT -L
KELLEY X
JOHNSON X
MCCAMMACK X
-
2009.
C{~~.~
City Clerk
~ day of June
The foregoing resolution is hereby approved this
~~"''''
a k J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
By:k t ~~
()
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