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HomeMy WebLinkAbout10-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION , From: .lames F. Penman, City Attorney Depl: City Attorney or' ,",,,", I Ii 1..." j ~ i, L Subject: Ordinance ofthe City of San Bernardino Amending Chapter 3.68 of the San Bernardino Municipal Code to shift the assessment oflien responsibilities to Code Compliance and the City's Hearing Officer. Date: .luly 20, 2000 Synopsis of Previous Council action: For 3.68.010: Ord. MC-800, 7-1-91; Ord. MC-237, 12-20-82; Ord. MC-176, 7-6-82 For 3.68.015: Ord. MC-777, 4-1-91 For 3.68.020: Ord. MC-204, 9-7-82; Ord. MC-176, 7-6-82 For 3.68.030: Ord. MC-176, 7-6-82 For 3.68.040: Ord. MC-176, 7-6-82 For 3.68.050: Ord. MC-176, 7-6-82 Recommended motion: That said ordinance be laid over for final adoption. ---&~ll;J~J Sign re ./ ' Contact person: Suzanne Brvant Phone: 5355 Supporting dala attached: Staff Report Ward: ALL FUNDING REQUIREMENTS: Amount: NONE Source: (Ace!. No.) (Ace!. Description) Finance: 2' :II:> Council Notes: !'?-<7UI e<>sc1x/;1I/oc, '-'6 7:,.(}262 Agenda He -:t /D 9/~)1OV STAFF REPORT Council Meeting Date: August 21, 2000 TO: FROM: DATE: AGENDA: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney July 20, 2000 August 21, 2000 Ordinance of the City of San Bernardino Amending Chapter 3.68 of the San Bernardino Municipal Code to shift the assessment of lien responsibilities to Code Compliance and the City's Hearing Officer. Recently, the lien process was transferred from the City Clerk's office to the Code Compliance Division. The following proposed amended chapter 3.68 of the Municipal Code will reflect the current procedures now being used to impose and assess liens for nuisance abatements. Currently, Municipal Code chapter 3.68 places the responsibility of imposing assessments for nuisance abatements with the Board of Building Commissioners. The attached amended chapter shifts this responsibility to the Hearing Officer. The Board of Building Commissioners will then have the duty of confirming by resolution the assessments instead of the Mayor and Common Council. After the Board of Building Commissioners confirms the assessment, the Code Compliance Division will record the lien with the Recorder of San Bernardino County. Currently, the City Clerk has been recording the liens with the County Recorder. The proposed amendments reflect the current process for assessment and recordation of liens and gives the Code Compliance Division more control over the administration of costs it incurs abating a nuisance and centralizes the process resulting in gained efficiency. Furthermore, the Account Clerk in the City Clerk's Office Administrative Division who had been administering the lien program and processing all liens assessed on unpaid costs for abatements has retired and the duties have been transferred to the Code Compliance Division's Account Clerk. The following proposed changes to Municipal Code chapter 3.68 meets three goals: (I) placing the duty of assessing abatement costs with the Hearing Officer; (2) placing the assessment confirmation process with the Board of Building Commissioners; and (3) placing the processing of the liens with the Code Compliance Division instead of with the City Clerk's office. It is therefore recommended that the attached amended chapter 3.68 be adopted. 5MBltbm [368.sr] ~(Q)[Pv ORDINANCE NO. 1 C 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE 4 SHIFT IN RESPONSIBILITIES FOR ASSESSING LIENS TO CODE COMPLIANCE AND THE CITY'S HEARING OFFICER. \... 5 6 THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 8 SECT! ON 1. Section 3.68.0 I 0 of the San Bernardino Municipal Code is hereby amended to read as follows: 9 10 Section 3.68.010 Notice of Hearing of Assessments. 11 A. Whenever, pursuant to any state statute or City ordinance, it is provided that costs incurred 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 shall file a notice and itemization of the charges, declared to be true and correct, to be assessed against each specific parcel with the Hearing Officer of the City of San Bernardino. The notice shall identify the property to be assessed by the street designation and assessor's parcel number and shall name the owners and encumbrancers as ascertained from the latest title records or other sources. B. A bill for the costs shall be mailed to the property owner of record at the address shown 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 Code Compliance Division, with a notice of the time and date on which the Hearing Officer will hold a hearing to hear and 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 filed in writing five days in advance of the hearing. C. At the hearing, based upon the evidence presented, the Hearing Officer shall determine the amount to be assessed against any parcel and the time of payment. Any payment not paid when due or paid in installments as may be allowed by the Code Compliance Division shall bear interest at the rate of twelve percent (12%) per annum. The decision of the Hearing Officer shall be final, subject to appeal to the Board of Building Commissioners in accordance with Chapter 2.64. \\\ \\\ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5MB/thmI36R.llrd] 1 1 SECTION 2. Section 3.68.015 of the San Bernardino Municipal Code is hereby amended to read 2 as follows: 3 Section 3.68.015 Costs of Abatement. 4 5 A. Whenever. pursuant to any state statute or City ordinance. it is provided that costs incurred 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 shall file a notice and itemization of the charges. declared to be true and correct. to be assessed against each specific parcel with the Hearing Officer of the City of San Bernardino. The notice shall identify the property to be assessed by the street designation and assessor's parcel number and shall name the owners and encumbrancers as ascertained from the latest title records or other sources. B. A bill for the costs shall be mailed to the property owner of record at the address shown 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 Hearing Officer, with a notice of the time and date on which the Hearing Officer will hold a hearing to hear and 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 filed in writing five days in advance of the hearing. C. At the hearing. based upon the evidence presented, the Hearing Officer shall determine the amount to be assessed against any parcel and the time of payment. Any payment not paid when due or paid in installments as may be allowed by the Hearing Officer shall bear interest at the rate of twelve percent (12%) per annum. The decision of the Hearing Officer shall be final, subject to appeal to the Board of Building Commissioners in accordance with Chapter 2.64. III III III III \\1 \\1 \\1 \\1 \\1 \\1 \\1 \\1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5MBitolll]36X.llrd] 2 1 2 SECTION 3. Section 3.68:020 of the San Bernardino Municipal Code is hereby amended to read as follows: 3 4 Section 3.68.020 Confirmation of Assessments by Board of Building Commissioners. Recordation of Tax Lien and Collection thereof. 5 6 A. A notice of the decision by the Hearing Officer of assessments to be charged shall be filed with the Code Compliance Division, who shall place the notice on the agenda of the Board of Building Commissioners for confirmation by resolution. B. After confirmation of the assessments by the Board of Building Commissioners or upon decision of the Board of Building Commissioners of an appeal, a notice of lien for the amounts determined to be owed for abatement shall be recorded with the Recorder of San Bernardino County by the Code Compliance Division. The City may additionally directly bill the owner for payment. The direct billing procedure is discretionary 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 Code Compliance Division to the property owner or the person paying the charges. C. A copy of the resolution of the Board of Building Commissioners confirming or deciding any assessments shall forthwith be certified by the Code Compliance Division to the Auditor of San Bernardino County and the assessments shall constitute special assessments against and a lien upon the property to be entered on the assessment roll and added to the next regular tax bill levied against and a lien upon the property to be entered on the assessment roll and added to the next regular tax bill levied against the parcel and collected in the same manner as other municipal taxes and subject to the same penalties and procedure under foreclosure and sale in case of delinquency. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 SECTION 4. Section 3.68.030 of the San Bernardino Municipal Code is hereby amended to 23 read as fol[ows: 24 Section 3.68.030 Time which to contest assessment. 25 26 The validity of any as'sessment decided by the Hearing Officer and confirmed by the Board of Building Commissioners 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. 27 28 5MB/thmIJ6~.ordJ 3 1 SECTION 5. Section 3.68.040 of the San Bernardino Municipal Code is hereby amended to read 2 as fol[ows: 3 Section 3.68.040 Collections of Assessment - Penalties for Delinquency. 4 5 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 Hearing Officer has determined that the assessment shall be paid in installments, each installment 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. 6 7 8 9 10 11 12 SECTION 6. Section 3.68.050 of the San Bernardino Municipal Code is hereby amended to read as follows: 13 14 Section 3.68.050 Determination of Cost of Abating Nuisance Conclusive Evidence of Existence. 15 The action of the Board of Building Commissioners in confirming the cost of abating such nuisance shall be conclusive 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. \\1 \\1 \\1 \\1 1\\ \\1 \\1 \\1 \\1 \\1 \\1 \\1 \\1 \\1 16 17 18 19 20 21 22 23 24 25 26 27 28 SMH/thmI368.ord] 4 c c c 22 23 24 25 26 27 28 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.68 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE SHIFT IN RESPONSIBILITIES FOR ASSESSING LIENS TO CODE COMPLIANCE AND THE CITY'S HEARING OFFICER. 2 3 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the , 2000, by the following vote, to wit: day of 8 9 COUNCIL MEMBERS: ESTRADA LIEN MCGINNIS SCHNETZ AYES NAYS ABSTAIN ABSENT 10 11 12 13 14 SUAREZ 15 ANDERSON 16 McCAMMACK 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing ordinance is hereby approved this ,2000. day of 21 JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: .lAMES F. PENMAN, City Attorney cr 7P___ 5MBllhm[36S,ord] 5 ':~~r' , -', ,.,' ~l.r.A it: '. * *F4:)R OFFICE USE OHL Y - HOY,A PUBLIC DOCUMENT** /;" '. . , ..S~~ OF SA~~~~ARDI:d~~~J ClE~~;~-:bj:;~~ ~"~~!~t:!;:r.;>;i"4G RECORDS & INFORMATION MANAGEMENT PROGRAM ..' ~::~~~-:r:. '~~.-~~:f::~:';':' """0.' AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: 9-5-00 Item No. /0 Resolution/Ordinance No. /J1C -Ioiro Ordinance Urgency: Yes Effective Date: / () _or;, - 00 Termination/Sunset Date: Ayes: 2.:5 ~ S CS "1 , / / Abstain; -e-- Date Sent to Mayor: 9 / ~ 'f:;! Date of Mayor's Signature: I ~ ~ () t) Date Summary Sent to Attorney: 9/(;, I () " Date Published: q - /3 - 0 [) " Meeting Type: 9~ ~.--.J Continued FromfTo & Item No. GJ A.-lo Nays: Absent: -8'- ~/ Vote: Date Returned from Mayor: 9.{..& Ltl tJ Date of Clerk's Signature: 0/->10 tJ Date Summary Returned from Attorney: q.f(-OO .0. n--, V Date Seal Impressed: q- 7-0 () Date Sent for Signature: Expiration Date: Copies Distributed To' ) I)-I- '........,., ~...:. e-,(~ 6. --<---.' ..-/ ./ Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: ~J~ /~~ - ~ <=tit /O{) tJ.J . -'--" No Ready to File: Date: DOCUMfNT lOCATIOJtrt: fOM6'AaIfIda.... T..oinI fomI.CC '-NG. llt.l.M l../pdIB: 12J1M11!!6