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HomeMy WebLinkAbout30- Ordinance 0- 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.30.140 AND SECTION 15.28.020 OF THE SAN BERNARDINO MUNICIPAL 3 CODE RELATING TO PROCEDURES FOR THE ABATEMENT OF PROPERTY NUISANCES. 4 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Section 8.30.140 of the San Bernardino 8 Municipal Code is hereby designated as Subsection A of said 9 Section 8.30.140, and Subsection B is hereby added to read as 10 follows: 11 "B. In the case of an emergency abatement under 12 Section 8.30.150, or in the case of a building ordered 13 vacated prior to a hearing pursuant to Section 403( 2) 14 of the Uniform Code for the Abatement of Dangerous 15 Buildings, the City Attorney may take immediate steps 16 to abate the nuisance by means of a civil action for 17 appropriate injunctive relief. In the event such an 18 action is filed, the City Attorney shall seek, as 19 expeditiously as possible, a judicial determination 20 whether the premises should remain vacated pending 21 final disposition of the case. If in the course of 22 the action there is a judicial determination that 23 insufficient evidence exists to sustain a preliminary 24 or permanent injunction requiring the premises to 25 remain vacated, then the order requiring the affected 26 premises to be vacated shall be rescinded forthwith. 27 The rescission of the order shall be without prejudice 28 to such further proceedings as may be appropriate for RJM:ms[Abatement.Ord] 1 June 30, 1993 30 ANVIL tr it j abatement of any nuisance conditions found on the 2 premises. The procedures provided in Sections 3 8.30.030 through 8.30. 130 of this Chapter need not be 4 complied with in the event that a civil action is 5 instituted as provided herein. " 6 SECTION 2. Section 15.28.020 of the San Bernardino 7 Municipal Code is hereby amended as follows: 8 1115.28.020 Uniform Code for the Abatement of Dangerous Buildings -- Amended. 9 10 "Section 505 is hereby added to the Uniform Code 11 for the Abatement of Dangerous Buildings, to read: 12 "Sec. 505. In addition to the 13 procedures for appeals, hearings, 14 enforcement of orders, and abatement 15 specified in this Code, and, as an 16 alternative procedure thereto, the 17 procedure set forth in Chapter 8.30 of the 18 San Bernardino Municipal Code, including, 19 without limitation, the procedures set 20 forth in Section 8.3O. 14O.B, may be 21 employed. " 22 23 24 25 26 27 28 RJM:ms[Abatement.0rd] 2 June 30, 1993 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 8.30.140 AND SECTION 15.28.020 OF THE SAN BERNARDINO MUNICIPAL 2 CODE RELATING TO PROCEDURES FOR THE ABATEMENT OF PROPERTY NUISANCES. 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of 1993, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE 10 CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 OFFICE VACANT 14 POPE-LUDLAM 15 MILLER 16 17 18 City Clerk 19 20 The foregoing Ordinance is hereby approved this day 21 of 1993. 22 Tom Minor, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 28 By: JM: [Abatement.0rd) 3 June 30, 1993 C I T Y O F S A N B E R N A R D I N O INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE DATE: July 16, 1993 TO: Honorable Mayor and Members of the Common Council FROM: Rachel Clark, City Clerk SUBJECT: Agenda Item No. 30 - Council Meeting of July 19, 1993 COPIES: Shauna Clark, City Administrator; City Attorney James Penman ---------------------------------------------------------------- I would like to request that Item 30 be pulled from the Consent Calendar for the following reason. Item No. 30 appears as a Final Reading for "An Ordinance of the City of San Bernardino Amending Section 8.30. 140 and Section 15.28 . 020 of the San Bernardino Municipal Code relating to procedures for the abatement of property nuisances" ; however, it is in fact an agenda item which was continued from July 6, 1993 . Therefore, the appropriate motion for Item No. 30 should be the one recommended in the memorandum of June 29, 1993 from Richard J. Morillo of the City Attorney's Office which reads as follows: "That further reading of the ordinance be waived and it be laid over for final adoption and a public hearing to be held on August 2, 1993". I would like to explain that at the time the agenda was prepared for the meeting of July 6, 1993 , the City Clerk's Office had not received the City Attorney' s staff report. Therefore, the item was placed on the agenda for a first reading. Normally, the second reading would follow at the subsequent meeting. However, the actual motion submitted by the City Attorney' s Office requested that a public hearing be held on August 2 , 1993 . As a result the matter was continued to the meeting of July 19. If it is the desire of the Council to proceed with adoption of the Ordinance, then the form motion can be adopted thereby approving the first reading and laying over for final adoption and public hearing on August 2nd. Rachel Clark City Clerk �� Q