HomeMy WebLinkAbout40- City Attorney '7ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Richard J. brillo Subject: An Ordinance of the City of San Bernardino
m: Amending Section 8.30.140 and Section 15.28.020
of the San Bernardino Municipal Code Relating to
A: City Attorney Procedures for the Abatement of Property
e: June 29, 1993 Nuisances
opsis of Previous Council action:
/91 -- ORDINANCE NO. MC-807, amending Chapter 8.30 of the San Bernardino Municipal
Code Relating to the Abatement of Property Nuisances and Streamlining the
Administrative Procedures for Liens and Special Assessments and Repealing
Chapter 3.33
/93 -- ORDINANCE N0. MC-880, adopting various uniform codes by reference including
the Uniform Code for the Abatement of Dangerous Buildings
.ommended motion:
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.
Signature
Richard J. Vbrillo
ntact person: Richard J.. A)rillo Phone: 5355
pporting data attached: Ward:
INDING REQUIREMENTS: Amount:
Source: (Acct. No.)
jAcct Description)
Finance:
uncil Notes:
"ITY OF SAN BERNARDINO - REQUEST FGA COUNCIL ACTION
STAFF REPORT
The purpose of the proposed ordinance is to further streamline
and improve procedures for abating public nuisances, particularly
those found in residential properties.
The municipal code presently provides that alternative
remedies may be employed to abate property nuisances. This
ordinance will provide in addition that when property is ordered
vacated prior to a hearing, the City Attorney may immediately
commence a civil action and seek a judicial determination on the
propriety of the closure. In the event a judge determines the
evidence does not support injunctive relief for continued closure
of the premises, the order closing the premises would be rescinded
and the owner permitted to reoccupy. All of this would be without
prejudice to further action, as appropriate.
On June 7, 1993, the council approved on second reading
Ordinance No. 880 which adopted various uniform codes, including
the Uniform Code for Abatement of Dangerous Buildings ( "the
UCADB" ) . However, the ordinance as adopted deleted the procedural
provisions of the UCADB. The deletion creates an inconsistency in
the municipal code because Chapter 8.30 refers to the UCADB
procedures as among those available for abatement of nuisances.
This ordinance would correct the inconsistency by making the UCADB
abatement procedures part of the City' s code enforcement arsenal.
Because the ordinance in part relates to adoption of a uniform
code, it is necessary that a public hearing be held. State law
permits the public hearing to be conducted at the time of final
reading. Thus, the action requested is to waive further reading of
the ordinance and lay the matter over for final reading and a
public hearing to be held on August 2, 1993.