HomeMy WebLinkAbout09- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SECTION
8.30.140 OF THE SAN BERNARDINO
MUNICIPAL CODE
ORIGINAL ALTERNATE METHODS OF RELATINGTO
ENFORCEMENT
Dept: City Attorney
Date: September 1, 1998
Synopsis of Previous Council action:
Passage of Ordinance MC-807 on September 16, 1991.
Recommended motion:
That said ordinance be laid over for final adoption.
Signature
Contact person: Jolena E. Barnes. Deputy Attorney Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: None.
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: 7
75-0262 Agenda Item No._ /
STAFF REPORT
Council Meeting Date: September 8, 1998
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: September 1, 1998
AGENDA: September 8, 1998
Currently, San Bernardino Municipal Code Section 8.30.140 delineates alternate methods
of enforcement for public nuisances, which include criminal, civil and/or administrative
enforcement. The proposed amendment would enable the Court to order reimbursement to the
City for its administrative costs and fees incurred in prosecuting enforcement of this Chapter.
OUT
• 1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ANIENDING SECTION
8.30.140 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALTERNATE
3 METHODS OF ENFORCEMENT
4 SECTION 1 . SECTION 8 . 30 . 140 IS HEREBY AMENDED TO READ AS
FOLLOWS :
5
8 .30 . 140 ALTERNATE METHODS OF ENFORCEMENT
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A. Nothing in this Chapter shall be
7 deemed to prevent the City Attorney
from commencing a civil action to abate
8 a nuisance in addition to,
alternatively to, or in conjunction
9 with the proceeding set forth in this
Chapter; nor shall anything in this
10 Chapter be deemed to prevent the City
from commencing a criminal action with
11 respect to the nuisance in addition to,
alternatively to, or conjunction with
12 the proceedings set forth in this
Chapter, or other ordinance, statute ,
13 or state law.
• 14 B . Payment of any fine or service of
a jail sentence herein provided shall
15 not relieve a person, firm,
partnership, corporation, or other
16 entity from the responsibility of
correcting the condition, resulting
17 from the violation. In addition to the
above penalties the Court may order
18 that the guilty party reimburse the
City for all of its costs of
19 investigating, analyzing, and
prosecuting the enforcement action
20 against the guilty party; the Court
shall fix the amount of any such
21 reimbursement upon submission of proof
of such costs by the City.
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• 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.30.140 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ALTERNATE
2 METHODS OF ENFORCEMENT
3 1 HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof, held on
5 the_day of , 1998, by the following vote, to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 ESTRADA
8 LIEN
9 ARIAS
10 SCHNETZ
11 DEVLIN
12 ANDERSON
13 MILLER
• 14
15
Rachel G. Clark. City Clerk
16
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The foregoing ordinance is hereby approved this day of , 1998.
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20
JUDITH VALLES, Mayor
21 City of San Bernardino
22 Approved as to
form and legal content:
23
JAMES F. PENMAN,
24 City Attorney
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By: 1 7 1 I ^.�L'Ylts�h
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