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HomeMy WebLinkAbout10- 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 15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ENFORCEMENT-PENALTY Dept: City Attorney Date: September 1, 1998 ORIGINAL Synopsis of Previous Council action: Passage of Ordinance MC-619 on September 18, 1989. Recommended motion: That said ordinance be laid over for final adoption. - b 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: 75-0262 Agenda Item No._, /C 0�� /y� i 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 15.24.060 allows the city to enforce violations for property maintenance through a criminal citation process. The proposed amendment allows the city to also enforce violations alternatively via the civil court and administrative hearing forums. Furthermore, the proposed amendment enables the Court to order reimbursement to the City for its administrative costs and fees incurred in prosecuting enforcement of this Chapter. 1 ORDINQ99V • 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 4 ENFORCEMENT-PENALTY 5 SECTION 1 . SECTION 15 .24 . 060 IS HEREBY AMENDED TO READ AS FOLLOWS: 6 15 .24 . 060 Enforcement-Penalty. 7 A. Nothing in this Chapter shall be 8 deemed to prevent the City Attorney from commencing a civil action to abate 9 a nuisance in addition to, alternatively to, or in conjunction 10 with the proceedings set forth in this Chapter; nor shall anything in this 11 Chapter be deemed to prevent the City from commencing a criminal action with 12 respect to the nuisance in addition to, alternatively to, or in conjunction 13 with the proceedings set forth in this • Chapter, or other ordinance, statute or 14 state law. 15 B . Any person who violates or causes the violation of any provision of the 16 Chapter shall be deemed guilty of an infraction, which upon conviction 17 thereof is punishable in accordance with the provisions of Section 1 . 12 . 010 18 of this Code . 19 C. Payment of any fine or service of a jail sentence herein provided shall 20 not relieve a person, firm, partnership, corporation, or other 21 entity from the responsibility of correcting the condition, resulting 22 from the violation. In addition to the above penalties the Court may order 23 that the guilty party reimburse the City for all of its costs of 24 investigating , analyzing, and prosecuting the enforcement action 25 against the guilty party; the Court shall fix the amount of any such 26 reimbursement upon submission of proof • of such costs by the City. 27 28 1 • 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 15.24.060 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO 2 ENFORCEMENT-PENALTY 3 I 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 • 14 MILLER 15 16 Rachel G. Clark, City Clerk 17 18 The foregoing ordinance is hereby approved this—day of , 1998. 19 20 21 JUDITH VALLES, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, City Attorney 25 26 By 9 jL21 • 27 28 2