HomeMy WebLinkAboutMC-14691
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ORDINANCE NO. MC -1469
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING CHAPTER 6.14 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO ADMINISTRATIVE
CITATIONS
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the City Council in implementing the new charter provisions has
evaluated the assignment of various functions to committees, commissions, employees and
outside hearing officers; and
WHEREAS, the City Council desires to streamline certain processes, by eliminating
unnecessary levels of review or reassigning certain functions previously carried out by
committees or commissions; and
WHEREAS, changes in the law require modification of the provisions relating to the
time for seeking judicial review of administrative citation decisions.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.14 of the San Bernardino Municipal Code — Administrative
Citations is hereby amended in the following respects only:
Chapter 6.14
ADMINISTRATIVE CITATIONS
Sections:
6.14.010 Legislative Findings; Statement of Purpose
6.14.080 Request for Hearing on an Administrative Citation
6.14.100 Hearing Officer's Decision Final - Notice
6.14.110 Severability
6.14.010 Legislative Findings; Statement of Purpose
A. The Mayor and City Council hereby find that there is a need for an alternative
method of enforcement for certain violations of Title 6 of this Code and applicable state
codes. The Mayor and City Council further find that an appropriate alternative method of
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enforcement for animal control violations is an Administrative Citation Program as authorized
by Government Code section 53069.4, which is consistent with the City of San Bernardino's
authority as a Charter City.
B. The procedures established in this Chapter shall be in addition to criminal, civil, or
any other legal remedy established by law, which may be pursued to address violations of
Title 6 of the San Bernardino Municipal Code or applicable state codes.
C. It is the desire of the Mayor and City Council to secure compliance with Title 6 of
the San Bernardino Municipal Code. Such compliance is a matter of local concern and serves
an important public purpose.
D. Adoption of an Administrative Citation Program will achieve the following goals:
(1) To protect the public health, safety and welfare of the citizens of the City of
San Bernardino;
(2) To gain compliance with Title 6 of the San Bernardino Municipal Code in a
timely and efficient manner;
(3) To provide for an administrative procedure to request a hearing on the
imposition of administrative citations and fines; and,
(4) To provide an additional method to hold parties responsible when they fail
or refuse to comply with the provisions of Title 6 of the San Bernardino Municipal
Code.
6.14.080 Request for Hearing on an Administrative Citation
A. Time to file a Request for Hearing.
Any recipient of an administrative citation may contest the citation by
completing a Request for Hearing form and returning it to the City Clerk within fifteen
(15) days from the date the citation is served or deemed to have been served. A failure
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to file a timely Request for Hearing shall be deemed a waiver of the right to a hearing
on the citation and a failure to exhaust administrative remedies.
B. Hearing Officer.
The Hearing Officer shall be a neutral contracted by the City to hear such
matters.
C. Hearing procedure.
(1) No hearing to contest an administrative citation before a Hearing Officer
shall be held unless and until a Request for Hearing form has been completed and
submitted within the time limits set forth above.
(2) After receipt of the Request for Hearing form, a hearing before the Hearing
Officer shall be set for a date that is not less than fifteen (15), and not more than sixty
(60), days from the date that the request for a hearing is filed in accordance with the
provisions of this Chapter. The applicant shall be notified of the time and place set for
the hearing at least ten (10) days prior to the date of the hearing.
(3) The applicant shall be given the opportunity to testify and present evidence
concerning the administrative citation.
(4) Formal rules of evidence shall not apply.
D. The administrative citation and any additional documents submitted by the Animal
Control Officer, or other authorized officer, shall constitute prima facie evidence of
the respective facts contained in those documents.
E. If the Animal Control Officer, or other authorized officer, submits an additional
written report concerning the administrative citation to the Hearing Officer for consideration
at the hearing, then a copy of this report also shall be served by mail on the person requesting
the hearing at least ten (10) days prior to the date of the hearing.
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F. At least ten (10) days prior to the hearing, the recipient of an administrative citation
shall be provided with copies of the reports and other documents submitted or relied upon by
the Animal Control Officer, or other authorized officer. The hearing shall not be conducted
according to formal rules of evidence or procedure, but shall be conducted in a manner
generally consistent with the Administrative Procedure Act, Government Code §§ 11370, et
seq.
G. The Hearing Officer may continue the hearing and request additional information
from the issuing Animal Control Officer, or other authorized officer, or the recipient of the
administrative citation prior to issuing findings of fact and statement of decision.
H. Any person who has filed a "Request for Hearing" and has been notified of the time
and date for a hearing pursuant to this Chapter who does not appear at said hearing and does
not seek a continuance prior to the hearing shall be deemed to have waived the right to be
present at the hearing, and the hearing shall proceed in their absence.
I. Hearing Officer's Decision. After considering all of the testimony and evidence
submitted at the hearing, the Hearing Officer may immediately issue a verbal decision or may
issue a written decision within ten (10) working days of the hearing. The decision shall
include the reasons therefor and the amount of any fine imposed. Said decision shall also
include any conditions pertaining to the correction of the violation(s) and any time limits set
for said corrections. if a verbal decision is issued at the hearing, a written decision shall be
prepared by the Hearing Officer and mailed to the applicant within ten (10) working days of
the hearing. The effective date of the decision shall be the mailing date of the written decision
to the applicant.
6.14.100 Hearing Officer's Decision Final - Notice
An
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The decision of the Hearing Officer shall be issued in writing and shall be final,
I subject to the right to judicial review of any aggrieved party pursuant to by lilisig an appeal
with the Superior Court of the State of California, County of San Bernardino, in accordance
with the time lines and provisions set forth in Government Code § 53069.4.
6.14.110 Severability
The provisions of this Chapter are severable, and, if any sentence, section, phrase, word or
other part of the Title should be found to be invalid, such invalidity shall not affect the
remaining provisions, and the remaining provisions shall continue in full force and effect.
SECTION 2. Existing Sections 6.14.115 and 6.14.220 are hereby repealed.
SECTION 3. Except as modified herein, the remaining provisions of Chapter 6.14
shall continue in full force and effect.
SECTION 4. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 6. PUBLICATION. This Ordinance shall take effect and be in full
force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen
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(15) days from its passage shall be published once in a newspaper of general circulation, printed
and published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING CHAPTER 6.14 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO ADMINISTRATIVE
CITATIONS
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7'h day of March 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ X
BARRIOS k
VALDIVIA
k�5
SHORETT
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NICKEL
X
RICHARD k
MULVIHILL Y(M)
ABSTAIN ABSENT
/ C- -
Georgeann Wanna, CW, City Clerk
The foregoing Ordinance is hereby approved this 7th day of March 2018.
# ('�' �Iyv
R. Carey Davi/, Mayor
City of San rnardino
Approved as to form:
Gary D. Saenz, City Attorney
B�.
VA