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HomeMy WebLinkAboutMC-14851 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. MC -1485 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.16 ENTITLED "FIRE, REMOVAL, OR CLOSING -OUT SALES" WHEREAS, at the November 8, 2016 general election, the People of the City of San Bernardino adopted Measure L which amended the City of San Bernardino's Charter ("New Charter"); and WHEREAS, as a result of the New Charter, the City Council is adopting amendments to the San Bernardino Municipal Code ("Municipal Code") in order to bring it into conformity with the New Charter; and WHEREAS, in addition to amendments to the Municipal Code for conformity with the New Charter, staff is also presenting to the City Council some revisions to the Municipal Code that are appropriate due to the provisions' irrelevance, unconstitutionality, or otherwise no longer being necessary; and WHEREAS, the repeal of Chapter 5.16 of the San Bernardino Municipal Code entitled "Fire, Removal or Closing -Out Sales" which requires a permit and sets forth additional requirements for the "sale of goods, wares or merchandise as a fire, damage by fire or water, removal, close-out, liquidation, bankruptcy or other similar sales of goods, wares or merchandise" meets the criteria set forth above. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.16 of the San Bernardino Municipal Code entitled "FIRE, REMOVAL OR CLOSING -OUT SALES" is hereby repealed. SECTION 2. 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appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.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 3. 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 I 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty (3 0) days from and after the passage thereof, and prior to the expiration of fifteen (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 the same. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.16 ENTITLED "FIRE, REMOVAL, OR CLOSING -OUT SALES" 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 18a' day of April 2018, by the following vote, to wit: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS k(5) ABSTAIN ABSENT Georgean Hanna, CMt, City Clerk The foregoing Ordinance is hereby approved this 18th day of April 2018. r R. Carey Davi, Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: =6_�c 3