A. The Mayor and Common Council do hereby find and determine that in the area described in subsection E, there is a concentration of multifamily residential housing with an excessively high crime rate including robberies, shootings, murders, attempted murders, gang activity, and drug dealings, resulting in higher than usual demand for police services, and a high concentration of blight, resulting in a higher than usual need for code enforcement, parking control, and other City services related to blight reduction.
B. In the area described in subsection E it is hereby determined that the excessive demand of City service is a cost that should not be borne by the general tax payers of the City, but should be the responsibility of those most directly involved who are responsible for the conditions which allow such circumstances to exist and who have the best opportunity to alleviate the problem.
C. The Mayor and Common Council do hereby further find and determine that the existence of an effective home owner's association tends to mitigate and reduce the existence of the types of crime and blight described in Subsection A due to being closer to the situation and directly involved with the people who are affected by the adverse effects of crime and blight, and are the recipients of improvements in such situations, and due to the fact that those who own or reside in residential property have a greater incentive to care for that property and to make it a safe environment in which to live.
D. Therefore, in the area described in Subsection E the business registration certificate fee imposed on the operation of rental properties pursuant to San Bernardino Municipal Code Section 5.04.525.F shall be increased by the amount of $1,000 annually. Provided however, if the owner of such rental property joins an area-wide homeowners association approved by the Mayor and Common Council, and records Conditions, Covenants and Restrictions against the property as approved by the City Attorney, the amount as added by this Section shall no longer, such Conditions, Covenants and Restrictions shall relate to maintenance and landscaping standards, parking restrictions, security measures and the right of the homeowners association, or if such association fails to do so, of the City, to enforce such conditions by means of entry, summary abatement, lien and legal action.
E. The property to which this section shall apply is described as follows: Those portions of Tract No. 7106 as per plat thereof recorded in Book 90 of Maps, pages 61 and 62, Tract No. 6890 as per plat thereof recorded in Book 88 of Maps, pages 34 and 35, Shays Subdivision as per plat thereof recorded in Book 8 of Maps, page 44, Tract No. 6969 as per plat recorded in Book 90 of Maps, pages 59 and 60, Tract 13233 as per plat thereof recorded in Book 191 of Maps, pages 85 and 96, Tract No. 6647 as per plat thereof recorded in Book 86 of Maps, pages 30 and 31, Tract 12398 as per plat thereof recorded in Book 171 of Maps, pages 65 and 66, and Tract No. 10353 as per plat thereof recorded in Book 152 of Maps, pages 61 and 62, all records of the, County Recorder of said County lying within the following described land: Beginning at the intersection of the centerlines of Highland Avenue and Arden Avenue; thence South along the centerline of said Arden Avenue to the Easterly prolongation of the South line of that certain East/West alley lying South of and adjacent to the South lines of Lots 41 through 49 of said Tract No. 7106; thence West along said South line of said alley and its Westerly prolongation, to the centerline of McKinley Street; thence South along said centerline to the centerline of Roca Street; thence West along said centerline of Roca Street to the Northerly prolongation of the East line of that certain North/South alley lying East of and adjacent to the East line of Lot 9 of said Tract No. 12398; thence South along said East line of said alley to the South line of that certain East/West alley lying South of and adjacent to the South lines of Lots 1 through 9 of said Tract No. 12398; thence West along said South line of said alley, the Westerly prolongation thereof and along the South line of that certain East/West alley lying South of and adjacent to the South lines of Lots 19 through 32 of said Tract No. 6647, the Westerly prolongation thereof and along the South line of Lot I to said Tract No. 6647 and the Westerly prolongation thereof, to the centerline of Sterling Avenue; thence North along said centerline to the Westerly prolongation of the North line of that certain East/West alley lying North of and adjacent to the North line of Lots 1 through 13 of said Tract No. 10353; thence East along said prolongation and said North line of said alley and the Easterly prolongation thereof, to the centerline of Guthrie Street; thence North along said centerline, to the centerline of Highland Avenue; thence East along said centerline to the Point of Beginning.
(Ord. MC-817, 1-07-92)