HomeMy WebLinkAboutMC-1015
Adopted: January 26, 1998
Effective: February 27, 1998
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ORDINANCE NO. Me-I 01 ~
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3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND
4 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF
5 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS
PERTAINING THERETO, AND EXPENSES OF ABATEMENTS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS
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SECTION 1. Section 15 16065 of the San Bernardino Municipal code is hereby added
as follows:
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15.16.065 Commencement of Proceedings
Whenever the Fire Chief or his/her designated representative reasonably believes
a violation of the Uniform Fire Code exists, he/she shall commence abatement proceedings in
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accordance with Chapter 8.30 of the San Bernardino Municipal Code. All hearings shall be
conducted by the Fire Chief or his/her designee ("Hearing Officer"). The Hearing Officer may hear
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matters pertaining to both Uniform Fire Code violations and/or public nuisance violations as
enumerated in Section 8.30 010
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SECTION 2. Section 15 16066 of the San Bernardino Municipal Code is hereby added
as follows:
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15.16.066 Emergency Abatement/Closure Procedure
A. Not withstanding any other provision of this Chapter with reference to the
Abatement of Uniform Fire Code violations, whenever the Fire Chief or
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his/her duly authorized representative determines that property, a building
or structure is structurally unsafe, or constitutes a fire hazard, or endangers
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the life, health, property or safety of the public or its occupants, and such
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condition constitutes an immediate hazard or danger, he or she shall,
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immediately and forthwith abate the existing public nuisance, including but
not limited to the closure of the property
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1
Me-1015
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND
2 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF
3 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS
PERTAINING THERETO, AND EXPENSES OF ABATEMENTS.
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B In lieu of the summary abatement hearing procedures for Dangerous
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Buildings in Section 15.28 140, the Fire Chief or his/her duly authorized
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representative shall mail, immediately after such emergency
abatement/closure, a Notice of Hearing to the owners of the real property
upon which the structure is located. Notice shall be mailed to the address
as ascertained from title company records, the latest assessment roll of the
County Assessor, or if no address is so shown, to the address of the
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property as such address may be known by the Fire Chief or duly authorized
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representative. Such notice shall contain the following information.
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I) that a Hearing has been scheduled within twenty (20) days of
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such emergency abatement/closure action before the Fire Chief or his/her
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designee ("Hearing Officer") with the date, time and location of such
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Hearing;
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2) that emergency action was taken with regards to the property;
3) the reason why he/she has taken the action
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At the Hearing, the Hearing Officer shall consider all relevant evidence,
including, but not limited to, applicable staff reports. He or she shall give
any interested person a reasonable opportunity to be heard in conjunction
therewith. Based upon the evidence so presented, the Hearing Officer shall
determine whether the emergency action was warranted. The hearing shall
not be conducted according to formal rules of evidence or procedure, but
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shall be conducted in a manner generally complying with the Administrative
Procedure Act at Government Code Section 11370, et seq.
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III
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2
Me-1015
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND
2 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF
3 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS
PERTAINING THERETO, AND EXPENSES OF ABATEMENTS.
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C The expense of the abatement shall be itemized and after a hearing, notice
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of which is given in substantial compliance with Section 8.30 040, relating
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to the emergency nature of the abatement and the expenses incurred
constitute a special assessment and lien against the abated parcel as set forth
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in 99830110,830120 and 830130
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SECTION 3. Section 15 16075 of the San Bernardino Municipal Code is hereby
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amended as follows:
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15.16.075 Applicant Appeals
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Section 103 14 I of the Uniform Fire Code is amended to read as follows:
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103 141
The applicant may appeal the Hearing Officer's denial, suspension
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or revocation of a pennit or his interpretation of this code to the Board of Building Commissioners
within ten days from the date of notice of the decision in accordance with the provisions of 99
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8.30070, 8.30080 and 8.30 090 The Board of Building Commissioners shall render its decision
and findings in writing to the Fire Chief with a duplicate copy to the applicant.
103 I 4 I I When appeals are filed, a processing fee in an amount established
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by resolution of the Mayor and Common Council shall be paid by the applicant to research and
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process the appeal. The fee shall be paid to the City Clerk.
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III
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Me-1015
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND
2 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF
3 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS
PERTAINING THERETO, AND EXPENSES OF ABATEMENTS.
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5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on
7 the ~ day of January , 1998 by the following vote, to wit:
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Council Members: AYES
NEGRETE ~
CURLIN ---1L
ARIAS --.lL
OBERHELMAN ---1L
DEVLIN x
ANDERSON ---1L
MILLER ---1L
NAYS ABSTAIN ABSENT
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'~ J ("; i
, . L-<.A ;). ,{,<"L4c.
City rk
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The foregoing ordinance is hereby approved this 2lL day of January , 199'.~.
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,~,. m~
Norine Miller, ~ayor Pro Tern
City of San Bernardino
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Approved as to
form and legal content:
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JAMES F PENMAN,
City Attorney
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