HomeMy WebLinkAboutMC-982
Adopted: September 16, 1996
Effective: October 17, 1996
I ORDINANCE NO. MC-982
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING
3 SECTION 15.12.040 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120,
15.12.130, AND 15.12.140 TO THE SAN BERNARDINO MUNICIPAL CODE
4 RELATING TO EXTENDING THE COMPLIANCE DATES FOR UNREINFORCED
MASONRY BUILDINGS AND SIGN POSTING
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS
7 SECTION 1. Section 15 12.0405 C is hereby amended to read as follows:
8 "5 Order - Contents.
9 C. The order shall specify that the building has been determined by the
Building Official to be within the scope of this Chapter and, therefore, is
10 required to meet the minimum seismic standards of this Chapter The
order shall specify the rating classification of the building and shall be
11 accompanied by a copy of this Section (15 12.040), which sets forth the
owner's responsibilities and time limits for compliance."
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SECTION 2. Section 15 12.040 6.A. is hereby amended to read as follows:
"6 Enforcement.
A. Any building within the scope of this Chapter which does not
comply with the requirements of this Chapter within the time limits
as specified herein, is deemed to be a public nuisance. If the
owner in charge or control of the subject building fails to comply
with any order issued by the Building Official pursuant to this
Chapter within any of the time limits set forth in Table No A-I-G
(15 12.040, 2.), the Building Official shall verify that the record
owner of this building has been properly served. If the order has
been served on the record owner, then the Building Official shall
order the entire building vacated until such order has been
complied with. The owner may appeal this order to vacate to the
Board of Building Commissioners within 15 days."
SECTION 3. Section 15 12 100 is hereby added to Chapter 15 12 of the San Bernardino
22 Municipal Code relating to compliance extension for Class II buildings and sign posting, to read
as follows.
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"15.12.100- CLASS II BUILDINGS, COMPLIANCE
EXTENSION AND SIGN POSTING.
Notwithstanding any other provision in this Chapter, any
building owner who has received actual or constructive notice that
the building is an unreinforced masonry building, whether vacant or
occupied, that has been designated Class II by the Building Official
1
MC-982
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING
2 SECTION 15.12.040 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120,
15.12.130, AND 15.12.140 TO THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO EXTENDING THE COMPLIANCE DATES FOR UNREINFORCED
MASONRY BUILDINGS AND SIGN POSTING
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shall comply with the following:
a. On or before April 15, 1999 the building owner shall
submit a structural analysis, and plans and shall obtain a building
permit from the Building Official. Within 30 days of receiving
written notice of this section, said building owner shall post and
maintain in a conspicuous and unobstructed place at the entrance of
the building, a sign not less than 5" X 7" the following statement,
printed in not less than 30-point bold type:
'This is an unreinforced masonry building. Unreinforced masonry
buildings may be unsafe in the event of a major earthquake.'
b. If the sign provided for in subsection (a) is not posted or
maintained as required, the building owner shall vacate the premises as
required pursuant to Section 15 12.040 Subsection 6.A."
13 SECTION 4. Section 15 12.110 is hereby added to Chapter 15 12 of the San Bernardino
Municipal Code relating to compliance extension for Class III buildings and sign posting, to
14 read as follows.
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"15.12.110- CLASS III BUILDINGS, COMPLIANCE
EXTENSION AND SIGN POSTING
Notwithstanding any other provision in this Chapter, any
building owner who has received actual or constructive notice that
the building is an unreinforced masonry building, whether vacant or
occupied, that has been designated Class III by the Building Official
shall comply with the following:
a. The building owner shall receive I) an extension to April
15, 2000 to submit a structural analysis, and plans and 2) an
extension to April 15, 2001 to obtain a building permit from the
Building Official, provided that on or before April 15, 1997, said
building owner posts and maintains in a conspicuous and
unobstructed place at the entrance of the building, a sign not less
than 5" X 7" the following statement, printed in not less than 30-
point bold type:
'This is an unreinforced masonry building. Unreinforced masonry
buildings may be unsafe in the event of a major earthquake.'
b. If the sign provided for in subsection (a) is not posted or
maintained as required, the building owner shall vacate the
premises as required pursuant to Section 15 12.040 Subsection 6. A."
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MC-982
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040
2 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE
3 COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN
POSTING
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SECTION 5. Section 15 12.120 is hereby added to Chapter 15 12 of the San Bernardino
5 Municipal Code relating to compliance extension for Class IV buildings and sign posting, to read
as follows.
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"15.12.120- CLASS IV BUILDINGS, COMPLIANCE,
EXTENSION AND SIGN POSTING.
Notwithstanding any other provision in this Chapter, any
building owner who has received actual or constructive notice that the
building is an unreinforced masonry building, whether vacant or
occupied, that has been designated Class IV by the Building Official
shall comply with the following:
a. The building owner shall receive 1) an extension to April 15, 2002
to submit a structural analysis, and plans and 2) an extension to April 15, 2003
to obtain a building permit from the Building Official, provided that on or
before April 15, 1999, said building owner posts and maintains in a
conspicuous and unobstructed place at the entrance of the building, a sign not
less than 5" X 7" the following statement, printed in not less than 30-point
bold type:
'This is an unreinforced masonry building. Unreinforced masonry
buildings may be unsafe in the event of a major earthquake.'
b) If the sign provided for in subsection (a) is not posted or
maintained as required, the building owner shall vacate the premises as
required pursuant to Section 1512.040 Subsection 6. A."
SECTION 6. Section 15 12.130 is hereby added to Chapter 15 12 of the San Bernardino
19 Municipal Code relating to notice for compliance extensions and sign posting for Sections
15 12.100, 15 12 110 and 15 12.120 to read as follows:
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21 "15.12.130- NOTICE.
22 Notice, as required in sections 1512.100,1512.110 and
1512.120, shall be issued by the Building Official to the owner
23 of the building as determined by a title search, completed no sooner
than three months prior to giving notice, in writing and either
24 personally served on the owner or sent certified mail return receipt
requested. "
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MC-982
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040
2 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE
3 COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN
POSTING
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5 SECTION 7. Section 15 12.140 is hereby added to Chapter 15 12 of the San Bernardino
Municipal Code relating to penalty for noncompliance with Sections 15 12.100, 15 12.110 and
6 15 12.120 to read as follows:
7 "15.12.140- PENALTY.
8 Failure to comply with sections 1512.100, 1512.110 or 1512.120 is a
misdemeanor, and every day the building owner fails to vacate the premises or display
9 the sign mandated by this Chapter, shall constitute a separate violation of this section.
The penalty provided for in this section does not exclude any other remedy and shall
10 not be construed to prevent the City from also bringing an administrative proceeding
or other civil action to cause any building to be vacated and or demolished."
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MC-982
1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040
AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO
3 THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE
COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN
4 POSTING
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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 nih' T>:r 1.oT meeti~g thereof,
held on the .lL day of September , 1996, I)y t e fOil wmg vote, to Wit:
AYES NAYS ABSTAIN
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ABSENT
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cJan{~ 7nMm~ lPfJuij
. IT CLERK
15 The foregoing Ordinance is hereby approved this --.lL day of September ,1996
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T M MI ,ayor
City of San Bernardino
Approved as to form
20 and legal content:
21 JAMES F PENMAN,
City Attorney
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23 By L."
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