HomeMy WebLinkAboutMC-228U
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OlWINANCE NO. MC-228
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAP'l'ER
15.28 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE NOTICE OF
3 DANGEROUS BUILDINGS TO OI'iNERS AS ASCERTAINED FROM TITLE RECORDS.
(URGENCY MATTER)
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
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SECTION 1. Section 15.28.030 of the San Bernardino Municipal
7 Code is amended to read:
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"15.28.030 Notice of defects to owner.
9 If any building or structure is found to be unsafe, dangerous
10 or a public nuisance as defined in Section 15.28.010, the building
11 official shall give written notice of the defects to the owners of
12 record as ascertained from title company records or as may be
13 otherwise known. This notice shall require the owner to commence
14 th,; required repairs or improvements or the demolition and removal
15 of the building or structure or portions thereof within ten days
16 and to complete such work within sixty days from the date of
17 notice unless otherwise stipulated by the building official. If
18 necessary, such notice shall also require the building or
19 structure, or portion thereof, to be vacated forthwith and not
20 reoccupied until the required repairs and improvements are
21 completed, inspected, and approved by the building official."
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SECTION 2. Section 15.28.040 of the San Bernardino Municipal
23 Code is amended to read:
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"15.28.040 Service of notice to owner.
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The notice shall be served upon all persons entitled thereto,
26 either personally or by certified mail. Service by certified mail
27 shall be effective on the date of mailing if a certified letter
28 containing a copy of such notice is duly mailed, postage prepaid,
MC-228
1 return receipt requested, to each such person at the address of
2 such person as ascertained from title company records or as
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known to the building official.
If no address so appears or is
4 known to the building official, then a copy shall be addressed to
5 such person at the address of the building or structure involved
6 in the proceedings. The failure of any owner or other person in
7 interest to receive such notice shall not affect in any manner the
8 validity of any proceedings taken under this chapter. The
9 building official shall also post conspicuously at least one copy
10 of a notice bearing title letters one inch high: 'NOTICE TO ABATE
11 NUISANCE' on the building or structure alleged to be unsafe."
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SECTION 3. Section 15.28.050 Subsection C of the San
13 Bernardino Municipal Code is amended to read:
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"C. If the owner of the building or structure does not
15 comply with the notice by commencing the required work within the
16 time allowed or make such other arrangements as may be
17 satisfactory to the building official, the building official shall
18 thereupon serve personally or by certified mail as provided above
19 a notice substantially in the following form upon the owner and a
20 copy to any lien, mortgage or trust deed holder or lessee as
21 ascertained from title company records or as otherwise known; and
22 the cost of acquiring title information shall be charged to the
23 owner in the same manner and using the same procedure as all other
24 costs incurred by the City which are to be charged to the owner as
25 set forth in Section 15.28.130:
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'NOTICE OF HEARING BEFORE THE BOARD
OF BUILDING COMMISSIONERS OF THE
CITY OF SAN BERNARDINO
The owner of the building situated at
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is hereby notified to appear
before the Board oY-Building Commissioners of the City
of San Bernardino at its meeting to be held on
in the Council Chambers, City
Hall, San Bernardino, California, at the hour of
or as soon thereafter as he may be heard,
and show cause, if any he has, why said building
should not be condemned as a public nuisance and said
nuisance be abated by the City of San Bernardino by
razing, demolishing, and removing same and charging
the costs thereof to the owner as provided in Chapter
15.28 of the San Bernardino Municipal Code.
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The sum of costs incurred to date and the alleged
defects of the building are set forth in Exhibit "A"
attached hereto and incorporated herein by reference.
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Clerk of the Board of
Building Commissioners,
City of San Bernardino.'"
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SECTION 4. Section 15.28.070 of the San Bernardino Municipal
13 Code is amended to read:
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"15.28.070 Mailing of copies of resolution to interested
15 persons.
16 within ten days after the premises are posted, the Clerk of
17 the Board of Building Commissioners shall mail copies of the
18 resolution to the owner and other persons in interest to their
19 addresses as ascertained pursuant to Section 15.28.040 for service
20 of notice. Two copies of the resolution shall also be forwarded
21 to the City Clerk for transmitting to the Mayor and Common
22 Council. Failure to mail or forward said copies shall not affect
23 the validity of the proceedings."
24
SECTION 5. Section 15.28.080 of the San Bernardino Municipal
25 Code is amended to read:
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"15.28.080 Abatement of nuisance by owner - Determination of
27 expenses.
28 In the event the public nuisance is abated by the owner
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1 within the time prescribed by the Board of Building Commissioners
2 or prior to its hearing, but subsequent to the time limits allowed
3 by the building official in his notice as provided in Sections
4 15.28.020 through 15.28.040 and the incurring of expenses by the
5 building official, including the costs of any title information
6 obtained and administrative, overhead and incidental expenses, the
7 Board of Building Commissioners may proceed with the noticed
8 hearing to determine whether such expenses and other related costs
9 shall be made a lien on the lot or land upon which the building
10 was located and become a debt owed to the City by the owner. The
11 hearing before the Board of Building Commissioners and subsequent
]2 proceedings and procedures shall be pursuant to the procedures set
13 forth in Chapter 3.68."
]4 SECTION 6. Section 15.28.110 of the San Bernardino Municipal
15 Code is amended to read:
]6 "15.28.110 Itemized statement of expenses.
17 The Street Superintendent shall maintain and keep an itemized
18 statement of all expenses involved in the razing, demolishing and
19 removing of such building and related administrative, incidental
20 and overhead expenses of the City including, but not limited to,
21 the costs of inspections of the property, engineering reviews and
22 studies, costs of acquiring title information, costs of appraisals
23 or expert opinions on razing or salvaging buildings and
24 structures, and items of expense required to prepare the matter
25 for hearing, whether or not such hearing is held. The Street
26 Superintendent shall forthwith initiate proceedings under Chapter
27 3.68 for determination and collection of the assessment for costs
28 of abatement."
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SECTION 7. Section 15.28.140 of the San Bernardino Municipal
Code is amended to read:
"15.28.140 Securing dangerous buildings from entry.
In addition to the procedures provided for abatement of
nuisances caused by dangerous and hazardous structures as set
forth in this chapter, the building official or his representative
is given summary power to secure from entry any structure which in
his discretion he determines to be immediately dangerous or
hazardous, or in any other manner injurious to public health or
safety. The building official may secure such structures using
methods at his discretion to accomplish the purpose which are most
appropriate under the circumstances. The building official shall
also post a sign stating in effect 'DANGER, DO NOT ENTER' upon the
structure in at least one conspicuous place, with the word
'DANGER' in letters at least one inch in height. The building
official shall immediately after such action mail notice to the
owners of the real property upon which the structure is located to
the address as ascertained from title company records or if no
address is so shown, to the address of the property or to such
address as may be known by the building official. Such notice
shall contain the following information: (1) that he has secured
the structure; (2) the cost incurred by the City thereby; (3) that
he has posted signs as provided by this section; (4) the reasons
why he has taken the action; (5) that an appeal may be made within
ten days to the Board of Building Commissioners to be set for
hearing at the next regular meeting; (6) that if his action is not
annulled by the Board of Building Commissioners, the cost of
securing the property shall become a lien upon the real property
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1 unless the cost is paid to the City within thirty days of the
2 mailing of the notice. The notice of appeal to the Board of
3 Building Commissioners must be verified under oath or under
4 penalty of perjury and must state the grounds upon which the
5 action of the building official is appealed. The Board of
6 Building Commissioners shall hear any evidence or other relevant
7 matters presented by the appellant or the building official at its
8 next regular meeting after the filing of the notice of appeal.
9 After hearing all evidence or upon the report of the building
10 official if no appeal is made, the Board of Building Commissioners
11 may confirm, amend, or annul the action of the building official.
12 If the action of the building official is annulled, the City at
13 its own expense shall remove any instruments used to secure the
14 structure and any signs stating that the building is unsafe to
15 enter. If the Board of Building Commissioners confirms the action
16 of the building official in securing the structure, then the costs
17 incurred by the City in securing the structure shall become a
18 special assessment and lien against the property to be determined
19 and collected in accordance with the procedures set forth in
20 Chapter 3.68."
21 SECTION 8. Urgency. This ordinance is an urgency measure
22 for the immediate preservation of the public peace, safety, health
23 and general welfare and shall become effective immediately upon
24 its adoption and approval. The facts constituting the urgency
25 are as follows:
26 There are numerous dangerous buildings which are involved in
27 public nuisance abatement proceedings or against which abatement
28 proceedings are to commence. Present ordinance provisions may
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fail to provide new owners of suoh buildings with due process
notice of pending demolition proceedings. The proposed Code
amendments will provide more current information concerning record
owners than can be obtained from the property tax assessment rolls
and will give adequate notice and an opportunity to be heard to
new owners.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reguJ.ar
meeting thereof, held on
the 6th
day of
December
, 1982, by the fOllowing vote,
to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
Marks, Quiel, Hobbs, Strickler
NAYS: None
ABSENT: None
The foregoing ordinance is hereby
;,if / I
ilUi!'1{1t/r; , 1982.
-&_.:~V~U/
/ City Clerk
7/,( day
of
Approved as to form:
/?J~~I~e-
~~ey
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