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HomeMy WebLinkAbout10-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JamesF.Penman Subject: OrdinanceAmendingSections 15.04.080, 15.04.081, 15.16.070, and 15.57.030 of the San Bernardino Municipal Code waiving certain City fees for the first reconstruction of commercial structures voluntarily demolished after Code Compliance has issued a Notice of Violation! Abatement. Dept: City Attorney OR1G\NAL Date: June 30, 2004 MCC Meeting: July 6, 2004 Synopsis of Previous Council Action: June 23, 2004 - Legislative Review Committee moved item forward to Mayor and Council. Recommended motion: That said Ordinance be laid over for final adoption. Contact person: Henry Emoefio. Jr.. Sr. Deoutv City A ./~ es F. Penman, City Attorney Phone: 384-5355 Supporting data attached: StaffRenort Ward(s): City-Wide FUNDING REQUIREMENTS: Amount: Denends on what Aoolications are submitted. Source: Finance: Council Notes: 75-0262 Agenda Iter #/0 7/IV()y 5T AFF REPORT Council Meeting Date of: July 6, 2004 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: June 30, 2004 AGENDA ITEM: Ordinance Amending Sections 15.04.080, 15.04.081, 15.16.070, and 15.57.030 of the San Bernardino Municipal Code waiving certain City fees for the first reconstruction of commercial structures voluntarily demolished after Code Compliance has issued a Notice of Violation/Abatement. Council member Susan Longville requested that the City Attorney's Office research and draft these Ordinance Amendments. Currently, property owners often oppose and delay for years, the Administrative Hearing Orders to demolish vacant, boarded-up commercial structures (many of which are badly damaged by fires), thus causing a long- lasting eyesore in the community which lowers the property values of adjacent properties and adversely affects neighboring businesses. This opposition and delay by property owners also causes Code Compliance to spend considerable staff time and costs in prosecuting public nuisance abatement actions and in completing the demolition of the structures. These Ordinance Amendments will provide financial incentives for those property owners, after Code Compliance has issued a Notice of Violation/Abatement, to voluntarily demolish their vacant, boarded-up commercial structures and rebuild them. For the first reconstruction of these commercial structures, up to the previously existing square footage, the property owners will be exempt from paying City fees for any development permits; building, electrical, mechanical, and plumbing permits; plan review (plan check) and inspections by the Development Services Department and the Fire Department; and Cultural Development Construction Fees. On June 23, 2004, the Legislative Review Committee unanimously recommended that this item be referred to the Mayor and Council with the recommended changes. After the above-referenced LRC Meeting, our office modified the Ordinance Amendments to clarify that public nuisance abatement action by the City is initiated by Code Compliance's issuance of a Notice of Violation/Abatement. Also the Ordinance Amendments were revised to include a waiver of all City fees charged for any development or construction permits, and for any plan review or inspections. Recommendation: That said Ordinance be laid over for final adoption. HElcj[MuniCoWaivCityFeeStaff.Rpt] , 0 2 3 4 5 6 7 8 9 10 II 12 13 0 14 15 16 17 18 19 o 26 III 27 III ot~JE1f AN ORDINANCE AMENDING SECTIONS 15.04.080, 15.04.081, 15.16.070 AND 15.57.030 OF THE SAN BERNARDINO MUNICIPAL CODE WAIVING CERTAIN CITY FEES FOR THE FIRST RECONSTRUCTION OF COMMERCIAL STRUCTURES VOLUNTARILY DEMOLISHED AFTER CODE COMPLIANCE HAS ISSUED A NOTICE OF VIOLATION/ABATEMENT. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Regarding Building, Electrical, Mechanical, and Plumbing Permit Fees, and all other City fees for development or construction permits, Section 15.04.080, Applicable Fees and Fee Exemptions, Subsection B, is hereby amended to add Subsection B(4) to read as follows: "B. Fees shall be waived for the following: (4) "Reconstruction of Certain Commercial Structures. No City fees shall be charged for any development or construction permits issued for the first reconstruction of any commercial structure up to its previously existing square footage, if the previously existing commercial structure was voluntarily demolished by the property owner after Code Compliance has issued a Notice of Violation/Abatement." SECTION 2. Regarding Plan Review (Plan Check) Fees, Section 15.04.081, Uniform Administrative Code Subsection 304(c) amended - Plan Review Fees, is hereby amended to add the 20 following: 21 "No City fees shall be charged for plan review or for inspections for the first 22 reconstruction of any commercial structure up to its previously existing square 23 footage, if the previously existing commercial structure was voluntarily demolished 24 by the property owner after Code Compliance has issued a Notice of 25 Violation/Abatement." 28 III HE/cj [RebuildWaivFee.Ord] I c' I SECTION 3. Regarding Fire Department Inspection Fees, Section 15.16. 070, New 2 Construction and Alterations, is hereby amended to add the following regarding Approval and 3 Inspection Fees: 4 "No City fees shall be charged for Fire Department inspection andlor approval 5 regarding the first reconstruction of any commercial structure up to its previously existing square 6 footage, if the previously existing commercial structure was voluntarily demolished by the property 7 owner after Code Compliance has issued a Notice ofViolation!Abatement." 8 SECTION 4. Regarding Cultural Development Construction Fees. Section 15.57.030, 9 Cultural development construction fee imposed, is hereby amended to add Subsection(C): 10 "c. No cultural development construction fee shall be charged for the first II reconstruction of any commercial structure up to its previously existing square 12 footage, if the previously existing commercial structure was voluntarily demolished after Code Compliance has issued a Notice of o 13 by the property owner 14 Violation! Abatement." 15 III 16 III 17 III 18 III 19 III 20 21 22 23 24 25 26 27 28 HE/Cj [RebuildWaivFee.Ord] 2 o c' AN ORDINANCE AMENDING SECTIONS 15.04.080, 15.04.081, 15.16.070 AND 15.57.030 OFTHE SAN BERNARDINO MUNICIPAL CODE WAIVING CERTAIN CITY FEES FOR 2 THE FIRST RECONSTRUCTION OF COMMERCIAL STRUCTURES VOLUNTARILY DEMOLISHED AFTER CODE COMPLIANCE HAS ISSUED A NOTICE OF 3 VIOLATION/ABATEMENT. 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 _ day of , 2004, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LONGVILLE 10 MCGINNIS II DERRY 12 KELLEY 13 JOHNSON 0 14 MC CAMMACK 15 16 City Clerk 17 18 The foregoing Ordinance is hereby approved this _ day of ,2004. 19 20 21 JUDITH V ALLES, Mayor City of San Bernardino 22 1 . . .' , _',' .' ' J!.XD.l..D1r. A . .~~ : * *. .FOR OFFICE USE OHL Y - HOT.A PUBLIC DOCUMENT**.."" . _ "', ':~~f~~~'::";~: ~;'~::~o/:,r~:: . :~~'1~F-' '::'~'J~i1!.>...'~f'~.~~r?("}~p:,r '~::'~~';~~?!E9.::..~:..~E~~~"- .' ..-". ,- CITY OF SAN BERNARDINO :'C1TY ClERK'S OFFICE -~_'~c~~~".f - - --"'l' - RECORDS & INFORMATION MANAGEMENT PROGRAM - -.'- .~4'!o'i. . :~: AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: 7~rq-o'l Resolution/Ordinance No. Me. - II?~ Effective Date: ~ -r? -0 '-/ Vote: Ayes: /- 7 Abstain: .g- Date Sent to ~r 7- -;).0 -of( Date of Mayor's Signature: 7- 22 -0<-( Date Summary Sent to Attorney: 7-2-t?-o,/ Date Published: 7 -.). ? - 0 L/ Meeting Type: r /J'1~ Continued FromITo & Item No. Item No. /0 Ordinance Urgency: Yes TerminationlSunset Date: Nays: -tT Absent: -e- Date Returned from Mayor: 7-2.L--o<( Date of Clerk's Signature: 7-2.2. --0 Date Summary Returned from Attorney: 16) IVo Date Seal Impressed: "7/ZYOY { Date Sent for Signature: Expiration Date: Copies Distributed To: Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: if~J;4'" ~~ - ~/271L No Ready to File: Date: DQCUMfNT lOCA noN: FOItMS(AllftdlIIem TraddnI Fomt.CC FamlNG. 111. 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