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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
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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]
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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
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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
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13 by the property owner
14 Violation! Abatement."
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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
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The foregoing Ordinance is hereby approved this _ day of
,2004.
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JUDITH V ALLES, Mayor
City of San Bernardino
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.' ..-". ,- CITY OF SAN BERNARDINO :'C1TY ClERK'S OFFICE -~_'~c~~~".f - -
--"'l' - RECORDS & INFORMATION MANAGEMENT PROGRAM - -.'-
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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)
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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. LaM lJOduId: 1211W1'"