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CITY OF SAN BERii~ARDINO - REQUEST lI~OR COUNCIL ACTION
Larry E. Reed, Director Adoption of resolution to
From: Subject: authorize charging the 40%
Planning and Building Services Administrative Fee for Code
Dept: Enforcement Actions and es-
March 13, 1990 tablishment of fee for NOP &
Date: file processing.
Synopsis of Previous Council action:
3/5/90 Council set a Public Hearing for 2:00 p.m. on 3/19/90 to consider
establishment of an Administrative Fee for abatement of private
property and building board-ups by the Code Enforcement Division
of Planning and Building Services.
Recommended motion:
That the Public Hearing be closed, and
That further reading of the Resolution be waived and
That said Resolution be adopted.
cc: Jim Richardson, Deputy City Administrator ~ ~ / /7
Marshall JUlian, City Administrator ~
James Penman, City Attorney Signatur~ t?
Don H. Hesterley
Contact person:
Staff Report, Ordinance
Supporting data attached:
384-5257
Phone:
All Wards
Ward:
FUNDING REQUIREMENTS:
Amount:
#
Source: (Acct. No.)
N/A
(Acct. DescriPtion)
Finance:
Council Notes:
COUNCIL:CA.REQUEST-21A
75.0262
Agenda Item No.
4~
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CITY OF SAN BE~ARDINO - REQUEST ..OR COUNCIL ACTION
STAFF REPORT
BACKGROUND:
A telephone survey was.made of ten (10) southern California cities in
order to justify Code Enforcement's charge of forty percent (40%)
Administrative Fees, which are added to contractors' charges for
abatements.
Of the ten cities which were queried on this matter, a range of
Administrative Fees was found to be from 45% (Long Beach) to 90% (San
Diego). The fees were determined by taking into consideration the
City's cost of doing business up to and including lease-mortgage
payments, occupied space, utilities, and all other costs to the city in
daily operation.
This fee is also justified by the 1988 Uniform Building Code, chapter
3, Table No.3-A, entitled Building Permit Fees on page 19 (under other
inspection fees, Exhibit nAn). The Uniform Building Code is adopted by
Ordinance in the San Bernardino Municipal Code 15.04.020. Attached is
the detailed cost justification sheet (Exhibit nBn).
STAFF RECOMMENDATION:
Staff recommends that as authorized by SBMC Sections 8.33.050 and
8.33.070 and 15.28.110, the resolution to include a 40% Administrative
Fee to the cost of abatement action(s), for the purpose of recovering
the administrative costs incurred by the City be adopted.
Staff also recommends that a charge of $125.00 be levied for processing
of a Notice of Pendency recommended in said Resolution be adopted.
COUNCIL:CA.STAFF-21
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75,0264
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
ADMINISTRATIVE CHARGES FOR ABATEMENTS OF PRIVATE PROPERTY AND
3 BUILDING BOARD-UPS BY THE CODE ENFORCEMENT DIVISION OF PLANNING
AND BUILDING SERVICES.
4
WHEREAS, Title 8 and Title 15 of the San Bernardino
5
Municipal Code authorizes the Building Official to abate public
6
nuisances on private property; and
7
WHEREAS, Sections 8.33.050, 8.33.070 and 15.28.110 of the
8
9
San Bernardino Municipal Code authorize the Building Official to
assess the property owner for all costs and administrative
expenses incurred in abating such properties; and
WHEREAS, Section 54992 of the Government Code requires the
Mayor and Common Council to establish said fees by resolution;
and
WHEREAS, a public hearing has been held pursuant to
Sections 54992 and 54994.1 of the California Government Code;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. An administrative charge of forty percent (40%)
of the costs to abate a property is hereby established to
partially defray the costs incurred by the Building Official in
processing nuisance abatement. Said administrative charges shall
not exceed Two Thousand Dollars ($2,000.00) for any separate
parcel or lot.
Section 2.
An administrative charge of One Hundred and
Twenty Five Dollars ($125.00) is hereby established when a Notice
of Pendency has been recorded against the property to partially
PZ/ses
February 7, 1990
1
ESTRADA
11 REILLY
FLORES
12 MAUDSLEY
MINOR
13 POPE-LUDLAM
MILLER
10
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
ADMINISTRATIVE CHARGES FOR ABATEMENTS OF PRIVATE PROPERTY AND
2 BUILDING BOARD-UPS BY THE CODE ENFORCEMENT DIVISION OF PLANNING
AND BUILDING SERVICES.
3
defray the costs incurred by the Building Official for
4
processing the Notice of Pendency.
5
I HEREBY CERTIFY that the foregoing resolution was duly
6
adopted by the Mayor and Common Council of the City of San
7
Bernardino at a
meeting thereof, held on the
8
9
, 1990, by the following vote, to wit:
day of
Council Members:
NAYS
ABSTAIN
AYES
14
15
City Clerk
16
The foregoing resolution is hereby approved this
day
17
of
, 1990.
18
19
w. R. Holcomb, Mayor
20 City of San Bernardino
21 Approved as to
form and legal content:
22
JAMES F. PENMAN,
23 City Attorney
24
BY}_ J.I.--.
-./
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PZ/ses
February 7, 1990
2
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,. !DIT1ON 3-A
TABLE NO. 3-A-BUILDlNG PERMIT FEES
TOrAl._'" PH
SI,oolO~.oo S15.OO
S50I,oo to S2.ooo.oo 515.00 for the rust 5~.00 plus 52.00 for eocb Iddilionai
Sloo.oo or fncIjonlheftof, 10 IItd includinl 52.000.00
$2.001.00 to 515,000.00 545.00 for the finl 52.000.00 plus 59.00 for eoch addi
Iional 51.000.00 or mclion thereof, 10 IItd includinl
515,000.00 .
515.001.00 10 S50.ooo.oo 52.S2.oo for the finl 52.S.ooo.ooplus 56.SO forelCh addi
IionaI 51,000.00 or fraction thereof, 10 IItd includinl
5SO.OOO.OO
5SO,001.00 10 5100.000.00 5414.SOfor tbe finl 5SO.ooo.oo plus 54.SO forelCh addi
lional 51.000.00 or friction lhereof, 10 Ind inc:ludin,
5100,000.00
5100.001.00 10 ~,OOO.OO 5639.50 for Ihe finl 5100,000.00 plus 53.SO for elCh
additional 51.000.00 or fraction thereof
~,OOI.OOIO 52039.SO for the finl 5500.000.00 plus 53.00 for each
51,000,000.00 additional 51,000.00 or fraclion Ihercof,lo Ind includinl
51,000,000.00.
51.OOO,OO1.001nd up 53539.SO for IIle fin! 51.000,000.00 plus 52.00 for eoch
addilional 51,000.00 or fDelion lhereof
Other IJupectloas aDd Foes:
I. InspectionsoulSideof_maIbusinesshoun................. .530.00 per hour"
(minimum cbarJe--ftoo houn I
2, Reinspeclion fees auessed under plOVisions of
Section 305 (JI. .. . .. .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .530.00 per hour"
3. Inspections for wham fee is spec:irlClllly
indiclled.. .. .. . . . . . . .. .. . . . . . . . . .. . . . . . . . . . . . . .. . .. . . ..530.00 per hour"
(minimum~.halfhour)
4. Adclilional plan ",viewoequired by chanles. adcIilions
or ",visions 10 IJlPIV''Cd pllns ............................. .530.00 per hour"
(minimum chatse----half hourI
"ar the 10IaI hourly COSlIO!be jurisdiclion, whichever.s Ihe ''''"lest. This CDSI shall include
supervision, overhead, equipmenl, hourly Wiles Ind frin,e benefils of lhe employees
involved.
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L.: )( 11 , t3 , f '. IS I,
City of San Bernardino
INTEROFFICE MEMORANDUM
9002-805
TO: Larry E. Reed, Director of Planning and Building
Services
FROM: Don H. Hesterley, Code Compliance Officer
SUBJECT: Breakdown of 40% Administrative Fees
DATE: February 20, 1990
COPIES: file
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The_following is a breakdown of costs as
average boardup of $1,200.00 value, in
request for this information.
it applies to an
response to your
Sr. Code Officer time @ $35/hr
(including wages & benefits)
Code Compliance Sup @ $40/hr
(including wages & benefits)
Equipment & supplies - Auto - Maintenance -
Field Supplies: photos & photo equipment
Code Officer's time @ $25/hr
(including wages & benefits)
Secretary's time @ $13/hr
(including wages & benefits)
Field Time 1.5 hr
Office Time 1.5 hr
BBC Time 1 hr
$37.50
$37.50
$25.00
From initial
complaint to BBC
- 2 hours total
$26.00
$35.00
Total time 1 hr
Total time 1 hr
$40.00
$175.00
Office Space, office supplies, utilities
Computer time, etc.
TOTAL:
$150.00
$526.00
Average Boardup (Contractor's Cost)
Administrative fee of 40%
Total charges w/40% fee
$1,200.00
$ 480.00
$1,680.00
Don H. Hesterley
Code Compliance Supervisor
DHH:nhm
City of San Bernardino
INTEROFFICE MEMORANDUM
9002-80l
TO: Shauna Clark, City Clerk
FROM: Don H. Hesterley, Code Compliance Supervisor
SUBJECT: Justification of Administrative Fee
DATE: February 14, 1990
COPIES: Marshall Julian, City Administrator; Larry Reed,
Director of Planning & Building Services
A telephone survey was made of Southern California cities in
order to justify Code Enforcements charge of 40% administra-
tive fees. Ten cities were queried on this matter and their
administrative fees. The fees ranged from 90% at San Diego
to 45% at Long Beach. The fees were determined by taking into
consideration the cost of doing business by the city up to
and including lease payments, occupied space, utilities and
all other costs to the city in daily operation.
This fee is also justified by the 1988 Uniform Building Code
Chapter 3 Table No. 3-A Page 19. The UBC is adopted by
ordinance San Bernardino Municipal Code 15.04.
~/J,~
Don H. Hesterley
Code Compliance Supervisor
DHH/pm