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. ~ OF SAN BERN....ADIN~EQUEST F,-A COUNCIL ACTION
Date: 4-11-90
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Subject: An Ordinance of the City of San
Bernardino Amending Chapters 15.04
and 15.74 of the SBMC relating to
Building without a building permit
and continuing work after the
issuance of a stop work ord~r
From: James F. Penman
~: City Attorne~~
Synopsis of Previous Council action:
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Recommended motion:
Waive further reading and layover ordinance for final adoption.
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Signature
Contact person: ;-)pnn; c::: It. "R.::Irl ilt.1
Phone:
3R4-5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
IAcct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No
S ..2-/
CITY OF SAN .eRN..ADINO - ReQUeST F___R COUNCIL ACTION
STAFF REPORT
It has recently become apparent that changes need to be made
in the City's ordinances making the construction of a building
.without a building permit either an infraction (as it is now) or
a misdemeanor. In addition it would be beneficial to provide that
the continuing of work after the issuance of a stop work order would
be a misdemeanor. The attached ordinance would make these changes.
URGENCY CLAUSE:
It is urgent that this ordinance change be enacted as soon as
possible in order to give the approparite staff the necessary tools
to enforce the building code requirements at the earliest possible
date and to provide the necessary teeth to such enforcement. Recent
events have shown that any delay in such actions is contrary to the
best interests of the City and its residents.
75-0264
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2 ORDINANCE NO.
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTERS 15.04 AND 15.74 OF THE SAN BERNARDINO MUNICIPAL CODE
4 RELATING TO BUILDING WITHOUT A BUILDING PERMIT AND CONTINUING
WORK AFTER THE ISSUANCE OF A STOP WORK ORDER
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SECTION 1. Section 15.04.250 is hereby added to the San
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Bernardino Municipal Code to read as follows:
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"15.04.250 Violation
a. Any person, firm or corporation who erects, constructs,
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enlarges, alters, repairs, moves, improves, removes, converts or
demolishes a building or a structure for which a building permit
is required by this title and the Uniform Building Code, and for
which a permit has not been obtained from the building official,
shall be guilty of either a misdemeanor or an infraction.
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b. Each day during any part of which the activity
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prohibited by subdivision (a) of this section continues shall be
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a distinct and separate offense."
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SECTION 2. Section 15.04.251 is hereby added to the San
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Bernardino Municipal Code to read as follows:
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"15.04.251 stop Work Order
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a. Any person, firm or corporation who continues work on a
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building or structure after a stop work order has been issued by
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any of the employees listed in San Bernardino Municipal Code
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Section 9.90.010 A 2, 3, 4, 5, 6 or 8, shall be guilty of a
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misdemeanor.
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b. Each day during any part of which the activity
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prohibited by subdivision (a) of this section continues shall be
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a distinct and separate offense."
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DAB:mg\sec1504.ord
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SECTION 3. Section 15.74.010 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"15.74.010 VIOLATION - PENALTY
a. Except as specifically provided, any person, firm or
corporation whether as principal, agent, employee, or otherwise
violating or causing the violation of any provision of this
title, or the codes adopted herein, is guilty of an infraction,
which upon conviction thereof is punishable in accordance with
the provisions of Section 1.12.010 of this Code. Any person,
firm or corporation whether as principal, agent, employee or
otherwise, violating or causing the violation of any provi$ion of
Article 3 of the Uniform Fire Code is guilty of a misdemeanor,
which upon conviction thereof is punishable in accordance with
the provisions of Section 1.12.010 of this Code.
b. The imposition of any penalty for any violation of this
title shall not excuse the violation or permit it to be
continued, and all persons shall be required to correct or remedy
all such violations or defects within a reasonable time. The
application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions."
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DAB:mg\sec1504.ord
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1
2 'KN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPT'" 15.04 AND 15.74 OF THE SAN BERNARDINO MUNICIPAL CODE
3 RELA'l'%NG TO BUILDING WITHOUT A BUILDING PERMIT AND CONTINUING
WORK AFTER THE ISSUANCE OF A STOP WORK ORDER
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I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on the
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day of
, 1990, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
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ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
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City Clerk
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The foregoing ordinance is hereby approved this
day
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, 1990.
of
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W. R. HOLCOMB, Mayor
City of San Bernardino
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Approved as to form
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JAMES F. PENMAN
City Attorney
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By: ' J /c.::I/~
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DAB:mg\sec1504.ord
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