HomeMy WebLinkAbout1986-095
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RESOLUTION NO. 86-95
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
CRITERIA, PRIORITIES AND PROCEDURES FOR THE DEMOLITION AND
3 CLEARANCE OF SUBSTANDARD AND OBSOLETE STRUCTURES UNDER CITY'S
COMMUNITY DEVELOPMENT PROGRAM, AND REPEALING RESOLUTION NO.
4 12407.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. City has set aside certain grant funds obtained from the
United States Department of Housing and Urban Development in the
form of Community Development Block Grant funds for demolition of
substandard obsolete buildings and structures which constitute an
eyesore and blighting influence on the surrounding neighborhood.
B. The City desires that such funds be utilized to demolish
and remove deteriorated buildings and structuress in specific
heavily impacted areas, particularly in those neighborhoods
targeted for housing rehabilitation and neighborhood
improvements, but such funds shall be available for use
throughout the entire City.
C. The Mayor and Common Council desire to set forth
criteria to be utilized in determining which properties should be
demolished at no expense to the property owners, to establish
priorities so the limited funds available for such program can be
used to maximum advantage, and to establish a procedure to be
adhered to in all such demolitions.
SECTION 2. Implementation.
A. Criteria. The following criteria shall apply, and no
building or structure shall be considered for demolition under
this program unless each of the following criteria are met:
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1. The property is vacant.
2. The property is either residential or commercial;
3 no industrial buildings shall be considered.
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3. The building or structure is so deteriorated or
5 dilapidated so as to be not economically subject to
6 rehabilitation.
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4. The building or structure is not subject to
8 demolition under the dangerous building procedures established by
9 San Bernardino Municipal Code Chapters 15.28, 8.30, 8.33, or any
10 other provision of the San Bernardino Municipal Code.
11 Certification from the Superintendent of Building and Safety may
12 be requested to evidence this fact.
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B. Priorities. In determining which properties shall first
14 be demolished with available funds, the following factors shall
15 be considered:
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1. The degree of blighting influence, and the effect
17 on the surrounding neighborhood. This matter shall be of primary
18 importance, and if the presence of such building or structure
19 seriously detracts from the neighborhood, regardless of where
20 such property is situated within the City limits of the City of
21 San Bernardino, priority shall be given to such possible
22 demolition.
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2. Whether the property is within the Enterprise Zone
24 of the City of San Bernardino.
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3. Whether the property is within an impact area, or
26 an area targeted for housing rehabilitation and neighborhood
27 improvements, by action of the Mayor and Common Council.
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4. Whether the property proposed for demolition is
located within an area targeted for infill housing program
emphasis, by designation of the Mayor and Common Council.
C. Procedures. The following procedures shall be utilized
by the Community Development Division of the Redevelopment Agency
in processing such proposed demolition:
1. Community Development Division staff shall identify
vacant structures which constitute an eyesore and a serious
blighting influence on the surrounding neighborhood, and shall
proceed to identify the owners of blighted properties and contact
them concerning their willingness to eliminate the blighting
condition through demolition or otherwise.
2. Upon contact from a property owner requesting
removal of a building or structure, or upon complaint from a
neighbor that a degree of blight is caused by the deteriorated
condition of a building or structure, the staff of the Community
Development Division shall personally inspect the property
recommended for demOlition, and evaluate the degree of blight and
the effect of the building or structure on the surrounding
neighborhood. The staff shall thereafter make a recommendation as
to prioritization.
3. Upon a determination by Community Development
Division staff that a building or structure probably qualifies as
a building or structure entitled to priority consideration for
demolition, the staff shall contact the owners of such blighted
properties and attempt to obtain from all such owners of the
property a written letter or other acknowledgment as to the
following:
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1 a. Representation of ownership of the property
2 free and clear of all liens and encumbrances, or, if any such
3 lien or encumbrance exists, the consent of the owners and any
4 such lienholder or encumbrancer to demolition.
5 b. The full property address and legal
6 description of the property from which the building or structure
7 should be removed.
8 c. The exact identification of that building or
9 structure which is to be demolished, including, if possible, a
10 photograph of such building or structure.
11 d. Request that the City of San Bernardino
12 consider demolition of the building or structure.
13 e. An acknowledgment that the demolition, if
14 consented to by the City, will be at no cost to the property
15 owner.
16 4. After obtaining all such information from the owner
17 or owners of the property on which is situated the building or
18 structure proposed for demolition, the recommendation of staff
19 for demolition and an estimate of demolition cost shall be
20 presented to the Community Development Citizen Advisory Committee
21 for review and recommendation.
22 5. After a recommendation has been made by the
23 Community Development Citizen Advisory Committee, the staff
24 recommendation and comments of the Citizen Advisory Committee
25 shall be referred to the Redevelopment Committee of the Mayor and
26 Common Council. If less than $5,000 would be required for
27 demolition, the Redevelopment Committee shall have authority to
28 authorize the Executive Director of the Redevelopment Agency to
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contract for immediate removal of such building or structure. If
the estimated cost of removal exceeds $5;000, and the Committee
desires to recommend demolition, the Redevelopment Committee
shall submit its recommendation to the entire Mayor and Common
Council for consideration and action.
6. Upon approval of the Redevelopment Committee if
less than $5,000 of demolition cost is involved, or upon approval
of the Mayor and Common Council if more than $5,000 in demolition
cost is involved, the Executive Director of the Redevelopment
Agency shall obtain a formal agreement signed by all persons
owning an interest in such property, consenting to the proposed
demolition. The agreement which shall include a provision
holding the City harmless from all liability other than the cost
of demolition. The agreement shall be in the form annexed hereto
as Exhibit -In. The Executive Director is authorized to execute
such agreement on behalf of the City.
7. After such agreement has been executed by all
persons owning an interest in the property, the Executive
Director shall contract for such demolition, and order the
demolition to proceed at the earliest feasible time.
8. Each request for proposal for demolition bids, and
each contract issued pursuant to such requests, shall contain
language substantially as follows:
-Contractor shall, prior to the commencement of demolition,
obtain the permit required under San Bernardino Municipal Code
Section 15.38.010, and provide to Agency and to the Director of
Public Services of the City of San Bernardino, the name and
address of the solid waste disposal site to which all debris will
be transported, and the route by which vehicles will travel
between the site of
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demolition and the disposal site. Contractor shall retain, and
provide to Agency upon demand, a copy of all "weigh" slips issued
by the disposal site for all loads of debris removed from the
subject demolition site. No debris shall be transported to any
other location or deposited in any other area, without advance
notice to and approval of the City's Director of Public Services.
Salvageable materials may be transported elsewhere, after notice
to the City's Director of Public Services as to the place to
which such salvage will be transported, and the route by which it
will be transported."
SECTION 3. No City employee shall recommend to any owner
whose building or structure is proposed for abatement or
demolition under the Municipal Code that a request for demolition
at City expense should be made.
SECTION 4. This procedure supersedes all prior demolition
policies relating to Community Development Block Grant fund
programs of the City of San Bernardino. Resolution No. 12407 is
hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a reqular meeting thereof, held on the
l7th day of Mnrr.h , 1986, by the following vote, to
wit:
/ / / /
/ / / /
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AYES:
Council Members Estrada. Reillv. Hernandez.
MRrks Olliel Frazier. Strickler
NAYS:
None
ABSENT:
None
of
March
I 1986.
~$?4<~~)
,/ City Clerk
resolution is hereby approved this /?ti.
&d&~lr)~
Mayor of thl! City of -S'an -ifernardino
day
The foregoing
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Approved as to form:
13 tU4~- -If. ~
)4. . City Attorney
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