HomeMy WebLinkAbout42-Planning and Building
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ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
AND REPLACING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE;
ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION
PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND
STRUCTURES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.37 of the San Bernardino Municipal
Code is amended to read as follows:
" CHAPTER 15.37
HISTORIC BUILDING DEMOLITION ORDINANCE
15.32.010 Definitions. For the purpose of carrying out the
intent of this Chapter, the words, phrases and terms set forth
herein shall be deemed to have the meaning ascribed to them in
this Chapter.
a. Building - Any structure having a roof and walls built
and maintained to shelter human activity or
property.
b. Demolition -To~estroy any building or structure so that
it is no longer standing or functional.
c. Structure - (1) Any structure having a roof and walls
built and maintained to shelter human
activity or property; or,
( 2 ) A work made up of independent and
interrelated parts that performs a primary
function unrelated to human shelter.
15.37.020 Demolition Prohibited. No building or structure
fifty (50) years old or older shall be demolished unless a valid
Demolition Permit ha~ been issued in accordance with this Chapter.
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May 4, 1992
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1 15.37.030 Dangerous Buildings Exempted. The demoiition of
2 any building or structure fifty (50) years old or older shall be
3 exempt from the provisions of this Chapter if findings have been
4 made by the Board of Building Commissioners or the Building
5 Official pursuant to other provisions of the Municipal Code
6 declaring that the building or structure is either a public
7 nuisance or a dangerous building. In such instances, a Demolition
8 Permit may be issued in accordance with all other City ordinances
9 and requirements.
10 15.37.040 Review Process.
11 a. No Demolition Permit shall be issued to demolish any
12 building or structure listed in the California Register of Points
13 of Historical Interest or listed in any other state or Federal
14 listing of equal or greater level of historical significance
15 without the approval of the Common Council.
16 b. Upon submittal of an application by the property owner,
17 the Director of Planning and Building Services shall determine
18 whether to issue a Demolition Permit for any building or structure
19 not listed in the California Register of Points of Historical
20 Interest or listed in any other State or Federal listing of equal
21 or greater level of historical significance.
22 c. Demolition Permits shall become effective sixteen days
23 following the final date of approval by the Director unless an
24 appeal to the Council has been filed pursuant to Chapter 2.64,
25 which shall stay the issuance of the Demolition Permit until after
26 the Appeal is decided.
27 15.37.050 Penalty. Any person, firm or corporation,
28 whether as principal, agent, employee, or otherwise, violating or
HE:js[Urgency.Ord] 2 May 4, 1992
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causing the vioJ.ation of any of the provisions of this Chapter is
guiJ.ty of a misdemeanor, which upon conviction thereof is
punishabJ.e in accordance with the provisions of Sections J..J.2.0J.0
and 1. J.2. 020 of this Code in addition to any other ci viJ. or
administrative remedies.
15.37.070 Fees. Upon submi ttaJ. of a DemoJ.i tion Permit
AppJ.ication to the PJ.anning and BuiJ.ding Services Department, the
appJ.icant shaJ.J. pay aJ.J. appJ.icabJ.e PJ.anning Division fees as
adopted by the Mayor and Common CounciJ. for an InitiaJ. Study and
for the PJ.anning Commission review. The appJ.icant shalJ. pay alJ.
required BuiJ.ding Safety Division fees as adopted by the Mayor and
Common CounciJ. prior to issuance of a DemoJ.ition Permit.
SECTION 2. Urgency. There are wi thin the downtown area and
other areas of the City oJ.der buiJ.dings with virtuaJ.J.y no
historicaJ. significance, but because of their mere age, must,
pursuant to current ordinances, be considered for preservation.
This resuJ.ts in an ever increasing number of oJ.der, deteriorating,
empty buiJ.dings within the City causing bJ.ight to the surrounding
areas, attracting vagrants, providing a haven for drug deaJ.ing and
gang activity, and providing an easy target for graffiti and
vandaJ.ism. It is essentiaJ. that truJ.y historicaJ.J.y significant
structures be preserved for the benefit of our society and
cuJ.ture, but it is aJ.so essentiaJ. that bJ.ighting infJ.uences be
removed as soon as possibJ.e to aJ.J.ow the rehabiJ.i tation and
redevelopment of our City, to support the public heaJ.th, safety
and cuJ.ture. For this reason it is necessary that this ordinance
take effect immediateJ.y upon adoption.
III
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May 4, 1992
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AN URGENCY ORDJ:NANCE 9F THE CJ:TY OF SAN BERNARDJ:NO "AMENDJ:NG
AND REPLACJ:NG CHAPTER 15.37 OF THE SAN BERNARDJ:NO MUNJ:CIPAL CODE;
ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVJ:EW OF DEMOLITION
PERMIT APPLICATJ:ONS FOR POTENTIALLY HISTORIC BUILDINGS AND
STRUCTURES.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1992, by the following vote, to wit:
day of
NAYS
ABSTAIN
ABSENT
Council Members:
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1992.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:L1.k
(l
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May 4, 1992