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HomeMy WebLinkAbout38-Building and Safety 'CI'ty OF SAN BERtORDINO - REQUEST a.R COUNC~CTION Dept: Building and Safety July 26, 1989 It E C'D. ~ AD HI" SuI]j!C': "" lff.ofr. k"o ,,'" '.~J HUt,] -3 I" 0 . ~" .~ 'f2 Ordinance of the City of San Bernardino adding Chapter 15.24, dealing with property maintenance and required minimum standards From:. Larry E. Reed, Director Dete: Synoplis of Previous Council action: Recommended motion: That the Council waive further reading of this ordinance and lay it over for final adoption. CC: Marshall Julian, City Administrator Jim Richardson, Deputy City Administrator James F. Penman, City Attorney [ ~~ Signature Contact person: I arry Rppri, ni.."...tn.. nf Rllilnill9 alld Safety Phone: 3351 Supporting data attached: <;hff Ilepn"t Ward: Entire City (all wards) FUNDING REOUIREMENTS: Amount: N/A Sourc:e: (Acct. No.) (Acct. DescriPtion) Flnanc:e: Counc:il Notes: 75-0262 Agenda Item NO" 'CITY OF SAN BERt()RDINO - REQUEST OR COUNCIL ACTION STAFF REPORT Title 15 of San Bernardino Municipal Code regulates buildings and construction. The proposed ordinance is the City's first attempt at writing a property maintenance ordinance. City staff has handled property maintenance issues under Chapters 8.30 and 8.33 (public and property nuisances) and housing and dangerous building codes adopted in Title 15 of the City Code. However, not all blighting influences are nuisances or unsafe structures, The Mayor has proposed that property maintenance standards be developed to provide the City staff and City Attorney's Office with additional tools to help stop neighborhood deterioration, reduce blight, and improve the general public welfare. It is not anticipated that this Ordinance will add any significant additio~al work load. Staff will monitor it's impact if any and report back to Councll in six (6) months. LER:nhm July 26, 1989 75-0264 o o 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM 3 STANDARDS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. Chapter 15.24 is added to the San Bernardino 6 Municipal Code as follows: 7 8 "Chapter 15.24 Property Maintenance 9 15.24.010 Findings. 10 The citizens of San Bernardino have become increasingly 11 concerned with the unsightliness, the deterioration, and the 12 degradation of some residential and commercial properties in 13 their neighborhoods and have sought the help of city government 14 in their effort to preserve their neighborhoods. Local 15 governments have the authority to establish minimum requirements 16 for property maintenance to protect the health, safety and 17 appearance of neighborhoods. Enforcement of these minimum 18 maintenance requirements can reduce and eliminate blight and 19 deterioration of neighborhoods, protecting both property values 20 and neighborhood integrity. 21 The Mayor and Common Council hereby find that the 22 deterioration of neighborhoods by failure to maintain properties 23 results in an adverse affect on the health, safety, and welfare 24 of the citizens of this City. 25 15.24.020 Purpose. 26 The purpose of this chapter is to establish and enforce 27 minimum maintenance standards for residences, multi-residential, 28 PZ/dys August 2, 1989 1 10 11 12 13 4 o o 1 commercial and industrial property in order to protect and 2 preserve neighborhood integrity. 3 15.24.030 Definitions. 4 Except as otherwise defined in this chapter, all terms used 5 in this chapter which are defined by applicable state law, the 6 Uniform Building Code, or this code, are used in the chapter as 7 so defined, unless from the context it clearly appears that 8 different meaning is intended: 9 1. Owner means any person having a legal or equitable interest in the property. 2. Person means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing. 14 15.24.040 Maintenance requirements for residences. 15 Any person owning, renting, occupying or having charge of 16 any single family residence, or any two-unit or three-unit 17 residence, shall maintain the property in accordance with the 18 following minimum standards. Failure to comply with these 19 minimum standards shall constitute a violation of this code. 20 21 22 23 24 25 26 27 28 A. Exterior Requirements. 1. Front and side yards shall be landscaped (except for walks and driveways) with trees, shrubs, ground cover on slopes and lawn. 2. Trees, shrubs, lawns and other plantings shall be maintained, including regular irrigation, fertilization, pruning of trees, trimming of shrubs and cutting of lawns. Lawns shall be maintained not to exceed six (6) inches in PZ/dys August 2, 1989 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - o o 1 height. 2 3. Property shall be free of overgrown or dead 3 4 vegetation, weeds, and dead, decayed or diseased trees. Weeds include sage brush, dry grass, chaparral, and any 5 other brush or vegetation which attains extensive growth 6 and becomes a fire menace when dry. 7 4. Property shall be free of trash, litter, debris, 8 9 packing boxes, lumber, junk, salvage materials, appliances, machinery, equipment, any furniture (except for furniture specifically designed for outdoor use), including but not limited to, furniture on porches, balconies, sun decks, and in front yards, and any other personal property causing an unsightly appearance or nuisance. 5. Vehicles shall be parked in a garage, carport or on an improved surface. Recreational vehicles, mobile homes, camper shells and boats shall not be stored in front or side yards which are visible from any street or other public or private property, even if on an improved surface. 6. Property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a garage or storage area not visible from any street or other publiC or private property. 7. All improvements on the property, including but not limited to buildings, garages, carports, porches, gates, fences, doors, windows, roofs and gutters shall be painted/preserved and maintained in good repair and PZ/dys August 2, 1989 3 10 11 12 13 14 - o o 1 condition. Paint or preservatives shall not be worn, 2 peeling or cracking. 3 8. Sidewalks, driveways and other improved surfaces 4 shall be maintained in good repair and safe condition. 5 9. Buildings, structures, sidewalks and driveways 6 shall be free of graffiti. 7 10. Property shall be free from infestation of 8 9 termites, insects, vermin or rodents. 11. Property shall be properly connected to sewage disposal system or sanitary sewer and free from sewage seepage. 12. Pools shall be securely fenced and adequately maintained as required by codes. B. Interior Requirements. 15 The interiors of all buildings and structures on the 16 property, both existing and new, and all parts thereof, shall be 17 maintained in good repair and safe, sanitary conditions in 18 conformance with the building code under which it was built or 20 19 remodeled and any retroactive codes. 15.24.050 Maintenance requirements for multi-residential, 22 21 commercial and industrial property. 24 23 industrial property shall maintain the property in accordance Any person owning multi-residential, commercial or with the fOllowing minimum standards. Failure to comply with 25 these standar6s shall constitute a violation of this code. 26 27 28 A. Exterior Requirements. 1. All required setbacks abutting a public right-of- PZ/dys August 2, 1989 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ o o 1 way, all side yards, all rear yards and parking lots shall 2 be landscaped (except for walks, driveways and paved 3 surfaces) with trees, shrubs, ground cover and/or lawn in 4 accordance with approved plans. 5 2. Trees, shrubs, ground covers, lawns and other 6 planti~gs shall be maintained, including regular irrigation, fertilization, pruning of trees, trimming of shrubs and cutting of lawns. 7 8 9 3. Property shall be free of overgrown or dead vegetation, weeds, and dead, decayed or diseased trees. Weeds include weed seedlings, sage brush, dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. 4. Property shall be free of trash, litter, debris, packing boxes, junk and salvage materials (except where otherwise permitted by this code), broken or inoperative furniture, appliances, machinery and equipment and any other personal property causing an unsightly appearance or nuisance. 5. All improvements on the property, including but not limited to buildings, structures, storage areas, fences, windows, signs, roofs and gutters shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or cracking. 6. Sidewalks, driveways and all improved surfaces shall be maintained in good repair and safe condition. PZ/dys August 2, 1989 5 10 11 12 13 14 15 16 w o o 1 Parking lot stripping and handicapped markings shall be 2 maintained in good condition. 3 7. Buildings, structures, sidewalks, driveways and 4 parking lots shall be free of graffiti. 5 8. Property shall be free from infestation of 6 termites, insects, vermin or rodents. 7 9. Property shall be properly connected to a sewage 8 9 disposal system or sanitary sewer and free from sewage seepage. 10. Pools shall be securely fenced and adequately maintained as required by codes. 11. Recreational vehicles, mobile homes, camper shells and boats shall be stored in designated, screened areas on improved surfaces. None of the above shall be occupied. B. Interior Requirements. 17 The interiors of all buildings and structures on the 18 property, both existing and new, and all parts thereof, shall be 19 maintained in good repair and safe, sanitary conditions in 20 conformance with the building code under which it was built or 21 remodeled and any retroactive codes. 22 15.24.060 Enforcement--Pena1ty. 23 Any person who violates or causes the violation of any 24 provision of the chapter shall be deemed guilty of an infraction, 25 which upon conviction thereof is punishable in accordance with 26 the provisions of Section 1.12.010 of this code. 27 / / / / 28 PZ/dys August 2, 1989 6 - o o 1 15.24.070 Severability. 2 The provisions of this chapter are severable, and if any 3 sentence, section, or other part of this chapter should be found 4 to be invalid, such invalidity shall not affect the remaining 5 provisions, and the remaining provisions shall continue in full 6 force and effect." 7 I HEREBY CERTIFY that the foregoing ordinance was duly 8 adopted by the Mayor and Common Council of the City of San 9 Bernardino at a meeting thereof, held on the 10 day of , 1989, by the following vote, to wit: 11 AYES: Council Members 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney IJ " , . By: ~J~ 1:/ J PZ/dys August 2, 1989 7 "" - "'-- . I " " '.,,1 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM 3 STANDARDS.- 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Chapter 15.24 is added to the San Bernardino 7 Municipal Code as fOllows: 8 "Chapter 15.24 Property Maintenance 9 15.24.010 Findings. 10 The ci tj,zens of San Bernardino have become increasingly 13 their neighborhoods and have sought the help of city government 12 degradation of some residential and commercial properties in 11 concerned with the unsightliness, the deterioration, and the , 14 in their effort to preserve their neighborhoods. Local 15 governments have the authority to establish minimum requirements 16 for property maintenance to protect the health, safety and 17 appearance of neighborhoods. Enforcement of these minimum 18 maintenance requirements can reduce and eliminate blight and 20 and neighborhood integrity. 19 deterioration of neighborhoods, protecting both property values 24 of the citizens of this City. 23 results in an adverse affect on the health, safety, and welfare 22 deterioration of neighborhoods by failure to maintain properties 21 The Mayor and Common Council hereby find that the 25 15.24.020 Purpose. 26 The purpose of th:is chapter is to establish and enforce 27 minimum maintenance standards for residences, mUlti-residential, 28 PZ/dys August 2, 1989 1 , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c ...,~ commercial and industrial property in order to protect and preserve neighborhood integrity. 15.24.030 Definitions. Except as otherwise defined in this chapter, all terms used in this chapter which are defined by applicable state law, the Uniform Building Code, or this code, are used in the chapter as so defined, unless from the context it clearly appears that different meaning is intended: 1. Owner means any person having a legal or equitable interest in the property. 2. Person means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing. 15.24.040 Maintenance requirements for residences. Any person owning, renting, occupying or having charge of any single family residence, or any two-unit or three-unit residence, shall maintain the property in accordance with the following minimum standards. Failure to comply with these minimum standards shall constitute a violation of this code. A. Exterior Requirements. 1. Front and side yards shall be landscaped with trees, shrubs, ground cover, decorative rock, cement, redwood bark and lawn. 2. Trees, shrubs, lawns and other plantings shall be maintained, including regular irrigation, fertilization, pruning of trees, trimming of shrubs and cutting of lawns. PZ/dys August 2, 1989 2 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ ,./ Lawns shall be maintained not to exceed six (6) inches in he~ght. 3. Property shall be free of overgrown or dead vegetation, weeds, and dead, decayed or diseased trees. Weeds include sage brush, dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. 4. Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials, appliances, machinery, equipment, any furniture (except for furniture specifically designed for outdoor use), including but not limited to, furniture on porches, balconies, sun decks, and in front yards, and any other personal property causing an unsightly appearance or nuisance. 5. Vehicles shall be parked ina garage, carport or on an improved surface. Recreational vehicles, motor homes, trailers, camper shells and boats shall not be stored in front yards, even if on an improved surface. 6. Property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a garage or storage area not visible from any street or other public or private property. 7. All improvements on the property, including but not limited to buildings, garages, carports, porches, gates, fences, doors, windows, roofs and gutters shall be painted/preserved and maintained in good repair and PZ/dys August 2, 1989 3 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ ~ ~ condition. Paint or preservatives shall not be worn, peeling or cracking. 8. Sidewalks, driveways and other improved surfaces shall be maintained in good repair and safe condition. 9. Buildings, structures, sidewalks and driveways shall be free of graffiti. 10. Property shall be free from infestation of termites, insects, vermin or rodents. 11. Property shall be properly connected to sewage disposal system or sanitary sewer and free from sewage seepage. 12. Pools shall be securely fenced and adequately maintained as required by codes. B. Interior Requirements. The interiors of all buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance with the building code under which it was built or remodeled and any retroactive codes. 15.24.050 Maintenance requirements for multi-residential, commercial and industrial property. Any person owning multi-residential, commercial or industrial property shall maintain the property in accordance with the following minimum standards. Failure to comply with these standards shall constitute a violation of this code. A. Exterior Requirements. 1. All required setbacks abutting a public right-of- PZ/dys 4 August 2, 1989 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \",/ ",-,,' way, all side yards, all rear yards and parking lots shall be. landscaped (except for walks, driveways and paved surfaces) with trees, shrubs, ground cover, decorative rock, redwood bark and/or lawn in accordance with approved plans. 2. Trees, shrubs, ground covers, lawns and other plantings shall be maintained, inCluding regular irrigation, fertilization, pruning of trees, trimming of shrubs and cutting of lawns. 3. Property shall be free of overgrown or dead vegetation, weeds, and dead, decayed or diseased trees. Weeds include weed seedlings, sage brush, dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. 4. Property shall be free of trash, litter, debris, packing boxes, junk and salvage materials (except where otherwise permitted by this code), broken or inoperative furniture, appliances, machinery and equipment and any other personal property causing an unsightly appearance or nuisance. 5. All improvements on the property, including but not limited to buildings, structures, storage areas, fences, windows, signs, roofs and gutters shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or cracking. PZ/dys August 2, 1989 5 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c J "'- 6. Sidewalks, driveways and all improved surfaces sh~ll be maintained in good repair and safe condition. Parking lot stripping and handicapped markings shall be maintained in good condition. 7. Buildings, structures, sidewalks, driveways and parking lots shall be free of graffiti. 8. Property shall be free from infestation of termites, insects, vermin or rodents. 9. Property shall be properly connected to a sewage disposal system or sanitary sewer and free from sewage seepage. 10. Pools shall be securely fenced and adequately maintained as required by codes. 11. Recreational vehicles, mobile homes, camper shells and boats shall be stored in designated, screened areas on improved surfaces. None of the above shall be occupied. B. Interior Requirements. The interiors of all buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance with the building code under which it was built or remodeled and any retroactive codes. 15.24.060 Enforcement--Penalty. Any person who violates or causes the violation of any provision of the chapter shall be deemed guilty of an infraction, PZ/dys August 2, 1989 6 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \..,;F ~- .. which upon conviction thereof is punishable in accordance with the prov~sions of Section 1.12.010 of this code. 15.24.070 Severability. The provisions of this chapter are severable, and if any sentence, section, or other part of this chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect." 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 day of , 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: PZ/dys August 2, 1989 7 ) ~ It 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - j .~ lit J. c ..'\ ...,I ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM STANDARDS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.24 is added to the San Bernardino Municipal Code as follows: "Chapter 15.24 Property Maintenance 15.24.010 Findings. The citizens of San Bernardino have become increasingly concerned with the unsightliness, the deterioration, and the degradation of some residential and commercial properties in their neighborhoods and have sought the help of city government in their effort to preserve their neighborhoods. Local governments have the authority to establish minimum requirements for property maintenance to protect the health, safety and appearance of neighborhoods. Enforcement of these minimum maintenance requirements can reduce and eliminate blight and deterioration of neighborhoods, protecting both property values and neighborhood integrity. The Mayor and Common Council hereby find that the deterioration of neighborhoods by failure to maintain properties results in an adverse affect on the health, safety, and welfare of the citizens of this City. / / / / / / / / / PZ/dys August 2, 1989 1 . ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U- ........ ,~---, '-" 15.24.020 Purpose. The purpose of this chapter is to establish and enforce minimum maintenance standards for residences, multi-residential, commercial and industrial property in order to protect and preserve neighborhood integrity. 15.24.030 Definitions. Except as otherwise defined in this chapter, all terms used in this chapter which are defined by applicable state 1 aw, the Uniform Building Code, or this code, are used in the chapter as so defined, unless from the context it clearly appears that different meaning is intended: 1. Owner means any person having a legal or equitable interest in the property. 2. Person means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing. 15.24.040 Maintenance requirements for residences. Any person owning, renting, occupying or having charge of any single family residence, or any two-unit or three-unit residence, shall maintain the property in accordance with the fOllowing minimum standards. Failure to comply with these minimum standards shall constitute a violation of this code. A. Exterior Requirements. 1. Front and side yards shall be landscaped (except for walks and driveways) with trees, shrubs, ground cover, decorative rock, cement, redwood bark and/or lawn. / / / PZ/dys August 2, 1989 2 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "~ ~ .~ ~ 2. Trees, shrubs, lawns and other plantings shall be mainta~ned, including regular irrigation, fertilization, pruning of trees, trimming of shrubs and cutting of lawns. Lawns shall be maintained not to exceed six (6) inches in height. 3. Property shall be free of overgrown or dead vegetation, weeds, and dead, decayed or diseased trees. Weeds include sage brush, dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. 4. Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials, appliances, machinery, equipment, any furniture (except for furniture specifically designed for outdoor use), including but not limited to, furniture on porches, balconies, sun decks, and in front yards, and any other personal property causing an unsightly appearance or nuisance. 5. Vehicles shall be parked in a garage, carport or on an improved surface. Recreational vehicles, motor homes, trailers, camper shells and boats shall not be stored in front yards, even if on an improved surface. 6. property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a garage or storage area not visible from any street or other public or private property. 7. All improvements on the property, including but not limited to buildings, garages, carports, porches, PZ/dys August 2, 1989 3 'I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1'''''. '-' \ '-'" gates, fences, doors, windows, roofs and gutters shall be pa~nted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or cracking. 8. Sidewalks, driveways and other improved surfaces shall be maintained in good repair and safe condition. 9. Buildings, structures, sidewalks and driveways shall be free of graffiti. 10. Property shall be free from infestation of termites, insects, vermin or rodents. 11. Property shall be properly connected to sewage disposal system or sanitary sewer and free from sewage seepage. 12. Pools shall be securely fenced and adequately maintained as required by codes. B. Interior Requirements. The interiors of all buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance with the building code under which it was built or remodeled and any retroactive codes. 15.24.050 Maintenance requirements for multi-residential, commercial and industrial property. Any person owning multi-residential, commercial or industrial property shall maintain the property in accordance with the following minimum standards. Failure to comply with these standards shall constitute a violation of this code. PZ/dys August 2, 1989 4 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c ~ A. Exterior Requirements. 1. All required setbacks abutting a public right-of- way, all side yards, all rear yards and parking lots shall be landscaped (except for walks, driveways and paved surfaces) with trees, shrubs, ground cover, decorative rock, redwood bark and/or lawn in accordance with approved plans. Trees, shrubs, ground covers, lawns and other 2. plantings shall be maintained, inclUding regular irrigation, fertilization, pruning of trees, trimming of shrubs and cutting of lawns. 3. property shall be free of overgrown or dead vegetation, weeds, and dead, decayed or diseased trees. Weeds include weed seedlings, sage brush, dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. 4. property shall be free of trash, litter, debris, packing boxes, junk and salvage materials (except where otherwise permitted by this code), broken or inoperative furniture, appliances, machinery and equipment and any other personal property causing an unsightly appearance or nuisance. All improvements on the property, including but 5. not limited to buildings, structures, storage areas, fences, windows, signs, roofs and gutters shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, PZ/dys August 2, 1989 5 t! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c '\ -.,./ peeling or cracking. 6. Sidewalks, driveways and all improved surfaces shall be maintained in good repair and safe condition. Parking lot stripping and handicapped markings shall be maintained in good condition. 7. Buildings, structures, sidewalks, driveways and parking lots shall be free of graffiti. 8. Property shall be free from infestation of termites, insects, vermin or rodents. 9. Property shall be prOperly connected to a sewage disposal system or sanitary sewer and free from sewage seepage. 10. Pools shall be securely fenced and adequately maintained as required by codes. 11. Recreational vehicles, mobile homes, camper shells and boats shall be stored in designated, screened areas on improved surfaces. None of the above shall be occupied. B. Interior Requirements. The interiors of all bUildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance with the building code under which it was built or remodeled and any retroactive codes. 15.24.060 Minor DeViation Permit. The Director of Building and Safety or his designee may issue a minor deviation permit upon a showing of good cause or PZ/dys August 2, 1989 6 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r--"-. \....; '-' unnecessary hardship, provided there is no objection by surrounding neighbors and provided that the protection sought by this chapter is not reduced thereby. A. Application. Application for minor deviation permits must be submitted in writing to the Director of Building and Safety and must state the cause or hardship making the minor deviation necessary, along with any required documentation including a most recent tax return for economic hardship. Upon submission of a written application and payment of permit fees, notice by certified mail shall be sent to all property owners within 300 feet of the applicant's property by the Director of Building and Safety. Said notice to the above property owners shall apprise them of the requested deviation and their right to object within ten (10) days of the notice date. Wi thin thirty (30) days of filing the application, the applicant shall receive a minor deviation permit or a letter rejecting applicant's request status reasons for rejection. B. Permit Fees. Permit fees shall be established by resolution by the Mayor and Common Council and shall include the costs of the certified mailing to surrounding property owners. C. Appeal. The decision of the Director of Building and Safety can be appealed to the Mayor and Common Council by any interested party, including surrounding property owners in accordance with appeal procedures in Chapter 2.64 of this code. D. Termination of Permit. The permit expires automatically in five (5) years or immediately upon transfer of the property or any change in circumstances. Property owners PZ/dys August 2, 1989 7 w. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ;/"..-.., .. .....,,; v receiving a permit based on economic hardship shall file a copy of their annual tax returns with the Director of Building and Safety. E. Revocation. Permits may be revoked if information on the application was false or for a change in circumstances. All revocations shall be in writing and shall state reasons for revocation. Revocations may be appealed to the Mayor and Common Council in accordance with provisions of Chapter 2.64 of this code. 15.24.070 Enforcement--Penalty. Any person who violates or causes the violation of any provision of the chapter shall be deemed guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this code. 15.24.080 Severability. The provisions of this chapter are severable, and if any sentence, section, or other part of this chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect." 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 day of , 1989, by the fOllowing vote, to wit: / / / / / / PZ/dys August 2, 1989 8 r-'. V ,,J ORDINANCE...ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM STANDARDS. AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: PZ/dys August 2, 1989 9 o o ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM 3 STANDARDS. . 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Chapter 15.24 is added to the San Bernardino 7 Municipal Code as fOllows: 8 "Chapter 15.24 Property Maintenance 9 15.24.010 Findings. 10 The citizens of San Bernardino have become increasingly 11 concerned with the unsightliness, the deterioration, and the 12 degradation of some residential and commercial properties in 14 13 their neighborhoods and have sought the help of city government in their effort to preserve their neighborhoods. Local 15 governments have the authority to establish minimum requirements 17 16 for property maintenance to protect the health, safety and appearance of neighborhoods. Enforcement of these minimum 18 maintenance requirements can reduce and eliminate blight and 19 deterioration of neighborhoods, protecting both property values 20 and neighborhood integrity. 21 The Mayor and Common Council hereby find that the 24 of the citizens of this City. 23 results in an adverse affect on the health, safety, and welfare 22 deterioration of neighborhoods by failure to maintain properties 25 15.24.020 Purpose. 26 The purpose of this chapter is to establish and enforce 27 minimum maintenance standards for residences, mUlti-residential, 28 PZ/dys August 2, 1989 1. -~ o o 2 preserve neighborhood integrity. 1 commercial and industrial property in order to protect and 3 15.24.030.Definitions. 4 Except as otherwise defined in this chapter, all terms used 5 in this chapter which are defined by applicable state law, the 6 Uniform Building Code, or this code, are used in the chapter as 7 so defined, unless from the context it Clearly appears that 8 different meaning is intended: 9 1. Owner means any person having a legal or 10 equitable interest in the property. 11 2. Person means an individual, partnership, 12 13 any of 'the foregoing. corporation, association or organization, or the agent of 14 15.24.040 Maintenance requirements for residences. 15 Any person owning, renting, OCcupying or having charge of 18 17 residence, shall maintain the property in accordance with the 16 any single family residence, or any two-unit or three-unit fOllowing minimum standards. Failure to comply with these 20 19 minimum standards shall constitute a violation of this code. A. Exterior Requirements. 21 1. Front and side yards shall be landscaped with 22 trees, shrubs, ground cover, decorative rock, cement, 23 redwood bark and lawn. 24 2. Trees, shrubs, lawns and other plantings shall 25 be maintained, inCluding regular irrigation, fertilization, 26 pruning of trees, trimming of shrubs and cutting of lawns. 27 28 PZ/dys August 2, 1989 2 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 Lawns shall be maintained not to exceed six (6) inches in 2 height. 3. Property shall be free of overgrown or dead 3 4 vegetation, weeds, and dead, decayed or diseased trees. 5 Weeds include sage brush, dry grass, chaparral, and any 6 other brush or vegetation which attains extensive growth 7 and becomes a fire menace when dry. 8 9 4. Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials, appliances, 10 machinery, equipment, any furniture (except for furnit~re specifically designed for outdoor use), including but not 11 12 limited to, furniture on porches, balconies, sun decks, 13 and in front yards, and any other personal property causing an unsightly appearance or nuisance. 5. All opera~le vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored in a garage, carport or on an improved surface. 6. Property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a garage or storage area not visible from any street or other public or private property. 7. All improvements on the property, including but not limited to buildings, garages, carports, porches, gates, fences, doors, windows, roofs and gutters shall be painted/preserved and maintained in good repair and PZ/dys August 2, 1989 3 ~ 7 8 9 10 11 12 13 14 o o 1 condition. Paint or preservatives shall not be worn, 2 pe~ling or cracking. 3 4 8. Sidewalks, driveways and other improved surfaces shall be maintained in good repair and safe condition. 5 9. Buildings, structures, sidewalks and driveways 6 shall be free of graffiti. 10. Property shall be free from infestation of termites, insects, vermin or rodents. 11. Property shall be properly connected to sewage disposal system or sanitary sewer and free from sewage seepage. 12. Pools shall be securely fenced and adequately maintained as required by codes. B. Interior Requirements. 15 The interiors of all buildings and structures on the 16 property, both existing and new, and all parts thereof, shall be 17 maintained in good repair and safe, sanitary conditions in 18 conformance with the building code under which it was built or 19 remodeled and any retroactive codes. 20 15.24.050 Maintenance requirements for multi-residential, 21 commercial and industrial property. 22 Any person owning multi-residential, commercial or 23 industrial property shall maintain the property in accordance 24 with the following minimum standards. Failure to comply with 25 these standards shall constitute a violation of this code. 26 27 28 A. Exterior Requirements. 1. All required setbacks abutting a public right-of- PZ/dys August 2, 1989 4 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o way, all side yards, all rear yards and parking lots shall be landscaped (except for walks, driveways and paved surfaces) with trees, shrubs, ground cover, decorative rock, redwood bark and/or lawn in accordance with approved plans. 2. Trees, shrubs, ground covers, lawns and other plantings shall be maintained, including regular irrigation, fertilization, pruning of trees, trimming of shrubs and cutting of lawns. 3. Property shall be free of overgrown or dead vegetation, weeds, and dead, decayed or diseased trees. Weeds include weed seedlings, sage brush, dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. 4. Property shall be free of trash, litter, debris, packing boxes, junk and salvage materials (except where otherwise permitted by this code), broken or inoperative furniture, appliances, machinery and equipment and any other personal property causing an unsightly appearance or nuisance. 5. All improvements on the property, including but not limited to buildings, structures, storage areas, fences, windows, signs, roofs and gutters shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or cracking. PZ/dys August 2, 1989 5 , . o o 1 6. Sidewalks, driveways and all improved surfaces 2 3 shall be maintained in good repair and safe condition. parking lot stripping and handicapped markings shall be maintained in good condition. 4 5 6 7 8 7. Buildings, structures, sidewalks, driveways and parking lots shall be free of graffiti. 8. property shall be free from infestation of termites, insects, vermin or rodents. 9 9. property shall be properly connected to a sewage 10 disposal system or sanitary sewer and free from sewage 12 13 14 seepage. 10. Pools shall be securely fenced and adequately 11 maintained as required by codes. 11. Recreational vehicles, mobile homes, camper 15 shells and boats shall be stored in designated, screened 16 areas on improved surfaces. None of the above shall be 17 18 occupied. 19 The interiors of all buildings and structures on the B. Interior Requirements. 20 property, both existing and new, and all parts thereof, shall be 21 maintained in good repair and safe, sanitary conditions in 22 conformance with the building code under which it was built or 23 remodeled and any retroactive codes. 24 15.24.060 Enforcement--penalty. 25 Any person who violates or causes the violation of any 26 provision of the chapter shall be deemed guilty of an infraction, 27 28 PZ/dys August 2, 1989 6 19 20 21 o o 1 which upon conviction thereof is punishable in accordance with 2 the provisions of Section 1.12.010 of this code. 3 15.24.070 Severability. 4 The provisions of this chapter are severable, and if any 5 sentence, section, or other part of this chapter should be found 6 to be invalid, such invalidity shall not affect the remaining 7 provisions, and the remaining provisions shall continue in full 8 force and effect." 9 I HEREBY CERTIFY that the foregoing ordinance was duly 10 adopted by the Mayor and Common Council of the City of San 11 Bernardino at a meeting thereof, held on the 12 day of , 1989, by the following vote, to wit: 13 AYES: Council Members 14 15 16 17 18 NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. 22 W. R. HOlcomb, Mayor City of San Bernardino 24 23 Approved as to form and legal content: 25 JAMES F. PENMAN, City Attorney 26 By: 27 28 PZ/dys August 2, 1989 7 '. ,ZtJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 - WI ( \..../ , ......J ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM STANDARDS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.24 is added to the San Bernardino Municipal Code as follows: "Chapter 15.24 Property Maintenance 15.24.010 Findings. The citizens of San Bernardino have become increasingly concerned with the unsightliness, the deterioration, and the degradation of some residential and commercial properties in their neighborhoods and have sought the help of city government in their effort to preserve their neighborhoods. Local governments have the authority to establish minimum requirements for property maintenance to protect the health, safety and appearance of neighborhoods. Enforcement of these minimum maintenance requirements can reduce and eliminate blight and deterioration of neighborhoods, protecting both property values and neighborhood integrity. The Mayor and Common Council hereby find that the deterioration of neighborhoods by failure to maintain properties results in an adverse affect on the health, safety, and welfare of the citizens of this City. / / / / / / / / / PZ/dys August 2, 1989 1 . ( ~ ~ ; .,/ 1 1 15.24.020 purpose. 2 The purpose of this chapter is to establish and enforce 3 minimum maintenance standards for residences, multi-residential, 4 commercial and industrial property in order to protect and 5 preserve neighborhood integrity. 6 15.24.030 Definitions. 7 Except as otherwise defined in this chapter, all terms used 8 in this chapter which are defined by applicable state law, the 9 Uniform Building Code, or this code, are used in the chapter as 10 so defined, unless from the context it clearly appears that 11 different meaning is intended: 12 1. Owner means any person having a legal or 13 equitable interest in the property. 14 2. Person means an individual, partnership, 15 16 corporation, association or organization, or the agent of any of the foregoing. 17 15.24.040 Maintenance requirements for residences. 18 19 any single family residence, or any two-unit or three-unit Any person owning, renting, occupying or having charge of 20 residence, shall maintain the property in accordance with the 21 following minimum standards. Failure to comply with these 22 minimum standards shall constitute a violation of this code. 23 24 A. Exterior Requirements. 1. Front and side yards shall be landscaped (except 25 for walks and driveways) with trees, shrubs, ground cover, 26 decorative rock, redwood bark and/or lawn. 27 / / / 28 PZ/dys August 2, 1989 2 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / ' ~ ~ 2. Trees, shrubs, lawns and other plantings shall be ma~ntained, including regular irrigation, fertilization, pruning of trees, trimming of shrubs and cutting of lawns. Lawns shall be maintained not to exceed six (6) inches in height. 3. Property shall be free of overgrown or dead vegetation, weeds, and dead, decayed or diseased trees. Weeds include sage brush, dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. 4. Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials, appliances, machinery, equipment, any furniture (except for furniture specifically designed for outdoor use), including but not limited to, furniture on porches, balconies, sun decks, and in front yards, and any other personal property causing an unsightly appearance or nuisance. 5. All operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored in a garage, carport or on an improved surface. 6. Property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a garage or storage area not visible from any street or other public or private property. 7. All improvements on the property, including but not limited to buildings, garages, carports, porches, PZ/dys August 2, 1989 3 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c ~ J gates, fences, doors, windows, roofs and gutters shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or craCking. 8. Sidewalks, driveways and other improved surfaces shall be maintained in good repair and safe condition. 9. BUildings, structures, sidewalks and driveways shall be free of graffiti. 10. Property shall be free from infestation of termites, insects, vermin or rodents. 11. Property shall be prOperly connected to sewage disposal system or sanitary sewer and free from sewage seepage. 12. Pools shall be seCUrely fenced and adequately maintained as required by codes. B. Interior ReqUirements. The interiors of all buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance with the building code under which it was built or remodeled and any retroactive codes. 15.24.050 Maintenance requirements for mUlti-reSidential, commercial and industrial property. Any person owning mUlti-reSidential, commercial or industrial property shall maintain the property in accordance with the fOllowing minimum standards. Failure to COmply with these standards shall constitute a viOlation of this code. PZ/dys August 2, 1989 4 .. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , ....... , ,j A. Exterior Requirements. 1. All required setbacks abutting a public right-of- way, all side yards, all rear yards and parking lots shall be landscaped (except for walks, driveways and paved surfaces) with trees, shrubs, ground cover, decorative rock, redwood bark and/or lawn in accordance with approved plans. 2. Trees, shrubs, ground covers, lawns and other plantings shall be maintained, including regular irrigation, fertilization, pruning of trees, trimming of shrubs and cutting of lawns. 3. Property shall be free of overgrown or dead vegetation, weeds, and dead, decayed or diseased trees. Weeds inClude weed seedlings, sage brush, dry grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. 4. Property shall be free of trash, litter, debris, packing boxes, junk and salvage materials (except where otherwise permitted by this code), broken or inoperative furniture, appliances, machinery and equipment and any other personal property causing an unsightly appearance or nuisance. 5. All improvements on the property, including but not limited to buildings, structures, storage areas, fences, windows, signs, roofs and gutters shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, PZ/dys August 2, 1989 5 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J ( v , " ,J peeling or cracking. 6. Sidewalks, driveways and all improved surfaces shall be maintained in good repair and safe condition. Parking lot stripping and handicapped markings shall be maintained in good condition. 7. Buildings, structures, sidewalks, driveways and parking lots shall be free of graffiti. 8. Property shall be free from infestation of termites, insects, vermin or rodents. 9. Property shall be properly connected to a sewage disposal system or sanitary sewer and free from sewage seepage. 10. Pools shall be securely fenced and adequately maintained as required by codes. 11. Recreational vehicles, mobile homes, camper shells and boats shall be stored in designated, screened areas on improved surfaces. None of the above shall be occupied. B. Interior Requirements. The interiors of all buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance with the building code under which it was built or remodeled and any retroactive codes. 15.24.060 Minor Deviation Permit. The Director of Building and Safety or his designee may issue a minor deviation permit upon a showing of good cause or PZ/dys August 2, 1989 6 ~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r , ....... ,-,,I unnecessary hardship, provided there is no objection by surround~ng neighbors and provided that the protection sought by this chapter is not reduced thereby. A. Application. Application for minor deviation permits must be submitted in writing to the Director of Building and Safety and must state the cause or hardship making the minor deviation necessary, along with any required documentation including a most recent tax return for economic hardship. Upon submission of a written application and payment of permit fees, notice by certified mail shall be sent to all property owners within 300 feet of the applicant's property by the Director of Building and Safety. Said notice to the above property owners shall apprise them of the requested deviation and their right to object within ten (10) days of the notice date. Within thirty (30) days of filing the application, the applicant shall receive a minor deviation permit or a letter rejecting applicant's request status reasons for rejection. B. Permi t Fees. Permit fees shall be established by resolution by the Mayor and Common Council and shall include the costs of the certified mailing to surrounding property owners. C. Appeal. The decision of the Director of Building and Safety can be appealed to the Mayor and Common Council by any interested party, including surrounding property owners in accordance with appeal procedures in Chapter 2.64 of this code. D. Termination of Permit. The permit expires automatically in five (5) years or immediately upon transfer of the property or any change in circumstances. Property owners PZ/dys August 2, 1989 7 ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 u 1 ./ '-' , , "",... receiving a permit based on economic hardship shall file a copy of their aRnual tax returns with the Director of Building and Safety. E. Revocation. Permits may be revoked if information on the application was false or for a change in circumstances. All revocations shall be in writing and shall state reasons for revocation. Revocations may be appealed to the Mayor and Common Council in accordance with provisions of Chapter 2.64 of this code. 15.24.070 Enforcement--Penalty. Any person who violates or causes the violation of any provision of the chapter shall be deemed guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this code. 15.24.080 Severability. The provisions of this chapter are severable, and if any sentence, section, or other part of this chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect." 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 day of , 1989, by the following vote, to wit: / / / / / / PZ/dys August 2, 1989 8 j .. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. - .p \...... ...~ ORDINANCE...ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM STANDARDS. AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: PZ/dys August 2, 1989 9