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':
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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
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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
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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
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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-
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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.
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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
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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
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'.,,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
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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.
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August 2, 1989
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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
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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-
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26
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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.
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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,
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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:
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...,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.
/ / /
/ / /
/ / /
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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.
/ / /
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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,
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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.
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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,
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7
8
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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
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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
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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:
/ / /
/ / /
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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:
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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
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August 2, 1989
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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
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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
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August 2, 1989
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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-
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August 2, 1989
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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.
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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
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20
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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
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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
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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
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August 2, 1989
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23
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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
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6
7
8
9
10
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16
17
18
19
20
21
22
23
24
25
26
27
28
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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.
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August 2, 1989
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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
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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
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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
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3
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5
6
7
8
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23
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25
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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
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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:
/ / /
/ / /
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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:
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