HomeMy WebLinkAbout01-Building & Safety
CICt OF SAN BERNARDCO - REQUIEOr FOR COUNC~CQ)N
Dept:
Building and Safety
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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, Di rector
Date:
July 26, 1989
Synopsis 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
JiTl!Richar~son, Deputy City Administrator
Jalllt!t"f. Peillllall, City Attorney .~
L.
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Signature
Contact person: I arry Rppn, Oirprtnr nf Rllilding and Safety Phone: 3351
Supporting data attached: ~t~ff Ilepnrt
Ward: Entire City (all wards)
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.!
(Acct. Descriotion)
Finance:
Council Notes:
75-0262
Agenda Item No.
I
CIU OF SAN BERNARDOo - REQUEOr FOR COUNCIL AC~N
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 tliis Ordinance will add any significant additional
work load. Staff will monitor it's impact if any and report back to Council
in six (6) months.
LER:nhm
July 26, 1989
75-0264
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ALTBRNATXVES/ADDXTXONS
3. PROPOSED Alternative to 15.24.040(8):
"8. Walkways on private property, driveways and other
improved surfoces shall be maintained in good repair and safe
condition. "
4. PROPOSED Alternative to 15.24.050(8):
"8. Walkways on private property, 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."
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September 7, 1989
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ALTERNATXVES/ADDXTXONS
1. PROPOSED Alternative 15.24.040(5):
"5. Vehicles ~all be parked in a garage, carp9't'ur 9JI. an
k-/tma?1 ~~NIJ tt/'12L1 /Ilk;? //.4Uf C&~
improved surface. RQCr9lil.ti'0ruiJ.' ""'hiC"A",,,,. motor homo (3 , trailer(3;
campe~-eF camper ",hA"'6 aud .boats -shaY..-nGt--be. ..torAd in frnnt
yards; even if on.3{1.impravedsurface." .
2. PROPOSED Amendment to Chapter 15.24:
"15.24.
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
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
obj ect wi thin 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
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August 3D, 1989
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1 request status reasons for rejection.
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permi t Fees.
Permit fees shall be established by
B.
3 resolution by the Mayor and Common Council and shall include the
4 costs of the certified mailing to surrounding property owners.
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Appeal.
The decision of the Director of Building and
C.
6 Safety can be appealed to the Mayor and Common Council by any
7 interested party, including surrounding property owners in
8 accordance with appeal procedures in Chapter 2.64 of this code.
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Termination of Permit.
The permit expires
D.
10 automatically in five (5) years or immediately upon transfer of
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12 receiving a permit based on economic hardship shall file a copy
the property or any change in circumstances.
Property owners
13 of their annual tax returns with the Director of Building and
14 Safety.
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E.
Revocation.
Permits may be revoked if information on
16 the application was false or for a change in circumstances. All
17 revocations shall be in writing and shall state reasons for
18 revocation. Revocations may be appealed to the Mayor and Common
19 Council in accordance with provisions of Chapter 2.64 of this
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20 code."
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August 30, 1989
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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:
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SECTION 1.
Chapter 15.24 is added to the San Bernardino
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Municipal Code as follows:
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"Chapter 15.24
Property Ma~ntenance
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
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in their effort to preserve their neighborhoods.
Local
15 governments have the authority to estab1~sh minimum requirements
16 for property ma~ntenance to protect the health, safety and
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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 resul ts 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 res~dences, multi-residential,
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August 30, 1989
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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 1 aw, 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:
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1.
Owner means any person having a legal or
equitable interest in the property.
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2.
Person means an individual, partnership,
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corporation, association or organization, or the agent of
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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
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following minimum standards.
Failure to comply with these
19 minimum standards shall constitute a violation of this code.
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A. Exterior Requirements:
1. Front~~~.J!!eJ~a1~ ~caped
(except for ~kS and dri v~;)"w~ th tre:lt shrubs, ?Jrpund
h;.?lzdul' f$
cover, decorative rock, redwood bark and/or lawn.
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2.
Trees, shrubs, lawns and other plantings shall
25 be maintained, including regular irrigation, pruning of
26 trees, trimming of shrubs and cutting of lawns.
27 / / / /
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August 30, 1989
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3.
Property shall be free of overgrown or dead
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vegetation, including but not limited to weeds, trees or
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limbs. Weeds include sage brush, dry grass, chaparral, and
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any other brush or vegetation which attains extensive
growth and becomes a fire menace when dry.
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4.
Property shall be free of trash, litter, debris,
packing boxes, lumber, junk, salvage materials, appliances,
machinery, equipment, any furniture (except for furniture
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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. None of the above shall be occupied.
6.
Property shall be free of inoperable or abandoned
vehicles and parts of vehicles unless they are safely
stored in a garage or enclosed storage area.
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
condition.
Paint or preservatives shall not be worn,
peeling or cracking.
G
Sidewalks, driveways and other improved surfaces
shall be maintained in good repair and safe condition.
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August 30, 1989
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9.
Buildings, structures, sidewalks and driveways
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shall be free of graffiti.
10. Property shall be free from infestation of
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termites, insects, vermin or rodents.
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11. Improved property shall be properly connected to
sewage disposal system or sanitary sewer and free from
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sewage seepage.
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12. Pools shall be securely fenced and adequately
maintained as required by codes.
B.
Interior Requirements.
11 The interiors of all buildings and structures on the
12 property, both existing and new, and all parts thereof, shall be
13 maintained in good repair and safe, sanitary conditions in
14 conformance with the building code under which it was built or
15 remodeled and any retroactive codes.
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Maintenance requirements for multi-residential,
15.24.050
17 commercial and industrial property.
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Any person owning multi-residential, commercial or
19 industrial property shall maintain the property in accordance
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Failure to comply with
21 these standards shall constitute a violation of this code.
with the following minimum standards.
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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 improved
surfaces) with trees, shrubs, ground cover, decorative
rock, redwood bark and/or lawn.
Where applicable,
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landscaping shall be in accordance with approved plans.
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2.
Trees, shrubs, ground covers, lawns and other
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plantings shall be maintained, including regular
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irrigation, pruning of trees, trimming of shrubs and
cutting of lawns.
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3.
property shall be free of overgrown or dead
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vegetation, including but not limited to weeds, trees or
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Weeds include weed seedlings, sage brush, dry
limbs.
grass, chaparral, and any other brush or vegetation which
attains extensive growth and becomes a fire menace when
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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 vehicles shall be parked or stored on an
improved surface.
6.
Recreational vehicles, motor homes, trailers,
campers or camper shells and boats shall be stored in
designated, screened areas on improved surfaces. None of
the above shall be occupied.
7.
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
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August 30, 1989
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condition.
Paint or preservatives shall not be worn,
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peeling or cracking.
~ Sidewalks, driveways and all improved surfaces
shall be maintained in good repair and safe condition.
Parking lot striP)(in9 and handicapped markings shall be
maintained in good condition.
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9.
Buildings, structures, sidewalks, driveways and
parking lots shall be free of graffiti.
10. property shall be free from infestation of
termites, insects, vermin or rodents.
11. Improved property shall be properly connected to
a 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.
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--Penalty.
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.
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August 30, 1989
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1 15.24.070 Sever~bility.
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 X HEREBY CERTXFY 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
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NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1989.
20 W. R. Holcomb, Mayor
Ci ty of San Bernardino
21 Approved as to form
and legal content:
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24 By:
JAMES F. PENMAN, City Attorney
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August 30, 1989
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