HomeMy WebLinkAbout74-City Attorney
'C"'l~" OF SAN BERNARDIU - REQUL)r FOR COUNCIL AC ...JON
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of San Bernardino ~
Code Section 15.28.140
JAMES F. PENMAN
REC'D.-ADHIN.OFt.Subject:
Amendment
Municipal
From:
Dept: City Attorney
iJS7 AUG 2G Mill: lij
Date: August 26, 1987
Synopsis of Previous Council action:
NONE
Recommended motion:
waive First Reading and layover for Final Passage.
Contact penon:
John F. Wilson, Deputy Ci
Phone:
5162
Supporting data ettached:
Staff Memorandum
Ward:
All
FUNDING REQUIREMENTS:
Amount:
-0-
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notel:
79~
Am:~nrf. Itlllm Nn
'CI~ OF SAN BERNARDIO - REQUa:.Jr FOR COUNCIL AC'\...DN
STAFF REPORT
The City of San Bernardino currently has a problem
arrising from the use of abandoned buildings in various
fraud schemes. The building official will often declare
a building to be abandoned and sign it as such only to
return and find that the sign has been removed and the
building occupied.
The proposed amendments, making it a misdeameanor to
remove a danger sign posted by the building official, in
conjunction with already existing authority regarding
disconnection of utilities from an abandoned structure,
will greatly facilitate the enforcement of the building
code in San Bernardino. This will have the ancillary
effect of minimizing the above-described fraudulent
activity.
8-26-87
75-0264
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.28.140 TO PROVIDE CRIMINAL PENALTIES FOR REMOVAL OF "DANGER"
3 SIGNS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.28.140 of the San Bernardino Municipa
Code is amended to read as follows:
"15.28.140 Securing dangerous buildings from entry.
A. In addition to the procedures provided for abatement of
nuisance caused by dangerous and hazardous structures as set
forth in this chapter, the building official or his representativ
is given summary power to secure from entry any structure which
in his discretion he determines to be immediately dangerous or
hazardous, or in any other manner injurious to public health or
safety. The building official may secure such structures using
methods at his discretion to accomplish the purpose which are
most appropriate under the circumstances. The building official
shall also post a sign stating in effect "DANGER, DO NOT ENTER"
upon the structure in at least one conspicuous place, with the
word "DANGER" in letters at least one inch in height.
"B. Any person removing such sign without the express
written consent of the City of San Bernardino Building Official
is guilty of a misdeameanor, which upon conviction thereof is
punishable in accordance with the provisions of Section 1.12.010
of the San Bernardino Municipal Code."
"C. The building official shall, immediately after such
action, mail a notice to the owners of the real property upon
which the structure is located. Notice shall be mailed to the
address as ascertained from title company records, the latest
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assessment role of the County Assessors, or if no address is so
shown, to the address of the property as such address may be
known by the building official. Such notice shall contain the
following infornation: (1) that he has secured the structure;
(2) the cost incurred by the City thereby; (3) that he has posted
signs as provided by this section; (4) the reasons why he has
taken the action; (5) that an appeal may be made within ten days
to the Board of Building Commissioners, to be set for hearing at
the next regular meeting; (6) that if his action is not annulled
by the Board of Building Commissioners, the cost of securing the
property shall become a lien upon the real property unless the
cost is paid to the City within thirty days of the mailing of the
notice.
"D. The notice of appeal to the Board of Building Commis-
sioners must be verified under oath or under penalty of perjury
and must state the grounds upon which the action of the building
official is appealed;
(1) the Board of Building Commissioners shall hear any
evidence or other relevant matter presented by the Appellant or
the building official at its next regular meeting after the filin
of the Notice of Appeal;
(2) after hearing all the evidence or upon the report of the
building official if no appeal is made, the Board of Building
Commissioners may confirm, amend, or annul the action of the
building official.
(a) if the action of the building official is annulled,
the City at its own expense shall remove any instruments used to
secure the structure and any signs stating that the building is
8/18/87
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AYES:
NAYS:
ABSENT:
unsafe to enter.
(b) if the Board of Building commissioners confirms the
action of the building officials in securing the structure, then
the cost incurred by the City in securing the structure shall
become a special assessment and lien against the property to be
determined and collected in accordance with the procedures set
forth in Chapter 3.68."
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 , 1987, by the following vote
to wit:
of
City Clerk
The foregoing ordinance is hereby approved this
, 1987.
Council Members
day
Mayor of the City of San Bernardino
Approved as to form and legal content:
Ij
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8/18/87
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