HomeMy WebLinkAbout28- Planning & Building Services CI'T'Y OF SAN BEr' 11ARDINO - REQUES' FOR COUNCIL ACTION
Conceptual approval of UnreinforcE
From: Al Boughey, Director Subject: Masonry (URM) Building Program
Dept: Planning & Building Services Mayor and Common Council Meeting
November 2 , 1992
Date: October 15 , 1992
Synopsis of Previous Council action:
See Page #2 of Request for Council Action.
Recommended motion:
1 . That conceptual approval is given to the Financial Assistance
Plan as outlined in the staff report dated October 8 , 1992 .
2 . That conceptual approval is given to the revised Unreinforced
Masonry Building Ordinance as outlined in the staff report
dated October 8 , 1992 .
Al Boughey ignatu
Contact person: Larry E. Reed/, Asst. Director Phone: 384-5357
Supporting data attached: Memo/to LRC, Staff Report, Ward: Citywide
Attychment 1
FUNDING REQUIREMENTSX' Amount:_ N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
CITY OF E BERNARDINO - REQUEST FOR )UNCIL ACTION
From: Al Boughey, Director Subject: Conceptual approval of
Unreinforced Masonry (URM)
Dept: Planning & Building Services Building Program
Date: October 15, 1992 Mayor and Common Council Meeting
November 2, 1992
Synopsis of Previous Council Action:
April 4 , 1983, Mayor and Common Council adopted earthquake hazard reduction
in existing building ordinance. (SBMC 15. 12)
August 18, 1989, Council/Redevelopment Commission authorized the use of CDBG
funds to do a survey to identify potential URM buildings as required by the
1986 state legislation. (SB547)
October 2, 1989, Mayor and Common Council approved a contract with EQE
Engineering of San Francisco, California to do the URM survey.
January 31, 1990, EQE Engineering submitted the URM survey to the City.
(received and filed)
April 2 , 1990, Mayor and Common Council adopted the MC-718 amending Municipal
Code Section 15. 12 . 050 regarding URM buildings and Resolution 90-117,
adopting procedures and time periods for implementing a URM Mitigation
Program.
June 4 , 1990, Mayor and Common Council adopted Resolution 90-214 eliminating
specific wording relating to demolition and referring URM Program to the
Council's Legislative Review Committee to re-examine time periods for
upgrading URM buildings.
Between August 19, 1990 and October 1991, Legislative Review Committee has
discussed the URM Program four times and providing conceptual approval of a
revised URM ordinance, public information program and directed City staff to
look at the feasibility of developing a local financial assistance plan.
April of 1992, the Council Legislative Review Committee (LRC) gave conceptual
approval to a staff proposed financial assistance plan and asked staff to
begin identifying and putting in place all elements of a financial assistance
plan.
October 8, 1992, Legislative Review Committee cleared the URM Program to the
Council for conceptual approval.
Page 2
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INTEROFFICE MEMORANDUM
CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES
TO: Legislative Review Committee
FROM: Larry E. Reed, Assistant Director
DATE: October 2 , 1992
RE: Proposed Unreinforced Masonry (URM) Building Program
COPIES: Al Boughey, Director of Planning and Building Services;
Ken Henderson, Executive Director of Development
Department; Joe Lease, Building Inspection Supervisor
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On April 22, 1992 , the staff presented a revised Unreinforced
Masonry Building Program to the Legislative Review Committee and
requested the Committee clear the program onto the Mayor and Common
Council. The Committee reviewed the proposed URM program and
suggested staff work with a small group of URM building owners to
work out more of the details of a Financial Assistance Plan prior
to taking the program to the Council.
A. Completed Work Elements; the following is an outline of the
work staff has completed since April of 1992 .
1. In May of 1992 ;
Planning and Building Services staff contacted several
URM building owners to help the City in working out the
details of a financial assistance plan.
2 . June 3, 1992 ;
The Development Department and Planning and Building
services staff met with eight URM owners or their
representatives.
The group overall was encouraged by the City's efforts to
provide financial assistance. This small group of URM
owners raised the following concerns about the proposed
financial assistance plan.
a. The amount of money, owners must provide to the
City up front to join the district can not be too
great an amount.
b. Subrogation rights.
0 0
Interoffice Memo
Proposed Unreinforced Masonry (URM) Building Program
October 2 , 1992
Page 2
C. Realistic interest rates on seismic upgrading
loans. Quoting Paul Quinton, URM owner "in
reality, I'm afraid that to really get cooperation
(of URM owners) the terms of the loans must be
better than competitive" .
d. Don't go too fast; URM owners need assistance from
the City to determine rehabilitation costs and help
in getting accurate estimates for upgrading their
buildings.
3. June of 1992 ;
The City has set aside $150, 000 of Community Development
Block Grant Funds (CBDG) funds to be used by the
Development Department to help URM owners pay for the
preliminary structural analysis of their building.
4. July 30, 1992 ;
Planning and Building Services sent out a request for
proposals to Engineering firms to work with URM building
owners do the preliminary structural analysis.
o Proposals submittal deadline was August 31, 1992.
o Selection of firm(s) will be completed the end of
September.
B. Future Work Elements;
1. A follow up meeting with the smaller group of URM owners
concerning the Structural Analysis Assistance Plan
(tentative date - late September, first half of October
of 1992) .
2 . Council approval of URM program in concept (tentative
date - October 19, 1992) .
o The conceptual approval by Council of the
Assessment District (Bond Loan Program) .
0 The conceptual approval of revised ordinance.
0 0
Interoffice Memo
Proposed Unreinforced Masonry (URM) Building Program
October 2, 1992
Page 3
3 . Mail out letters to URM building owners explaining the
proposed Financial Assistance Program and revised
ordinance. (first part of October of 1992) .
4 . A meeting with affected URM owners to explain the
financial assistance available to do the preliminary
structural analysis and secondly to outline the proposed
voluntary Assessment District Financing Plan and the
proposed new ordinance (tentative date - mid November of
1992) .
5. Review of owner responses (last part of November 1992) .
6. Council adoption of revised URM Ordinance with longer
compliance time frames (December of 1992)
7. Completion of the preliminary structural analysis and
estimates for upgrading URM buildings (estimated time
frame - 5 months ending the first of April, 1993) .
8. Development of a voluntary Assessment District and
procedures for loaning the money including a meetings
with a smaller group of URM owners (tentative date -
April, 1993) .
9. Council approval of voluntary Assessment District
Financing Plan and authorization to sell bonds (tentative
date - May, 1993) .
10. Meeting with all affected URM owners to explain the
voluntary Assessment District (Bond Loan Program)
(tentative date - May-June 1993) .
11. Bond issuance (tentative time - 4-5 months minimum) .
12. Loan agreements with URM owners (tentative time frame -
varies) .
13. Owners contract for preparation of structural plans and
the issuance of building permits to do the seismic
upgrading (tentative date beginning of September, 1993
with an approximate time frame - 2-4 months to prepare
the structural plans) .
14. Owner contracts to do the seismic upgrading work and
completion of work (time frame - 6-18 months) .
f
f
Interoffice Memo
Proposed Unreinforced Masonry (URM) Building Program
October 2, 1992
Page 4
15. Take appropriate action against those URM building owners
that are not part of Financial Assistance Program and
have not upgraded their URM building (per ordinance time
frame) .
C. Recommendation;
Staff is requesting the committee clear the program as
outlined above onto the Mayor and Common Council with a
recommendation of support in the following areas:
1. Conceptual approval of the financial assistance plan as
outlined in the staff report.
2. Conceptual approval of the proposed Unreinforced Building
Ordinance Municipal Code Chapter 15. 12 (see attached
"I") . First reading of ordinance to be scheduled in
December of 1992 .
Adpok
STAFF REPORT
OCTOBER 8, 1992
Two aspects of the City's unreinforced masonry (URM) building
program is addressed in this report.
I. A conceptual plan for providing financial assistance to URM
building owners.
II. Ordinance amending Chapter 15. 12 (entire chapter has been
revised. )
I. FINANCIAL ASSISTANCE PLAN
Staff is suggesting that the City sell bonds, the proceeds of
which will be loaned to URM owners to do the seismic
structural retrofitting. Work other than seismic and safety
retrofitting will be the responsibility of the owner. As a
voluntary citywide financial district, the major elements are
as follows:
A. Buildings must be part of the City's URM program
(the program specifically excludes warehouses and
similar structures not used for human habitation,
and buildings with less than five dwellings units
and used solely for residential purposes. )
Buildings which, have been, are being, or will be
retrofitted are eligible for the proposed financing
district. Buildings which have plans approved
prior to January 31, 1990 are not eligible for this
URM financial assistance program; thus, they are
not eligible for the proposed financing district.
B. This is a voluntary program. Under this program
only owners who want to voluntarily be part of the
assessment district would be eligible to
participate. Owners must advance the City $
(amount has not yet been determined) for pre-bond
expenses. A sufficient number of owners must be
willing to participate in order to make the bonds
economically and administratively feasible. Staff
does not currently know how many URM owners it will
take to make this financing plan feasible.
C. Owners must provide reliable cost estimates from
engineers or architects for the seismic upgrading.
Non-safety retrofit improvements cannot be financed
under the program.
NOTE: The City has reserved $150, 000 of Community
Development Block Grant funds to assist URM owners
in providing reliable cost estimates to retrofit
their buildings.
L:
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Unreinforced Masonry Building Program
October 8, 1992
Page 2
D. Building eligibility will be based upon value to
lien ratio. In order to make the bonds attractive
to institutional buyers, each building must pass a
test of the value of the property in relation to
the liens against them. Required appraisal will be
part of the process.
E. The owners must enter into an agreement with the
City's Development Department to do the seismic
upgrading of their building prior to any
disbursement of the bond proceed funds.
F. All current property taxes must be paid to be
included in the financing district.
G. The interest rate for bonds the City sells will not
be tax-exempt; rather, the rate will be comparable
to other taxable bonds. Federal law prohibits the
City from selling tax-exempt bonds for privately-
owned buildings. The City of Long Beach of June
1990 sold similar bonds with a 11.4% interest rate.
For example, if $125, 000 were the retrofit cost,
payments twice a year through the owner's property
tax bill for a 20-year loan at nine 9% interest,
compounded, each of the two payments a year will be
about $6,750. On a yearly basis, that is
approximately $13,500. Although interest rates
have gone down the actual amount of interest won't
be known until bonds are sold.
II. URM BUILDING ORDINANCE
Chapter 15. 12, (see Attachment I) , the entire document
has been revised. This was done for the following
reasons:
* A detailed technical review of the City's original
1983 ordinance reveals several technical flaws.
* The technical design requirements are outdated.
(1988 and 1989 earthquake force studies have led to
changes in the design formulas) .
* Compliance Time Frame Changes Requested by the
Legislative Review Committee
* New State Legislation (AB204)
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Unreinforced Masonry Building Program
October 8, 1992
Page 3
Staff became aware of new State Legislation (AB204) .
This law requires local jurisdictions to adopt the design
standards for the rehabilitation of unreinforced masonry
buildings contained in Uniform Code for Building
Conservation (UCBC) , Appendix Chapter 1 on or before July
1, 1993 .
Also, during the course of revising the ordinance, staff
contacted Mr. L. Thomas Tobin, Executive Director of the
California Seismic Safety Commission, to obtain
information regarding the State's new model ordinance,
which is composed of recommended administrative
provisions and UCBC Appendix Chapter 1. This model
ordinance, which reflects the current state-of-the-arts
for retrofitting of URM bearing wall buildings was
developed by a partnership of entities which included
International Conference of Building Officials (ICBO) ,
California Building Officials Association (CALBO) ,
California Seismic Safety Commission, and the Structural
Engineers Association of Northern and Southern
California. This model ordinance is a further refinement
of the State's 1985 model code in the Los Angeles City's
Division 88 and was develop using empirical data obtained
from numerous seismic performance evaluations of URM
buildings following the recent Whittier narrows in the
Loma Prieta Earthquake. Staff also had the opportunity
to talk with Mr. Fred Herman, Building Official for the
City of Palo Alto, who is a member of the committee which
developed this model ordinance. He has informed staff
that his city, as well as a number of others, have
already adopted this ordinance.
The ordinance being recommended for adoption is based
upon the State's model ordinance and the Legislative
Review Committee's recommended time periods for upgrading
URM's.
The following features are contained in the proposed
ordinance:
* The compliance time periods requested by
Legislative Review Committee are included in Table
No. A-1-6 as well as the three-year extension of
time allowed for tying wall to floor and roof
structure.
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Unreinforced Masonry Building Program
October 8, 1992
Page 4
* UCBC Appendix Chapter One (1) is adopted by
Reference
* Revised Administrative provisions which are an
amalgamation of those presently contained in
Chapter 15. 12 , Resolution 90-117, and the Seismic
Safety Commission's "Recommended Model Ordinance".
i
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15. 12
OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE UNIFORM CODE FOR
3 BUILDING CONSERVATION, 1991 EDITION, AND AMENDMENTS THEREON TO
ESTABLISH A MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS,
4 AND REPEALING RESOLUTIONS 90-117 AND 90-214 .
5 WHEREAS, the City of San Bernardino is located on and to the
6 southeast of the intersection of the San Andreas and the San
7 Jacinto earthquake faults, and
8 WHEREAS, the City of San Bernardino is located within Seismic
9 Zone 4 as defined in Chapter 2-23 of Part 2 of Title 24 of the
10 California Administrative Code, and
11 WHEREAS, Section 8875. 1 of the California Government Code
12 requires all cities within Seismic Zone 4 to identify unreinforced
13 masonry buildings, and to establish a mitigation program, and
14 WHEREAS, the City has identified unreinforced masonry
15 buildings in the City of San Bernardino in an Unreinforced Masonry
16 Building Survey performed by EQE Engineering and on file with the
17 City Clerk, and
18 WHEREAS, pursuant to Sections 17958 and 17922 of the
19 California Health and Safety Code, local governing bodies are
20 required to adopt Appendix Chapter 1 of the Uniform Code for
21 Building Conservation, and
22 WHEREAS, the City of San Bernardino, in an effort to eliminate
23 unsafe unreinforced masonry buildings and to reduce the potential
24 loss of life and property damage caused by a major earthquake,
25 needs to establish a mitigation program,
26 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
27 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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Attachment "1 "
0
1 SECTION 1. Section 15. 12 . 010 of the San Bernardino
2 Municipal Code is hereby amended as follows:
3 1115. 12 . 010 Adoption of Code by Reference.
4 Those standards and regulations, as set forth in Appendix
5 Chapter 1 of the Uniform Code for Building Conservation of the
6 International Conference of Building Officials, 1991 Edition, are
7 hereby adopted by reference as the regulations governing the
8 seismic strengthening of unreinforced masonry bearing wall
9 buildings within the City of San Bernardino.
10 Copies of this code shall be kept on file in the City Clerk's
11 Office for inspection and reference and a copy of this code shall
12 be furnished to the Director of the Planning and Building Services
13 Department.
14 In the event of any inconsistency or conflict between the
15 above code and the requirements of other City codes or State
16 statutes, the City codes shall apply. "
17 SECTION 2 . Section 15. 12 . 020 of the San Bernardino
18 Municipal Code is hereby amended as follows:
19 "Section 15. 12 . 020 Uniform Code for Building Conservation,
20 Appendix Chapter 1, Section A101 amended -
21 PURPOSE
22 Section A101. The purpose of this Chapter is to promote
23 public safety and welfare by reducing the risk of death or injury
24 that may result from the effects of earthquakes on buildings with
25 unreinforced masonry bearing walls. Such buildings have been
26 widely recognized as having sustained life-hazardous damage,
27 including partial or complete collapse during past moderate to
28
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I strong earthquakes.
2 The provisions of this chapter are intended as minimum
3 standards for structural seismic resistance, and established
4 primarily to reduce the risk of life loss or injury. Compliance
5 with these provisions will not necessarily prevent loss of life or
6 injury, or prevent earthquake damage to rehabilitated buildings.
7 This chapter provides standards for the classification of
8 buildings with unreinforced masonry bearing walls based on their
9 present or proposed use. Priorities, time limits, and standards
10 are established under which certain buildings which are identified
11 to be of unreinforced masonry bearing wall construction shall be
12 structurally analyzed and anchored. Where the analysis determines
13 deficiencies, this chapter requires the building to be
14 strengthened. Owners of other buildings within the scope of this
15 chapter may voluntarily apply for approval to proceed under this
16 chapter. "
17 SECTION 3 . Section 15. 12. 030 of the San Bernardino
18 Municipal Code is hereby amended as follows:
19 1115. 12. 030 Uniform Code for Building Conservation, Appendix
20 Chapter 1, Section A102 (a) amended -
21 SCOPE
22 Section A102 (a) General. The provisions of this chapter subject to
23 the limitations of Subsections (b) and (c) shall apply to existing
24 buildings having at least one unreinforced masonry bearing wall
25 which were constructed or under construction prior to July 8, 1937,
26 or for which a building permit was issued prior to July 8, 1937, or
27 which on the effective date of this ordinance have unreinforced
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1 masonry bearing walls as defined herein. The provisions of this
2 chapter also apply to unreinforced masonry buildings constructed
3 prior to June 1, 1946, which at the time of their construction were
4 located outside of the City limits, and which have subsequently
5 been annexed into the City.
6 These buildings include those buildings identified in the
7 Unreinforced Masonry Building Survey dated January 31, 1990
8 conducted by EQE Engineering and on file with the City Clerk, and
9 any buildings which may be subsequently identified as unreinforced
10 masonry bearing wall buildings by the Building Official.
11 EXCEPTION: The following occupancies are exempt from
12 compliance with the requirements of this chapter, provided their
13 use does not change or is not intensified.
14 1. Detached one or two-family dwellings and detached
15 apartment houses containing less than five dwelling units and used
16 solely for residential purposes.
17 2 . Unoccupied warehouses or similar structures, when the
18 Building Official determines that such structures do not pose a
19 significant threat to adjacent buildings or public ways.
20 SECTION 4 . Section 15. 12 . 040 of the San Bernardino
21 Municipal Code is hereby amended as follows:
22 1115. 12. 040 Uniform Code for Building Conservation, Appendix
23 Chapter 1, is hereby amended by adding Section A111 (c) through
24 A111 (e) -
25 Section A111(c) Compliance Requirements.
26 1. The owner of each building within the scope of this
27 chapter shall, upon service of an order and within the time limits
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1 set forth in this chapter, cause a structural analysis to be made
2 of the building by an engineer or architect licensed by the state
3 to practice as such and, if the building does not comply with the
4 earthquake standards specified in this chapter, the owner shall
5 cause it to be structurally altered to conform to such standards.
6 2. The owner of a building within the scope of this chapter
7 shall comply with the requirements set forth above by completing
8 each of the required actions within the corresponding time limits
9 as specified in Table No. A-1-G.
10
11 I TABLE NO. A-1-G
TIME LIMITS FOR COMPLIANCE ***
12 I
---------------------
13 Required Action I Classification of Building
�By owner i I i 11 1 III 1 IV I
14 -------------
------------------- ---------�( Submit Structural,Analysis ** i I I I 15
iWithin: 1 6 monthsl 1 year 1 2 years 1 4 years 1
16
( Submit Plans I I 1
17 iWithin: i 1 year 11.5 yearsi 3 years i 5 years
i
Obtain Building I I i
19 , Permits Within: 11.5 yearsi 2 years 1 4 years i 6 years
20 I I (5 yr) * 1 (7 yr) * 1 (9 yr) * I
------------------------------------------------------------i
i
Commence
21 ( Construction
iWithin: 1 2 years 12. 5 yrs. 14 . 5 yrs. 16.5 yrs. 1
* 1
i i (5.5yr) i (7 5Yr) *- i (9. Syr)
( Complete
24 , Construction I I I 1 1
(Within: 1 3 years 1 4e 1 years year 1 8 years 1
25 1 1 1 (7Y ) 1 (9 yr) I (llyr) * I
26 ---------------------
27 * If wall anchors are installed at the floor and roof diaphragms
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I within the specified time limits, the time limits in parenthesis
2 apply to the remaining work required to complete the rehabilitation
3 of the building in conformance with the structural analysis, the
4 approved plans, and the requirements of this chapter.
5 ** If after the structural analysis is reviewed by the Building
6 Official, and if it is determined by the Building Official that is
7 demonstrates compliance with the requirements of this chapter, no
8 further action if required by the owner.
9 *** Time limits for compliance are measured from the date the order
10 is served.
11 (d) Historical Buildings. Alterations or repairs to qualified
12 historical buildings, as defined by Section 18955 of the Health and
13 Safety Code of the State of California and as regulated by Sections
14 18950 to 18961 of that Code, as designated on official national,
15 state, or local historical registers or inventories shall comply
16 with the State Historical Building Code (California Code of
17 Regulations Title 24 , Building Standards, Part 8) , in addition to
18 this chapter.
19 (e) Administration.
20 1. Subsequent Identification of Buildings. The Building
21 Official may identify additional unreinforced masonry buildings
22 after the effective date of this ordinance which may have been
23 missed in the original survey. ATC 21, as published by the Applied
24 Technology Council, shall be used as a guideline for
25 identification.
26 Prior to adding a building to the active list, the Building
27 Official shall notify the owner of record that the building has
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1 been identified as having unreinforced masonry bearing walls, and
2 afford the owner the opportunity to submit documentation to the
3 contrary.
4 2 . Order - Service.
5 A. The Building Official shall issue an order as provided in
6 this section to the owner of each building within the scope of this
7 chapter. The order shall be in writing and shall be served either
8 personally or by certified mail, return receipt requested, upon the
M 9 owner as shown on the last equalized assessment role.
10 B. Prior to or simultaneous to the service of the order, a
11 bulletin may be issued to the owner, and all tenants of the
12 building. The bulletin may contain information the Building
13 Official deems appropriate. The bulletin may be issued by mail or
14 in person.
15 3 . Order - contents.
16 The order shall specify that the building has been determined
17 by the Building Official to be within the scope of this chapter
18 and, therefore, is required to meet the minimum seismic standards
19 of this chapter. The order shall specify the rating classification
20 of the building and shall be accompanied by a copy of Section
21 A111 (c) , which sets forth the owner's responsibilities and time
22 limits for compliance.
23 4. Appeal from Order.
24 A. The owner of the building may appeal to the Building
25 Official the initial determination that the building is within the
26 scope of this chapter. Such appeal shall be in writing on a form
27 provided, and shall be filed with the Director of Planning and
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1 Building Services within 30 days from the service date of the
2 order. The Building Official shall schedule an informal hearing
I
3 with the owner within 60 days of receipt of the appeal. The
4 Building Official shall review any evidence submitted by the owner
5 or other interested parties, and the requirements of this chapter.
6 Following the hearing, the Building Official shall respond to the
7 appeal in writing within 30 days, stating his decision and the
8 grounds thereof clearly and concisely.
9 B. The owner of the building may appeal the Building
10 Official's decision to the Board of Building Commissioners. Such
11 appeal must be filed with the Board within 30 days of the date of
12 the Building Official's decision. Appeals or requests for
13 modifications from any other determinations, orders or actions by
14 the Building Official pursuant to this chapter shall be made in
15 accordance with the procedures established in Sections 105 and 106
16 of the Building Code.
17 All orders of the Board of Building Commissioners regarding
18 unreinforced masonry buildings shall be final unless appealed
19 within fifteen (15) days to the Mayor and Common Council pursuant
20 to Section 2 . 64 of the San Bernardino Municipal Code.
21 5. Recordation.
22 At the time that the Building Official serves the
23 aforementioned order, the Building Official shall also file with
24 the Office of the County Recorder a certificate stating that the
25 subject building is within the scope of this chapter and is a
26 potentially earthquake hazardous building. The certificate shall
27 also state that the owner thereof has been ordered to obtain a
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1 structural analysis of the building and to structurally alter the
2 structure to bring it into compliance with this chapter.
3 If the building is either demolished, found not to be within
4 the scope of this chapter, or is structurally capable of resisting
5 minimum seismic forces required by this chapter as a result of
6 structural alterations or an analysis, the Building Official shall
7 file with the Office of the County Recorder a form removing the
8 status of the subject building as being classified within the scope
9 of this chapter.
10 6. Enforcement.
11 A. Any building within the scope of this chapter which does
12 not comply with the requirements of this chapter within the time
13 limits as specified herein, is deemed to be a public nuisance. If
14 the owner in charge or control of the subject building fails to
15 comply with any order issued by the Building Official pursuant to
16 this chapter within any of the time limits set forth in Section
17 A111(c) 2 and Table No. A-1-G, the Building Official shall verify
18 that the record owner of this building has been properly served.
19 If the order has been served on the record owner, then the building
20 Official shall order the entire building to be vacated within 30
21 days, and that the building remain vacated until such order has
22 been compiled with. The owner may appeal this order to vacate to
23 the Board of Building Commissioners within 15 days.
24 B. When any order or determination by the Building Official,
25 the Board of Building Commissioners or the Mayor and Common Council
26 has been made pursuant to this chapter, it is unlawful for any
27 person to fail, to neglect or to refuse to obey any such order or
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1 determination. Failure to comply with such order or determination
2 is a misdemeanor, which upon conviction thereof is punishable in
3 accordance with the provisions of Section 1. 12 . 010 of this Code, in
4 addition to any other civil or administrative remedies provided by
5 law. Each day of noncompliance shall constitute a separate
6 violation.
7 C. If, after any order or determination by the Building
8 Official, the Board of Building Commissioners, or the Mayor and
9 Common Council, made pursuant to this chapter becomes final, and
10 the person to whom such order or determination is directed fails,
11 neglects or refuses to obey, the Building Official shall take
12 action to abate such public nuisance, pursuant to Chapter 8. 30 of
13 this code, and to lien the subject property for expenses. "
14 SECTION 5. Sections 15. 12 . 050, 15. 12 . 060, 15. 12 . 070,
15 15. 12 . 080, and 15. 12.090 of the San Bernardino Municipal Code are
16 hereby repealed.
17 SECTION 6. Resolutions 90-117 and 90-214 are hereby
18 repealed.
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24
25
26
27
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1 ORDINANCE. . .AMENDING CHAPTER 15. 12 OF THE SAN BERNARDINO MUNICIPAL
CODE TO ADOPT THE UNIFORM CODE FOR BUILDING CONSERVATION, 1991
2 EDITION, AND AMENDMENTS THEREON TO ESTABLISH A MITIGATION PROGRAM
FOR UNREINFORCED MASONRY BUILDINGS, AND REPEALING RESOLUTIONS 90-
3 117 AND 90-214.
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted
5 by the Mayor and Common Council of the City of San Bernardino at a
6 meeting therefore, held on the day of
7 1992 , by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 REILLY
11 FLORES
12 MAUDSLEY
13 MINOR
14 POPE-LUDLAM
15 MILLER
16
17 City Clerk
18 The foregoing ordinance is hereby approved this
19 day of , 1992 .
20 W. R. Holcomb, Mayor
21 City of San Bernardino
22 Approved as to
form and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25 By:
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