HomeMy WebLinkAboutS6- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: Ordinance Amending Chapter 15.12
Amending Section 15.12.040 and Adding
Sections 15.12.100, 15.12.110, 15.12.120,
Dept: City Attorney 15.12.130 and 15.12.140 Relating to
0 Compliance Extensions for Unreinforced
Masonry Buildings and Sign Posting.
Date September 3, 1996 u
Synopsis of Previous Council action:
1. Ord. MC-873 on 5/24/93;
2. Ord. MC-718 on 4/2/90;
3. Ord. MC-265 on 4/4/83.
Recommended motion:
That said Ordinance be laid over for final adoption.
Signature
Contact person: James F. Penman Phone: 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No._ S-�p
e
STAFF REPORT
Council Meeting Date: Tuesday September 3. 1996
TO: Mayor and Common Council
FROM: Charlene D. Kobrine, Deputy City Attorney
DATE: August 29, 1996
AGENDA ITEM: Unreinforced Masonry Buildings
At a meeting of the Mayor, Director of Planning and Building Services and City Attorney on
August 22, 1996, there was a discussion on the compliance dates for Class II' unreinforced masonry
buildings. As of April 15, 1996, Class II buildings were required to obtain a structural analysis, plans and a
building permit to rehabilitate the building. Thirty buildings were identified as Class 11 unreinforced
masonry buildings. Of the 30 buildings, 26 buildings (which contain 33 businesses) are not in compliance.
In the proposal before you, Class II building owners would be granted a three year extension from
1996 to rehabilitate the building provided that within 30 days of receiving notice that this ordinance has
been enacted, the building owner posts a sign at the entrance of the building informing the public that
unreinforced masonry buildings may be unsafe in the event of an earthquake.
Class III buildings are required to comply with the analysis and plan requirements by 1997 but will
also receive a three year extension from 1997 provided the building owner posts the sign by April 15, f 997.
Class IV building owners will receive a three year extension from 2000 provided the building owner posts
the sign by April 15, 1999.
If the building owner fails to comply with the required dates to rehabilitate the building or post the
sign, the building owner is required to vacate the premises. Each day the building owner fails to post the
sign or rehabilitate the building within the required dates or vacate the building, will constitute a separate
misdemeanor offense.
'Class II- High Risk Buildings- Occupied by 100 persons or more.
Class III- Medium Risk Buildings- Occupied by 99-20 persons.
Class IN/- Low Risk Buildings- Occupied by 20 or less.
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING
3 SECTION 15.12.040 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.12Q,
15.12.130, AND 15.12.140 TO THE SAN BERNARDINO MUNICIPAL CODE
4 RELATING TO EXTENDING THE COMPLIANCE DATES FOR UNREINFORCED
MASONRY BUILDINGS AND SIGN POSTING
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7 SECTION 1. Section 15.12.040 5.C. is hereby amended to read as follows:
8 "5. Order - Contents.
9 C. The order shall specify that the building has been determined by the
Building Official to be within the scope of this Chapter and, therefore, is
10 required to meet the minimum seismic standards of this Chapter. The
order shall specify the rating classification of the building and shall be
11 accompanied by a copy of this Section (15.12.040), which sets forth the
12 owner's responsibilities and time limits for compliance."
13 SECTION 2. Section 15.12.040 6.A. is hereby amended to read as follows:
"6. Enforcement.
14
A. Any building within the scope of this Chapter which does not
15 comply with the requirements of this Chapter within the time limits
as specified herein, is deemed to be a public nuisance. If the
16 owner in charge or control of the subject building fails to comply
with any order issued by the Building Official pursuant to this
17 Chapter within any of the time limits set forth in Table No. A-1-G
(15.12.040, 2.), the Building Official shall verify that the record
18 owner of this building has been properly served. If the order has
been served on the record owner, then the Building Official shall
19 order the entire building vacated until such order has been
complied with. The owner may appeal this order to vacate to the
20 Board of Building Commissioners within 15 days."
21
SECTION 3. Section 15.12.100 is hereby added to Chapter 15.12 of the San Bernardino
22 Municipal Code relating to compliance extension for Class II buildings and sign posting, to read
as follows:
23
"15.12.100- CLASS II BUILDINGS, COMPLIANCE
24 EXTENSION AND SIGN POSTING.
25 Notwithstanding any other provision in this Chapter, any
building owner who has received actual or constructive notice that
26 the building is an unreinforced masonry building, whether vacant or
occupied, that has been designated Class II by the Building Official
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING
2 SECTION 15.12.040 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120,
15.12.130, AND 15.12.140 TO THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO EXTENDING THE COMPLIANCE DATES FOR UNREINFORCED
MASONRY BUILDINGS AND SIGN POSTING
4
5 shall comply with the following:
a. On or before April 15, 1999 the building owner shall
6 submit a structural analysis, and plans and shall obtain a building
permit from the Building Official. Within 30 days of receiving
7 written notice of this section, said building owner shall post and
maintain in a conspicuous and unobstructed place at the entrance of
8 the building, a sign not less than 5" X 7" the following statement,
9 printed in not less than 30-point bold type:
`This is an unreinforced masonry building. Unreinforced masonry
10 buildings may be unsafe in the event of a major earthquake.'
11 b. If the sign provided for in subsection (a) is not posted or
maintained as required, the building owner shall vacate the premises as
12 required pursuant to Section 15.12.040 Subsection 6.A."
13 SECTION 4. Section 15.12.110 is hereby added to Chapter 15.12 of the San Bernardino
Municipal Code relating to compliance extension for Class III buildings and sign posting, to
14 read as follows:
15 "15.12.110- CLASS III BUILDINGS, COMPLIANCE
EXTENSION AND SIGN POSTING.
16
Notwithstanding any other provision in this Chapter, any
17 building owner who has received actual or constructive notice that
the building is an unreinforced masonry building, whether vacant or
18 occupied, that has been designated Class III by the Building Official
shall comply with the following:
19 a. The building owner shall receive 1) an extension to April
15, 2000 to submit a structural analysis, and plans and 2) an
20 extension to April 15, 2001 to obtain a building permit from the
Building Official, provided that on or before April 15, 1997, said
21 building owner posts and maintains in a conspicuous and
unobstructed place at the entrance of the building, a sign not less
22 than 5" X 7" the following statement, printed in not less than 30-
point bold type:
23
`This is an unreinforced masonry building. Unreinforced masonry
24 buildings may be unsafe in the event of a major earthquake.'
25 b. If the sign provided for in subsection (a) is not posted or
maintained as required, the building owner shall vacate the
26 premises as required pursuant to Section 15.12.040 Subsection 6. A."
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z
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040
2 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE
3 COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN
POSTING
4
SECTION 5. Section 15.12.120 is hereby added to Chapter 15.12 of the San Bernardino
5 Municipal Code relating to compliance extension for Class IV buildings and sign posting, to read
as follows:
6
"15.12.120- CLASS IV BUILDINGS, COMPLIANCE,
7 EXTENSION AND SIGN POSTING.
8 Notwithstanding any other provision in this Chapter, any
building owner who has received actual or constructive notice that the
9 building is an unreinforced masonry building, whether vacant or
occupied, that has been designated Class IV by the Building Official
10 shall comply with the following:
a. The building owner shall receive 1) an extension to April 15, 2002
11 to submit a structural analysis, and plans and 2) an extension to April 15,2003
to obtain a building permit from the Building Official, provided that on or
12 before April 15, 1999, said building owner posts and maintains in a
conspicuous and unobstructed place at the entrance of the building, a sign not
13 less than 5" X 7" the following statement, printed in not less than 30-point
bold type:
14
`This is an unreinforced masonry building. Unreinforced masonry
15 buildings may be unsafe in the event of a major earthquake.'
16 b) If the sign provided for in subsection (a) is not posted or
maintained as required,the building owner shall vacate the premises as
17 required pursuant to Section 15.12.040 Subsection 6. A."
18
SECTION 6. Section 15.12.130 is hereby added to Chapter 15.12 of the San Bernardino
19 Municipal Code relating to notice for compliance extensions and sign posting for Sections
15.12.100, 15.12.110 and 15.12.120 to read as follows:
20
21 "15.12.130- NOTICE.
22 Notice, as required in sections 15.12.100, 15.12.110 and
15.12.120 , shall be issued by the Building Official to the owner
23 of the building as determined by a title search, completed no sooner
than three months prior to giving notice, in writing and either
24 personally served on the owner or sent certified mail return receipt
requested."
25
26 ///
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040
2 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE
3 COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN
POSTING
4
5 SECTION 7. Section 15.12.140 is hereby added to Chapter 15.12 of the San Bernardino
Municipal Code relating to penalty for noncompliance with Sections 15.12.100, 15.12.110 and
6 15.12.120 to read as follows:
7 "15.12.140- PENALTY.
8 Failure to comply with sections 15.12.100, 15.12.110 or 15.12.120 is a
misdemeanor,and every day the building owner fails to vacate the premises or display
9 the sign mandated by this Chapter, shall constitute a separate violation of this section.
The penalty provided for in this section does not exclude any other remedy and shall
10 not be construed to prevent the City from also bringing an administrative proceeding
or other civil action to cause any building to be vacated and or demolished."
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1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040
AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO
3 THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE
COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN
4 POSTING
5
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,
7 held on the day of , 1996, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
8
NEGRETE
9 CURLIN
ARIAS
10 OBERHELMAN
DEVLIN
11 ANDERSON
MILLER
12
13
14 CITY
15 The foregoing Ordinance is hereby approved this day of , 1996
16
17
TOM MINOR, Mayor
18 City of San Bernardino
19
Approved as to form
20 and legal content:
21 JAMES F. PENMAN,
City Attorney
22
23 By:
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