HomeMy WebLinkAboutMC-1521Ordinance No. MC -1521
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AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING CHAPTERS 2.45, 8.24, 8.30, 8.36, 9.92, 15.04,
15.05, 15.20, AND 15.28 OF THE SAN BERNARDINO
MUNICIPAL CODE, AND ADDING CHAPTER 9.94 OF
THE SAN BERNARDINO MUNICIPAL CODE, RELATED
TO VARIOUS CODE ENFORCEMENT PROCEDURES,
INCLUDING THE CITY'S ADMINISTRATIVE HEARING
PROCEDURES AND APPEALS PROCEDURES
WHEREAS, the City previously adopted Ordinance No. MC -1474, which established
the Building and Accessibility Appeals Board and dissolved the Board of Building
Commissioners, as permitted by Health and Safety Code section 19957.5(a); and
WHEREAS, this Ordinance amends Chapter 2.45 to dissolve the Building and
Accessibility Appeals Board and establish the Building Appeals Board in order to comply with
Health and Safety Code section 17920.5, ease the Board's membership qualifications, and make
reaching a quorum easier; and
WHEREAS, this Ordinance also amends Chapter 2.45 to clarify and elaborate on the
procedures for appeals before the Building Appeals Board; and
WHEREAS, Ordinance No. MC -1474, when dissolving the Board of Building
Commissioners, did not eliminate lateral references to that board elsewhere in the San
Bernardino Municipal Code, and
WHEREAS, this Ordinance amends Chapters 8.24, 8.3 6, 8.69, 9.92, 15.04, 15.20, 15.26,
15.27, and 15.28, in part, to eliminate erroneous references to the defunct Board of Building
Commissioners; and
WHEREAS, this Ordinance adds Chapter 9.94 to the San Bernardino Municipal Code to
create a uniform process for the handling of administrative hearings and appeals where such
rights are granted in the San Bernardino Municipal Code; and
WHEREAS, this Ordinance amends the appeal procedures in Chapters 8.24, 8.30, 8.36,
9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing
and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be
the Building Appeals Board under Chapter 2.45 or a hearing officer under Chapter 9.94; and
WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns
appeals to be heard by the Building Appeals Board consistent with the right granted under
California Building Code section 1.8.8.3; and
WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all
other hearings and appeals to Chapter 9.94 of the San Bernardino Municipal Code; and
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Ordinance No. MC -1521
WHEREAS, this Ordinance amends Section 8.24.100" of Chapter 8.24, Solid Waste
Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the
City Manager and provide for appeals to a hearing officer under new Chapter 9.94; and
WHEREAS, this Ordinance amends Chapter 8.30, Public Nuisances, to clarify the
procedures for summary abatement and demolition procedures, including providing notice to
property owners, recovery of abatement costs, and procedures for hearings and appeals; and
WHEREAS, this Ordinance amends Chapter 8.36, Abandoned Vehicles, to clarify the
notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures
therein, and instead provide for appeals to a hearing officer under Chapter 9.94; and
WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to
authorize the City to collect- delinquent administrative citation fines via any legal means,
eliminate collection of delinquent administrative citation fines via liens, and eliminate the second
tier of administrative appeal before an appellant may seek judicial review of an administrative
citation; and
. WHEREAS, this Ordinance amends Chapter 15.04, Building Codes, to adopt all parts of
the California Building Standards Code, to eliminate adoptions of other unnecessary uniform
codes, and to eliminate an erroneous reference to an impermissible method to calculate fees for
building permits; and
WHEREAS, this Ordinance amends Chapter 15.05, Property Maintenance Code, to
correct a reference to the current edition of the International Property Maintenance Code; and
WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide
for appeals to a hearing officer under new Chapter 9.94; and
WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends
the 1997 Uniform Code for the Abatement of Dangerous Buildings adopted by reference in the
San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the
authority granted to the building official, to clarify the authority of the building official to secure
buildings ordered vacated, to clarify the right to appeal orders under this code, and to clarify the
City's authority to recover costs of abatements done under this code; and
WHEREAS, this Ordinance amends various tables of contents, the numbering of certain
sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and
as otherwise required according to the foregoing amendments; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
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SECTION 2. Chapter 2.45 of Title 2 of the San Bernardino Municipal Code is hereby
amended to state in full as follows:
44
Chapter 2.45
BUILDING APPEALS BOARD
Sections:
2.45.010
Members
2.45.020
[Reserved]
2.45.030
Duties
2.45.040
Review of the Board's Decision
2.45.050
Oath of Office
2.45.060
Chair - Meetings
2.45.070
Quorum
2.45.080
Hearing Procedures
2.45.010 Members - Appointment
The Building Appeals Board shall be comprised of the members of the San Bernardino
Planning Commission, as defined in Section 2.22.010 of this Code. Members shall be appointed
on a basis of knowledge in the applicable building codes, regulations, and ordinances of the City,
and must be qualified by training and experience to pass on matters pertaining to building
construction.
2.45.020 [Reserved]
2.45.030 Duties
Pursuant to Section 1.8.8 of the California Building Code, the Board shall have the duty
to consider appeals of orders, decisions, and determinations of the City of San Bernardino
Building Official relating to the building standards of the California Building Standards Code.
The Board is authorized to establish policies and procedures necessary to carry out its duties.
2.45.040 Review of the Board's Decision
The decision of the Board may be appealed to the City Council in accordance with
Chapter 2.64 of this Code. The City Council's decision on an appeal from the Board's decision is
final and binding. Pursuant to Code of Civil Procedure Section 1094.5 and 1094.6, any action to
review a decision of the City Council shall be commenced not later than the ninetieth (90th) day
after the date the City Council's order is adopted.
2.45.050 Oath of Office
Prior to undertaking his or her duties as a member of the Board, the member shall
subscribe and file his or her official oath of office with the City Clerk.
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2.45.060 Chair - Meetings
A. The Chairperson of the Board shall be the Chairperson of the Planning Commission, or his or
her designee. The Board shall meet only as required to consider an appeal within its
jurisdiction.
B. The Board shall meet at such times and dates, and in such places, as shall be designated by
the Chairperson of the Board.
C. Meetings of the Board shall be open to the public and shall be governed by the provisions of
the Ralph M. Brown Act, Sections 54950.5, et seq., California Government Code, except as
otherwise provided by law.
D. A member shall not hear an appeal in which that member has a personal, professional, or
financial interest.
2.45.070 Quorum
Any five members in attendance at any meeting shall constitute a quorum.
2.45.080 Hearing Procedures
A. The Board shall meet upon notice from the chairperson.
B. The appellant, the appellant's representative, the Building Official, the Building Official's
representative, and any person whose interests are affected shall be given an opportunity to
be heard.
C. The Board shall adopt and make available to the public procedures under which a hearing
will be conducted. The procedures shall not require compliance with strict rules of evidence,
but shall mandate that only relevant information be received.
D. A quorum of the Board shall hear an appeal.
E. The Board may modify or reverse the decision of the Building Official by a concurring vote
of a majority of its members. The authority of the Board to render a decision is limited to the
scope of authority of the Building Official in the first instance. The Board has no authority to
waive a requirement of the California Building Standards Code.
F. The Board must issue a written decision with findings within a reasonably prompt time after
filing of the appeal.
SECTION 3. Subdivision H of Section 8.24. 100 of Chapter 8.24 of Title 8 of the San
Bernardino Municipal Code is hereby amended to state as follows (omitted provisions not
amended represented by ellipses [... ]):
"8.24.100 Construction and Demolition Debris Recycling Program
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H. Appeal.
Any appellant aggrieved by the decision of the City Manager relating to a Security Deposit under
Section 8.24.100(D) or Section 8.24.100(E) may appeal the decision to the hearing officer in the
manner provided in Chapter 9.94 of this Code.
SECTION 4. Various Sections of Chapter 8.30 of the San Bernardino Municipal Code
are hereby amended to state as follows (omitted provisions not amended represented by ellipses
I...)):
rG
Chapter 8.30
PUBLIC NUISANCES
Sections:
830.010
Purpose
8.30.015
Definitions
8.30.020
Declaration of nuisances
830.021
Summary/Emergency Abatement
8.30.022
Summary/Emergency Abatement Post -Abatement Hearing
8.30.023
Method of giving notice
8.30.025
Determination of nuisance
8.30.026
Additional Requirements for Demolition of Buildings or Structures
830.030
Appeal
8.30.035
Time limit for compliance
8.30.040
Abatement by City
8.30.041
Invoice of abatement costs
8.30.042
Recovery of attorneys' fees and report of attorneys' fees
830.043
Treble damages
8.30.045
Hearing on nuisance abatement costs
830.050
Council action
8.30.055
Imposition of special assessment lien and notice
8.30.056
Recording of nuisance abatement lien
8.30.060
Collection of costs and attorney' s fees prior to hearing
8.30.065
Alternative remedies
8.30.070
Violation - Penalty
8.30.015 Definitions
For the purpose of this Chapter the following words and phrases shall have the meanings
given herein:
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c) "Administrative Hearing Officer" or "Hearing Officer" shall mean any individual
appointed by the City Manager of the City of San Bernardino, or his/her designee, to hear the
appeal under this Chapter..
h) "Code Enforcement Director" shall mean the Chief of Police for the City of San
Bernardino, or his or her designee.
8.30.021 Summary/Emergency Abatement
Notwithstanding any other provision of this Chapter with reference to the abatement of
public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer,
Director of Public Works, Building Official, or their designees, shall have the authority to
immediately cause the abatement of any public nuisance if it is determined that the nuisance
presents an immediate threat to public health or safety, or an imminent hazard to real or personal
property, in their sole discretion. Any such abatement activity may be conducted without
observance of any notice requirements described in this chapter. The City is entitled to recover
all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this
chapter.
8.30.022 Summary/Emergency Abatement Post -Abatement Hearing
A. Within 10 business days, or as soon as reasonably possible under the circumstances,
following any summary abatement action by the City to abate an immediate threat to public
health or safety, or imminent hazard to real or personal property, the City must provide the
owner and any other responsible person with a "Notice of Summary Abatement."
B. The Notice of Summary Abatement shall be served in accordance with Section 8.30.023 of
this Chapter and contain the following information:
1) A brief description of the condition and reasons why it constituted an imminent threat or
hazard;
2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard;
3) A brief description of the actions the City took to abate the imminent threat or hazard;
and
4) An itemized invoice identifying all nuisance abatement costs related to the summary
abatement. The invoice shall further indicate that any unpaid amounts may become a lien
and special assessment against the property.
C. The City's determination that a public nuisance constituted an imminent threat or hazard may
be appealed as set forth in Section 8.30.030. The invoice of abatement costs may be appealed
as set forth in Section 8.30.045. Any party to whom an invoice has been issued shall have 45
calendar days from the date of the invoice to remit full payment of the invoice to the City. If
the owner or other responsible person fails to make timely, full payment of the abatement
costs within 45 days of issuance of the Notice of Summary Abatement or as ordered by the
hearing officer after any appeal, the City may then proceed to collect its abatement costs in
any manner allowed by law, including as set forth in Section 8.30.055.
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D. Omission of any of the foregoing provisions in a Notice of Summary Abatement, whether in
whole or in part, or the failure of an owner or responsible person to receive this document,
does not render it defective or render any proceeding or action pursuant to this chapter
invalid.
E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of
the Hearing Officer's decision shall be governed by California Code of Civil Procedure
Section 1094.6 or such section as may be amended from time to time.
8.30.026 Additional Requirements for Demolition of Buildings or Structures
A. Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by
demolition of a building or structure, the City must comply with the following additional
requirements:
(1) The Notice to Abate must contain a statement that the City intends to abate the nuisance
with City personnel or contractors by demolition of a building or structure if the nuisance
conditions are not repaired, rehabilitated, removed, terminated, or demolished within the
compliance deadline set forth in the Notice to Abate.
(2) The City shall serve the Notice to Abate on all secured lienholders of record with the San
Bernardino County Recorder's Office;
(3) Entry onto any real property to abate a public nuisance by demolition of a building or
structure must be pursuant to a warrant or other order issued by a court of competent
jurisdiction
B. The provisions of this section do not apply in cases involving summary or emergency
abatement under Section 8.30.021 of this Code.
8.30.030 Appeal
A. Within ten days from the date of giving notice to abate, the violator may file an appeal to the
determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall
identify the property subject to the Notice to Abate. The City Clerk shall then cause the
matter to be set for hearing before a Hearing Officer contracted by the City to hear such
matters.
B. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no
sooner than fifteen days from the date when notice of the hearing is given to the appellant
and to the Code Enforcement Division.
C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of
all competent persons desiring to testify respecting the condition constituting the nuisance.
D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a
nuisance exists, and if the Hearing Officer so concludes, he may declare the conditions
existing to be a nuisance and direct the person owning the property upon which the nuisance
exists to abate it within ten days after the date of posting on the premises a notice of the
Hearing Officer's order. The Hearing Officer may amend time to abate the nuisance, if in his
or her opinion, there exists good cause for the amendment of time to abate. If the City is the
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prevailing party, the Hearing Officer's decision shall order the responsible parties to pay the
confirmed nuisance abatement costs to the City within 30 calendar days, and shall specify
that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a
lien and special assessment against the property.
E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of
the Hearing Officer's decision shall be governed by California Code of Civil Procedure
Section 1094.6 or such section as may be amended from time to time.
830.035 Time limit for compliance
The violator must abate the nuisance within the period of time set forth in the Notice to
Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such
longer period as may be determined by the Administrative Hearing Officer.
Unless an emergency situation exists, the violator shall be given at least ten days to abate
the nuisance.
830.041 Invoice of abatement costs
A. In accordance with this Chapter, the City shall serve upon each responsible party and each
interested party an invoice identifying all nuisance abatement costs related to a nuisance
abatement action.
B. Any party to whom an invoice has been issued shall have 45 calendar days from the date of
the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the
City as specified in the invoice. The invoice shall further indicate that any unpaid amounts
may become a lien and special assessment against the property.
C. The statement shall be accompanied by a notice to the owner that the cost of abatement may
be protested as set forth in Section 8.30.045. If the cost is not protested within 15 calendar
days after service, it shall be deemed final.
8.30.045 Hearing on nuisance abatement costs
A. Any responsible party or interested party to whom an invoice has been issued may, within 15
calendar days from the date of the invoice, request a hearing to protest the cost of abatement
by filing a written request for a hearing on the abatement costs with the City Clerk. The
request for hearing must contain the following information:
(1) The requestor's full legal name;
(2) The requestor's mailing address and telephone number;
(3) The amount of nuisance abatement costs disputed;
(4) The specific legal and factual grounds for all disputes of the invoice and nuisance
abatement costs.
B. The failure of any party to properly and timely request a hearing is a waiver of the right to
contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative
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remedies, and a bar to any further challenge to the City's invoice and nuisance abatement
costs.
C. If a hearing is timely and properly requested, the City Clerk shall cause a Hearing to be set
before the Hearing Officer. The City shall provide notice of the date, time, and location of
the hearing to all parties at least 10 calendar days before the hearing. At the time fixed for the
hearing, the Hearing Officer shall hold an informal hearing to consider the invoice and
protests or objections raised by the requestor.
D. At the conclusion of the hearing, or within 5 days thereafter, the Hearing Officer shall issue a
decision approving, denying, or modifying the amount of the nuisance abatement costs that
the City is entitled to recover.
E. The decision of the Hearing Officer shall be in writing and shall be served by mail. The
decision of the Hearing Officer on the abatement costs shall be final. If any cost recovery is
upheld, even in part, the City shall be the prevailing party. If cost recovery is entirely denied,
the requesting parties shall be the prevailing parties.
F. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil
Procedure Section 1094.6 or such section as may be amended from time to time.
SECTION 5. Various Sections of Chapter 8.36 of Title 8 of the San Bernardino
Municipal Code are hereby amended to state as follows (omitted provisions not amended
represented by ellipses [... ]):
Chapter 8.36
ABANDONED VEHICLES
Sections:
8.36.010
Findings
8.36.020
Definitions
8.36.030
Applicability
8.36.040
Chapter not exclusive
8.36.050
Administration and enforcement
8.36.060
Rights of franchisee to enter private property
8.36.070
Assessment of administrative costs
8.36.080
Abatement authority
8.36.090
Ten-day notice required
8.36.100
Public hearing
8.36.110
Hearings to be held before hearing officer
8.36.120
[Reserved]
8.36.130
Removal of vehicle to scrapyard
8.36.140
Notice to Department of Motor Vehicles of removed vehicles
8.36.150
Assessment of charges against land
8.36.160
Violation - Penalty
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8.36.090 Ten-day notice required
A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public
nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified
mail or registered mail, return receipt requested, to the owner of the land, as shown on the last
equalized assessment roll, and to the last registered owner and/or legal owner of record of the
vehicle, unless the vehicle is in such condition that identification numbers are not available to
determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land
must advise that failure to comply with the notice may result in abatement by the City, and costs
being assessed against the property. All notices must advise that an aggrieved parry may appeal
and describe the procedures for filing an appeal.
8.36.100 Public hearing
A. The owner of the vehicle or owner of the land that is the subject of a ten-day notice issued
under this Chapter may appeal the notice to a hearing officer in the manner provided in
Chapter 9.94 of this Code.
B. The appeal must be filed within 10 days following issuance of the ten-day notice. If such a
request for hearing is not received by the City within said ten days after mailing of the notice
of intention to abate and remove, the City shall have the authority to abate and remove the
vehicle or parts thereof as a public nuisance without holding a public hearing.
8.36.110 Hearings to be held before hearing officer
A. The hearing officer may impose such conditions and take such other action as the hearing
officer deems appropriate under the circumstances to cavy out the purpose of this Chapter.
The hearing officer may delay the time for removal of the vehicle or part thereof if, in the
hearing officer's opinion, the circumstances justify it. At the conclusion of the public
hearing, the hearing officer may find that a vehicle or part thereof has been abandoned,
wrecked, dismantled, or is inoperative on private or public property, and may order the same
removed from the property as a public nuisance and disposed of as hereinafter provided, and
may determine the administrative costs and the cost of removal to be charged against the
owner of the parcel of land on which the vehicle or part thereof is located. The order
requiring removal shall include a description of the vehicle or part thereof and the correct
identification number and license number of the vehicle if available at the site.
B. If it is determined at the hearing that the vehicle was placed on the land without the consent
of the land owner and that he has not subsequently acquiesced in its presence, the hearing
officer shall not assess costs of administration or removal of the vehicle against the property
upon which the vehicle is located or otherwise attempt to collect such costs from such
landowner.
C. The decision of the hearing officer in an appeal under Chapter 9.94 of this Code is final.
836.120 [Reserved]
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SECTION 6. Various Sections of Chapter 9.92 of Title 9 of the San Bernardino
Municipal Code are hereby amended to state as follows (omitted provisions not amended
represented by ellipses [... ]):
64
Chapter 9.92
ADMINISTRATIVE CITATION PROCESS
Sections:
9.92.010
Legislative Findings and Statement of Purpose
9.92.020
Administrative Law Officer
9.92.030
Use of Administrative Citation
9.92.040
Violation; Authority; Fines
9.92.050
Service Procedures
9.92.060
Contents of Citation
9.92.070
Satisfaction of the Administrative Citation
9.92.080
Request for Hearing on an Administrative Citation
9.92.090
Failure to Pay Fines
9.92.100
Publication and Availability of Rules and Regulations
9.92.110
Representation at Hearings
9.92.120
Conduct of Hearings
9.92.130
Orders
9.92.140
Disposition of Fines
9.92.150
Punishment of Violations by Imprisonment
9.92.160
Administrative Adjudication Procedures Not Exclusive
9.92.170
Applicability of Administrative Adjudication Procedures
9.92.180
Right to Judicial Review
9.92.190
Severability
9.92.090 Failure to Pay Fines
A. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this
Chapter on or before the date that fine is due is liable for the payment of any applicable
interest charges.
B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be
calculated on a prorated monthly basis from the date such obligation becomes delinquent to
the date it is paid.
C. The City may collect any delinquent administrative citation fines or interest charges by use of
all available legal means, including personal collection from the responsible parties.
D. The City also may recover all costs, expenses, and fees, including attorneys' fees, associated
with the assessment, enforcement, processing, and collection of the fines associated with the
administrative citation in accordance with the provisions of this Code.
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9.92.170 Applicability of Administrative Adjudication Procedures
A. Notwithstanding any other provision of the ordinances of the City or this Code, all provisions
of this Code or ordinances, may be enforced by instituting an administrative adjudication
hearing with the Administrative Law Officer as provided in this article.
B. Notwithstanding any other provision of the ordinances of the City or this Code, any
enforcement action, including but not limited to license or permit suspension or revocation,
which may be exercised by another department of the City may also be exercised by the
Administrative Law Officer as provided in this article.
9.92.180 Right to Judicial Review
Any decision of the Administrative Law Officer is final, subject to judicial review.
Within 20 days after service of the decision of the Administrative Law Officer upon the party to
the administrative adjudication hearing, that person may seek judicial review of the decision by
filing an appeal with the Superior Court of the State of California, in the County of San
Bernardino, in accordance with California Government Code section 53069.4. The appealing
party must serve upon the City Clerk, either in person or by first-class mail, a copy of the notice
of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer's
decision is deemed confirmed."
SECTION 7. Chapter 9.94 of Title 9 of the San Bernardino Municipal Code is hereby
added to state in full as follows:
rc
Sections:
9.94.010
9.94.020
9.94.030
9.94.040
9.94.050
9.94.060
9.94.070
9.94.080
9.94.090
9.94.100
9.94.110
9.94.120
9.94.130
9.94.140
Chapter 9.94
ADMINISTRATIVE HEARINGS AND APPEALS
Definitions
Purpose and Intent
Scope
Hearing Officer—Selection and Qualifications
Powers and Duties of Hearing Officer
Right to Appeal; Consequence of an Untimely or Incomplete Appeal
Administrative Hearings—Notice Procedures
Administrative Hearings—Conduct of Hearing
Decision of the Hearing Officer
Methods of Service
Costs
Judicial Review
Limitation on Jurisdiction
Severability
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9.94.010 Definitions
The following definitions apply in the interpretation and enforcement of this Chapter.
A. "Action" means an act or decision by an administrative officer or administrative agency for
which a right to appeal under the provisions of this Chapter is granted in this Code.
B. "Administrative agency" means an organ of the city government other than the City Council
which under the direction of the City Manager has responsibility for carrying out or
enforcing the rules, regulations, and ordinances of the city, but not including boards and
commissions of the city.
C. "Administrative officer" means an officer of the city who is not a member of the legislative
body or appointed boards or commissions. Such officers include but are not limited to the
City Manager, chief of police, fire chief, director of planning and building, director of
transportation, director of public works, or similar officer.
D. "Aggrieved person" means any person whose personal, pecuniary or property right or interest
is directly and adversely affected, or upon whom a substantial burden or obligation is
imposed by the action or decision appealed from.
E. "Appellant" means any aggrieved person who files an appeal.
F. "Code" means the San Bernardino Municipal Code.
G. "Hearing officer" means any person duly qualified and authorized by this Chapter to hear and
review appeals under this Chapter.
H. "Respondent" means the administrative officer or agency which took the action appealed
from, and any other administrative officer or agency named as respondent in an appeal.
9.94.020 Purpose
It is the purpose and intent of the City Council to afford due process of law to any person
who is directly affected by an action or decision of an administrative agency or officer. These
procedures are also intended to establish a forum to efficiently and fairly resolve administrative
appeals.
9.94.030 Scope
The hearing officer hears appeals from actions taken by an administrative officer or
administrative agency when a right to appeal under the provisions of this Chapter is granted in
this Code. Except where this Code prescribes another procedure, the rules and procedures
pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under
this Chapter may be supplemented or modified as stated in the chapter that grants a right to
appeal under these provisions. The hearing officer has no authority to hear appeals of any action
taken by the City Council or any other board or commission of the City.
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9.94.040 Hearing Officer—Selection and Qualifications
A. The City Manager must establish procedures for the selection of a qualified person to
serve as hearing officer for each matter appealed under this Chapter. Hearing officers
must be selected in a manner that avoids the potential for pecuniary or other bias.
B. For purposes of this section, "qualified person" includes an individual with a background
in the practice of law or with a background in local governance, that is particularly
experienced or knowledgeable about the subject matter at issue, or that is otherwise
deemed qualified by the City Manager.
9.94.050 Powers and Duties of Hearing Officer
A. As provided by Section 9.94.030, the hearing officer hears all appeals in accordance with the
procedures contained in this Chapter or as supplemented or modified in the chapter granting
a right to appeal hereunder.
B. The hearing officer is authorized to issue decisions and take all actions necessary and proper
to carry out the functions of the hearing officer in this Chapter, including:
(1) Hold conferences for settlement or simplification of the issues;
(2) Administer oaths and affirmations;
(3) Hear testimony;
(4) Rule upon motions, objections, and the admissibility of evidence;
(5) Preserve and authenticate the record of the hearing and all exhibits and evidence
introduced at the hearing;
(6) Regulate the course of the hearing in accordance with this Chapter or other applicable
law; and
(7) Issue a final order which includes findings of fact and conclusions of law.
C. The hearing officer may request information, services, facilities, or any other assistance for
the purpose of furthering the objectives of this Chapter.
D. At the hearing, the hearing officer must hear and consider the testimony of the appellant,
respondent, and their witnesses, as well as any documentary evidence presented by these
persons.
E. The hearing officer must ensure that parties receive a fair hearing and are afforded due
process in accordance with the applicable State and federal law governing such hearings.
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9.94.060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal
Except where this Code prescribes another procedure, the following hearing request procedures
apply to appeals under this Chapter.
A. Any aggrieved person may contest an action taken by an administrative officer of the City, as
provided in Section 9.94.030, by filing a written notice of appeal with the City Clerk within
15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must
also include payment to the City Clerk of the appeal fee, as established or amended from
time to time by resolution of the City Council.
B. The notice required by Subsection (A) must be filed no later than 15 days following the date
of mailing to appellant of notice of the action from which the appeal is taken or, if there is no
such mailing or none is required, no later than 15 days following the date of the action that is
the subject of the appeal.
C. A written notice of appeal must contain the following information:
(1) The full name, mailing address, e-mail address, and telephone number of each appellant
who is appealing the action;
(2) A description of the specific action or decision being appealed, including the date of the
action;
(3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the
nature of the controversy; and
(4) The signature of an appellant.
D. If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is
incomplete, or if the notice of appeal does not comply with all of the requirements set forth in
this section, the right to appeal the action is waived. In this event, the action is final and
binding. A failure to file a timely or proper notice of appeal also constitutes a failure to
exhaust administrative remedies.
9.94.070 Administrative Hearings—Notice Procedures
Except where this Code prescribes another procedure, the following hearing notice procedures
apply to appeals under this Chapter:
A. No hearing before a hearing officer under this Chapter may be scheduled or held unless a
timely and proper notice of appeal has been submitted to the City Clerk as set forth in
Section 9.94.060.
B. The City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days
from receipt of the notice of appeal, unless the parties waive such time limits. The failure to
hold the hearing within this time period does not invalidate any action of the hearing officer.
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Ordinance No. MC -1521
C. The City Clerk must provide a copy of the appeal to the respondent within five days after
filing.
D. The City Clerk must notify the appellant, respondent, and City Attorney in writing of the
date, time, and location of the hearing at least 15 days before the date of the hearing.
E. Failure to receive notice of the time and place of the hearing shall not dismiss any violation
at issue or invalidate any action of the hearing officer, if the notice was given in the manner
stated in Subsection (D) of this Section.
F. The notice of hearing may be served by any of the methods of service listed in Section
9.94.100 of this Chapter.
G. Unless the notice of appeal names some other respondent, the administrative officer or
administrative agency that took the action or made the decision being appealed is designated
the "respondent."
9.94.080 Administrative Hearings—Conduct of Hearing
A. Participation. The hearing officer must be present at all times to preside over the hearing.
All hearings are open to the public. The respondent, or another City representative, is
required to participate in the hearing. The appellant is required to participate in the hearing.
B. Evidence, Witnesses, and Discovery. All parties have the right to present evidence and
cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules
of privilege are effective to the same extent that they are now or hereafter may be recognized
in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral evidence
may be taken only on oath or affirmation. The appellant and respondent may represent
themselves or be represented by anyone of their choice.
C. Cross -Examination. No party shall have the right to cross-examine any other party or
witness except for good cause shown to the satisfaction of the hearing officer. Each party
may cross-examine witnesses.
D. Interpretation and Recordation. The appellant may bring an interpreter to the hearing at
his or her sole expense. The City may, at its discretion, record the hearing by stenographer,
court reporter, audio recording, or video recording.
E. Subpoenas. In any hearing conducted by the hearing officer, he or she has the power to
compel the attendance of witnesses for the production of evidence by subpoenas issued under
the authority of the City Council and attested by the City Clerk. Subpoenas may also be
issued at the request of the parties prior to the commencement of such hearing. No subpoena
may be issued for any reason without the concurrence of the City Attorney that there is good
cause for such subpoena to be issued, and such subpoena is approved by the City Council. It
is the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of
a person to attend or to testify in answer to such a subpoena subjects the person to
prosecution in the same manner set forth by law for failure to appear before the City Council
in response to a subpoena issued by the City Council.
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F. Proof. The standard of proof applicable to the hearing and to be used by the hearing officer
in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent
bears the burden of proof at the hearing. The hearing officer determines relevancy, weight,
and credibility of testimony and evidence.
G. Continuances. The hearing officer, before or during a hearing, may grant a request for a
continuance, in his or her discretion, for good cause; however, in no event may the hearing
be continued for more than 30 calendar days without stipulation by all parties.
H. Failure of Appellant to Appear. If the appellant fails to appear at the hearing, the hearing
officer may cancel the hearing and send a notice thereof to the appellant to the address stated
on the appeal form. A cancellation of a hearing due to non-appearance of the appellant
waives the right to appeal and is failure to exhaust all administrative remedies, provided that
proper notice of the hearing as required by this Chapter has been provided. In such instances,
the action is final and binding.
9.94.090 Decision of the Hearing Officer
A. The hearing officer must render his or her decision in accordance with the provisions of this
Chapter, applicable law, and all ordinances of this City.
B. The hearing officer's decision must be in writing and must set forth the hearing officer's
findings of fact and conclusions of law.
C. The hearing officer must render a decision within 15 days following the conclusion of the
hearing. Failure of the hearing officer to render a decision within this time period does not
invalidate any action of the hearing officer.
D. The hearing officer's decision must be served on all parties in accordance with Section
9.94.100. Failure of a person to receive a properly -served decision does not affect the finality
or effectiveness of the decision.
E. The hearing officer's decision is the final administrative decision of the City regarding the
action that is the subject of the appeal. The hearing officer's decision is effective on the date
of service of the decision. The decision must contain the following statement: "The decision
of the hearing officer is final and binding. Judicial review of this decision is subject to the
provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et
seq.
9.94.100 Methods of Service
A. Except where this Code prescribes another procedure, any notice or document required to be
served under this Chapter must be served by personal service or first-class mail.
B. Service is deemed effective on the date it is personally delivered or mailed.
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Ordinance No. MC -1521
C. Failure of any person to receive a document properly served under this Chapter does not
affect the validity of the notice or document, service, or any action or proceeding under this
Chapter.
9.94.110 Costs
Nothing herein limits the City's ability to seek recovery of its costs or fees incurred in
connection with the hearing if authorized by law. The City shall keep an accounting of the
hearing costs. If any portion of the action is upheld, even in part, the City is the prevailing party.
9.94.120 Judicial Review
The decision of the hearing officer is not subject to appeal to the City Council or any
board or commission of the City. Once the hearing officer's decision becomes final as provided
in this Chapter, the appellant must both bring judicial action to contest such decision and provide
the City with a notice of the action within 90 days after the date of such decision of the hearing
officer, in accordance with the Code of Civil Procedure section 1094.6. Failure to do so means
all objections to the hearing officer's decision are waived.
9.94.130 Limitation on Jurisdiction
The hearing officer shall not consider appeals of orders, decisions, and determinations of
the City of San Bernardino Building Official relating to the building standards of the California
Building Standards Code, which must be considered by the Building Appeals Board pursuant to
Section 2.45.030 of this Code.
9.94.140 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."
SECTION 8. Various Sections of Chapter 15.04 of Title 15 of the San Bernardino
Municipal Code are hereby amended to state as follows (omitted provisions not amended
represented by ellipses [...]):
Chapter 15.04
BUILDING CODES
Sections:
15.04.010 Citation
15.04.020 Adoption of Codes by Reference
15.04.030 Applicability
15.04.040 Definitions
15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of
Abandoned Work
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Ordinance No. MC -1521
15.04.060 CBC Chapter 1, Section 112.1.1 is added- Board of Appeals
Designated
15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended Fences Not
Requiring a Building Permit
15.04.080 [Reserved]
15.04.090 CBC Section 2204.1.1 is added- Qualification of Welding Operators.
15.04.100 CBC Section 3109.1.1 is added- Barriers for Swimming Pools
15.04.110 CBC Appendix J, Section J101 .3 is added - Alquist-Priolo
Earthquake Fault Zones
15.04.120 CBC Appendix J, Section J101.4 is added - Enforcement Authority
15.04.130 On-site Improvement Permit
15.04.140 Preparation of Grading Plans
15.04.150 On -Site Improvement Plans and Specifications
15.04.160 Information on On -Site Improvement Plans
15.04.170 On-site Improvement Plan Review and Permit Fees
15.04.180 Inspection of On -Site Improvements
15.04.190 Bonds Required
15.04.200 CBC Appendix J, Section J110.1 is added- Planting of Slopes
15.04.210 CBC Appendix J, Section J112 is added- Grading Operations
15.04.220 CBC Appendix J, Section J110.3 is added- Final Repots
15.04.230 Driveway Configurations
15.04.240 Location of Slopes
15.04.250 Automatic Fire Sprinkler Systems- Residential Additions
15.04.260 Stop Work Order
15.04.020 Adoption of Codes by Reference
A. Adoption of the California Building Standards Code by Reference
Those certain rules and regulations as set forth in the following codes are hereby adopted and
by this reference are made a part of this Code with the force and effect as though set out
herein in full, with the exception of those parts expressly excepted and deleted or as amended
by this Code, as the regulations governing the erection, construction, alteration, change of
occupancy, repair, removal, and maintenance of all buildings and other structures in the City:
The 2016 edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24, incorporating those state adopted model codes listed
pursuant to Health and Safety Code Section 17922, and all state adopted amendments
thereon, and incorporating:
A. California Building Code (CBC), 2016 edition, and Appendix J thereto;
B. California Electrical Code (CEC), 2016 edition;
C. California Mechanical Code (CMC), 2016 edition;
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Ordinance No. MC -1521
D. California Plumbing Code (CPC), 2016 edition;
E. California Green Building Standards Code (CGBSC), 2016 edition; and
F. California Residential Code (CRC), 2016 edition;
G. California Energy Code, 2016 edition;
H. California Historical Building Code, 2016 edition;
I. California Fire Code, 2016 edition;
J. California Existing Building Code, 2016 edition.
B. Adoption of Other Codes by Reference
In addition to the California Building Standards Codes, those certain rules and regulations, as
set forth in the following codes, and appendices are hereby adopted by reference and shall
regulate the erection, construction, change of occupancy, alteration, repair, removal and
maintenance of all buildings and other structures in the City:
1. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition;
2. International Property Maintenance Code (IPMC), 2015 edition
C. Copies of all Codes listed above shall be on file in the Community Development Department
Office for inspection and reference and copies of each code shall be furnished to the Building
Official and each deputy.
15.04.030 Applicability
It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate,
remove, move or maintain any building or structure, or grade or alter any land, in the City in
violation of, or without complying with the appropriate provisions of this Chapter.
The California Building Standards Code shall govern and prevail in the event of any
inconsistency or conflict between the building standards within the California Building
Standards Code, as adopted and amended by the City, and the building standards in any other
code.
15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of
Abandoned Work
Section 105.5.1 Prima Facie Evidence of Abandoned Work
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Ordinance No. MC -1521
Failure on the part of the permittee to obtain an inspection and to demonstrate substantial
progress to the satisfaction of the Building Official within any 365 day period shall be prima
facie evidence that the work has been abandoned and the permit shall have expired.
15.04.060 CBC Chapter 1, Section 113.1.1 is added Board of Appeals Designated
Section 113.1.1 Board of Appeals Designated
1. In order to hear and decide appeals of orders, decisions, or determinations made by the
Building Official relative to the application and interpretation of the building standards of
this code, the Building Appeals Board of the City of San Bernardino, established under
Chapter 2.45 of this Code, shall serve as the Board of Appeals. The Building Appeals
Board has such duties as are delegated to it by the California Building Standards Code and
Chapter 2.45 of the San Bernardino Municipal Code.
15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a
Building Permit
2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet
above grade. Masonry fences shall be constructed in accordance with the standard design
specifications approved by the Building Official, unless an alternate engineered design is
submitted and approved. Exemption from the permit requirements shall not be deemed as a
waiver of the design requirements contained in the San Bernardino Development Code as it
relates to the use or configuration of materials, or to the height of fences in front, side or
rear yards.
15.04.080 [Reserved]
15.04.120 CBC Appendix J, Section J101A is added - Enforcement Authority
J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her
designee shall have the authority for the enforcement of CBC Appendix J and any amendments
thereto.
SECTION 9. Chapter 15.05 of Title 15 of the San Bernardino Municipal Code is hereby
amended to state in full as follows:
Chapter 15.05
PROPERTY MAINTENANCE CODE
Sections:
15.05.010 Citation of Sections
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Ordinance No. MC -1 -+21
15.05.020
Section 102.3 amended
15.05.030
Section 103.1 amended
15.05.040
Section 104.3 amended
15.05.050
Section 106.4 amended
15.05.060
Section 107.1 amended
15.05.070
Section 111 amended
15.05.080
Section 112A amended
15.05.090
Section 201.3 amended
15.05.100
Section 302.4 amended
15.05.110
Section 302.9 amended
15.05.120
Section 304.3 amended
15.05.130
Section 304.14 amended
15.05.140
Section 304.18 amended
15.05.150
Section 307 amended
15.05.160
Section 401.3 amended
15.05.170
Section 502.5 amended
15.05.180
Section 505.1 amended
15.05.190
Section 602.2 amended
15.05.200
Section 602.3 amended
15.05.210
Section 602.4 amended
15.05.220
Section 604.2 amended
15.05.230
Section 604.3.1.1 amended
15.05.240
Section 604.3.2.1 amended
15.05.250
Section 702.1 amended
15.05.260
Section 702.2 amended
15.05.270
Section 702.3 amended
15.05.280
Section 704.1 amended
15.05.290
Section 704.2 amended
15.05.010 Citation of Sections
The provisions of this chapter amend the International Property Maintenance Code, 2015
Edition, published by the International Code Conference, as adopted by reference by the City in
Chapter 15.04 of this Code.
15.05.020 Section 102.3 amended
International Properly Maintenance Code Section 102.3 is amended to read as follows:
102.3 "Repairs, additions or alterations to a structure, or changes of occupancy, shall be
done in accordance with the procedures and provisions of the California Administrative Code,
California Building Code, California Energy Code, California Historical Building Code,
California Existing Building Code, California Fire Code, California Plumbing Code, California
Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to
cancel, modify or set aside any provision of the San Bernardino Municipal Code."
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Ordinance No. MC -1521
15.05.030 Section 103.1 amended
International Property Maintenance Code Section 103. 1 is amended to read as follows:
103.1 "The Chief of Police or the Director of Community Development or their
authorized representatives shall be known as the code official as referenced in the International
Property Maintenance Code."
15.05.040 Section 104.3 amended
International Property Maintenance Code Section 104.3 is amended to add the following
phrase to the end of the last sentence: "including the warrant provisions of Section 1822.50 et
seq. of the Code of Civil Procedure of the State of California."
15.05.050 Section 106A amended
International Property Maintenance Code Section 106.4 is amended to read as follows:
106.4 "Violation penalties. Any person violating any of the provisions of this title,
including, but not limited to, adopted model codes, as amended in this title, shall be subject to
the penalty provisions of Chapters 1. 12, 9.92 and 9.93 of the San Bernardino Municipal Code."
15.05.060 Section 107.1 amended
International Property Maintenance Code Section 107.1 is amended to read as follows:
107.1 "Notice to Person Responsible. Whenever the code official determines that there
has been a violation of this code or has grounds to believe that a violation has occurred, notice
shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided
by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation
as specified in this code. Notices for condemnation procedures shall also comply with Section
108.3."
15.05.070 Section 111 amended
International Property Maintenance Code Section 111 and subsections are amended to
read as follows:
111 "A party aggrieved by a notice or order issued under this code may appeal in the
manner set forth in Chapter 9.94 of the San Bernardino Municipal Code."
15.05.080 Section 112.4 amended
International Property Maintenance Code Section 112.4, Failure to comply, is amended to
read as follows:
112.4 Failure to Compl "Any person, firm or corporation who continues work on a building or
structure after a stop work order has been issued by any of the employees listed in [SBMC]
9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is
—23 of32—
Ordinance No. MC -1521
directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less
than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each
day of the violation. Each day during any part of which the activity prohibited by subdivision
112. 1 of this section continues shall be a distinct and separate offense."
15.05.090 Section 201.3 amended
International Property Maintenance Code Section 201.3 is amended to read as follows:
201.3 Definitions. "Where terms are not defined in this code and are defined in the
California Administrative Code, California Building Code, California Residential Code,
California Green Building Standards Code, California Energy Code, California Historical
Building Code, California Existing Building Code, California Fire Code, California Plumbing
Code, California Mechanical Code, or California Electrical Code, or any code adopted by
reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the
meanings ascribed to them as stated in those codes."
15.05.100 Section 302.4 amended
International Property Maintenance Code Section 302.4, paragraph number one, is
amended to read as follows:
302.4 Weeds "Weed and rubbish abatement shall be as set forth in the San Bernardino
Municipal Code, Chapter 8.30, Abatement of Public Nuisances."
15.05.110 Section 302.9 amended
International Property Maintenance Code Section 302.9, defacement of property, is
deleted.
15.05.120 Section 304.3 amended
International Property Maintenance Code Section 304.3 is amended to read as follows:
304.3 Premises Identification "Premises identification shall be as set forth in the San
Bernardino Municipal Code sections 12.32.030 and/or 15.16.126."
15.05.130 Section 304.14 amended
International Property Maintenance Code Section 304.14 is deleted.
15.05.140 Section 304.18 amended
International Property Maintenance Code Section 304.18 is deleted.
15.05.150 Section 307 amended
International Property Maintenance Code Section 307, Handrails and guardrails, is
amended to read as follows:
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Ordinance No. MC -1521
307 Handrails and Guardrails 'Every exterior and interior flight of stairs shall have a
handrail and guard per the requirements of the adopting code at the time the building was
permitted. Handrails and guardrails shall be maintained in a safe and useful condition."
15.05.160 Section 401.3 amended
International Property Maintenance Code Section 401. 3 is amended to read as follows:
401.3 Alternative Devices "In lieu of the means for natural light and ventilation herein
prescribed, artificial light or mechanical ventilation complying with the California Building Code
or California Residential Code shall be permitted."
15.05.170 Section 502.5 amended
International Property Maintenance Code Section 502.5, Public toilet facilities, is
amended to read as follows:
502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary
and working condition in accordance with the California Plumbing Code. Except for periodic
maintenance or cleaning, public access and use shall be provided to the toilet facilities at all
times during occupancy of the premises."
15.05.180 Section 505.1 amended
International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections,
is amended to read as follows:
505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower,
drinking fountain, water closet or other plumbing fixture shall be properly connected to either a
public water system or to an approved private water system. All kitchen sinks, lavatories,
laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running
water in accordance with the California Plumbing Code."
15.05.190 Section 602.2 amended
International Property Maintenance Code Section 602.2, Heating Facilities, is amended to
read as follows:
602.2 Heating Facilities "Residential occupancies. Interior spaces intended for human
occupancy shall be provided with permanently -installed heating facilities capable of maintaining
a room temperature of 68 degrees F (20 C) in all habitable rooms."
15.05.200 Section 602.3 amended
International Property Maintenance Code Section 602. 3, Heat supply, Exceptions #1 and
#2 are deleted.
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Ordinance No. MC -1521
15.05.210 Section 602.4 amended
International Property Maintenance Code Section 602.4, Occupiable work spaces, is
deleted.
15.05.220 Section 604.2 amended
International Property Maintenance Code Section 604.2, Service, is amended to read as
follows:
604.2 "Service. The size and usage of appliances and equipment shall serve as a basis for
determining the need for additional facilities in accordance with the California Electrical
Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single-phase
electrical service having a rating of not less than 60 amperes."
15.05.230 Section 604.3.1.1 amended
International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is
amended to read as follows:
604.3.1.1 Electrical Eq"Electrical equipment. Electrical distribution equipment,
motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices,
ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case
circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling
and communication equipment that have been exposed to water shall be replaced in accordance
with the provisions of the California Electrical Code. The exception provisions of section
604.3.1.1 of the IPMC are hereby deleted."
15.05.240 Section 604.3.2.1 amended
International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is
amended to read as follows:
604.3.2.1 Electrical_ Equipg ent "Electrical switches, receptacles and fixtures, including
furnace, waterheating, security system and power distribution circuits, that have been exposed to
fire, shall be replaced in accordance with the provisions of the California Building Code, or
California Electrical Code."
The exception provisions of section 604.3.2.1 of the IPMC are hereby deleted.
15.05.250 Section 702.1 amended
International Property Maintenance Code Section 702.1, General, is amended to read as
follows:
702.1 General "General. A safe, continuous and unobstructed path of travel shall be
provided from any point in a building or structure to the public way. Means of egress shall
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Ordinance No. MC -1521
comply with the California Fire Code, California Residential Code, or the California Building
Code, whichever is more restrictive."
15.05.260 Section 702.2 amended
International Property Maintenance Code Section 702.2, Aisles, is amended to read as
follows:
702.2 Aisles "Aisles. The required width of aisles in accordance with the California Fire
Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is
more restrictive, shall be unobstructed."
15.05.270 Section 702.3 amended
International Property Maintenance Code Section 702.3, Locked doors, is amended to
read as follows:
702.3 Locked Doors "Locked Doors. All means of egress doors shall be readily openable
from the side from which egress is to be made without the need for keys, special knowledge or
effort, except where the door hardware conforms to that permitted by the California Fire Code,
California Building Code, or California Residential Code, whichever is more restrictive."
15.05.280 Section 704.1 amended
International Property Maintenance Code Section 704.1, General, is amended to read as
follows:
704.1 Fire Protection Svstems "General. All systems, devices and equipment to detect a
fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be
maintained in an operable condition at all times in accordance with the California Fire Code."
15.05.290 Section 704.2 amended
International Property Maintenance Code Section 704.2, Smoke alarms, is amended to
read as follows:
704.2 Smoke Alarms "Smoke alarms. Smoke alarms shall be installed and maintained in
accordance with the California Fire Code, California Residential Code, or the California
Building Code, whichever is more restrictive.""
SECTION 10. Section 15.20.090 of Chapter 20 of Title 15 of the San Bernardino
Municipal Code is- hereby amended to state as follows (omitted provisions not amended
represented by ellipses
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Ordinance No. MC -1521
15.20.090 Hearings
Any person aggrieved by the revocation of any certificate of occupancy by the Building
Official may appeal that decision in the manner set forth in Chapter 9.94 of this Code, as such
revocation is an administrative enforcement action. Any person aggrieved by the denial of a
certificate of occupancy may appeal that decision in the manner set forth in Chapter 2.45 of this
Code, as such denial is an order, decision, or determination of the Building Official relating to
the building standards of the California Building Standards Code.
SECTION 11. Various Sections of Chapter 15.28 of Title 15 of the San
Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not
amended represented by ellipses [... ]):
Sections:
15.28.010
15.28.020
15.28.030
15.28.040
15.28.050
15.28.060
15.28.070
15.28.080
15.28.090
15.28.100
15.28.110
15.28.120
15.28.130
15.28.140
15.28.150
15.28.160
15.28.170
15.28.180
15.28.190
15.28.200
15.28.210
15.28.220
Chapter 15.28
DANGEROUS BUILDINGS
Referenced Code
Uniform Code for the Abatement of Dangerous Buildings - Amended
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
Securing dangerous buildings from entry
Recovery of costs of abatement of nuisance
Discontinuance of utilities
Filing of notice of pendency of administrative proceedings
[Reserved]
Post -disaster Safety Assessment Placards
Section 103 amended
Section 205 amended
Section 301 amended
— 28 of 32 —
Ordinance No. MG 1521
15.28.020 Uniform Code for the Abatement of Dangerous Buildings - Amended
Chapters 5, 6, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are
hereby deleted.
Procedures for appeals, hearings, enforcement of orders, and abatements related to the
administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8.30
of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of
the UCADB, enforcement of any notice and order of the building official is stayed during the
pendency of an appeal therefrom that is properly and timely filed.
15.28.140 Securing dangerous buildings from entry
A. The building official is authorized to secure from entry any structure that is ordered vacated
in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous
Buildings and where the building official determines, in his or her sole discretion, that
securing the structure is necessary to enforce the order to vacate. The enforcement official
may secure such structures using any method deemed appropriate under the circumstances in
his or her discretion.
B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the
Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate
without the express written consent of the City of San Bernardino Building Official is guilty
of a misdemeanor, 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's decision to secure a structure may be appealed in the same manner as
the issuance of the underling notice to vacate and as provided in Section 15.28.020.
15.28.150 Recovery of costs of abatement of nuisance
Any costs incurred by the City in connection with the enforcement of the Uniform Code for the
Abatement of Dangerous Buildings may be collected by the City according to the procedures
specified in Chapter 8.30 of the San Bernardino Municipal Code.
15.28.170 Filing of notice of pendency of administrative proceedings
At any time after the Building Official has initiated action to locate and serve the owners
with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of
Dangerous Buildings, the Building Official or the City Engineer may file with the county
recorder a notice of pendency of administrative proceedings which shall constitute notice to any
subsequent owner, purchaser, encumbrancer of the property described therein or involved in the
proceedings, beneficiary of a trust deed, penholder, mortgagee, or any other person holding or
claiming any interest of any kind in the property described therein who shall be bound by the
— 29 of 32 —
Ordinance No. MC -1521
administrative proceedings, including liability for all amounts and costs and expenses assessed
against the property as alien for abatement in the same manner as if he had been the owner at the
time of commencement of the proceedings and had been properly served at that time.
15.28.200 Section 103 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended
to read as follows:
"All buildings or structures which are required to be repaired under the provisions of this
code shall be subject to the provisions of the California Building Standards Code promulgated by
the California Building Standards Commission in Title 24 of the California Code of Regulations,
as adopted and amended by the City of San Bernardino."
15.28.210 Section 205 amended
Section 205, of the Uniform Code for the Abatement of Dangerous Buildings is amended
by deleting the section.
15.28.220 Section 205 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended
to read as follows:
"For the purpose of this code, certain terms, phrases, words, and their derivatives shall be
construed as specified in either this chapter or as specified in the International Building Code.
Where terms are not defined, they shall have their ordinary accepted meanings within the context
with which they are used. Words used in the singular include the plural and plural the singular.
Words used in the masculine gender include the feminine and the feminine the masculine.
BUILDING CODE is the California Building Code, as adopted and amended by the City of San
Bernardino.
DANGEROUS BUILDING is any building or structure deemed to be dangerous under the
provisions of Section 302 of this code.""
SECTION 12. All existing provisions of the San Bernardino Municipal Code that are
repeated herein are repeated only to aid decision -makers and the public in understanding the
effect of the proposed changes. Restatement of existing provisions does not constitute a new
enactment.
SECTION 13. Severability. If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end, the provisions of this Ordinance are declared to be severable.
—30of32—
Ordinance No. MC -1521
SECTION 14. The City Council finds this Ordinance is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 15. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 16. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the Citycil an -aligned by the Mayor and attested
by the City Clerk this 18th day of September 2019/277 17'
Attest:
PC f - , �,,
Georgeann Han T. MMC, City Clerk
approved as to form:
f ,
Gary D. aenz, City Attorney
John Valdivia, Mayor
City of San Bernardino
—31 of32—
Ordinance No. MC -1521
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC -1521, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 0 day of September 2019. Ordinance No. MC -1521
was approved, passed, and adopted at a regular meeting held the 18'h day of September 2019 by
the following vote:
Council Members:
SANCHEZ
IBARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 18'' day of September
2019.
LGeorgeann lfan4a, MMC', City Clerk
— 32 of 32 —