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HomeMy WebLinkAboutMC-1015 Adopted: January 26, 1998 Effective: February 27, 1998 1 ORDINANCE NO. Me-I 01 ~ 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND 4 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF 5 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS PERTAINING THERETO, AND EXPENSES OF ABATEMENTS. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 7 DO ORDAIN AS FOLLOWS 8 9 SECTION 1. Section 15 16065 of the San Bernardino Municipal code is hereby added as follows: 10 11 15.16.065 Commencement of Proceedings Whenever the Fire Chief or his/her designated representative reasonably believes a violation of the Uniform Fire Code exists, he/she shall commence abatement proceedings in 12 13 14 accordance with Chapter 8.30 of the San Bernardino Municipal Code. All hearings shall be conducted by the Fire Chief or his/her designee ("Hearing Officer"). The Hearing Officer may hear 15 16 matters pertaining to both Uniform Fire Code violations and/or public nuisance violations as enumerated in Section 8.30 010 17 18 SECTION 2. Section 15 16066 of the San Bernardino Municipal Code is hereby added as follows: 19 20 15.16.066 Emergency Abatement/Closure Procedure A. Not withstanding any other provision of this Chapter with reference to the Abatement of Uniform Fire Code violations, whenever the Fire Chief or 21 22 23 his/her duly authorized representative determines that property, a building or structure is structurally unsafe, or constitutes a fire hazard, or endangers 24 the life, health, property or safety of the public or its occupants, and such 25 condition constitutes an immediate hazard or danger, he or she shall, 26 27 immediately and forthwith abate the existing public nuisance, including but not limited to the closure of the property 28 1 Me-1015 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND 2 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF 3 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS PERTAINING THERETO, AND EXPENSES OF ABATEMENTS. 4 B In lieu of the summary abatement hearing procedures for Dangerous 5 Buildings in Section 15.28 140, the Fire Chief or his/her duly authorized 6 7 representative shall mail, immediately after such emergency abatement/closure, a Notice of Hearing to the owners of the real property upon which the structure is located. Notice shall be mailed to the address as ascertained from title company records, the latest assessment roll of the County Assessor, or if no address is so shown, to the address of the 8 9 10 11 property as such address may be known by the Fire Chief or duly authorized 12 representative. Such notice shall contain the following information. 13 I) that a Hearing has been scheduled within twenty (20) days of 14 such emergency abatement/closure action before the Fire Chief or his/her 15 designee ("Hearing Officer") with the date, time and location of such 16 Hearing; 17 18 2) that emergency action was taken with regards to the property; 3) the reason why he/she has taken the action 19 20 At the Hearing, the Hearing Officer shall consider all relevant evidence, including, but not limited to, applicable staff reports. He or she shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Hearing Officer shall determine whether the emergency action was warranted. The hearing shall not be conducted according to formal rules of evidence or procedure, but 21 22 23 24 25 26 shall be conducted in a manner generally complying with the Administrative Procedure Act at Government Code Section 11370, et seq. 27 III 28 2 Me-1015 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND 2 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF 3 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS PERTAINING THERETO, AND EXPENSES OF ABATEMENTS. 4 C The expense of the abatement shall be itemized and after a hearing, notice 5 of which is given in substantial compliance with Section 8.30 040, relating 6 7 to the emergency nature of the abatement and the expenses incurred constitute a special assessment and lien against the abated parcel as set forth 8 in 99830110,830120 and 830130 9 SECTION 3. Section 15 16075 of the San Bernardino Municipal Code is hereby 10 amended as follows: 11 15.16.075 Applicant Appeals 12 Section 103 14 I of the Uniform Fire Code is amended to read as follows: 13 103 141 The applicant may appeal the Hearing Officer's denial, suspension 14 15 or revocation of a pennit or his interpretation of this code to the Board of Building Commissioners within ten days from the date of notice of the decision in accordance with the provisions of 99 16 17 8.30070, 8.30080 and 8.30 090 The Board of Building Commissioners shall render its decision and findings in writing to the Fire Chief with a duplicate copy to the applicant. 103 I 4 I I When appeals are filed, a processing fee in an amount established 18 19 by resolution of the Mayor and Common Council shall be paid by the applicant to research and 20 process the appeal. The fee shall be paid to the City Clerk. 21 22 III III III III III III III 23 24 25 26 27 28 3 Me-1015 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS 15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND 2 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF 3 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS PERTAINING THERETO, AND EXPENSES OF ABATEMENTS. 4 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 j t. regular meeting thereof, held on 7 the ~ day of January , 1998 by the following vote, to wit: 8 9 Council Members: AYES NEGRETE ~ CURLIN ---1L ARIAS --.lL OBERHELMAN ---1L DEVLIN x ANDERSON ---1L MILLER ---1L NAYS ABSTAIN ABSENT 10 11 12 13 14 15 16 17 '~ J ("; i , . L-<.A ;). ,{,<"L4c. City rk 18 19 20 The foregoing ordinance is hereby approved this 2lL day of January , 199'.~. 21 22 ,~,. m~ Norine Miller, ~ayor Pro Tern City of San Bernardino 23 24 Approved as to form and legal content: 25 26 JAMES F PENMAN, City Attorney 11 27 /) 7 ~" ,j'<-'~ 28 By' A'1v'l/.<> / ,~/ 4