HomeMy WebLinkAboutMC-670
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ORDINANCE NO. MC-670
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.20 REQUIRING A CERTIFICATE OF OCCUPANCY, AND DECLARING THE
URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 15.20 is added to the San Bernardino
Municipal Code as follows:
"Chapter 15.20
Certificate of Occupancy
15.20.010 Purpose.
The purpose of this chapter is to protect the public from
unsafe and substandard buildings, to prevent the deterioration of
buildings, and to prevent future blight and decline of property
values through a program of required inspection and
certification.
15.20.020 Definitions.
Except as otherwise defined in this chapter, all terms
used in this chapter which are defined by applicable State law,
the Uniform Building Code, or this code, are used in this chapter
as so defined, unless from the context it clearly appears that a
different meaning is intended:
1. Building Official means the Director of
Building and Safety or his/her designee.
2. Occupant means any person who occupies a
uni t, building, st..:: 'lcture, or property whether as an
owner, or tenant or permittee of the owner.
3.. Occupancy means the purpose for which a
building, structure, or property is used or intended
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to be used.
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4.
Owner means any person having a legal or
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equitable interest in the property.
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Person means an individual, partnership,
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corporation, association or organization, or the
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agent of any of the foregoing.
7 15.20.030 Certificate of Occupancy Required.
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It shall be unlawful for the owner to
A. Housing.
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occupy, use, rent or lease, or to cause or permit the use
or occupancy, or to sell or exchange, any multi-residential
building of four (4) units or more, including hotels,
motels, lodging houses, and residential group care
facilities, without a valid certificate of occupancy or a
valid temporary certificate of occupancy issued by the
Building Official.
B. Buildings, structures and Vacant Property.
It
shall be unlawful for the owner to occupy, use, rent or
lease, or to cause or permit the use or occupancy, or to
sell or exchange, any building or structure in Occupancy
Classifications A (assembly), E (educational), I
(institutional), H (hazardous), or B (business) of the
Uniform Building Code without a valid certificate of
occupancy or a valid temporary certificate of occupancy
issued by the Building Official.
It shall be unlawful for
the owner of vacant property in the above classifications
to use or occupy said property or to cause or permit the
use and occupancy of said property without a valid
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certificate of occupancy or a valid temporary certificate
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of occupancy issued by the Building Official.
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It shall be unlawful for the owner
C.
Businesses.
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or any other person to commence or conduct a business
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without a certificate of occupancy for businesses.
A
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certificate of occupancy for businesses shall be issued by
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the Building Official to the owner of a business upon
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compliance with the following:
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1.
Submit a copy of the certificate of
occupancy or temporary certificate of occupancy issued
to the building, structure or property to be occupied
by the business;
2.
Sign a statement that the business complies
with the use and occupancy classification on that
certificate; and
3.
Pass a fire inspection.
D.
Valid Certificate. A certificate of occupancy or
a temporary certificate of occupancy shall not be deemed to
be valid if it has expired, been denied, withheld, revoked,
or a new certificate of occupancy was required but had not
been obtained.
E.
Posting Certificate.
The owner of the building
or structure and the owner of a business shall display the
certificate in a conspicuous place.
In addition, the
owner of a building or structure shall provide a copy of
the certificate to all lessees, renters, and purchasers of
the property.
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15.20.040 Conditions Requiring Application.
A. Housing. A new certificate of occupancy shall be
required for all multi-residential buildings of four (4)
units or more whenever:
1. Construction of the building is completed.
2. A building has been vacant for more than 180
days.
3. A building has had alterations requiring
permits.
4. Every four (4) years from the date of
issuance on the certificate of occupancy.
B. Buildings, Structures and Vacant Property. A new
certificate of occupancy shall be required for all
buildings, structures and vacant property under Occupancy
Classifications A (assembly), E (educational), I
(institutional), H (hazardous), or B (business) of the
Uniform Building Code whenever:
1. Construction of the building, structure, or
portion thereof, is completed.
2. A building or structure has had alterations
requiring permits.
3. A building or structure has been vacant for
more than 180 days.
4. A building or structure changes its existing
occupancy classification or division within the same
classification.
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HC-670
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5.
A building or structure is annexed into the
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City.
6.
Vacant property is being used or occupied.
4 15.20.050 Application Process.
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The owner shall file a written application accompanied by
6 payment of a fee with the Building Official prior to use or
7 occupancy of the premises or thirty (30) days prior to expiration
8 of an existing certificate of occupancy or temporary certificate
9 of occupancy. The Building Official, upon request of the owner,
10 shall cause an inspection to be made of the premises within ten
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(10) working days for compliance with City codes.
If the
12 premises are in compliance with said codes, the Building
13 Official shall issue a certificate of occupancy.
14 When an inspection discloses that the premises are not in
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15 compliance with the codes, the Building Official shall give
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17 of occupancy shall be issued to the owner until all deficiencies
written notice of each deficiency to the owner.
No certificate
are corrected.
If the owner fails to correct all said
19 deficiencies within sixty (60) days after the original
20 application was filed, the application shall expire and a new
21 application, plus fees, will be required.
22 The owner shall be responsible for making the premises
23 available for inspection by the City.
24 15.20.070 Temporary Certificate of Occupancy.
25 If the Building Official finds that no substantial hazard
26 will result from use or occupancy of any building or portion
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27 thereof, any structure or any vacant property, and upon a showing
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MC.,.670
1 of good cause by the owner, the Building Official may issue a
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temporary certificate of occupancy for up to 180 days.
When a
3 temporary certificate of occupancy is issued for more than thirty
4 (30) days, the Building Official shall require a cash bond
5 payable to the City in an amount equal to the cost of doing the
6 required work as determined by the Building Official.
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All buildings, structures and property annexed into the
8 City, and in use or occupied at the time of annexation, may be
9 issued a temporary certificate of occupancy for 180 days for the
10 purpose of achieving code compliance without the requirement of a
11 cash bond.
12 15.20.080 Revocation of Certificate of Occupancy.
13 The Building Official, in writing, may deny a certificate
14 of occupancy when it is determined that the building, structure,
15 or property is in violation of the codes. The Building Official,
16 in writing, may revoke a certificate of occupancy, when the
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17 certificate was issued in error or on false information supplied
by the applicant.
The certificate of occupancy is automatically
19 revoked when there is a change of use or occupancy
20 classification, when the building or structure has been vacant
21 for more than 180 days, or when alterations have been made to the
22 building, structure, or property which required permits.
23 15.20.090 Adoption of Rules and Procedures.
24 The Building Official shall promulgate written procedures,
25 rules, guidelines and fees pertaining to the implementation and
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enforcement of this chapter.
Such procedures, rules, guidelines
27 and fees shall not become effective until they have been approved
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1 by the Board of Building Commissioners.
2 15.20.100 Hearings.
3 Any person aggrieved by the denial, withholding or revoking
4 of a certificate of occupancy or temporary certificate of
5 occupancy by the Building Official may request a hearing in
6 writing before the Board of Building Commissioners at their
7 regularly scheduled meeting.
8 All decisions of the Board of Building Commissioners may be
9 appealed to the Mayor and Common Council in accordance with the
10 provisions of Chapter 2.64 of this code.
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11 15.20.110 Compliance After Adoption.
Owners of buildings, structures and property requiring a
13 certificate of occupancy under this chapter shall have 180 days
14 in which to comply, from the date of adoption of this chapter.
15 15.20.120 Connection/Disconnection of utilities.
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Buildings, structures or property shall be issued a
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17 certificate of occupancy or a temporary certificate of occupancy
prior to connection of public utilities.
The Building Official
19 may disconnect or order discontinuance of any utility service to
20 any buildings, structures or premises lacking a valid certificate
21 of occupancy or a valid temporary certificate of occupancy.
22 15.20.130 Voidable Transactions.
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24 contract to sell or lease, any bui lding, structure or unit
Any sale, exchange, conveyance, lease, rental agreement or
25 therein, lacking a valid certificate of occupancy or a valid
26 temporary certificate of occupancy is voidable at the sole option
27 of the purchaser, person contracting to purchase, lessee, tenant,
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1 their heir, assignee or trustee within one year after the date of
2 execution of said sale, exchange, conveyance, lease, rental
3 agreement or contract.
4 15.20.140 Violation.
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Any person who violates or causes the violation of any
6 provision of this chapter shall be deemed guilty of a
7 misdemeanor, which upon conviction thereof is punishable in
8 accordance with the provisions of Section 1.12.010 of this
9 code."
SECTION 2.
Chapter 19.70 and Section 15.04.090 of the San
11 Bernardino Municipal Code are hereby repealed.
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SECTION 3.
Section 19.50.070 of the San Bernardino
13 Municipal Code is hereby amended as follows:
14 "No conditional use permit for home occupations under
15 this Chapter nor Certificate of Occupancy under Chapter
16 15.20 of this Code shall be required for a business using
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17 the owner( s) or any partners home as its business address
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provided, 1) that there is no signage at the home address,
2) there are no building materials stored at the home
address, 3) that no manufacturing takes place at the home
address, and 4) that in the course of doing business, no
employees or customers appear at the home address to
transact business."
SECTION 4. Urgency.
This is an urgency ordinance which will become effective
immediately upon its adoption.
The reasons for the urgency are
27 that the need to provide a comprehensive Certificate of Occupancy
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MC-670
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procedure as well as the statutory ability to provide temporary
Certificates of Occupancy is essential to the immediate public
health and safety of the citizens, residents and property owners
of the City of San Bernardino, in that it will reduce confusion
and duplication and provide safer housing and places of business
for the citizens of the City and those doing business here.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the 17th
day of July
, 1989, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
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"
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.20 REQUIRING A CERTIFICATE OF OCCUPANCY, AND DECLARING THE
URGENCY THEREOF.
of
ilU/1
The foregoing ordinance is hereby approved this /9d. day
, 1989.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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