HomeMy WebLinkAboutMC-531
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ORDINANCE NO. Me-531
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.68 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO THE
MOVING OF BUILDINGS IN THE CITY OF SAN BERNARDINO, AND REPEALING
SECTION 19.68.050.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 19.68.010 of the San Bernardino
7 Municipal Code is amended to read:
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"19.68.010 Conditional use permit required.
It is unlawful to move any building or structure, including
10 factory-built and manufactured housing, to any lot or parcel in
II the City without first petitioning for and obtaining a
conditional use permit from the Mayor and Common Council."
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SECTION 2. Section 19.68.060 of the San Bernardino
14 Municipal Code is amended to read:
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"19.68.060 Hearing on petition and notice thereof.
A. The Planning Commission shall hold at least one public
17 hearing on the matters referred to in petitions for conditional
18 use permits not more than forty-five days after the petition is
19 received and formally accepted as complete by the Planning
20 Department. The Planning Department shall acknowledge the
21 acceptance or rejection of a petition for conditional use permit,
22 based upon the completeness of said petition, within a period of
23 not to exceed five working days.
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B. Notice of the time and place of the hearing, including a
25 general description of the matter to be considered and a general
26 description of the property for which the conditional use permit
27 is proposed, shall be given at least ten days before the hearing,
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I in the following manner:
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1. The notice shall be published at least once in a
3 newspaper of general circulation published and circulated in the
4 City.
5 2. The notice shall be mailed or delivered to all
6 persons, including businesses, corporations, or other public or
7 private entities shown on the last equalized assessment roll as
8 owning real property within five hundred feet of the property
9 which is the subject of the proposed conditional use permit.
10 C. Upon substantial compliance with Paragraphs 1 and 2 of
II Subsection B above, the failure of any person to receive the
notice required by this section shall not invalidate any action
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taken."
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SECTION 3. Section 19.68.065 of the San Bernardino
15 Municipal Code is amended to read:
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"19.68.065 Referral to Mayor and Common Council.
All decisions of the Planning Commission either denying or
18 authorizing the issuance of a permit under this chapter shall be
19 forwarded to the Mayor and Common Council and shall be subject to
20 review and approval of the Mayor and Common Council. No decision
21 shall become final until the Mayor and Common Council has taken
22 action on the application."
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SECTION 4. Section 19.68.070 is added to the San Bernardino
24 Municipal Code to read:
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"19.68.070 Conditions to use.
All construction under a conditional use permit for a
uilding moving permit shall be completed within one hundred
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twenty days from the date of issuance of the building permit."
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SECTION 5. Section 19.68.100 of the San Bernardino
3 Municipal Code is amended to read:
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"19.68.100 Issuance of permit - Bonds.
A. Before a building permit for a move-on building is
issued, the applicant (petitioner) shall deposit with the
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Planning Department, or with a responsible bank or trust company
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8 at the option of the City, time certificates of deposit in the
name of the City, or a power of attorney and assignment and
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10 delivery to the City of a time certificate of deposit, a deposit
of money or negotiable bonds or an approved instrument of credit
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or other security from a financial institution pledging that the
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13 necessary funds are on deposit and guaranteed for payment, as
14 security to guarantee the faithful performance and completion of
the terms and conditions of the permit, in an amount at least
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equal to the estimated cost necessary to cover such faithful
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performance, but in no case less than the sum of ten thousand
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dollars. All interest accrued by the security instrument shall
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be paid to the City of San Bernardino prior to the return or
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20 release to the depositor. The principal of said funds shall be
21 returned or released to the depositor within ten days following
the date upon which full compliance with all such terms and
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23 conditions is established.
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B. Construction shall be completed within one hundred
25 twenty days of the issuance of the building permit.
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C. If construction is not completed within one hundred
twenty days, there shall be a penalty of twenty five dollars per
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day for each day, not to exceed five hundred dollars, until a
certificate of occupancy is issued.
Furthermore, the bond,
deposit, instrument or other approved security posted pursuant to
Subsection A above may be forfeited after a ten day notice is
mailed to the applicant and a hearing held before the Mayor and
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Common Council.
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D. If construction is not completed within one hundred
forty days, both the building permit and the conditional use
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permit shall become null and void.
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E. If construction is not completed within one hundred
forty days, the City may commence abatement proceedings without
notice or hearing. The applicant shall sign a written agreement
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accepting the conditions in Subsection D and E."
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SECTION 6. Section 19.68.120 of the San Bernardino
Municipal Code is amended to read:
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"19.68.120 Exemption.
Manufactured housing being moved to a site inside an
approved mobile home park or subdivision shall be exempt from the
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19 provisions of this Chapter. It is not the intent of this Chapter
to conflict with Title 25 of the Administrative Code of the State
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of California; all provisions of this Chapter shall be
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interpreted in such a way as to be consistent with Title 25."
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SECTION 7. Section 19.68.050 of the San Bernardino
24 Municipal Code is hereby repealed.
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a
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reqular
meeting thereof, held on
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1 the 21st day of
2 following vote, to wit:
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Julv
, 1986, by the
AYES:
Council Members Estrada, Rpilly Hernandez.
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
-##/1l4/~1t/
,/ City Clerk
of
The foregoing
July
ordinance is hereby approved this 22nd day
Approved as to form:
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16 'Citi A torney
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, 1986.
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Mayor of
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the City of
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San 'Bernardino