HomeMy WebLinkAboutMC-177
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ORDINr.NCE NO.
?lC 177
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OFZDINh.NCE or THE CITY OF Sl\N- BERNARGINO AhENDING ChAPTER
115.28 OF TilE SAN BERNARDINO ~'IUhICI [,AL CODE TO F!ZtJVIDE FOE HEARINGS
ION COSTS OF NUISANCE ABATe:HENT !lx TuE !lOAFD OF' BUILDING
COWlISSIONLRS AND CONFH.l-11ITION BY TLE i.rAYOR AND CmU'lON COUNCIL; I'll
PRCVIDE FOR Z\N 1\_PPEI~.L TO TEL DCjll.fU) UF BUILDING cor,-UiIISSIONERS ON
1'1.1 SECURING OF' DI\NGEROUS BUILDINGS AND FOR ASSEssrmNT OF COSTS;
TO PROVIDL FOR A HEARIlJG BY ThE BOARD OF BUILDING COlvjiHSSIONERS 01,
rrl-lL ASSESSl'lENT' OF COS1'S F'OR SUi-"JJ:.tARY l\BA'rEI',H...NTS; AND hEPLll...LING
SLCTION 15.28.130 PROVILH,G FOR h HEARING BY COUNCIL ON
l\LSESSMEl~TS FOR NUISANcr: AB1\.TEL-lENT.
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THE LilYOR AND cm'lt!ON COUNCIL OF' TilE CITY OF SAN bE:HNARLINO DO
8 OhDl\IN liS FOLDOl,S:
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SECTION 1.
Section 15.28.080 of the San Bernardino l"lunicipal
10 Code is ameilded to read:
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IIIn the event the public nuisance is abated by the O\:Jner
]2 wi tbin the time prescribed by the Board of Building COEHilissioners
13 or prior to its hearing. but subsequent to the tim8 limits allowed
14 by the building official in his notice as provided in Sections
]5 15. 2b. U20 through 15 ~ 28.040 and the incurring of expenses by t.he
16 building official. including the costs of the title search and
]7 adLlinistra ti ve, overhead and incidental expenses I the eoarc1 of
18 Building Commissi.oners !'lay proceed with the noticed hearing to
19 deLerr,line whether such expenses and other related costs shal I be
20 n1a<.:te a lien on -the lot or land upon which the buildin/; .was located
21 anc.i. become a r1.ebt o\eleo to the City by the o\'.;uer. The hearing
22 before the L~c.ard of Building Commissioners and subsequent
23 proceedings and procedures shall be pursuant to the procedures set
24 forth in Chapter 3.68."
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S:LC'lION 2.
Section 15.28.110 of the San Bernardino Municipal
26 Cooe is amended to read:
27 "The Street Superintendent shall maintain and keep an
28 it(~Llized stateLlent of all expenses involved in the razin9,
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1 dernolishing and rellloving of such building (Hld related
2 adrr,inistrative, inciderltaJ. and overhead eXllenses of the City
3 including, but not limited to, the costs of inspections of the
4 property, engineering reviews and studies, a preliwinary title
5 S2clrCfl of the prof.'erty and items of expense required to prepare
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the matter for }Jearing, \~iether or not such hearing is held. The
I Street Superintendent shall fcrthvli th initiate proceedings under
I Chapter 3.GB for deten"ination and collection of the assessment
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9 for costs of abatenlent."
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SECTION 3.
Section 15.28.140 of the San Bernardino Municipal
II Code is amended to read:
12 "In addition to the procedures provi<led for abatement of
13 nuisances caused by dangerous and hazardous structures as set
14 forth in this chapter, the building official or his representative
15 is given sULlmary power to secure frOlll entry any structure which in
16 his discretion he determines to be iwoediately dangerous cr
17 hazardous, or in any other mdnner injurious to public health or
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s~rety.
The buildirFJ official lLlay secure such structures using
19 methods at his discretion to accomplish the purpose v,hich are most
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apl;ropriate under the circumstances.
The building official shall
21 also post a sign stating in effect 'DANGER, DO NOT ENTER' upon the
22 st.ructure in at least one conspicuous place, with the word
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'DANGER' in letters at least one inch in height.
The building
24 official shall imlilediately after such action mail notice to the
2S owners of the real property upon which the structure is located to
26 the address on the latest equalized assessment rolls, or, if no
27 address is so shown, to the address of the property or as may be
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knuwn bv the building official.
Such notice shall contain the
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(1) that he has secured the structure;
(2 )
following information:
the cost incurred by the City thereby; (3) that he has posted
S 19ns as provided by this section; (4) the rea.sons why" he has
taken the action; (5) th"t an appe"l may be made wi thin ten days
to the Board of Building Commissioners to be set for hearing at
the next regular neeting; (6) that if his action is not annulled
by the Board of Building Cor~nissioners, the cost of securing the
property shall become a lien upon the real property unless the
cost is paid to the City within thirty days of the mailing of the
notice.
The notice of appeal to the Board of Building
COL:1:1issioners must be verified under oath or under penalty of
perjury and must state the grounds upon which the action of the
bu:ilding official is appealed.
The Board of Building
14 Cor'~Llissioners shall hear any evidence or other relevant matters
15 presented by the appellant or the building offioial at its next
J6 re<,ular meetinCj after the filing of the notice of appeal. After
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ti8c<.ring all evidence or upon "the report of the building official
if no appeal is rilade, the board of Building COEiIllissioners may
CO} firm, artLend, or annul the action of the building official. If
the action of the building official is annulled, the City at its
own expense shall remove anj' instrurnents used to secure the
structure a.nd any signs stating that the building is unsafe to
enter.
If the Board of Bu.ilding COEirnissioners confirms the action
of the building official in securing the structure, then the costs
incurred by the City in securing the structure shall become a
special assessment and lien against the property to be det.ermined
ane; collected in accordance v,fith t_he procedures set forth in
Chapter 3.68."
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SECTION 4.
Section 15.28.150 of the San Bernardino Municipal
2 Code is amended to read:
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"'The same procedures provided in Section 15.28.140 for
4 abating nu~sances througb securing from entry any st_ructure wliich
5 is determined by the building official to be ir,unec1iately dangerous
6 or hazardous may be used by the building official in connection
7 with the SUI:1I:lary abaterJent of 2-11 other nuisances upon private
8 property which the building official determines in his discretion
9 to constitute an imcisdiately Jangerous or hazardous condition.
10 The building official or his representative !tiay then sUll.narily
11 abi,te such nuisances in his discretion in the most appropriate
12 manner under the circumstances I which Hia):, inel ude, but not be
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linited to, the follo"'Jing methods:
fencing, draining water from
14 sWlmrning pools and filling with appropriate ballast, rew.oving fire
15 hazards, filling or covering open holes and grading or
16 strenqt1iening landfills or excavations. Although the wanner and
17 method used by the building official shall be at his discretion,
18 he: shall, in making his determinations, seek the nost cconoLlical
19 mei..:.hod and endeavor not to place an undue economic hardship upon
20 the o\V'ners of the property, using only those measures \'lhich will
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e1 imina te the dangerous and haZ2..i.rdous conditions.
TIle building
22 official shall immediately after SUell abatement action peail notice
23 to the owners as provided in Section 15.2(3.140 (I) setting forth
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24 the action he has taken; (2) the cost thereby incurred by the
25 City; (3) the reasons "lhy he has taken the action; (4) that an
26 appeal may be taken wi thin ten days to the Board of Building
27 COLllCiissioners as provided in Section 15.28.140; and (5) that if
28 hib action is not annulled by the Board of Building Conunissioners,
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1 the cost of abatins the nuisance on the property shall becoiTlP a
2 special assessment and lien on the real property unless the cost
3 is paid to the City v"ritl1in thirty days of the mailing of the
4 nOLice. The prOCedUI€S ti.ereunder for aJ?peal, hearing, and any
5 otn.er actions sliall t,(~ ,:-~b prov ideo in Chapter 3.68 for
6 deterTLlination and collection of the asseSSI;lent for costs or
7 abaternent. II
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SBC'J1rON 5.
Section 15.28.130 or the San Bernardino Eunicipa1
9 Code is hereby repealed.
10 I HEREBY CERTIFY that the foregoing ordinance was duly
11 adopted by the Mayor and Cowrllon Council of the City of San
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Bernardino Zlt a
reqular
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the
6th
July
day of
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l"iYLS:
Council [\'lemhers
nleeting thereof, held on
1982, by the follmJing vote,
Castaneda. RAilly,
HprnAnil~'7.
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Botts, Quiel, Hobbs
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NAYS:
None
Council Member Strickler
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ABSENT:
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The foregoing
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, 1981.
ordinance
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of
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Approved as to foro:
~f/A1'Jfe
City], orney
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~,tt,J?tZI a1b
./ City Clerk
is
San bernarciino
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