HomeMy WebLinkAboutS02-City Attorney
, CITY OF SAN Bl!RNQlDINO ~I!QUEST .c.. ~CIL ACTION
.
From: James F. Penman, City Attorney
Su~~: Amendment to Resolution 90-117
regarding demolition of
Unreinforced Masonry Buildings.
Dept: City Attorney
Date: Hay 30, 1990 '.
Synopsi. of Previou. Council action:
City Council adopted Ordinance Hc-71B which amended San Bernardino
Muncipal Code Section 15.12.050 regarding a mitigation program for
URHS.
City Council adopted Resolution 90-117, procedures and time periods
for implementing a mitigation program for URHs.
The Legislative Review Committee directed the City Attorney to draft
an amendment to Resolution 90-117 to omit a clause requiring demo-
lition of unreinforced masonry buildings. The Legislative Review
Committee recommended that Council adopt such an amendment.
04/02/90 -
04/02/90
OS/24/90
Racommended motion:
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Adopt
Resolution.
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Sign~ture
S F. PENMAN, C~ty Attorney
Contact person:
James F. Penman, City Attorney
Phone: 384-5355
Supporting data attached: Staff report, Reso. Amendment Ward:
All \~ards
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No,)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No
s-~
. CITY OF SAN BERNCRDINO - REQUEST .0.. COUNCIL ACTION
STAFF REPORT
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SUBJECT:"'ndment to Resolution No. 90-117 regarding demolition
.iil. Unreinforced Masonry Buildings.
BACKGROUND:
04/02/90 City Council adopted Ordinance MC-718 which amended San
Bernardino Municipal Code Section 15.12.050 regarding a
mitigation program for Unreinforced Masonry Buildings.
04/02/90 City Council adopted Resolution No. 90-117, procedures
and time periods for implementing a mitigation program
for Unreinforced Masonry Buildings.
OS/24/90 The Legislative Review Committee directed the City
Attorney to draft an amendment to Resolution No. 90..117
to omit a clause requiring demolition of unreinforced
masonry buildings. The Legislative Review Committee
recommended that Council adopt such an amendment.
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DISCUSSION:
Resolution No. 90-117 currently requires that owners~of
unreinforced masonry buildings (URMs) must make their buildings
structurally safe and earthquake resistant or else they must
demolish their buildings by September 1, 1991. This Resolution
should be amended to eliminate the requirement that URMs be
demolished by September 1, 1991.
State law does not require the demolition of all URMs.
Chapter 12.2 of the California Government Code, entitled
"Building Earthquake Safety" (Sections 8875 et seq.), states that
URMs are "potentially hazardous buildings" and only requires that
cities identify URMs and establish a mitigation program which
must include notification to owners of URM buildings. The
mitigation program may include, but is not required to include,
measures to strengthen the buildings, measures to change the use
to acceptable occupancy levels or to demolish the building, tax
incentives for seismic rehabilitation, and other incentives to
repair the buildings.
State and Federal Constitutional and case law, require that
absent exigent circumstances, property cannot be taken without
due process notice and hearing. This rule applies to the
demolition of a building. The City's current ordinances require
notice and a public hearing before the City can demolish a
building unless there exists an immediate hazard to life or
property.
Resolution No. 90-117 should be amended to eliminate the
requirement that URMs be summarily demolished by September 1,
1991. The Legislative Review Committee at its meeting on May 24,
HE/dys/staffrpt
May 30, 1990
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75-0264
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1990, reaemmended that the Mayor and Common Counc~l adopt th~s
amendment_- the Reso1ut~on.
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Th~.~~tem ~s placed on the Mayor and Common Counc~l
Supplemental Agenda because the Legislative Review Committee's
action occurred after the Regular Agenda deadline for the June 4,
1990 Mayor and Common Council meeting.
Attached after the proposed resolution is a copy of
Reso1ut~on No. 90-117 with strike-outs noted for the two clauses
proposed for deletion; and a copy of Ordinance MC-718 for
informational purposes.
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HE/dys/staffrpt
May 30, 1990
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RESOLUTION NO.
2 RBSOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLQ~ION NO. 90-117, AND ELIMINATING THE REQUIREMENT THAT
3 UNREINPORCED MASONRY BUILDINGS BE DEMOLISHED BY SEPTEMBER 1,
1991.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 Resolution No. 90-117 is hereby amended as follows:
7
SECTION 1.
Page 2, lines 16 and 17 are amended to
8 eliminate the following:
9 "or to demolish their buildings"
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SECTION 2.
Page 3, lines 12-14 are amended to eliminate
11 the following:
~
12 "or the owners shall obtain permits fol
demolition of the buildings,. said demolition to bi
13 completed by September 1, 1991"
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of
16 San Bernardino at a meeting thereof, held on the
17 day of , 1990, by the following vote, to wit:
18
Council Members:
AYES
NAYS
ABSTAIN
19 ESTRADA
20 REILLY
21 FLORES
22 MAUDSLEY
23 MINOR
24 POPE-LUDLAM
25 MILLER
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City Clerk
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HE/dys/urms.res
May 30, 1990
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1 RESOLUTION...AMENDING RESOLUTION NO. 90-117, AND ELIMINATING THE
REQUIREMENT THAT UNREINFORCED MASONRY BUILDINGS BE DEMOLISHED BY
2 SEPTEMBER 1, 1991.
3
4
The foregoing resolution is hereby approved this
day
of
, 1990.
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6
W. R. Holcomb, Mayor
7 City of San Bernardino
8 Approved as to
form and legal content:
9
JAMES F. PENMAN,
10 City Attorney
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May 30, 1990
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,RESOLUTION NO. 90-117
~. SOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING
"" AND TIME PERIODS FOR IMPLEMENTING A MITIGATION PROGRAM
rea . NPQRCID MASONRY BUILDINGS.
WHEREAS, the City of San Bernardino is located on and to
the southeast of the intersection of the San Andre.s and the San
Jacinto earthquake faults, and
WHEREAS, the City of San Bernardino is located within
seismic zone 4 as defined in Chapter 2-23 of Part 2 of Title 24
of the California Administrative Code, and
WHEREAS, Sections 8875.1 of the California
. ~:
requires all cities within a seismic zone" to. 1~, ',~l
'~"<
::::::.::0:, ::::.::: ::::":':y Josuery 1, U.." rt.
WHEREAS, the City has identified all unreinfacc" .a8onry
buildings in the City of San Bernardino in an Unreinforced
Masonry Building Survey performed by cOE Engineering and on file
with the City Clerk, and
WHEREAS, Chapter 15.12 of the San Bernardino Municipal Code
sets forth the structural standards for evaluating and
structurally upgrading unreinforced masonry buildings, and
WHEREAS, the City of San Bernardino, in an effort to
eliminate unsafe, unrein forced masonry buildings and to reduce
the potential loss of life and property damage caused by a major
earthquake, needs to establish a mitigation program,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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Mitigation Program for Unreinforced Maaonry
Buildings
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iIr, accordance with Chapter 15.12 of the San Bernardino
MuniC~ Code, the following procedures and ti~e frame is
SECTION 1.
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established for mitigation of unreinforced masonry buildings.
A. The Building Official shall notify by mail the owners
of all unreinforced masonry buildings in the City of San
Bernardino as identified by the Unreinforced Masonry Building
Survey dated January 31, 1990, (hereinafter called "Survey")
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conducted by EQE Engineering.
following:
The notice shall .tate the
.;....
~'..~.:; ,,':;';':'::~:~~r.,'~f.:.t.e~.~~~~
\(...,
( 1)
a building they own has been i"'~if~.
unreinforced masonry by the Survey:
.s owner of .n unreinforce. ...oary ""~
^,'" '
'a.
(2)
they
have the responsibility to make their buildings
structurally safe and earthquake resistant pt/ /tiel
/&irricNjJ!!fri /tfrI.f!/jJr/ !r/1JjIJ/CljJrtrjlj:
(3) the time deadlines for compliance with the mitigation
program: and
(4) the owner's have a right to appeal to the Board of
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Building Commissioner's for good cause within 15 days
of the notice.
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B. The following time limits are established to
accomplish the Unrein forced Masonry Building Mitigation Program:
(1) By May 15, 1990, a notice shall be sent by the
Building Official to all owners of unreinforced
masonry buildings at the last known address on the tax
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assessment records.
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( 2 )
By November 15, 1990, ~h. C~ty'. Plann~ng and BU~l~
Serv~ces Depar~en~ shall be no~~f~e4 ~n wr~~~ng by
~he owners of unre~nforced masonry bu~ld~ngs, of ~h.
name of the California licensed civil or structural
....,...'
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engineer that they hired to do a detailed structural
analysis for ~he purpose of determining the magnitude
or severi~y of the structural deficiencie..
(3) By June 15, 1991, the owners of unreinforced masonry
buildings shall submit structural plans to the City's
Depar~ment of Planning and Buildi... Service.,
indicating how the structural def~ wi11 b.
correc~ed I/Jtl fc1t1f1 I fJ'11N!fr/fj 1.-"'/W!I19~~"~""11l*~
fcYettricIJIWWrt Irf;t I t'Ml !#jfJlr1.tv..9.!.IIS;.f.~/."'~fnI61k !ti9
Ic#rrIrNfItI.~ IW ~f/{ft/rPfcI.1/ IJI /1117'11/.+ .
(4) By October 1, 1992, the owners of unreinforced masonry
buildings shall have completed all structural
al~erations and repairs pursuant to approved plans.
C. Extensions of the above time limits may be granted by
~he Board of Building Commissioners if requested prior to the
deadline and for good cause as determined by the Board. No
extension of time shall exceed one year.
SECTION 2.
Public Meetings.
The Department of Planning and Building Services shall hold
at least two public mee~ings prior to May 30, 1990, for the
purpose of informing and answering questions concerning
unreinforced masonry buildings.
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SECTIQN 3.
Vacant Bu~ld~nq..
t- .- e.tablishment ot Unre~ntorced Masonry Bu~ldlng
~ OD Program shall not prevent the C~ty from enforcing City
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Codes against the owner's of an unreinforced masonry building
when the building has been vacant for more than 180 days, or, is
vacant, open and apparently abandoned, or constitutes an urgent
public nuisance.
Enforcement.
SECTION 4.
The Building Official or his representative is authorized
to take enforcement action against the owner of ~:"'1~
masonry building who fails to comply with the abo~::Jk~~ln
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accordance with Section i5.i2.050 of the Sen .~~i
Code.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOP~ING
PROCEDURES AND TIME PERIODS FOR IMPLEMENTING A MITIGATION PBOGaAM
_ INFORCEO MASONRY BUILDINGS.
" ,HE_EBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernar~no at a r_g>" ar
meeting thereof, held on the 2..<11
day of April
COuncil Members:
, 1990, by the following vote, to wit:
ABS'l'AIN
NAYS
AYES
ES'l'RADA
x
REILLY
x
FLORES
..~. . ''i''.~_
." ", $~,
0.,::" _ X'.
- "~
,~
,~
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
MILLER
x
~/,.1'd~
~~k
of
~/~./ day
The foregoing resolution
Aoril
, 1990.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
:1 >J
By: ~..,... r t -"Yl....._
()
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'--./
ORDINANCE NO. MC-718
';"e'" INANCE OF THE CITY OF SAN BBRNARDINO AMENDING SECTION
1~., 50 OF THE SAN BBRNARDINO MUNICIPAL CODB RBGARDING
NI'fI,ON PROGRAM FOR UNRBINFORCED MASONRY BUILDINGS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 15.12.050 of the San Bernardino
Municipal Code is amended as follows:
"15.12.050. Mitigation progr.. - General Requir.-.nts.
A. The owner of each building within the scope of this
chapter which is within C1as8ificationa I, II, Il~;end"'J~~d
said building has been vacant or unoccupied fo~~oa.i" hed
"'; . .'~:>;.'~t
:::;;;:::::::::::::::=;::::::C:: ::,:::::::::::"tf
Engineering and on file with the City Clerk, shall obtain a
structural analysis of the building by a civil or structural
engineer licensed by the State of California for the purpose of
determining the magnitude or severity of the structural
deficiencies.
B. The owner of any building which fails to meet the
minimum earthquake standards as specified' in this chapter, as
shown in the structural analysis or as determined by the Building
Official, shall submit structural plans for upgrading the
building to the Department of Planning and Building Services for
its review and approval. Upon approval of the Plans, the owner
shall obtain all necessary permits and make the required
structural alterations and repairs.
The owner may instead
demolish the building upon receiving the required City permits
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and appro~a1 by the H~stor~c Pre.ervat~on Task porc., ~f
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The D~rector of P1~ng and Bui1d~ng Serv~ces shall
propose wr~tten procedure., regulation., gu~de1~ne., ti.e
per~od8 for comp1~ance and fee. perta~n1ng to ~mp1eaentat~on of a
mitigation program.
Such procedurea. regulation., guideline.,
time per~ods and fees shall not be effective unt~l appr~ed by
the Mayor and Common Council.
D. Any ~nterested per.on aggrieved by the de~iOn
..'~'. ....>
of the Building Off~c~a1, the D~rector of Pl~~:~;'171.~
Serv~ces or the~r representative. may file a .ritt~'~~"~<tor
a hear~ng before the Board of Building C~t..ioner. ~15
days after the date of the action or deci.ion oth.~"*
determ~nat~on ~s f~na1. All orders of the Board o~ Building
Comm~ss~oners regard~ng unre~nforced masonry buildings shall be
final unless appealed within fifteen (15) days to the Mayor and
Common Counc~l pursuant to Sect~on 2.6. of the San Bernardino
Mun~c~pa1 Code.
E. After any order or determ~nat~on has been made by a
City Off~c~al, the Board of Bui1d~ng Comm~ss~oners or the Mayor
and Common Counc~l pursuant to th~s chapter, ~t ~s unlawful for
any person to fa~l, to neglect or to refuse to obey any such
order or determ~nat~on.
Fa~lure to comply w~th such order or
determ~nat~on is a misdemeanor or an ~nfraction, which upon
conviction thereof is punishable in accordance with the
provisions of Section 1.12.010 of this Code, in addition to any
other civil or administrative remedies provided by law. Each day
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ORDI.N6NCE OF THB CITY OF SAN BBRNAJU)INO AMBNDING SIIC'l'ION
15.:-=,0" ~ THB SAN BBRNARDINO MUNICIPAL CODB RBGARDING
la'll, ' PIKlGRAM FOR UNRBINFORCBD MASONRY BUILDINGS.
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of lienee shall cons~i~u~e a separa~e viola~ion.
F. If, af~er any order or de~ermina~ion by a Ci~
Official or ~he Board of Building C~1ssioners, made pur8Uan~ ~o
~is chap~er becomes final, and ~e person ~o w~ such order or
de~era1na~ion is direc~ed fails, neglec~. or refuse. ~ obey, ~e
Board of Building Commissioners may direc~ ~e Building Official
~o aba~e such public nuisance and lien ~he 8UbjeC~~&~:~~Jfor
expenses."' ,~~",,t: .
. '1''''''':,': ..,i,~ ~,~
I HEREBY CERTIFY that ~he foregoing ordi~" ' '4ra1Y
adop~ed by the Mayor and Common Council of ~h..'Cl1ly
Bernardino at a rellUlar
meeting ~hereof, held on
day of April
, 1990, by the following vo~e, ~o wit:
Council Members:
AYES
X
NAYS
ABSTAIN
ESTRADA
REILLY
X
FLORES
X
MAUDSLEY
X
MINOR
x
POPE-LUDLAM
MILLO
X
~~~
City Clerk
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"- .4-
ORD:IN~NCE OF THE C:ITY OF SAN BBRNARD:INO AMEND:ING SBCUON
1'.~...5~ OF THE SAN BBRNARD:INO MUN:IC:IPAL CODB REGARD:ING
_.,~. . PROGRAM FOR UNRB:INPORCBD MASONRY BU:ILD:INGS.
.'i ."". foregoing ordinance is hereby approved this 2nd day
of April
, 1990.
1 , r
San Bernardino
Approved as to form
and legal content:
JAMBS F. PENMAN,
City Attorney
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