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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Glenn Baude
Subject: AN ORDINANCE OF THE
CITY OF SAN BERNARDINO
AMENDING SAN BERNARDINO
MUNICIPAL CODE SECTION
15.24.050 MAINTENANCE
REQUIREMENTS FOR MUL TI-
RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL PROPERTIES
Dept: Code comPlian~~ , ,. _ ".,: L
Date: November 15, 2002
MICC Meeting Date: 12/16/02
Synopsis of Previous Council Action:
September 18, 1989 ordinance MC-679 established section.
November 5, 2002 the ordinance was heard by the Legislative Review Committee, the
Committee approved moving it forward to the full Council.
Recommended Motion:
That said ordinance be laid over for final
adoption
.~./f~
Signature
Contact person: r.IAnn R~llrlA
Phone ::lAA-!'i?O!'i
Supporting data attached:
yes
Ward All
FUNDING REQUIREMENTS: Amount: none
Source:
Finance:
Council Notes:
Agenda Item I
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
An ordinance of the City of San Bernardino amending San Bernardino Municipal Code
Section 15.24.050, Maintenance Requirements for multi-residential, commercial and
industrial properties.
BACKGROUND:
The San Bernardino Municipal Code has two sections that set minimum standards tor the
maintenance of properties. Section 15.24.040 sets standards for residences and Section
15.24.050 sets standards for multi-residential, commercial and industrial properties.
The section covering residential properties makes it unlawful for any person owning,
renting, occupying or having charge of a residence, or any two-unit or three-unit
residence to violate this Code, so property owners and tenants are both responsible for
compliance. The commercial section, 15.24.050, makes it unlawful for property owners
to violate this section of the Code. It does not require tenants to comply.
Code Compliance has had situations arise where the tenant has caused the violation but
because of the language of this section we were unable to issue a citation to the tenant.
This change is particularly essential to implementation of the Business Improvement
Program. The initial contact Code Compliance will make will be with the business
owner, who is not necessarily the property owner. An inability to make the business
owner as well as the property owner responsible for the appearance of the business could
impair the effectiveness of the program. But it should be clear that this ordinance change
in no way implies that property owners are not ultimately responsible for correcting
violations on their property; it just makes tenants also responsible for correcting
violations within their control.
The ordinance change was presented to the Legislative Review Committee on November
5, 2002 and the Committee approved moving the item forward to the full Council with a
recommendation for approval. With that, we are recommending that Section 15.24.050
be amended to be consistent with Section 15.24.040, making it the responsibility of any
person owning, renting, occupying or having charge of any multi-residential, commercial
or industrial property to maintain the property in accordance with the minimum standards
of the Code.
In addition, Section 15.24.040 makes it unlawful to store inoperable or abandoned
vehicles on residential property unless they are safely stored in a garage or enclosed
storage area. in contrast, Section 15.24.050 does not make it unlawful to~tore inoperable
or abandoned vehicles on multi-residential, commercial or industrial properties. We are
recommending that Section 15.24.050 (5) be amended to prohibit storing of abandoned or
inoperable vehicles on multi-residential, commercial or industrial properties unless such
property is zoned and licensed as an automobile dismantler, or vehicle dealer.
The primary enforcement tool for these violations will be criminal citations.
FISCAL IMPACT
The proposed amendments to Municipal Code Section 15.24.050 would have no tinancial
impact.
RECOMMENDATION
That said ordinance be laid over for tinal reading and adoption.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO A"'IENDING SAN
BERNARDLI\iO MUNICIPAL CODE SECTION 15.24.050 MAINTENANCE
REQUIREMENTS FOR MULTI-RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL PROPERTIES.
THE MAYOR AND COtvllvl0N COUNCIL OF THE CITY OF SA..N BER.c"iARDDJO
ORDAIN AS FOLLOWS
SECTION 1. Section 1524.050 of the San Bernardino Municipal Code is amended to
read as follows
Section 1524.050 Maintenance requirements for multi-residential, commercial, and industrial
property.
Any person owning, renting, occupying, managing or otherwise having charge of any
multi-residentiaL commercial and industrial property shall maintain the property in accordance
with the following minimum standards. Failure to comply with these standards shall constitute
a violation of this Code.
A.
Exterior Requirements:
l.
All required setback abutting a public right-or-way, all side yards, all rear yards
and parking lots shall be landscaped (except for walks, driveways and improved
surfaces) with trees, shrubs, ground cover, decorative rock, redwood bark, and
or lawn. Where applicable, landscaping shall be in accordance with approved
plans.
Trees, shrubs, ground covers, lawn and other plantings shall be maintained,
including regular irrigation, pruning of trees, trimming of shrubs and cutting of
lawns.
Property shall be free of overgrown or dead vegetation, including but not limited
to weeds, trees or limbs. Weeds include weed seedlings, sagebrush, dry grass,
chaparral, and any other brush or vegetation which attains extensive growth and
becomes a fire menace when dry.
Property shall be free of trash, litter, debris, packing boxes, junk and salvage
materials (except where othervv'ise permitted by this Code) broken or inoperative
furniture, appliances, machinery and equipment and any other personal property
causing an unsightly appearance or nuisance.
All vehicles shall be parked or stored on an improved surface. Property shall be
free of inoperable or abandoned vehicles and parts of vehicles unless they are
being stored as a licensed automobile dismantler or vehicle dealer.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 15.24.059 MAINTENANCE
REQUIREMENTS FOR MULTI-RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL PROPERTIES.
6.
Recreation vehicles, motor homes, trailers, campers or camper shells and boats
shall be stored in designated, screened areas on improved surfaces None of the
above shall be occupied
All improvements on the property, including but not limited to buildings,
structures, storage areas, fences, windows, signs, roofs, and gutters shall be
painted/preserved and maintained in good repair and condition. Paint or
preservative shall not be worn, peeling or cracking.
Walkways on private property, driveways and all improved surfaces shall be
maintained in good repair and safe condition. Parking lot striping and
handicapped markings shall be maintained in good condition.
Buildings, structures, sidewalks, driveways and parking lots shall be free of
graffiti
Property shall be free from infestation of termites, insects, vermin or rodents.
Improved property shall be properly connected to a sewage disposal system or
sanitary sewer and free from sewage seepage.
Pools shall be securely fenced and adequately maintained as required by Code.
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B.
Interior Requirements
The interiors of all buildings and structures on the property, both existing and new, and all parts
thereof, shall be maintained in good repair and safe, sanitary condition in conformance with the
building codes under which it was built or remodeled and any retroactive codes.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTION 15.24.050 MAINTENANCE
REQUIREMENTS FOR MULTI-RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL PROPERTIES.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held on
the
day of
, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABST AIN
ABSENT
ESTRADA
LONGVILLE
MC GINNIS
DERRY
SUAREZ
ANDERSON
Me CAMMACK
Rachel G. Clark, City Clerk
2002.
The foregoing ordinance is hereby approved this
day of
Approved as to
form and legal content:
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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it . **fOR OFFICE USE ONLY - NOY, A PUBLlCDOCUHEHYu,c'
{:'~~i~?; _,) :-'>[~1~~~:; '-:;j:1~~~};< .,"__ -"':.'~~.S.Jft~,~~..:~.:....o.:'i
. . .' CITY OF SAN BERNARDINO :'CITY CLERK'S OFFICE ~"'~ "_C'''.' .
"-' , RECORDS & INFORMATION MJ\NAGEMENT PROGRAM
AGENDA ITEM TRACKING FORM
Meeting DatelDa(M~~t~;2 / ~ G "03 Item No. 9
Resolution/Ordinan'ce No, fiJ C - I( 3 (" Ordinance Urgency: Yes
Effective Date: ,-2 ~ t, . 0.3 Termination/Sunset Date:
Vote: Ayes: / - '7 Nays: .-&-
Abstain, .-8- Absent: .~
Date Sent to Mayor: /h /) -y;:.~ 71} /6 -:; Date Returned from Mayor:
, /
Date of Mayor's Signature: I /~/ 3
Date Summary Sent to Attorne/ I /7 1 () '3
I I -
I t3 0 ~
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Date of Clerk's Signature: ~/l/O '3
Date Summary Returned from Attorney:
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Date Published:
Meeting Type:
Continued FromlT
Date Seal Impressed:
..fl.
03
Date Sent for Signature:
Expiration Date:
Copies Distributed To:
To Whom:
ate Returned:_ -=.==
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Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Rem i nder Letter Sent:
Rem i nder Letter Sent:
Yes
No
Notes:
Ready to File:
Date:
DOCUMENT tOCA TlOt+.
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