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HomeMy WebLinkAbout42-Planning and Building 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND REPLACING CHAPTER 15.37 OF THE SAN BERNARDINO MUNICIPAL CODE; ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.37 of the San Bernardino Municipal Code is amended to read as follows: " CHAPTER 15.37 HISTORIC BUILDING DEMOLITION ORDINANCE 15.32.010 Definitions. For the purpose of carrying out the intent of this Chapter, the words, phrases and terms set forth herein shall be deemed to have the meaning ascribed to them in this Chapter. a. Building - Any structure having a roof and walls built and maintained to shelter human activity or property. b. Demolition -To~estroy any building or structure so that it is no longer standing or functional. c. Structure - (1) Any structure having a roof and walls built and maintained to shelter human activity or property; or, ( 2 ) A work made up of independent and interrelated parts that performs a primary function unrelated to human shelter. 15.37.020 Demolition Prohibited. No building or structure fifty (50) years old or older shall be demolished unless a valid Demolition Permit ha~ been issued in accordance with this Chapter. HE: js[Urgency. Ord] 1 May 4, 1992 47 o o 1 15.37.030 Dangerous Buildings Exempted. The demoiition of 2 any building or structure fifty (50) years old or older shall be 3 exempt from the provisions of this Chapter if findings have been 4 made by the Board of Building Commissioners or the Building 5 Official pursuant to other provisions of the Municipal Code 6 declaring that the building or structure is either a public 7 nuisance or a dangerous building. In such instances, a Demolition 8 Permit may be issued in accordance with all other City ordinances 9 and requirements. 10 15.37.040 Review Process. 11 a. No Demolition Permit shall be issued to demolish any 12 building or structure listed in the California Register of Points 13 of Historical Interest or listed in any other state or Federal 14 listing of equal or greater level of historical significance 15 without the approval of the Common Council. 16 b. Upon submittal of an application by the property owner, 17 the Director of Planning and Building Services shall determine 18 whether to issue a Demolition Permit for any building or structure 19 not listed in the California Register of Points of Historical 20 Interest or listed in any other State or Federal listing of equal 21 or greater level of historical significance. 22 c. Demolition Permits shall become effective sixteen days 23 following the final date of approval by the Director unless an 24 appeal to the Council has been filed pursuant to Chapter 2.64, 25 which shall stay the issuance of the Demolition Permit until after 26 the Appeal is decided. 27 15.37.050 Penalty. Any person, firm or corporation, 28 whether as principal, agent, employee, or otherwise, violating or HE:js[Urgency.Ord] 2 May 4, 1992 o o 1 2 8 4 5 6 7 8 9 10 11 12 18 14 15 16 17 18 19 20 21 22 28 24 25 26 27 28 causing the vioJ.ation of any of the provisions of this Chapter is guiJ.ty of a misdemeanor, which upon conviction thereof is punishabJ.e in accordance with the provisions of Sections J..J.2.0J.0 and 1. J.2. 020 of this Code in addition to any other ci viJ. or administrative remedies. 15.37.070 Fees. Upon submi ttaJ. of a DemoJ.i tion Permit AppJ.ication to the PJ.anning and BuiJ.ding Services Department, the appJ.icant shaJ.J. pay aJ.J. appJ.icabJ.e PJ.anning Division fees as adopted by the Mayor and Common CounciJ. for an InitiaJ. Study and for the PJ.anning Commission review. The appJ.icant shalJ. pay alJ. required BuiJ.ding Safety Division fees as adopted by the Mayor and Common CounciJ. prior to issuance of a DemoJ.ition Permit. SECTION 2. Urgency. There are wi thin the downtown area and other areas of the City oJ.der buiJ.dings with virtuaJ.J.y no historicaJ. significance, but because of their mere age, must, pursuant to current ordinances, be considered for preservation. This resuJ.ts in an ever increasing number of oJ.der, deteriorating, empty buiJ.dings within the City causing bJ.ight to the surrounding areas, attracting vagrants, providing a haven for drug deaJ.ing and gang activity, and providing an easy target for graffiti and vandaJ.ism. It is essentiaJ. that truJ.y historicaJ.J.y significant structures be preserved for the benefit of our society and cuJ.ture, but it is aJ.so essentiaJ. that bJ.ighting infJ.uences be removed as soon as possibJ.e to aJ.J.ow the rehabiJ.i tation and redevelopment of our City, to support the public heaJ.th, safety and cuJ.ture. For this reason it is necessary that this ordinance take effect immediateJ.y upon adoption. III HE:js[Urgency.Ord] 3 May 4, 1992 . o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN URGENCY ORDJ:NANCE 9F THE CJ:TY OF SAN BERNARDJ:NO "AMENDJ:NG AND REPLACJ:NG CHAPTER 15.37 OF THE SAN BERNARDJ:NO MUNJ:CIPAL CODE; ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVJ:EW OF DEMOLITION PERMIT APPLICATJ:ONS FOR POTENTIALLY HISTORIC BUILDINGS AND STRUCTURES. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1992, by the following vote, to wit: day of NAYS ABSTAIN ABSENT Council Members: AYES ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1992. w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By:L1.k (l HE:js[Urgency.Ord] 4 May 4, 1992