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HomeMy WebLinkAbout04-Building and Safety a -- -- CITY OF SAN BERARDINO - REQUEST ~R COUNCIL ACTION From: Larry E. Reed, Director Building and Safety Subject: Ordinance of City of San Bernardino adding Chapter 15.20 requiring a Certificate of Occupancy Dept: Date: Synopsis of Prsvious Council action: None. (Ordinance is based on direction from the Mayor and Council) Recommended motion: That the Ordinance adding Chapter 15.20 requiring a Certificate of Occupancy be waived and be laid over for final passage. Copies: Marshal Julian, City Administrator Jim Richardson, Deputy Adminjstrator Jim Penman, City Attorney ~, r- ~./ Sig ure Contlct penon: La rry E. Reed Supporting dlta 8ttlchld: staff report Phon8: 714-384-3351 Wlrd: (entire council) FUNDING REQUIREMENTS: Amount: none Source: (ACCT. NO.) (ACCT. DESCRIPTION) Flnlncs: Council Notel: ^ ..........,,1- 1.__ ~I_ i.I -4 _ L L1 tILL _ . we. CITY OF SAN BERriRDINO - REQUEST ~R COUNCIL ACTION STAFF REPORT The proposed certificate of Occupancy Ordinance addresses three areas of concern identified by the Mayor and Council. 1. to make the certificate of understandable and reasonable. Occupancy regulation more 2. provide more regulatory enforcement opportunities in the area of housing. 3. remove the Department of Building and Safety out of the business of making unnecessary inspections. This ordinance for the first time defines the difference between occupant and occupancy. These two terms although totally different were thought to be the same by the public and in some cases, by city Staff. This ordinance also provides for the first time the authority to issue temporary Certificates of Occupancy, gives (newly) annexed structures 180 days to upgrade to minimum city standards and provide for the Department of Building and Safety to establish policies and procedures for carrying out the ordinance upon review and approval by the Board of Building commissioners. Second, the ordinance requires all buildings defined by the uniform building code as mUlti-family residential buildings (R-1 occupancy classification) to obtain an updated certificate of Occupancy every four years. This is a new requirement in addition to requiring a certificate of Occupancy for buildings in the following instances: 1. prior to move-in at the end of the building permit construction process. 2. when vacant more than 180 days 3. building alterations, including additions requiring permits Third, the Department of Building and Safety will no longer need to inspect buildings to issue a new Certificate of Occupancy based upon a change of building or business ownership. It is important to note that these changes do not change the Business Licensing requirements. Also, tenant businesses like beauty parlors, attorneys offices, etc. to obtain a "Mini Certificate of Occupancy" will only need a fire inspection when the building has a valid Certificate of Occupancy and the tenant business is a use which falls within the broad occupancy classification under which the building was built. These proposed changes are significant. The first year will not be without it's share of problems including citizen complaints. Change is 75.0264 - JW .- .1 JII1 II o o always difficult. This, coupled with the lack of space and poor condition of Department of Building and Safety's records will mean for some certificate of Occupancy applicants the process will continue to be slow where there are no records and a field inspection will need to be made. (The reorganization of the Department of Building and Safety files as funded by the Council in FY 1989 is only 1/3 complete.) The staff believes these changes, sets the correct department priorities will allow staff to spend more time on eliminating the city's blighting influences. 6;:~ Director Department of Building and Safety LER: nhm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J -- - J U o o 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.20 REQUIRING A CERTIFICATE OF OCCUPANCY. 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 4 DO ORDAIN AS FOLLOWS: 5 SECTION 1. Chapter 15.20 is added to the San Bernardino 6 Municipal Code as follows: 7 "Chapter 15.20 Certificate of Occupancy 8 15.20.010 Purpose. 9 The purpose of this chapter is to protect the public from unsafe and substandard buildings, to prevent the deterioration of buildings, and to prevent future blight and decline of property values through a program of required inspection and certification. 15.20.020 Definitions. Except as otherwise defined in this chapter, all terms used in this chapter which are defined by applicable State law, the Uniform Building Code, or this code, are used in this chapter as so defined, unless from the context it clearly appears that a different meaning is intended: 1. Building Official means the Director of Building and Safety or his/her designee. 2. Occupant means any person who occupies a unit, building, structure, or property whether as an owner, or tenant or permittee of the owner. 3. Occupancy means the purpose for which a building, structure, or property is used or intended to be used. PZ/dys July 11, 1989 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -~ o o 1 4. Owner means any person having a legal or 2 3 equitable interest in the property. 5. Person means an individual, partnership, 4 corporation, association or organization, or the 5 agent of any of the foregoing. 6 15.20.030 Certificate of Occupancy Required. 7 A. Housing. It shall be unlawful for the owner to 8 9 occupy, use, rent or lease, or to cause or permit the use or occupancy, or to sell or exchange, any multi-residential building of four (4) units or more, including hotels, motels, lodging houses, and residential group care facilities, without a valid certificate of occupancy or a valid temporary certificate of occupancy issued by the Building Official. B. Buildings, structures and Vacant Property. It shall be unlawful for the owner to occupy, use, rent or lease, or to cause or permit the use or occupancy, or to sell or exchange, any building or structure in Occupancy Classifications A (assembly), E (educational), I (institutional), H (hazardous), or B (business) of the Uniform Building Code without a valid certificate of occupancy or a valid temporary certificate of occupancy issued by the Building Official. It shall be unlawful for the owner of vacant property in the above classifications to use or occupy said property or to cause or permit the use and occupancy of said property without a valid certificate of occupancy or a valid temporary certificate PZ/dys July 11, 1989 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 o o 1 of occupancy issued by the Building Official. 2 3 C. Businesses. It shall be unlawful for the owner or any other person to commence or conduct a business 4 without a certificate of occupancy for businesses. A 5 6 certificate of occupancy for businesses shall be issued by the Building Official to the owner of a business upon 7 8 compliance with the following: 1. Submit a copy of the certificate of 9 occupancy or temporary certificate of occupancy issued to the building, structure or property to be occupied by the business; 2. Sign a statement that the business complies with the use and occupancy classification on that certificate; and 3. Pass a fire inspection. D. Valid Certificate. A certificate of occupancy or a temporary certificate of occupancy shall not be deemed to be valid if it has expired, been denied, withheld, revoked, or a new certificate of occupancy was required but had not been obtained. E. Posting Certificate. The owner of the building or structure and the owner of a business shall display the certificate in a conspicuous place. In addition, the 24 owner of a building or structure shall provide a copy of 25 the certificate to all lessees, renters, and purchasers of 26 the property. 27 / / / / 28 PZ/dys July 11, 1989 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -.. o o 1 15.20.040 Conditions Requiring Application. 2 A. Housing. A new certificate of occupancy shall be 3 required for all multi-residential buildings of four (4) 4 units or more whenever: 5 6 1. Construction of the building is completed. 2. A building has been vacant for more than 180 7 days. 8 9 3. A building has had alterations requiring permits. 4. Every four (4) years from the date of issuance on the certificate of occupancy. B. Buildings, structures and Vacant Property. A new certificate of occupancy shall be required for all buildings, structures and vacant property under Occupancy Classifications A (assembly), E (educational), I (institutional), H (hazardous), or B (business) of the Uniform Building Code whenever: 1. Construction of the building, structure, or portion thereof, is completed. 2. A building or structure has had alterations requiring permits. 3. A building or structure has been vacant for more than 180 days. 4. A building or structure changes its existing 25 occupancy classification or division within the same 26 classification. 27 / / / / 28 PZ/dys July 11, 1989 4 o o 1 5. A building or structure is annexed into the 2 3 City. 6. Vacant property is being used or occupied. 4 15.20.050 Application Process. 5 The owner shall file a written application accompanied by 6 payment of a fee with the Building Official prior to use or 7 occupancy of the premises or thirty (30) days prior to expiration 8 of an existing certificate of occupancy or temporary certificate 9 of occupancy. The Building Official, upon request of the owner, 10 shall cause an inspection to be made of the premises within ten 11 (10) working days for compliance with City codes. If the 12 premises are in compliance with said codes, the Building 13 Official shall issue a certificate of occupancy. 14 When an inspection discloses that the premises are not in 16 15 compliance with the codes, the Building Official shall give written notice of each deficiency to the owner. No certificate 18 17 of occupancy shall be issued to the owner until all deficiencies are corrected. If the owner fails to correct all said 19 deficiencies within sixty (60) days after the original 20 application was filed, the application shall expire and a new 21 application, plus fees, will be required. 22 The owner shall be responsible for making the premises 23 available for inspection by the City. 24 15.20.070 Temporary Certificate of Occupancy. 25 If the Building Official finds that no substantial hazard 26 will result from use or occupancy of any building or portion 28 27 thereof, any structure or any vacant property, and upon a showing PZ/dys July 11, 1989 5 o o 1 of good cause by the owner, the Building Official may issue a 2 temporary certificate of occupancy for up to 180 days. When a 3 temporary certificate of occupancy is issued for more than thirty 4 (30) days, the Building Official shall require a cash bond 5 payable to the City in an amount equal to the cost of doing the 6 required work as determined by the Building Official. 7 All buildings, structures and property annexed into the 8 City, and in use or occupied at the time of annexation, may be 9 issued a temporary certificate of occupancy for 180 days for the 10 purpose of achieving code compliance without the requirement of a 11 cash bond. 12 15.20.080 Revocation of Certificate of Occupancy. 13 The Building Official, in writing, may deny a certificate 14 of occupancy when it is determined that the building, structure, 15 or property is in violation of the codes. The Building Official, 16 in writing, may revoke a certificate of occupancy, when the 17 certificate was issued in error or on false information supplied 18 by the applicant. The certificate of occupancy is automatically 19 revoked when there is a change of use or occupancy 20 classification, when the building or structure has been vacant 21 for more than 180 days, or when alterations have been made to the 22 building, structure, or property which required permits. 23 15.20.090 Adoption of Rules and Procedures. 24 The Building Official shall promulgate written procedures, 25 rules, guidelines and fees pertaining to the implementation and 26 enforcement of this chapter. Such procedures, rules, guidelines 27 and fees shall not become effective until they have been approved 28 PZ/dys July 11, 1989 6 o o 1 by the Board of Building Commissioners. 2 15.20.100 Hearings. 3 Any person aggrieved by the denial, withholding or revoking 4 of a certificate of occupancy or temporary certificate of 5 occupancy by the Building Official may request a hearing in 6 writing before the Board of Building Commissioners at their 7 regularly scheduled meeting. 8 All decisions of the Board of Building Commissioners may be 9 appealed to the Mayor and Common Council in accordance with the 10 provisions of Chapter 2.64 of this code. 11 15.20.110 Compliance After Adoption. 13 certificate of occupancy under this chapter shall have 180 days 12 Owners of buildings, structures and property requiring a 14 in which to comply, from the date of adoption of this chapter. 15 15.20.120 Connection/Disconnection of utilities. 16 Buildings, structures or property shall be issued a 18 17 certificate of occupancy or a temporary certificate of occupancy prior to connection of public utilities. The Building Official 19 may disconnect or order discontinuance of any utility service to 20 any buildings, structures or premises lacking a valid certificate 21 of occupancy or a valid temporary certificate of occupancy. 23 22 15.20.130 Voidable Transactions. 24 contract to sell or lease, any building, structure or unit Any sale, exchange, conveyance, lease, rental agreement or 25 therein, lacking a valid certificate of occupancy or a valid 26 temporary certificate of occupancy is voidable at the sole option 27 of the purchaser, person contracting to purchase, lessee, tenant, 28 PZ/dys July 11, 1989 7 o o 1 their heir, assignee or trustee within one year after the date of 2 execution of said sale, exchange, conveyance, lease, rental 3 agreement or contract. 4 15.20.140 Violation. 5 Any person who violates or causes the violation of any 6 provision of this chapter shall be deemed guilty of a 7 misdemeanor, which upon conviction thereof is punishable in 8 accordance with the provisions of Section 1.12.010 of this 9 code." 10 SECTION 2. Chapter 19.70 and Section 15.04.090 of the San 11 Bernardino Municipal Code are hereby repealed. 12 SECTION 3. Section 19.50.070 of the San Bernardino 13 Municipal Code is hereby amended as follows: 14 "No conditional use permit for home occupations under 15 this Chapter nor Certificate of Occupancy under Chapter 16 15.20 of this Code shall be required for a business using 17 the owner ( s) or any partners home as its business address 18 provided, 1) that there is no signage at the home address, 20 19 2) there are no building materials stored at the home address, 3) that no manufacturing takes place at the home 21 22 employees or customers appear at the home address to address, and 4) that in the course of doing business, no 23 transact business." 24 I HEREBY CERTIFY that the foregoing ordinance was duly 25 adopted by the Mayor and Common Council of the City of San 26 Bernardino at a meeting thereof, held on the 27 / / / / 28 PZ/dys July 11, 1989 8 10 11 12 13 .I. m o o 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.20 REQUIRING A CERTIFICATE OF OCCUPANCY. 2 3 day of , 1989, by the following vote, to wit: 4 5 AYES: Council Members 6 NAYS: 7 ABSENT: 8 9 City Clerk The foregoing ordinance is hereby approved this day of , 1989. W. R. Holcomb, Mayor 14 City of San Bernardino 15 Approved as to form and legal content: 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney By: ~fL o PZ/dys July 11, 1989 9