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HomeMy WebLinkAbout01-Building & Safety CICt OF SAN BERNARDCO - REQUIEOr FOR COUNC~CQ)N Dept: Building and Safety REe'D. - At),.,.: ~ Syl1.i!Ct: '" .~. UFr.. hilt> A''''' '"""vcr -3 w 8 ~,.. '2. ." ." Ordinance of the City of San Bernardino adding Chapter 15.24, dealing with property maintenance and required minimum standards From:. Larry E. Reed, Di rector Date: July 26, 1989 Synopsis of Previous Council action: Recommended motion: That the Council waive further reading of this ordinance and lay it over for final adoption. CC: Marshall Julian, City Administrator JiTl!Richar~son, Deputy City Administrator Jalllt!t"f. Peillllall, City Attorney .~ L. rp~ Signature Contact person: I arry Rppn, Oirprtnr nf Rllilding and Safety Phone: 3351 Supporting data attached: ~t~ff Ilepnrt Ward: Entire City (all wards) FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.! (Acct. Descriotion) Finance: Council Notes: 75-0262 Agenda Item No. I CIU OF SAN BERNARDOo - REQUEOr FOR COUNCIL AC~N STAFF REPORT Title 15 of San Bernardino Municipal Code regulates buildings and construction. The proposed ordinance is the City's first attempt at writing a property maintenance ordinance. City staff has handled property maintenance issues under Chapters 8.30 and 8.33 (public and property nuisances) and housing and dangerous building codes adopted in Title 15 of the City Code. However, not all blighting influences are nuisances or unsafe structures. The Mayor has proposed that property maintenance standards be developed to provide the City staff and City.Attorney's Office with additional tools to help stop neighborhood deterioration, reduce blight, and improve the general public welfare. It is not anticipated that tliis Ordinance will add any significant additional work load. Staff will monitor it's impact if any and report back to Council in six (6) months. LER:nhm July 26, 1989 75-0264 C 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 c o ) ALTBRNATXVES/ADDXTXONS 3. PROPOSED Alternative to 15.24.040(8): "8. Walkways on private property, driveways and other improved surfoces shall be maintained in good repair and safe condition. " 4. PROPOSED Alternative to 15.24.050(8): "8. Walkways on private property, driveways and all improved surfaces shall be maintained in good repair and safe condition. Parking lot stripping and handicapped markings shall be maintained in good condition." PZ/dys September 7, 1989 (ZJ~ Ad~~ ',C 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 J c :) ) ALTERNATXVES/ADDXTXONS 1. PROPOSED Alternative 15.24.040(5): "5. Vehicles ~all be parked in a garage, carp9't'ur 9JI. an k-/tma?1 ~~NIJ tt/'12L1 /Ilk;? //.4Uf C&~ improved surface. RQCr9lil.ti'0ruiJ.' ""'hiC"A",,,,. motor homo (3 , trailer(3; campe~-eF camper ",hA"'6 aud .boats -shaY..-nGt--be. ..torAd in frnnt yards; even if on.3{1.impravedsurface." . 2. PROPOSED Amendment to Chapter 15.24: "15.24. Minor Deviation Permit. The Director of Building and Safety or his designee may issue a minor deviation permit upon a showing of good cause or unnecessary hardship, provided there is no objection by surrounding neighbors and provided that the protection sought by this chapter is not reduced thereby. A. Application. Application for minor deviation permits must be submitted in writing to the Director of Building and Safety and must state the cause or hardship making the minor deviation necessary, along with any required documentation inCluding a most recent tax return for economic hardship. Upon submission of a written application and payment of permit fees, notice by certified mail shall be sent to all property owners within 300 feet of the applicant's property by the Director of Building and Safety. Said notice to the above property owners shall apprise them of the requested deviation and their right to obj ect wi thin ten (10) days of the notice date. Within thirty (30) days of filing the application, the applicant shall receive a minor deviation permit or a letter rejecting applicant's PZ/dys August 3D, 1989 1 . ',C' "". \....;' ~ .......; ) 1 request status reasons for rejection. 2 permi t Fees. Permit fees shall be established by B. 3 resolution by the Mayor and Common Council and shall include the 4 costs of the certified mailing to surrounding property owners. 5 Appeal. The decision of the Director of Building and C. 6 Safety can be appealed to the Mayor and Common Council by any 7 interested party, including surrounding property owners in 8 accordance with appeal procedures in Chapter 2.64 of this code. 9 Termination of Permit. The permit expires D. 10 automatically in five (5) years or immediately upon transfer of 11 12 receiving a permit based on economic hardship shall file a copy the property or any change in circumstances. Property owners 13 of their annual tax returns with the Director of Building and 14 Safety. 15 E. Revocation. Permits may be revoked if information on 16 the application was false or for a change in circumstances. All 17 revocations shall be in writing and shall state reasons for 18 revocation. Revocations may be appealed to the Mayor and Common 19 Council in accordance with provisions of Chapter 2.64 of this 21 20 code." 22 23 24 25 26 27 28 PZ/dys August 30, 1989 2 c c o :J 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.24 DEALING WITH PROPERTY MAINTENANCE AND REQUIRED MINIMUM 3 STANDARDS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. Chapter 15.24 is added to the San Bernardino 6 Municipal Code as follows: 7 8 "Chapter 15.24 Property Ma~ntenance 9 15.24.010 Findings. 10 The citizens of San Bernardino have become increasingly 11 concerned with the unsightliness, the deterioration, and the 12 degradation of some residential and commercial properties in 13 their neighborhoods and have sought the help of city government 14 in their effort to preserve their neighborhoods. Local 15 governments have the authority to estab1~sh minimum requirements 16 for property ma~ntenance to protect the health, safety and 17 appearance of neighborhoods. Enforcement of these minimum 18 maintenance requirements can reduce and eliminate blight and 19 deterioration of neighborhoods, protecting both property values 20 and neighborhood integrity. 21 The Mayor and Common Council hereby find that the 22 deterioration of neighborhoods by failure to maintain properties 23 resul ts in an adverse affect on the health, safety, and welfare 24 of the citizens of this City. 25 15.24.020 purpose. 26 The purpose of this chapter is to establish and enforce 27 minimum maintenance standards for res~dences, multi-residential, 28 PZ/dys August 30, 1989 1 ( o o ) 1 commercial and industrial property in order to protect and 2 preserve neighborhood integrity. 3 15.24.030 Definitions. 4 Except as otherwise defined in this chapter, all terms used 5 in this chapter which are defined by applicable state 1 aw, the 6 Uniform Building Code, or this code, are used in the chapter as 7 so defined, unless from the context it clearly appears that 8 different meaning is intended: 9 10 1. Owner means any person having a legal or equitable interest in the property. 11 2. Person means an individual, partnership, 12 corporation, association or organization, or the agent of 13 any of the foregoing. 14 15.24.040 Maintenance requirements for residences. 15 Any person owning, renting, occupying or having charge of 16 any single family residence, or any two-unit or three-unit 17 residence, shall maintain the property in accordance with the 18 following minimum standards. Failure to comply with these 19 minimum standards shall constitute a violation of this code. 20 A. Exterior Requirements: 1. Front~~~.J!!eJ~a1~ ~caped (except for ~kS and dri v~;)"w~ th tre:lt shrubs, ?Jrpund h;.?lzdul' f$ cover, decorative rock, redwood bark and/or lawn. 21 22 23 24 2. Trees, shrubs, lawns and other plantings shall 25 be maintained, including regular irrigation, pruning of 26 trees, trimming of shrubs and cutting of lawns. 27 / / / / 28 PZ/dys August 30, 1989 2 C' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 1 3. Property shall be free of overgrown or dead 2 vegetation, including but not limited to weeds, trees or 3 4 limbs. Weeds include sage brush, dry grass, chaparral, and 5 any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. 6 7 4. Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials, appliances, machinery, equipment, any furniture (except for furniture 8 9 specifically designed for outdoor use), including but not limited to, furniture on porches, balconies, sun decks, and in front yards, and any other personal property causing an unsightly appearance or nuisance. 5. All operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored in a garage, carport or on an improved surface. None of the above shall be occupied. 6. Property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a garage or enclosed storage area. 7. All improvements on the property, including but not limited to buildings, garages, carports, porches, gates, fences, doors, windows, roofs and gutters shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or cracking. G Sidewalks, driveways and other improved surfaces shall be maintained in good repair and safe condition. PZ/dys August 30, 1989 3 '.0' 10 o o o 1 9. Buildings, structures, sidewalks and driveways 2 shall be free of graffiti. 10. Property shall be free from infestation of 3 4 termites, insects, vermin or rodents. 5 6 11. Improved property shall be properly connected to sewage disposal system or sanitary sewer and free from 7 sewage seepage. 8 9 12. Pools shall be securely fenced and adequately maintained as required by codes. B. Interior Requirements. 11 The interiors of all buildings and structures on the 12 property, both existing and new, and all parts thereof, shall be 13 maintained in good repair and safe, sanitary conditions in 14 conformance with the building code under which it was built or 15 remodeled and any retroactive codes. 16 Maintenance requirements for multi-residential, 15.24.050 17 commercial and industrial property. 18 Any person owning multi-residential, commercial or 19 industrial property shall maintain the property in accordance 20 Failure to comply with 21 these standards shall constitute a violation of this code. with the following minimum standards. 22 23 24 25 26 27 28 A. Exterior Requirements. 1. All required setbacks abutting a public right-of- 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, PZ/dys August 30, 1989 4 c 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 1 landscaping shall be in accordance with approved plans. 2 2. Trees, shrubs, ground covers, lawns and other 3 plantings shall be maintained, including regular 4 irrigation, pruning of trees, trimming of shrubs and cutting of lawns. 5 6 3. property shall be free of overgrown or dead 7 vegetation, including but not limited to weeds, trees or 8 9 Weeds include weed seedlings, sage brush, dry limbs. grass, chaparral, and any other brush or vegetation which attains extensive growth and becomes a fire menace when d~. 4. Property shall be free of trash, litter, debris, packing boxes, junk and salvage materials (except where otherwise permitted by this code), broken or inoperative furniture, appliances, machinery and equipment and any other personal property causing an unsightly appearance or nuisance. 5. All vehicles shall be parked or stored on an improved surface. 6. Recreational 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. 7. 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 PZ/dys August 30, 1989 5 --" o 10 11 12 13 14 15 16 o o o 1 2 condition. Paint or preservatives shall not be worn, 3 4 peeling or cracking. ~ Sidewalks, driveways and all improved surfaces shall be maintained in good repair and safe condition. Parking lot striP)(in9 and handicapped markings shall be maintained in good condition. 5 6 7 8 9 9. Buildings, structures, sidewalks, driveways and parking lots shall be free of graffiti. 10. property shall be free from infestation of termites, insects, vermin or rodents. 11. Improved property shall be properly connected to a sewage disposal system or sanitary sewer and free from sewage seepage. 12. Pools shall be securely fenced and adequately maintained as required by codes. B. Interior Requirements. 17 The interiors of all buildings and structures on the 18 property, both existing and new, and all parts thereof, shall be 19 maintained in good repair and safe, sanitary conditions in 20 conformance with the building code under which it was built or 21 remodeled and any retroactive codes. 22 15.24.060 Enforcement--Penalty. 23 Any person who violates or causes the violation of any 24 provision of the chapter shall be deemed guilty of an infraction, 25 which upon conviction thereof is punishable in accordance with 26 the provisions of Section 1.12.010 of this code. 27 / / / / 28 PZ/dys August 30, 1989 6 ,r<,o, - o o o o 1 15.24.070 Sever~bility. 2 The provisions of this chapter are severable, and if any 3 sentence, section, or other part of this chapter should be found 4 to be invalid, such invalidity shall not affect the remaining 5 provisions, and the remaining provisions shall continue in full 6 force and effect." 7 X HEREBY CERTXFY that the foregoing ordinance was duly 8 adopted by the Mayor and Common Council of the City of San 9 Bernardino at a meeting thereof, held on the 10 day of , 1989, by the following vote, to wit: 11 AYES: Council Members 12 13 14 15 16 17 18 19 NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1989. 20 W. R. Holcomb, Mayor Ci ty of San Bernardino 21 Approved as to form and legal content: 22 23 24 By: JAMES F. PENMAN, City Attorney 25 26 27 28 PZ/dys August 30, 1989 7