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HomeMy WebLinkAbout24-City Attorney L 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 "'""\ ......., ) ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNAP~INO AMENDING SECTION 15.28.140 TO PROVIDE CRIMINAL PENALTIES FOR REMOVAL OF "DANGER" SIGNS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.28.140 of the San Bernardino Municipa Code is amended to read as follows: "15.28.140 Securing dangerous buildings from entry. A. In addition to the procedures provided for abatement of nuisance caused by dangerous and hazardous structures as set forth in this chapter, the building official or his representativ is given summary power to secure from entry any structure which in his discretion he determines to be immediately dangerous or hazardous, or in any other manner injurious to public health or safety. The building official may secure such structures using methods at his discretion to accomplish the purpose which are most appropriate under the circumstances. The building official shall also post a sign stating in effect "DANGER, DO NOT ENTER" upon the structure in at least one conspicuous place, with the word "DANGER" in letters at least one inch in height. "B. Any person removing such sign without the express written consent of the City of San Bernardino Building Official is guilty of a misdeameanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code." "C. The building official shall, immediately after such action, mail a notice to the owners of the real property upon which the structure is located. Notice shall be mailed to the address as ascertained from title company records, the~~ Q " 0 lo~ 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 l'''''' '-' ......, \ ,j assessment role of the County Assessors, or if no address is so shown, to the address of the property as such address may be known by the building official. Such notice shall contain the following infornation: (1) that he has secured the structure; (2i the cost incurred by the City thereby; (3) that he has posted &igns as provided by this section; (4) the reasons why he has taken the action; (5) that an appeal may be made within ten days to the Board of Building Commissioners, to be set for hearing at the next regular meeting; (6) that if his action is not annulled by the Board of Building Commissioners, the cost of securing the property shall become a lien upon the real property unless the cost is paid to the City within thirty days of the mailing of the notice. "D. The notice of appeal to the Board of Building Commis- sioners must be verified under oath or under penalty of perjury and must state the grounds upon which the action of the building official is appealed; (1) the Board of Building Commissioners shall hear any evidence or other relevant matter presented by the Appellant or the building official at its next regular meeting after the fi1in of the Notice of Appeal; (2) after hearing all the evidence or upon the report of the building official if no appeal is made, the Board of Building Commissioners may confirm, amend, or annul the action of the building official. (a) if the action of the building official is annulled, the City at its own expense shall remove any instruments used to secure the structure and any signs stating that the building is 8/18/87 -2- C 1 2 8 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 1"--.., ........ "'""' \ ",/ unsafe to enter. (b) if the Board of Building Commissioners confirms the action of the building officials in securing the structure, then the cost incurred by the City in securing the structure shall become a special assessment and lien against the property to be determined and collected in accordance with the procedures set forth in Chapter 3.68." 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 day of , 1987, by the following vote to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day of , 1987. Mayor of the City of San Bernardino Approved as to form and legal content: i'l 1. 8/18/87 -3-