HomeMy WebLinkAbout13-City Attorney
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o Ralph H. Prince
Attorney at Law
3160-B Little Mountain Drive
San Bernardino, CA 92405
Phone (714) 883-0608
Honorable MaYDr and CDllIIIDn Council
City Hall
San Bernardino. Ca 92418
Deal' Mayor' and CDllIIIOn Council:
By letter dated Mal'Ch 23. 1988. I requested that YDU direct the City Attomey
to correct his written legal opinion dated February 1, 1988,cDnceming his
charges that the city had failed tD cDllect a $300, 000 increase in building
pennit fees which he alleged were automatically imposed by operation of law.
Actually, the State Building Standards Conmission adopted building standards
in Title 24 of the CalifDmia Administrative Code but did not adopt the build-
ing pennit fees set forth in the 1985 Unifonn Building Code. ThIs .conclusion
can be verified by any knowledgable building Dfficial of the State"
It is my understanding that the City Attomey directed that my letter
be burried in the back up material for a related agenda Item rather then
placed as a seperate agenda item for YDur actiDn.
I request that this lettsI' and my letters dated Mal'Ch 23, 1988, be placed Dn
the next Council agenda for your consideration.
Respectfully Yours, .
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Attorney at law
Attach: letters dated 3/23/88
c c: City adminIstrator
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3160-B Little Mount~in Dr.
San Bernardino. CA 92405
March 2:3, 1988
~lonoruble ~ta~'or and Common Council
.city Hall
Dear Mayor and Ccmmon Council:
On February 9. 1988. the front page of The Sun carried City
.I\ttorney James Penman' s charges that the c:i. ty administration
lost SJOO.OOO by not collecting a 50% increase in building permit
fees that took effect: automatically last Jul}' 198'/. under state
law. i"lr. Penman wrote a legal opinion to \~hat effect. He is
wrong.
Health and Safety Code sl9ction 179~8 provides that if a city does
not ame,nd ordinances to impose requi rements publ ished in the
Stat.e Building Standards Code, the PI'ovisions in such State Code
shall be applicable to the city 180 days after publication. The
State Building Standards Commission did not adopt building permit"
fees applicable to cities and counties. Therefore. the standards.
not the fees. were aut.omaticall~' made dpplicable to ci ties and
counties.
i\pparently ~lr. Penman failed t.o read Title 24 of t:he Callfor'nia
Administrative Code; nor did he make any effort to contact the
State Building Standards Commission or any cit)' or county Super-
intenden1: of Building and Safety to varify his legal opinion.
Building permit fees have always been left to local determination
because t.he cost of issuing permits and inspection of buildings
varies amonq local. jurisdictions of citi-::s and counties.
; am nonplused and at 0 loss to understand 1\0\0.' such invalid
charges coul.d persist ll(, months after front page newspaper publi-
d ty and be made part of the grounds to force the resignation of
the City Administrator.
As you kno\ol. the oath of office of public officials requires
obedience to the law, !lot obedience to bad or politically moti-
vat.ed legal advice of the City Attorney.
I respectful h' request that you direct the City Attorney to
correct in \.;ritinq his legal opinion concerning the bUilding
permi t fees.
My best wishes upon your deliberations.
Respectfull y Yours.
~ If-, tI?-t~;~e.
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3160-B little Mountain Dr.
San BernardinD, CA 92t,()5
March 23. 1988
Shauna Clark
City Clerk
City Hall
Deal' Ms. Clark:
Piease place the enclosed letter tD the Mayor and CDnvnon
Council on the next agenda.
The alleged loss Df $300.000 in building permit fees can be
attributed tD the failure Df the City Attorney tD advise the
City Council in August. 1987, that the State Building Standards
CDnvnissiDn had adopted standards, nDt the building permit fees
as set forth in the Uniform Building Code.
Very Truly VOUl'S,
cc: MaYDr
City Council
City AdministratDr
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