HomeMy WebLinkAbout09-City Attorney
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Olph H, PrincO
Attorney at Law
3160-B Little Mountain Drive
San Bernardino, CA 92405
Phone (714) 883-0608
Honorable Mayor and Common Council
City Hall
San Bernardino, Ca 92418
Deal' Mayor and Conmon Council:
By letter dated March 23, 1968, I requested that you direct the City Attorney
to correct his written legal opinion dated February 1, 1968,conceming his
chal'ges that the city had failed to collect a $300, 000 increase in building
pennit fees which he alleged were automatically imposed by operation of law.
Actually, the State Building Standards Commission adopted building standards
in Title 24 of the California Administrative Code but did not adopt the build-
ing pennit fees set forth in the 1985 Unifonn Building Code. This 'concluslon
can be verified by any knowledgable building official of the State;
It is my undel'Standing that the City Attorney 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 your action.
I request that this letter and my lettel'S dated March 23, 1968, be placed on
,the next Council agenda for your consideration.
Respectfully VOUI'S,
C~t~;(t(~
Attorney at Law
Attach: Lettel'S dated 3/23/88
c c: City administrator
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3160-B Little Mountain Dr.
San Bernardino, CA 92405
March 23, 1988
,tlonorable l'!ayor and Common Council
oCi ty Hall
Dear Mayor and Cemmon Council:
On February 9. 1988, the front page of The Sun carded City
Attorney James Penman's charges that the city administration
lost SJOO,OOO by not collecting a 50% increase in building permit
fees that tOOK effect; automatically tast Jul}' 198'1. under state
law. Mr. Prmman wrote a legal opinion to I~hat. effect. He is
wrong.
Health and Safety Code section 179!>8 provides that if a city does
noL amend ordinances to impose requirements published in the
State Building Standards Code, the provisions in such State Code
shall be applicable to the city 180 days after publication. The
State Building Standards Commission did not adopt bui Iding permit..
fees applicable to cities and counties. Therefore. the standards.
!"IotLhe fees. were automaticall~' made appl icable to ci ties and
counties.
.'\pparently ~1r. Penman failed to read Title 24 of the California
Administrative Code: nor did he make any effort to contact the
State Bu ilding Standards Commission or any ci ty or county Super-
intendent of Building and Safety to varify his legal opinion.
Building permit fees have always been left to local determination
because the cost of issuing permits and inspection of buildings
varies among local. jurisdictions of cities and counties.
I am nonp~used and at a loss to understand how such invalid
charges could persist 1~ months after front page newspaper pUbli-
city and be made part of the grounds to force the resignation of
the City Administrator.
As you know. the oath of office of public officials requires
obedience Lo the law, not obedience to bad or politicaily moti-
vat,ed legal advice of the Ci ty At.torney.
I respectfully request that you direct the City Attorney to
correct in writing his legal opinion concerning the building
permit fees.
My best wishes upon your deliberations.
Respectfull y Yours.
~#-,pO~
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316O-B Little Mountain 01'.
San Bernardino, CA 92l,()5
March 23, 1988
Shauna Clark
City Clerk
City Hall
Deal' Ms. Clark:
Please place the enclosed letter to the Mayor and Conmon
Council on the next agenda.
The alleged loss of $300,000 in building pennit fees can be
attributed to the failure of the City Attorney to advise the
City Council in August, 1987, that the State Building Standal'ds
Conmission had adopted standards, not the building pennlt fees
as set forth in the Unifonn Building Code.
Very Truly YOUl'S,
cc; Mayor
~IfP~
City Council
City Administrator