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HomeMy WebLinkAboutS01-Public Works / 0 i 1 2 3 + 5 6 7 8 9 10 II 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 o o o ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.20 REQUIRING A CERTIFICATE OF OCCUPANCY, AND DECLARING THE URGENCY THEREOF. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.20 is added to the San Bernardino Municipal Code as follows: "Chapter 15.20 Certificate of Occupancy 15.20.010 Purpose. 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 hislher 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 PZ/dys I July 11, 1989 )-/ 0 1 2 3 4"' 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 o o o to be used. 4. Owner means ;lny person having a legal or equitable interest in the property. 5. Person means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing. 15.20.030 Certificate of Occupancy Required. A. Housing. 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 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 pe~it 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 PZ/dys July 11. 1989 2 0 1 2 3 ~ 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 o o o certificate of occupancy or a valid temporary certificate of occupancy issued by the Building Official. C. Businesses. It shall be unlawful for the owner or any other person to commence or conduct a business without a certificate of occupancy for businesses. A certificate of occupancy for businesses shall be issued by the Building Official to the owner of a business upon compliance with the following: l. Submit a copy of the certificate of 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 owner of a building or structure shall provide a copy of the certificate to all lessees, renters, and purchasers of the property. PZ/dys July 11, 19S9 3 . o lO 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 Construction of the building is completed. A building has been vacant for more than 180 1. 2. 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 0 1 2 3 ~ 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 5. A building or structure is annexed into the City. 6. Vacant property is being used or occupied. 15.20.050 Application Process. The owner shall file a written application accompanied by payment of a fee with the Building Official prior to use or occupancy of the premises or thirty (30) days prior to expiration of an existing certificate of occupancy or temporary certificate of occupancy. The Building Official. upon request of the owner, shall cause an inspection to be made of the premises within ten (10) working days for compliance with City codes. If the premises are in compliance with said codes, the Building Official shall issue a certificate of occupancy. When an inspection discloses that the premises are not in compliance with the codes. the Building Official shall give written notice of each deficiency to the owner. No certificate of occupancy shall be issued to the owner until all deficiencies are corrected. If the owner fails to correct all said deficiencies within sixty (60) days after the original application was filed, the application shall expire and a new application, plus fees, will be required. The owner shall be responsible for making the premises available for inspection by the City. 15.20.070 Temporary Certificate of Occupancy. If the Building Official finds that no substantial hazard will result from use or occupancy of any building or portion thereof, any structure or any vacant property, and upon a showing PZ/dys July II, 1989 5 0 1 2 3 ~ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o of good cause by the owner, the Building Official may issue a temporary certificate of occupancy for up to 180 days. When a temporary certificate of occupancy is issued for more than thirty (30) days, the Building Official shall require a cash bond payable to the City in an amount equal to the cost of doing the required work as determined by the Building Official. All buildings, structures and property annexed into the City, and in use or occupied at the time of annexation, may be issued a temporary certificate of occupancy for 180 days for the purpose of achieving code compliance without the requirement of a cash bond. 15.20.080 Revocation of Certificate of Occupancy. The Building Official, in writing, may deny a certificate of occupancy when it is determined that the building, structure, or property is in violation of the codes. The Building Official, in writing, may revoke a certificate of occupancy, when the certificate was issued in error or on false information supplied by the applicant. The certificate of occupancy is automatically revoked when there is a change of use or occupancy classification, when the building or structure has been vacant for more than 180 days, or when alterations have been made to the building, structure, or property which required permits. 15.20.090 Adoption of Rules and Procedures. The Building Official shall promulgate written procedures, rules, guidelines and fees pertaining to the implementation and enforcement of this chapter. Such procedures, rules, guidelines and fees shall not become effective until they have been approved PZ/dys July 11, 1989 6 0 . 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o by the Board of Building Commissioners. 15.20.100 Hearings. Any person aggrieved by the denial, withholding or revoking of a certificate of occupancy or temporary certificate of occupancy by the Building Official may request a hearing in writing before the Board of Building Commissioners at their regularly scheduled meeting. All decisions of the Board of Building Commissioners may be appealed to the Mayor and Common Council in accordance with the provisions of Chapter 2.64 of this code. 15.20.110 Compliance After Adoption. Owners of buildings, structures and property requiring a certificate of occupancy under this chapter shall have 180 days in which to comply, from the date of adoption of this chapter. 15.20.120 Connection/Disconnection of utilities. Buildings, structures or property shall be issued a certificate of occupancy or a temporary certificate of occupancy prior to connection of public utilities. The Building Official may disconnect or order discontinuance of any utility service to any buildings, structures or premises lacking a valid certificate of occupancy or a valid temporary certificate of occupancy. 15.20.l30 Voidable Transactions. Any sale, exchange, conveyance, lease, rental agreement or contract to sell or lease, any building, structure or unit therein, lacking a valid certificate of occupancy or a valid temporary certificate of occupancy is voidable at the sole option of the purchaser. person contracting to purchase, lessee, tenant, PZ/dys July 11, 1989 7 0 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 o o o their heir, assignee or trustee within one year after the date of execution of said sale, exchange. conveyance, lease, rental agreement or contract. 15.20.l40 Violation. Any person who violates or causes the violation of any provision of this chapter shall be deemed guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this code." SECTION 2. Chapter 19.70 and Section 15.04.090 of the San Bernardino Municipal Code are hereby repealed. SECTION 3. Section 19.50.070 of the San Bernardino Municipal Code is hereby amended as follows: "No conditional use permit for home occupations under this Chapter nor Certificate of Occupancy under Chapter 15.20 of this Code shall be required for a business using the owner(s) or any partners home as its business address provided, 1) that there is ,no signage at the home address, 2) there are no building materials stored at the home address, 3) that no manufacturing takes place at the home address, and 4) that in the course of doing business, no employees or customers appear at the home address to transact business." SECTION 4. Urgency. This is an urgency ordinance which will become effective immediately upon its adoption. The reasons for the urgency are that the need to provide a comprehensive Certificate of Occupancy PZ/dys July 11, 1989 8 0 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 o o o procedure as well as the statutory ability to provide temporary Certificates of Occupancy is essential to the immediate public health and safety of the citizens, residents and property owners of the City of San Bernardino, in that it will reduce confusion and duplication and provide safer housing and places of business for the citizens of the City and those doing business here. 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 . 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk 1 / / 1 1 1 1 1 / / 1 1 1 1 1 1 1 III 1 1 / / / III / 1 1 1 /11 1 PZ/dys July 11, 1989 9 o 10 o o o 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 15.20 REQUIRING A CERTIFICATE OF OCCUPANCY, AND DECLARING THE 2 URGENCY THEREOF. 3 4 5 6 The foregoing ordinance is hereby approved this day of , 1989. 7 W. R. Holcomb, Mayor 8 City of San Bernardino 9 Approved as to form and legal content: JAMES F. PENMAN, 11 City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: ( ?fc;.,. - PZ/dys July 11, 1989 10