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CIT'~F SAN BERNARDI~ - REQUEQ FOR COUNCIL AC,QN
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From:
Larry E. Reed, Director
Subject: Ordinance of City of San Bernardino
adding Chapter 15.20 requiring a
Certificate of Occupancy
Dept:
Building and Safety
Date:
Synopsis of Previous Council action:
None. (Ordinance is based on direction from the Mayor and Council)
Recommended motion:
That the Ordinance adding Chapter 15.20 requiring a Certificate of Occupancy
be waived and be laid over for final passage.
Copies: Marshal Julian, City Administrator
Jim Richardson, Deputy Adminjstrator
Jim Penman, City Attorney
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Sig ure
Contact penon: La rry E. Reed
Supporting data attached: staff report
Phone: 714-384-3351
Ward: (ent ire counc il )
FUNDING REQUIREMENTS:
Amount: none
Source: (ACCL NO.)
(ACCT. DESCRIPTION)
Finance:
Council Not81:
,15.0n'
Agenda Item No. 10 d... /
CITl;PF SAN BERNARDI~ - REQUEQ FOR COUNCIL ACTON
STAFF REPORT
The proposed certificate of Occupancy Ordinance addresses three areas
of concern identified by the Mayor and Council.
1. to make the certificate of
understandable and reasonable.
Occupancy regulation
more
2. provide more regulatory enforcement opportunities in the area
of housing.
3. remove the Department of Building and Safety out of the
business of making unnecessary inspections.
This ordinance for the first time defines the difference between
occupant and occupancy. These two terms although totally different
were thought to be the same by the public and in some cases, by city
Staff. This ordinance also provides for the first time the authority
to issue temporary certificates of Occupancy, gives (newly) annexed
structures 180 days to upgrade to minimum City standards and provide
for the Department of Building and Safety to establish policies and
procedures for carrying out the ordinance upon review and approval by
the Board of Building Commissioners.
Second, the ordinance requires all buildings defined by the uniform
building code as mUlti-family residential buildings (R-1 occupancy
classification) to obtain an updated certificate of Occupancy every
four years. This is a new requirement in addition to requiring a
Certificate of Occupancy for buildings in the following instances:
1. prior to move-in at the end of the building permit construction
process.
2. when vacant more than 180 days
3. building alterations, including additions requiring permits
Third, the Department of Building and safety will no longer need to
inspect buildings to issue a new certificate of Occupancy based upon a
change of building or business ownership. It is important to note that
these changes do not change the Business Licensing requirements. Also,
tenant businesses like beauty parlors, attorneys offices, etc. to
obtain a "Mini certificate of occupancy" will only need a fire
inspection when the building has a valid Certificate of occupancy and
the tenant business is a use which falls within the broad occupancy
classification under which the building was built.
These proposed changes are significant. The first year will not be
without it's share of problems including citizen complaints. Change is
75.0264
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al~s difficult. This, c~led with th~lack of space and poor ()
condition of Department of Building and Safety's records will mean for
some Certificate of Occupancy applicants the process will continue to
be slow where there are no records and a field inspection will need to
be made. (The reorganization of the Department of Building and Safety
files as funded by the Council in FY 1989 is only 1/3 complete.) The
staff believes these changes, sets the correct department priorities
will allow staff to spend more time on eliminating the city's blighting
influences.
~4M '~
';;;;f ~eed
Director
Department of Building and Safety
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.20 REQUIRING A CERTIFICATE OF OCCUPANCY.
3
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
5
Chapter 15.20 is added to the San Bernardino
SECTION 1.
6 Municipal Code as follows:
7 "Chapter 15.20
Certificate of Occupancy
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15.20.0l0 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 his/her 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
to be used.
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4.
Owner means any person having a legal or
equitable interest in the property.
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5.
Person means an individual, partnership,
corporation, association or organization, or the
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agent of any of the foregoing.
6 l5.20.030 Certificate of Occupancy Required.
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A. Housing.
It shall be unlawful for the owner to
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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 permit the use or occupancy, or to
sell or exchange, any building or structure in Occupancy
Cl assi fications 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
certificate of occupancy or a valid temporary certificate
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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:
1. 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.
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15.20.040 Conditions Requiring Application.
A. Housing. A new certificate of occupancy shall be
required for all multi-residential buildings of four (4)
units or more whenever:
1. Construction of the building is completed.
2. A building has been vacant for more than 180
days.
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
occupancy classification or division within the same
classification.
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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
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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
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1 by the Board of Building Commissioners.
2 15.20.100 Hearings.
3 Any person aggrieved by the denial, withholding or revoking
4 of a certificate of occupancy or temporary certificate of
5 occupancy by the Building Official may request a hearing in
6 writing before the Board of Building Commissioners at their
7 regularly scheduled meeting.
8 All decisions of the Board of Building Commissioners may be
9 appealed to the Mayor and Common Council in accordance with the
10 provisions of Chapter 2.64 of this code.
11 15.20.110 Compliance After Adoption.
12 Owners of buildings, structures and property requiring a
13 certificate of occupancy under this chapter shall have 180 days
14 in which to comply, from the date of adoption of this chapter.
15 15.20.120 Connection/Disconnection of utilities.
16
Buildings, structures or property shall be issued a
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17 certificate of occupancy or a temporary certificate of occupancy
prior to connection of public utilities.
The Building Official
19 may disconnect or order discontinuance of any utility service to
20 any buildings, structures or premises lacking a valid certificate
21 of occupancy or a valid temporary certificate of occupancy.
23
22 15.20.130 Voidable Transactions.
24 contract to sell or lease, any building, structure or unit
Any sale, exchange, conveyance, lease, rental agreement or
25 therein, lacking a valid certificate of occupancy or a valid
26 temporary certificate of occupancy is voidable at the sole option
27 of the purchaser, person contracting to purchase, lessee, tenant,
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their heir, assignee or trustee within one year after the date of
execution of said sale, exchange, conveyance, lease, rental
agreement or contract.
15.20.140 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."
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
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.20 REQUIRING A CERTIFICATE OF OCCUPANCY.
day of
, 1989, by the fOllowing vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1989.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~il~
o
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