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etJY OF SAN BERNAROO - REQuEST FOR COUNCIOCTIO.
From: Mark 1. Sutton, Director of Building a Safety
O.pt: BUILDING & SAFETY DEPARTMENT
SUBJECT, CITATION AUTHORITY
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ry
Oate:
JUL Y 19, 1988
Synopsis of PrllYious Council action:
At the Meeting of the Code Review AdHoc Committee held on July 14, 1988, the
Committee recommended approval of the Ordinance Amending Section 9.90.010,
Subsection A.S, of the San Bernardino Municipal Code, to authorize the
Director of Building and Safety and his or her designees to issue notices to
appear for violation of the San Bernardino Municipal Code and all other codes
incorporated therein by reference; and, adding Section 7 to Subsection (A)
of Section 9,90.010 to authorize the Director of Public Works/City Engineer
or his or her designees to issue notices to appear. (See attached.)
,
Recommenojed motion:
That further reading of the Ordinance be waived and said Ordinance be laid
over for final passage.
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Signature
Contact person: Mark [, Sutton
Phone:
5071
Supporting 1ata attached:
YES
War<:!:
N/A
FUNOING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
".0262
Agenda I tern No ~ 3,
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CITO OF SAN BERNARUI~U - 1'I.\lIO"~'
STAFF REPORT
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SUBJECT: CITATION AUTHORITY
In reviewing the citation procedures, with the Code Review AdHoc Committee,
Staff identified a potential problem with the citation authority granted to
the Department of Building and Safety.
With the increased awareness of the need for quality construction and construction
inspections and the contemplated Expanded Code Enforcement Program, Staff perceives
a need for the citation authority to be extended to not only the Dlrector and Code
Enforcement Officers, as is presently the case, but the Code Compllance Supervisor
and Senior Code Compliance Officer, as well as the Building Inspector and associated
supervisors.
This Amendment would allow the flexibility to adapt to new situations without
having to constantly request changes to the Ordlnance.
In reviewing this enforcement procedure with Roger Hardgrave, he indlcated a
similiar interest in this matter and the attached Amendment includes granting
the Director of Public Works/City Engineer the authorization as is being requested
for the Director of Building and Safety,
Staff respectfully requests the adoption of the attached Ordinance.
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ORDINA NCE
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
9.90.010 SUBSECTION A.5 OF THE SAN BERNARDINO MUNICIPAL CODE TO
AUTHORIZE THE DIRECTOR OF BUILDING AND SAFETY AND HIS OR HER
DESIGNEES TO ISSUE NOTICES TO APPEAR FOR VIOlATION OF THE SAN
BERNARDINO MUNICJ;PAL CODE AND ALL OTHER CODES INCORPORATED
THEREIN BY REFERENCE; and, ADDING SECTION 7 TO SUBSECTION A OF
SECTION 9,90.010 TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER OR HI S OR HER DESIGNEES TO I SSUE NOTICES TO A PPEA R.
THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDA IN A S FOLLOWS:
SECTION 1.
Section 9.90.010 Subsection A.5 of the San
Bernardino Municipal Code is amended to read:
"5, The Director of Building and Safety, and his/her
12 designees are authorized and elq:owered to issue "Notices to
13 A~~ear" f')r vi-:>lations of tree San Bernardino Munici\=al Code, and
14 all other codes incorp-:>rated herei!1 by reference."
15
SECTION 2,
Section 7 is added to Subsection A of Section
16 9,90,010 of the San Bernardino Municipal Code, to read as
17 follows:
18 "SECTION 7
19
The Director of Public Works/City Engineer and his/her
A,
20 des ignees
authorized
and el!:;:owered to
"Notices
~~
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issue
are
21 A\=pear" for vi'Jlations of the San Bernardino Munici\=al Code, and
22 all other codes incorporated herei!1 by reference."
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5-17-88
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o ORD: HIENDING SECQON 9.9U.UO ;;Ub;)!:.ChU", A.5 UF [HP:iA:.
BERNARDINO MUNICIPAL CODE; and ADDING SECTION 7 TO SUBSECTIJN .\
OF SECTION 9.90.010 OF THE SAN BERNARDINO MUNICIPAL CODE
1 I HEREBY CERTIFY that the f~regoing ordinance was duly
2 adoptedby.the Mayor and Common Council of the City of San
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Bi!rri'a~lno' at a
meeting thereof, held
day of ___~
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1988, by the following
on the
5 vote, to wit:
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Counc il Members
A YES:
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NA YS:
ABSENT:
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The foregoing ordinance is hereby approved this
day
of
1988.
!V1yn .m1cox-:-Maycr--------------
City of San Bernardino
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A PPROVED A S TO FORM 1
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C I T Y
~ SAN ~ R N A R DIN 0
INTEROFFICE MEMORANDUM
8804-302
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TO:
Jim Penman, City Attorney
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FROM: Mark I. Sutton, Director/Building Official
BUILDING , SAFETY
SUBJECT: Citation Authority
DATE:
Apr 11 5, 1988
(7401)
COPIES:
Mayor Wilcox, Ray Schweitzer - Administration, Jim
Richardson - Administration/Development Services,
Roger Hardgrave Public Works/Engineering
Division, Code Review AdHoc Committee
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In reviewing the quality of construction and the ability ~~
enforce the codes with the Code Review AdHoc Committee, I
discovered that the citation authority, within the Building'
Safety Department, was limited to the positions of Director
of Building' Safety and Code Compliance Officers.
With the increased awareness, the need to enforce the Code
and the contemplated expanded Code Enforcement Program, I can
see a need to include other positions, as well as those
described above, with the ability to issue citations.
I am requesting that you amend Ordinance MC-606(S), to read
-The Director of Building , Safety and his/ber designees are
authorized and empowered to issue 'Notices to Appear' for
violations of the San Bernardino Municipal Code, and all
other codes incorporated herein by reference.-
This Amendment would allow this department the flexibility to
change and adapt to new situations witbout having to come
back and change the Ordinance constantly.
In reviewing the enforcement procedures with Roger Hardgrave,
he would like to add a new Section (7) to give the Director
of Public Works and his/her designees the authority to issue
citations.
,.
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INTEROFFICE MEMORANdC)z 8804-30C:>
Citation Authority
AprilS, 1988
Page 2
. .
If you have any
contact my office.
questions regarding
Thank you.
;?Jj #.
Mark I. Sutton,
Director/Building Officia~
BUILDING , SAFETY DEPAR~NT
MIS/tmo
Enclosure
this
JIJ
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matter, please
A - .l- IfJ . Il1
0 C I T Y a- s A N QR N A R DIN 0
INTEROFFICE MEMORANDUM
8804-302
o
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.-
(.: I
,
TO:
Jim Penman, City Attorney
FROM: Mark I. Sutton, Director/Building Official
BUILDING , SAFETY
SUBJECT: Citation Authority
DATE:
Apr il 5, 1988
(7401)
COPIES:
Mayor Wilcox, Ray Schweitzer - Administration, Jim
Richardson - Administration/Development Services,
Roger Hardgrave Public Works/Engineering
Division, Code Review Ad Hoc Committee
------------.. ---". -.. --'.'
In reviewing the quality of construction and the ability ~~
enforce the codes with the Code Review AdBoc Committee, I
discovered that the citation authority, within the Building &
Safety Department, was limited to the positions of Director
of Building & Safety and Code Compliance Officers.
With the increased awareness, the need to enforce the Code
and the contemplated expanded Code Enforcement Program, I can
see a need to include other positions, as well as those
described above, with the ability to issue citations.
I am requesting that you amend Ordinance MC-606(S), to read
"The Director of Building , Safety and his/ber designees are
authorized and empowered to issue 'Notices to Appear' for
violations of the San Bernardino Municipal Code, and all
other codes incorporated herein by reference."
This Amendment would allow this department the flexibility to
change and adapt to new situations witbout having to come
back and change the Ordinance constantly.
In reviewing the enforcement procedures with Roger Hardgrave,
he would like to add a new Section (7) to give the Director
of Public Works and his/her designees the authority to issue
citations.
,. ,
A Tl)IeH;tH4'k7 e
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INTEROFFICE MEMORAND~I 8804-30~
Citation Authority
Apr il 5, 1988
Pa~e 2
If you have any
contact my office.
questions re9ardin9
Thank you.
;;rJj #.
Mark 1. Sutton,
Director/Buildin9 Official
BUILDING , SAFETY DEPARTMENT
MIS/tmo
Enclosure
this
o
mat~er, please
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Council Member Estrada made a motion, seconded by
Counci,l Member Reilly and unanimously carried, that the
minutes of the Police Building Ad Hoc Committee meeting
held July 8, 1988, be received and filed.
CODE REVIEW AD HOC COMMITTEE MEETING MINUTES -
JULY 14, 1988 - COUNCIL MEMBER REILLY
Council Member Reilly, Chairman of the Code Review Ad
Hoc Committee, presented the minutes of their meeting held
July 14, 1988, at which time the following items were
discussed: (51)
1. Incentive Program The Committee
received reports from Building and Safety,
Public Works and Personnel Departments and
determined that this i tern should be held in
abeyance until a full review of all city
departments and the cost impact can be deter-
mined. Methods other than mer i t increases
are to be considered. Non-monetary recogni-
tion avenues are to be explored. Mr. Sutton
was asked to review the possibility of uni-
forms and badges for his code enforcement
officers. He reported that clearly identi-
fied code enforcement cars are already in the
works.
2. Citation Authority - The Committee recom-
mended approval of the proposed ordinance
(attached) . Building and Safety will place
the ordinance on the August 1, 1988, Council
Agenda with the Acting Ci ty Administrator' s
approval.
3. Limited Issuance of Permits - Item con-
tinued to a meeting to be set in early Sep-
tember.
4. Property Maintenance The Committee
recommended approval of the proposed ordi-
nance (attached). Continuing review of code
enforcement ordinances and resolutions is
planned by Building and Safety Director.
Council Member Flores made a motion, seconded by
Council Member Estrada and unanimously carried, that the
minutes of the Code Review Ad Hoc Committee meeting held
July 14, 1988, be received and filed.
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7/18/88