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CI"f if' OF SAN BERNARDh.O - REQUE.w r FOR COUNCIL ACl .ON
From: Ralph H. Prince
Subject: Ordinance Amending Section
15.28.170 Relating to Notice
of Pendency of Administrative
Proceedings
De~: City Attorney
Date: January 9, 1987
Synopsis of Previous Council action:
1-8-87
Approved by Legislative Review Committee.
RecommenrJed motion:
Waive further first reading of ordinance and layover for
final adoption.
.~....."""~
Signature
Contact person:
Loren McQueen
Phone: 5235
Supporting data attached: ___~es
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Sou rce:
Finance:
Council Notes:
75-0262
AQenda I tern No. / Cf;
CIT'I' OF SAN BERNARDIh.~ - REQUE-.. r FOR COUNCIL AC1.0N
STAFF REPORT
The present form of the ordinance states that only the
"subsequent owner, purchaser or encumbrancer of the property
described therein or involved in the proceedings" are given
notice of the administrative proceedings when the City files a
"Notice of Pendency of Administrative Proceedings" (Nap) with the
County Recorder. This amendment will specifically add a
"beneficiary of a trust deed, lienholder, mortgagee or any
interested party" to the group of persons who will be put on
notice by the City filing an Nap.
75-0264
/.. 9-1l
BUILDINGS AND CONSTRUCTION
to the property upon which the structure is located; and the
utility companies shall not reconnect until full payment of
such cost is made to the City as determined by the building
official. (Ord. 3227 (part), 1972; Ord. 2291 ~ 8(c), 1960.)
15.28.170 Filing of notice of pendency of administrative
proceedings.
At any time after the building official has initiated action
to locate and serve the owners with the notice of defects
referred to in Sections 15.28.020 through 15.28.040, or has
posted a "DANGER" sign upon a structure as provided for in
Section 15.28.140, or has begun summary abatement of a
nuisance as provided for in Section 15.28.150, he or the City
engineers may file with the county recorder a notice of
.
(San Bernardino 10-82)
860
.f.
METAL-COVERED BUILDINGS
pendency of administrative proceedings which shall constitute .
notice to any subsequent owner, purchaser 9rt encumbrancer/ ~u~ f ~ ~
of the property described therein or involved'in the proceedings ~' ~
who shall be bound by the administrative proceedings, including / '7 .
liability for all amounts and costs and expenses assessed against ~I eP-'2J ,~
the property as a lien for abatement in the same manner as if he ''f''24~
had been the owner at the time of commencement of the pro-
ceedings and had been properly served at that time. (Ord. 3227
(part), 1972; Ord. 2291 ~ 8(d), 1960.)
15.28.180 (Repealed by MC-460.)
Chapter 15.32
METAL-COVERED BUILDINGS
Sections:
15.32.010 Findings.
15.32.020 Unlawful construction in residential district.
15.32.030 Lawful construction in certain zoning districts.
15.32.040 (Repealed by MC-460.)
15.32.010 Findings.
The public health, comfort, interest, convenience, necessity,
safety and welfare in and of the City and its inhabitants require
that certain regulations and restrictions be made and adopted
pertaining to the construction, erection, use, occupancy and
location of metal buildings in the City, in order to prevent the
creation of unhealthy, unsanitary, and unsafe conditions, the
creation of fire hazards, the establishment of slums or slum
areas, the depreciation of property values and the subsequent
or resulting injury to the physical and moral welfare of the
people of the City. (Ord. 1781 ~ I, 1947.)
15.32.020 Unlawful construction in residential district.
It is unlawful to erect, construct, establish, alter or enlarge
any building which has an exterior wall made and composed of
metal in any district zoned for residential purposes in the City,
-
861
(San Bernardino 9-85)
.ft
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.28.170 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT A
3 RECORDED NOTICE OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS SHALL
ALSO CONSTITUTE NOTICE TO ANY BENEFICIARY OF A TRUST DEED,
4 LIENHOLDER, MORTGAGEE, OR INTERESTED PARTY OF THE PROPERTY
INVOLVED IN THE PROCEEDINGS.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7
SECTION 1. Section 15.28.170 of the San Bernardino
8 Municipal Code is amended to read as follows:
9
"15.28.170 Filing of notice of pendency of administrative
10 proceedings.
11
At any time after the building official has initiated,
12 action to locate and serve the owners with the notice of defects
13 referred to in Sections 15.28.020 through 15.28.040, or has
14 posted a 'DANGER' sign upon a structure as provided for in
15 Section 15.28.140, or has begun summary abatement of a nuisance
16 as provided for in Section 15.28.150, he or the City engineers
17 may file with the county recorder a notice of pendency of
18 administrative proceedings which shall constitute notice to any
19 subsequent owner, purchaser, encumbrancer of the property
20 described therein or involved in the proceedings, beneficiary of
21 a trust deed, lienholder, mortgagee, or any other person holding
22 or claiming any interest of any kind in the property described
23 therein who shall be bound by the administrative proceedings,
24 including liability for all amounts and costs and expenses
25 assessed against the property as a lien for abatement in the same
26 manner as if he had been the owner at the time of commencement of
27 the proceedings and had been properly served at that time."
28
1/9/87
1
1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
meeting thereof, held on
4 the
day of
, 1987, by the
5 following vote, to wit:
6 AYES:
7
8 NAYS:
9 ABSENT:
10
11
12
13
~ <0 i',
. .;
^ .
. :~~ '. ~.
.t"~;
City Clerk
;
.'
"
The foregoing ordinance is hereby approved this
day
14 of
15
16
17
, 1987.
Mayor of the City of San Bernardino
Approved as to form:
18
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19 / ~ / ",//') c..'
/.<::(Z' .' V /-/-;7>Z~c-
20 City A' orney
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1/9/87
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