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CITY OF SAN BERNk_IDINO - REQUEST F II COUNCIL ACTION
From: Councilman Jack Reilly
Subject: Code Review Ad Hoc Committee
Report
Dept: Council Office
Date: July 15, 1988
Synopsis of Previous Council action:
Recommended motion:
That minutes of Code Review Ad Hoc Committee meeting held
July 14, 1988 be received and filed.
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Sign'ature
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Contact person:
Phil Arvizo
Phone:
384-5208
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
Agenda I tem No. .s-'I
CODE REVIEW AD HOC COMMITTEE
July 14, 1988
ATTENDEES:
Councilman Jack Reilly - Chairman
Councilman Jess Flores
Depty. City Admin.jDevelopment - Jim Richardson
Building and Safety Director - Mark Sutton
Personnel Director - Gordon Johnson
Acting Public Services Director - Gene Klatt
Council Executive Assistant - Phil Arvizo
Mayor's Project Coordinator - Greg Garcia
Planning Commissioner - Warren Miller
1. INCENTIVE PROGRAM - The Committee received reports
from Building and Safety, Public Works and Personnel Depart-
ments and determined that this item should be held in abey-
ance until a full review of all city departments and the cost
impact can be determined. Methods other than merit increases
are to be considered. Non-monetary recognition avenues are
to be explored. Mr. Sutton was asked to review the possi-
bility of uniforms and badges for his code enforcement
officers. He reported that clearly identified code enforce-
ment cars are already in the works.
2. CITATION AUTHORITY The Committee recommended
approval of the proposed ordinance (attached). Building and
Safety will place the ordinance on the August 1, 1988 Council
Agenda with the Acting City Administrator's approval.
3. LIMITED ISSUANCE OF PERMITS - Item continued to a
meeting to be set in early September.
4. PROPERTY MAINTENANCE - The Committee recommended
approval of the proposed ordinance (attached). continuing
review of code enforcement ordinances and resolutions is
planned by Building and Safety Director.
Meeting
JR:ej
Attch.(2)
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o F S A H 8 ERN A ... D J N 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:
AprilS, 1988
(7401 )
COPIES:
Mayor Wilcox, Ray Schweitzer - Administration, Jim
Richardson - Administration/Development Services,
Roger Hardgrave Public Works/Engineering
Division, Code Review AdUoc Committee
In reviewing the quality of construction and the ability tc
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(5), to read
wThe 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 without 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 HEMG .NDUM. 8804-302
Citation Authority
April 5, 1988
Page 2
If you have any questions regarding this matter, please
contact my office. Thank you.
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Mark I. Sutton,
Director/Building Official
BUILDING & SAFETY DEPARTMENT
MIS/tmo
Enclosure
1
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2 9.90.010 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO
o AUTHORIZE THE DIRECTOR OR BUILDING AND SAFETY AND CODE COMPLIANCE
~ OFFICERS TO ISSUE NOTICES TO APPEAR FOR VIOLATION OF THE SAN
4 BERNARDINO MUNICIPAL CODE AND ALL OTHER CODES INCORPORATED
THEREIN BY REFERENCE.
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12 herein are authorized and empowered to arrest and issue notices
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8/20/87
ORDINANCE NO. "C-606
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 9.90.010 Subsection (A) of the San
Bernardino Municipal Code is amended to read:
-9.90.010 Arrest - Citation.
A.
Pursuant to Sections 836.5, 853.5, and 853.6 of the
California Penal Code, the employees as listed in each subsection
to appear for violations of the provisions of the San Bernardino
Municipal Code as hereinafter set forth:
1.
Security guard personnel, who shall be off duty
or retired police officers or reserve police officers, employed
by the Redevelopment Agency of the City of San Bernardino
pursuant to an agreement between said Agency and the City,
19 relating to a security guard program, are authorized and
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empowered to arrest and issue notices to appear for violations of
the provisions of Chapters 5.04, 8.15, 9.48, 12.44, and Sections
9.12.030 and 10.16.210 for incidents arising in the Central City
Mall and public areas in, adjacent to, or immediately surrounding
said mall.
2.
police Assistants are authorized and empowered
to arrest and issue notices to appear for violations of the
provisions of this Code and state statutes pursuant to California
Penal Code Section 836.5.
1
1 3. The Planning Director, Principal Planners,
2 Senior Planners, Planners II, Planners I and Planning Aides are
3 authorized and empowered to issue notices to appear for
4 violations of the provisions of Titles 18 and 19 of this Code and
5 for violations of Chapters 8.15, 8.18, 8.21, 8.24, 8.27, 8.33,
6 8.36, 10.16, and 15.52 of this Code.
7 4. The Director of Water Reclamation, Environmental
8 Control Representative, and Environmental Control Technicians are
9 authorized and empowered to issue notices to appear for
10 violations of Chapter 13.32 of this code.
11 5. The Director of Building and Safety and Code
12 Compliance Officers are authorized and empowered to issue notices
13 to appear for violations of the San Bernardino Municipal Code and
14 all other codes incorporated herein by reference.-
15 6. The City Attorney Investigators are authorized
16 and empowered to arrest and issue notices to appear for
17 violations of this code and state statutes pursuant to California
18 Penal Code Section 836.5.
19 I HEREBY CERTIFY that the foregoing ordinance vas duly
20 adopted by Mayor and Common Council of the City of San Bernardino
21 at a regular meeting thereof, held on the 21st day of
22 III/III III/III
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8/20/87
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8/20/81
September , 1987, by the fol1owin9 vote, to vita
AYES:
Council "embers Estrada. Reilly, Flores, Haudsley.
Minor. Pope-Ludlam. Hiller
NAYS: None
ABSENT: None
~$/LY'~
./ City Clerk
The foregoing ordinance is hereby approved this 22nd day
of
Septembe r
, ~87. - 1
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Mayor of the City of San Bernardino
Approved as to form
and legal content:
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City AttoTrney
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ORDlNA NeE
: .'.~ORDlNANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
9.90. Q1 0.. StJBSECT I ON A. 5 OF T HE SA N BERHA RDI NO MUNI CI PA L CODE TO
3 Al1l'HORIZE THE DIRECTOR OF BUILDING AND SAFETY AND HIS OR HER
DESIG"NiES ...TO ISSUE NorICES TO APPEAR FOR VIOlATION OF THE SAN
BERNA RDI NO MUNI CI PA L CODE A ND A LL or HER CODES I NCORPORA T ED
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 ISSUE NafrCES TO A PPEA R.
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5
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MA YOR A NO COMMON COUNcr L OF THE CIT Y OF SA N
THE
BERNA RDI NO
DO ORDA r N A S FOLLOWS:
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SECTION 1.
Secti~n 9.90.010 Subsecti~n A.5 ~f the San
10 Bernardin~ Municipal C~de is amended t~ read:
11
"5 .
The Direct~r of Building and Safety, and his/her
12 designees are auth~rized and err:p'.)wered t~ issue "Notices to
13 Appear" for violati~ns of the San Bernardino Municipal Code, and
14 all ~ther codes incorp~rated herein by reference."
15 SECTION 2. Sect ion 7 is added to Subsection A of Sect ion
16 9.90.010 of the San Bernardin~ Municipal Code, to read as
17 follow s :
18 "SECTION 7
19 A. The Director of Public Works/City Engineer and his/her
20 designees ace authorized and empowered to issue "Notices to
21 Appear" for violations of the San Bernardino Municipal Code, and
.,'
22 all oth7~;codes incorporated herein by reference."
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5-17-88
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\,II\V. 0...............'" ""...v...."'.. 7.7V.VIV .::>UL.I..>L.vlJ.Vl\ 1\...1 vr !Nt. .sn,..
BERNARDINO MUNICIPAL CODE; and ADDING SECTION 7 TO SUBSECTION A
OF SECTION 9.' 010 OF THE SAN BERNARDlt' MUNICIPAL CODE
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted. .by the Mayor and Common Counc i 1 of the City of San
B;rna~lno at a meeting thereof, held
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on the
day of. , 1988, by the following
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vote, to wit:
A YES:
Council Members
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8 NA YS:
9 ABSENT:
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The foregoing ordinance is hereby approved this
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day
of _____________, 1988.
]V1yn-~11cox~Maycr-------------------
City of San Bernardino
A PPROVED A S TO FORM
AND CONTENT:
~1ty-Attorney------------
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5-1 7-88
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ORDINANCE
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
8.36.030 SUBSECTION (A) OF THE SAN BERNARDINO MUNICIPAL CODE TO
REMOVE THE EXEMPTION FROM ABATEMENT OF VEHICLES STORED BEHIND A
FENCE OR WALL
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
i
I
SECTION 1. Section 8.36.030 subsection (A) of the San I
Bernardino Municipal Code is amended to read as follows: I
"(A) A vehicle or a part thereof which is completely
enclosed wi thin a building, in a lawful manner where it is not
visible from the street or other public or private property."
I HEREBY CERT I FY that the foregoing ordinance was duly
adopted by the Mayor and Common Counci 1 of the Ci ty of San
Bernardino, at a
meeting held on the
day I
of
, 19__, by the following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19_
Approved as to form
and legal content:
Evlyn Wilcox, Mayor
City of San Bernardino
City Attorney
JFW:ss
May 27, 1988
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CITY 01' SAN BERNARDINO
INTEROFFICE MEMORANDUM
8804-319
TO: James Penman, City Attorney
FROM: Mark I. Sutton, Building' Safety Director
SUBJECT: Abandoned Vehicles on Private Property
DATE:
April 26, 1988
(7422)
COPIES:
Mayor Evlyn Wilcox, Jim Robbins - Administration,
Jim Richardson-Administration/Development Services
Council Office, Chief Newcombe-Fire Department
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Attached is a memo from the Fire Department indicating that
because the vehicle is behind the fence and not visible from
the street, that the abatement of this vehicle is beyond the
scope of the City's authority.
In researching this matter, I was surprised to find that the
Municipal Code 8.36.030(A) supports this statement. I have a
problem with this in that I can clean the entire rear yard
except for abandoned vehicle~ if their is a solid fence
around the rear yard.
I feel that if the City is going to get involved in property
maintenance, that the City should be able to clean the entire
yard and eliminate All present and future problems.
I am requesting that you have MuniCipal Code 8.36.030(A)
revised, and remove the reference to the fence or wall so
that junk and abandoned vehicles can only be stored, on all
properties except as specified in Sub-Section (B), in
enclosed structures.
Modified and partial property maintenance effects have a
tendency to weaken their overall intent.
If you sbould bave any
please contact my office.
questions regarding
Thank you.
this
matter,
D7./~
Mark I. Sutton,
Director/Building Official
BUILDING' SAFETY DEPARTMENT
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Suaie Valkel'
~ Modea~o CM P.o. lox 5051. SaD Benard.iAt Ca. 921e08)
san lenartiao. Cal1torD1a
KarCh 8. 1~
fire PreveDUOD
200 Eaet Third Street
San Bernardino, California Q2!t02
Subject: Unlawfull use of reeidental property
lZ5! t< }qth Street, San Bernardino, California q2~
Please accept thia letter as ~ formal request to correct the ~e-
use of resident&! property described above. Thi& property etoree
8..en to ten junked automobiles vhich are elowly being diemantled
ror used parte. AD auto80bile repair garage is located at tbia
addrese.
My complaint and request for correction is prompted for the following
reason.e :
1. Guard doll' are chained (l.lDder rr:I bedroolD window) which bark
and CT'1 cont1nouah at night. I 40 not d&re to walk the side
of rJ ho.. becawse the dogs poee such a threat to ~ saret1.
2. Ver,y undesirable IDeD are meeting at thie 10eatioD and quite
otten a diaai%'eelZlent will occur and very fowl language can be
read.ily beard.
}. I 8uspect tbe automobiles create a breading place for mi8quitoe
plue a fire hazard when the srus and w.ed.a srow around the
junked .ebiclee.
I feel if thes. automobilee were DOt being stored I voYld Dot be exposed
to the above tore-lDentioned complaints. The acti.itie8 at thia adlSre_s
are Dot Dorsal for a re_idential neighborbood.
I invested S~,OOO.OO, to up-grade this little ~ouse. I built and alao
purchued houe.. in Reche Can,on which were _old. I deCided to uke thi_
aa coafortible .. 8j" hill-top 1n Reche Canyon. My iaprovelDente have
influeDced the neighbore. New roofs, laDdecaping aDd i-,rovements are
obvious in the neighborhood.
Tbe iDyestllent here will bave been IIy 1Di8take if I cannot get help fro.
the goyernaent that controle thie aectioD of the city 1e, rire Department,
(c1suae of Propert1) .\.D1aal Control (barking guard doge), Cit1 Clerk
(city licen.e) Pollce Departll~nt (_eetino place for the UDdi_erablee) and
Cit: Council (repreeentation of the Cit,.).
Becauae of the risk I encounter taking this actioD I think it beet ay
cOII,laint be deemed &nnoyolDou.e, it pos8ible. I reapeetibull,. honor your
d.ecreptioD iD this ID&tter.
ADCerel)J J . /
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." Suei. Walker
CC-Anillal Control-Ci tv Cl er\c-Poli c@ ne~rtl!l@nt-~1 tv ~nun~; 1
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HEAlTH AND SAfETY
wncked, dismantled or .inoperative vehicles or pans thereof IS
public nuisances, the Mayor and Common Council hereby make
the followC fmdinp and declarations: The accumulation anei
storare of abandoned. wrecked. dismantled or inoperative
vehicles or parts thereof on private or public property not in-
cludinC bie}1ways is found to crute a condition tendina to
reduce the value of priV1te property, to promote bll&ht and
deterioration, to invite plundefin&. to create flrt hazards, to
constitute an attnc:ti~ nuisance creatina a hazard to the
health and safety of mino~, to create a harborare for rodents
and ~cts and to be injurious to the health, safety and reneral
welfare. Therefore. the presence of an abandoned, wrecked,
dismantled or inoperativt vehicle or part thereof on private or
public property not including highways. except as expressly
hereinafter permined, is a public nms..nce which may be
abated as such in acrordance with the provisions of this chapter.
(Ord. 3685 (part), 1977; Ord. 2969 S 1 (part), 1969.)
8.36.020 Dermitioas.
AJ used in this chapter:
A. "Highway" means a way or place of whatever natW'C,
publicly maintained and open to the use of the public: for
purposes of vehicular travel. "Highway" includes street.
B. WOwner of the land" means the owner of the land on
which the vehicle. or parts thereof, is located, as shown
on the last eqWlJi7ed assessment roll.
C. WOwner of the vehicle" means the last repstered owner and
legal owner of record.
D. "Public property" does not include "highway."
E. "Vehicle" means a device by which any person or propeny
may be propelled, mo~d or drawn upon a highway except
a device moved by human po....er or used exclusively upon
stationary rans or traeb.
(Ord. 3685 (part), 1977; Ord. 2969 , I (part), 1969.)
8.36.030 Applicability.
This chapter shaD not apply to:
A. A vehicle or part thereof which is com~letelY enc:Josed
....ithin a buildinl.tor by a fence or .!"3F~in a lawful
(San 8cnwdiDo 1-15)
476
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ABANDONED VEHlCLES
manner where it is not visible from the street or other
public or private property; or
B. A vducle or part thereof which is stored or parked in a law-
ful manner on private property in cOMection with the
business of I licensed dismantler, licensed vehicle dealer,
or a junkyard. This ex~ption shall not. however. authorize
the maintenance of a public or private nuisance as defmed
under provisions of law.
COrd. Me-] 53,4-]9-82; Ord. 3685 (part), 1977; Ord. 2969 i 2.
1969.)
8.36.040 Clapter not exclusive.
This clapter is not the exclusive reJUlation of abandoned.
wrecked, dismantled or inoperative vehicles within the City. It
shall supplement and be in addition to the other feJUlatory
code~ $Ututes and ordinances heretofore or hereafter enacted
by the City, the state or any other lepl entity or aaeney havina
jurisdiction. (0rc1. 2969 i 3, 1969.)
8.36.050 Administration aDd enforcement.
Except as otherwise provided in this chapter, the provisions
of this chapter shaD be administered and enforced by the Fire
QUef or other authorized City officer, except that the removal
of vehicle(s) or partes) thereof from property may be by any
other duly authorized person. Any such authorized person may
enter upon private property for the purposes specified in this
chapter to examine a vehicle or parts thereof. obtain informa-
tion as to the identity of a vehicle, and remove or cause the
removal of a vehicle or part thereo! declared to be a nuisance
pursuant to this chapter. (Ord. MC-498. 2.17.86; Ord. 3685
(part), 1977; Ord. 2969 I 4. 1969.)
8.36.060 Ript of franchisee to enter private property.
When the Mayor and Common Council have contracted
with or cranud a franchise to any person or persons. such
person or persons shall be authorized to enter uP9n private
property or public property to remove or cause the removal
of a vehicle or partS thereof declared to be a nuisance pursuant
to this chapter. (Ord. 2969 i 5. 1969.)
477
(San BcmanUno 4-86)