HomeMy WebLinkAboutS2- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Paul J. Coleman BERNARDINO ADDING SECTIONS 15.16.(
From: Deputy City Attorney Subject:
AMID 15.16.066 TO THE SAN BERNARDIZ
Dept: City Attorney MUNICIPAL CODE AND AMENDING SECTI(
15.16.075 OF THE SAN BERNARDINO
Date: December 10, 1997 -- MUNICIPAL CODE RELATING TO THE
HEARING PROCEDURE AND THE APPEAL
Synopsis of Previous Council action: AND SUMMARY ABATEMENTS AND H ARIN
PERTAINING THERETO, AND EXPENSES
ABATEMENT
On November 4, 1996, Council adopted MC-984 which adopted the
1994 Uniform Fire Code as amended.
R
Recommended motion:
That said ordinance be laid over for final adoption.
Signature
Contact person: Paula J. Coleman Phone: (909) 384-5355
Supporting data attached: Yes Ward: N/A
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No - _
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIO
STAFF REPORT
In order to provide for a uniform hearing procedure and appeal process for both public
nuisances and violations of the Uniform Fire Code, it is recommended that Sections 15.16.066
and 15.16.067 be added to Chapter 15.16 of the San Bernardino Municipal Code regarding the
Uniform Fire Code and to further amend Section 15.16.075.
Section 15.16.065 is being added to the San Bernardino Municipal Code to identify the
hearing procedure to be utilized regarding Uniform Fire Code violations and resulting abatement
proceedings. The procedure is the same as that utilized under chapter 8.30 for Public Nuisances,
except that the Hearing Officer shall be the Fire Chief or his/her designee.
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Section 15.16.066 is being added to the San Bernardino Municipal Code to grant
authority to the Fire Chief or his/her duly authorized representative to perform emergency
abatement and/or closures when Uniform Fire Code violations exist that are an immediate hazard
or danger. It further allows for a hearing relating to the emergency nature of the abatement and
the expenses incurred. This is in accordance with the emergency abatement procedures for public
nuisances as set forth in Section 8.30.150.
Currently, San Bernardino Municipal Code § 15.16.075, which amends 103.1.4.1 of the
Uniform Fire Code, allows for an appeal of the Fire Chief's denial, suspension or revocation of a
permit or his interpretation of the Uniform Fire Code to the Mayor and Common Council.
The amended ordinance allows for an appeal of the Hearing Officer's decision to the
Board of Building Commissioners as the final appeal authority in accordance with the provisions
of Sections 8.30.070, 8.30.080 and 8.30.090.
PJCia1[1516066.RptJ
750264
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND
4 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF
5 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS
PERTAINING THERETO,AND EXPENSES OF ABATEMENTS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 15.16.065 of the San Bernardino Municipal code is hereby added
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as follows:
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15.16.065 Commencement of Proceedings
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12 Whenever the Fire Chief or his/her designated representative reasonably believes
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a violation of the Uniform Fire Code exists, he/she shall commence abatement proceedings in
14 accordance with Chapter 8.30 of the San Bernardino Municipal Code. All hearings shall be
15 conducted by the Fire Chief or his/her designee("Hearing Officer"). The Hearing Officer may hear
16 matters pertaining to both Uniform Fire Code violations and/or public nuisance violations as
enumerated in Section 8.30.010.
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18 SECTION 2. Section 15.16.066 of the San Bernardino Municipal Code is hereby added
as follows:
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15.16.066 Emergency Abatement/Closure Procedure
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A. Notwithstanding any other provision of this Chapter with reference to the
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Abatement of Uniform Fire Code violations, whenever the Fire Chief or
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his/her duly authorized representative determines that property, a building
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24 or structure is structurally unsafe, or constitutes a fire hazard, or endangers
25 the life, health, property or safety of the public or its occupants, and such
26 condition constitutes an immediate hazard or danger, he or she shall,
immediately and forthwith abate the existing public nuisance, including but
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28 not limited to the closure of the property.
1
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND
2 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF
3 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS
PERTAINING THERETO,AND EXPENSES OF ABATEMENTS.
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5 B. In lieu of the summary abatement hearing procedures for Dangerous
6 Buildings in Section 15.28.140, the Fire Chief or his/her duly authorized
7 representative shall mail, immediately after such emergency
8 abatement/closure, a Notice of Hearing to the owners of the real property
upon which the structure is located. Notice shall be mailed to the address
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as ascertained from title company records, the latest assessment roll of the
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County Assessor, or if no address is so shown, to the address of the
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12 property as such address may be known by the Fire Chief or duly authorized
13 representative. Such notice shall contain the following information:
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1) that a Hearing has been scheduled within twenty (20) days of
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such emergency abatement/closure action before the Fire Chief or his/her
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designee ("Hearing Officer") with the date, time and location of such
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Hearing;
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2) that emergency action was taken with regards to the property;
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19 3) the reason why he/she has taken the action.
'P At the Hearing, the Hearing Officer shall consider all relevant evidence,
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including,but not limited to, applicable staff reports. He or she shall give
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22 any interested person a reasonable opportunity to be heard in conjunction
23 therewith. Based upon the evidence so presented, the Hearing Officer shall
24 determine whether the emergency action was warranted. The hearing shall
not be conducted according to formal rules of evidence or procedure, but
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shall be conducted in a manner generally complying with the Administrative
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Procedure Act at Government Code Section 11370, et seq.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND
2 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF
3 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS
PERTAINING THERETO,AND EXPENSES OF ABATEMENTS.
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C. The expense of the abatement shall be itemized and after a hearing, notice i
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of which is given in substantial compliance with Section 8.30.040, relating i
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7 to the emergency nature of the abatement and the expenses incurred
8 constitute a special assessment and lien against the abated parcel as set forth
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in §§8.30.110, 8.30.120 and 8.30.130.
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10 SECTION 3. Section 15.16.075 of the San Bernardino Municipal Code is hereby
amended as follows:
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15.16.075 Applicant Appeals
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Section 103.1.4.1 of the Uniform Fire Code is amended to read as follows:
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14 103.1.4.1 The applicant may appeal the Hearing Officer's denial, suspension
or revocation of a permit or his interpretation of this code to the Board of Building Commissioners
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within ten days from the date of notice of the decision in accordance with the provisions of§§
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8.30.070, 8.30.080 and 8.30.090. The Board of Building Commissioners shall render its decision
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18 and findings in writing to the Fire Chief with a duplicate copy to the applicant.
103.1.4.1.1 When appeals are filed, a processing fee in an amount established
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by resolution of the Mayor and Common Council shall be paid by the applicant to research and
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process the appeal. The fee shall be paid to the City Clerk.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
15.16.065 AND 15.16.066 TO THE SAN BERNARDINO MUNICIPAL CODE AND
2 AMENDING SECTION 15.16.075 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE HEARING PROCEDURE AND THE APPEAL OF VIOLATIONS OF
3 THE UNIFORM FIRE CODE AND SUMMARY ABATEMENTS AND HEARINGS
PERTAINING THERETO,AND EXPENSES OF ABATEMENTS. I
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5 1 HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on
7 the_day of , 1997, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 NEGRETE i
11 CURLIN
12 ARIAS
13 OBERHELMAN
14 DEVLIN
15 ANDERSON
16 MILLER
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City Clerk i
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The foregoing ordinance is hereby approved this_day of 1996.
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22
TOM MINOR, Mayor
23 City of San Bernardino
24 Approved as to
form and legal content-
25
JAMES F. PENMAN,
26 City Attorney
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y: i z '�_
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