Loading...
HomeMy WebLinkAbout28- Planning & Building Services CI'T'Y OF SAN BEr' 11ARDINO - REQUES' FOR COUNCIL ACTION Conceptual approval of UnreinforcE From: Al Boughey, Director Subject: Masonry (URM) Building Program Dept: Planning & Building Services Mayor and Common Council Meeting November 2 , 1992 Date: October 15 , 1992 Synopsis of Previous Council action: See Page #2 of Request for Council Action. Recommended motion: 1 . That conceptual approval is given to the Financial Assistance Plan as outlined in the staff report dated October 8 , 1992 . 2 . That conceptual approval is given to the revised Unreinforced Masonry Building Ordinance as outlined in the staff report dated October 8 , 1992 . Al Boughey ignatu Contact person: Larry E. Reed/, Asst. Director Phone: 384-5357 Supporting data attached: Memo/to LRC, Staff Report, Ward: Citywide Attychment 1 FUNDING REQUIREMENTSX' Amount:_ N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: CITY OF E BERNARDINO - REQUEST FOR )UNCIL ACTION From: Al Boughey, Director Subject: Conceptual approval of Unreinforced Masonry (URM) Dept: Planning & Building Services Building Program Date: October 15, 1992 Mayor and Common Council Meeting November 2, 1992 Synopsis of Previous Council Action: April 4 , 1983, Mayor and Common Council adopted earthquake hazard reduction in existing building ordinance. (SBMC 15. 12) August 18, 1989, Council/Redevelopment Commission authorized the use of CDBG funds to do a survey to identify potential URM buildings as required by the 1986 state legislation. (SB547) October 2, 1989, Mayor and Common Council approved a contract with EQE Engineering of San Francisco, California to do the URM survey. January 31, 1990, EQE Engineering submitted the URM survey to the City. (received and filed) April 2 , 1990, Mayor and Common Council adopted the MC-718 amending Municipal Code Section 15. 12 . 050 regarding URM buildings and Resolution 90-117, adopting procedures and time periods for implementing a URM Mitigation Program. June 4 , 1990, Mayor and Common Council adopted Resolution 90-214 eliminating specific wording relating to demolition and referring URM Program to the Council's Legislative Review Committee to re-examine time periods for upgrading URM buildings. Between August 19, 1990 and October 1991, Legislative Review Committee has discussed the URM Program four times and providing conceptual approval of a revised URM ordinance, public information program and directed City staff to look at the feasibility of developing a local financial assistance plan. April of 1992, the Council Legislative Review Committee (LRC) gave conceptual approval to a staff proposed financial assistance plan and asked staff to begin identifying and putting in place all elements of a financial assistance plan. October 8, 1992, Legislative Review Committee cleared the URM Program to the Council for conceptual approval. Page 2 • 0 0 INTEROFFICE MEMORANDUM CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES TO: Legislative Review Committee FROM: Larry E. Reed, Assistant Director DATE: October 2 , 1992 RE: Proposed Unreinforced Masonry (URM) Building Program COPIES: Al Boughey, Director of Planning and Building Services; Ken Henderson, Executive Director of Development Department; Joe Lease, Building Inspection Supervisor ------------------------------------------------------------------- On April 22, 1992 , the staff presented a revised Unreinforced Masonry Building Program to the Legislative Review Committee and requested the Committee clear the program onto the Mayor and Common Council. The Committee reviewed the proposed URM program and suggested staff work with a small group of URM building owners to work out more of the details of a Financial Assistance Plan prior to taking the program to the Council. A. Completed Work Elements; the following is an outline of the work staff has completed since April of 1992 . 1. In May of 1992 ; Planning and Building Services staff contacted several URM building owners to help the City in working out the details of a financial assistance plan. 2 . June 3, 1992 ; The Development Department and Planning and Building services staff met with eight URM owners or their representatives. The group overall was encouraged by the City's efforts to provide financial assistance. This small group of URM owners raised the following concerns about the proposed financial assistance plan. a. The amount of money, owners must provide to the City up front to join the district can not be too great an amount. b. Subrogation rights. 0 0 Interoffice Memo Proposed Unreinforced Masonry (URM) Building Program October 2 , 1992 Page 2 C. Realistic interest rates on seismic upgrading loans. Quoting Paul Quinton, URM owner "in reality, I'm afraid that to really get cooperation (of URM owners) the terms of the loans must be better than competitive" . d. Don't go too fast; URM owners need assistance from the City to determine rehabilitation costs and help in getting accurate estimates for upgrading their buildings. 3. June of 1992 ; The City has set aside $150, 000 of Community Development Block Grant Funds (CBDG) funds to be used by the Development Department to help URM owners pay for the preliminary structural analysis of their building. 4. July 30, 1992 ; Planning and Building Services sent out a request for proposals to Engineering firms to work with URM building owners do the preliminary structural analysis. o Proposals submittal deadline was August 31, 1992. o Selection of firm(s) will be completed the end of September. B. Future Work Elements; 1. A follow up meeting with the smaller group of URM owners concerning the Structural Analysis Assistance Plan (tentative date - late September, first half of October of 1992) . 2 . Council approval of URM program in concept (tentative date - October 19, 1992) . o The conceptual approval by Council of the Assessment District (Bond Loan Program) . 0 The conceptual approval of revised ordinance. 0 0 Interoffice Memo Proposed Unreinforced Masonry (URM) Building Program October 2, 1992 Page 3 3 . Mail out letters to URM building owners explaining the proposed Financial Assistance Program and revised ordinance. (first part of October of 1992) . 4 . A meeting with affected URM owners to explain the financial assistance available to do the preliminary structural analysis and secondly to outline the proposed voluntary Assessment District Financing Plan and the proposed new ordinance (tentative date - mid November of 1992) . 5. Review of owner responses (last part of November 1992) . 6. Council adoption of revised URM Ordinance with longer compliance time frames (December of 1992) 7. Completion of the preliminary structural analysis and estimates for upgrading URM buildings (estimated time frame - 5 months ending the first of April, 1993) . 8. Development of a voluntary Assessment District and procedures for loaning the money including a meetings with a smaller group of URM owners (tentative date - April, 1993) . 9. Council approval of voluntary Assessment District Financing Plan and authorization to sell bonds (tentative date - May, 1993) . 10. Meeting with all affected URM owners to explain the voluntary Assessment District (Bond Loan Program) (tentative date - May-June 1993) . 11. Bond issuance (tentative time - 4-5 months minimum) . 12. Loan agreements with URM owners (tentative time frame - varies) . 13. Owners contract for preparation of structural plans and the issuance of building permits to do the seismic upgrading (tentative date beginning of September, 1993 with an approximate time frame - 2-4 months to prepare the structural plans) . 14. Owner contracts to do the seismic upgrading work and completion of work (time frame - 6-18 months) . f f Interoffice Memo Proposed Unreinforced Masonry (URM) Building Program October 2, 1992 Page 4 15. Take appropriate action against those URM building owners that are not part of Financial Assistance Program and have not upgraded their URM building (per ordinance time frame) . C. Recommendation; Staff is requesting the committee clear the program as outlined above onto the Mayor and Common Council with a recommendation of support in the following areas: 1. Conceptual approval of the financial assistance plan as outlined in the staff report. 2. Conceptual approval of the proposed Unreinforced Building Ordinance Municipal Code Chapter 15. 12 (see attached "I") . First reading of ordinance to be scheduled in December of 1992 . Adpok STAFF REPORT OCTOBER 8, 1992 Two aspects of the City's unreinforced masonry (URM) building program is addressed in this report. I. A conceptual plan for providing financial assistance to URM building owners. II. Ordinance amending Chapter 15. 12 (entire chapter has been revised. ) I. FINANCIAL ASSISTANCE PLAN Staff is suggesting that the City sell bonds, the proceeds of which will be loaned to URM owners to do the seismic structural retrofitting. Work other than seismic and safety retrofitting will be the responsibility of the owner. As a voluntary citywide financial district, the major elements are as follows: A. Buildings must be part of the City's URM program (the program specifically excludes warehouses and similar structures not used for human habitation, and buildings with less than five dwellings units and used solely for residential purposes. ) Buildings which, have been, are being, or will be retrofitted are eligible for the proposed financing district. Buildings which have plans approved prior to January 31, 1990 are not eligible for this URM financial assistance program; thus, they are not eligible for the proposed financing district. B. This is a voluntary program. Under this program only owners who want to voluntarily be part of the assessment district would be eligible to participate. Owners must advance the City $ (amount has not yet been determined) for pre-bond expenses. A sufficient number of owners must be willing to participate in order to make the bonds economically and administratively feasible. Staff does not currently know how many URM owners it will take to make this financing plan feasible. C. Owners must provide reliable cost estimates from engineers or architects for the seismic upgrading. Non-safety retrofit improvements cannot be financed under the program. NOTE: The City has reserved $150, 000 of Community Development Block Grant funds to assist URM owners in providing reliable cost estimates to retrofit their buildings. L: 0 Unreinforced Masonry Building Program October 8, 1992 Page 2 D. Building eligibility will be based upon value to lien ratio. In order to make the bonds attractive to institutional buyers, each building must pass a test of the value of the property in relation to the liens against them. Required appraisal will be part of the process. E. The owners must enter into an agreement with the City's Development Department to do the seismic upgrading of their building prior to any disbursement of the bond proceed funds. F. All current property taxes must be paid to be included in the financing district. G. The interest rate for bonds the City sells will not be tax-exempt; rather, the rate will be comparable to other taxable bonds. Federal law prohibits the City from selling tax-exempt bonds for privately- owned buildings. The City of Long Beach of June 1990 sold similar bonds with a 11.4% interest rate. For example, if $125, 000 were the retrofit cost, payments twice a year through the owner's property tax bill for a 20-year loan at nine 9% interest, compounded, each of the two payments a year will be about $6,750. On a yearly basis, that is approximately $13,500. Although interest rates have gone down the actual amount of interest won't be known until bonds are sold. II. URM BUILDING ORDINANCE Chapter 15. 12, (see Attachment I) , the entire document has been revised. This was done for the following reasons: * A detailed technical review of the City's original 1983 ordinance reveals several technical flaws. * The technical design requirements are outdated. (1988 and 1989 earthquake force studies have led to changes in the design formulas) . * Compliance Time Frame Changes Requested by the Legislative Review Committee * New State Legislation (AB204) 0 Unreinforced Masonry Building Program October 8, 1992 Page 3 Staff became aware of new State Legislation (AB204) . This law requires local jurisdictions to adopt the design standards for the rehabilitation of unreinforced masonry buildings contained in Uniform Code for Building Conservation (UCBC) , Appendix Chapter 1 on or before July 1, 1993 . Also, during the course of revising the ordinance, staff contacted Mr. L. Thomas Tobin, Executive Director of the California Seismic Safety Commission, to obtain information regarding the State's new model ordinance, which is composed of recommended administrative provisions and UCBC Appendix Chapter 1. This model ordinance, which reflects the current state-of-the-arts for retrofitting of URM bearing wall buildings was developed by a partnership of entities which included International Conference of Building Officials (ICBO) , California Building Officials Association (CALBO) , California Seismic Safety Commission, and the Structural Engineers Association of Northern and Southern California. This model ordinance is a further refinement of the State's 1985 model code in the Los Angeles City's Division 88 and was develop using empirical data obtained from numerous seismic performance evaluations of URM buildings following the recent Whittier narrows in the Loma Prieta Earthquake. Staff also had the opportunity to talk with Mr. Fred Herman, Building Official for the City of Palo Alto, who is a member of the committee which developed this model ordinance. He has informed staff that his city, as well as a number of others, have already adopted this ordinance. The ordinance being recommended for adoption is based upon the State's model ordinance and the Legislative Review Committee's recommended time periods for upgrading URM's. The following features are contained in the proposed ordinance: * The compliance time periods requested by Legislative Review Committee are included in Table No. A-1-6 as well as the three-year extension of time allowed for tying wall to floor and roof structure. a • 0 Unreinforced Masonry Building Program October 8, 1992 Page 4 * UCBC Appendix Chapter One (1) is adopted by Reference * Revised Administrative provisions which are an amalgamation of those presently contained in Chapter 15. 12 , Resolution 90-117, and the Seismic Safety Commission's "Recommended Model Ordinance". i 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15. 12 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE UNIFORM CODE FOR 3 BUILDING CONSERVATION, 1991 EDITION, AND AMENDMENTS THEREON TO ESTABLISH A MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS, 4 AND REPEALING RESOLUTIONS 90-117 AND 90-214 . 5 WHEREAS, the City of San Bernardino is located on and to the 6 southeast of the intersection of the San Andreas and the San 7 Jacinto earthquake faults, and 8 WHEREAS, the City of San Bernardino is located within Seismic 9 Zone 4 as defined in Chapter 2-23 of Part 2 of Title 24 of the 10 California Administrative Code, and 11 WHEREAS, Section 8875. 1 of the California Government Code 12 requires all cities within Seismic Zone 4 to identify unreinforced 13 masonry buildings, and to establish a mitigation program, and 14 WHEREAS, the City has identified unreinforced masonry 15 buildings in the City of San Bernardino in an Unreinforced Masonry 16 Building Survey performed by EQE Engineering and on file with the 17 City Clerk, and 18 WHEREAS, pursuant to Sections 17958 and 17922 of the 19 California Health and Safety Code, local governing bodies are 20 required to adopt Appendix Chapter 1 of the Uniform Code for 21 Building Conservation, and 22 WHEREAS, the City of San Bernardino, in an effort to eliminate 23 unsafe unreinforced masonry buildings and to reduce the potential 24 loss of life and property damage caused by a major earthquake, 25 needs to establish a mitigation program, 26 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 27 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 28 1 Attachment "1 " 0 1 SECTION 1. Section 15. 12 . 010 of the San Bernardino 2 Municipal Code is hereby amended as follows: 3 1115. 12 . 010 Adoption of Code by Reference. 4 Those standards and regulations, as set forth in Appendix 5 Chapter 1 of the Uniform Code for Building Conservation of the 6 International Conference of Building Officials, 1991 Edition, are 7 hereby adopted by reference as the regulations governing the 8 seismic strengthening of unreinforced masonry bearing wall 9 buildings within the City of San Bernardino. 10 Copies of this code shall be kept on file in the City Clerk's 11 Office for inspection and reference and a copy of this code shall 12 be furnished to the Director of the Planning and Building Services 13 Department. 14 In the event of any inconsistency or conflict between the 15 above code and the requirements of other City codes or State 16 statutes, the City codes shall apply. " 17 SECTION 2 . Section 15. 12 . 020 of the San Bernardino 18 Municipal Code is hereby amended as follows: 19 "Section 15. 12 . 020 Uniform Code for Building Conservation, 20 Appendix Chapter 1, Section A101 amended - 21 PURPOSE 22 Section A101. The purpose of this Chapter is to promote 23 public safety and welfare by reducing the risk of death or injury 24 that may result from the effects of earthquakes on buildings with 25 unreinforced masonry bearing walls. Such buildings have been 26 widely recognized as having sustained life-hazardous damage, 27 including partial or complete collapse during past moderate to 28 2 I strong earthquakes. 2 The provisions of this chapter are intended as minimum 3 standards for structural seismic resistance, and established 4 primarily to reduce the risk of life loss or injury. Compliance 5 with these provisions will not necessarily prevent loss of life or 6 injury, or prevent earthquake damage to rehabilitated buildings. 7 This chapter provides standards for the classification of 8 buildings with unreinforced masonry bearing walls based on their 9 present or proposed use. Priorities, time limits, and standards 10 are established under which certain buildings which are identified 11 to be of unreinforced masonry bearing wall construction shall be 12 structurally analyzed and anchored. Where the analysis determines 13 deficiencies, this chapter requires the building to be 14 strengthened. Owners of other buildings within the scope of this 15 chapter may voluntarily apply for approval to proceed under this 16 chapter. " 17 SECTION 3 . Section 15. 12. 030 of the San Bernardino 18 Municipal Code is hereby amended as follows: 19 1115. 12. 030 Uniform Code for Building Conservation, Appendix 20 Chapter 1, Section A102 (a) amended - 21 SCOPE 22 Section A102 (a) General. The provisions of this chapter subject to 23 the limitations of Subsections (b) and (c) shall apply to existing 24 buildings having at least one unreinforced masonry bearing wall 25 which were constructed or under construction prior to July 8, 1937, 26 or for which a building permit was issued prior to July 8, 1937, or 27 which on the effective date of this ordinance have unreinforced 28 3 ' Z] 0 1 masonry bearing walls as defined herein. The provisions of this 2 chapter also apply to unreinforced masonry buildings constructed 3 prior to June 1, 1946, which at the time of their construction were 4 located outside of the City limits, and which have subsequently 5 been annexed into the City. 6 These buildings include those buildings identified in the 7 Unreinforced Masonry Building Survey dated January 31, 1990 8 conducted by EQE Engineering and on file with the City Clerk, and 9 any buildings which may be subsequently identified as unreinforced 10 masonry bearing wall buildings by the Building Official. 11 EXCEPTION: The following occupancies are exempt from 12 compliance with the requirements of this chapter, provided their 13 use does not change or is not intensified. 14 1. Detached one or two-family dwellings and detached 15 apartment houses containing less than five dwelling units and used 16 solely for residential purposes. 17 2 . Unoccupied warehouses or similar structures, when the 18 Building Official determines that such structures do not pose a 19 significant threat to adjacent buildings or public ways. 20 SECTION 4 . Section 15. 12 . 040 of the San Bernardino 21 Municipal Code is hereby amended as follows: 22 1115. 12. 040 Uniform Code for Building Conservation, Appendix 23 Chapter 1, is hereby amended by adding Section A111 (c) through 24 A111 (e) - 25 Section A111(c) Compliance Requirements. 26 1. The owner of each building within the scope of this 27 chapter shall, upon service of an order and within the time limits 28 4 0 1 set forth in this chapter, cause a structural analysis to be made 2 of the building by an engineer or architect licensed by the state 3 to practice as such and, if the building does not comply with the 4 earthquake standards specified in this chapter, the owner shall 5 cause it to be structurally altered to conform to such standards. 6 2. The owner of a building within the scope of this chapter 7 shall comply with the requirements set forth above by completing 8 each of the required actions within the corresponding time limits 9 as specified in Table No. A-1-G. 10 11 I TABLE NO. A-1-G TIME LIMITS FOR COMPLIANCE *** 12 I --------------------- 13 Required Action I Classification of Building �By owner i I i 11 1 III 1 IV I 14 ------------- ------------------- ---------�( Submit Structural,Analysis ** i I I I 15 iWithin: 1 6 monthsl 1 year 1 2 years 1 4 years 1 16 ( Submit Plans I I 1 17 iWithin: i 1 year 11.5 yearsi 3 years i 5 years i Obtain Building I I i 19 , Permits Within: 11.5 yearsi 2 years 1 4 years i 6 years 20 I I (5 yr) * 1 (7 yr) * 1 (9 yr) * I ------------------------------------------------------------i i Commence 21 ( Construction iWithin: 1 2 years 12. 5 yrs. 14 . 5 yrs. 16.5 yrs. 1 * 1 i i (5.5yr) i (7 5Yr) *- i (9. Syr) ( Complete 24 , Construction I I I 1 1 (Within: 1 3 years 1 4e 1 years year 1 8 years 1 25 1 1 1 (7Y ) 1 (9 yr) I (llyr) * I 26 --------------------- 27 * If wall anchors are installed at the floor and roof diaphragms 28 5 0 0 I within the specified time limits, the time limits in parenthesis 2 apply to the remaining work required to complete the rehabilitation 3 of the building in conformance with the structural analysis, the 4 approved plans, and the requirements of this chapter. 5 ** If after the structural analysis is reviewed by the Building 6 Official, and if it is determined by the Building Official that is 7 demonstrates compliance with the requirements of this chapter, no 8 further action if required by the owner. 9 *** Time limits for compliance are measured from the date the order 10 is served. 11 (d) Historical Buildings. Alterations or repairs to qualified 12 historical buildings, as defined by Section 18955 of the Health and 13 Safety Code of the State of California and as regulated by Sections 14 18950 to 18961 of that Code, as designated on official national, 15 state, or local historical registers or inventories shall comply 16 with the State Historical Building Code (California Code of 17 Regulations Title 24 , Building Standards, Part 8) , in addition to 18 this chapter. 19 (e) Administration. 20 1. Subsequent Identification of Buildings. The Building 21 Official may identify additional unreinforced masonry buildings 22 after the effective date of this ordinance which may have been 23 missed in the original survey. ATC 21, as published by the Applied 24 Technology Council, shall be used as a guideline for 25 identification. 26 Prior to adding a building to the active list, the Building 27 Official shall notify the owner of record that the building has 28 6 0 0 LS 1 been identified as having unreinforced masonry bearing walls, and 2 afford the owner the opportunity to submit documentation to the 3 contrary. 4 2 . Order - Service. 5 A. The Building Official shall issue an order as provided in 6 this section to the owner of each building within the scope of this 7 chapter. The order shall be in writing and shall be served either 8 personally or by certified mail, return receipt requested, upon the M 9 owner as shown on the last equalized assessment role. 10 B. Prior to or simultaneous to the service of the order, a 11 bulletin may be issued to the owner, and all tenants of the 12 building. The bulletin may contain information the Building 13 Official deems appropriate. The bulletin may be issued by mail or 14 in person. 15 3 . Order - contents. 16 The order shall specify that the building has been determined 17 by the Building Official to be within the scope of this chapter 18 and, therefore, is required to meet the minimum seismic standards 19 of this chapter. The order shall specify the rating classification 20 of the building and shall be accompanied by a copy of Section 21 A111 (c) , which sets forth the owner's responsibilities and time 22 limits for compliance. 23 4. Appeal from Order. 24 A. The owner of the building may appeal to the Building 25 Official the initial determination that the building is within the 26 scope of this chapter. Such appeal shall be in writing on a form 27 provided, and shall be filed with the Director of Planning and 28 //// 1 0 1 Building Services within 30 days from the service date of the 2 order. The Building Official shall schedule an informal hearing I 3 with the owner within 60 days of receipt of the appeal. The 4 Building Official shall review any evidence submitted by the owner 5 or other interested parties, and the requirements of this chapter. 6 Following the hearing, the Building Official shall respond to the 7 appeal in writing within 30 days, stating his decision and the 8 grounds thereof clearly and concisely. 9 B. The owner of the building may appeal the Building 10 Official's decision to the Board of Building Commissioners. Such 11 appeal must be filed with the Board within 30 days of the date of 12 the Building Official's decision. Appeals or requests for 13 modifications from any other determinations, orders or actions by 14 the Building Official pursuant to this chapter shall be made in 15 accordance with the procedures established in Sections 105 and 106 16 of the Building Code. 17 All orders of the Board of Building Commissioners regarding 18 unreinforced masonry buildings shall be final unless appealed 19 within fifteen (15) days to the Mayor and Common Council pursuant 20 to Section 2 . 64 of the San Bernardino Municipal Code. 21 5. Recordation. 22 At the time that the Building Official serves the 23 aforementioned order, the Building Official shall also file with 24 the Office of the County Recorder a certificate stating that the 25 subject building is within the scope of this chapter and is a 26 potentially earthquake hazardous building. The certificate shall 27 also state that the owner thereof has been ordered to obtain a 28 8 0 1 structural analysis of the building and to structurally alter the 2 structure to bring it into compliance with this chapter. 3 If the building is either demolished, found not to be within 4 the scope of this chapter, or is structurally capable of resisting 5 minimum seismic forces required by this chapter as a result of 6 structural alterations or an analysis, the Building Official shall 7 file with the Office of the County Recorder a form removing the 8 status of the subject building as being classified within the scope 9 of this chapter. 10 6. Enforcement. 11 A. Any building within the scope of this chapter which does 12 not comply with the requirements of this chapter within the time 13 limits as specified herein, is deemed to be a public nuisance. If 14 the owner in charge or control of the subject building fails to 15 comply with any order issued by the Building Official pursuant to 16 this chapter within any of the time limits set forth in Section 17 A111(c) 2 and Table No. A-1-G, the Building Official shall verify 18 that the record owner of this building has been properly served. 19 If the order has been served on the record owner, then the building 20 Official shall order the entire building to be vacated within 30 21 days, and that the building remain vacated until such order has 22 been compiled with. The owner may appeal this order to vacate to 23 the Board of Building Commissioners within 15 days. 24 B. When any order or determination by the Building Official, 25 the Board of Building Commissioners or the Mayor and Common Council 26 has been made pursuant to this chapter, it is unlawful for any 27 person to fail, to neglect or to refuse to obey any such order or 28 9 1 determination. Failure to comply with such order or determination 2 is a misdemeanor, which upon conviction thereof is punishable in 3 accordance with the provisions of Section 1. 12 . 010 of this Code, in 4 addition to any other civil or administrative remedies provided by 5 law. Each day of noncompliance shall constitute a separate 6 violation. 7 C. If, after any order or determination by the Building 8 Official, the Board of Building Commissioners, or the Mayor and 9 Common Council, made pursuant to this chapter becomes final, and 10 the person to whom such order or determination is directed fails, 11 neglects or refuses to obey, the Building Official shall take 12 action to abate such public nuisance, pursuant to Chapter 8. 30 of 13 this code, and to lien the subject property for expenses. " 14 SECTION 5. Sections 15. 12 . 050, 15. 12 . 060, 15. 12 . 070, 15 15. 12 . 080, and 15. 12.090 of the San Bernardino Municipal Code are 16 hereby repealed. 17 SECTION 6. Resolutions 90-117 and 90-214 are hereby 18 repealed. 19 20 21 22 23 24 25 26 27 28 10 1 ORDINANCE. . .AMENDING CHAPTER 15. 12 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE UNIFORM CODE FOR BUILDING CONSERVATION, 1991 2 EDITION, AND AMENDMENTS THEREON TO ESTABLISH A MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS, AND REPEALING RESOLUTIONS 90- 3 117 AND 90-214. 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 5 by the Mayor and Common Council of the City of San Bernardino at a 6 meeting therefore, held on the day of 7 1992 , by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 REILLY 11 FLORES 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing ordinance is hereby approved this 19 day of , 1992 . 20 W. R. Holcomb, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 By: 26 27 28 11