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HomeMy WebLinkAboutS6- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: Ordinance Amending Chapter 15.12 Amending Section 15.12.040 and Adding Sections 15.12.100, 15.12.110, 15.12.120, Dept: City Attorney 15.12.130 and 15.12.140 Relating to 0 Compliance Extensions for Unreinforced Masonry Buildings and Sign Posting. Date September 3, 1996 u Synopsis of Previous Council action: 1. Ord. MC-873 on 5/24/93; 2. Ord. MC-718 on 4/2/90; 3. Ord. MC-265 on 4/4/83. Recommended motion: That said Ordinance be laid over for final adoption. Signature Contact person: James F. Penman Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No._ S-�p e STAFF REPORT Council Meeting Date: Tuesday September 3. 1996 TO: Mayor and Common Council FROM: Charlene D. Kobrine, Deputy City Attorney DATE: August 29, 1996 AGENDA ITEM: Unreinforced Masonry Buildings At a meeting of the Mayor, Director of Planning and Building Services and City Attorney on August 22, 1996, there was a discussion on the compliance dates for Class II' unreinforced masonry buildings. As of April 15, 1996, Class II buildings were required to obtain a structural analysis, plans and a building permit to rehabilitate the building. Thirty buildings were identified as Class 11 unreinforced masonry buildings. Of the 30 buildings, 26 buildings (which contain 33 businesses) are not in compliance. In the proposal before you, Class II building owners would be granted a three year extension from 1996 to rehabilitate the building provided that within 30 days of receiving notice that this ordinance has been enacted, the building owner posts a sign at the entrance of the building informing the public that unreinforced masonry buildings may be unsafe in the event of an earthquake. Class III buildings are required to comply with the analysis and plan requirements by 1997 but will also receive a three year extension from 1997 provided the building owner posts the sign by April 15, f 997. Class IV building owners will receive a three year extension from 2000 provided the building owner posts the sign by April 15, 1999. If the building owner fails to comply with the required dates to rehabilitate the building or post the sign, the building owner is required to vacate the premises. Each day the building owner fails to post the sign or rehabilitate the building within the required dates or vacate the building, will constitute a separate misdemeanor offense. 'Class II- High Risk Buildings- Occupied by 100 persons or more. Class III- Medium Risk Buildings- Occupied by 99-20 persons. Class IN/- Low Risk Buildings- Occupied by 20 or less. I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING 3 SECTION 15.12.040 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.12Q, 15.12.130, AND 15.12.140 TO THE SAN BERNARDINO MUNICIPAL CODE 4 RELATING TO EXTENDING THE COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN POSTING 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Section 15.12.040 5.C. is hereby amended to read as follows: 8 "5. Order - Contents. 9 C. The order shall specify that the building has been determined by the Building Official to be within the scope of this Chapter and, therefore, is 10 required to meet the minimum seismic standards of this Chapter. The order shall specify the rating classification of the building and shall be 11 accompanied by a copy of this Section (15.12.040), which sets forth the 12 owner's responsibilities and time limits for compliance." 13 SECTION 2. Section 15.12.040 6.A. is hereby amended to read as follows: "6. Enforcement. 14 A. Any building within the scope of this Chapter which does not 15 comply with the requirements of this Chapter within the time limits as specified herein, is deemed to be a public nuisance. If the 16 owner in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this 17 Chapter within any of the time limits set forth in Table No. A-1-G (15.12.040, 2.), the Building Official shall verify that the record 18 owner of this building has been properly served. If the order has been served on the record owner, then the Building Official shall 19 order the entire building vacated until such order has been complied with. The owner may appeal this order to vacate to the 20 Board of Building Commissioners within 15 days." 21 SECTION 3. Section 15.12.100 is hereby added to Chapter 15.12 of the San Bernardino 22 Municipal Code relating to compliance extension for Class II buildings and sign posting, to read as follows: 23 "15.12.100- CLASS II BUILDINGS, COMPLIANCE 24 EXTENSION AND SIGN POSTING. 25 Notwithstanding any other provision in this Chapter, any building owner who has received actual or constructive notice that 26 the building is an unreinforced masonry building, whether vacant or occupied, that has been designated Class II by the Building Official 27 28 1 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING 2 SECTION 15.12.040 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO THE SAN BERNARDINO MUNICIPAL CODE 3 RELATING TO EXTENDING THE COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN POSTING 4 5 shall comply with the following: a. On or before April 15, 1999 the building owner shall 6 submit a structural analysis, and plans and shall obtain a building permit from the Building Official. Within 30 days of receiving 7 written notice of this section, said building owner shall post and maintain in a conspicuous and unobstructed place at the entrance of 8 the building, a sign not less than 5" X 7" the following statement, 9 printed in not less than 30-point bold type: `This is an unreinforced masonry building. Unreinforced masonry 10 buildings may be unsafe in the event of a major earthquake.' 11 b. If the sign provided for in subsection (a) is not posted or maintained as required, the building owner shall vacate the premises as 12 required pursuant to Section 15.12.040 Subsection 6.A." 13 SECTION 4. Section 15.12.110 is hereby added to Chapter 15.12 of the San Bernardino Municipal Code relating to compliance extension for Class III buildings and sign posting, to 14 read as follows: 15 "15.12.110- CLASS III BUILDINGS, COMPLIANCE EXTENSION AND SIGN POSTING. 16 Notwithstanding any other provision in this Chapter, any 17 building owner who has received actual or constructive notice that the building is an unreinforced masonry building, whether vacant or 18 occupied, that has been designated Class III by the Building Official shall comply with the following: 19 a. The building owner shall receive 1) an extension to April 15, 2000 to submit a structural analysis, and plans and 2) an 20 extension to April 15, 2001 to obtain a building permit from the Building Official, provided that on or before April 15, 1997, said 21 building owner posts and maintains in a conspicuous and unobstructed place at the entrance of the building, a sign not less 22 than 5" X 7" the following statement, printed in not less than 30- point bold type: 23 `This is an unreinforced masonry building. Unreinforced masonry 24 buildings may be unsafe in the event of a major earthquake.' 25 b. If the sign provided for in subsection (a) is not posted or maintained as required, the building owner shall vacate the 26 premises as required pursuant to Section 15.12.040 Subsection 6. A." 27 28 2 z I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040 2 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE 3 COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN POSTING 4 SECTION 5. Section 15.12.120 is hereby added to Chapter 15.12 of the San Bernardino 5 Municipal Code relating to compliance extension for Class IV buildings and sign posting, to read as follows: 6 "15.12.120- CLASS IV BUILDINGS, COMPLIANCE, 7 EXTENSION AND SIGN POSTING. 8 Notwithstanding any other provision in this Chapter, any building owner who has received actual or constructive notice that the 9 building is an unreinforced masonry building, whether vacant or occupied, that has been designated Class IV by the Building Official 10 shall comply with the following: a. The building owner shall receive 1) an extension to April 15, 2002 11 to submit a structural analysis, and plans and 2) an extension to April 15,2003 to obtain a building permit from the Building Official, provided that on or 12 before April 15, 1999, said building owner posts and maintains in a conspicuous and unobstructed place at the entrance of the building, a sign not 13 less than 5" X 7" the following statement, printed in not less than 30-point bold type: 14 `This is an unreinforced masonry building. Unreinforced masonry 15 buildings may be unsafe in the event of a major earthquake.' 16 b) If the sign provided for in subsection (a) is not posted or maintained as required,the building owner shall vacate the premises as 17 required pursuant to Section 15.12.040 Subsection 6. A." 18 SECTION 6. Section 15.12.130 is hereby added to Chapter 15.12 of the San Bernardino 19 Municipal Code relating to notice for compliance extensions and sign posting for Sections 15.12.100, 15.12.110 and 15.12.120 to read as follows: 20 21 "15.12.130- NOTICE. 22 Notice, as required in sections 15.12.100, 15.12.110 and 15.12.120 , shall be issued by the Building Official to the owner 23 of the building as determined by a title search, completed no sooner than three months prior to giving notice, in writing and either 24 personally served on the owner or sent certified mail return receipt requested." 25 26 /// 27 28 3 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040 2 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE 3 COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN POSTING 4 5 SECTION 7. Section 15.12.140 is hereby added to Chapter 15.12 of the San Bernardino Municipal Code relating to penalty for noncompliance with Sections 15.12.100, 15.12.110 and 6 15.12.120 to read as follows: 7 "15.12.140- PENALTY. 8 Failure to comply with sections 15.12.100, 15.12.110 or 15.12.120 is a misdemeanor,and every day the building owner fails to vacate the premises or display 9 the sign mandated by this Chapter, shall constitute a separate violation of this section. The penalty provided for in this section does not exclude any other remedy and shall 10 not be construed to prevent the City from also bringing an administrative proceeding or other civil action to cause any building to be vacated and or demolished." 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2 15.12 OF THE SAN BERNARDINO MUNICIPAL CODE AMENDING SECTION 15.12.040 AND ADDING SECTIONS 15.12.100, 15.12.110, 15.12.120, 15.12.130, AND 15.12.140 TO 3 THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EXTENDING THE COMPLIANCE DATES FOR UNREINFORCED MASONRY BUILDINGS AND SIGN 4 POSTING 5 I 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, 7 held on the day of , 1996, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN ARIAS 10 OBERHELMAN DEVLIN 11 ANDERSON MILLER 12 13 14 CITY 15 The foregoing Ordinance is hereby approved this day of , 1996 16 17 TOM MINOR, Mayor 18 City of San Bernardino 19 Approved as to form 20 and legal content: 21 JAMES F. PENMAN, City Attorney 22 23 By: 24 25 26 27 28 5 s