HomeMy WebLinkAboutMC-14741 ORDINANCE NO. MC -1474
2 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
3 BERNARDINO, CALIFORNIA AMENDING CHAPTER 2.45 OF THE SAN
BERNARDINO MUNICIPAL CODE TO CREATE THE "BUILDING AND
4 ACCESSIBILITY APPEALS BOARD" AND REPEALING RESOLUTION NO. 94-254
5 WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
6 November 8, 2016 municipal election; and
7 WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
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9 WHEREAS, the City Council in implementing the new Charter provisions has
evaluated the community's need for various committees and commissions and desires to
10 eliminate some bodies and consolidate others to increase efficiency and preserve scarce
resources; and
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12WHEREAS, the City Council has determined that the functions of the Board of
Building Commissioners and the Handicap Accessibility Appeals Board (established by
13 Resolution No. 94-254) should be combined and performed by a single body to be called the
Building and Accessibility Appeals Board; and
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WHEREAS, the City Council desires to amend Chapter 2.45 to effectuate this
15 consolidation and otherwise make the Chapter consistent with the new Charter.
16 NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
17 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
18 SECTION 1. Chapter 2.45 of the San Bernardino Municipal Code is hereby
19 amended to read in its entirety as follows:
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Chapter 2.45
21 BUILDING AND ACCESSIBLITY APPEALS BOARD
22 Sections:
23 2.45.010 Members -Appointment
2.45.020 Terms of Office
24 2.45.030 Duties
25 2.45.040 Judicial Review
2.45.050 Oath of Office
26 2.45.060 Chair -Meetings -Absences
2.45.070 Quorum
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28 2.45.010 Members -Appointment
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The Building and Accessibility Appeals Board shall consist of five members who shall
serve at the pleasure of the Mayor and City Council. Applicants for membership on the Board
and all Board members shall be residents of the City of San Bernardino and no member shall
be an employee of the City or hold any other elected office while applying for or holding a
membership seat on the Board. The Board shall include at least two (2) physically disabled
members, two (2) members experienced in building construction, and one (1) member of the
general public. The Mayor shall determine the timing and manner of interviewing qualified
applicants, which may include interviews with the Mayor, an ad hoc council sub -committee
formed for that purpose, or setting of a special meeting with public interviews of those
selected for interview. Each appointee to the Board shall be selected by a vote of the Mayor
and entire City Council. Members shall serve, without compensation, at the pleasure of the
Mayor and City Council. Any member no longer holding the qualifications required for
appointment shall cease to serve as a member, and such member's position shall be deemed
vacant. Any vacancy shall be filled and appointment shall be made in the manner herein
before set forth as for an original appointment.
2.45.020 Terms of Office
Each member of the Building & Accessibility Appeals Board shall serve a four year
term. Terms shall be staggered so that three members are appointed in 2018 for a four year
term and every four years thereafter, and two members are appointed in 2018 for a two year
term and every four years thereafter. The applicable term of that member of the board shall
continue until a successor has been appointed.
2.45.030 Duties
The Board shall have the duty to consider appeals pursuant to Chapter 15.28 adopted
by the City, and any amendments thereto, the duties prescribed in Section 19957.5 of the
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1 California Health and Safety Code, and appeals of Building Code determinations by the City
2 of San Bernardino Building Official, pursuant to Section 113 of the California Building Code
3 and its decisions shall be final.
4 2.45.040 Judicial Review
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Pursuant to Code of Civil Procedure Section 1094.5 and 1094.6, any action to review a
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7 decision of the Building and Accessibility Appeals Board shall be commenced not later than
8 the ninetieth (90th) day after the date the Building and Accessibility Appeals Board's order is
9 adopted.
10 2.45.050 Oath of Office
11 Prior to undertaking his or her duties as a member of the Board, the member shall
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13 subscribe and file his or her official oath of office with the City Clerk.
14 2.45.060 Chair - Meetings -Absences
15 A. The Board shall elect a chair and vice -chair from among its members, and the chair
16 and vice -chair shall serve for a term of one year. The Board shall meet only as required to
17 consider an appeal within its jurisdiction in the City Hall, San Bernardino, California, or such
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other place within the City as the Board may select.
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20 B. If a member of the Board fails to attend three consecutive noticed meetings without
21 excuse from the chair, which excuse must be obtained as soon as possible after notice of the
22 meeting date, he or she shall automatically cease to be a member of the Board, and the chair
23 of the Board shall notify the former member and the Mayor of the declared vacancy.
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C. Meetings of the Board shall be open to the public and shall be governed by the
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26 provisions of the Ralph M. Brown Act, Sections 54950.5, et seq., California Government
27 Code, except as otherwise provided by law.
28 2.45.070 Quorum
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1 Any three members in attendance at any meeting shall constitute a quorum.
2 SECTION 2. Resolution No. 94-254 is repealed.
3 SECTION 3. In the event that any appeal within the jurisdiction of the Board must be
4 heard prior to appointment of a Board as provided for herein, the Mayor shall appoint
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temporary members to the Board meeting the qualifications of section 2.45.010 to consider
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7 any such appeal.
8 SECTION 4. INCONSISTENCIES. Any provision of the San Bernardino Municipal
9 Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
10 such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
11 provisions of this Ordinance.
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13 SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence,
14 clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
15 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
16 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
17 part thereof. The Mayor and City Council hereby declares that it would have adopted each
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section irrespective of the fact that any one or more subsections, subdivisions, sentences,
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20 clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
21 SECTION 6. PUBLICATION. This Ordinance shall take effect and be in full force
22 thirty (3 0) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
23 from its passage shall be published once in a newspaper of general circulation, printed and
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published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
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26 published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
27 posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
28 and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
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aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AMENDING CHAPTER 2.45 OF THE SAN
BERNARDINO MUNICIPAL CODE TO CREATE THE `BUILDING AND
ACCESSIBILITY APPEALS BOARD" AND REPEALING RESOLUTION NO. 94-254
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7'b day of March 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
x
x
X(S)
X
x
X
XM
ABSTAIN ABSENT
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Georgeann aanna, CM City Clerk
The foregoing Ordinance is hereby approved this 7th day of March 2018.
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R. Carey Dav's, Mayor
City of San ernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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