Loading...
HomeMy WebLinkAbout2291 J.J-. ORDINANCE NO~ 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO DECI,ARING BUILD- INGS "/HIGH ARE STRUCTURALI.Y UNSAFE OR HAZARDOUS TO THE PUBLIC .2 SAFETY, HEAI,TH OR \'lEI.FARE Tn BE PUBLIC NUISANCES WHJCH SHALL BE ABATED AFTER NOTICE TO THE O\VNERS THEREOF AND PROVIDING THAT UPON :5 FAUWE OF T'fE OWNERS TO cmpu THERF.:WI'l'H SUCH PHBToTC NUISANCES MAY BJ<~ ABATED BY R~ZING, DEMOIISHING OR R~OVING AMT) 'l'\{E COSTS OR .. CHAJF\ES THEREFOR SFALL BE LEVIED AS ASSb~SSMENTS AND LIENS AGAINST THE REAL PROPERTIES. 5 6 THE MAYOR 4ND COMMON COUNcn OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION ONE. All buildings or structures which Il.re structur- '8 9 ally un!'lafe or which con!'ltitute a fire hazard or whieh in rell?tion to the existing use constitute a hazard to safet;', health or 10 11 nublic welfare, by reason of inadequate maintenance or rel1G\.ir, or 12 13 1" 15 ins.dequate sanitary facilities, or dila.pidation, obsolescenee, abandonment or for any other reason or conditiorr set forth in 16 Ordinance No. 2242 or other ordinance or the "State HOl1sinz; Actl" in t.he Health and Safety Code, are hereby declared unsafe buildings. The definition of unsafe buildings includes hut i.s not l4.~i ted to buildin[';s in which exist one or more of t,he followine; 17 18 conditions: 19 (t) The exterior walls, doors, windows, fJoors or roofs ~re so deteriorl1t.ed, broken or d!!!!18!::ed ps not to exclude rain or wind and by reason of such condi.tiol1l are dan!';erous to human life or 10 21 . 13 1M 2! detrimental to health. (b) The foundations or supporting walls are deterior~.ted or damaged to the extent that the walls list or lean and by reason of s11ch condition are danzerous to human life or detrimenta, 2~ 27 28 29 to health. ill such unsafe buildings are hereby dech.red to be )1ublic nuisG\.nces and such nuisances shall be abated by the repair, demolition, or removal of such unsafe buildings hy the )'lro,.,er 30 31 32 1')rocedure. SECTION TWO. The Building Official of the City of San Rer- nardino ghall exaMine or e~11se to be examined every building or Page 2 1 structure or portion thereof reported as daneerous or damaged, and found to be an unsafe buildin~ the Building Official to the owner of such building or Istructure and any ~ .ortgagee or beneficiary under deed of trust of such building or ructure written notice stating the defects thereof. This notice shall provide that the owner of record, occupant or lessee may ake the repairs, provided that the mortgagee, agent or other ersons having an interest in such buildin~ or structure as shown y the records of the County Recorder of Deeds or Reeistrar of .and Titles of the County may at his own risk, vacate, repair or emoUsh and remove said buildino: or structure. This notice shall 2 if such is i ~ 3 flhall give , , ~ . 7 I 8 9 ! . 10 11 12 13 j: ~ U , 1; 1~ 16 17 18 19 20 21 22 23 24 25 26 27 28 29 .. , 30 31 32. equire the owner to eommence either the required repairs or mprovements or demolition and removal of the building or strueture r portions thereof within ten days and to complete such work thin 60 days from the date of notiee, unless otherwise stipulated Building Official. The notice shall be given in the following manner: The Official shall post conspieuously at least one copy of a otice (bearing title letters one inch high "NOTICE TO ABATE UISANCE") on the building alleged to be unsafe and shall send he notice in letter form by registered mail, postage prepaid, eturn receipt requested, to the person owning the land on which he building is located as such nerson's name and address aopear . '. n the last equalized assessment roll. SECTION THREE. If the owner of the building does not comply with this notice by commencing the required work within the time allowed or make such other arrangement as may be satisfactory to the building offieial, the building offieial shall thereupon send the second notice to the owner and a copy to any lien or mortgage holder directing the owner, lien or mortgage holder, person or persons in eharge or control of the building or structure to appear before the Board of Building Commissioners at a stated time .. Page 3 I ; ,. Ii I I 1 and place to show cause why such a building or structure should 2 not be declared a nuisance and abated accordingly either by repair 3 or demolition. " The notice of hearing before the Board of Building Commissior~ e ers of the City of San Bernardino shall be substantially in the e following form: 7 NOTICE OF HEARING BEFORE THE BOARD OF BUILDING COMMISS- a IONERS OF THE CITY OF SAN BERNARDINO. 9 The owner of the building situated at J I , i , I 1 ! i I . i 10 is hereby notified to appear before the Board of Building Commissioners of the City of San Bernardino at its meeting 11 12 13 to be held , at the Council Chambers, City Hall, located at ~26 Third Street, San Bernardino, 14. . California, at the hour of , or as soon 1e thereafter as he may be heard, and show cause, if any he 16 has, why said building should not be condemned as a public 17 nuisance and said nuisance be abated by the City of San 18 Bernardino by razing, demolishing and removing same and 19 charging the costs thereof to the owner as provided in 20 21 alii Ordinance No. . Clerk of the Board of Bulld1ng Commis- sioners, City of San Bernardino 23 SECTION FOUR. At the time fixed in the Notice, the Board of 2<& Building Commissioners of the City of San Bernardino shall proceec 2e to hear the testimony of the building official and his assistants 26 and his representatives and other competent persons who may be 27 present and desire to testify respecting the condition of the 28 building, the estimated cost of its reconstruction, repair or 29 removal, and any other matter which the Board of Building Commis- 30 sioners may de.m pertinent thereto. Upon the conclusion of the 31 hearing the Board of Building Commissioners may by resolution 32 declare its findings and, in the event it so concludes, it may i , ,1 1 , 1 i 1 I 1 1 2 3 ~ e 8 ~ 7 8 g 10 11 12 13 1~ 1e 18 17 18 19 20 21 22 ~ ~ 2e 28 27 28 29 30 31 32 f I I 'I 'I ~ . 1 I 1 Page 4 declare said building to be a nuisance and direct the owner to abate the same within fifteen (15) days after the date of posting on the premises a Notice of the passage of the resolution, by having the building properly reconstructed or repaired or by having the same razed or removed and may notify the owner that if the nuisance is not abated, the building will be razed, demolished and removed by the City of San Bernardino or by person' or persons authorized by the Building Official and the expense thereof made a lien on the lot or parcel of land upon which the building is located. On or about the day the premises are posted, the Clerk of the Board of Building Commissioners shall send copies of the resolution to the person owning the land on which the building is located as such person's name and address appear on the last eqaalized assessment roll or as known to the Clerk of the Board of Building Commissioners and to each mortgagee or lien holder at the last known address of such person. Two copies of the resolution shall also be forwarded to the City Clerk for trans- mitting to the Mayor and Common Council. SECTION FIVE. Whenever any person is aggrieved by any final order of the Board of Building Commissioners concerning correction of substandard conditions or the abatement of a nuisance, such person may within five days after notice of such ruling or act has been mailed as hereinabove provided, appeal to the Common Council by filing with the City Clerk a written statement of the rulings or acts complained of and the reasons for taking such appeal. The City Clerk shall thereupon refer such appeal to the Common Council at its next regular or adjourned regular meeting and the Council shall thereupon fix a time for the hearing of said matter by the Council, which time shall be not less than ten days nor more than thirty days from the time the appeal was filed. On the date thus fixed, or on the date to which said hearing shall have been continued, the Council shall proceed to hear and -,." Page 5 ;;: 1 consider the evidence relating to said matter and shall make and 2 enter in its minutes its final determination therein. The Council 3 may confirm, modify or set aside the findings of the Board, and ~ its determination in the matter shall be final and conclusive, No S proceeding or action shall lie against the City nor against the 8 Council nor the Board nor any member of either thereof, nor agains 7 any officer, agent, or employee of the City to review or enjoin 8 the enforcement of its determination or orders of the Council made , i~; 9 pursuant hereto, or to recover damages for carrying out such 10 orders in a lawful and reasonable manner, unless such action is 11 commenced within thirty days from and after service of notice of 12 the findings and determination of the council. 13 Notice of the determination of the Council shall be served 1~ by the City Clerk upon the person, or persons, making the appeal 15 in the manner elsewhere provided herein for the mailing of notices 18 The effect of any order from which an appeal is taken as 17 herein provided shall be suspended and of no force or effect until 18 such appeal is fully determined. I i r " " l 19 SECTION SIX. In the event the nuisance is not abated by the r- , ,- 20 owner within the time prescribed, the building official is auth- 21 orized to raze, demolish and remove the building or to designate 81 an independent contractor to raze, demolish and remove such build- 23 ing. The Building Official shall keep an itemized account of the at expense involved in the raZing, demolishing and removing of any 2& such bUilding. The Building Official will submit this itemized 28 statement to the City Clerk who shall set a date for hearin~ on 27 the Statement by the Council and shall mail a CODY of the state- 81 ment to the person o~ing the land and to any mortgagee or lien 19 older along with a notice of the time and place when and wnere 30 the statement shall be submitted to theCouncil for approval and 31 onfirmation at which time the Council shall consider objections 32 r protests, if any, which may be raised by any property owner ,...'i Page 6 1 liable to be assessed tor the cost of such work and by other 2 interested persons. 3 SECTION SEVEN. At the time fixed for the hearing of the ~ statement of expense the Council shall consider the statement S together with any objections or protests which may be raised by 8 any of the property owners liable to be assessed for the doing of 7 the work and by any other interested persons and thereatter by 8 resolution the statement as submitted or as ordered revised, 9 corrected or modified by the Council, shall be confirmed and 10 adopted and if such statement is not paid wi thin five days after 11 the passage of the resolution it shall constitute a lien on the 12 real property upon which the structure was removed and shall be 13 collected as a special assessment against the real property. The 1~ resolution shall further direct that the City Clerk should file IS with the Auditor of San Bernardino County and the County Assessor 18 and Tax Collector, certified copies of the resolution and the 17 statement adopted therein. The Clerk should direct the Auditor 18 to enter the amounts of the charges against the real property des- 19 cribed in the statement andresolution as it appears on the current 20 assessment roll. The amount of the charge shall constitute a lien 11 against the real property against which the charges have been 22 imposed. The tax collector shall include the amount of the 23 charges on bills for taxes levied against the real property. a& Thereafter, the amount of the charge shall be collected at the as same time and in the same manner and by the same persons as, and 2e together with and not separately from, the general taxes for the 27 City of San Bernardino are collected and shall be subject to the 28 same penalties and interest upon delinquent payment. 29 SECTION EIGHT. Any person, partnership, firm or corporation 30 whether as principal, agent, employee, or otherwise, interfering, 31 obstructing or preventing or causing the interference, obstruction 32 or prevention ot the enforcement or performance of any of the 9 10 11 12 13 1<& ',.-..... Page 7 1 2 3 " 15 provisions of this ordinance by the Building Official or other authorized persons shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprison- 6 ment. Such person, partnership, firm or cornoration shall be . ." 7 8 deemed guilty of a separate offense for each and every day during any portion of which the violation of this ordinance is committed or continued by such nerson, partnership, firm or corporation and shall be punishable as herein provided. SECTION NINE. If any section, sentence, clause or phrase of this ordinance is for any reason held by 1'. court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The 115 Common Council of the City of San Bernardino hereby declares that 18 I it would have passed and does hereby pass this ordinance and each 17 section, sentence, clause and phrase hereof, irrespective of the 18 fact that anyone or more sections, sentences, clauses or phrases 19 be declared invalid, or unconstitutional. 20 21 22 23 IN ae SECTION TEN. It is found and determined that there exists in the City of San Bernardino many buildings and structures which are de1apidated, unsafe, dangerous, and unsanitary and constitute fire hazards and urgent and immediate menaces to the public health, safety and welfare and, consequently, the passage of this ordinance is an emergency matter and said ordinance shall be in force and take effect immediately after its passage and approval. I HEREBY CERTIFY t.hat the foregoin~ Ordinance was duly adopted by the Mayor and Common Council of the City of San Ber- nardino at ~ing thereof held on the;<J(~ day of ~~~ ,1960, by t~. rOll~",ng "'~" ~&,(, AYES:~~,(~~?(t~~ -' ' NOES:~ ABSENT:~ 28 27 18 29 30 31 H ;..,:,1' I I 1 I i I 9 10 11 12 13 U 115 18 17 18 19 I' I i ao 21 22 23 1M Be 26 27 28 29 so Sl 32 '''.' 1 2 3 " l5 ~ hereby approve ,'J.o~ , 6 7 8 Approved as to form q~ ~((~~~ ity torney FI LED fr":: 2 9 1960 Page It the foreeoine Ordinance this ~~ day of 1960. ;~. .~. " , , . ~~. "