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ORDINANCE NO.,;;>=) JlI
AN ORDINANCE AMENDING ORDINANCE NO. 2291, ENTITLED IN
PART, "AN ORDINANCE OF THE CITY OF SAN BERNARDINO DECLARING BUILD-
INGS WHICH ARE STRUCTURALLY UNSAFE OR HAZARDOUS TO THE PUBLIC
SAFETY, HEALTH, OR WELFARE TO BE PUBLIC NUISANCES. . ."
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION ONE: Ordinance No. 2291, Section One, is hereby
amended to read as follows:
SECTION ONE: All buildings or structures which are
structurally unsafe or which constitute a fire hazard or which
in relation to the existing use constitute a hazard to safety,
health, or public welfare, by reason of inadequate maintenance or
repair, or inadequate sanitary facilities, or dilapidation,
obsolescence, abandonment, or for any other reason or condition
set forth in Ordinance No. 2242, or other ordinance, or the
"State Housing Act" in the Health and Safety Code, are hereby
declared unsafe buildings.
The definition of unsafe buildings includes but is not
limited to buildings in which exist one or more of the following
conditions:
(a) The exterior walls, doors, windows, floors, or
roofs are so deteriorated, broken, or damaged as not to exclude
rain or wind and by reason of such condition are dangerous to
human life or detrimental to health.
(b) The foundations or supporting walls are deteriorate
or damaged to the extent that the walls list or lean and by reason
of such condition are dangerous to human life or detrimental to
health.
(c) The building or structure is fifty per cent
damaged, decayed, or deteriorated.
All such unsafe buildings are hereby declared to be
public nuisances and such nuisances shall be abated by the
repair, demolition, or removal of such unsafe buildings by the
proper procedure.
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SECTION TWO:
Ordinapce No. 2291, Section Two, is
1 hereby amended to read as follows:
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SECTION TWO: The."Building Official of the City of San
3 Bernardino gha1lexamine or cause to be examined every building er
4 struct1.lre or portion thereof reported as dangerous or damaged, and
5 if such is found to be an unsafe building the Building Official
6 shall give to the person, if any ,. in real or apparent charge and
7 control of the premises involved, and the owner of record as
8' appears on the taxa.ssessment roll, the holder of any mortgage,
9 trust deed, or other lien or incumbrance of record,the owner or
10 holder of any lease of recotd, andth.e re9.ord holder of ,any other
11 estate or interest in or to the building or structure on the land
12 upon which it is. lecated, written notice or copies thereof stating
13 the defects thereof. This notice shall. pro'l1idethat the oWner of
14 record, occupant, or lessee may make the repairs, pr:!vided that
15 the mortgagee, agent, or other persons having an interest in such'
16 building or structure as shown by the records of the County
17 Recorder of Deeds 0): Registrar of Land Titles of the County may at
18 hisOWIl risk, yacate, repair, or demOlish and remove said building
19 or structure. This notice sp.all require the owner to commence
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either 'the required rep.ai.rs or improvements. pr demolition andre'"
m~val of the building or. structure or portions thereof within ten
days and to complete such wbfk within 60 days from the date of
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n.Uce, unl.~gg otherwis~s,tipulated by the Building Ofj:iciaL
!he notice shall be served upon all persons. entitled
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25 the<reto, either personallX of by certified mail. Service by
26 certified mail shall be effective on the date of mairin~ if a
27 certified letter con ta1p ing a copy of such notice is duly mailed~
28 postage prepaid, return receipt requested, to each such person at
29 the address of such person as it appears on the last equalized
30 assessment roll of the County or as. known to the Building
31 Official. lfno such address so appears, or is known to the
32 B1.lilding Offic::ial, then a copy shall be addressed to such perspn
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1 at the address of the b~ilding or structure involved in the
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2 proceedings. The failure of any owner or other person in
S interest to receive such not,ice shall not effect in any manner
" the validity of any proceedings taken hereunder. In addition
5 hereto, the Building Officer shall post conspicuously at least
6 one copy of a notice (bearing title letters one irlch high:
1 "NOTICE TO ABATE NUISANCE") on the building or structure
8 alleged to be unsafe.
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SECTION THREE: Qr,dinance No. 2291, Section Three, is
10 hereby amended, to read as follows:
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SECTION THREE: if the owner or other person in
12 interest as hereinbefore set, forth does not comply with said
13 notice by commencing the required work within the time allowed
14 or make such other, arrangements ,as may be satisfactory to ,the
15 Building Official, the Building Official shall thereupop send
16 the second notice to the owner and a copy to other persons in
11 interest in like form and manner to appear before the Board of
18 Building Commissioners ata stated time and place to show cause
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why such
building or struCture should not be declared a
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nuisance and abated accordingly either by repair or demolition.
The notic~, of hearing before the Board of Building Com~
missioners of the dity of San BernardiEo shall be substantially
in the following form:
NOt!IOE' Oll'HEbRING BEFORE ~HE BOARD OF
BUILDING CQMMISSIONE!{S OF TRe CITY OF, SAN
BERNARDINO.
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Theowner,of.the bu.ildingsituated at
'. ' " '~.'. i's herehynotified to
appearbefor<e~h~ B~ardofBui1din~ COIDlDi~~
sion.erso~the,C;LtYof San Bernardl.no at l.ts ",
meetibg\tQd'>e held ' ' ",'., at ,the
Council Chambers; City Hall, lqcated at'
426 Third Street, San Bernardino, California,
at the, hour, pf ,,',' ", or as soon
thereafter as 'he. \Ilay, be heard, <lnd show cause,
if any he has, why said building should not
be condemned as a public nuisaJ:)ce and s~d
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nuisance be abated by the City of San
Berna:dino by razing, demolishing, and
remov1ng same and charging the costs
thereof to the owner as provided in
Ordinance No.
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Clerk of the Board of. Building Commis-
sioners, City of San Bernardino
SECTION FOUR: Ordinance No. 2291, Section Four, is
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B hereby amended to read as follows:
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SECTION FOUR. At the time fixed in. the t-lotice, the
Board of Building Commissioners of the City of San Berna.rdino.
shall proceed to hear the testimony of the building offici.al and
his assistants and his representatives and other competent
persons who may be present and desire to testify respecting the
condition of the bui1~ing, the estimated cost of its recon-
struction, repair, or removal, and any other matter which the
board of Building Commissioners may deem pertinent thereto.
Upon the conclusion of the hearing, the 'Board of Building Com-
missioners may by resolution declare its findings and, in the
event it so concludes, it may declare said.;buildings to be a
nuisance and direct the owner to abate the same within fifteen
(15) days after the date of posting on the pr.emises 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.
The Board may further declare that the owner, occupant, lessee,
or other person in possession must vacate. said building or
structure, or that he remain in possession while repairs are
32 being made. The Board may further declare that and shall have
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poWer, , to cause, after its order to repair, vacate, raze, or
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demolish has not been complied with within the. time set by the
Board, the material of any such building or structure to be sold
in any manner which the Board may determine to be reasonable;
provided that any such sale shall be upon condition that the
wreckage and debris shall be removed atld the lot cleaned. Any
surplus from the sale of such building orstru,cture over and
above the cost of demolition and of cleaning the sites shall be
retained to be distributed, to the parties lawfully entitled
thereto. The proceeds and monies from such sale .shall be used,
whenever possible, to reduce the cost of ra:dng and demolition
of the building.o:l; structure. On or about ten, d~ys after the
,prell\ises are pC!sted, the Clerk of the Board of Building Commis-
sioners shall send copies of the resolution to the owner and
other persons in interest as hereinbefOl:e set forth and 'in like
form and manner. Two copies of the resolut1.onshall also be
forwarded to the City Clerk for transmitting to the Mayor and
Comtllon Council.
1 HEREBt 6ERTI'FY that the foregoing Ordinance was duly
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adopted bY the Mayor and Common council of the City of San
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B~rn~r~i110' at :~~___,'~}1') r;-.{:./;'4'f.
" "",:';>)::~'ii,~:-:A, -. :"
held on the ,.;x /:.?tJ
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" ,,/'/>,(.,0";"/,(1< meeting thereof
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day/iof ~-:/;'/'~ .ii,/ '
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';'~y!-{. .'. 1'tt':1: r. 7'(~"':'Z.,~-~~. '- .
19<61,
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by
theifo~lo,.:l.~lfvQte, to . wit : ,
" '_' ,',_ >;_::'". ," '.'::""'" "..,_,.-,.~.;r<,/(
AYES':'(~~:~', ,14'",,,?'~' J"" .'
"-JJ :.,... ~~;"~--"r'., ',.1<:-,
. , NOES: //f?";> ABSJ:;NT: C,' .' "..1' ;/
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,-:{..../.,'.,-<.,:,I,.-,.,
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~p~
'. .. . ~tY.Clerk. .'. . .'
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The foregoing ordinance is hereby
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approved this
, 1961.
day of.
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(l,.?~( ~ - ~
Mayor; ~f th~ Y ol::~k Betnardino
//.1. ,,-_;II f_'(.. ?,+.{.II.-
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Approved as to form:
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Hy orner
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