Ordinance No. MC - 1521
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AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING CHAPTERS 2. 45, 8. 24, 8. 30, 8. 36, 9. 92, 15. 04,
15. 05, 15. 20, AND 15. 28 OF THE SAN BERNARDINO
MUNICIPAL CODE, AND ADDING CHAPTER 9. 94 OF
THE SAN BERNARDINO MUNICIPAL CODE, RELATED
TO VARIOUS CODE ENFORCEMENT PROCEDURES,
INCLUDING THE CITY' S ADMINISTRATIVE HEARING
PROCEDURES AND APPEALS PROCEDURES
WHEREAS, the City previously adopted Ordinance No. MC -1474, which established the Building and Accessibility Appeals Board and dissolved the Board of Building Commissioners, aspermitted by Health and Safety Code section 19957.5(a); and WHEREAS, this Ordinance amends Chapter 2.45 to dissolve the Building and Accessibility Appeals Board and establish the Building Appeals Board in order to comply with Health and Safety Code section 17920.5, easethe Board' s membership qualifications, and make reaching a quorum easier; and
WHEREAS, this Ordinance also amends Chapter 2.45 to clarify and elaborate on the procedures for appeals before the Building Appeals Board; and WHEREAS, Ordinance No. MC - 1474, when dissolving the Board of Building Commissioners, did not eliminate lateral references to that board elsewhere in the San Bernardino Municipal Code, and
WHEREAS, this Ordinance amends Chapters 8.24, 8.36, 8.69, 9. 92, 15. 04, 15. 20, 15. 26,
15.27, and 15.28, in part, to eliminate erroneous references to the defunct Board of Building Commissioners; and
WHEREAS, this Ordinance adds Chapter 9. 94 to the San Bernardino Municipal Code to create a uniform process for the handling of administrative hearings and appeals where such rights are granted in the San Bernardino Municipal Code; and WHEREAS, this Ordinance amends the appeal procedures in Chapters 8.24, 8.30, 8.36,
9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be theBuilding AppealsBoardunderChapter2.45or ahearingofficer underChapter9.94; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns appeals to be heard by the Building Appeals Board consistent with the right granted under California Building Code section 1.8.8.3; and
WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all other hearings and appeals to Chapter 9. 94 of the San Bernardino Municipal Code; and 1 of 32 —
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WHEREAS, this Ordinance amends Section 8.24. 100" of Chapter 8. 24, Solid Waste Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the City Managerandprovidefor appealsto ahearingofficerundernewChapter9.94; and WHEREAS, this Ordinance amends Chapter 8. 30, Public Nuisances, to clarify the procedures for summary abatement and demolition procedures, including providing notice to propertyowners, recoveryof abatementcosts, andproceduresfor hearingsandappeals; and WHEREAS, this Ordinance amends Chapter 8.36, Abandoned Vehicles, to clarify the notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures therein, and insteadprovide for appealsto a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to authorizethe City to collect- delinquent administrativecitation fines via any legal means, eliminate collection of delinquent administrative citation fines via liens, and eliminate the second tier of administrative appeal before an appellant may seek judicial review of an administrative citation; and
WHEREAS, this Ordinance amends Chapter 15.04, Building Codes, to adopt all parts of the California Building StandardsCode, to eliminate adoptions of other unnecessaryuniform codes, and to eliminate an erroneousreference to an impermissible method to calculate fees for building permits; and
WHEREAS, this Ordinance amends Chapter 15.05, Property Maintenance Code, to correct a referenceto the current edition of the International Property Maintenance Code; and WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide for appealsto ahearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends the 1997 Uniform Code for the Abatement of Dangerous Buildings adoptedby reference in the San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the authoritygrantedto thebuilding official, to clarify theauthorityof thebuilding official to secure buildingsorderedvacated, to clarify theright to appealordersunderthis code, andto clarify the City' sauthorityto recovercostsof abatementsdoneunderthis code; and WHEREAS, this Ordinance amends various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and asotherwise required accordingto the foregoing amendments; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:
SECTION 1. The aboverecitals aretrue and correct and are incorporated herein by this reference.
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SECTION 2. Chapter2.45 of Title 2 of the SanBernardino Municipal Code is hereby amended to state in full as follows:
44 Chapter 2. 45
BUILDING APPEALS BOARD
Sections:
2. 45. 010 Members
2. 45. 020 Reserved]
2. 45. 030 Duties
2. 45. 040 Review of the Board' s Decision
2. 45. 050 Oath of Office
2. 45. 060 Chair - Meetings
2. 45. 070 Quorum
2. 45. 080 Hearing Procedures
2. 45. 010 Members - Appointment
The Building Appeals Board shall be comprised of the members of the San Bernardino PlanningCommission, asdefinedin Section2.22.010of thisCode. Membersshallbeappointed on abasisof knowledgein the applicablebuilding codes, regulations, andordinancesof theCity, and must be qualified by training and experienceto passon matterspertainingto building construction.
2. 45. 020 [ Reserved]
2. 45. 030 Duties
Pursuant to Section 1.8.8 of the California Building Code, the Board shall have the duty to consider appeals of orders, decisions, and determinations of the City of San Bernardino BuildingOfficialrelatingto thebuildingstandardsof theCaliforniaBuildingStandardsCode.
The Board is authorized to establishpolicies andproceduresnecessaryto carry out its duties.
2. 45. 040 Review of the Board' s Decision
The decisionof the Board may be appealedto the City Council in accordancewith Chapter2.64 of this Code. TheCity Council'sdecisiononanappealfrom theBoard's decisionis final andbinding. Pursuantto Codeof Civil ProcedureSection1094.5 and1094.6, anyactionto reviewadecisionof theCityCouncilshallbecommencednotlaterthantheninetieth (90th) day after the datethe City Council' s order is adopted.
2. 45. 050 Oath of Office
Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk. 3 of32—
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2. 45. 060 Chair - Meetings
A. The Chairpersonof the Board shall be the Chairpersonof the Planning Commission, or his or her designee. The Board shall meet only as required to consider an appeal within its jurisdiction.
B. The Board shall meet at such times and dates, and in such places, as shall be designatedby the Chairperson of the Board.
C. Meetings of the Board shall be open to the public and shall be governedby the provisions of the Ralph M. Brown Act, Sections 54950.5, et seq., California Government Code, except as otherwise provided by law.
D. A member shall not hear an appeal in which that member has a personal, professional, or financial interest.
2. 45. 070 Quorum
Any five membersin attendanceat any meeting shall constitute a quorum.
2. 45. 080 Hearing Procedures
A. The Board shall meet upon notice from the chairperson.
B. The appellant, the appellant's representative, the Building Official, the Building Official' s representative, andanypersonwhoseinterestsareaffectedshallbe given anopportunityto be heard.
C. The Board shall adopt and make available to the public proceduresunder which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandatethat only relevant information be received.
D. A quorum of the Board shall hear an appeal.
E. TheBoardmaymodify or reversethe decisionof the Building Official by a concurringvote of amajority of its members. Theauthorityof theBoardto rendera decisionis limited to the scopeof authorityof theBuilding Official in thefirst instance. TheBoardhasno authorityto waive a requirement of the California Building StandardsCode.
F. The Board must issue a written decision with findings within a reasonably prompt time after filing of the appeal.
SECTION 3. Subdivision H of Section 8.24. 100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code is hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):
8. 24. 100 Construction and Demolition Debris Recycling Program 4of32—
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H. Appeal.
Any appellant aggrievedby the decision of the City Manager relating to a Security Deposit under Section 8.24.100(D) or Section 8.24.100(E) may appealthe decision to the hearing officer in the manner provided in Chapter 9. 94 of this Code.
SECTION 4. Various Sections of Chapter 8. 30 of the San Bernardino Municipal Code areherebyamendedto stateasfollows (omittedprovisionsnot amendedrepresentedby ellipses I...)):
rG
Chapter 8. 30
PUBLIC NUISANCES
Sections:
830. 010 Purpose
8. 30. 015 Definitions
8. 30. 020 Declaration of nuisances
830. 021 Summary/ Emergency Abatement
8. 30. 022 Summary/ Emergency Abatement Post -Abatement Hearing
8. 30. 023 Method of giving notice
8. 30. 025 Determination of nuisance
8. 30. 026 Additional Requirements for Demolition of Buildings or Structures 830. 030 Appeal
8. 30. 035 Time limit for compliance
8. 30. 040 Abatement by City
8. 30. 041 Invoice of abatement costs
8. 30. 042 Recoveryof attorneys' feesand report of attorneys' fees 830. 043 Treble damages
8. 30. 045 Hearing on nuisance abatement costs
830. 050 Council action
8. 30. 055 Imposition of special assessment lien and notice
8. 30. 056 Recording of nuisance abatement lien
8. 30. 060 Collection of costs and attorney' s fees prior to hearing
8. 30. 065 Alternative remedies
8. 30. 070 Violation - Penalty
8. 30. 015 Definitions
For the purpose of this Chapterthe following words and phrasesshall have the meanings given herein:
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c) " Administrative Hearing Officer" or " Hearing Officer" shall mean any individual appointedby the City Managerof the City of SanBernardino, or his/her designee, to hearthe appeal under this Chapter..
h) " Code Enforcement Director" shall mean the Chief of Police for the City of San Bernardino, or his or her designee.
8. 30. 021 Summary/ Emergency Abatement
Notwithstanding any other provision of this Chapter with reference to the abatementof public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designees, shall have the authority to immediatelycausethe abatementof any public nuisanceif it is determinedthat the nuisance presentsan immediate threat to public health or safety, or an imminent hazard to real or personal property, in their sole discretion. Any such abatementactivity may be conductedwithout observanceof any noticerequirementsdescribedin this chapter. The City is entitledto recover all abatementcostsincurred in the abatementof an imminent threat or hazard as set forth in this chapter.
8. 30. 022 Summary/EmergencyAbatementPost -AbatementHearing A. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summaryabatementactionby the City to abatean immediatethreatto public healthor safety, or imminenthazardto real or personalproperty, the City mustprovidethe ownerandanyotherresponsiblepersonwith a "Noticeof SummaryAbatement." B. TheNotice of SummaryAbatementshallbe servedin accordancewith Section8.30.023 of this Chapter and contain the following information:
1) A brief description of the condition and reasonswhy it constituted an imminent threat or hazard;
2) A brief descriptionof thelaw prohibitingorpertainingto theimminentthreator hazard; 3) A brief descriptionof the actionsthe City took to abatethe imminentthreator hazard; and
4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. Theinvoiceshallfurtherindicatethatanyunpaidamountsmaybecomea lien and special assessment against the property.
C. TheCity'sdeterminationthatapublicnuisanceconstitutedanimminentthreatorhazardmay be appealedasset forth in Section 8.30.030. The invoice of abatementcostsmay be appealed assetforth in Section8.30.045. Any partyto whomaninvoicehasbeenissuedshallhave45 calendar days from the date of the invoice to remit full payment of the invoice to the City. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuanceof the Notice of Summary Abatement or as ordered by the hearingofficerafteranyappeal, theCitymaythenproceedto collectits abatementcostsin anymannerallowedby law, includingassetforth in Section8.30.055. 6of32—
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D. Omissionof anyof the foregoingprovisionsin aNotice of SummaryAbatement, whetherin whole or in part, or the failure of an owner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid.
E. Thedecisionof theHearingOfficer on thedeterminationof nuisanceis final. Any appealof the Hearing Officer' s decision shall be governed by California Code of Civil Procedure Section 1094.6 or suchsection asmay be amendedfrom time to time.
8. 30. 026 Additional Requirements for Demolition of Buildings or Structures A. Whenever the Code Enforcement Director, or designee, intends to abatea public nuisanceby demolition of a building or structure, the City must comply with the following additional requirements:
1) The Notice to Abate must contain a statement that the City intends to abate the nuisance with City personnelor contractorsby demolitionof abuilding or structureif thenuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline set forth in the Notice to Abate.
2) TheCity shallservetheNoticeto Abateon all securedlienholdersof recordwith the San Bernardino County Recorder' s Office;
3) Entry onto any real propertyto abatea public nuisanceby demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction
B. The provisions of this section do not apply in cases involving summary or emergency abatement under Section 8.30. 021 of this Code.
8. 30. 030 Appeal
A. Within tendaysfrom thedateof giving noticeto abate, theviolatormay file anappealto the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subjectto the Notice to Abate. The City Clerk shall then causethe matterto be setfor hearingbeforea HearingOfficercontractedby the City to hearsuch matters.
B. Notice of the dateof hearingshallbe givenin writing. The dateof the hearingshallbe no sooner than fifteen days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Division.
C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of all competentpersonsdesiring to testify respectingthe condition constituting the nuisance.
D. At the conclusionof the hearing, the Hearing Officer shall determinewhether or not a nuisanceexists, and if the Hearing Officer so concludes, he may declarethe conditions existingto bea nuisanceanddirectthepersonowningthepropertyuponwhich thenuisance exists to abate it within ten days after the date of posting on the premises a notice of the HearingOfficer'sorder. TheHearingOfficermayamendtimeto abatethenuisance, if in his or her opinion, there exists good cause for the amendment of time to abate. If the City is the 7of32—
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prevailing party, the Hearing Officer' s decision shall order the responsible parties to pay the confirmednuisanceabatementcoststo the City within 30 calendardays, andshall specify thatanyconfirmednuisanceabatementcostsnotpaidwithin 30calendardaysshallbecomea lien and special assessment against the property.
E. Thedecisionof theHearingOfficer on thedeterminationof nuisanceis final. Any appealof the Hearing Officer's decisionshall be governedby California Code of Civil Procedure Section 1094.6 or such section asmay be amendedfrom time to time. 830. 035 Time limit for compliance
The violator must abate the nuisance within the period of time set forth in the Notice to Abate, or, in caseof an appeal, within ten days from the finding of the Hearing Officer or such longerperiodasmaybe determinedby theAdministrativeHearingOfficer.
Unlessanemergencysituationexists, theviolator shallbe givenatleasttendaysto abate the nuisance.
830. 041 Invoice of abatement costs
A. In accordance with this Chapter, the City shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action.
B. Anypartyto whomaninvoicehasbeenissuedshallhave45calendardaysfromthedateof the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the City asspecifiedin the invoice. The invoice shall furtherindicatethat anyunpaidamounts may become a lien and special assessmentagainstthe property.
C. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8.30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final.
8. 30. 045 Hearing on nuisance abatement costs
A. Anyresponsiblepartyorinterestedpartyto whomaninvoicehasbeenissuedmay, within15 calendar days from the date of the invoice, request a hearing to protest the cost of abatement by filing a writtenrequestfor ahearingontheabatementcostswiththeCityClerk. The requestfor hearing must contain the following information:
1) The requestor' s full legal name;
2) The requestor' s mailing address and telephone number; 3) The amount of nuisance abatement costs disputed;
4) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs.
B. The failure of anyparty to properlyandtimely requesta hearingis a waiver of the right to contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative 8of32—
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remedies, and a bar to any further challenge to the City' s invoice and nuisance abatement costs.
C. If a hearingis timely andproperlyrequested, the City Clerk shall causea Hearingto be set beforethe HearingOfficer. The City shallprovidenoticeof the date, time, andlocationof thehearingto all partiesat least10calendardaysbeforethehearing. At thetime fixed for the hearing, the Hearing Officer shall hold an informal hearingto considerthe invoice and protestsor objections raised by the requestor.
D. At theconclusionof thehearing, or within 5 daysthereafter, theHearingOfficer shallissuea decision approving, denying, or modifying the amount of the nuisance abatementcosts that the City is entitled to recover.
E. The decisionof the HearingOfficer shall be in writing and shall be servedby mail. The decisionof theHearingOfficer on the abatementcostsshallbe final. If anycostrecoveryis upheld, evenin part, theCity shallbetheprevailingparty. If costrecoveryis entirelydenied, the requestingparties shall be the prevailing parties.
F. Any appealof theHearingOfficer's decisionshallbe governedby California Codeof Civil ProcedureSection 1094.6 or such section asmay be amendedfrom time to time.
SECTION 5. Various Sections of Chapter 8. 36 of Title 8 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended representedby ellipses [... ]):
Chapter 8. 36
ABANDONED VEHICLES
Sections:
8. 36. 010 Findings
8. 36. 020 Definitions
8. 36. 030 Applicability
8. 36. 040 Chapter not exclusive
8. 36. 050 Administration and enforcement
8. 36. 060 Rights of franchisee to enter private property
8. 36. 070 Assessment of administrative costs
8. 36. 080 Abatement authority
8. 36. 090 Ten- day notice required
8. 36. 100 Public hearing
8. 36. 110 Hearings to be held before hearing officer
8. 36. 120 Reserved]
8. 36. 130 Removal of vehicle to scrapyard
8. 36. 140 Notice to Department of Motor Vehicles of removed vehicles
8. 36. 150 Assessment of charges against land
8. 36. 160 Violation - Penalty
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8. 36. 090 Ten- day notice required
A ten-day notice of intention to abateand remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/ or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determineownership. All noticesmustidentify thevehicle. Noticesmailedto the ownerof land must advisethat failure to comply with the notice may result in abatementby the City, and costs being assessedagainstthe property. All notices must advise that an aggrieved parry may appeal and describe the procedures for filing an appeal.
8. 36. 100 Public hearing
A. The owner of the vehicle or owner of the land that is the subject of a ten- day notice issued under this Chaptermay appealthe notice to a hearingofficer in the mannerprovided in Chapter 9. 94 of this Code.
B. The appealmust be filed within 10 days following issuanceof the ten-day notice. If such a requestfor hearing is not received by the City within saidten days after mailing of the notice of intention to abateand remove, the City shall have the authority to abateand remove the vehicle or parts thereof as a public nuisancewithout holding apublic hearing.
8. 36. 110 Hearings to be held before hearing officer
A. The hearingofficer may imposesuchconditionsandtake suchother actionasthe hearing officer deems appropriate under the circumstancesto cavy out the purpose of this Chapter.
Thehearingofficer may delaythe time for removalof the vehicleor part thereofif, in the hearing officer's opinion, the circumstancesjustify it. At the conclusionof the public hearing, the hearingofficer may find that a vehicle or part thereofhas beenabandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removedfrom thepropertyasapublic nuisanceanddisposedof ashereinafterprovided, and may determinethe administrativecostsandthe cost of removalto be chargedagainstthe owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site.
B. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiescedin its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.
C. Thedecisionof thehearingofficer in anappealunderChapter9.94of this Codeis final. 836. 120 [ Reserved]
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SECTION 6. Various Sections of Chapter 9. 92 of Title 9 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended representedby ellipses [... ]):
64 Chapter 9. 92
ADMINISTRATIVE CITATION PROCESS
Sections:
9. 92. 010 Legislative Findings and Statement of Purpose
9. 92. 020 Administrative Law Officer
9. 92. 030 Use of Administrative Citation
9. 92. 040 Violation; Authority; Fines
9. 92. 050 Service Procedures
9. 92. 060 Contents of Citation
9. 92. 070 Satisfaction of the Administrative Citation
9. 92. 080 Request for Hearing on an Administrative Citation
9. 92. 090 Failure to Pay Fines
9. 92. 100 Publication and Availability of Rules and Regulations
9. 92. 110 Representation at Hearings
9. 92. 120 Conduct of Hearings
9. 92. 130 Orders
9. 92. 140 Disposition of Fines
9. 92. 150 Punishment of Violations by Imprisonment
9. 92. 160 Administrative Adjudication Procedures Not Exclusive
9. 92. 170 Applicability of Administrative Adjudication Procedures
9. 92. 180 Right to Judicial Review
9. 92. 190 Severability
9. 92. 090 Failure to Pay Fines
A. Any personwho fails to payto the City any fine imposedpursuantto theprovisionsof this Chapter on or before the date that fine is due is liable for the payment of any applicable interest charges.
B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be calculatedon a proratedmonthlybasisfrom the datesuchobligationbecomesdelinquentto the date it is paid.
C. TheCity may collectanydelinquentadministrativecitationfinesor interestchargesby useof all availablelegalmeans, includingpersonalcollectionfrom theresponsibleparties.
D. TheCity alsomayrecoverall costs, expenses, andfees, includingattorneys' fees, associated with the assessment, enforcement, processing, and collection of the fines associatedwith the administrative citation in accordance with the provisions of this Code. 11 of32—
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9. 92. 170 Applicability of Administrative Adjudication Procedures A. Notwithstanding any other provision of the ordinances of the City or this Code, all provisions of this Code or ordinances, may be enforced by instituting an administrative adjudication hearing with the Administrative Law Officer asprovided in this article.
B. Notwithstanding any other provision of the ordinances of the City or this Code, any enforcement action, including but not limited to license or permit suspensionor revocation, which may be exercised by another department of the City may also be exercised by the Administrative Law Officer as provided in this article.
9. 92. 180 Right to Judicial Review
Any decision of the Administrative Law Officer is final, subject to judicial review.
Within 20 days after service of the decision of the Administrative Law Officer upon the party to the administrativeadjudicationhearing, thatpersonmay seekjudicial review of the decisionby filing an appealwith the Superior Court of the State of California, in the County of San Bernardino, in accordance with California Government Code section 53069. 4. The appealing partymustserveuponthe City Clerk, eitherin personor by first-classmail, a copyof thenotice of appeal. If the appealingparty fails to timely file a notice of appeal, the hearingofficer's decision is deemed confirmed."
SECTION 7. Chapter 9.94 of Title 9 of the San Bernardino Municipal Code is hereby added to state in full as follows:
rc
Sections:
9. 94. 010
9. 94. 020
9. 94. 030
9. 94. 040
9. 94. 050
9. 94. 060
9. 94. 070
9. 94. 080
9. 94. 090
9. 94. 100
9. 94. 110
9. 94. 120
9. 94. 130
9. 94. 140
Chapter 9. 94
ADMINISTRATIVE HEARINGS AND APPEALS
Definitions
Purpose and Intent
Scope
Hearing Officer— Selection and Qualifications
Powers and Duties of Hearing Officer
Right to Appeal; Consequence of an Untimely or Incomplete Appeal Administrative Hearings— Notice Procedures
Administrative Hearings— Conduct of Hearing
Decision of the Hearing Officer
Methods of Service
Costs
Judicial Review
Limitation on Jurisdiction
Severability
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9. 94. 010 Definitions
The following definitions apply in the interpretation and enforcementof this Chapter.
A. " Action" means an act or decision by an administrative officer or administrative agency for which a right to appeal under the provisions of this Chapter is granted in this Code.
B. " Administrative agency" meansan organ of the city government other than the City Council which under the direction of the City Manager has responsibility for carrying out or enforcingthe rules, regulations, and ordinancesof the city, but not including boardsand commissions of the city.
C. " Administrativeofficer" meansanofficer of the city who is not a memberof the legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, chief of police, fire chief, director of planning and building, director of transportation, director of public works, or similar officer.
D. " Aggrieved person" meansany personwhose personal, pecuniary or property right or interest is directly and adverselyaffected, or upon whom a substantialburden or obligation is imposedby the action or decision appealedfrom.
E. " Appellant" meansany aggrievedpersonwho files an appeal.
F. " Code" means the San Bernardino Municipal Code.
G. " Hearingofficer" meansanypersonduly qualifiedandauthorizedby this Chapterto hearand review appeals under this Chapter.
H. " Respondent" means the administrative officer or agency which took the action appealed from, andanyotheradministrativeofficer or agencynamedasrespondentin anappeal.
9. 94. 020 Purpose
It is the purpose and intent of the City Council to afford due processof law to any person who is directly affectedby an actionor decisionof an administrativeagencyor officer. These proceduresare also intended to establish a forum to efficiently and fairly resolve administrative appeals.
9. 94. 030 Scope
The hearing officer hears appeals from actions taken by an administrative officer or administrativeagencywhena right to appealunderthe provisionsof this Chapteris grantedin this Code. Except where this Code prescribes another procedure, the rules and procedures pertaining to appealsare as statedherein. The rules and procedurespertaining to appealsunder this Chaptermay be supplementedor modified as statedin the chapterthat grantsa right to appealunder theseprovisions. The hearing officer has no authority to hear appealsof any action taken by the City Council or any other board or commission of the City. 13 of 32—
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9. 94. 040 Hearing Officer— Selection and Qualifications A. The City Managermust establishproceduresfor the selectionof a qualified personto serveashearingofficer for eachmatter appealedunderthis Chapter. Hearingofficers must be selected in a manner that avoids the potential for pecuniary or other bias.
B. For purposes of this section, " qualified person" includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue, or that is otherwise deemedqualified by the City Manager.
9. 94. 050 Powers and Duties of Hearing Officer
A. As providedby Section9.94.030, thehearingofficer hearsall appealsin accordancewith the procedures contained in this Chapter or as supplemented or modified in the chapter granting a right to appeal hereunder.
B. Thehearingofficer is authorizedto issuedecisionsandtakeall actionsnecessaryandproper to carryoutthefunctionsof thehearingofficerin this Chapter, including:
1) Hold conferences for settlement or simplification of the issues; 2) Administer oaths and affirmations;
3) Hear testimony;
4) Rule upon motions, objections, and the admissibility of evidence; 5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
6) Regulatethe courseof the hearingin accordancewith this Chapteror other applicable law; and
7) Issue a final order which includes findings of fact and conclusions of law.
C. Thehearingofficermayrequestinformation, services, facilities, or anyotherassistancefor the purposeof furthering the objectives of this Chapter.
D. At the hearing, the hearingofficer must hearand considerthe testimonyof the appellant, respondent, and their witnesses, as well as any documentaryevidencepresentedby these persons.
E. Thehearingofficermustensurethat partiesreceivea fair hearingandareaffordeddue processin accordancewith the applicable Stateand federal law governing suchhearings. 14of32—
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9. 94. 060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal Except where this Code prescribes another procedure, the following hearing requestprocedures apply to appealsunder this Chapter.
A. Any aggrievedpersonmay contest an action taken by an administrative officer of the City, as provided in Section 9.94.030, by filing a written notice of appeal with the City Clerk within 15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must also include payment to the City Clerk of the appeal fee, as established or amended from time to time by resolution of the City Council.
B. Thenoticerequiredby Subsection (A) mustbe filed no laterthan 15daysfollowing thedate of mailingto appellantof noticeof theactionfrom whichtheappealis takenor, if thereis no suchmailing or noneis required, no laterthan15daysfollowing thedateof theactionthatis the subject of the appeal.
C. A written notice of appealmust contain the following information:
1) The full name, mailing address, e-mail address, and telephone number of each appellant who is appealing the action;
2) A description of the specific action or decision being appealed, including the date of the action;
3) The grounds for appealin sufficient detail to enablethe hearing officer to understandthe nature of the controversy; and
4) The signature of an appellant.
D. If the City Clerk doesnot receive a timely notice of appeal, if the notice of appealis incomplete, or if the notice of appealdoesnot comply with all of the requirementsset forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appealalso constitutesa failure to exhaust administrative remedies.
9. 94. 070 Administrative Hearings— Notice Procedures
Except where this Code prescribes another procedure, the following hearing notice procedures apply to appeals under this Chapter:
A. No hearingbeforea hearingofficer underthis Chaptermay be scheduledor held unlessa timely and proper notice of appealhas beensubmittedto the City Clerk as set forth in Section 9. 94. 060.
B. The City Clerk mustschedulethehearingno soonerthan 15daysandno laterthan60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to holdthehearingwithin this timeperioddoesnotinvalidateanyactionof thehearingofficer. 15 of 32 –
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C. The City Clerk mustprovide a copy of the appealto the respondentwithin five daysafter filing.
D. The City Clerk must notify the appellant, respondent, and City Attorney in writing of the date, time, andlocation of the hearing at least 15 daysbefore the dateof the hearing.
E. Failure to receive notice of the time and place of the hearing shall not dismiss any violation at issueor invalidateanyactionof thehearingofficer, if thenoticewasgivenin themanner stated in Subsection ( D) of this Section.
F. The notice of hearingmay be servedby any of the methodsof servicelisted in Section
9. 94. 100 of this Chapter.
G. Unless the notice of appeal names some other respondent, the administrative officer or administrativeagencythattook the actionor madethedecisionbeingappealedis designated the " respondent."
9. 94. 080 Administrative Hearings— Conduct of Hearing
A. Participation. The hearingofficer mustbe presentat all timesto presideover thehearing.
All hearings are open to the public. The respondent, or another City representative, is requiredto participatein thehearing. Theappellantis requiredto participatein thehearing.
B. Evidence, Witnesses, and Discovery. All parties have the right to present evidence and cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the sameextent that they are now or hereafter may be recognized in civil actions. Irrelevantandunduly repetitiousevidencemay be excluded. Oral evidence may be taken only on oath or affirmation. The appellantand respondentmay represent themselvesor be representedby anyone of their choice.
C. Cross -Examination. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. Each party may cross- examine witnesses.
D. Interpretation and Recordation. The appellant may bring an interpreter to the hearing at his or her soleexpense. The City may, at its discretion, recordthe hearingby stenographer, court reporter, audio recording, or video recording.
E. Subpoenas. In any hearingconductedby the hearingofficer, he or shehasthe power to compel the attendanceof witnessesfor the production of evidenceby subpoenasissuedunder the authorityof theCity Councilandattestedby the City Clerk. Subpoenasmayalsobe issued at the request of the parties prior to the commencement of such hearing. No subpoena maybeissuedfor anyreasonwithouttheconcurrenceof theCityAttorneythatthereis good causefor such subpoenato be issued, and such subpoenais approvedby the City Council. It is theduty of theChief of Policeto causeall suchsubpoenasto be served, andtherefusalof a person to attend or to testify in answer to such a subpoena subjects the person to prosecutionin the samemannersetforth by law for failure to appearbeforetheCity Council in responseto a subpoenaissuedby the City Council.
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F. Proof. The standardof proof applicable to the hearing and to be used by the hearing officer in deciding the issue on appeal is proof by a preponderanceof the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight, and credibility of testimony and evidence.
G. Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendardays without stipulation by all parties.
H. Failure of Appellant to Appear. If the appellant fails to appear at the hearing, the hearing officer may cancel the hearing and senda notice thereof to the appellant to the addressstated on the appeal form. A cancellation of a hearing due to non-appearanceof the appellant waives the right to appeal and is failure to exhaust all administrative remedies, provided that proper notice of the hearing asrequired by this Chapterhasbeen provided. In such instances, the action is final andbinding.
9. 94. 090 Decision of the Hearing Officer
A. The hearing officer must render his or her decision in accordancewith the provisions of this Chapter, applicable law, and all ordinances of this City.
B. The hearingofficer's decisionmust be in writing andmust set forth the hearingofficer's findings of fact and conclusions of law.
C. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failureof the hearingofficer to rendera decisionwithin this time perioddoesnot invalidate any action of the hearing officer.
D. The hearing officer's decisionmust be servedon all parties in accordancewith Section
9.94.100. Failure of a personto receive a properly -serveddecision doesnot affect the finality or effectiveness of the decision.
E. The hearing officer' s decision is the final administrative decision of the City regarding the action that is the subject of the appeal. The hearing officer' s decision is effective on the date of service of the decision. The decision must contain the following statement: " The decision of the hearingofficer is final andbinding. Judicialreview of this decisionis subjectto the provisions and time limits set forth in California Code of Civil Procedure section 1094. 6 et seq.
9. 94. 100 Methods of Service
A. Except where this Code prescribes anotherprocedure, any notice or document required to be servedunder this Chaptermust be servedby personal service or first- classmail.
B. Service is deemed effective on the date it is personally delivered or mailed. 17of32—
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C. Failure of any personto receivea documentproperly servedunderthis Chapterdoesnot affect the validity of the notice or document, service, or any action or proceeding under this Chapter.
9. 94. 110 Costs
Nothing hereinlimits the City' s ability to seekrecoveryof its costsor feesincurredin connectionwith the hearingif authorizedby law. The City shall keep an accountingof the hearingcosts. If anyportionof theactionisupheld, evenin part, theCityistheprevailingparty.
9. 94. 120 Judicial Review
The decisionof the hearingofficer is not subjectto appealto the City Council or any boardor commissionof the City. Oncethe hearingofficer's decisionbecomesfinal asprovided in this Chapter, theappellantmustbothbringjudicial actionto contestsuchdecisionandprovide theCitywith anoticeof theactionwithin90daysafterthedateof suchdecisionof thehearing officer, in accordancewith the Code of Civil Procedure section 1094.6. Failure to do so means all objections to the hearing officer' s decision arewaived.
9. 94. 130 Limitation on Jurisdiction
Thehearingofficershallnotconsiderappealsof orders, decisions, anddeterminationsof theCityof SanBernardinoBuildingOfficialrelatingto thebuildingstandardsof theCalifornia Building StandardsCode, which mustbe consideredby theBuilding AppealsBoardpursuantto Section 2. 45. 030 of this Code.
9. 94. 140 Severability
The provisions of this Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, andtheremainingprovisionsshallcontinuein full forceandeffect." SECTION 8. Various Sections of Chapter 15.04 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [...]):
Chapter 15. 04
BUILDING CODES
Sections:
15. 04. 010 Citation
15. 04. 020 Adoption of Codes by Reference
15. 04. 030 Applicability
15. 04. 040 Definitions
15. 04. 050 CBC Chapter 1, Section 105. 5. 1 is added - Prima Facie Evidence of Abandoned Work
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15. 04. 060 CBC Chapter 1, Section 112. 1. 1 is added- Board of Appeals Designated
15. 04. 070 CBC Chapter 1, Section 105. 2, Item 2 is Amended Fences Not Requiring a Building Permit
15. 04. 080 [ Reserved]
15. 04. 090 CBC Section 2204.1.1 is added- Qualification of Welding Operators.
15. 04. 100 CBC Section 3109.1.1 is added- Barriers for Swimming Pools
15. 04. 110 CBC Appendix J, Section J101 . 3 is added - Alquist- Priolo Earthquake Fault Zones
15. 04. 120 CBC Appendix J, Section J101. 4 is added - Enforcement Authority
15. 04. 130 On- site Improvement Permit
15. 04. 140 Preparation of Grading Plans
15. 04. 150 On - Site Improvement Plans and Specifications
15. 04. 160 Information on On - Site Improvement Plans
15. 04. 170 On- site Improvement Plan Review and Permit Fees
15. 04. 180 Inspection of On - Site Improvements
15. 04. 190 Bonds Required
15. 04. 200 CBC Appendix J, Section J110. 1 is added- Planting of Slopes
15. 04. 210 CBC Appendix J, Section J112 is added- Grading Operations
15. 04. 220 CBC Appendix J, Section J110. 3 is added- Final Repots
15. 04. 230 Driveway Configurations
15. 04. 240 Location of Slopes
15. 04. 250 Automatic Fire Sprinkler Systems- Residential Additions
15. 04. 260 Stop Work Order
15. 04. 020 Adoption of Codes by Reference
A. Adoption of the California Building StandardsCode by Reference Those certain rules andregulations as set forth in the following codesarehereby adoptedand by this reference are made a part of this Code with the force and effect as though set out herein in full, with the exception of those parts expressly excepted and deleted or as amended by this Code, as the regulations governing the erection, construction, alteration, change of occupancy, repair, removal, andmaintenanceof all buildings and other structuresin the City:
The 2016 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating those state adopted model codes listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments thereon, and incorporating:
A. California Building Code ( CBC), 2016 edition, and Appendix J thereto; B. California Electrical Code ( CEC), 2016 edition;
C. California Mechanical Code ( CMC), 2016 edition;
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D. California Plumbing Code (CPC), 2016 edition;
E. California GreenBuilding StandardsCode (CGBSC), 2016 edition; and F. California Residential Code ( CRC), 2016 edition;
G. California Energy Code, 2016 edition;
H. California Historical Building Code, 2016 edition;
I. California Fire Code, 2016 edition;
J. California Existing Building Code, 2016 edition.
B. Adoption of Other Codesby Reference
In addition to the California Building StandardsCodes, those certain rules andregulations, as set forth in the following codes, and appendicesare hereby adopted by reference and shall regulate the erection, construction, change of occupancy, alteration, repair, removal and maintenanceof all buildings andother structuresin the City:
1. Uniform Code for the Abatement of Dangerous Buildings ( UCADB), 1997 edition;
2. International Property Maintenance Code (IPMC), 2015 edition C. Copies of all Codes listed above shall be on file in the Community Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy.
15. 04. 030 Applicability
It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain anybuilding or structure, or gradeor alter any land, in the City in violation of, or without complying with the appropriateprovisions of this Chapter.
The California Building StandardsCode shall governand prevail in the eventof any inconsistencyor conflict between the building standardswithin the California Building StandardsCode, as adopted and amendedby the City, and the building standardsin any other code.
15. 04. 050 CBC Chapter 1, Section 105. 5. 1 is added - Prima Facie Evidence of Abandoned Work
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Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progressto the satisfactionof the Building Official within any 365 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.
15. 04. 060 CBC Chapter 1, Section 113. 1. 1 is added Board of Appeals Designated Section 113. 1. 1 Board of Appeals Designated
1. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relativeto the applicationandinterpretationof thebuilding standardsof this code, the Building Appeals Board of the City of San Bernardino, established under Chapter 2.45 of this Code, shall serve as the Board of Appeals. The Building Appeals Board has such duties as are delegatedto it by the California Building StandardsCode and Chapter 2.45 of the San Bernardino Municipal Code.
15. 04. 070 CBC Chapter 1, Section 105. 2, Item 2 is Amended - Fences Not Requiring a Building Permit
2. Fencesnot over 6 feet high, except concrete and masonry fences greater than three (3) feet abovegrade. Masonryfencesshallbe constructedin accordancewith the standarddesign specificationsapprovedby the Building Official, unlessan alternateengineereddesignis submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.
15. 04. 080 [ Reserved]
15. 04. 120 CBC Appendix J, Section J101A is added - Enforcement Authority J101.4 EnforcementAuthority. The Building Official of the City of SanBernardinoor his/ her designeeshall have the authority for the enforcement of CBC Appendix J and any amendments thereto.
SECTION 9. Chapter 15.05 of Title 15 of the SanBernardino Municipal Code is hereby amended to state in full as follows:
Chapter 15. 05
PROPERTY MAINTENANCE CODE
Sections:
15. 05. 010 Citation of Sections
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15. 05. 020 Section 102. 3 amended
15. 05. 030 Section 103. 1 amended
15. 05. 040 Section 104. 3 amended
15. 05. 050 Section 106. 4 amended
15. 05. 060 Section 107. 1 amended
15. 05. 070 Section 111 amended
15. 05. 080 Section 112A amended
15. 05. 090 Section 201. 3 amended
15. 05. 100 Section 302. 4 amended
15. 05. 110 Section 302. 9 amended
15. 05. 120 Section 304. 3 amended
15. 05. 130 Section 304. 14 amended
15. 05. 140 Section 304. 18 amended
15. 05. 150 Section 307 amended
15. 05. 160 Section 401. 3 amended
15. 05. 170 Section 502. 5 amended
15. 05. 180 Section 505. 1 amended
15. 05. 190 Section 602. 2 amended
15. 05. 200 Section 602. 3 amended
15. 05. 210 Section 602. 4 amended
15. 05. 220 Section 604. 2 amended
15. 05. 230 Section 604. 3. 1. 1 amended
15. 05. 240 Section 604. 3. 2. 1 amended
15. 05. 250 Section 702. 1 amended
15. 05. 260 Section 702. 2 amended
15. 05. 270 Section 702. 3 amended
15. 05. 280 Section 704. 1 amended
15. 05. 290 Section 704. 2 amended
15. 05. 010 Citation of Sections
The provisions of this chapter amend the International Property Maintenance Code, 2015 Edition, published by the International Code Conference, as adoptedby reference by the City in Chapter 15. 04 of this Code.
15. 05. 020 Section 102. 3 amended
International Properly Maintenance Code Section 102.3 is amendedto read asfollows:
102.3 " Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Administrative Code, California Building Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code." 22of32—
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15. 05. 030 Section 103. 1 amended
International Property Maintenance Code Section 103. 1 is amendedto read as follows:
103. 1 " The Chief of Police or the Director of Community Development or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code."
15. 05. 040 Section 104. 3 amended
International Property Maintenance Code Section 104.3 is amendedto add the following phrase to the end of the last sentence: " including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedureof the Stateof California."
15. 05. 050 Section 106A amended
International Property Maintenance Code Section 106.4 is amendedto read asfollows:
106. 4 " Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adoptedmodelcodes, asamendedin this title, shallbe subjectto the penalty provisions of Chapters1. 12, 9.92 and 9.93 of the SanBernardino Municipal Code."
15. 05. 060 Section 107. 1 amended
InternationalPropertyMaintenanceCodeSection107.1is amendedto readasfollows:
107. 1 " Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107. 2 and 107. 3, or in the manner provided by SanBernardinoMunicipal CodeSection9.92.050, to thepersonresponsiblefor theviolation as specified in this code. Notices for condemnation procedures shall also comply with Section 108. 3."
15. 05. 070 Section 111 amended
International Property Maintenance Code Section 111 and subsections are amended to read as follows:
111 " A party aggrievedby a notice or orderissuedunderthis codemay appealin the manner set forth in Chapter 9. 94 of the San Bernardino Municipal Code."
15. 05. 080 Section 112. 4 amended
International Property Maintenance Code Section 112.4, Failure to comply, is amendedto read as follows:
112. 4 Failure to Compl " Any person, firm or corporationwho continueswork on a building or structure after a stop work order has been issued by any of the employees listed in [ SBMC]
9.90.010 A( 2, 3, 4, 5, 6 or 8) shall be guilty of amisdemeanor, except suchwork asthat person is 23 of32—
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directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($ 100. 00) and not more than one thousand dollars ($ 1,000. 00) for each day of the violation. Eachday during anypart of which the activity prohibitedby subdivision 112. 1 of this section continues shall be a distinct and separate offense."
15. 05. 090 Section 201. 3 amended
International Property Maintenance Code Section 201. 3 is amended to read as follows:
201. 3 Definitions. " Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes."
15. 05. 100 Section 302. 4 amended
International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows:
302. 4 Weeds " Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8. 30, Abatement of Public Nuisances."
15. 05. 110 Section 302. 9 amended
International Property Maintenance Code Section 302.9, defacement of property, is deleted.
15. 05. 120 Section 304. 3 amended
International Property Maintenance Code Section 304.3 is amendedto read asfollows:
304. 3 Premises Identification " Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12. 32. 030 and/ or 15. 16. 126."
15. 05. 130 Section 304. 14 amended
International Property Maintenance Code Section 304.14 is deleted.
15. 05. 140 Section 304. 18 amended
International Property Maintenance Code Section 304.18 is deleted.
15. 05. 150 Section 307 amended
International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows:
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307 Handrails and Guardrails ' Every exterior and interior flight of stairs shall have a handrailandguardper the requirementsof the adoptingcodeat the time the buildingwas permitted. Handrails and guardrails shall be maintained in a safe and useful condition."
15. 05. 160 Section 401. 3 amended
International Property Maintenance Code Section 401. 3 is amendedto read as follows:
401. 3 Alternative Devices " In lieu of the means for natural light and ventilation herein prescribed, artificial light ormechanicalventilationcomplyingwith theCaliforniaBuilding Code or California Residential Code shall be permitted."
15. 05. 170 Section 502. 5 amended
International Property Maintenance Code Section 502. 5, Public toilet facilities, is amended to read as follows:
502.5 PublicToilet Facilities "Publictoilet facilities shallbemaintainedin a safesanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises."
15. 05. 180 Section 505. 1 amended
International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows:
505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connectedto either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code."
15. 05. 190 Section 602. 2 amended
International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows:
602.2 Heating Facilities " Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently -installed heating facilities capableof maintaining a room temperature of 68 degrees F ( 20 C) in all habitable rooms."
15. 05. 200 Section 602. 3 amended
International Property Maintenance Code Section 602. 3, Heat supply, Exceptions # 1 and 2 are deleted.
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15. 05. 210 Section 602. 4 amended
International Property Maintenance Code Section 602.4, Occupiable work spaces, is deleted.
15. 05. 220 Section 604. 2 amended
International Property Maintenance Code Section 604.2, Service, is amended to read as follows:
604. 2 " Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordancewith the California Electrical Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single-phase electrical servicehaving a rating of not lessthan 60 amperes."
15. 05. 230 Section 604. 3. 1. 1 amended
International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is amended to read as follows:
604.3.1.1 Electrical Eq" Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC arehereby deleted."
15. 05. 240 Section 604. 3. 2. 1 amended
International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is amended to read as follows:
604. 3.2. 1 Electrical_ Equipg ent " Electrical switches, receptacles and fixtures, including furnace, waterheating, securitysystemandpowerdistributioncircuits, thathavebeenexposedto fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code."
The exception provisions of section 604.3.2.1 of the IPMC arehereby deleted.
15. 05. 250 Section 702. 1 amended
InternationalPropertyMaintenanceCodeSection702.1, General, is amendedto readas follows:
702. 1 General " General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall 26of32—
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complywith the California Fire Code, California ResidentialCode, or the California Building Code, whichever is more restrictive."
15. 05. 260 Section 702. 2 amended
International Property Maintenance Code Section 702.2, Aisles, is amended to read as follows:
702. 2 Aisles " Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed."
15. 05. 270 Section 702. 3 amended
International Property Maintenance Code Section 702.3, Locked doors, is amended to read as follows:
702.3 Locked Doors " Locked Doors. All meansof egressdoors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive."
15. 05. 280 Section 704. 1 amended
International Property Maintenance Code Section 704. 1, General, is amended to read as follows:
704. 1 Fire Protection Svstems " General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code."
15. 05. 290 Section 704. 2 amended
International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows:
704. 2 Smoke Alarms " Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive.""
SECTION 10. Section 15. 20. 090 of Chapter 20 of Title 15 of the San Bernardino Municipal Code is- hereby amended to state as follows ( omitted provisions not amended representedby ellipses
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15. 20. 090 Hearings
Any person aggrieved by the revocation of any certificate of occupancy by the Building Official may appeal that decision in the manner set forth in Chapter 9.94 of this Code, as such revocation is an administrative enforcement action. Any person aggrieved by the denial of a certificate of occupancy may appealthat decision in the manner set forth in Chapter 2.45 of this Code, as such denial is an order, decision, or determination of the Building Official relating to the building standardsof the California Building StandardsCode.
SECTION 11. Various Sections of Chapter 15. 28 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):
Sections:
15. 28. 010
15. 28. 020
15. 28. 030
15. 28. 040
15. 28. 050
15. 28. 060
15. 28. 070
15. 28. 080
15. 28. 090
15. 28. 100
15. 28. 110
15. 28. 120
15. 28. 130
15. 28. 140
15. 28. 150
15. 28. 160
15. 28. 170
15. 28. 180
15. 28. 190
15. 28. 200
15. 28. 210
15. 28. 220
Chapter 15. 28
DANGEROUS BUILDINGS
Referenced Code
Uniform Code for the Abatement of Dangerous Buildings - Amended Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Securing dangerous buildings from entry
Recovery of costs of abatement of nuisance
Discontinuance of utilities
Filing of notice of pendency of administrative proceedings Reserved]
Post -disaster Safety Assessment Placards
Section 103 amended
Section 205 amended
Section 301 amended
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15. 28. 020 Uniform Code for the Abatement of Dangerous Buildings - Amended Chapters 5, 6, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are hereby deleted.
Procedures for appeals, hearings, enforcement of orders, and abatements related to the administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8.30 of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of the UCADB, enforcementof any notice andorderof the building official is stayedduring the pendencyof an appealtherefrom that is properly and timely filed.
15. 28. 140 Securing dangerous buildings from entry
A. The building official is authorized to securefrom entry any structure that is ordered vacated in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and where the building official determines, in his or her sole discretion, that securing the structure is necessary to enforce the order to vacate. The enforcement official may secure such structures using any method deemed appropriate under the circumstances in his or her discretion.
B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate without the expresswritten consentof the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1. 12. 010 of the San Bernardino Municipal Code.
C. The building official' s decision to securea structure may be appealedin the samemanner as the issuanceof the underling notice to vacate and asprovided in Section 15.28.020.
15. 28. 150 Recovery of costs of abatement of nuisance
Any costs incurred by the City in connection with the enforcement of the Uniform Code for the Abatement of Dangerous Buildings may be collected by the City according to the procedures specified in Chapter 8. 30 of the San Bernardino Municipal Code.
15. 28. 170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequentowner, purchaser, encumbrancerof the property describedtherein or involved in the proceedings, beneficiary of a trust deed, penholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the 29 of 32 —
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administrative proceedings, including liability for all amounts and costs and expensesassessed against the property as alien for abatement in the same manner as if he had been the owner at the time of commencementof the proceedingsandhad beenproperly servedat that time.
15. 28. 200 Section 103 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
All buildings or structures which are required to be repaired under the provisions of this code shall be subjectto the provisions of the California Building StandardsCodepromulgated by the California Building Standards Commission in Title 24 of the California Code of Regulations, asadoptedand amendedby the City of SanBernardino."
15. 28. 210 Section 205 amended
Section 205, of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting the section.
15. 28. 220 Section 205 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code.
Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and plural the singular.
Words used in the masculine gender include the feminine and the feminine the masculine.
BUILDING CODE is the California Building Code, as adoptedand amendedby the City of San Bernardino.
DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.""
SECTION 12. All existing provisions of the San Bernardino Municipal Code that are repeated herein are repeated only to aid decision -makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.
SECTION 13. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Ordinance are declared to be severable. 30of32—
Ordinance No. MC - 1521
SECTION 14. The City Council finds this Ordinance is not subject to the California Environmental Quality Act ( CEQA) in that the activity is coveredby the generalrule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seenwith certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 15. Effective Date. This Ordinance shall become effective thirty ( 30) days after the date of its adoption.
SECTION 16. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and causepublication to occur in a newspaperof general circulation andpublished and circulated in the City in a mannerpermitted under section 36933 of the Government Code of the State of California.
APPROVED and ADOPTED by the Citycil an -aligned by the Mayor and attested by the City Clerk this
18th
day of September2019/277 17'
Attest:
PCf - , ,,
Georgeann Han
T.
MMC, City Clerk
approved as to form:
f ,
Gary D. aenz, City Attorney
John Valdivia, Mayor
City of San Bernardino
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Ordinance No. MC - 1521
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, GeorgeannHanna, MMC, CityClerk, herebycertifythattheattachedisatruecopyof Ordinance No. MC - 1521, introducedby the City Councilof the City of SanBernardino, California, ataregularmeetingheldthe0 dayof September2019. OrdinanceNo. MC -1521 was approved, passed, and adopted at a regular meeting held the 18' h
day of September2019by
the following vote:
Council Members:
SANCHEZ
IBARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
WITNESSmy handandofficial sealof the City of SanBernardinothis 18'' day of September 2019.
LGeorgeannlfan4a, MMC', CityClerk
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