San Bernardino Municipal Code Ch. 15.20 Certificate of Occupancy

The purpose of this chapter is to protect the public from unsafe and substandard buildings, to prevent the deterioration of buildings, and to prevent future blight and decline of property values through a program of required inspection and certification.

(Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-1666, passed 8-5-2026)

Except as otherwise defined in this chapter, all terms used in this chapter which are defined by applicable state law, the Uniform Code, or this code, are used in this chapter as so defined, unless from the context it clearly appears that a different meaning is intended:

OCCUPANCY. The purpose for which a building, structure, or property is used or intended to be used.

OCCUPANT. Any person who occupies a unit, building, structure, or property whether as an owner, or tenant or permittee of the owner.

OWNER. Any person having a legal or equitable interest in the property.

PERSON. An individual, partnership, corporation, association or organization, or the agent of any of the foregoing.

(Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-1027, passed 9-9-1998; Ord. MC-1372, passed 4-17-2012; Ord. MC-1666, passed 8-5-2026)

(A) Buildings and structures. No relocated, or hereafter erected structure shall be occupied, or no change in occupancy shall be inaugurated until a certificate of occupancy has been issued by the Department of Community Development and Housing.

(B) Valid certificate. A certificate of occupancy shall not be deemed to be valid if it has expired, been denied, withheld, revoked, failed to pass a fire inspection, or a new certificate of occupancy was required but had not been obtained.

(C) Posting certificate. The owner of the business, building or structure, shall display this certificate in a conspicuous place. In addition, the owner of a building or structure shall provide a copy of the certificate to all lessees, renters and purchasers of the property.

(D) The Building Official may issue a temporary certificate of occupancy before completion of all permitted work if the portion to be occupied can be occupied safely.

(E) Prior to the issuance of a temporary certificate of occupancy, the Building Official shall require, from the developer, a cash bond payable to the city in the amount equal to the cost of completing the outstanding work, determined by the Building Official plus 20%. The additional 20% shall account for possible industry cost fluctuations.

(Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-781, passed 4-22-1991; Ord. MC-782, passed 5-3-1991; Ord. MC-1027, passed 9-9-1998; Ord. MC-1373, passed 5-24-2012; Ord. MC-1625, passed 2-21-2024; Ord. MC-1666, passed 8-5-2026)

A new certificate of occupancy shall be required whenever:

(A) A new building is constructed.

(B) A change in use affecting a building’s existing zoning approval or conformity, or a change in the nature of use of a building which would place it in a different occupancy classification, or division thereof.

(C) A building or structure has been vacant for more than 180 days.

(D) Whenever a building is ordered to be vacated by the Building Official due to substandard or dangerous conditions.

(E) Undeveloped or vacant property is to be used or occupied.

(Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-781, passed 4-22-1991; Ord. MC-782, passed 5-3-1991; Ord. MC-880, passed 6-23-1993; Ord. MC-1373, passed 5-24-2012; Ord. MC-1666, passed 8-5-2026)

(A) The owner shall file a written application accompanied by payment of a fee with the Community Development and Housing Department prior to use or occupancy of the premises or 30 days prior to expiration of an existing certificate of occupancy or temporary certificate of occupancy. The Building Official shall cause an inspection to be made of the premises within ten working days for compliance with city codes. If the premises are in compliance with said codes, the Building Official shall issue a certificate of occupancy.

(B) (1) When an inspection discloses that the premises are not in compliance with the codes, the Building Official shall give written notice of each deficiency to the owner.

(2) No certificate of occupancy shall be issued to the owner until all deficiencies are corrected. If the owner fails to correct all said deficiencies within 60 days after the original application was filed, the application shall expire and a new application, plus fees, will be required.

(C) The owner shall be responsible for making the premises available for inspection by the city.

(Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-741, passed 9-17-1990; Ord. MC-1027, passed 9-9-1998; Ord. MC-1373, passed 5-24-2012; Ord. MC-1625, passed 2-21-2024; Ord. MC-1666, passed 8-5-2026)

[Reserved]

(Repealed by Ord. MC-1666, passed 8-5-2026)

The Building Official, in writing, may deny or revoke a certificate of occupancy when it is determined that the building, structure, or property is in violation of the codes, or when the certificate was issued in error or on false information supplied by the applicant. The certificate of occupancy is automatically revoked when there is a change of use or occupancy classification, when the building or structure has been vacant for more than 180 days, or when a building is ordered vacated by the Building Official due to substandard or dangerous conditions.

(Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-880, passed 6-23-1993; Ord. MC-1373, passed 5-24-2012; Ord. MC-1666, passed 8-5-2026)

Any person aggrieved by the denial, withholding or revoking of a certificate of occupancy or temporary certificate of occupancy by the Building Official may request a hearing in writing before the Hearing Officer. All decisions of the Hearing Officer may be appealed to the Board of Building Commissioners in accordance with the provisions of Chapter 2.64.

(Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-1373, passed 5-24-2012; Ord. MC-1521, passed 9-18-2019; Ord. MC-1666, passed 8-5-2026)

(A) Buildings, structures or property shall be issued a certificate of occupancy or a temporary certificate of occupancy prior to connection of public utilities. The Building Official may approve the connection of utilities prior to the issuance of a certificate of occupancy when requested in writing by the applicant for good cause shown, and when he finds that no unsafe conditions exist or will be created by such connection.

(B) The Building Official may disconnect or order discontinuance of any utility service to any buildings, structures, or premises lacking a valid certificate of occupancy or a valid temporary certificate of occupancy pursuant to the state codes.

(Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-880, passed 6-23-1993; Ord. MC-1373, passed 5-24-2012; Ord. MC-1666, passed 8-5-2026)

Any person who violates or causes the violation of any provision of this chapter shall be deemed guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of § 1.12.010.

(Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-1373, passed 5-24-2012; Ord. MC-1666, passed 8-5-2026)