San Bernardino Municipal Code Ch. 15.28 Dangerous Buildings

The latest edition of the Uniform Code for the Abatement of Dangerous Buildings, as adopted pursuant to § 15.04.020, is incorporated herein, and as hereinafter amended shall govern the identification and abatement of dangerous buildings.

(Ord. 2291, passed 3-29-1960; Ord. 3481, passed 3-12-1975; Ord. MC-880, passed 6-23-1993; Ord. MC-1666, passed 8-5-2026)

Amended Chapters 5, 6, 7, 8, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are hereby deleted. Procedures for appeals, hearings, enforcement of orders, and abatements shall be in accordance with Chapter 8.30 of the municipal code.

(Ord. 2291, passed 3-29-1960; Ord. 3481, passed 3-12-1975; Ord. MC-880, passed 6-23-1993; Ord. MC-1521, passed 9-18-2019; Ord. MC-1666, passed 8-5-2026)

(A) In addition to the procedures provided for abatement of nuisance caused by dangerous and hazardous structures as set forth in this chapter, the Building Official or his or her representative is given summary power to secure from entry any structure which in his or her discretion he determines to be immediately dangerous or hazardous, or in any other manner injurious to public health or safety. The Building Official may secure such structures using methods at his or her discretion to accomplish the purpose which is most appropriate under the circumstances. The Building Official shall also post a sign stating in effect “DANGER, DO NOT ENTER” upon the structure in at least one conspicuous place, with the word “DANGER” in letters at least one inch in height.

(B) Any person removing such sign without the express written consent of the City Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of § 1.12.010.

(C) The Building Official shall, immediately after such action, mail a notice to the owners of the real property upon which the structure is located. Notice shall be mailed to the address as ascertained from title company records, the latest assessment roll of the County Assessor, or if no address is so shown, to the address of the property as such address may be known by the Building Official. Such notice shall contain the following information:

(1) That he or she has secured the structure;

(2) The cost incurred by the city thereby;

(3) That he or she has posted signs as provided by this section;

(4) The reasons why he or she has taken the action;

(5) That an appeal may be made within ten days to the Board of Building Commissioners, to be set for hearing at the next regular meeting;

(6) That if his or her action is not annulled by the Board of Building Commissioners, the cost of securing the property shall become a lien upon the real property unless the cost is paid to the city within thirty days of the mailing of the notice.

(D) The notice of appeal to the Board of Building Commissioners must be verified under oath or under penalty of perjury and must state the grounds upon which the action of the Building Official is appealed.

(1) The Board of Building Commissioners shall hear any evidence or other relevant matter presented by the appellant or the Building Official at its next regular meeting after the filing of the notice of appeal.

(2) After hearing all the evidence or upon the report of the Building Official if no appeal is made, the Board of Building Commissioners may confirm, amend, or annul the action of the Building Official.

(a) If the action of the Building Official is annulled, the city at its own expense shall remove any instruments used to secure the structure and any signs stating that the building is unsafe to enter.

(b) If the Board of Building Commissioners confirms the action of the Building Official in securing the structure, then the cost incurred by the city in securing the structure shall become a special assessment and lien against the property to be determined and collected in accordance with the procedures set forth in Chapter 3.68.*

(Ord. 2291, passed 3-29-1960; Ord. 3227, passed 1-4-1972; Ord. MC-177, passed 7-7-1982; Ord. MC-228, passed 12-7-1982; Ord. MC-607, passed 9-22-1987; Ord. MC-1521, passed 9-18-2019; Ord. MC-1666, passed 8-5-2026)

(A) The same procedures provided in § 15.28.140 for abating nuisances through securing from entry any structure which is determined by the Building Official to be immediately dangerous or hazardous may be used by the Building Official in connection with the summary abatement of all other nuisances upon private property which the Building Official determines in his or her discretion to constitute an immediately dangerous or hazardous condition in accordance with California Building Code § 116.

(B) The Building Official or his or her representative may summarily abate conditions found to be a nuisance under division (A) in his or her discretion in the most appropriate manner under the circumstances.

(1) The manner of abatement may include, but is not limited to, the following methods: fencing, draining water from swimming pools and filling with appropriate ballast, removing the fire hazards, filling or covering open holes and grading or strengthening landfills or excavations.

(2) Although the manner and method used by the Building Official shall be at his or her discretion, he shall, in making his or her determinations, seek the most economical method and endeavor not to place an undue economic hardship upon the owners of the property, using only those measures which will eliminate the dangerous and hazardous conditions.

(C) The Building Official shall immediately after such abatement action mail notice to the owners as provided in § 15.28.140. The notice shall include:

(1) A description of the action he has taken;

(2) The cost thereby incurred by the city, including all administrative costs;

(3) The reasons why he has taken the action;

(4) That an appeal may be taken within ten days to the Board of Building Commissioners as provided in § 15.28.140; and

(5) That if this action is not annulled by the Board of Building Commissioners, the cost of abating the nuisance on the property shall become a special assessment and lien on the property unless the cost is paid to the city within 30 days of the mailing of the notice.

(D) Fees for processing demands for information regarding liens imposed under this chapter shall apply in an amount set by resolution of the Mayor and Common Council.

(E) The procedures hereunder for appeal, hearing, and any other actions shall be as provided in Chapter 3.68* for determination and collection of the assessment for costs of abatement.

(Ord. 2291, passed 3-29-1960; Ord. 3227, passed 1-4-1972; Ord. 3593, passed 8-2-1976; Ord. MC-177, passed 7-7-1982; Ord. MC-1307, passed 6-2-2009; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

The Building Official may order the discontinuance or disconnection of utilities for unsafe conditions as allowed by the California Building Code.

(Ord. 2291, passed 3-29-1960; Ord. 3227, passed 1-4-1972; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024; Ord. MC-1666, passed 8-5-2026)

At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in § 401 of the Uniform Code for the Abatement of Dangerous Buildings, or has posted a “danger” sign upon a structure as provided for in § 15.28.140, or has begun summary abatement of a nuisance as provided for in § 15.28.150, 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 subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, lienholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as a lien for abatement in the same manner as if he had been the owner at the time of commencement of the proceedings and had been properly served at that time.

(Ord. 2291, passed 3-29-1960; Ord. 3227, passed 1-4-1972; Ord. MC-580, passed 2-4-1987; Ord. MC-880, passed 6-23-1993; Ord. MC-1521, passed 9-18-2019; Ord. MC-1666, passed 8-5-2026)

(A) Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. The chapter further authorizes the Community Development and Housing Department, as well as authorized representatives or designees of that department, to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

(B) Application of provisions. The provisions of this section are applicable, following each natural or man-made disaster, to all buildings and structures of all occupancies regulated by the city. The Mayor and City Council may extend the provisions as necessary.

(C) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SAFETY ASSESSMENT. A visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or man-made disaster.

(D) Placards.

(1) The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures.

(a) Inspected: Lawful occupancy permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

(b) Restricted use: Is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The evaluator who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

(c) Unsafe: Do not enter or occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the department that posted the building. Safety assessment teams shall be authorized to enter these buildings at any time. This placard will note in general terms the type of damage encountered.

(2) Each placard shall include the ordinance number, the name of the department, its address and phone number, and a statement regarding the manner in which an appeal may be filed.

(3) Once it has been attached to a building or structure, a placard shall not be removed, altered, or covered until done so by an authorized representative of the department or upon written notification from the department.

(4) Any person removing such placard without the express written consent of the City Building Official is guilty of a misdemeanor which upon conviction thereof is punishable in accordance with the provisions of § 1.12.010.

(E) Notification. The Building Official shall, as soon as practicable but no later than 30 days from the date of posting, mail a notice to the owner of each building posted as restricted use or unsafe. Such notice shall be mailed to the owner(s) of record of the property as ascertained from the latest assessment roll of the County Assessor. The notice shall include the following information:

(1) A statement indicating that the structure has suffered disaster related damage which constitutes a hazard to its occupants, the public, or adjacent property;

(2) That the building has been posted with placards in accordance with this section;

(3) The restrictions placed on the use or occupancy of the building;

(4) A brief description of the damage;

(5) That the damage must be repaired and the hazards eliminated prior to re-occupancy; and

(6) That an appeal may be filed in accordance with the procedures contained in Chapter 15.28.

(F) Abatements. If a damaged structure becomes a public nuisance due to abandonment or the failure to repair damage which poses a hazard to the occupants, the public, or adjacent property, the Building Official may initiate abatement proceedings in accordance with Chapters 8.30 and 15.28.

(Ord. MC-1018, passed 2-4-1998; Ord. MC-1666, passed 8-5-2026)

[Reserved]

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

[Reserved]

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

[Reserved]

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