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HomeMy WebLinkAbout1986-013 I., 1 RESOLUTION NO. 86-13 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE SUPPLEMENTAL FINDINGS AND CONCLUSIONS REGARDING THE 3 BOARD OF BUILDING COMMISSIONERS' ABATEMENT PROCEEDINGS AND SPECIAL FINDINGS AND CONCLUSIONS REGARDING A ZONING VIOLATION IN THE 4 MATTER OF 5055 DAVID WAY, SAN BERNARDINO, CALIFORNIA. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor and Common Council of the City of San 8 Bernardino do hereby approve and adopt the Supplemental Findings 9 and Conclusions regarding the Board of Building Commissioners' 10 abatement proceedings and Special Findings and Conclusions 11 regarding a zoning violation in the matter of 5055 David Way, San 12 Bernardino, California, copies of which are attached hereto, 13 marked Exhibits "A" and "B" respectively, and incorporated herein 14 by reference. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at a meeting thereof, held on reaular 18 the , 1986, by the following vote, 6th day of Januarv 19 to wit: 20 21 22 23 24 25 Council Members Estr"n" Hprn.4nr107 . AYES: Rpi lly Ouiel. Strickler NAYS: None ABSENT: Council Members Mnrks Fr~7.~pr ~////Y?~Md/!/;' / City Clerk 26 The foregoing resolution is hereby approved this ?~L- day .. 27 of lno Januarv , 1986. 28 Approved as to form: /~~~~/ Clty ttorney , . . / 1 2 3 4 5 6 7 HEARINGS OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ) ) ) ) ) ) SUPPLEMENTAL FINDINGS AND CONCLUSIONS IN THE MATTER OF 5055 DAVID WAY SAN BERNARDINO, CALIFORNIA OWNER: DAVID HATFIELD 8 The above-captioned matter concerning whether to affirm, 9 modify or deny the decision of the Board of Building 10 Commissioners, ordering abatement of the public nuisance by 11 demolition, came on for hearings October 7, 1985, October 21, 12 1985, November 4, 1985, and December 16, 1985, before the Mayor 13 and Common Council of the City of San Bernardino in the Council 14 Chambers on the first floor of City Hall, 300 North "D" Street, 15 San Bernardino, California 92418. 16 David Hatfield was present and was represented by Richard D. 17 Andrews, Attorney at Law. The Department of Building and Safety 18 of the City of San Bernardino was represented by Jack Rosebraugh, 19 Superintendent of Building and Safety. 20 The Mayor and Common Council reviewed the evidence, new 21 evidence presented at the hearings, findings, and records 22 relating to the decision of the Board of Building Commissioners, 23 including, but not limited to, the following: 24 1. Report prepared by the Department of Building and 25 Safety, marked Exhibit A. 26 2. Photographs of the structure and lot, marked 27 collectively as Exhibit B. 28 3. Complete file on this address prepared and maintained .- 1 by the Departm~Lt of Building and Safety. 2 4. Minutes of th" Board of Building Commi~;sioners Hearing 3 held on September 6, 1985. 4 5. Transcription of the tape recorded during the Board 5 of Building Commissioners Hearing held on September 6 6, 1985. 7 6. Copy of letter dated December 12, 1985, from the 8 City Attorney's office to Richard D. Andrews, 9 attorney for Mr. Hatfield, with attached 10 specifications for the rehabilitation of structure 11 and lot. 12 The Mayor and Common Council heard the testimony of 13 witne~,ses and examined the proofs offered by the parties, and the 14 cause was submitted for decision. The Mayor and Common Council, 15 being fully advised, made findings and conclusions on December 16 16, 1985, and now makes its supplemental findings of fact and 17 conclusions as follows: 18 FINDINGS OF FACT 19 On or about August 1981, August 1982, August 1983, August 20 1984, July and August 1985, an inspection by the Department of 21 Building and Safety was made of the above structure and premises, 22 and the following observations were made: 23 The subject structure is located on a steep hillside lot. 24 The following excavation was observed: a vertical cut, ranging 25 from approximately four to seven feet in height, has created a 26 90-degree slope. The excavation is shown in the photographs 27 taken on August 11,1981, January 15,1982 and October 17,1985. 28 The Department of Building and Safety has received complaints 2 1 from neighbors that rocks had rolled from the subject lot down 2 the hill, causing damage to lower property owners. In addition 3 to causing drainage problems, the soil is not stable and the 4 present slope is dangerous. The owner has failed to repair or 5 eliminate the excavation so as to eliminate the hazard, after 6 written notice to do so from the Department of Building and 7 Safety. 8 The subject structure is located on a lot on or near 9 earthquake fault(s). The walls of said structure are constructed 10 wi th concrete, not wood, and therefore compl iance with "The 11 Alquisto-Priolo Special Studies Zones Act" (Cal.Pub.Res. Code 12 Section 2621 et seq.) is required. The concrete walls are shown 13 in the photographs taken on November 7, 1985. The owner has 14 failed to comply with the requirements of said Act and has failed 15 to qualify under any exemption from said requirements. The 16 subject structure is located below a City Water Department's 17 water storage tank which increases the earthquake hazard. 18 The subject structure contains mechanical installations 19 which are consistent with a residential use. The mechanical 20 installations consist of plumbing, pipes, electrical wires and 21 other mechanical systems which are commingled. The mechanical 22 installation is shown in the photographs taken on August 30, 23 1982, August 29, 1983, and August 23, 1985. 24 The subject structure includes an unenclosed "observation 25 platform" which extends over a steep excavation. The platform is 26 shown in the photographs taken on January 15, 1982 and October 27 17, 1985. Said platform contains no safety protection for 28 occupants and is likely to fail, or to become detached or 3 .' 1 dislodged, or to collapse and thereby injure persons or damage 2 property, and to attract children to walk on the narrow 3 overhanging platform overlooking the area below the steep incline. 4 The subject lot contains trash and debris, including but not 5 limited to, building materials, pieces of brick, concrete, metal, 6 combustible and noncombustible materials. Said trash and debris 7 is shown in the photographs taken on August 11, 1981, August 30, 8 1982, Augus t 23, 1985, and November 7, 1985. Said trash and 9 debris constitute a hazard. 10 San Bernardino Municipal Code Section 15.28.010 Subsection A 11 provides in relevant part as follows: 12 "All buildings or structures which are 'dangerous 13 buildings' herein defined as any building or structure 14 which has any or all of the conditions or defects 15 hereinafter described, shall be deemed to be a dangerous 16 building, provided that such conditions or defects exist 17 to the extent that the life, health, property, or safety 18 of the public or its occupants are endangered:" 19 Paragraph 4 thereof provides: 20 "4. Whenever any portion or member or appurtenance 21 thereof is likely to fail, or to become detached 22 or dislodged, or to collapse and thereby injure 23 persons or damage property." 24 It is found that the "observation platform" of the subject 25 structure is likely to fail, or to become detached or dislodged, 26 or to collapse and thereby injure persons or damage property. 27 Paragraph 7 provides: 28 "7. Whenever the building or structure, or any portion 4 1 thereof, because of (a) dilapidation, deterioration, 2 or decay; (b) faulty construction; (c) the removal, 3 movement or instability of any portion of the ground 4 necessary for the purpose of supporting such building; 5 (d) deterioration, decay or inadequacy of its foundation; 6 or (e) any other cause, is likely to partially or 7 completely collapse." 8 It is found that the subject structure and portions thEreof, 9 because of faulty construction; the removal, movement and 10 instability of portions of the ground necessary for the purpose 11 of supporting such structure; and the inadequacy of its 12 foundation, is likely to partially or completely collapse. 13 Paragraph 8 thereof provides: 14 "8. Whenever, for any reason, the building or 15 structure, or any portion thereof, is manifestly 16 unsafe for the purpose for whIch it is being used." 17 It is found that the subject structure and portions thereof, 18 including but not limited to the mechanical system, is manifestly 19 unsaf e for human occupancy. 20 Paragraph 11 thereof provides: 21 "11. Whenever the bui Id ing or s truc ture has been so damaged 22 by fire, wind, earth~uake or flood, or has become so 23 dilapidated or deteriorated as to become (a) an 24 attractive nuisance to children; .. " 25 It is found that due to the condition of the subject 26 structure and lot, the property is or may become an attractive 27 nuisance to children. 28 Paragraph 12 thereof provides: 5 ~ 1 "12. Whenever any build ing or s truc ture has b<'en 2 constructed, exists or is maintained in violation 3 of any specific requirement or prohibition 4 applicable to such building or structure provided 5 by the building regulations of this City, as specified 6 iL the Uniform Building Code, or Uniform Ho~sing Code, 7 or of any law or ordinance of tlls state or City, 8 relating to the condition, location or structure 9 of build ings. " 10 It is found that the subject structure has been constructed, 11 exists and is maintained in violation of specific requiremerts 12 and prohibitions, to wit: 13 Uniform Building Code (UBC) 1982: Chapter 2, 14 Section 205: "It shall be unlawful for any 15 persons. . . to erect, construct, . . . equip, 16 use, . . . or maintain any . . . s truc ture or cause 17 or permit the same to be done in violation of this 18 code. " 19 Chapter 3, Section 301(a): "It shall be unlawful 20 for any person. . to erect, construct. . . any 21 . structure, or cause the same to be done 22 without first obtaining a separate permit for each 23 . . . structure from the building official." The 24 owner has failed to obtain any permits. 25 Chapter 3, Sections 305 and 306: "All cons truc tion 26 or work for which a permit is required shall be 27 subject to inspection by the building official, 28 and certain types of construction sC8ll have 6 1 continuous inspection by speciel inspectors as 2 specified in Section 306." The owner has failed 3 to call for inspections or to provide building plans. 4 Chapter 5, Table 5-A(R): "Exterior wall and opening 5 protection." The owner has failed to provide required 6 fire resistance of exterior walls and openings in 7 exterior walls. 8 Chapter 12, Section 1204: Exit facilities. The 9 owner has failed to provide required exit facilities. 10 Chapter 23, Section 2312: Earthquake regulations. 11 The owner has failEd to design and construct the 12 structure and portions thereof to resist stresses 13 produced by lateral forces as provided in said section. 14 Uniform Mechanical Code (UMC) 1982: Chapter 3, 15 Section 301 (a): "It shall be unlawful for any 16 person. . . to make any installation. . . [of] 17 any mechanical system regulated ty this code . . 18 or cause the same to be done without first obtaining 19 a separate mechanical permit for each separate. . . 20 structure." The owner has failed to obtain any permits. 21 Chapter 3, Sec tion 306: "No per son shall make 22 connections from a source of energy fuel to any 23 mechanical system or equipment regulated by this 24 code and for which a permit is required until 25 approved by the build ing off ic ial. " The owner 26 has not received approval by the building official. 27 Uniform Plumbing Code (UPC) 1982: Part 1, Section 28 20.4: "It shall be unlawful for any person to 7 . ,- . . 1 install. . . or cause to be installed. . 2 any plumbing, gas or drainage piping work or any 3 fixture or water heating or treating equipment 4 in a building or premises without first obtaining 5 a permit to do such work from the Administrative 6 Authority." The owner has failed to obtain any 7 permits. 8 Part 1, Section 20.8: "All plumbing and drainage 9 systems shall be inspected by the Administrative 10 Authority to ensure compliance with all the 11 requirements of this Code." The owner has failed 12 to call for inspections. 13 Uniform Housing Code (UHC) 1982: Chapter 3, Section 14 301: "It shall be unlawful for any person .. to 15 erect, construct. . any. . . structure regulated 16 by this code without first obtaining a separate permit 17 for each . structure from the building official 18 " The owner has failed to obtain any permits. 19 Chapter 3, Section 303: "All.. . structures within 20 the scope of this code and all construction or work for 21 which a permit is required shall be subject to inspection 22 by the building official "The owner has failed 23 to call for inspections. 24 Uniform Building Code (UBC) 1982: Chapter 70, Section 25 7003: "No person shall do any grading without first 26 having obtained a grading permit from the building 27 official. . ." The owner has failed to obtain any 28 permits. 8 . , " ~ 1 Chapter 70, Section 7004: "Whenever the building 2 official determines that any existing excavation 3 or embankment or fill on private property has become 4 a hazard to life and limb, or endangers property, or 5 adversely affects the safety, use or stability of 6 a public way or drainage channel, the owner of the 7 property upon which the excavation or fill is located, 8 or other person or agent in control of said property, 9 upon receipt of notice in writing from the building 10 official, shall within the period specified therein 11 repair or eliminate such excavation or embankment 12 so as to eliminate the hazard and be in conformance 13 with the requirements of this code." The owner has 14 received several such written notices and has failed 15 to repair or eliminate such excavation or embankment. 16 17 CONCLUSIONS 18 1. Based upon the evidence submitted, it is found and 19 determined that the subject structure on the lot located at 5055 20 David Way, San Bernardino, California, is a dangerous building 21 constituting a public nuisance for the foregoing reasons. 22 2. Abatement by demolition is an appropriate remedy, is 23 warranted by the dangerous condition of the structure and 24 premises, and is appropriate under all the circumstances. 25 3. The decision of the Board of Building Commissioners is 26 hereby affirmed. 27 4. The owner is hereby directed to commence the abatement 28 of the public nuisance by obtaining the necessary demolition 9 . Ul 1 and/or building permits within ten (10) days after January 7, 2 1986. The abatement must be completed within sixty (60) days 3 thereafter. 4 5. In the event the public nuisance is not abated within the 5 prescribed period of time, the structure shall be razed, 6 demolished, removed, repaired or rehabilitated by the City of San 7 Bernardino, or by a person or persons authorized by the Building 8 Official, and the expense, if not paid as required, made a lien on of land upon which the public nuisance is 9 the lot or parcel 10 located. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 1 2 3 4 5 6 HEARING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ) ) ) ) ) ) SPECIAL FINDINGS AND CONCLUSIONS IN THE MATTER OF 5055 DAVID WAY SAN BERNARDINO, CALIFORNIA OWNER: DAVID HATFIELD 7 The above-captioned matter appealing a Board of Building 8 Commissioners order of abatement of public nuisance on the 9 subject property came on regularly for hearing on December 16, 10 1985, before the Mayor and Common Council of the City of San 11 Bernardino in the Council Chambers on the first floor of City 12 Hall, 300 North "D" Street, San Bernardino, California 92418. 13 The owner, David Hatfield, was present and represented by 14 Richard D. Andrews, Attorney-at-Law. The Department of Building 15 and Safety of the City of San Bernardino was represented by Jack 16 Rosebraugh, Superintendent of Building and Safety. 17 The subject findings are made with regard to a zoning 18 violation on the subject property and are in addition to 19 Supplemental Findings and Conclusions with regard to appeal by 20 the owner to the Mayor and Common Council of said order of the 21 Board of Building Commissioners. The Mayor and Common Council 22 having reviewed the evidence with regard to the decision of the 23 Board of Building Commissioners heretofore appealed also reviewed 24 evidence with regard to the zoning violation, which evidence is 25 contained in the records, reports, photographs and files more 26 fully described in said Supplemental Findings and Conclusions. 27 FINDINGS OF FACT 28 1. Testimony at the hearing indicated that there was an . 1 existing residential structure and that an additional second and 2 separate structure for residential use was under construction on 3 the same lot. The subject structures were an A-frame structure 4 which is now being used as Mr. Hatfield's residence, and a second 5 structure, uncompleted, which is a concrete slab containing 6 mechanical installations usually found in residential structures. 7 The mechanical installations consist of plumbing, electrical 8 wires and other mechanical systems which are commingled in the 9 uncompleted structure. Such mechanical installations were viewed 10 by the Mayor and Common Council in photographs taken on August 11 30, 1982, Augsut 29, 1983, and August 23, 1985. 12 2. In addition to the slab and the mechanical installations 13 within the slab, there is also a concrete perimeter wall 14 containing vertical and horizontal steel supports. Said wall 15 appears to be a foundation for support of other portions of the 16 uncompleted residential type structure. 17 3. Testimony at the hearing indicated that the subject 18 property was zoned R-2, Single-Family Residential District. 19 Evidence of this zoning is also found in the Department of 20 Building and Safety file. 21 4. San Bernardino Municipal Code Section 19.08.020, with 22 regard to R-1, Single-Family Residential District, provides that 23 no more than one dwelling unit per lot is permitted in that zone. 24 San Bernardino Municipal Code Section 19.82.020 provides that any 25 violation of the City of San Bernardino's land use zoning 26 ordinance is unlawful and constitutes a nuisance which, upon 27 order of the Council, must be abated as authorized by law. 28 CONCLUSIONS 2 , , 1 1. Based upon the evidence above, it is concluded and 2 determined that there is a residential structure now occupied by 3 the owner at 5055 David Way, San Bernardino, California, and 4 another uncompleted residential-type structure for use on the 5 same lot contrary to San Bernardino Municipal Code Section 6 19.08.020. 7 2. The construction and maintenance of said two residential 8 structures on the same lot is determined to constitute a public 9 nuisance under the San Bernardino Municipal Code Section 10 19.82.020. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3