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Home My WebLink About21-Planning CIT~ OF SAN BERK .RDINO~REQUEST . JR COUNCIL ACTION From: Larry E. Reed, Director Appeal of the sse Action of December 1, Subject: 1980, by R0bert 1lnd Shirlev Mr:(Jee, owners of: 680 W. 11th Street. Planning and Building Services _dpt: January 3, 1990 Date: Synopsis of Previous Council action: none :-':1 l.~...t ~:--: ,',) ~ :7~'- I...> (~..;( ~,'~ Recommended motion: That the costs incurred by the BBC Action of December 1, 1989 by the owners of the property at 680 W. 11th Street, which totalled $4,110.40, be reduced by the overhead cost to $2,936.00. J Marshall Julian, City Administrator ~ Jim Richardson, Deputy City Administrator r~ Signature Larry E. Reed 384-5281 Contact person: Phone: Supporting data attached: Staff Report, BBC literature Ward: All Wards FUNDING REQUIREMENTS: Amount: # Source: (Acct. No.) N/A (Acct. DescriPtion) Finance: 'uncil Notes: CQUNCIL:CA.REQUEST-15 "7<::_n?h? Aoenda Item No. otl CITY OF SAN BERt' \RDINO - REQUEST , lR COUNCIL ACTION BACKGROUND: June 15, 1989 June 20, 1989 July 19, 1989 July 20, 1989 July 26, 1989 STAFF REPORT city Inspection based open and vacant with construction on a complaint - Building found trash and debris & illegal Owners notified by phone or letter to remedy violations (see Exhibit "A") - no response by owner Followup city inspection, found substandard dwelling continuing to exist Owners notified by Owner responded by action was taken by or letter to on July 31, (See Exhibit remedy problems. 1989, however, no "B") phone letter owners City had a city contractor do the abatement and completed by August 2, 1989. Building was boarded up to F.H.A. standards and cleanup was done. The cost incurred by the city contractor was $2,030.70 for boardup and cleanup. Sept. 30, 1989 City found building open and vacanti conversation with the owner staff phone Oct. 10, 1989 Oct. 11, 1989 Oct. 16, 1989 Oct. 17, 1989 Nov. 17, 1989 Dec. 1, 1989 Dec. 13, 1989 Dec. 21, 1989 Additional abatement done as an emergency abatement (Police Department request due to transients, etc.) Owner notified of the emergency abatement and no response or action occurred (See Exhibit "C") , city notified ownersi $1,806 board up only (See Exhibit "D"). cost Staff placed case for BBC Hearing set for December 1, 1989. City notified owners that their request for protest hearing was set for December 1, 1989 and costs involved in preparation for BBC for this abatement of $196. Total abatement cost due was $4,032.20 (See Exhibit "E"). Owners failed to appear at the protest hearing they had requested. BBC denied their protest and sent the costs to lien. city notified owners of fifteen (15) day right (See Exhibit "F"). BBC decision and of appeal to Mayor informed of and Council Owners appeal to Council was received (See Exhibit "G") Recommendation: Given the unusual situation, owner hurt in a car accident and the wife couldn't drive or handle the situation for the husband, staff is recommending the 40% administration fee be weaived. CA.STAFF-15 01/12/90 Page 1 75-0264 ,J ../" ,J./ / r5 /7 ~, , I . ;1 . /'/ CITY OF San &rnardino .UILDIIlG . IA'ITY DI'AIITIIIIlT June 20, 1989 Re: 680 W. 11th St Unit B San Bernardino, CA Open and vacant/apartment APN 140 031 26 Report/Project No. 89-3490 Robert & Shirley McGee POBox 416 Corona, CA 91720 THIS CORRECTION NOTICE is hereby served on you as owner(s) of the property referred to above. An inspection. by this department. of the structure(s) located thereon revealed certain building code violations. It is necessary that these conditions be corrected in accordance with the proper procedures and with valid pennits from this department. Please contact this office within ten (10) calendar days from the date of this notice to make arrangements to correct those violations indicated in this letter. In addition to the CORRECTION NOTICE. a "Notice of Pendency of Admin- istrative Proceedings" regarding the above property is being filed with the County Recorder's Office to give public notice of pending action by the City on this property. Director/Building Official Department of Building and Safety ~ by: Code Comp lance ficer Phone: 714/384 5205 Attached hereto and incorporated herein by reference is a list of the major defects found in the structure(s) by our inspection. 300 NO"~'" 0 STREET S"'N BERNARDINO C.\LlfO~~IA 92.18 oeo1 71./3...1071 PR:DE .;l 1;;?RESS -- ," ;::.' - , .. " J.-/ / i....,. , "7'-' " :- ! f I r,:.J I ,/ (5 " CITY OF San &rnardino .UILDIIlG . I"'ITY DI,,,"TIIIIlT July 20, 1989 Re: 680 W. 11th Street San Bernardino, CA Substandard dwelling APN 140 031 26 Report/Project No.. 89-3490 Robert & Shirley McGee POBox 416 Corona, CA 91720 THIS CORRECTION NOTICE is hereby served on you as owner(s) of the property referred to above. An inspection. by this department. of the structure(s) located thereon revealed certain building code violations. It is necessary that these conditions be corrected in accordance with the proper procedures and with valid permits from this department. Please contact this office within ten (10) calendar days from the date of this notice to make arrangements to correct those violations indicated in this letter. In addition to the CORRECTION NOTICE. a "Notice of Pendency of Admin- istrative Proceedings" regarding the above property is being filed with the County Recorder's Office to give public notice of pending action by the City on this property. Director/Building Official Department of Building and Safety by: :L?A~" _~,..,...-L Code Comp iance ficer Phone: 714/384 5205 Attached hereto and incorporated herein by reference is a list of the major defects found in the structure(s) by our inspection. 300 "ORr.. D STREET S~" BERNARDINO CAL1iOfOlNlA 92418 OeQ1 11./3......71 PR:OE ~. ~ iN PROGRESS ~7f" City of San Be ,rdino Department of BuilQ J and safety Code Enforcement Division statement of Costs project No. 89-3490 San Bernardino Municipal Code, Title 15 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino in abating the public nuisance that existed on the property located at: 680 West 11th Street Owner: Robert & Shirlev Mc Gee '17/8 POBox 416. Corona. CA ~ Address: Assessors No: 140 031 26 More particularly described as: La Fluer Tract Tr No. 1784 Lot 4 and E 10 Ft Lots 12 & 3 ITEMIZATION Building and Safety Department Costs: Title Search Inspector's Time Secretary's Time Comp & Retirement Equipment certified Mailing pictures Administrative Costs Costs from Previous Hearing Hearing Time Attorney's Costs Contractor's Costs $ $ $ $ $ $ $ 40% $ 580,20 -$ $ $ $1450.50 TOTAL COSTS $2030.70 SBMC: 15:28 Date: Aua 9. 1989 By: "BA.--. ~ ~ Code Compliance Office~ f, /) J. /1L- .J /;'..~ Approved by: ~ AI ~~~. ~ 3Y90 JulY :31.1989 ~obert & Shi~ley McSee P.O. Box 416, Corona,Ca. 91718 fT} (]l;~) P~?\oI1>!Ki40 · ::U Ii;; ... \,. '. 'j --' r\ ~ II ~ j, City of San Bernardino Buildin~ ani Sef-.ty Dept. 300 N, D st. SAn Bernardino,Ca. 92418-0001 crt'" Ut~ s-"'~ ~,:y!._~l~. ;; . ',Co- .. .~\ , Re: Complaint and Correctlon Notlce of rear bul1dln; located at: 680 west 11th St.,San Bernardlno.Ca. 92410 Ref: Report/project No. 89-)490 Gentlemen: Mr. and Mrs. McGee were seriously lnjured ln a hlt-and-run auto~obile Accldent eArller this year and because they were un- able to travel and sunervlse thelr property at 680 West 11th st in San ~ernardino.the tenants 11vln; there have taken advanta;e of the McGee's dlsabl1lty and moved other unauthorlzed persons lnto the p~emlses. The subject tenants have also taken advanta~e of the ~cGee's beln~ inflrm by not oayln~ any rent most of 1989. Reports on the auto accident and the ~cGee's hospltallzatlon are on fl1e At the Corona pollce Deoartment;the lnjurles were caused by a 17 year old boy ln a stolen car whlch was beln~ chased by pollce CArs when he crashed lnto the McGee's car,Subsequently,as a result of hls lnjurles,Mr. McGee has contracted Bronchlal Pneu- monla. Nel~hbors And anonlmous callers have told us the tenants ln the front house.Ramon ~ Shellv Browne and a ma~ named "Travls" lnvlte "doper The owners.Mr. and Mrs. McGee,have trlert to have the proper papers and documents filled out and served tn order to evlct the ll1e;al occupants at 680 West 11th St.,San 5ernardlno,but have not been able to travel to the Court to testlfy..The Court has sent the paoers back twlce as belng lnadequatelY fll1ed out, In the mean tlme,t~ tenants,Ramon and Shelly Browne , have allowed other unauthorlzed aooarent "street-oeoole" occuoy the oremlses wlthout the McGee's oermlss10n or knowled~, When the tenants dld not pay their utlllty bl1ls,the Utl11ty Company wrote to the McGees,de- mandln~ oayment, The McGees dld oay the Water and trash arrears ln the amount of It159.8).so that the pre~lses would contlnue to have sanltary facl1ltles,but the tenants stl1l dld not pay the rent all summer and flnally,the McGees could not contlnue oaylng thelr Mort~a~e oayments,taxes.Insurance AND the utll1tles wlth absolutely no rent comln~ In. When the Water Company turned off the water and trash collectlon,the 111e~1 tenants actuallY broke the lock whlch the Water Dept had put on the meter and contln~slng 111e~allY. Then the Water Dept. took out the meter and the tenants stl11 broke lnto the water 11ne and caused ~eat d&m3;e. The Wa~ept. ls bll1ln~ the McGees for repalrs to the 11ne whlch were dama;ed by 111ezal street-people who lnvaded and occuoied the McGee's property wlthout the McGee's knowled~e or permlsslon. About thls tlme,the McGees started receivlng notices fro~ the Clty Bld~. Dept about unsanitary conditlons on the property. The McGees as well as Mr. Art Kurl110.owner of the 12-Unlt Apartment house nect door, have contacted the pollce ln San Bernardlno many tl~es about the 111e~al occupants and their ille~l actlvitles but -~e San Bernardln~ pollce tell UB t~~y can do nothln~ other t~n rem mlnor children whlch they may c, lder as belng abused on the nremlses. The,y say they have too small a force to "deal" wlth "squatters" on neoples nronerty,lf they are adults.Also these neople lltter premlses wlth a~.enormeuB amount of thelr own junk-whlch theydabandon on ourfpropert once Mr. MC ee ls stron~ enou~h to travel,~e lnten s to get 01ds ~om Contractors to oorrect what the Bld~. Dent. says are llle~l addltlons, When the two brothers from Oklahoma represented themselves aa beln~ contractors ln 198?,they told the McGee's they had procured all the necessary permlts to enclose the ~ra~e(whlch had never had a car oarked ln lt for the nast 10 years and was only a "junk-catcher).Slnce the property ls zoned R-t,just llke the l2-Unlts next door,the McGees assumed 1t waB perfectly alr1ght and asked the two men many t1mes as to whether the enclosure was done "per-code",the McGees were assured that 1t was done even better than the code requ1res. However,when the enclosure was f1n1shed.1mprov1n~ the looks of the ent1re property much better,the two men 1ns1sted on be1n~ pa1d 1n cash. Th1s made the McGees susp1c1ous as to whether they were actually a;-they had represented themselves,and on one or two occass10ns the McGees demanded thet they accept checks 1n tlByment,whereafter the McGees had to ~o down to the bank wlth them to ~et the1r checks cashed,s1nce they had no local ldent1flcat10n.The1r phones are now d1sconnected and McGees cannot f1nd the 2 men who d1d the work. Once the McGees a~e able to travel,they would appreclate the cooper- at10n of the San Bernard1no Bld~, Dept. 1n the1r ~ett1ng a new contractor to come ln and put everyth1ng 1nto acceptable cond1t10n. The McGees have recently recelved a letter and broschure from a Mr. Ken L. Florence.Loan Off1cer of the Clty of San Bernardlno Communlty Developement Dept..offer1ng the McGees a low 1nterest loan to rehab111tate the pronerty at 680 W.llth S because lt 1s wlth1n the area of San Bernard1no that the C1ty w1shes to see rehab111tated, We are eager to take advanta~e of d01n~ th1s program but ~re unable to travel out to San Bernardlno untl1 we are recovered from our lnjurles and 11lness.Also,the broschure we rece1ved states that, once the rehab 1s complete,the prem1ses must ~e rented to tenants who are on the rental asststance nro~ram. We are w11l1n~ to do thls,but the lady we spoke w1th on the phone at the rental ass1stance off1ce told us that they do not screen the tenant app11cants and that we could very well ~et the same type of tenants wh1ch have causes the ex1st1ng cond1t10ns: What 1s an elderly counle w1th only th1s one rental asset to do? We s1moly cannot afford to ~et the same type of~nants 1n our property AF'rER 1t 1s all f1xed up a~1n. We have no way of pol1c1n~ who ~oes onto our property when we 11ve a 50-m1le round tr1p away. And the no11ce say they are too busy and understaffed to keep tresspassers and burglars away. We most 11kely cannot po11ce the property long enou~h to f1x 1t up and ~et 1t ready to offer for sale. W1th all of thls lawlessness ~01n~ on 1n San Bernard1no,1t 1s doubtful that a buyer could be found for our-nroperty. Is the C1ty of San Bernard1no aware of any program whlch m1ght protect peoole who are ln our pos1t10n of belng absentee owners.so that they may keen the1r property from be1ng destroyed by translents? We are golng to send more papers to the Mun1c1pal Court 1n San Bernard1n, 1n the hopes of obta1n1n~ a Wr1t of posses10n for our property and we are ~01n~ to wr1te to Mr. Nestor Nazar10,Rehab111tat10n Uoord1nator w1th the Commun1ty Developement Dept.,so that we may poss1bly be able to br1ng our property up to the "pr1de-of-ownersh1p" cond1t10n of Mr. Art Mur1llo's 12- Unlt Apartments next door to our property, However,we do not feel very onptom1stlc about accomp11sh1n~ thls ~oal,when we cannot be on our property 24 hours a day to r1~ht off 1nvaders and our taxes are paYln~ law enforcemer 9~encles and po11ce who are too overloaded wlth more l~portant matters to heln us protect our oronerty,Qur property 1s comoletelY fenced all around and-1t doesn't seem to keep any 1nd1gent who wlshes from walkln~ r1~ht ln, ~:alJCerel v vours, 'l '/ 'J I,. '/ ,,~,- -V"" l v r -J/"L lL<..f' ,-; -.' fit -Hobert ~ Sh1rlev McGee '. ' and Letter C I T Y 0 F San Bernardino BUILDING LARR y E ::> IRE C T :) " SAFETY DEP~"T"ENT R E E 0 , -/ ,,"~:"'':.-'" '0' , \ , , ~ _7' / -" ,J , ,- " ( ""'( \ (, August 9, 1989 , /,\ . I I W-\&V ~_/:/-/ ",.' 'L- l /\L\./ I / ! 'Robert & shirley Mc Gee POBox 416 Corona, CA 91720 Re: 680 West 11th Street San Bernardino, CA Substandard dwlg APN #: 140 031 26 Report/Project No: 89-3490 This notice is hereby served on you as property located at 680 West 11th Street , California. owner(s) of the San Bernardino, The building(s) located on the above property was found open, vacant and an attractive nuisance, in violation of the San Bernardino Municipal Code sections 15:28.010(A) (11), 15:28 (140A) and 15:28.150. An emergency abatement of the above property was necessary to protect the health and safety of the community, therefore the City boarded, secured and cleaned the property. The building has been posted against entry. In addition, a "Notice of Pendency of Administrative proceedings against the above property has been filed with the County Recorder's Office. The costs incurred by the City to abate the property were $2.030.70 This amount should be paid to the City within thirty (30) days of this notice or a lien will be placed on the above property. J00 "-ORT",! 0 STREET SAN BERNARD-NO CAL '-OR"'IA 92418 0001 71413...527. -, ~ " ~ io. -~, ..", Abatement Demand Letter Page 2 An appeal may be made to the Board of Building commissioners at the above address, within ten (10) days of this notice, and a hearing will be scheduled at the next regular meeting of the Board. The written appeal should include: (a) the specific action appealed from: (b) the specific grounds of appeal: and (c) the relief or action sought from the Board If the abatement action and costs are not annuled by the Board of Building Commissioners, then the City will lien the above property, unless the costs are paid within thirty (30) days of the hearing. Director/Building Official Department of Building & Safety By: ~;/~ Code compliance Officer Phone: (714) 384-5205 cry 0 F J- /- x.r( I ~ I' r II C I. San Bernardino .UllDING' S,,'ETT DI,,,IITIIINT Robert & Shirley McGee P,O. Box 416 Corona. CA 9171B October 11. 1989 Re: 680 West 11th St, San Bernardino. CA Open/Vacant SFR APN 140 031 26 Report/Project No, 89-3490 This notice is hereby served on you as owner(s) of the property referenced above. The structure located on this property was found to be open and vacant and also an attractive nuisance. in violation of the San Bernardino Municipal Code 15.28.010 Sub section A-ll. An emergency abatement action was initiated and the property was boarded up and cleaned. There were certain costs incurred as a result of this action. In addition to this notice, a "Notice of Pendency of Administrative Proceedings" regarding the above property is being filed with the County Recorder's office to give public notice of pending action by the city on this property. Director/Building Official Department of Building and Safety by:tA':I-. ~) 1~' ~..". ~ Code Comp iance Offlcer Phone: 714/384 5205 J J J o . "' .;, :, ~", 8 ~ o:l 'l .I. III :'I ' ~. :;) 7 I. I J'.. S' 7 I I ,Ev/-/'/(;'/ r- ... ? CITY OF . " // I.' ., , ,/' , . v- .' , San :Bernardino ...-.:~ .: ....... BUILDING' SAFETY DEPARTMENT LARRY E o RECTOR R E E 0 October 16, 1989 Robert & Shirley McGee P.O. Box 416 Corona, CA 91718 Re: 680 W. 11th Street San Bernardino, CA Open/Vacant SFR APN #: 140 031 26 Report/Project No: 89-3490 This notice is property located California. hereby served on you as at 680 West 11th Street owner(s) of the San Bernardino, The building(s) located on the above property was found open, vacant and an attractive nuisance, in violation of the San Bernardino Municipal Code sections 15:28.010(A) (11), 15:28 (140A) and 15:28.150. An emergency abatement of the above property was necessary to protect the health and safety of the community, therefore the City boarded, secured and cleaned the property. The building has been posted against entry. In addition, a "Notice of Pendency of Administrative Proceedings against the above property has been filed with the County Recorder's Office. The costs incurred by the City to abate the property were $1.806.00 This amount should be paid to the city within thirty (30) days of this notice or a lien will be placed on the above property. An appeal may be made to the Board of Building commissioners at the above address, within ten (10) days of this notice, and a hearing will be scheduled at the next regular meeting of the Board. The written appeal should include: (a) the specific action appealed fromi (b) the specific grounds of appeali and (c) the relief or action sought from the Board 3 'J 0 N 0 Fl T !-o CALIFORNIA o S i ~ E ~ T ~2J~a JOG1 S~'\j BERN.:..RDINQ 7'.'38.-527. Abatement Demand Letter Page 2 If the abatement action and costs are not annuled by the Board of Building Commissioners, then the City will lien the above property, unless the costs are paid within thirty (30) days of the hearing. Director/Building Official Department of Building & Safety Code Compliance Officer Phone: (714) 384-5205 By: City of San Bernardino L artment of Building and S. ~ty Code Enforcement Division statement of Costs Project No. 89-3490 San Bernardino Municipal Code, Title 15 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino in abating the public nuisance that existed on the property located at: 680 W. 11th Street Owner: Robert & Shirley McGee Address: P.O. Box 416. Corona. CA 91718 Assessors No: 140 031 26 More particularly described as: La Fluer Tract Tr. No.1784 Lot 4 and E 10Ft Lots12 & 3 ITEMIZATION Building and Safety Department Costs: Title Search Inspector's Time Secretary's Time Comp & Retirement Equipment certified Mailing Pictures Administrative Costs Costs from Previous Hearing Hearing Time Attorney's Costs Contractor's Costs $ $ $ $ $ $ $ 40% $ 516.00 -$ $ $ $1290.00 TOTAL COSTS $1806.00 SBMC: 15:28 Date: october By: Approved by: LUrL;,IO '--......-"---, oct17,1989 Board of Building commissioners 300 N.D St, SanBernardino,Calif 92418-0001 APPEAL FOR ANNULMENT OF RE: 680 W.llth St San Bernardino.Calif APN# 140 031 26 Report / Project NO: 89-3490 . Gentlemen: We strongly object to thy action taken by the city of San Bernardino - without notification to us.~he owner of subject property,Robert McGee, was seriously injured in a "Hit and'Run" automobile crash earlier this year and has been disabled since.The other car was being driven at high speed down city street~by a teenage car_thief,who was being pursued by police cars at the time~ 1he factS and details are in city of Corona Pol- ice traffic report No-8900002037. While Mr McGee was in the hospital and when he was unable to respond,the tenants living at the subject property at,680 w.llth St,in San ~Rrnardin0, heard about Mr McGee's disability: they took advantage of it by refusing to pay rent for 4 months.Mr& Mrs McGee were unable to travel the 55 mile round-trip to San Bernardino to try to collect the rent - nor to appear in court for an eviction action, nor could they afford to hire an attorney to do the eviction.Finally, in desperation and behind on ~0rtU~0e payments,Mr & Mrs McGee did file case # C-122259-an eviction action,"in pro per".The S.B.municipal court kept sending the papers back to the McGee's,stating the papers were "inadequate" After two months of delays,the (McGee's) finally sent the "correct" papers to the court and received a ""rit_oi-pn~~e~sion" from the court.Upon rec- eiving the writ notice to vacate,the tenant cunningly proceeded to sub-Ip.~ our house at 680 w,llth st,to ~Ng~HER (unknown)group of people in vio- lation of our written rental agreement.Therafter,the people to whom our house was illegally rented filec' a "third partY06uit~ further delaying the eviction process. Finally on sept 28th,1989, the marshal was ~~~ to physically evict the illegal tenants, who were "street people". Mfkwas barely recovered enough(7 months) after the "HIT-AND-Ru~"auto crash to meet the marshal and receive his receipt (see enclosed) for possesion of MrMcGee's house on sept 28,1989 .On that same day, while marshal S0t. W.R.Wayman was still on the property,Mr and Mrs McGee caused the house to be ~ thoroughly secured with all doors PADLOCKED AND NAILED shutl all windows were double locked and nailed shut.S9t wayman said it was a "VERY 3e~quatc io~" of securing the property! The illegal occupants Sgt, Wayman had just physically evicted kept "driving by"the house looking to see if all had departed. Mr & Mrs McGee asked Sgt,Wayman if he would mind to "check" on the noW FullY secured house on his way home that same evening, Sgt,wayman agreed~' ~ retur~to the house at 680 w,llth St,that same evening,Sgt,wayman wit- nessed one of the"street people" trying to br8~k in the rear door and found that the door onlY was almost destroyed. Sgt,wayman telephoned the owners,MR & Mrs McGee, in Corona,Ca. That same evening and told them he ONLY . SubSequently,on oct h,LesS than one week later ~he owners,Mr & Mrs McGee secured a handyman to come inspect said pr~ .rty for the purpose of cleaning and painting out the house,to get it ready for inspection by the section 8,rent_"sist,nCe proqr,m inspector.The handyman-contractor found that the city of San Bernardino had boarded up e~y single win- dow and door. '1f The contractor who was sent out by the city of san Bernardino,~~' ~ all of ~ padloCKS with crow-bars andJinstead of raising the win- dows slightly,to allow the bolts which hold the boards to go through to anchor boards inside,he just drove the bolts through all of the window qlass BREAKING al~ost every window in the house! sgt,wayman will verifY that ~ll these windows were NOT broken until the city ofS.B, sent the contractor out to the property.A1SO several items were stolen from inside the house. Mr & Mrs HcGee were ~ given any time to get their ovm contractor i nor were they notified of the city's intentions.Therefore we,the owners of the subject property request and demand an annulment of th~ abatement action,a rr~~in~mE'nt of costs claimed by the city of San Bernardino, for improper response to sgt,wayman's request ~ reimbursement by the city of San Bernardino to the owners,~1r and Mrs McGee, of the damage a~ destruction of windows,lOcks,hasps and other missing items-By the contractor whom the city of San Bernardino sent out to "secure" our already secured property. _____ __,____ ____ ____ ___4 SincerelY yours ~~~J/~~ Mr and Mrs R.McGee cc:file ;Wm Sullivan, NOTIcr 'F HEARING BEFORE THE BOARD OF BUILDING . COMMISSIONERS OF THE CITY OF SAN BERN. .JINO [;:y:."//I/> ,17' II C'- I, .;..,..- Report/Project No 89-3490 November 17, 1989 Robert & Shirley McGee P.O. Box 416 Corona, CA 91718 The owner of the building situated at 680 West 11th St. is hereby notified to appear before the Board of Commissioners of the City of San Bernardino at its meeting to be held on December 1, 1989 at the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California, at the hour of 9:00 a.m. or as soon thereafter as he may be heard and show cause, if any he has, why said building should not be condemned as a public nuisance and said nuisance be abated by the City of San Bernardino by repairing, rehabilitation or demolishing and removing same and charging the costs thereof to the owner as provided in the San Bernardino Municipal Code, Title 15. I The sum of costs incurred to date and the alleged defects of the building are set forth in "Exhibit A" attached hereto and incorporated herein by reference. ~ /'k/" Clerk of the Board of Building Commissioners City of San Bernardino, California cc: Security Pacific National Bank Nima, Inc. CITY OF SAN BERNARDINO r~ L._.'ARTMENT OF BUILDING AND SAFETY CODE ENFORCEMENT DIVISION STATEMENT OF COSTS PROJECT NO 89-3490 SAN BERNARDINO MUNICIPAL CODE, TITLE 15 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino in abating the public nuisance that existed on the property located at: 680 Wpc;t 1 lth C;t Owner: Robert M and Shirley A McGee Address: P.O. Box 416, eorona, eA 91718 Assessors No: 140 011 ?n More particularly described as: La Fluer Tract Tr. No 1784 lot 4 and E 10 ft lots 12 & 3 ITEMIZATION Building and Safety Department Costs: Tit 1 e Sea rch Inspector's Time Secretary's Time Comp & Retirement Equipment Certified Mailing Pictures Costs from Previous Hearing Hearing Time Attorney's Costs Contractors's Costs S 25.00 2 x 516/hr S 32.00 2 x 513/hr S 26.00 25~~ S 14.50 x 50c 5 x 52 x 2 S 8 x $1 S 8.00 S S 50.00 S 40.00 $2740.50 SUB TOTAL S 2936.00 40% S 1096.20 TOTAL COSTS $ 4032.20 Administrative Costs SBMC: 15.28 Date: Novemer 17. 1989 By: /-4.-1:-' iJ--L./~..t -~ Code compl~Ojficer Approved by' ~ Rev. 10/88 BOARD OF JUILDING COMMISSIONERS AGE~ A ITEM NEW BUSINESS AGENDA DATE: December 1, 1989 ITEM No. 14 PUBLIC HEARING - CASE NO. 89-3490 LOCATION: 680 West 11th street 1. Staff Report CURRENT ZONING: RM 2. Present pictures 3. Open Public Hearing OWNER(S): Robert & Shirley McGee 4. Comments by Interested Parties 5. Close Public Hearing CURRENT COSTS: $ 4,032.2 6. Discussion CASE OFFICER: A. L. Williams 7. Resolution 8. Votes Required: Majority of Members Present 9. 15-Day Right of Appeal (advise) BACKGROUND: An inspection was made request. The structure Department requested an other unlawful acts. on September 29, 1989 at Police Department was found to be open and vacant. The police emergency boardup due to drug activities and An emergency abatement was done and costs incurred. The structure had been boarded up at some previous date, but was not secured to city/FHA standards and was easily entered by transients. The yard and house were filled with trash and debris. Mr. and Mrs. McGee are protesting the costs. STAFF RECOMMENDATION: To adopt an order: that the owner(s) is directed to keep vacant building(s) boarded and secure and to keep the premises free of debris, trash, and graffiti. And to incur all current and future costs in the form of a lien against the property or a personal obligation of the owner(s). AGENDA: ITEM. 12/89-14 AGENDA: ITEM. 12/89-14 11/27/89 Page 1 ,..,. ~ ! 'fC/lI~/r '~ I CITY OF SAN BERNARDINO 300 NORTH "D"STREET,SAN BERNARDINO, CALIFORNIA 92418 Robert & Shirley McGee P.O. Box 416 eorona, eA 91718 December 13, 1989 Re: 89-3490 680 West 11th Street San Bernardino, eA Dear Property Owner, The notification you received informing you of the December 1st, 1989 meeting of the Board of Building eommissioners, was to hear your protest outlined in your letter of October 17,1989. Your failure to appear at this hearing resulted in your protest being denied. The property will now go to lien. There is one appeal left for you at this time. You may appeal the Board of Building eommissioners decision to Mayor and eommon Council within fifteen (15) days. Please address this appeal to the City Clerk's office, City of San Bernardino. . (, C-v-- ." / ,. l;./~ 1.-L / Respectfully, Don H.Hesterley eode eompliance Supervisor DHH/pm Dec. 6,1989 Robert & Shirley MCGE P.o. 30~ 4161-18 Coron<1,L.c. 9 I 71<:-737-0"'62 City of San Bernardino Buileing ~ne Safety Dept. 300 N. D St. San BerTIcreinc,Ca. 92~18-0001 Re: 89-3490 Gei1tl~nen: Mr. Robert McGee bas been out of town for several ~?y~,getting doctor~ th~rapy for his severe injuries in an automobile acci~ent e2rlier this year.Tocay,Dec.6,1989 was the first ti~e he was able to :et to tbe Post Office to stano in line and sisn for the cert- ified letter fron your office. T~e s~bject letter mentions a meeting to be hel~ on Dec.1,1989 ~t 9~r';cr ~s soon thereafter as he may he heard an~ show causewhy ~\,]-,y onr house at 680 ,\'est 11 th St, San Bernarc ino shou lc1 not be con- cermec ~ The subject letter from your office completely ignores our previollS letter fro~ ourselves to your office,e~plaining that we ~ic not even get our Writ-of-Possesion on 680 West 11th St from the Marshal until almost the last =.ay of October. Thereafter,less than one week later,when we were able to get a contractor to meet us at the house,you had already sent someone out an~ boarded up our house~ We also explained in our recent letter to you that the people who boarced up our house bro~e 18 of our windows,by not ~oing the boarding job the proper way.We also plan to file complaint with D.A.'s office against our tenant,who allowed such thing~that are in PoliceReport. After all the above,we hired a contractor to go in ane completely renovate our house. He has just completed the job,as of this wee~.Our house is nov in excellant condition and all newly p~inte6 inside,We are 3bout to 5t~rt painting the outside trim this wee~.Thereafter, we have in~uired into the Section 8 Rent ~ssist~nce Progr~m,whereby one of their applicants who has been on a waiting list for their program will have their (Sect.8) Inspector come out to inspect our newly renovated house,so that it can be put on their RentAssistance Frogram. After we have rented our house on this program,we h2ve plans for our Guest House in the rear to be brought up to code i;ith a contractor We invite the City Builc1ing Dept. to co~e ~nc inspect our newly renovated house also,to prove to their satisf3ction that our house at 680 West 11th St. is NOT a ~public nuisance which should be abated- ,lI.rter O'.1r hou2e TI-re,~.tec ,-Ie ,vill be :::b12 to rB~{e p21'1en':s on co"t"tQ If this letter,plus our previous letter in Nov, '89 to ycur office1D ~ does not settle this matter with your office,we request a hearing,as per your Nov. '89 letter which we receivec only today. We would appreciate your telephoning us before sending an inspector to see our renovated ~ouse. Sincerely Your~, ! /f?~dlJ:ti/LjY2.r.&~. Robert & Shirle~Gee RMM;sm '-' f -: Y II I/?( r ' G I I CITY f2..LERI< FOy~Mayor and Co~mon Council City of San Bernardino 300 N. "0" St. San Bernarcinio,Ca. 92418 Robert & Shirley McGeE P.O. Box <16, Coron2,C~. 91718 (71L) 737-0L62 RECE'\''''- ~"I',' ,..-, I,' ._, :Kr '89 DEe 21 P4 :14 Re: ~~ij3~O from Board of Building Commissioners Hearing Gentlemen: On Oct. 28,1989 f~e ,as Plaintiffs in an Unla~ful Detainer Eviction Action ,Case No. l22259,in yhe San Bernardino Municipal Court, received a Writ of Possesion from the Court for our house located at 680 West 11th St. in San Bernardino. A Ser~ent W.R. Wayman was the Marshal who met us at the property and gave us posses ion of our house,per the Court's Writ. At the time we met Sgt. Wayman at the property he proceec.ed to remove all persons occupying our house and gave us a receipt for possesion,which we signed. While Sgt. Wayman was still on the premises at 680 West 11th St., we proceeded to lock and secure all doors and windows on our house.Sgt. Wayman witnesses that we not only locked all doors and windows,but we also installed hasps and padlocks on all doors and nailed all windows shut. Sgt. Wayman commented at the time that we had done a yery thoroucrh jo~ of securing our house. When we were ready to leave and come back home to Corona,Ca. we noticed that the tenant whom Sgt. Wayman had just physically evicted kept driving by the house to see if we were all still there.Upon our all observing the tenant doing this,we asked Sgt.Wayman if he would mind "checking" our house on his.way home that night.Sgt. Wayman agreed. Appro:cimately 7pm that night,Sgt. Wayman called us on the telephone at our home in Corona. He said that he had gone by our house on his way home and found the tenant he had just evicted that afternoon breaking the glass on our rear door on our house,and gaining entry. Sgt. Wayman said when he appeared in front of the house,the tenant,who was inside then ran to the back where he had broken into the house and escaped by jumping over our rear fence to the adjacent property. Since there had been damage to the rear door on our house,Sgt. Wayman told us he was going to ask the Bldg. and Safety Dept. to se- that back door onlY. Since the evicted tenant had already broken our back door,and since it was late at night,we had no choice but to agree, in order to keep the tenant from returning to do more damage to our house. When we later made arrangements for a contractor to meet us at our house,LESS THAN 72 HOURS LATER ,we were completely amazed to see that the City Bldg. and Safety Dept had sent someone out and RIPPED ALL OF r\nT"ll _ .h ALL OUR PADLOCKS Orr and installed boards over LL of our coors ~nd windows,installing their own padlockS: In addition,the contractor who did the work did not bother to follOW the standard F.H.A. board-up procedure;they simply drove their bolts throuQn all of the windows, breaking the glass in all of our windows: (FHA board-up procedure calls for simply raising the window slightlY on the bottom and low- ering the window slightlY on the top,to allow the bolts to go inside to the anchor-boards,so that no windows will be damaged) .This pro- cedure was ignored and all of our windows were simply broken out: When we saw this had been done to our house,less than 72 hours from the time we got the Marshal's possesion,AND after we had just done such a good job of securing our house,as witnessed by sgt.wayman, we complained loudly to the city Bldg. and Safety Dept..In addition, we wrote a certified letter to the City Bldg. and Safety Dept.pro- testing the "OVER-REACTION" of doing these things to our house:Our letter was IGNORED by the San Bernardino Bldg. and Safety Dept.: We then demanded a hearing by the Board of Building Commissioners. ~n Dpc. 6.1gR9. we received a certified letter from the San Bernardino Bldg. and Safety Dept.,advising us that there was going to be a Hearing before the Board of Bldg. commissioners,regarding our complaint,on DEC. 1st,1989lBy the time we received this letter,they had already had the Hearing and denied our complainEI We bitterly complained of this "OVER-REACTION of Sgt. wayman's Report and of the ridiculous notification and holding of Hearing BEFORE we even received the NOTIFICATION OF SUCH MEETING.: Now,on Dec. lS,we have received another letter from City of San Bernardino,telling us that we have one appeal left on this matter: we are to send this letter of Appeal to the Mayor and Common council before Dec. 28,1989 and address to city Clerk's Office,for apparent chance to hear OF OUR MISTREATMENT by the San Bernardino city Bldg. Safety Dept.: It appears that we now must ask the Mayorand Common Council to take our unjust treatment by the over-reactive Bldg. and Safety Dept. under consideration to give us relief from the thousands of dollars they are liening our property with and demanding we pay;this lien and billing is for unnecessary security work which had already been done-and it includes over S1000. for "Administrative fees". What did the over $12,000. in Property taxes we have paid in the past 14 years go for? If the Mayor and Common council grant us a hearing after Jan.1, 1990,we request time to prepare our presentation and we request that sgt. W.R. Wayman of the Marshal's Office be present. Thank you for your consideration in this matter. ~~~d;j Robert and Shirley McGee Homeowners and citizens with rights. RMM;sam cc: file M. Irvine