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, Clt'Y OF SAN BE', JARDINO~ REQUES1 FOR COUNCIL ACTIO~
From: Manuel P. Moreno, Jr.,
Director of Public Services
Dept: Public Services
Subject: Weed Abatement Assessment on Parcel Nos.
0145 233 OS, 0145 233 06, 0145 233 07
Date: February 21, 1990
Synopsis of Previous Council action:
February 2, 1990 -- Protest hearing before the Board of Building Commissioners.
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c:::. CO)
Recommended motion:
That the appeal of George Sperling relative to the assessment made by the
Board of Building Commissioners with regard to the abatement of weeds
from property located on "F" Street between Baseline and 13th Streets be
denied and the decision by the Board of Buiilding Commissioners be upheld.
Contact person: Manuel P. Moreno. ,1r
Phone:
384-5045
Supporting data attached:
Staff Report
Ward:
2nd
FUNDING REQUIREMENTS:
Amount:
none
Source: (Acct. No,)
(Acct. DescriPtion)
Finance:
Council Notes:
Agenda Item No.
4~
'CITY OF SAN BER,,-..ARDINO - REQUEST ,,10R COUNCIL ACTION
STAFF REPORT
On September 20, 1989, a "Notice to Clean premises" was mailed. to Mr.
George Sperling, PO Box 832, Pebble Beach, CA 93953, regarding property parcel
nos.: 0145 233 05 through 07, located on "F" Street between Baseline and 13th
Streets. A copy of the notices are attached as Exhibits "A, Band C".
The above parcels required hand work and this was done by H & H Enterprises
on October 3, 1989 (the hand work consisted of removal of tumbleweeds at a cost
of $60.00 per parcel. The administration fee of $75.00 per parcel was added to
his charge for a total amount due of $405.00).
On October 18, 1989, along with his bill, Mr. Sperling was sent a notice of
hearing before the Board of Building Corrmissioners on December 1, 1989,
regarding the assessment costs for the abatement of his parcels. Mr. Sperling
paid the assessment of $405.00 and wrote protesting the assessment amount.
Mr. Sperling's protest was rescheduled for February 2, 1990 since Mr. Sperling
submitted his protest past the deadline for the December hearing and no meeting
was held in January due to the Holiday. Mr. Sperling was notified of the
rescheduling of the hearing by the Abatement Coordinator.
The hearing on the assessments on Mr. Sperling I s property was held on
February 2, 1990. Evidence was presented to the Board of Building Corrmissioners
regarding Mr. Sperling's abatement and assessment costs. Based on the evidence
presented, the Board unanimously adopted the sum of $405.00 to be assessed
against Mr. Sperling.
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1"
Box 832
Pebble Beach, Ca.
February 8, 1990
93953
RECEIV~"ln.T y r!E~r
Mayor and Common Council
Ci ty of San Berna:4dinOEB 1
300 North D Street;'U r 2 P 1 :14
San Bernardino, Ca. 92418
....-...
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In re: Appeal of Weed Abatement charges
145-233 -- 05,06,07
George E. Sperling, Jr. and Elizabeth S. Sperling
Gentlemen:
I protested the weed abatement charges for the above parcels as par-
cels - billed on invoice No. W 17861 and was denied by the Board
of Building Commission at their February, 1990 meeting. A copy of
this denial is attached.
We ~re appealing the action of the Board of Building Commission be-
cause they did not follow the statements made by me as to the facts
in the case, and why the said abatement charges were improper. As I
explained in my previous letter, the Notice to ABate Weeds on the lots
was dated November 10, 1989. On the very day this Notice was dated
and sent to us at Pebble Beach, California, we were in San Bernardino
and cleaned up the lots and paid monies to take care of them. The
offices in City Hall were closed that day because of celebrating
Armistice Day, and we were unable to reach your Weed Abatement sec-
tion then.
We also received Notice of the City of San Bernardino's taking pic-
tures of the lots on or about January 29, 1990. We personally went
to San Bernardino the afternoon your representatives took pictures
of the property and made arrangements for cleaning up the entire pro-
perty and paid monies to do this. We have been paying more money to
take care of this weed abatement problem, and every time that we do
some work so far, the neighbors follow up by dumping material on the
Acacia lot. Being an absentee owner, it is impossible for us to view
the premises each day, and sometimes a short period elapses between
the time we are informed that work has to be done and the times we
do weed abatement work.
With respect to the above invoice, we talked to the Weed Abatement
section, and they acted quickly to have an outside concern move in
and do the work. As a practical matter, the people did not do the
work on the property but took care of grading the lots to the east
of our three lots on F Street. We wrote that this was poor practice
on the part of your weed Abatement section to try to charge us for
their work when t' parties were employed to take care of the above
lots.
The amount of the invoice is not very large, but as a matter of prin-
ciple we believe we were unjustly charged for it. We are appealing
for that reason, and we hope you will honor our appeal and relieve
us from paying the amount of the invoice.
Si~cerely yours,
EXHIBIT "A"
~ CITY OF SAN BERN.
,
JINO
DEPARTMENT C. ,L1C SERVICES
ABATEMENT SECTION
300 North "D" Street
San Bernardino. CA 92418
171413845045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
George Soerlin~
P.O. Ibx 832
Pebble Beach, CA 93953
RE PARCEL 145-233-05
PROPERTV DESCRiPTIO'"
Bv v"tue of the weed abatement rules and regulations of the C,tV of San Bernardino. San Bernaro,no MUnicipal Code Chapter 8,27. you are hereo.'
notd,ea to remove from your property. wh,ch IS descnbed above. anv and all of the Items descrbed below which constitute or mav constitute a
public nUisance so that the removal thereof IS necessarv to protect the health and safety of tne Inhabitants of said City:
.....--
~ Weeds and Grass
~ Tumbleweeds
rx- All DebriS ana
L-...; Combustible Malenals
,.......,
U Other ISee Be'ow.
Notice IS ~erebv g'ven pursuant to Section 8.27.040 of tne San 8ernardino Mun'clpal Code that the ~ublic Services D"ector of the C,ty of San Berna'cI~.c
has oe~ermtned ~hat a nUIsance ex:sts on or abutting the property descrlbec :" thiS ~otlce O. o!'" ~"',e parkway thereof Tne nuisance conSlsa of ::"'~
or more 0' the follOWing: weeds, sagebrush. chaparral, brush. dry vegetation or veg~tatlon w..:h attains such extenSive growth as to beco"T'le a:
fIfe menace when drv, pOison oak or IVV or other plants wh,en are noxIOuS or dangerous. or; ,,'ass. stubble. brush. deadwood. dead or olsease=
trees, dead or drV palm fronds. fences In dlsrepa" or broken. Iitler. flammable matenal which creates a fIfe hazard. containers, abandoned aso"\a.:
or concrete. rubbie or waste matenals. You must abate or remove thiS nu!sance Wltrun ten \~O! days of the date of thiS notice; otherWise It '^:
be removea and abated bv the Citv of San Bernardino. In which case the cost for such remo.a' will be assessed upon the property from .....h,:-
or abutllng the propertv from which. said nUisance IS removed. and such costs will cpnSl1tute a tax lien on such lots or land until paId.
Anv person objecting to th,s determination of a nuisance or to the proposea remova! ana aba~!ment of said nUisance. mav file a wntlen o,o:es:
.....,th the C,tV Clerk not later than ten 1101 days from the date of thiS Notice. The Cltv Cieri< s~.a': transmit such protests prompt IV to the Boare 0'
Building CommiSSioners of San Bernardino.
Notice 's further given that said protest shall be heard before the Board of BUIJdlng Comm,sslor.!rs ,n the Council Chambers at C,tv Hall. 300 t'.o':",
"0" Street. San Bernardino. California. on the f"st Fndav of the next month after the date of t~.'s notice at 9:00 In the morning. If a t,melv protest
. as been fIIea. you or Vour agent mav appear at said heanng and be heard and mav present ane ~,ear eVidence concerning the proposed aba:err:e".:.
'.
The Public Services O"ector has also determined that the oropertv described in th,s Notice sucports the growth of weeds. dead or dry palm frones
al"d drv grass which are seasonal and recurrent nUisances that must also be removed and aba:ed hereafter from lime to time. Notice of regro...:n
of thiS nUisance dUring thiS calendar year WIll be given w,thcut further heanng. Failure to abate s~=h recurring conditions will result ,n the City abal!rg
such nu:sance. In which case the cost of such removal Shall constItute a taJ. lien upon the orc=~rtv descnbed ~n thiS Notice until paio. The eff,c;e":
and econor""llcal control o~ such seasonal and recurrent nUisances may reculre preven~atlve che-'Ical control of such weeds. weed seeds. and '^ef::
seedlings. and the C,tV may reou"e preventative chemical control of such nUIsances.
'--- If cnec..ed here. then the follOWing Notice of Regrowth applies instead:
A "Notice to Clean Premises." as stated above. was previously mailed to you declarmg a nUisance on the above prooerty. That Notice. which recu:H!:
removal or a::a:ement of such nUisance. also declarea that substanllal regrowth must be a~a:!~ The above propertv was recentlv Ins~ectec a-=
the remova~ of any or all of the follOWing Items IS recu"ed at thiS time.
Weecs and Grass
Ii
U Tumbleweeds
.....--
~
Other
Vou are hereby urged to perform the abatement work indicated within ten 110' aavs from :~.e date of thiS Notice. If the property IS not c~eaned
ane t~e nu,sa"ce abate::! within thiS time. the CltV wili have the work done to a~a:e t",e nu'sance and will assess the costs thereof as a ~ax '.!"
aga'nst the cropertv. No heanngs are conducted on Notices of Regrowth.
ABA TE\'E~ T COOROJNA TOR
OEPARTME'. T OF PUB~IC SERVICES
1714138.. 5045
A9A TE"~:';i "'US- SE COMPLETEO
\\ITiW\ it~ DA VS OF THE OA TE BELOW
DATE
9-20-139
J:4,.I1.l.0.l.'! . o'
.
C~TY OF SAN BERN
JINO
DEPARTMENT, dllC SERVICES
ABATEMENT SECTION
300 North "0" Street
San Bernardino, CA 92418
(714) 384-5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
George Sperling
P.O. Box 832
Pebble Beach, CA 93953
RE. PARCEL
PROPERTY DEkt~pf~-:-06
By virtue of the weed abatement rules and regulations of the City of San Bernardino, San Bernardino Municipal Code Chapter B.27, you are hereby
notified to remove f,om your property, which IS deSCribed above, any and all of the 'tems deSCribed below which conSlllute or may constitute a
publoc nUIsance so that the removal thereof IS necessary to protect the health and safety of the ,nhab,tants of said City:
I '
~
VVeeds and Grass
~ Tumbleweeds
~
~
All DebriS and
Combustible Materials
o
. Other ISee Belowl
Notice IS hereby give" pursuant to SectIon 8.27.040 of the San Bernardino MuniCipal Code that the Public Services Director of the City of San Bemardlno
has determl~ed that a nUisance eXIsts on or abutting the property descTlbec In thiS NotiCe or on the parkway thereof. The nUisance cons,sts of one
or mo~e of tne follOWing: weeds. sagebrush. chaoarral, brush. dry vegetation or vegetation which attains such extensIve growth as to become a
fore menace when dry, pOison oak or IVY or other plants which are noxIOus or dangerous. dry grass. stubble, brush, deadwood, dead or d,sease::
trees. dead or, dry palm fronds, fences In disrepair or broken, lo11er, flammable material which creates a fire hazard, containers, abandoned aspha,t
or concrete, rubble or waste materials. You must abate or remove thiS nUisance Within ten f101 days of the date of thiS notice: otherWise It WI::
be re,""oved and abated by the City of San BernardIno. In which case the cost fOl such removal Will be assessed upon the property from WhICh,
or abu::lng the property from which. said nUisance IS 'emoved, and sucn costs Will constitute a tax !ten on such lots or land until paId.
Any person obJecting to thIS determination of a nuisance or to the proposed removal and abatement of said nuisance, may tole a wrotten orotest
With t~e City Clerk no: later than ten 110l days from the date of thiS Notice The City Clerk shall transmit such protests promptly to the Board of
Buoldl:"lg CommiSSIoners of San Bernardino
Notice IS further given that saId protest shall be heard before the Board of BuddIng CommiSSioners'" the Council Chambers at City Hall, 300 Nortb
"0" Street, San Bernardino, Calofornla, on the first Froday of the next montn after the date of thiS notice at 9:00 in the morning, If a timely protest
has been !.ied, you or your agent may appear at said hearong and be heard and may present and hear eVidence concerning the proposed abateme:"lt,
The Publoc Services Director has also determ,ned that the property descroced '" thiS Notice supports the growth of weeds, dead or dry palm froncs
and dry grass whIch are seasonal and recuflent nUIsances that must also be removed and abated hereafter from tIme to time. Notice of regrown1
of thiS nUisance durong thiS calendar year Will be given w,thout further hea',ng. Failure to abate such recurrong .conditlons Will result in the City abating
such nUisance, In which case the cost of such removal shall constitute a tax Ioen upon the property descrobed In thIS 'Jot Ice until pa,d. The e'flcle"t
and economIcal control of such seasonal and recuflent nUisances mav reoulre preventative chemical control of such weeds. weed seeos. and weee
seedlings. and the City may require preventative chemical control of such nUisances.
r--
L If checked here, then the following Notice of Regrowth applies Ins:ead:
A "!IIotice:o Clean PremIses." as stated above, was p,eviously maoled to y~u, declarong a nUisance on the above property. That Notice, which reou"e~
removal or abatement of such nUisance, also declared that substantia' regrowth must be abated The above property was recently Inspected. an,
the removai of any or all of tl1e follOWing items 1$ reOUlred at thiS time:
VVeeds and Grass
r
Tumbleweeds
o
Other
You are hereby urged to perform the abatement work ,ndlcated within ten (101 days from the date of thiS Notice. If the property IS not cleane<
ana t~e nUIsance abated WIth", thiS time, the C,ty ,....,11 have the wor< dcne to abate the nUlsa:"lce and Will assess the costs thereof as a tex i'e'
age,ns: the proper tv . No hearongs are conducted on Notices of Regrowth
ABA TE\~ENT COORDINATOR
DEPAR:~.1ENT OF PUBLIC SERVICES
1714,3845045
ABA TEMENT MUST BE COMPLETED
WITHIN TEN DAYS OF THE DATE BELOW
DA TE: 9-20-89
t.hh.l.b.l.'.l. '1.,;
.
crrv OF SAN BERN -
..)INO
DEPARTMENT aue SERVICES
ABATEMENT Sh. TION
300 North "D" Street
San Bernardino. CA 924 i 8
171413845045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
RE PARCEL 145-233-07
PROPERTY DESCRIPTION:
George Sperling
P.O. Box 832
Pebble Beach CA 93953
Bv virtue of the weed abatement rules and regulations of the City of San Bernardino. San Bernardino M~nlclpa: Code Chapter 8.27. you are hereo\
not.f'ed to remove from your property, which IS descrtbed above. any anc all of the Items descrtbed be'ow which constitute or may constitute a
ououc nUisance so that the removal thereof IS necessary to protect the health and safety of the Inhao,tants of said City:
Weeds and Grass
~
Tumbleweeds
[J
All Debns and
Combustible Matertals
n
.,.......
Other ISee Bela,^,
r-.otlce IS hereby given pursuant to Section 8.27.040 of the San Bernard,no MuniCipal Code that the Public Services Dlrec:or of the City of San Bernard'~c
~as oetermmeo that a nUIsance exists on or aout1.lng tMe propertv cescr:oed In thiS Notice or on the po'~wav thereof. The nUisance consrs!s of or,';
C' :'T1Qre of the follOWing. weedS. sagebrush. chaparral, brush. dry vege~a~lon or vegetation which aaalns such exte.,s:ve growth as to become ::
-Ife menace when dry. pOIson oak or IVY or other plar.ts which are noXIOUs or dangerous. dry grass. s:ubble. brush, deadwood. aead or disease:
trees. dead or dry palm frondS. fences In Ctsre:::alr or broken, litter. flamf'T'\aoie mateqal which creates a fIre hazard. containers. abanconed asoha:
or concrete, rubble or waste matenals. You must abate or remove th,S nUisance within ten 1101 oa\,s of the date of thiS notice: otherWIse It v.
be removed and abated bv the City of San BernardinO. In which case the cost for such 'emoval will be assessed uoon the property from whlC"
or atlutllng the property from which. said nUisance IS removed. and SuCh costs wlil conSltlute a tal ;,en on such lots or land until paid
Any person objecting to thiS determination of a nUisance or to the proposed removal and abatement of said nUisance. may file a wrtlten orates:
",,:n the City Clerk not later than ten (101 days from the date of thiS lI.ot,ce The City Clerk shall trar.smlt such protests promptly :0 the Board C'
8~"alng Commissioners of San Bernardino.
Notice is further g,veh that said protest shall be heara before the Board 0' Building CommiSSioners In the Council Chambers at Cltv Hall. 300 Nor:-
"D" Street, San Bernardino. California, on the first Fndav of the next month after the date of thiS not,ce at 9:00 In the morning. If a timely prates:
has been filed. vou or your agent may appear at said heartng and be hearc and may present and hear eVIdence concerning the proposed abate men:
The Public Services Director has also determined that the property described In thiS Notice supports the growth of weeds, dead or dry palm froncl
and ar',' grass which are seasonal and recurrent nUisances that must also be removed and abated hereafter from time to time. Notice of regrow:-
of thiS nuisance dunng thiS calendar year will be given Without further heanng. Failure to abate such rec,"'lng condltlOhS ",ill result in the C,tv aba::n;
s~:h nUisance, In which case the cost of such removal shall constitute a tax lien uoon the property cescrtbea In thiS "'otlce until paid The eff,cle-
a~c economical control of such seasonal and recurrent nUIsances may reouire preventative chemlcai control of such weeds. weed seecs. and w~.::
seedlings. and the City may reQuire preventative chen-Hcal control of such nUisances.
If checked here. then the follOWing Notice of Regrowth applies instead:
A "Notice to Clean Premises." as stated above. was preViously mailed to you. declartng a nUisance on the above property That Notice. which reQUire
removal or abatement of such nUisance. also aeclared that substantia! regrowth must be aoated. The above property was recen:ly Insoected. a-
the removal of any or all of the follOWing Items IS reoulred at thIS time.
Weeds and Grass
c;
Tumbleweeds
n
L-'
Other
You are hereby urged to perform the abatement work ,ndlcated Within ten 1101 days from the date of this Notice. If the property IS not cleanE
and the nUisance abated WIthin this time. the City Will have the V'vork done to abate the nUlsanc~ and Will assess tr-e costs therec' as a tax
a;;alnst the praper:v No heartngs are conducted on Notices of Reg"owth.
ABATEMENT CDORDINATOR
CE;:>ARTMENT CF PUBLIC SERVICES
17141384.5045
ABA TEMENT ~UST BE CO\o1PlHED
WITHIN TEll. DA VS OF TI-'E DA TE BELOW
DATE:
9-20-89