HomeMy WebLinkAbout38-Planning
CITY OF SAN BERNlIlRDINO~ REQUEST FvR COUNCIL ACTI~N
Larry E. Reed, Director
Appeal of demolition order
Subject: and costs incurred by BBC
on March 2, 1990, by Edythe
Hobart, Re: 1424 W. Walnut
F-"Im:
Planning and Building Services
Dept:
March 20, 1990
Date:
Synopsis of Previous Council action:
None
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Recommended motion:
That the Board of Building Commissioners finding of February ~, 1990
that the City had incurred costs of $335.65 for abatement act~ons at
l424 W Walnut and the BBC Order to assess the costs of the abatement
as a lien agai~st the property and a personal obligation of the owner,
be upheld.
CC:
Marshall Julian, city Administrator
Jim Richardson, Deputy City Administrator
Patricia Zimmermann, Deputy City Attorney
db) r--h1
Signature
Don H. Hesterley
Contact person:
Staff Report
Supporting data attached:
384-5257
Phone:
Ward 3
Ward:
FUNDING REQUIREMENTS:
Amount:
$335,65
Source: (Acct. No,) 001 181 53156
(Acct. Description) Building Demolition Costs
Finance:
r -'mcil Notes:
COUNCIL:CA.REQUEST-8
75.0262
Agenda Item No -3 g
CITY OF SAN BERRARDINO - REQUEST fiOR COUNCIL ACTION
STAFF REPORT
BACKGROUND:
The following is a chronological chart of events for the building(s)
located at 1424 West Walnut.
1. 2/9/87
The condition of the structure came to the attention of
Code Enforcement section through a complaint. The
structure was found to be open and vacant, and had been so
for over six (6) months. The owner was notified and the
owner secured the structure.
2.
10/18/88 Owner was found
required permits.
to be attempting rehabilitation without
A Notice of violation was issued.
3. 11/30/88 Owner pulled permits to rehabilitate the dwell ing .
4. 10/16/89 The owner allowed the Permits to expire and the house had
continued to deteriorate.
5. 10/23/89 The owner was notified that the structure was again open
and vacant. An inspection report was sent.
6. 1/19/90 Notice of BBC hearing was sent to the owner.
7. 2/2/90
Based upon the deteriorated condition of the structure,
the BBC ordered demolition of the dangerous building as a
public nuisance.
8. 3/14/90 Mr. Hobart requested a
appealing the BBC order.
hearing before the
Council
STAFF RECOMMENDATION:
That the Council uphold the decision of the Board of Building
Commissioners on February 2, 1990, that the owner obtain the proper
permits and demolish the building within sixty (60) days. If the owner
does not demolish the building the City will then demolish the
building. The incurred costs of the Code Enforcement action at 1424 W.
Walnut will become a lien against the property - and a
personal debt of the owner if not paid.
~f}?~
Prepared by: Don Hesterley
Code Compliance supervisor
Attachments:
A - Appeal
B - BBC Order
BBC Minutes
BBC Agenda backup
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Approved : Larry E. Reed, Director
Department of Planning and Building Services
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COUNCIL: CA. STAFF-8
Page 1
75-0264
#
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63
-March 14, 1990
Mayor and Common Council
300 North "0" Street
San Bernardino, Ca. 92418
RE: The Demolition of property located 1424 Walnut, San Bernardino, Ca.
Project No. 3002
I am appealing to the Board of Building Compliance decision to demolish
property commonly known as 1424 Walnut, San Bernardino, Ca. to co~ider
my following request.
My plan is to rehabilitate the property and I request that the Council
take the following action:
(1) Waive the demolition date.
(2) Direct the Bilding Department to issue the necessary permits
to enable me to rehabilitate the property. I then plan to
make the property into a low income rental.
Thanking you in advance fOI considering the above.
7
s~y. fIJ-4T~.
Ken Hobart
10359 Pendleton
Riverside, Ca. 92505
( 714) 688-4062
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1
OARD O~ BUILDING CO~lISSIONERS
ORDER NO. 1345 REPORT NO. 3002
ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNA ~
AUTHORIZING THE ABATEMENT OF A PUBLIC NUISANCE. (/ l\ '\
. .. "0 )
WHEREAS, pursuant to the San Bernardino Municipal Code, Title .. ."'" --... .--
Chapter 15.28, the Building Official has posted a bui1ding(s) located at
2
3
4
5
1424 W. Walnut
, San Bernardino, California, and has
6 notified person(s) having an interest in the above property that the bui1d-
7 ing(s) or premises constitutes a public nuisance;
8 WHEREAS, pursuant to San Bernardino Municipal Code, the Building Official
9 has served a "Notice of Hearing Before the Board of Building Commissioners of
10 the City of San Bernardino", relating to abatement of said nuisance, to the
11 person(s) having an interest in the above property, and has prepared a
12 declaration of mailing of the notice, a copy of which is on file in these
13 proceedings; and
14 WHEREAS, a hearing was held to receive and consider all relevant evidence
15
16
17
18
19
20
21
22
23
24
25
26
27
28
objections or protests on February 2.
, 19 -1Q..; and
WHEREAS, the Board of Building Commissioners heard the testimony and
examined the evidence offered by the parties relative to the alleged public
nuisance,
NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Based upon the evidence submitted, it was found and deter-
mined that the bui1ding(s) and/or premises located at 1424 W. Walnut
San Bernardino, California, constituted a public nuisance for the reasons set
forth in Exhibit "A", attached hereto and incorporated herein by reference
as though fully set forth at length as the findings of fact of the Board.
SECTION 2, Based upon the evidence submitted, it was determined that
the City of San Bernardino was required to initiate abatement actions; that . I
I
I
I
1
1
the City incurred costs in the sum of $ 335.65
to abate the above
2 property; and that these costs and any future costs to the City to abate the
3 above property shall be the personal obligation of the owner(s) as well as a
4 lien on the above property.
S SECTION 3. The owner(s) shall obtain a Demolition Permit and DEMOLISH
6
THE BUILDING(S) located at 1424 W. Walnut
, San Bernardino,
7 California within sixty (60) days from the posting of a copy of this order on
8 on the above property. If the bUilding(s) is not demolished within the
9 prescribed period of time, the bui1ding(s) will be dmo1ished by the City and
10 the costs shall be the personal obligation of the owner(s) as well as a lien
lIon the above property.
12 SECTION 4. Any person aggrieved by this order may, within fifteen (15)
13
days after February 28, 1990
, appeal to the Common Council by filing
14 with the City Clerk a written statement of the order appealed from the specific
15 grounds of appeal and the relief or action sought from the Common Council.
16 I HEREBY CERTIFY that the foregoing order was duly adopted by the Board
17 of Building Commissioners of the City of San Bernardino at a regular
18
meeting thereof, held on the 2nd day of February
, 19~, by the
19 following vote, to wit:
20
AYES:
21
22
NAYS:
None
23
ABSENT: Miller. Flores. Ponder
a-fi.~~~
CLERK, BOARD F BU LD N COMMISSIONERS
The foregoing order is 19-22-.
24
2S
26
27
28
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
! By:~t'."g~~:.c~...-,,"
J 2
commissioner Pensier~ ~de a mo~ion, seconded by
to adopt Staff's reco. ~endation.
Roll call was taken with the motion being unanimously carried.
'mmissioner Gonzales,
Motion carried.
I'l'BH HO. t=
1424 West Walnut
/ CASE HO. 89-3002
PRESENTED BY:
Dany R. Nolfo
Dany R. Nolfo presented photographs and background information for the
Board's review. Don Hesterley explained that Mr. Hobart had come in to
the office on January 25, 1990 and expressed the wish to rehabilitate
and asked to pull new rehab permits. It was recommended to him at that
time to wait until the case was reviewed by the BBC.
Staff's recommendation
to adopt an order that the owner(s) shall obtain a Demolition Permit
and demolish the building(s) located at this address within sixty (60)
days. Ir the building is not demolished within the prescribed period
of time, the building(s) will be demolished by the City 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).
CURRENT COSTS:
$ 335.65
commissioner Pollock asked if there was anyone present to testify on
behalf of the subject property. Ken Hobart was present to testify. He
stated he would like to rehabilitate the building and asked that the
costs be dropped so he could afford to pull permits. He said he was
gone for five (5) months on a long vacation last year, and that was why
he had not done anything after pulling permits to rehabilitate.
Commissioner Pollock asked Mr. Hobart if he had pulled permits for the
rehabilitation work done in 1988. Commissioner pensiero asked how much
more time would be needed to complete the rehabilitation of the
building. Mr. Hobart answered that he had pulled the permits before
and that if he is allowed to pull new permits, it will take him 60 days
to complete the work. He stated he had done some work after pulling
the first permit, but thought he wasn't supposed to call for anv
inspections until after all work was completed.
Commissioner Lord made a motion, seconded by Commissioner Hunt, to
adopt an order that the owner(s) shall obtain a Rehabilitation Permit
within ten (10) days and to complete the rehabilitation of the building
within sixty (60) days, and that if this is not done in the prescribed
time, that the owner(s) shall obtain a Demolition Permit and demolish
the building(s) located at this address within sixty (60) days. If the
building is not demolished within the prescribed period of time, the
building(s) will be demolished by the City, 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).
BBCHINUTES2/90
Page 4
"
(.J.II ur :!1\/'lOC.I\.1f\t..U4,-lU (
DEPARTMENT GF BUILDING AND SAFP .
CODE ENFORCEMENT DIVISION
STATEMENT OF COSTS
SAN BERNARDINO MUNICIPAl CODE. TITLE 15
PROJECT NO 3002
The undersigned respectfully submits the following statement of costs incurred by
the City of San Bernard~no in abating the public nuisance that existed on the
property located at: 1424 W. Walnut
Owner: Edvthe E. Hobart
Address: 16376 Holcomb. Riverside. CA 92504
Assessors No: 137 101 08
More particularly described as: Lot 12. of block "H" of the Murray and Payne
Subdivision. recorded in book 4. Daoe 27 of maDS in the office of the countv
recorded of said San Bernardino Countv.
ITEMIZATION'
Building and Safety Department Costs:
Title Search S 25.00
Inspector's Time 3 x S16/hr S 48.00
Secreta~"s Time 3 x S13/hr S 39.00
Comp & Retirement 25~ S 21. 75
Equipment R x 50c S 4.00
Certified Mailing 1 x $2 x 2 $ 4.00
Pictures RX $1 $ 8.00
Costs from Previous Hearing $
Hearing Time $ 50.00
Attorney's Costs S 40.00
Contractors's Costs S
SUB TOTAL S 239.75
Administrative Costs 40~ S 95.90
TOTAL COSTS $ 335.65
SBMC: 15.28
Oate:
By: ~~~ 1:). ~~J_
Code amp I iJ~ce ulTI ~..e
Approved by: ~.. ~
Rev. 10/88
NOTICE OF HEARING BEFORE THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO
January 19, 1990
Edythe E. Hobart
16376 Holcomb
Riverside, CA 92504
Report/Project No. 3002
The owner of the building situated at 1424 W. Walnut
is hereby notified to appear before the Board of Commissioners of the City
of San Bernardino at its meeting to be held on February 2, 1990
at the Council Chambers, City Hall, 300 North "0" 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.
,
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.
I; ''1 ~,/ ~-d /}_
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Clerk of the Board of Bui d~ g Commissioners
City of San Bernardino, Ca1,fornia
R JRT NO. -.:::> (1,2
CITY OF SAN BERNARDINO
DEPARTMENT OF BUILDING AND SAFETY
300 North liD" Street
SAN BERNARDINO, CA 92418
EXHIBIT "A"
An inspection wa. made of the below mentioned structure(s) and/or
premises, and suJ::lI!itandard conditions which shall include but not be
limited to the following, were observed.
- The owner(s) and all interested parties, as indicated on the Title
Report, were sent a certified mailinq of these conditions.
- The recommendation is for abatement of the structure(s) aR~
Fr~.i8-'" ~.di",... aA g.a~_ b~ "~eat.. Lt... prallisaa...
- All such substandard buildings or premises are hereby declared to be
public nuisances and such nuisances shall be abated by the repair,
removal or demolition of such unsafe buildings,by the proper
procedure. Permits are required prior to startinq repair or demo-
lition work.
TOTAL COSTS INCURRED TO DATE: $ 335.65
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VIOLATION r~ ;/f-;i /.,L ///j 1",,// /7
PHONE NO.~
DATE OF INSPECTION /~)
ITEM
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2.
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7.
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9.
10.
11.
12.
l3.
14.
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DATE PREPARED
SUBSTANDARD HOUSING (Inadeauate Sanitation)- URC CR. 10
SECTION 1001
Lack of or improper water closet, lavatory, bathtub or
shower in dwelling.
Lack of or improper kitchen sink or drainboard in dwell-
ing.
Lack of hot and cold runninq water in dwellinq.
Lack of adequate heatinq facilities.
Lack of or improper operation of required ventilating
equipment.
Lack of minimum amounts of natural light and ventila-
tion.
Room and space dimensions less than required by code.
Lack of required electrical lighting.
Dampness of habitable room.
Infestation of insects, vermin or rodents.
General dilapidation or improper maintenance.
~ack of connection to required sewaqe disposal system.
Lack of maintenance of septic system.
Lack of adequate garbaqe and rubbish storaqe and removal
facilities.
Inadequate housekeepinq - trash, garbaqe, etc.
1..
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2.
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4.
5.
6.
7.
8.
9.
10.
11.
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5.
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9.
REPORT NO. /,/C )
~. URAL HAZ~DS (UBC) ,;l- 6.
Opeh and vacant.
Fire damaged structure.
Broken doors and windows.
Illegal addition (bootleg)
Inadequate weather protection (roof leaks, etc.)
Inadequate foundation.
Sagqing floors.
Inadequate rat-proofing.
Chimney structure unsound.
Termite damage.
structural integrity questionable.
PLUMBING fUPCl
Water heater illegally installed in bath or bedroom.
Water heater has no T & P valve or seismic tie downs.
Leaking/broken/plugged sewer drains.
Leaking and/or broken pipes.
Cross connected plumbing. .
Yard sprinklers must have vacuumn breaks.
MECHANICAL (UMCl
Illegal gas heater or appliance.
Improperly vented water heater.
Inadequate or missing gas shut oft valve.
Combustibles stored too near heating appliances.
ELECTRICAL (NEC)
OVerfusing - branch circuits not to exceed 15 amps for
lights and 20 amps for receptacles.
Missing electrical covers or fixtures.
Inadequate outlets.
Electrical service entrance is inadequate.
Hazardous or illegal wiring.
GENERAL (SBMCl
Pools - stagnant water inadequate fence
inadequate gate
Not to be occupied until corrections are made.
Certificate of Occupancy required.
Improper Occupancy.
Nuisance
Possible Fire Hazard.
Smoke Detectors Required.
Address required on all buildings and/or apartments.
Supplement:
All Codes are adopted by and are a part of the San
Bernardino Municipal Code (SBMC 15.04.020).
THIS INSPECTION REPORT WAS GIVEN TO:
XY A property owner
B manager
C tenant
D by hand delivery
E regular mail
xx F certified mail
on
January 19
19.2Q....
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INSPECTOR SIGNATURE
'.-..-
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SUBSTITUTE MOTIONS
ITEMS NO. 38
That the Hearing be closed and the appeal be denied.
or....
That the item be continued to the next regular meeting and
the owner directed to submit evidence satisfactory to the
Director of Planning and Building Services that the building
can and will be rehabilitated to acceptable standards.
@
supplemental staff Report
April 2, 1990 - Agenda Item '38
On February 2, 1990, Ken Hobart, husband of Edythe Hobart was present
to testify at the Board of Building Commissioners Hearing regarding the
property at 1424 West Walnut.
Mr. Hobart was instructed by the Board that he had ten (10) days to
pull permits, in order to fulfill the first part of the Board's motion
[which was to give the owner(s) ten days to pull permits in order to
rehabilitate the building within sixty days]. Mr. Hobart was informed
by the board on February 2, 1990, that, if permits were not pulled
within ten (10) days of the BBC Hearing, for rehabilitation, that
demolition would be required. No permits were pulled within the ten
days following the BBC Hearing. No appeal regarding the motion to pull
permits within ten days for rehabilitation was received in the fifteen
days following the BBC Hearing.
When the BBC Order was typed
deadline had passed, and no
the owner(s); thus, the BBC
portion of the motion only.
on February 28, 1990, the ten (10) day
rehabilitation permits had been pulled~py
Order was written for the demolition
Mr. Hobart's appeal to council
of the date the BBC Order was
what was on the final order,
original motion.
arrived at city Hall within fifteen days
typed, and therefore was appealing solely
which was the demolition portion of the
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