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HomeMy WebLinkAbout46-Planning CITY.OF SAN BER~_.RD~NOfrt ~EQUEST ....JR COUNCIL ACTION Larry E. Reed, Director Subject: Appeal of demolition order and costs incurred by BBC on March 2, 1990, by Edythe Hobart, Re: 1424 W. Walnut From: Planning and Building Services Dept: March 20, 1990 Date: Synopsis of Previous Council action: None .",J rn C) r::.l :;.:;:; !'.. i,> t;::,:' 1"'",,--') ."., c:;: ::-::) Recommended motion: That the Board of Building Commissioners finding of February ~, 1990 that the City had incurred costs of $335.65 for abatement act10ns at 1424 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 ;--- Signature Don H. Hesterley Contact person: Staff Report Supporting data attached: 384-5257 Phone: Ward 3 Ward: FUNDING REOUIREMENTS: Amount: $335.65 Source: (Acct. No.l 001 181 53156 (Acct. DescriPtion) Building Demolition Costs Finance: ~ouncil Notes: COUNCIL:CA.REQUEST-8 Aaenda Item NO~ CITY OF SAN BER~",RDINO - REQUEST FovR 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 Code Enforcement section structure was found to be open for over six (6) months. The owner secured the structure. came to the attention of through a complaint. The and vacant, and had been so owner was notified and the 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 dwelling. 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. ~7J?~ Prepared by: Don Hesterley Code Compliance supervisor Attachments: A - Appeal B - BBC Order BBC Minutes BBC Agenda backup ~~ ~ 4:1 Approved y: Larry E. Reed, Director Department of Planning and Building Services DHH:nhm CQUNCIL: CA. STAFF-8 Page 1 75-0264 . t -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. ? ~,. 4J-4T[;; Ken Hobart 10359 Pendleton Riverside, Ca. 92505 (714) 688-4062 ,- ,- .-:"" " '!' ',:, \W~\"~ .~. \:: .... -',':J \.~-:. '\.\ " ,. d U :) '..... ......--..... -' \?SfJ .\?, i l) \... ,:. ~~.:~'~~-~~ & ":'-,,:,;;,5 ~',_..' AJ L' < . k, 5~4trX ,or: 1 OARD OF BUILDING CO~lISSIONER~ 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. ~ ~ WHEREAS, pursuant to the San Bernardino Municipal Code, Title ~:I_~ ./ 2 3 4 Chapter 15.2B, the Building Official has posted a building(s) located at s 1424 W. Walnut , San Bernardino, California, and has 6 notified person(s) having an interest in the above property that the build- 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 building(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 1 ... - - - - 1 the City incurred costs in the sum of $ 335.55 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 (50) days from the posting of a copy of this order on 8 on the above property. If the bui1ding(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 Corrrnissioners 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 .[L}J.~~~ CLERK, BOARD F BUlL N COMMISSIONERS The. foregoing order is 19~. 24 25 26 27 28 I Approved as to form and legal content: JAMES F. PENMAN, City Attorney ! By:~t""g~~:'J~"'.J"' II 2 - ~ - ~ -~ - Commissioner pensiero to adopt Staff's rect ~de amotion, seconded by .endation. ,mmissioner Gonzales, Roll call was taken with the motion being unanimously carried. Motion carried. ITBH NO. 'a 1424 West Walnut / CASE NO. 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). BBCMIND'TES2/90 Page 4 - - - -- - '- DEPARTMENi "i:.F "BuILDZ'NG"ANo" SAFl. r CODE ENFORCEMENT DIVISION STATEMENT OF COSTS PROJECT NO 3002 SAN BERNARDINO MUNICIPAl CODE, TITLE 15 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardfno 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 Inspector's Time Secretary I s Time Comp & Retirement Equ i pment Certified Mailing Pictures Costs from Previous Hearing Hearing Time Attorney's Costs Contractors's Costs $ 3 x S16/hr $ 3 x $13/hr $ 25% $ R x SOt $ 1 x S2 x 2 $ R x $1 $ $ $ $ S $ S $ SUB TOTAL Administrative Costs 40% TOTAL COSTS SBMC: 15.28 Date: By: ~,.,..,~ LJ_ ~""'(J_ Code Comp }jnc~ ~..e. Approved by:... <h '. 1 25.00 48.00 39.00 21. 75 4.00 4.00 8.00 50.00 40.00 239.75 95.90 335.65 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 .;/ --rJ /)_ .L~ /-. ""'-~~-L..G.: C erk of the Board of Bui dJ g Commissioners City of San Bernardino, Callfornia R JRT NO. ~ ,',.L CITY OF SAN BERNARDINO I,,,,PARTMENT OF BUILDING AND S...:ETY 300 North "D" Street SAN BERNARDINO, CA 92418 EXHIBIT "A" An inspection waa made of the below mentioned structure (s) and/or premises, and substandard 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 mailing of these conditions. - The recommendation is for abatement of the structure(s) &RQ(er rr-17is-e- ... ~d"_~ SR g~!I.!.. La "a8at~ Lllo_ pra...i3&L 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 starting repair or demo- lition work. TOTAL COSTS INCURRED TO DATE: $ 335.65 OWNElV"f JYlJ./ Ie:- /k/VJ/<?j '"' " ..... , -, -..., ~. /' ':/f.J' (.J;:-- - LOCATION ADDRESS II'~::;Y if=.! ::; ,-"J ':;;::--- ',-, '.'~ ASSESSOR'S NO. ,.',/ ',.' CITY ~ /'-. I-r "---"""l~ J ./....:-- \ -' ,;- - ,:) ~'. /~~. i TYPE/BLOG S' /:- // VIOLATION r: ;//"-;,'/.,L ///J /",.// /r PHONE NO. ;~ DATE OF INSPECTION/;)/j."Y ITEM y X >/ " '0( \ ) " , /\ '\ '\ NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. DATE PREPARED /- 'il- Yr:: SUBSTANDARD HOUSING CInadeauate Sanitationl- UHC CH. 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 running water in dwelling. Lack of adequate heating 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. Lack of connection to required sewage disposal system. Lack of maintenance of septic system. Lack of adequate garbage and rubbish storage and removal facili ties. Inadequate housekeeping - trash, garbage, etc. -L X' X x ~ /' y- x- x y .\ x' -*- =+= '> y /- 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 6. 7. 8. 9. REPORT NO. ;','Y.-) ~t URAL HAZA:RDS CUBC) ;;;;...c._ Ope. .l.nd 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 (UPC) 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 (UMCI Illegal gas heater or appliance. Improperly vented water heater. Inadequate or missing gas shut off valve. Combustibles stored too near heating appliances. ELECTRICAL (NECI 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 (SBMCI 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: yy A property owner B manager C tenant D by hand delivery E regular mail xx F certified mail on January 19 19~ / .-/ 'I' i ;/; , /' I ( -/,. / INSPECTOR SIGNATURE '~-'.-