HomeMy WebLinkAbout43-Planning
CITY OF SAN BERtmRDINO ~ REQUEST P",R COUNCIL ACTION
Larry E. Reed, Director
Subject:
Appeal of BBC finding and
and BBC action of April 6,
1990, by Margaret Buckner,
Re: 1642 E. Echo Dr.
,m:
Planning and Building ~ervices
Dept:
April 25, 1990
Date:
Synopsis of Previous Council action:
None
Recommended motion:
That The Board of Building Commissioners' finding of April 6, 1990, that the
City had incurred costs of $268.80 for the abatement actions at 1642 E. Echo
Drive, and the BBC Order to demolish the buildings and incur the costs of the
City's abatement as a lien against the property and a personal obligation of
the owner(s) be upheld.
cc, 4
Marshall JUlian, City Administrator
Jim Richardson, Deputy City Administra~nr
patricia Zimmermann, Deputy City Attorney
~~
Signature
384-5181
Mark o. Young
Contact person: Phone:
Staff Report, Appeal, BBC Order
Supporting data attached: Ward:
Ward # 4
FUNDING REQUIREMENTS:
Amount:
$ 268.80
001-181-53156
Source: (Acct. No.)
(Acct. DescriPtion)
Board-ups & Demolitions
Finance: \..UNJ .P
ouncil Notes:
C'nTTNC'TT.. C'Z> ~'I<'QTT'I<'C:T-16
Agenda Item NO.~ .3
75-0262
CITY OF SAN BERhRDINO - REQUEST F\JR COUNCIL ACTION
,
STAFF REPORT
BACKGROUND:
1. 6/28/76 A Code Compliance Officer inspected the property and found
it to be full of trash and debris. An Order to Show Cause
was sent to the attorney's office.
2. 5/17/89
The property was inpsected due to complaints.
to be full of weeds, trash and debris, with
housing. A Notice of violation was issued to
and mailed to the owner.
It was found
substandard
the resident
3. 5/24/89 A unit Inspection was done and junk cars were found in the
yard. A copy of the unit Inspection report was sent to
the owner by regular mail. Letters were sent to the
utility companies to remove utilities from the property.
4. 6/2/89 A Notice of Pendency was recorded.
5. 10/12/89 A property profile was obtained, showing Thelma B.
Brinkley as the owner of record.
6. 11/17/89 certified mailings were sent to notify interested parties:
william Brinkley, Thelma Brinkley, Margaret Buckner, Bank
of California and shirley Bumpus that the case was to be
heard at the December 1, 1989 Board of Building
Commissioners Meeting.
The first three noted mailings were were received by the
addressees; and Shirley Bumpus' mailing returned.
7. 12/1/89 The BBC issued an order to adopt staff's recommendation to
demolish the building(s) on the property.
8. 1/31/90
The BBC
parties.
received.
Order
All,
was mailed to all the same interested
except, Shirley Bumpus were signed for as
9. 3/23/90 Telephone contact was made by Tom Jeannotte, followed by a
letter of appeal. He stated that he was in escrow on the
property and, as new owner, he wished to appeal the matter
to the BBC. He wanted permission to rehabilitate or
demolish the property himself, thus saving City time and
cost. His case was placed on the BBC Agenda for April 6,
1990.
10. 4/6/90 The Board again ordered to adopt staff's recommendation to
demolish the structures.
11. 4/24/90 A letter of appeal to Council was received from Lawrence
Hutton, Attorney for the heirs to the property, as Thelma
Brinkley is dead.
COUNCIL:CA.STAFF-26
Page 1
75-0264
12. 4/27/90 A letter of appeal to council was received from Tom
Jeannotte. who is still in escrow on the property. It was
discussed with city Clerk's office that Mr. Jeannotte
still has no standing, and the appeal is being done to
council in response to the appeal of the heirs of Thelma
,. Brinkley through their attorney. .,
..
_. STAFF RECOMMENDATION:
-.
The current zoning on this property is RS.
This property has been a problem for a long time. The structures are
unsafe, and the case has been heard before the BBC twice, both times
with the same order being adopted by the Board. Mr. Jeannotte was
given the courtesy of being allowed an appeal to the BBC, however, he
actually has no standing.
~
~
.
staff's recommendation is to uphold the Board of Building commissioners
finding that costs have been incurred of $268.80 for the abatement
actions at 1642 East Echo Drive, and their order to demolish the
buildings and incur the costs of the city's abatement as a lien against
the property and a personal obligation of the owner(s).
;
.
.
COUNCIL: CA. STAFF-26
Page 2
4- 2.0'- 70
Rcpof(/- 1"033
fb
B(.I/jlh~ c;
i
..-,.r-' --
5.~'~C:~
;\.1 . ~ ,- "- I
-
It?-etp" -
.~9 :ro
wouLO
tik (: To
If /1'~A1~ The..
!3-IJ-C-
,
CO(JNCli
lJec:1 S'O III
ON
198t9k""~",;- /'~dcepiN~'
FoR. f ~o f~'1
Ci7 o;c S-f/IJ
Lo C/9IeO If. T /6 ~2
s: G),~
PA:.
.....
J3 ~~;v #1'( PI /lJQ I
ow /714 1319$ /S 7h19-1 whrr./v CdvA)clI vo"7;p/
I L -rh 0 m~'5 ~/9-IJJJo 7T~) '-'vd'S UA" t?.e~ / hc.fl
iltlrJ I'~e;s /~IAJ --rh/( we,e~ I/oT~ ~ ON -/h~
? r?O /,OSel/ IPlJlP'/;.;HflUtlr "7i"fr Sc.h~ ~41L~ /'J.~/
- a -___~ ---
).. MO r~Su",14 y c) /n_ i)eJ/luvC I~e
--- ,
1#e.~/,;v ..
Vh,.9lVk ,7" 0 <<, I .( yo U /<
/ --
4,- O~~.-)/
V
\'j'1;c /111/-5 - J:::/P NlvO 11<:::.
fJ.. 95'7 f?/f-~K ;f-oe
o Iff.} Befi"v!l-f.t/IA;O { c#
q2.!.fo I(
-
CCNS ",p.~A1/'t:I/
~.h-.
/#~ ~~ An.t/ - Y?,;2-d/t1S- p./~ - 3?.3 - i/;Z6r 7.50-1"
,;u9'Ha/ ~~' ~ h~u.y ~ :da~ ~
~,6 c:-/ ~c,;:"t:G~ ~a~ . ,:/ucti_> ~ t?,a...:j c; /9.9c
/' / i .0- / /
.w~ 4 ~/,<d ~/~p?""" ~~() ~ . _
,1;" _, z__.. ~~ ~.IJ:J-L.. /,1(Au_ +-t"'___/I"Af'UIUe:/ ____ ~-~.
~~~
-0/
HUTTon ~nD TOKHltl
LAW BUILDING
655 NORT.... LA CADENA DRIVt:
L.AWRt:NCIE. A. HUTTON
MICHAEL .J. TORCHIA
~Er:''','~'
" I::'
MAILING ADDRESS: BOX 44
'90 A-'-' 24 P? :n3
COLTon, CflLlfORnlfl 9232~
TI!!:LEPHONE (7104) 825-3."'3
April 24, 1990
Shauna Clark
San Bernardino City Clerk
300 N. "D" Street
San Bernardino, CA 92418
Re: Project No. 1833
1642 E. Echo Drive, San Bernardino, CA
(Lots 5 & 6 Lying No. of Echo Drive)
Owner: Thelma B. Brinkley
Dear Ms. Clark:
On behalf of Margaret Agnew Buckner, 1068 Hancock, San Ber-
nardino, California 92411, an heir in the Estate of Thelma
Brinkley, deceased, we hereby appeal the decision of the
Board of Building Commissioners dated April 6, 1990 and request
a hearing before the Mayor and Common Council on the merits
of this matter.
Attached hereto, and made a part of this appeal, is a copy
of a letter dated April 6, 1990 to the Department of Building
and Safety which sets forth the position of the appellant in
this matter. It is respectfully requested that the Mayor and
Common Council reconsider the action of said Board to raze
the structure on the premises and instead thereof to permit
appellant to rehabilitate the premis2s on the conditions set
forth in said letter and such additional conditions as the Mayor
and Common Council shall impose.
All notices and correspondence in this matter may be sent to
the undersigned as the representative of Margaret Agnew Buckner.
Yours very truly,
2L/~g~
~
H UTTOn ~ n D TOD.CH I~
(
LAW BUILOING
655 ...CR'T~ LA CAOENA O'UVE.
LAWRENCE A. HUTTON
MICHAEL .J. TORe"'I"
....AILING ADDRESS. eox...
COLTon, CflLlfORnlfl 92324
T~L.E:P0040"'[, 171.' eZ5-,....3
Apr il 6, 1990
Department of Building and Safety
300 North "D" Street
San Bernardino, CA 92418
RE: Project No. 1833
1642 E. Echo Drive, San Bernardino, CA
(Lots 5 , 6 Lying No. of Echo Drive
Owner: Thelma B. Brinkley'
Gentlemen:
The owner of the above described property has passed away
and her estate is in probate. We represent one of the
heirs and a person interested in purchasing the subject
property who is willing to perform the necessary work and
furnish the material to bring the structure on this
property to code.
To accomplish this, she will first have to purchase the
property from the estate. It appears as though we can do
this but before so buying the property, we would like to
know whether the demolition of the building can be stayed
pending determination of her buying the property. It
is anticipated that she would have an answer to her purchase
within six weeks to two IIIOnths. If she can purchase,
she would be willing to sign any documentation necessary
to refurbish the property to the City' s standards.
Your prompt response to this message will be sincerely
appreciated.
Yours very truly,
HUTTON AND TORCHIA
By:
Lawrence A. Hutton
LAB/de
cc: Margaret Agnew ,Buckner
John Agnew "\
1
2
3
,OARD OF BUILDING COMMISSI' lRB
ORDER NO. 1370
REPORT NO. 1833
4
ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE ABATEMENT OF A PUBLIC NUISANCE.
WHEREAS, pursuant to the San Bernardino Municipal code, Titl.
15, Chapter 15.28, the Buildinq Official has posted a buildinq(s)
5
6
located at 1642 Echo Drive
, San Bernardino, California, and
7
has notified person (5) havinq an interest in the above property
that the buildinq(s) or premises constitutes' a public nuisance:
WHEREAS, pursuant to San Bernardino Municipal Code, the
~uildinq Official has served a "Notice of Hearinq Before the Board
of Buildinq Commissioners of the City of San Bernardino, relatinq
to abatement of said nuisance, to the.person(s) havinq an interest
in the above property, and has prepared a declaration of mailinq
of the notice, a copy of which is on file in these proceedinqs:
8
9
10
11
12
13
14
15,
and
16
WHEREAS, a hearinq was held to receive and consider all
relevant evidence, objections or protests on April 6
19j!L: and
WHEREAS, the Board of Buildinq Commissioners heard the
,
17
18
19
20
\
testimony and examined the evidence offered by the parties "
relative to the alleqed public nuisance,
21
22
23
NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
24
. ::u
SECTION 1. Based upon the evidence submitte43 i~was found
"
m
and determined that the buildinq(s) and/or premi~s l~cated at
...0. -~
1642 Echo Drive , San Bernardino, Californiar::; co~stituted a
25
26
27
-0 .--.:
N ~
N --'1
-1- V1 .'0
28
11
12
13
14
1
2
~OARD OP BUILDING COMMISSIONERS
ORDER NO. 1370
REPORT NO. 1833
3
public nuisance for the reasons set forth in Exhibit "A", attached
hereto and inco~orated herein by reference as though fully set
forth at length as findings of fact of the Board.
SECTION 2. Based upon the evidence submitted, it was deter-
mined that the city of San Bernardino was required to initiate
abatement actionsJ that the City incurred costs in the sum of
4
5
6
7
8
9
$ 268.80
to abate the above propertYJ and that these costs
and any future costs to the city to abate the above property
snall be the personal obligation of the owner(s) as well as a
10
lien on the above property.
SECTION 3. The owner(s) shall obtain a Demolition Permit and
DEMOLISH THE BUILDING(S) located at 1642 Echo Drive
,
1~
15
, of a copy of this order on the above property. If the building(s)
San Bernardino, California within sixty (60) days from the posting
17
20
21
22
23
24
2S
26
27
28
is not demolished within the prescribed period of time, the build-
18
19
ing(s) will be demolished by the City and the costs shall be the
personal obligation of the owner(s) as well as a lien on the above
property.
\
"
SECTION 4.
Any person aggrieved by this order may, within
fifteen (15) days after Aoril 10. '1990
, appeal to the Common
Council by filing with the City Clerk a written statement of the
order appealed from the specific grounds of appeal and the relief
or action sought from the Common Council.
-2-
10
11
12
13
14
l'
16 '
17
18
19
20
21
22
23
24
~
26
27
28
1
2
3
dOARD OF BUILDING COMMISSII.. .::RS
ORDER NO. 1370
REPORT NO. 1833
4
1: HEREBY .::;..:RT1:FY that the foregoing order was duly adopted by
the Board of Building commissioners of The city of San Bernardino
meeting thereof, held on the 6th day of.
, 19~, by the following vote, to wit:
commissioners Warren Miller. Herb Pollock. Dan Westwood.
,
6
at a reQular
7
April
8
9
AYES:
NAYS:
ABSTAIN: Wi 11 i am Ponder
ABSENT: Manuel Flores
rh U~ '1-;
CLERK, BOARD OF
SSIONERS
The foregoing order is hereby approved this ~ day of A ril
19~.
Approved as to form and legal content:
JAMES F. PENMAN
CITY ATTORNEY
~' i!J -
BY: ~ /U /!(fO.<[ UA_.f_____
CE:103
-3-
----
JEPARTMENT OF BUILDING AND SAFEl
COOE ENFORCEMENT DIVISION
STATEMENT OF COSTS
SAN BERNARDINO MUNICIPAL CODE. TITLE 15
PROJECT NO
1833
The undersigned respectful~r 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: 1642 East Echo Drive
Owner: Thelma B. Brinkley
Address: 1642 E. Echo Drive
Assessors ~o: 155 261 26
More particularly described as: Lots 5 & 6 Ivino no of Echo Drive
r7':::mAT~ON
Building and Safety Depar~~ent Costs:
Title Search
Inspector's 7i;ne
Secretary's 7ime
Comp & ~etire;nent
Equi pment
Certified ~ailing
Pictures
Costs from ?revious Hearing
Heari ng Time
Attorney's Costs
Contractors's Costs
S
2 x Sl6/hr S
2 x Sl3/hr 5
25'; 5
lOx 50e: 5
2 x 32 x 2 3
6 x 51 S
5
SUB 70TAL
Administrative Costs
~O:
TOT-,L COSTS
15.28
25.00
32.00
26.00
5.00
8.00
6.00
3
50.00
40.00
s
s
S 192.00
S 76.80
S 268.80
Rev. 10/88
(;.l.',j,'t U~ :.I>J; D.c."-"J\lW.l.I'l'
u. ...aTMEN'l' OF BUILDING AN~ loA. n
300 North "D" Stree,
SAN BERNARDINO, CA 92418
EXHIBIT "A"
An inspection va. made ot the belov mentioned structure(s) and/or
premises, . and suJ:)st:..ndard conditions which shall include but not be
limited to the tOllovinq, were observed.
_ The owner(s) and all interested parties, as indicated on the Title
Report, were sent a certitied mailinq ot these conditions.
_ The recollllllendation is tor abatement ot the structure(s) and/or
premises; and/or an order to vacate the premises.
_ All such suJ:)standard buildinqs or premises are hereby declared to be
public nuisances and such nuisances shall be abated by the repair,
removal or demolition ot such unsate buildinqs by the proper
procedure. Permits are required prior to startinq repair or demo-
lition 'work.
TOTAL COSTS INCURRED TO DATE:
OWNERJ~\lb:
ADDRESS - I.... 0 ....t
C:':',{~<;A.... \<'t"',^~.J'..l:""D C"" Cf"aoq
PHC:IE NO. V
DA':'~; OF INSPECTION 5-17. 'a "
IT!~ NO.
l.
2 .
../ 3.
4.
V 5.
6.
./ 7.
" 8.
9.
3 10.
ll.
12.
13.
14.
V 15.
$ 01' go. ~O
LOCATIoN Je, 41. E to. "'-0 1)".
ASSESSoR'S NO. /55- ~~ - :2("
TYPE/BLOG .s FRo.
VIoLATION U'^ ..."':_ \-"-:~I 1. ~.h.vc. +Vl"'t"c,
DATE PREPARED...l.L::.lij. - ~i
SUBSTANDARD HOUSING (Inadeauate Sani~ationl- UHC eM. -10
S~CTION 1001
Lack ot or improper water closet, lavatory, bathtub or
shower in dwellinq.
Lack ot or improper kitchen sink or drainboard in dwell-
inq.
Lack ot hot and cold runninq water in dwellinq.
,Lack ot adequate heatinq tacilities.
Lack ot or improper operation ot required ventilatinq
equipment.
Lack ot minimum amounts ot natural liqht and ventila-
tion.
Room and space dimensions less than required by code.
Lack ot required electrical liqhtinq.
Dampness ot habitable room.
Intestation ot insects, vermin or rodents.
General dilapidation or improper maintenance.
Lack ot connection to required sewaqe disposal system.
Lack ot maintenance ot septic system.
Lack ot adequate qarbaqe and ruj:)bish storaqe and removal
tacilities.
Inadequate housekeepinq - trash, qarbaqe, etc.
~'"' "tAL HAZARDS IUBCI
G, n.. ,J vacant.
Fire damaged structure.
Broken doors and window..
Illegal addition (bootleq)
Inadequate weather protection (roof leaks, etc.)
Inad.quate foundation.
sag;;...nq floor..
Inadequate rat-proofing.
Chimney structure unsound.
Termite damage.
structural integrity questionable.
PLUMBING IUPCI
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 vacuumnbreaks.
MECHANICAL IUMCI
Illegal gas heater or appliance.
Improperly vented water heater.
Inadequate or missing gas shut off valve.
combustibles stored too near heating appliances.
ELECTRICAL INECI
Overfusing - branch circuits not to exceed 15 amps for
lights and 20 amps for receptacles.
Hissing electrical covers or fixtures. .
Inadequate outlets.
Electrical service entrance is inadequate.
Hazardous or illegal wiring.
GENERAL I SBMCI
Pools - stagnant water
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: We+.t.L. +n \J...,...."'-t t:..._aJ!&6 S~H"'~"".
..... \ \" ',.. I
~'I.'" uJ'._, ,- ..;'.."...............
1'" ~ Q
All Codes are adopted by and are a part of the San
Bernardino Municipal Code (SBHC 15.04.020).
INSrfCTION REPORT WAS GIVEN TO:
A property owner
B manager
C tenant
o by hand delivery
E reqular mail
F certified mail
.
--1
~
~
v<
../
f
.
v
=i
.;
THIS
on
if
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
REPORT NO.
..O,J.,)
if
1.
2.
3.
4.
5.
.6.
inadequate fence
1.
2.
3.
4.
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
6.
7.
8.
9.
^^
.
November 17
19~
~=~,.~
CITY OF SAN BERNARDINO - REQUEST F-~R COUNCIL ACTION
STAFF REPORT
A 1 etter has been recei ved from Century Homes for authori zati on
to construct a pedestrian ramp within the street right-of-way at
their office at 1535 South "D" Street. This ramp will be
constructed in accordance with the attached plan.
Thi s request is based upon the fact that many sub-contractors
visit their office each day. These sub-contractors usually elect
to park along the curb and gutter in "D" Street, due to the
difficulty in maneuvering their trucks through the parking lot.
The steady flow of traffic results in damage to the landscaping
within the parkway, and creates potential liability from slips
and falls on the wet grass.
Landscaping will be replaced by the ramp.
The ramp will be designed and built in accordance with handicap
standards.
We feel that construction of a pedestrian ramp will provide a
safer access to thei r offi ce, and reduce damage to 1 and scapi ng.
Therefore, we recommend that the request be approved.
A standard form License Agreement will be required to authorize
the encroachment of the private facility within public
right-of-way. These agreements are normally drafted to provide
for payment of an administrative fee of about $500.00 to cover
the costs for processing the requests.
~ 1"b1j~orks Construction Permit from our office will be needed
r v (' .~. ;-: -:.: ;" :;lp.
75.0264
5/11/90