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. 'CI~~ OF SAN BERNARDI~ ~ REQ~ST FOR COUNCIL Al*ION
From: Wayne Overstreet, Directot'E::T.-,'.D~i",. Siibject:
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APPEAL OF BBC ORDER 90-VAP-
1025-01, ROSCOE SAPP, 1490 WEST
VICTORIA, SAN BERNARDINO,
CA. 92411
Dept:
Facilities Management
1"':;-.
Date: May 25, 1990
Synopsis of Previous Council action:
None
Recommended motion:
That the appeal of the Board of Building Commissioner's order No. 90-V AP-I025-01
dated May 4, 1990, be denied, and the order of the Board of Building Commissioners
be upheld.
That" if the vehicles and parts thereof are not abated within thirty (30) calendar
days, by the property owner, the Director of Facilities Management Department
is directed to abate the public nuisance, and assess the pro erty owner for all
necessary cost.
Supporting data attached:
Yes
Phone: 5244
Ward: 1
Contact person:
Wayne Overstreet
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No,) N I A
(Acct. Oescriotionl N I A
Finance:
Council Notes:
15-0262
Agenda Item No S 7
~IT~ OF SAN BERNARDIN~ - REQ~ST FOR COUNCIL A~ION
STAFF REPORT
November 29, 1989 the Facilities Management Department received a
complaint regarding abandoned vehicles located at 1490 West Victoria
Street, San Bernardino, CA., 92411 (VAP Case No. 1025-01).
The owner, Mr. Rosco Sapp, was given a "Five (5) Day Courtesy
Notice" requesting the abatement (1-26-90) of fourteen (14) vehicles.
January 29, 1990 a letter was received from the Law office of Sprague,
Tomlinson and Nydam, asking for dismissal of this abatement based
upon an earlier inspection by the Fire Marshall.
The property was inspected again on February 1,1990 and there was no
indication of any action being taken to abate these vehicles, therefore,
Mr. Sapp was given a "Ten (10) Day Notice of our Intention to Abate
the Vehicles and/or Parts thereof as a Public Nuisance".
This notice also advised him that he had a right to request a hearing.
A hearing was requested by his attorneys February 14, 1990. The
hearing was scheduled for April 6, 1990 by the Board of Building
Commissioners (BBC), Mr. Sapp was present, however, his attorneys
had not received notice of the scheduled hearing, and Mr. Sapp
requested it be rescheduled for May 4, 1990 BBC meeting. Mr. Sapp's
attorneys were notified of the rescheduled hearing by letter April 19,
1990.
The findings of the BBC meeting of May 4, 1990 was that based upon
the evidence presented, that the inoperable vehicles located on the
premises at 1490 West Victoria Street, San Bernardino constituted a
public nuisance and needed to be abated, BBC Order No. 90-VAP-1025-
01, dated May 4, 1990 (Attachment 111).
May 14, 1990 a request was received by the City Clerk from Mr. Sapp's
Attorney (Kenneth W. Nydam) appealing the BBC order to the Mayor
and Common Council (attachment 112)
Mr. Sapp's attorney's have stated that the vehicles are placed behind a
wooden fence which completely encompasses his back yard and none of
the vehicles can be seen from the street, public place, or other
residences, and does not constitute a public nuisance.
Photos of this property and vehicles have been recorded since October
1988. January. 1990 and May 1990. inspections and photos do not show
any action to abate the problems. or show that a fence has been
constructed that would screen the vehicles from public view from the
street or other residence in the area.
75-0264
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'BOARD OF BUILDDIG COMKISSIOREllS
Order Ilo.
90 VAP 1025-01
4 ORDER OF THE BOARD OF BUILDDIG COHKISSIOREllS OF THE CITY OF SAN
5 BERNARDIIlO AUTHORIZIIlG THE ABATEMENT OF VEHICLES.
6 Whereas, pursuant to the San Bernardino Municipal Code, Title 8,
7 Chapter 8.36, the Director of Facilities Management has sent a ten (10) day
8 notice by Certified Mail to the owner of the property that inoperable
9 vehicles constituting a public nuisance must be abated; and
10 Whereas, the owner has requested a hearing before the Board of
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Building Commissioners and notice of said hearing was properly given; and
Whereas, a hearing was held on
May 4,
, 1990 to receive and
consider all relevant evidence, objections, or protests; and
Whereas, the Board of Building Commissioners heard testimony and
examined all evidence offered by the parties relative to the alleged public
nuisance,
IlOW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDIIlG COMKISSIOREllS
OF THE CITY OF SAN BERNARDIIlO AS FOu.DWS;
Section 1. Based upon the evidence presented, the Board of Building
20 Commissioners finds that the inoperable vehicle(s) located on the premises
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constitute a public
at 1490 W. Victoria
nuisance and need to be abated.
Section 2.
of
above
property shall remove the
The owner
the
inoperable vehicle (s) within
15
days of the date of this order or
25 the City will abate the vehicle(s) and lien the above property for all
26 costs and administrative fees.
27 I I I I
28 IIII
May 4, 1990
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Section 3. AllY person aggrieved by this order may appeal to the
Common Council by filing with the City Clerk, within fifteen (15) days of
this order, a written statement of the order appealed, the specific grounds
of appeal and the relief or action sought from the Common Council.
I HEREBY CERTIFY that the foregoing order was duly adopted by the
Board of Building Commissioners of the City of San Bernardino at their
regularly scheduled meeting held on the 4th.
day of
, 1990, by
May
the following vote, to wit:
9 AYES: Coaaissioners Westwood, Gonzales, Flores, Pollock
10
11 RAYS: Coaadssioners None
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13 ABSENT: Coaadssioners Lord, Ponder, Hunt, Pensiero
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ABSTAIH: C~ssioners
Miller
~~~i
Clerk, Board of BUildi:;1
Coaadssioners
'/
Chidrman. Boa
c.,.ussioners
Approved as to form
and legal content:
JAKES F. PENMAN
City Attorney
By:
/ / / /
/ / / /
May 4, 1990
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NOTICE OF APPEAL
"E(',~' T'
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Re:
Order 90 VAP 1025-01
sapp, Roscoe
1490 West Victoria, San
'90 !ir~' 14
Bernardino, Ca.
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1. Roscoe Sapp hereby appeals frOlll the order of Board of
Buildinq Commissioners dated May 4, 1990 requirinq that he remove
certain vehicles frOlll his premises at 1490 West Victoria, San
Bernardino, California.
2. The qrounds of the appeal are that Mr. Sapp owns vehicles
which are important to him because of their historic value.
These vehicles are placed behind a wooden fence which cOlllpletely
encompasses his back yard and none of these vehicles can be seen
from any street, public place, or other residence. As they
cannot be seen and only the owner has access to the yard, they do
not constitute a public nuisance and should not be prohibited.
3. Further qrounds of appeal concern the fact that Roscoe Sapp
is approachinq aqe 80 and is without the ability to remove his
vehicles to another place. He has paid taxes on the property
located at 1490 West Victoria for sOllIe approximate 45 years as
well as on the three adjacent lots. Previously, the city has
denied him permits to build on his property and the only purpose
in him payinq taxes all these years was to have a place to keep
his thinqs and he believes it is unjust him any use of his
property.
SPRAGUE, TOMLINSON AND NYDAM
Att3rneys for Roscoe Sapp
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Kenneth W. Nydam
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