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CITY OF SAN BERreRDINO - REQUEST .R COUNCIL ACTION
._....... M....ll... .., ..
James F. Penm:m, City Attorney
Subject:
Appeal of BlC Finding and BBC l\ctian
of June 1, 1990, by Owner, John
Wright, re 5194 IDuise Street
I:
City Attorney's Office
Date: July 26, 1990
Synopsis of Previous Council action: None.
Recommended motion:
MJI'ION: That the Board of Building Carmissioners' finding of June 1, 1990, that the City
aurred costs of $416.55 for the abatsnent actions at 5194 loJ.ise Street, and the BlC order
_abate the IUlisance and in::ur the costs of the City's abatement as a lien against the property
am a personal cbligation of the 0IrIIleI' (s), be upheld.
(I
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Signature
PENMAN, CITY ATl'ORNEY
cc: Shauna Edwins, City Administrator
John Martin, Sr. Asst. City Attorney
Dave Staclowski., City Attorney
Contact person: Inve"HC]"t-nr Phone: 384-5355
Staff Report, Appeal, BOC Order, Copy of Citation, Declarations of
Supporting data attached: Neiqhhnrs. Photos. and Photos of Ward: 5
Neighborhood
FUNDING REQUIREMENTS: Amount: N/A
Source: IAcct. No.)
(Acct. DescriDtion)
Finance:
eCil Notes:
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Anpnrl::t Itpm !\In
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CITY OF SAN BERteRDINO - REQUEST AR COUNCIL ACTION
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12/27/89:
12/28/89:
e
01/03/90:
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STAFF REPORT
RE:
5194 Louise Street
San Bernardino, CA 92407
CHRONOLOGY OF EVENTS:
Responded to citizen's request to inspect 5194
Louise Street. Trash and debris were scattered
throughout the property. There were bags of
decaying garbage on the front porch. There was a
large inoperable commercial van and an inoperable
motorcycle in the driveway. All but three of the
windows of the premises were boarded up,
preventing proper circulation and lighting for the
interior. There was a strong odor of apparent
decaying debris emitting from inside the premises.
A notice of violation was posted indicating the
property was to be abated by January 8, 1990.
Mr. John Wright contacted this office
telephonically indicating he was the owner of the
property at 5194 Louise Street. Mr. Wright
engaged Investigator Stachowski in a 50 minute
conversation. He indicated that the shower and
tub faucets leaked so bad that he turned off the
water to the premises. He denied there was trash
inside the residence, and stated the odor was
coming through the sewer pipes as he did not have
any water in the toilet. His gas is capped off
inside the residence, and he cooks on a single-
burner hot plate. Mr. Wright brings water into
his home in two large bottles. Although his house
payment is only approximately $160 a month, Mr.
Wright indicated he cannot afford to fix up his
home. Investigator Stachowski volunteered to
arrange for a low-interest home improvement loan,
and he declined the offer.
Mr. Wright came to the City Attorney's Office and
showed Investigator Stachowski a letter from the
mortgage company indicating he was three months
behind on his payments. Mr. Wright stated he
needed four weekends to clean up his premise, and,
at that time, he would allow an inspection to be
made inside his residence. It was agreed to give
Mr. Wright until February 2, 1990, to abate his
property.
JFP/DS/bg [Council.Req]
July 24, 1990
75.0264
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REQUEST FOR COUNCIL ACTION - 5194 LOUISE STREET
PAGE 2
02/02/90:
The exterior of Mr. Wright's residence was
inspected, and there was no compliance with the
abatement notice.
03/05/90:
Mr. Wright denied permission to inspect his
residence. A citation was issued to Mr. Wright
for inoperable vehicles in his driveway, which
included a van and motorcycle. He was cited for
failure to remove litter, debris and junk. He was
also cited for failure to remove overgrown and
dead vegetation.
05/02/90:
Mr. Wright appeared in court and requested a
continuance until June 6, 1990.
05/03/90:
Sent a certified copy of a notice of public
nuisance and intention of the City to abate the
nuisance. Mr. Wright filed a written request for
a hearing with the BBC to be held on June 1, 1990.
Mr. Wright appeared at the BBC where
documentation of the violations was submitted to
the BBC in addition to eight sworn declarations by
his surrounding neighbors as to the nuisance which
his residence has created. The BBC found that the
premises located at 5194 Louise Street constituted
a public nuisance and ordered Mr. Wright to abate
the property in 30 days. Mr. Wright complained to
the BBC that the City was not providing him with a
dumpster, and, at the BBC' s request, a dumpster
was provided for him within a week's time by the
Public Services Department.
06/01/90:
06/15/90:
The City Clerk's Office received an appeal to the
Council regarding the decision of the BBC.
07/18/90:
Mr. Wright appeared in court in Department A and
was found guilty of the prop~rty maintenance
violations and was fined $140 and given three
months probation.
Staff Recommendation:
Staff recommendation is that the decision of the BBC be
upheld.
JFP/DS/bg [Council.Req]
July 24, 1990
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CITY OF SAN BERNARDINO
e
statement Of Costs
San Bernardino Municipal Code, Title 15
The undersigned
incurred by the
that existed on
respectfully submits the
City of San Bernardino in
the property located at:
following statement of costs
abating the public nuisance
Address:
5194 Louise Street, San Bernardino, CA
John Wright
Owner:
Mailing Address: 5194 Louise Street, San Bernardino, CA 92407
Assessors No. 154 504 01
More particularly described as: Tract 5223, Lot 1, Book 69, Paqe 34
ITEMIZATION
"Title Search
_Inspector's Time
Secretary's Time
Compo & Retirement
Equipment
Certified Mailing
Pictures
Hearing Time
Attorney's Costs
Contractor's Costs
6 x $18.00
1 x $13.00
25%
8 x $.50
2 x 2 x 2
20 x 1
Administrative Costs
Notice of Pendency
Sub-Total
40%
Total Due
SBMC: 15.28
DATE:
BY: ) ~ AI;--4 A"7~ ~~.-
"eITY IN ESTIGATOR '
STATEMENTCOSTCI/eg
e
$
$
$
$
$
$
$
$
$
$
$
$
$
$
25.00
108.00
13.00
30.25
4.00
8.00
20.00
208.25
83.30
125.00
416.55