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CITY OF SAN BER.RDINO - REQUEST .R COUNCIL ACTION
Im:Larry E.
. t: Planning
Reed, Director
_ SlIbject,: - --
Appeal of BBC finding and
BBC Action of July 6, 1990,
By: Owner, Enos Dennis
Re: 943 Pennsylvania
& Building Services
Date: July 24, 1990
Synopsis of Previous Council action:
NONE
Recommended motion:
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That The Board of Building Commissioners' finding of July 6, 1990, that
the City incurred costs in the amount of $11,844.15, for the abatement
of at 943 Pennsylvania, and the BBC Order to incur the costs as a lien
against the property and a personal obligation to the owner(s) be upheld;
and that the owner be directed to demolish the fire damaged structure.
cc:
Shauna Edwins, City
John Martin, Senior
Admin,"trator d""'J'i~/~
Assistant City Attorney I Sign~
Contact person: Phone:
Supporting data attached: D~M!~dRE~~t~J'. B~~a~~M~lit gth~8l t 'A I 'Ward:
$11,844.15
Debra Daniel
384-5205/384-5257
2
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
001-181-41733
Board Ups & Demolitions
(Acct. DescriPtion)
Finance:
.'I71l
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./
'/
~Cil Notes:
75-0262
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Agenda Item No~_'z./
CITY OF SAN BER.RDINO - REQUEST .R COUNCIL ACTION
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A.
03-25-80
B. 10-08-85
C.
08-11-88
D. 08-31-88
e. 10-21-88
F. 07-07-89
G. 07-06-90
STAFF REPORT
CITY OF SAN BERNARDINO
DEPARTMENT OF PLANNING & BUILDING SERVICES
CODE ENFORCEMENT DIVISION
943 PENNSYLVANIA
SAN BERNARDINO, CA 92411
REPORT/PROJECT NO. 1477
APN. 139-141-06
Notice of Pendency recorded with
to possible buyers on notice
substandard housing.
the County Deed Records
of City violations of
An inspection was made on the property and a full blown
junk yard business was found to exist. The owner, Mary
Mannings was notified of violations and ordered to cease
operation. No further action was taken by the City.
An inspection was made
The owner was notified
Mannings) .
City abated the property incurring costs of $13,571.81.
and the same conditions existed.
with no response. (Owner, Mary
The owner, Mary Mannings was notified of costs with no
response.
A new owner acquired property (Enos Dennis), after abate-
ment action and costs had been incurred on August 31,
1988.
Case went before BBC on July 6, 1990. The Order by BBC
was to lien the costs. Subsequently, an appeal to Mayor
and Common Council. Just prior to going to BBC severe
fire damage had occured to the structure.
STAFF RECOMMENDATION:
The current zoning is R-S. (Residential Suburban)
Staff Recommendation is to uphold the Board of Building Commissioners'
decision to lien the costs in the amount of $11,844.15, and to direct
the owner to complete the demolition of the fire damaged structure.
CE/943PENNSYLVANIA
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75.0264
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.A
or BUILDIHG COMMI8811:fR
ORD..IIO. 1417
"1'0_ 1IC7. 14 '77
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3' ORr--r 01' TH. BOARD-.OF. BUILDING COMMISSIONERS OF THE CITY OF
SAX BBJIlfDDIHO AtlTRORIZIHG THE ABATEMENT OF A PUBLIC NUISAHCE.
4
WHBRDS, pursuant: to the San Bernardino Municipal Code, Title
15, Chapter 15.28, the Building Otticial has posted a building(s)
,
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943 Pennsylvania
, San Bernardino, California,
located at
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and has notitied person(s) having an interest in the above prop-
erty that the building(s) or premises constitute., public
nuisance;
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11 WHEREAS, pursuant to San Bernardino Municipal Code, the build-
12 ing Official has served a "Notice of Hearing Before the Board of
13 Building Commissioners of the City of San Bernardino", relating to
14 abatement of said nuisance, to the person(s) having an interest in
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the above property, and has prepared a declaration of mailing of
the notice, a copy of which is on file in these proceedings; and
WHEREAS, a hearing was held to receive and consider all
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relevant evidence, objections or protests on July 6.
, 19..2.!L,
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and examined the evidence offered by the parties relative to the
alleged public nuisance,
WHEREAS, the Board of Building Commissioners heard the test-
imony and examined the evidence offered by the parties relative to
the alleged public nuisance,
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BOW
r BtJIIoDIIIG OF COJDIISSI~:
ORD..IIO.. 1417
1477
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3 N~U, I'.rIS,ORDQBD BY THE BOARD OF BUIIoDING
COJDIISSIOImRs OF THE CITY 01' SAN BERNARDINO AS FOLLOW:
.B1I0.~ IICJ.
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SECTION 1. sased upon the evidence .uJ:lJDitted, it was found
and determined that the building(s) andlor premise. located at
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943 Pennsylvania
, San Bernardino, California, constituted a
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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 deter-
mined that the City of San Bernardino was required to initiate
abatement actions; that the City incurred costs in the sum of
$11.844.15 to abate the above property, and that these costs to the
city to abate the above property shall be the personal Obligation
of the owner(s) as well as a lien on the above property.
SECTION 3. The owner(s) is directed to keep the vacant
building(s) boarded and secure and to keep the premises free of
debris, trash, and graffiti. The owner(s) is directed to obtain
permits and to rehabilitate the building(s) in compliance with
city codes prior to any occupancy.
SECTION 4. Any person aggrieved by this order may, within
fifteen (15) days after July 10, 1990 , appeal to the Common
Council by filing with the City Clerk a written statement or the
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IS
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order appealed from the specific grounds of appeal and the relief
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or action sought from the Common Council.
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&m or BUIt.DIBCJ cOmaslIAs
ORDJUl BO.1::I:fl- ItBI'OIl'1" BO.~
r ~.BY CERTIFY that the foregoing order was duly adopted
4 by the Board of Building commissioners of the City of San
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Bernardino at a reaular
meeting thereof, held on the 6th
day of July
COJIIIZ8810llBRSa
, 19 90 , by the following vote, to wit:
AS8TArB
AB8Bl1'l'
in
ox
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8 Chairman-Warren Miller ~
9 Dan Westwood L...
10 William Ponder ~
II Jack Hunt L
12 Benjamin Gonzales ~
13 Manuel Flores L
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Herbert Pollock
.1L.
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Gene pensiero
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Gary Lord
..Joe::::'
JrlLMll.- )i. 100 n~ 'ii'
CLERK, BOARD OF BUILDING CaMHI lONERS
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The. foregoing
19l2.....
of July
approved
,
Approved as to form and legal content:
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B
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CE/BBC
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l'l'MD'r OF BUII.DIlC AHD" SA rr'
, 3"CDlIfcm:Jr.ItJJ.'l:"S~tt\
SA>> 8....apIIft1~CA. ,~~.,
EXlaBrr -1.- A....
. . ~ 1::; .
An in~~i;..... lIt.~" o~ t.be below lMIl~lone4 .~(.) andIo&"
pr_u.... .....~ concU.~lo~. Vblc:b shaU include bu~ not be
11aJ.t".....ft11ovinq. wue ob.uved.
A;e. ovIUIt(.a)-md &11 1n~eJ:'Uted paI:'1:1.., a. 1ndic:a~ed on t.be '1'ltl.
eport, .... MIl~ a cel:'1:1!led u11ift9 of t.be.e condi~i~.
Tbe r..... "".............t10n i. to lncur all current and future cost in tne fonn of a
lien on the property or a personal Obligation of tne owner(s).
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- All suc:b .UbatandaJ:'d building. or premis.. ar. hereby decl.~adto be
public nui.anc.. and such nuisanc.. shall be abated by the repair.
relloval or d&l1011tion of such un.at. building. by t.be propa&"
procedure. 'el:'llit. are r.quir.d prior to stal:'1:ing repalr or dello-
lition work.
$ ", F/II.~!:l.J.&
LOCATION ~. ~"......,. V'i~~ IJ....
ASSESSOR'S NO. ,ac,-,..." -Oft,.
'l'YPE/BLOG ~.,:-. L . ,.,
, L' l4AC. "'f?t.
VIOLATION ~,., ~C..c.,~ .. .~_
DATE PREPARED -.. I.. D Ie? c>
TOTAL COSTS IIfCURRED TO DATE:
OWNE~'^"'I.l!!l.. ~_II_!I4.._
ADDRESS ~
CtTY L....... "'-1 ~ ,...... .1' II!II Q...- - -
PHONE NO. -
DATE OF INSPEC'l'ION"g/--Ias..
e ITEM NO.
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4.
5.
6.
7.
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10.
11.
12.
Z 13.
14.
L15.
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SUBSTANDARD HOUSING (I"ad.~a~. Sani~a~ionl_ ORe CR. 10
SEeTYON 1001
Lack ot or illproper water closet, lavatory, bathtub or
show.r in dw.lling.
Lack ot or illprope&" kitchen sink or drainboard in dw.ll-
ing.
Lack ot hot and cold running water in dw.lling.
Lack of adequate h.ating tacilities.
Lack of or illproper operation of required ventilating
.quiplI.nt.
Lack ot lIinillUII allounts ot natural liqht and ventila-
tion.
RoolI and spac. dill.nsions l.s. than required by cod..
Lack of r.quir.d .l.ctrical liqhtinq.
Dallpn... ot habitable roo..
Infe.tation ot in..ct.. v.rain or rod.nts.
G.n.ral dilapidation or improper lIaintenance.
Lack ot connection tw .~~..d sewage di.posal syste..
Lack ot.llaint.nance ot s.ptic .y.tell.
Lack ot adequate garbage and rubbish storage and r.moval
facilitie..
Inadequate houselceeping - tra.b. garbage. etc.
All Codes are adopted by and are a part
Bernardino Municipal Code (SBKC 15.04.020).
THIS INSPECTION UPORT WAS GIVEN TO:
X A property owner
8 _naqer
C tenant
D by hand delivery
B relJUl" aU.
P certiti,d mail
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3..
4.
5.,
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t. 0
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2.
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on
ria\! 18
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OpeD" a: vacanC.. _~: _: ~~:-
Pir..,..-q__ .~"'~'-----.o
BreI" cSoo~ .. viDdolnr_ .
%11.,.1 adcln1CB (bOoU..y,- .
r".4aquata v_Cla~ pntec:c101l (roor leab-,. etc.)
%Juadequata tounclaUon.
. .aft~ tloo~.
Inadequat. raC-proofing.
:~f.."ey structure unsound.
Tenait. daaaq..
Structural. integrity qg..tionable.
PUJMBYMt: (OPt!,
Water heater llleqally installed in baCIa or bedrooa.
Water heater ha. no T , P valve or sei..ie tie down..
LeaJdnq/brolcen/pluqqed sever drain..
Lealcinq and/or brolcen pipe..
cros. connected plumainq.
Yard sprinlc1ers mu.t have vacullan breales.
MECRAKreAL ttJM~l
Illeqal qa. heater or appliance.
Improperly vented vater heater.
Inadequate or mis.inq qa. shut otf valve.
COmbustible. stored too near heatinq appliance..
~L~CTRI~AL (NEel
OVertusinq - branch circuit. not to exceed 15 amp. tor
liqhts and 20 amps tor receptacle..
Missinq electrical covers or tixtures.
Inadequate outlets.
Electrical service entrance is inadequate.
Hazardous or illeqal wirinq.
GENERAL (SBMCl
Pools - staqnant water
inadeqgate qate
Not to be occupied until co~ectlons are made.
eertiticate of Occupancy required.
Improper Occupancy.
Nuisance
Po.sible Fire Hazard.
Smoke Oetector. Required.
Addre.. required on all bu
Supplement:
.~
inadequate tenee
.
ot the san
19 90
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CITY OF
San Bernardino
DEPARTMENT 0' 'LANNING AND IUILDING I.RVIC.I
LARRY E. REED
DIRECTOR
July 9, 1990
Enos Denn i s
1247 E. 87th Place
Los Angeles, CA 90002
943 Pennsylv,oia _~
San Bernard~no, ~A
AFN# 139 141 06 .
PROJECT NO. 1477
Pursuant to action of the Board of Building Commissioners
taken on Julv 6. 1990 a nuisance was found to exist at
943 Pennsylvania , San Bernardino, California.
Certain costs were incurred to abate the nuisance and arp.
listed in the attached statement of costs. These costs have
been approved by the Board of Building Commissioners' and
shall become a lien upon the property, if not paid.
An appeal may be made within fifteen (15) days of the date of
the decision of the Board of Building Commissioners to the
Common Council. If no appeal is taken, the costs incurred
shall become a lien upon the real property unless paid to the
City Clerk within fifteen (15) days of the date of this
notice.
Larry E. Reed, Director
Planning & Building Services
by:
j)~- j). f~
Code Compliance Officer
Approval: ~4 ::/.,p~ ~ .
Code Compliance Supe isor
cc: City Attorney
City Clerk
Finance Department
300 NORTH D' STREET, SAN BERNARDINO.
C A L I FOR N I A g 2 .. 1 . - 0 0 0 1 (7 1 . ) J . 4. .. , 1 , . . I .,
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Departmene~e Lanning and Building s~
~ Bnforc..ene Divi.ion '-'
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Stat...nt:. of Costs
The undersiqned respectfully submit. the following stat..ent
of costs incurred by the. City of sail . 88mardino in abating
the public nuisanc. that existed on the property located at:
Property Address:
943 Pennsylvania
- San Bernardino, CA
owner:
Enos Dennis
Hailing Addres.:
1247 E. 87th Place
- Los Angeles, CA 90002
Parcel NUlllber: 139 141 06
Project NUlllber: 1477
Legal Description: Lot 4, Tract No. 2639, Book 37 Pg 50
ITEMIZATION
Department of Planning and Building Services costs:
Title Research
Notice of Pendancy proce.sing Fee
City Clerk Administrative Costs.
Contractor's Cost.
Administrative Costs
Public Service Department Costs
$ 25.00
$ 125.00
$
$ 9,694.15
40% $ 2,000.00
$
coses_$ 11,844.15
Total
Previous costs incurred:
Date
Date
Amount $
Amount -$
Toeal Due -$ 11,844.15
Date:
J'I1y 9. 1990 /1 . 1 ,
11. t/LIL-t. v
Code Compl ance Off cer -Il
Approved By: h /;J>tL J.C/JllllV ~.
Code Compliance Supe~isor
By: