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HomeMy WebLinkAbout32-Planning . C..tv OF SAN BERNACloINO - REQUEST FO'il COUNCIL ACTION From:Larry E. Reed, Director 9 C 1"0 _, .Sul:li!lcv.,,,;:- i;;"';.. . Au-.u,t. ,\:,.. Appeal of BBC finding and BBC Action of July 6, 1990, By: Owner, Enos Dennis Re: 943 Pennsylvania d/.1 - 5.j;;l. 'f'35 I..~ Dept: Planning & Building services,:.sa juL ,'7 !.'~ R r One: July 24, 1990 Synopsis of Previous Council action: NONE Recommended motion: 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. =, d~~ Shauna Edwins, City Administrator . John Martin, Senior Assistant City Attorn~ Sign Debra Daniel 384-5205/384-5257 Contact person: Phone: Supporting data ntached: ~i~ndREB~fit. B~~a2~MI~t gth~~H I A I 'ward: $11,844.15 2 FUNDING REQUIREMENTS: Amount: Source: IAcct. No.) 001-181-41733 Board Ups & Demolitions IAcct. Descriotionl Finance: v./l :/ , Council Notes: 75-0262 Agenda Item N04 :J." . CITY OF SAN BERN,oDINO - REQUEST FdJl COUNCIL ACTION 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. 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. the County Deed Records of city violations of 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 75.0264 d ,rill;, / (.~}i,'tI~/ 1/ , 17 18 19 20 21 22 23 24 25 26 27 28 - BcO or BU%:r.DDlG CODz88%OnO OaD.. 110. 141.7 1 2 3. o~p- or TB.BOARD-Or- BUI:r.DING COMMISSIONERS or THE. CITY OF SAN" BBRNARDINO AtJ'l'BORIZING THE ABATEMENT OF A PUBLIC NU%SANCB. UIOIl'l" JICt. 14'77 4 , 6 WHEREAS, pursuant to the San Bernardino Hunicipal Code, Title 15, Chapter 15.28, the Buildinq Official has posted a buildinq(s) 943 Pennsylvania , San Bernardino, California, located at 7 8 II and has notified person(s) havinq an interest in the above prop- erty that the buildinq(s) or premises constitute.. public I nuisance; 10 .,. 11 12 WHEREAS, pursuant to San Bernardino Municipal Code, the build- ing Official has served a "Notice of Hearing 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 proceedings; and 13 14 15 16 WHEREAS, a hearinq was held to receive and consider all relevant evidence, objections or protests on July 6. , 19..2Q..., and examined the evidence offered by the parties relative tQ the alleqed public nuisance, WHEREAS, the Board of Buildinq commissioners heard the test- imony and examined the evidence offered by the parties relative to the alleged public nuisance, IIII IIII IIII -1- . 18 19 20 21 22 23 24 25 26 27 28 BOu() r BOILDINca OF COllllI88IO-o ORD..IIO. 1417 1 1 3 NO~FORB, IT - IS,ORDERBDBY 'l'BE BOARD OF BUILDING COMMISSIONERS OF 'l'BE CITY OF SAN BERNARDINO AS FOLIDW: ..MIlT 110. 1477 4 SECTION 1. Based upon the evidence suDmitted, it was found and determined that the building(s) and/or premises located at 5 6 943 Pennsylvania , San Bernardino, California, constituted a 7 8 9 puDlic 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 s1.1bmitted, it was deter- mined that the City of San Bernardino was required to initiate abatement actions; that the City incurred costs in the SUIII of $11. 844. 1 5 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 COllllllon Council by filing with the City Clerk a written statement or the order appealed from the specific grounds of appeal and the relief or action sought from the COllllllon Council. 10 11 12 13 14 15 16 17 IIII CE:102 -2- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 26 27 28 BO~ OF BUIr.DDCJ ~VMJ.SIO..f; oRDlla BO..l!:t11...- ullOa!> BO.~ IHaU!:BY CERTIFY that: the foregoing order was duly adopted by the Board of Building commissioners of the city of San Bernardino at a reaular meeting thereof, held on the 6th day of July , 19~, by the following vote, to wit: COJIICISSIonasl USTA.:rR USBIft' laD DI The foregoing 19~. approved this ~ day of July , Approved as to form and legal content: J B IIII IIII CE/BBC '. . . . .........It wa ........ Q~A&UJ""" D~ l'l'JoaaW OF BUII.D~ UID' SI;""\ ~ V . 3"OIt 1fGJ:tlr."D.";:S~1:!- "wi SAlt lD>>~nI~""c;&. t~U. . . . ,__ BXII%~ ."_.0" .-.- ~. An in.~....1IIIde o~ tile alov ..n1:ione .1:n~C.) ed/or preai._, .. 81Ib8~.adu,1 condJ.1:ion&. VIlicla 8hall inclUde bu1: no1: b_ l1llitec:l 1:fi 1:bat-~ollovin9, were ob.erved. A;- ovnerCa~ ancl all intarutec:l parti.., aa incUcatec:l on the '1'iUe port, were .enC a certUiecluilinq ot the.e concUtiona. The r~1:ion ia to lncur all current and future cost in tne fom of a lien on the property or a personal oDl1gat1on of the owner(s). - All .uch sub.1:anclaZ'd bU!ldinqa or praise. are hereby d.clared to be public nuisance. and such nui.ance. shall be abated by th. repair, removal or d-.olition ot sucla un.at. buildinq. by the proper procedure. P.rIIita are requir.d prior to surtinq r.pair or d4IImo- lition work. O~"".,a. .(rA~"'- ADDRESSJ~ LI..nJ....Jh.... ct.TYL-... lJ.-1" I.... .".. ~..~-_ PHONE NO. - DATE OF INSPEC'1'ION~ $ ", flIIt.~G LOCATION Q.!:fa.....D~"...... dtlAII;,.. a'l~ ASSESSOR'S NO. ,ac,-,..." -Cc,. TYPE/SLOG ..:=.. F'". L . ~ VIOLATION ~.,., l:l:::UC'-&.;..../4..~!..__ c DATE PREPARED ~l.ao IQc '1'O'1'AL COSTS INctJRRED '1'0 DATE: ITEM NO. 1. 2. 3. 4. 5. 6. 7. 8. t. 10. 11. 12. --L 13. ....L- 14 . 215. SUBSTANDARD HOUSYNG (rnad.8Ua~. gani~a~ionl_ ~C CR. 10 SEerYON 1001 Lack ot or improp.r water clos.t, 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 of adequate heatinq facilities. Lack of or improper op.raUon of required ventilatinq equipment. Lack ot minimum amounts of natural liqht and ventila- tion. Room and space di..nsions les. than required by code. Lack ot required elec1:r1cal l1qhUnq. DaJlpne.. ot habitable 1'008. Intesution of 1nsec1:s, veZ'llin or rodents. aeneral dilapidation or improper maintenance. Lack ot' connec1:ion t" "equ';',,4IOcl sewaqe disposal syst... Lack ot. maint.nanc. of s.ptic syst... Lack of ad.quat. qarbaqe and rubbish storaqe and removal taciliUe.. . Inad.quate hous.k.epinq - trash, qarbaqe, etc. All Cocle. are adopted by Bernardino Kunicipal Code IHSPJ:~IOIf UPORT WAS GIVEN TO: X A property owner 8 unaqer C tenant D by hand delivery . regular 111&11. P certifi,d lII&il y 1:_ . 2"_ 3.. 4. 5_ .... 7". 8'. ' ,.' 10. 11. 1. 2. 3. 4. 5. s. 1. 2. 3~ 4. 1. 2. 3. 4. 5. 1. 2. 3. ~4. 5. s. 7. 8. ,. THIS x on '<!all 18 ........r.............. ....- ....n......~............ . "'~_i. '..' u..:....,_ OpeD: ~ vacu~.. -':~":::.:: o.~ rir...~ecIt.~, .._____ BraUm door.: ..~..... IllecJd add1Uoa CbOoU..,)"',- . T"~dequaca vea~ pnteae1oa. Croo~ leaJca-~ eta.) tIIaclequaca toundat1cm. . .an~ floo~. . .madequat. rat-proof!nlr. .Cbaney .tructure UMOWld. '1'ermit. dauq.. Structural" int-nity quut!onule. PUJMRrKC tt7Pe, Water heater illeqally in.talled in bath or bedroom. Water heater has no '1' , P valve or .ei.mic tie down.. teakinq/broken/pluqqed sever draina. teaJcinq and/or broken pipe.. Cros. COMected plWDbinq. Yard sprinJcler. must have vacuumn breaD. MEeRAHrCAL tmrel " t Illeqal qa. heater or appliance. Improperly Vented water heater. Inadequate or missinq qas shut off valve. Combustibles stored too near heatinq appliance.. ELEerRreAL (NEel OVertusinq - branch circuit. not to exceed 15 amp. for liqhts and 20 amp. tor receptacle.. Kis.inq electrical covers or tixture.. Inadequate outlets. Electrical service entrance is inadequate. Hazardous or illeqal wirinq. CEtttRAL (SBMCl Pool. - staqnant water inadequate qate Not to be OCcupied until correction. are made. Certificate of Occupancy required. Improper Occupancy. NUisance Po.sible Fire Hazard. Smoke Detectors Required. Addres. required on all bu SUpplement: A&;..o~ NO. 1477 inadequate fence . . and are a part of the San (SBKC 15.04.020). 19 90 - ~"\)\<~ INSPI; '. SIC; ~ , o o CITY OF San Bernardino D.PARTYINT OP PLANNING AND lUlL DING "WYIC.' LARRY E. REED DIRECTOR July 9, 1990 Enos Dennis 1247 E. 87th Place Los Angeles, CA 90002 ,;Jn~ 5i;l-'}5:3, 943 Pennsylv,~ia _~ San Bernard1no, ~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 are 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: 12-- if, f.k~~ Code Compliance Off cer Approval: ~IJ. :I.~~. Code Compliance Supe isor cc: City Attorney City Clerk Finance Department , " . 300 NORTH O. STFlEET. SAN BERNARDINO, C A L I F 0 A N I A I 2 .. 1 . - Q 0 Q 1 (71 . . J' 4...011 J' .. 7 '\ '. "",,'J q' - ~ - - , ., Ci .... of SaD Bernardino Department cI"\ lanning' aDd BUilding' se1"O's ColN(Bnforoement Division Statement:. of Costs The undersigned respectfully submits the following' statement of costs incurred by the. City of saii . Bernardino in abating' the public nuisance that existed on the property located at: Property Address: 943 Pennsylvania - San Bernardino, CA owner: Enos Dennis Mailing' Address: 1247 E. 87th Place - Los Angeles, CA 90002 Parcel Number: 139 141 06 project Number: 1477 Leqal Description: Lot 4, Tract No. 2639, Book 37 Pg 50 ITEMIZATION Department of Planninq and Buildinq Services costs: Title Research Notice of pendancy Processinq Fee City Clerk Administrative Costs Contractor's Costs Administrative Costs Public Service Department Costs $ $ $ $ 9,694.15 $ .2,000.00 $ Total costs_$ 11,844.15 25.00 125.00 40t Previous costs incurred: Date Date Amount $ Amount -$ Total Due $11,844.15 Date: Code Illy 9, 19~ .11 d ' I( . t'L c/ Compl ance O. ff cer . /J By:p IM~ 1.001lL['1 ~. Code compliance superYiaor By: Approved