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. 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
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BcO or BU%:r.DDlG CODz88%OnO
OaD.. 110. 141.7
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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
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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
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and has notified person(s) havinq an interest in the above prop-
erty that the buildinq(s) or premises constitute.. public
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nuisance;
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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
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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,
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BOu() r BOILDINca OF COllllI88IO-o
ORD..IIO. 1417
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3 NO~FORB, IT - IS,ORDERBDBY 'l'BE BOARD OF BUILDING
COMMISSIONERS OF 'l'BE CITY OF SAN BERNARDINO AS FOLIDW:
..MIlT 110. 1477
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SECTION 1. Based upon the evidence suDmitted, it was found
and determined that the building(s) and/or premises located at
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943 Pennsylvania
, San Bernardino, California, constituted a
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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.
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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
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CE/BBC
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. .........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.
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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
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7".
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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
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and are a part of the San
(SBKC 15.04.020).
19 90
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INSPI; '. SIC; ~
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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
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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