HomeMy WebLinkAbout37-Planning
CtTvC"6F SAN BERNARDINtP- REQ.EST FOR COUNCIL i>CTION
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Date:
._.04'-
Larry E. Reed, Director :-:;:C'S.-/..);'Subj8Ct:"Appeal of Board of Building
,'- . . ~ommissioner' s Decision
Planning & Building Services S':.? _,c, -" ';; ,j'Concerning 2607 North "I"
Street
September 6, 1990
Synopsis of Previous Council action:
None.
Recommended motion:
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That the Board of Building Commissioners' finding of
August 3, 1990, that the City had incurred costs of
$240.80 for the abatement actions at 2607 North "In
Street, and incur the costs of the City's abatement
as a lien against the property and a personal
obligation of the owner(s), be upheld.
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Signature
Contact person: Dean Pagel or Jack Masters
Phone:
5281
Supporting date attached: Staff Report, Appeal, and Ward: 5
Board of Building Commissioner's Order
FUNDING REQUIREMENTS: Amount: $240.80
Source: (Acct. No.! 001 000 41733
Finance:
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77lt _r#
(Acct. Descriotionl Revenue BBC
oneil Notes:
75-0262
Agenda Item No---3 7
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CITvQF SAN B.RNARDIN~ R.cQ.ST FOR COUNCIL ~TION
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75.0264
STAFF REPORT
Subject: Appeal of the Board of Building Commissioner's
order to abate a public nuisance, specifically, residential
footings and foundations, located at 2607 North "I" Street.
REOUEST
The property owner, Mr. Roosevelt Miller, is requesting that
the City waive setback requirements and that he not be made
to remove the footings and foundations.
BACKGROUND
A Building Permit for a new single-family residence was
issued to Roosevelt Miller on July 24, 1989. Excavation for
footings was approved September 8, 1989. In response to a
citizen's complaint on October 12, 1989, Code Enforcement
Officer, Danny Nolfo, issued a Notice of Violation and a stop
Work Order, based on improper construction. A letter with
list of corrections to be made was sent to Mr. Miller from
Mr. Dean Pagel, Building Inspection Supervisor on November
20, 1989.
On December 11, 1989, Mr. Jim Shepherd, legal representative
for Mr. Miller met with Mr. Pagel to determine the order of
action necessary to proceed with construction. On December
28, 1989, Mr. Miller re-submitted building plans and was
notified on January 4, 1990 the plans lacked required infor-
mation necessary to approve plans and continue work. On June
7, 1990, Code Enforcement sent Mr. Miller a notice to remove
footings and foundation as they were substandard and permits
had expired. On June 14, 1990, the City of San Bernardino
Department of Planning & Building Services received a letter
from Mr. Miller asking for extensions to his permit and
approval for alternative methods of construction. This
request was denied since the case was already scheduled for a
hearing before the Board of Building Commissioners (BBC). On
August 3, 1990, the BBC upheld the Department's
recommendation to abate the nuisance/substandard construction
and that Mr. Miller reimburse the City for $240.80 of
incurred costs.
ANALYSIS
A job site inspection revealed that the owner was mixing
concrete by hand in a wheelbarrow. This method of
construction leaves cold joints, rock pockets, and may other
defects in concrete placement. If the footings are not
properly constructed, it is useless to continue with the rest
of the project. It is imperative that the first steps in the
construction process be done correctly.
OPTIONS AVAILaBLE
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The Mayor and Council may deny the appeal and direct Mr.
Miller to remove substandard work done thus far, or uphold
the appeal, allowinq the work completed to remain and
allowinq owner to finish the house, or continue the case for
thirty (30) days, and direct Staff to have an independent
Enqineerinq firm inspect and brinq back recommendation to the
City Council.
RECOMMENDATION
That the Mayor and Council deny the appeal
complaints of allowinq shoddy workmanship
buildinq construction.
and not risk
and improper
Prepared by: Jack Masters,
Senior Buildinq Inspector
for Larry E. Reed,
Planninq & Buildinq Services Director
Exhibits:
A - Letter of Appeal
B - Board of Buildinq Commissioner's Order
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TO: D \.os ANQELeS
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Jesus P: "'TTAO
C"I.TCT. lit. TICZON
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Auqu.t 15, 1990
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AUG 2 0 1990 .'
The Honorable City Hayor
The Honorable Member. of the City Council
City of San Bernardino
City Hall, 300 North 'D' Street
San Bernardino, california
ae. A..BAL of Roosevelt Killer, Jr., OWDer
.roject Ho. '0-3748 (siaqle ~..ily aesideace)
ri (V Oi~ s.~~ !~'~NA;1i:1INO
O~?;-'~T~':~!,l'l" (~;.: "I.~"l~-:!NG &
e:";,;.;,;,:.;G ;;'':'-;'~':Ct;S
Your Honor.:
This i. an appeal from the action/recommendation. of the
Honorable Board of Buildinq Commis.ioner. of the City of San
Bernardino, California after a hearinq h.ld in the City'.
Council Chamber. on Auqu.t 3, 1990.
.ackarOUDd tDrorm.~iODI
The hearinq wherein Appellant, Roo..velt Miller, Jr., was
qiv.n hi. day was conducted reqardinq placinq an a.....ment
lien on Appellant'. property or buildinq under construction
located at 2607 North "I" Street, San Bernardino, California
for co.t. incurred ($ 240.80) a. a re.ult of an abatement
action taken by the City'. Code Compliance Divi.ion aqain.t
.aid property. The Buildinq Inspector'. Report dated July
9, 1990 has con.idered the project as Illeqal Con.truction,
a violation of the Buildinq Code becau.e of "Inadequate
foundation" and "cold joints in Footinq. - cem.nt not mixed
properly - .ack crete not allowed".
Aa~iOD/..aO".Dda~ioD. - 8uhj.a~ of a~D..ll
Th. action/recommendation. of the Board of Buildinq
Commissioners whic~ are the .ubject of this appeal are the
fol1owinq~ A
ATTACHMENT RAn
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I. Removal ot Concrete relative to the co14 joints
in the tootinqs.
II. owner must re-apply tor permit tor the rear yar4
cOMtructiop.
III. Re4rawinq ot plans by an Architect or Enqineer.
IV. Re-application tor .permi t usinq a Contractor.
D i . au. . i 0 DI
I. ...oval o~ COBar.~. r.l.~iv. ~o ~h. ao14 ioi~~.
ill t:ha foot:illaa.
This reco_enctation ot the Boar4 was base4 on
the Department ot Bui14inq an4 Satety Inspect-
or's Report statinq that "cement was not mixe4
properly - sack crete not allowe4".
Appellant believes that the honorable Boar4 has
been misle4 by this intormation ot the Buildinq
Inspector which is inaccurate and incomplete.
raatl The concrete on the tront halt ot the lot
was purchased trom OWl Concrete Company in
Rialto. Mr. Miller 4id not have a pump so he
aske4 the operator.ot the mixer to extend his
spout as tar as it would reach - 15 to 20 teet
into his yard trom the tront ot the house in
or4er to 40 the concrete mixinq on the jOb site.
Mr. Miller has coples ot Mome ot the trip
tickets ot the operator ot the concrete mixer,to
prove this. He is willinq to have the concrete
teste4 by an approve4 laboratory, it needed.
II.
OVDar .uat: ra-aDDlv for a.raft: for ~h. rear vard
aOIl.t:ruat:ioll.
Appellant believes that this is not necessary.
When the oriqinal buildinq permit was issue4,
it was determine4 that the plans coverinq the
entire construction ha4 met the Code require-
ments.
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III. ..dr..illa o~ al.B. h9 aa Arahi~.a~ or -Ilgill..r.
Mr. Mill.r do.. not obj.ct to this r.comm.nd-
ation. Howev.r, this ..... r.dundant becau..
stat. Law do.. not r.quir. buildinq plan. to b.
drawn by l&n archit.ot or .ngin.er, this i. more
so and particularly in the ca.. of an own.r-
contractor .ituation, such a. in this cas..
Th. own.r-contractor h.r. i. an Archit.ct and
works with the City of Lo. Anq.l.. Departllent of
Building and Saf.ty which has the .... function.
as the San Bernardino Departm.nt of Buildlnq and
Saf.ty. Hi. jOb, in fact, is, primarily to
revi.w plans for building construction, approve
th_ and issue the p.J:lllits.
IV. Ra-aaalicatioll for a.raft. u.illG . COlltraator.
App.llant may not object to usinq a Contractor
but h. con.id.r. r.-applying and paying all the
f... aaain for the peJ:lllits and plans, unrea.on-
able and .xc.ssiv..
pl.as. consider the fact that the plans were
approved by the Planning and Building Department
of San Bernardino. A sizeable amount of money
has b.en paid by the own.r to the City to obtain
the p.J:lllit., and for the work already don.. Th.
footinq excavations w.re inspected and approv.d.
Th. proj.ct was reviewed by professional archi-
tects and .nqineers and whatever def.cts if any
there ar., were found to be repairabl..
a 1:1 D . . 11
If it would not b. wastinq tim., your Appellant i. willing
to be int.rvi.wed by, or have an audience with your honors.
But, perhap., this will not b. n.c.s.ary if, hop.fully,
your honor. should find this appeal m.ritoriou. vi. a vis
the honor.bl. Board of Buildinq Commission.r.'
r.comm.ndation. which are quit. unr.asonabl., .xc.ssiv. and
impoaitory.
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The toregoing considered, it is most respecttully pray.d
that the Board's action b. count.rmanded or revoked.
Respecttully yours,
~ U'
!J#tLo ~
tt~rn.y At Law
cc: Board ot Building Commissioners
Departm.nt ot Building and sat.ty......
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BO~ OJ' OLDXlla(>JDa88J:Ona. __~.. 0
oltD.a 110. 1439 UWOa'l' 110. 3748
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3 01tDD OF THE BOARD. OF SUrLDrNG COMMrSSrONERS OF THE CrTY OF
SAM BERNARDrNO AU'l'HOlUZrNG THE ABATEMENT OF A PUBLrC NUrSANCE.
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WHEREAS, pursuant to the San Bernardino Municipal Code, Title
15, Chapter 15.28, the Building Official has posted a buildinges}
located at 2607 NORTH "I" STREET
, San Bernardino, California,
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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 persones) having an interest in
I' the above property, and has prepared a declaration of mailing of
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the notice, a copy of which is on file in these proceedings; and
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WHEREAS, a hearing was held to receive and consider all
relevant evidence, objections or protests on AIlr,IIQ ,
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and examined the evidence offered by the parties relative to the
alleged public nuisance,
22 WHEREAS, the Board of Building Commissioners heard the test-
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imony and examined the evidence offered by the parties relative
the alleged public nuisance,
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ATTACHMENT "B"
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BOARD. ...' BUroIJlG Ol'OOJOU88IORB
ORD.. 110. 1439
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0110.'1' 110. 3748
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3 NOW, 'l'HEREPORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOW:
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SECTION 1. Based upon the evidence submitted, it was found
and determined that the buildinq(s) andlor premises located at
2607 NORTH "I" STREET , San Bernardino, California, constituted a
public nuisance for the reasons set forth in Exhibit "An, attached
hereto and incorporated ~erein by reference as thouqh fully set
forth at lenqth as the findinqs 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
$ 240.80 to abate the above property, and that these costs to the
City to abate the above property shall be the personal obliqation
of the owner(s) as well as a lien on the above property.
SECTION 3. The owner(s) is directed to keep the vacant
buildinq(s) boarded and secure and to keep the premises free of
debris, trash, and qraffiti. The owner(s) is directed to obtain
permits and to rehabilitate the buildinq(s) in compliance with
city codes prior to any occupancy.
SECTION 4. Any person aqqrieved by this order may, within
fifteen (15) days after AIIGIIST 9 1QQn, appeal to the Common
Council by filinq with the City Clerk a written statement or the
order appealed from the specific qrounds of appeal and the relief
or action souqht from the Common Council.
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BOAlwJ 0., OLDIllcaOJalI88IOnJb.
OItDB. BO. 1439
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"l'Oft 110. 3748
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I HEREBY CERTIFY that the foreqoing order was duly adopted
by the Board of Building Commissioners of the City of San
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Bernardino at a REGULAR
meeting thereof, held on the 3rd
, 19~, by the following vote, to wit:
day of AUGUST
COJDII88Ionasl
AS8TAIII
ARSBIfT
Chairman-Warren Miller
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Dan Westwood
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William Ponder
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Jack Hunt
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Benjamin Gonzales
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Manuel Flores
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Herbert Pollock
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Gene pensiero
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Gary Lord
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,;r.-t:, .~ - L .~,a.: - 0_
CLERK, BOARD OF BUILDING COMMISSIONERS
this ,.3rd day of AI.(.tIwt,
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The foregoing order is
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COMMISSIONERS
Approved as to form and legal content:
::S liZ'
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City Attorney
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CEIBBC
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. CITY 01" SAN~BERNARDINO
DE1._~P G AND SA! .:Y
-300~Ofth - S~.1:
SAN BElurARDINO, CA 92411
EXJaBJ:T -A-
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An in.peat1cm ... aad. o~ ~. below Hntioned .tl"\lc1:ur.C.) and/or
pr_b.., ,and 81Ib8~ conclit1ona which sball includ. but not b.
limited 1:0 tile" ~ollovin9, w.re ob..zoveel.
- 'l'h. ownere.). and all intere.teel partie., a. indicated on ~e Title
Report, were sent a certilied ..11il\9 of ~e.e condition..
- 'l'he reco...ndation i. to incur all current and future cost in tne fonn of a
lien on the property or a personal ooligation of the owner(s).
~ All such suJ:).tandard buildinq. or premise. are hereDY declareel to be
public nuisances and such nuisance. shall b. abated by the repair,
removal or demolition o~ sUch'un.ate buildinq. by ~e proper
procedure. Permits are required prior to startinq repair or demo-
lition work. .
.:rO'1'AL COSTS INCURRED TO DATE: $ ~ L{ o. 8'0
OWNER /l co ~ ~ ue If- 111 fI..~ J~. LOCATION Z C;:C 7 "L/. r Sr.
ADDRESS f&J'Ic (i.':.J./""t"dl.f!~k PKtt."v, ASSESSOR'S NO. It( <j /3 I Z. 7
CITy,,-'..;;r(h/'~I"? .t!", 9179c TYPE/BLOG )I/7'~/.r r.]/'l)/v KJes-.
.
PHONE NO. VIOLATION rll..?~;J / e...,,~ sT/J.vdIC/1
DATE OF INSPECTION ~-e'(-Y'C DATE PREPARED 7-C? - 9C
o IT!:M NO.
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SUBSTANDARD MOnaINQ (Inad.aua~. Sani~a~ionl- UHC CR. 10
sEcrroN 1001
1. Lack ot or improper water closet, lavatory, bathtub or
shower in dwellinq.
Z. Lack ot or improper kitchen sink or drainboard in dwell-
inq.
3. Lack of hot and cold runninq water in dwellinq.
4. Lack ot adequate heatinq facilities.
5. Lack o~ or improper operation ot required ventilatinq
equipment.
S. Lack ot minimum amounts ot natural liqht and ventila-
tion.
7. Room and space dimensions les. than required by code.
8. Lack of required electrical liqhtinq.
9. Dampne.. ot habitable roo..
10. Inte.tation of insects, verain or rodents.
11. General dilapidation or improper maintenance.
12. Lack of cOMec1:ion to requireel sewaqe disposal system.
13. Lack of ..intenance of .eptic .y.tem.
14. Lack o~ adequate qarbaqe and rubbish storaqe and removal
~acilitie..
15. Inadequate hou.ekeepinq - tra.h, qarbaqe, etc.
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All Code. are adopted by and
Bernardino Municipal Code C SBHC
INSP~~ION REPORT WAS GIVEN TO:
~ A property owner
B manaqer
C ~enan~
D by hand delivery
E requ-larmaU
X P certitied mail
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THIS
on
STRUCTtnU\L ~ARDS ~
Open a va .
Fire db"aqecl eru= . .
BZ'OJcen door. and vindows.
%11eqa1 addi~ion Cboo~leq)
:Z:nadequa~e veather pro~e=ion (root 1eaJcs, e=.)
rRAdequa~e tounda~ion.
.a99inq tloor8.
.Inadequa~e ra~-proofinq.
oChilllney .~ru=ure unsound.
. '1'eZ'lllite damaqe.
S~ruc~ural: inteqri~y que.~ionable.
PtnMJlltNt: (~,
Wa~er hea~er illeqally in.~lled in bath or bedroom.
Wa~er he.ter has no T , P valve or sei.mic tie down..
LeaJcinq/broken/pluqqad sever drains.
Leakinq and/or broken pipe..
Cro.. connec~ed plumbinq.
Yard sprinJclers must have vacuumn breales.
M!!CHAHICAL fUMe\
Illeqal qa. heater or appliance.
Improperly vented vater heater.
Inadequate or missinq qa. shu~ oft valve.
COmbustible. stored too near heatinq appliance..
EL~CTRICAL (N~Cl
OVertusinq - branch circuits not to exceed 15 amps for
liqhts and 20 amps tor receptacle..
Kissinq electrical covers or tix~ures.
Inadequate outlets.
Electrical service entrance is inadequate.
Hazardous or illeqal wirinq.
C:EN~RAL , saMe,
Pools - staqnant water
inadequate qate
Not to be occupied until corrections are made.
Certificate ot Occupancy required.
Improper Occupancy.
Nuisance
Po.sible Fire Hazard.
Smoke Oetectors Required.
Address required on all buildinqs and/or a arements.
Supplement: t! . ,,;f.$ ~ r/;~tI.s t:!~_*..
""',
REi'OR'l' NOjl." - Sf TC
inadequate tence
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are a part ot the San
15.04.020).
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.Qtn fl. iieo4~.
INSPEC'l'OR SIGNATURE
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CITY OF
San Bernardino
'.
O."..IIITIII"T 0' 'LANNING AND IUILDUIQ '."VIC.I
LARRY E. REED
DIRECTOA
hc.;'()s-elie l-f M;II~r- .Jr". .
1'140 WaJnu.t" Ci-~o(I<'. fKvJV
\\lfst (ovlnQI (Ii 'lO'lu
Au~ust 3/ {4'l.O
2~c'1 M:dh 'I' Sf.
San Bernardino, CA
APN# 14'1. /.3/ -27
PROJECT NO. 37'16
Pursuant to action of the Board of Building Commissioners
taken on AUjlj,.s+ :3. 1'1'10, a nuisance was found to exist at
2<..-C'1 NC'd-h '..1' St..-"...t , 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 Buildinq 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:
f' <o'f AI.., --r- /
.,,{;-..---/~ . < - J _t..~--e~
Code Compl1ance Officer/
Approval:
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Code Compliance Supervisor
cc:
City Attorney
City Clerk
Finanee Department
300 "'lOATH
CALIFORNIA
:~.' ..' ,
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O' S T R E E T .
12411.000t
SAN IE"NARDINO,
(7 , .) J' .. .. ., 11 . . . .,
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The undersigned respectfully submits the followinq statement
of costs incurred by the City of San Bernardino in abatinq
the public nuisance that existed on the property located at: .
Property Address: Z(pc1 -rJ&)th :.;' 4t"l.l.d" - xfa,,- 'lJJ/)fl(J/)d'IW, ~
l2CirJ.tw:l.t- mdlt) Cf .
,q40 L()a..1nu.f t!.Luk. PhuJt;j - ~t
JLlq~J3J~Z7
31 LfB
Leqal Description: tG-t;:{ , I.3J./) 6'4 Kanoho ;dtln
{to. p\ /nap: /Li<!..&"!de..tL ",.:.. J3d-k 1 ~ Z
V1... -d,(. "6JL ( C!-L !'J. -tit{ f!.ht/TUA IZt.. ~ #1dt,-) .
- (J lTEMIZATIO!t'
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......i tJ' n s_ .t"'\.ar4bo
DeparaaeJlt of ~l&iD9 ~ 81I:1.14iJl9 Ser9'ices
C04e BJlforc..eJlt Div:l.sioJl
Statement of Costs
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OWner:
Kailinq Address:
Parcel Number:
Project Number:
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
$
$
$
$
$
$
Total costs_$
25.00
125.00
22.00
"S.~
2..40.fO
40'
Date: S/-a jqi)
By: ten H. J-J.7r! 0. t~_ . .a-
Code comp1ia=";ffi~ 0
Approved By:~" .. '- .~
Code Compliance Supervisor
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(lovtflCL
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~na;"'d,
Ob mtt-p.:.