HomeMy WebLinkAbout12-Planning & Building Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael Hays, Director
Subject:
Appeal of BBC Order No. 3887
Regarding Property Located at 100
W. Hospitality Lane
Dept: Planning and Building Services
~rJ- MCC Date:
May 5, 1997
Date: April 29, 1997
Synopsis of Previous Council Action:
January 13, 1997
January 27, 1997
February 17, 1997
Continued to January 27, 1997
Continued to February 17, 1997
Continued to May 5, 1997
Recommended Motion:
That the Mayor and Common Council uphold Order No. 3887 of the Board of Building Commissioners and deny
the appeal.
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Contact Person: Michael Hays
Phone: 5357
Supporting Data Attached: Staff Reoort
Ward: 3
FUNDING REQUIREMENTS: Amount: Nt A
Source:
(Am.No.)
(Acct. Description)
Finance:
Council Notes:_
Previously
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Tabled
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CITY OF SAN BERNARDINO "- REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Appeal of Board of Building Commissioners Order No.3887 regarding building code violations
(unpermitted construction/expansion of nightclub) at property located at 100 W. Hospitality
Lane.
BACKGROUND
March 6, 1996 In response to a complaint, Senior Building Inspector Jack Masters,
inspected the property located at 100 W. Hospitality Lane with the
appellant's attorney, Mr. Walter Tribbey. He observed building code
violations on the property. Specifically, Mr. Masters noticed that a large
room on the east side of the building had been converted (remodeled) for
use as part of the nightclub without required building permits or
inspections. This room had formerly been vacant and had not been used
as part of the nightclub operation, as verified by the approved plans for
the remodel of the building in 1993. In fact, the Conditions of Approval
for CUP 93-21 provide that "(future) use of the 2747 square feet of pool,
steam room and sauna area shall require the review and approval of the
Planning Division through the Development Permit process." This
restriction was imposed because of insufficient parking for the facility.
In addition, the inspector noted that an exterior canopy had been installed
without permits.
March 7, 1996 As a result of the inspection, Mr. Masters posted the property with a
Notice of Violation and sent a copy to the property owner, Gerald
Mattingly, via certified mail. Service was acknowledged. (See attachment
G)
April17, 1996 A second Notice of Violation was issued to the property owner, service
being accomplished by posting a copy on the building and mailing a copy
by certified mail. Service was acknowledged. (See attachment F)
August 19, 1996 The Department received a title report indicating that Elizabeth Hough and
Gerald Mattingly are the owners of the property. No other interest
holders are identified in the title report.
October 28, 1996 The Department notified the property owners of the BBC Hearing on
November 7, 1996. The Notice of Hearing was posted on the building
and copies sent by certified mail to the owners, and attorneys Walter
Tribbey and Roger Diamond. Service was acknowledged. (See
attachment E)
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October 31, 1996 Attorney Roger Diamond sent Inspector Masters a letter stating that Mr.
Welty, the president of Manta Management, was interested in obtaining.
the required permits and paying the incurred costs ($325.41) to resolve the
matter without a hearing. Another letter (also dated Oct.31, 1996) from
Mr. Diamond stated that he objects to the notice for the November 7th
BBC Hearing and that the statement of incurred costs was not complete.
(See attachments F and G)
November 7, 1996 The Board of Building Commissioners made a finding that the property
constituted a nuisance and adopted stafrs recommendations and ordered
the owner(s) to comply with the following order:
"That the owner shall obtain a Special Investigation within 10 days from
the date of this order, submit plans for approval within 30 days from the
date of this order, and obtirln permits for the unpermitted construction
within 90 days from the date of this order, or if the owner elects not to
obtain the required permits, he shall remove the unpermitted construction
within 30 days form the date of this order."
The BBC order is dated November 13, 1996. (See attachment B) Also,
as a result of the owners' failure to comply with the Notice of Violation
within the specified time frame, the Board confirmed the costs of
abatement incurred by the City in the amount of $325.41.
November 27, 1996 Attorney Walter Tribbey filed a letter of appeal on behalf of Manta
Management, the "lessor" of the property. (See attachment A)
APPELLANT'S STATED GROUNDS OF APPEAL
1. The appellant contends that "it was given no 'Notice of Hearing' of the alleged hearing
conducted on November 7, 1996 and therefore was unable to appear and protect its
interest in the matter.
2. The appellant further contends that the property is not being maintained in violation of
the San Bernardino Municipal Code and therefore is not a nuisance.
ACTION SOUGHT BY APPEI.LANT FROM THE MAYOR AND COMMON COUNCIL
Not Specifically Stated. Although, the appeal does state that "Manta Management seeks an
opportunity to cure any complaint the Building Commissioners have with respect to this
property" .
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ANALYSIS
1. According to Attorney Tribbey, Manta Management is the lessor of the property and they
assert that they were not notified of the November 7th BBC Hearing. The San
Bernardino Municipal Code, Section 8.30.040A requires the City to notify the owner,
lien, mortgage, or trust deed holder or lessee as ascertained from the title company
records. The City obtained a title report on or about August 19, 1996, which only
revealed the owners, Elizabeth Hough and Gerald Mattingly, as having an interest in the
property, and the owners were notified.
Further, in addition to sending notice to the owners, the City also posted the property to
put any tenants on notice of the pending City action and sent notices via certified mail
to their attorneys.
Also, despite Attorney Tribbey's claim that Manta Management did not receive notice
of the November 7th BBC Hearing, Attorney Diamond's letter dated October 31, 1996,
stating that Mr. Welty, the president of Manta Management, is interested in resolving
the matter without a hearing, suggests otherwise.
In addition, the San Bernardino Municipal Code, Section 8.30.040 (c) states:
"The failure of any person to receive the Notice shall not affect the validity of
any proceedings under this Chapter."
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2.
Appellant contends that the property is not a nuisance, however he has not submitted any
information or evidence that contradicts the BBC's finding.
The Board determined that unpermitted construction existed on the property constituting
a violation of the Uniform Building Code. San Bernardino Municipal Code Section
8.30.010 provides that public nuisances includes violations subject to abatement under
the police powers of the City. The City is responsible for the enforcement of building
codes in accordance with various statutes.
STAFF RECOMMENDATIONS
That the Mayor and Common Council uphold Order No. 3887 of the Board of Building
Commissioners and deny the appeal.
ATTACHMENTS:
A: Letter of Appeal from Attorney Walter Tribbey dated November 27, 1996
B: BBC Order No. 3887
C: Letter from Attorney Roger Diamond dated October 31, 1996
D Second Letter From Attorney Roger Diamond dated Oct. 31, 1996
E: Notice of Hearing dated October 28, 1996
F: Notice of Violation dated April 17, 1996
G: Notice of Violation dated March 7, 1996
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~WOFFlCEOF (g@W>W
WALTER TRIBBEY
2061 Wright Ave. Suite A-3
La Verne. California 91750
Walter Tribbey
November 27, 1996
VIA CBRTIFIBD HAIL
P 133 458 507
Mayor and Common Council
city of San Bernardino
c/o City Clerk of the City of San Bernardino
300 No. D St.
San Bernardino, CA 92418-0001
Re: Order No. 3887 Case No. BI96-0007
Assessors No.: 141-412-38
Dear Clerk:
RECEIVED-CITY CLEP/f
'96 DEe -5 A10 :56
Telephone: (909) 392-5811
Facsimile: (909) 392-5810
This office represents Manta Management, Inc., the lessor of
the property located at 100 W. Hospitality Lane, San Bernardino,
CA. Attached is a copy of Order No. 3887.
The lessor hereby appeals the above order on the grounds that
it was given no "Notice of Hearing" of the alleged hearing
conducted on November 7, 1996, and was therefore unable to appear
and protects its interest in the matter. The City of San
Bernardino was well aware of the identity of the lessor. Further,
the property is not being maintained and occupied in violation of
the SBMC, and is not a nuisance. Manta Management seeks an
opportunity to cure any complaint the Building Commissioners have
with respect to this property.
Please notify me of the date set for the hearing on this
appeal.
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CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT
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CITY OF
San Bernardino
DEPARTMENT OF PLANNING AND BUILDING SERVICES
NOTIFICATION OF BOARD OF BUILDING
COMMISSIONERS' ACTION
Gerald F. Mattingly
Elizabeth Gregg Hough
13432 Diamond Head Drive
Tustin, CA 92680-4737
ATION: 100 W. Hospitality Lane
(\, 0, CA 92408
(. \) SESSORS NO: 141-412-38
(.\.\" ORDER NO.: 3887 .
"\ \ Y CASE NO: BI96-0007
OFFICER: J. Masters
November 13, 1996
Pursuant to action of the Board of Building Commissioners' taken on November 7. 1996, in
regards to the property located at 100 W. HosuitSlllitv Lane. Attacbed hereto is a copy of the
Board of Building Commissioners' Order, which states the findings of the Board 'and any
required corrective actions.
As owner and all vested parties of record you were notified in your previous Notice of Hearing
that the Board's rmdings may be appealed to the Mayor and Common Council within fifteen (15)
days of the date of this notice. This appeal must be flIed with the City Clerk's office, 300 North
"D" Street, 2nd Floor, San Bernardino, CA 92418. A fee of $75.00 must accompany your
request. The written appeal should include:
(a) Property location, parcel number, order number, and case number;
(b) Specific grounds for appeal; and
(c) The relief or action sought from the Mayor and Common Council.
If you have any questions regarding this appeal process, please contact the City Clerk's office
at (909) 384-5002.
By:
cc: City Clerk
City Attorney
Interest Holder(s)
30'0 NOArH .0. srREET. SAN BERNARDINO.
C A L I F 0 A N I A 1241..0001 CIOI) SI..S071/JOS7-F It. X CIOII ,1...0.0
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ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
ORDER NO. 3887
CASE NO. BI96-0007
3
4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
5 15, Chapter 15.04, 15.24 and 15.28," the Building Official has
6 posted a property located at 100 W. Hostlitalitv Lane. San
7 Bernardino, California, with a "Notice and Order" and has notified
8 the person having an interest in said property that the said
9 building or premises is in violation of San Bernardino Municipal
10 Code (SBMC) and constitutes a public nuisance;
11 WHEREAS, pursuant to San Bernardino Municipal Code, the
Building Official has served a "Notice of Hearing" before the
Board of Building Commissioners of the City of San Bernardino,
relating to abatement proceeding, to the person having an interest
in the above property, and has prepared a declaration of mailing
of the notice, a copy of which is on file in these proceedings;
WHEREAS, a hearing was held to receive and consider all
relevant evidence, objections or protests on November 7. 1996;
and,
WHEREAS, there was not an appearance by any person(s) having
an interest in the above property.
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1 - FINDINGS:
Based upon the evidence submitted, the Board finds that the
violations noted in the Notice of Hearing do in fact exist on the
property located at 100 W. Hostlitalitv Lane, San Bernardino,
California, and is being maintained and occupied in violation of
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BOARD OF BUILDING
. .ORDBR NO. 3887
PAGE 2 OF 3
COMMISSIONERS
CASB NO. BI9S-0007
the SBMC, and therefore constitutes a nuisance.
SECTION 2 - ORDER:
The
Board
Building
staff's
of
Commiss.ioners
adopted
recommendations.
That the owner shall obtain a Special
Investigation within 10 days from the date of this order, submit
plans for approval within 30 days from the date of this order, and
obtain permits for the unpermitted construction within 90 days
from the date of this order, or if the owner elects not to obtain
the required permits, he shall remove the unpermitted construction
within 30 days from the date of this order.
SBCTION 3 - AUTHORIZATION TO ABATE:
If the owner fails to comply with the Board's order within the
time frame specified, the City may initiate action and abate the
nuisance.
SECTION 4 - CONFIRMATION OF INCURRED COSTS:
Due to the owner's failure to comply within the time frame
specified in the original Notice and Order, the owner shall incur
all current costs of abatement in the amount of S32S.41 in the
form of a lien or personal obligation, which if not paid, shall be
recorded with the County Tax Assessor as a special assessment on
the property.
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3887 CASE NO. BI96-0007
PAGE 3 OF 3
SECTION 5 - RIGHT TO APPEAL:
Any person aggrieved by this order, may appeal to the. Mayor and
Common Council by filing a written statement with the City Clerk.
The statement must include the order number appealed, the specific
grounds of the appeal, and the relief or action sought. This
written appeal must be received within fifteen (15) days from the
date of this order dated Nov~ner 21. 1996.
SECTION 6 - ~T~SION:
Upon receipt of an application from the person required to conform
to the order and by agreement of such person to comply with the
order if allowed additional time, the supervising Building
Official may grant an extension of time, not to exceed an
additional 120 days, within which to complete said repair,
rehabilitation or demolition, if the supervising Building Official
determines that such an extension of time will not create or
perpetuate a situation imminently dangerous to life or property.
The supervising Building Official's authority to extend time is
limited to the physical repair, rehabilitation or demolition of
the premises and will not in any way affect or extend the time to
appeal the Notice and Order.
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BOAlW Oli' BUILDING COMMJ:SS:l:ONERS
ORDER NO. 3887
CASE NO. B:l:96-0007
:I: HEREBY CERTU'Y that the foregoing order was duly.
adopted by the Board of Building Commissioners of the City of San
Bernardino at a regular meeting thereof, held on the 7th day of
Nov-mher. 1996, by the following vote to wit:
COMla~SJ:ONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso X
Carol Thrasher -X
Amado Savala .x
Larry R. Quie1 X
"Joe" v. C. Suarez, Jr. X
~ Ruben X
B. Nunez
Herbert Pollock .x
Benjamin Gonzales X
Leo Cash, Jr. L
, Bo rd of BU1lding Commissioners
The foregoing order is hereby approved this 7th day of November,
1996.
Approved as to form and legal content:
JAMES
BY:
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ln1 NOV 06 1996 [!lj
LAW O''''CES OF
ROGER ..JON DIAMOND
CITY OF SAN BERNARDINO
DEPARTMENT OF PlANNING &
BUILDING SERVICES
ZIIS MAl N STREET
SANTA MONICA. CAL.IFORNIA 90405-2215
TEL.EPHONE 1310) 38g.3250
"AX (3101452.2031
(310) 302-0020
October. 31, 1996
".
Mr. J. Masters, Inspector
Department of Planning & Building Services
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418-0001
Re: Notice of Hearina for Hosoitalitv Lane
Dear Mr. Masters:
I have your Notice of Hearing regarding an allegation
that permits were not obtained to open up a room and to
build a canopy.
Please let me know whether the obtaining of the permit is
all that is necessary to cure this matter or whether
there still must be a hearing.
I believe that Mr. Welty would be willing to obtain the
required permits and to pay the $325.41 costs to resolve
this matter without a hearing.
Please let me know whether this is agreeable with you.
Sincerely,
(?~~ ~b(~~J
ROGER JON DIAMOND
RJD:jb
cc: R. Welty
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]1 NOV C 6 1996 \!!J
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L.AW O,-'-'CES OF"
ROGER ..JON DIAMOND
CITY OF SANBERNARCINO
OEPARTMWT OF PLANNING a.
BUILDING SERVICES
2115 MAIN STREET
SANTA MONICA, CAL.IFORNIA Sit040!i-221$
TE~EFlMONE (3101 30~-32!5~
". AX 13101 ....!52~2031
13101 302-0020
October )1, 1996
Mr. J. ~~s~ers, Inspector
Department of Planning & Building Services
City of San Bernardino
300 North aD" Street
San Bernardino, California 92418-0001
Re: 10C Hosoitalitv Lane
Dear Mr. Masters:
I have a copy of your Notice of Hearing purporting to set
the hearing on this matter for November 7, 1996 at 9 A.M.
before the Board of Building Commissioners in San
Bernardino.
I respectfully object to your notice.
Cos~s is not complete.
The Statement of
Moreover, there is currently pending
Court a related matter involving the
Bernardino. The City is represented
Attorney Huston Carlyle.
before the Superior
City of San
by Assistant City
We tentatively have the matter set for Friday, November
15, 1996 at 1:30 P.M. in Department D of the Superior
Court ir. San Bernardino. We are trying to get the matter
advanced to Friday, November 8, 1996 at 1:30 P.M. because
I have a federal court conflict on November 15.
I note the hearing that you have set is for Thursday,
November 7 at 9 A.M.. Perhaps we could have your matter
set for Friday, November 8 in the afternoon after the
court appearance in the Superior Court.
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Oct. 31, 1996
leteer cont'd.
In the alternative, if Mr. Carlyle is agreeable and if it
is agreeable with Judge Carl Davis in Department D
perhaps we could have both the Planning and Building
Services hearing and the Superior Court matter on the
same day November 7. If the Superior Court agrees then
we could attend your matter first at 9 A.M. and then go
right to the Superior Court to Judge Daivs' court. By
copy of this letter to attorney Huston Carlyle I am
respectfully requesting that he determine whether or not
that Judge Davis is available" on November 7.
Thank you.
Sincerely,
~D~'-~
RJD:jb
cc: H. Carlyle, Asst. City Atty.
Randy Welty
Gerald F. Mattingly
13432 Diamond Head Drive
Tustin, CA 92680-4737
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CITY OF
San Bernardino
DEPARTMENT OF PL.lNNING AND BUILDING SEAVICES
October 28, 1996
Notice of Hearing
(Final Notice) .
Property Owner:
Gerald F. Mattingly
Elizabeth Gregg Hough
13432 Diamond Head Drive
Tustin, CA 92680-4737
Subject Property: 100 W. Hospitality Lane
San Bernardino, CA
Assessor's Parcel No.: 141-412-38
Case No.: B196-0007 Inspector: J. Masters
Dear Property OwnerlImerest Holder:
TInS NOTICE is hereby served to you as owner or interest holder of the above referenced
property. An abatement hearing in regards to outstanding violations of the San Bernardino
Municipal Code located upon the above referenced property has been scheduled for
THURSDAY. NOVE~mER 7. 1996 AT 9:00 A.M. before the Board of Building
Commissioners, at 300 North "D" Street, City Council Chambers, San Bernardino,
California, 92418. Evidence will be presented by staff at this hearing pertinent to the
outstanding violations and the costs of abatement incurred by the City. You may be, but need
not be, represented by legal counsel. You may present any relevant evidence or have witnesses
testify at this hearing to challenge the abatement.
Based on the property owner's failure to correct the violations, a "Notice of PendencylNotice
of Substandard or Dangerous Building" is being Filed with the County Recorder to give public
notice of the action taken by the City. A processing fee is automatically assessed at the time of
recordation.
The direct costs incurred by the City for this abatement action are attached for your review. If
the abatement action and costs are upheld by the Board of Building Commissioners, the City will
place an assessment lien on the above referenced property for all costs incurred. To avoid the
placement of the lien. the incurred costs must be paid to the City Clerk's Office at 300 North
"D" Street, Second Floor, San Bernardino, California, 92418, within 15 days from the date
of the Board of Building Commissioners ruling.
3CO ~OArH .0' SfREET. SAN BEANAROINO. '. ..
C A l. I F 0 Fa N I A 12" I J. 000 I (101) JI..S071/S0S7.FAX 1101) 3'4.S0.0
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Notice of Hearing - If W. Hospitality Lane
October 28, 1996
Page 2 of 2
If you disagree with the decision of the Board. you may appeal your case before the Mayor and
Common Council. Your appeal must be submitted in writing to the City Clerk within IS days
of the Board's ruling. A fee of $75.00 mustaccompany your appeal. Your wrinen appeal must
include the case number, property location, the specific items appealed and grounds the~efore,
and the relief or action sought from the Mayor and Common Council. . .
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OUTST Al'lffiING VIOLA nONS
On March 7. 1996 the property owner of record was notified that violations of the San
Bernardino Municipal Code exists on the property. The owner was requested to correct the
violations within a specified time period. On ADril17. 1996 a subsequent inspection revealed
that the requested corrections were not completed. The outstanding violations include the
foUowing:
1. Construction Without Required Permits or Inspections...
[SBMC 15.04.020, UAC 301 (a) and 305]
A. The 2,747 square foot room on the east side of the structure Iias ben converted
into usable space without the required building permits/inspections.
B. A covered canopy has been constructed on the north end of the structure without
required building permits/inspections.
A Special Investigation must be obtained and completed prior to SUbmitting an application
for a building permit for an unpermitted structure. A Special Investigation can be
obtained by submitting an application and the appropriate fee at the Planning and
Building Services Department counter on the 3rd Floor of City Hall, located at 300 North
"D" Street.
By acting immediately to correct these violations prior to the hearing date. the imposition of
incurred costs. a lien, or further abatement actions by the City may be avoided.
If you should have any questions regarding this notice. please contact the undersigned inspector
by telephone at (909) 384-5071.
Inspector
Attachment: Statement of Costs
cc: City Clerk
G. Lee. Account Clerk
file
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Case Number:
Subject Property:
Parcel Number:
Statement of Costs
(Rental Housing)
BI96-0007 Date:
100 W. Hospitality Lane, San Bernardino, CA
141-412-38
October 28, 1996
. .
The undersigned respectfully submits the following statement of costs incurred by the City of
San Bernardino as a result enforcement actions necessary to abate violations located at the above
referenced property.
DIRECT COSTS
Inspector's Costs (FBR):
City Clerk Costs
Attorney Costs
Photographs
Title Search
Certified Mailing
Notice of Pendency
Hearing Cost
$ 45.16
$ 30.00
$ 40.00"
$ 2.00
$ 25.00
$ 8.25
$ 125.00
$ 50.00
SUBTOTAL
$ 325.41
Contractor:
40% Admini~trative Costs
CONTRACTOR COSTS
$-
$-
SUBTOTAL
$-
$-
Previous costs incurred: Contact City Clerk for
previous fees incurred
Abatement Date:
-------
-------
TOTAL Ai.'WOUNT DUE
$ 325.41
All costs not immediately paid will be recorded with the County Tax Assessors Office as a lien
upon the property, at which time additional processing fees plus interest will be assessed.
If you have any questions or need clarification of this statement of costs, please contact the City
Clerk's Lien Coordinator at (909) 384-5002 with the case number and property address.
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IDllowing -.lees (fIlr an extra fee
1. 0 Addressee's Address
2. 0 Restricted DelNery
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CE OrVIOLI,.ION
- SECOIID IlOTICE - .
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City .f "n .........ino
.,.._t .f Planning and IIulldlng .....100.
300 N. 'D' St.. S.n Bern.rdino. C.litorni. 92~1~1
(909) 384-6071 . FAX 1909138~
Property Location:
Clwnor:
Add....,
100 West Hosoita11tv Lane
G€rald MattinQlv
13432 Dia~ond Head Dri~2
D.t.:
4/17 /96
City:
Tustin
Stot.:
CA
Zip Code:
92680
You are hereby notified that the following violations of the San Bernardino Municipal Code existon the above referenced
prope~ 15.04.020 UBC. 106.1 Permits Required. Specifically. The.2.747 Square Foot
Room On The East Side Of The Structure Has Been Converted Into Usable Space
Without The ReQuired~Permits. AdditionallY. A Covered Canopy Has Been
Constructed On The North End Of The Structure Without The Required Permit.
,
;
'.
Xl Permits Required IUAC 301a)
n Special investigation and fee required IUAC 304 Ie))
U Plans Required
[J Other
-~ ...--)
The above listed violations must be corrected within ~.,'_l'ditVS::'P.-J notifv ;~~ ':ndersigned inspector when
the corrections have been completed. If you. have any q~estions. please call this Department. Thank you. your
cooperation is appreciated.
f"
;
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1nIpoctor'INlme ~..Jack Masters'
".'-
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Signalur.
----Phone 384-5071
Legal Notl~.:
.... ~~ l'" ~ :".::
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"ro,u olJiecr I,' r/HI delerminotion O<Incerning rhi. norice. you muSl iii.. wrirrenAPPfAL with"'e City Clerk wirhin 10 days from rhe data ofrhi.
notle".../ r'
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"".ire ro O<I"ecr r/HIlisred vio/erion. may resull in rhe.C/ry pll;cing. NOTICE OF PENDENCY upon rhi. properly unril such rime.. rhe violerion.
lie corrected. or may ...ull in orher lega/ecUon a. .ppropri.r.. '-.' _ ,"
. _ . ;..\ J...-/
Comp/i.nce with rhil norice.lMfM. on, or .rrer rhe ebove O<Imp/i.nce dote do;;; nor p!;eveni pro.ecurion by rhe City Arrorney'. Office on .ny
ot r/HI.""... violelion. of rhe Sen INmardino Municipel Code. ..
.. .'
V",lerion. ere punish.ble by a Fine of up ro S600 .ntVor imprisonment in '''' County jilil for. period ot up ro silt (6) monrh..
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MSTERSlibO Er' _lT~ lttt I "" I " ,,'11' .
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NO~CE' OF VIOLA~ON
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City o' San Bernardino
D....rtment of Planning and Building Servic..
300 N. "0" SI.. Sin Slrnlrdino. Clliforni. 92418-0001
19091384.6071 .. FAX 19091384-5463
Property Location: /CO /,r f/e~,Pi.f.AII,/ ~';uIE
.
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Owner: Ii".':/!' -Ill) //"I~'7T/I,.t:'-'
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Address: 13 ~.3!/
Cily: 7 t/,1/':J
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Zip Code: 9')(' g?;
You are.hereby notified thatthe following violations ofthe San Bernardino Municipal Code existon the above referenced
:PtO~eriv:"" /5:&',/. bZO u4(.,. to'.! 7&"</I1;-/$l?~~t/i'(E/J. 5PE~/r"'4/y,, 7Alt:'
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Permits Required (UAC 301a)
Special investigation and fee required (UAC 304 dl
Plans Reql,lired -'" .
Other
\ .'--' .. -....----;
The above listed violations must be corrected within / ~ ~ days. Please notty the undersigned inspeCtor when
the corrections have been completed. If you have any questions. please call this Department. Thank you, your
cooperation is appreciated'f -#- \ i.
Inspector'sNeme . ~L '~ .. SignIIUre~~.-'~~ Phon(?()rftj'tf537/
Legal Notl es: .
, ~~-
If you objeclto the determination concerning rhi. norice. ,.6"u must file e written APPEAL with the Ciry Clerk within 10 days from the date ofrhis
notice.
i/ureto correclthelisted violation. may resulf in the City placing a NOnCE OF PENDENCY upon this property unril.uch time a.the violations
. corrtICt<<L or may result in otl1e, leg,1 action .s appropriate. .
.. .- ~
Compliance ,,!ith this notice, bero"e. on, or .her the move compliance date don no; prevent prosecution by the City Attomey's OffICe on any
of the above violation. of the San Bernardino Muni.,;paj-Code.
~ .-#" ~
Violai~ns are punishable by a Fine.o~vp..!.'?J500 Ind/o'(;mpri.,nment in the cOunty N/ for a period of up to .ix 16/ month..
D_lrIIIutloft: WHr1'!..wI 10 OWMt CANAJiy. .,..., PlNK.FiIe HARDCOPY. Post
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Tustin. CA 92680
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11, December .1991 DOMESTIC RETURN RECEIPT
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,.
CITY' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mike Hays, Director
re PJanningand Building Services
Date: December 19, 1996
Subject: Appeal of BBC Order No. 3887 Regarding
Property Located at 100 W. Hospitality Ln.
urr nATl=i'" T-::1nll!:1ry 1'l, 1007
Synopsis of Previous Council Action: None
Recommended Motion: That the Mayor and Common Council uphold Order No. 3887 of the Board of Buildmg
Commissioners and deny the appeal.
e
Contact person:
Mike Hays
Supporting data attached: Staff Report
FUNDING REQUIREMENTS:
ffff~
Si ture
Phone:
5357
Ward: 3rd
Amount: Nt A
Source:(Acct. No.)
(Acct. Descriotion)
Finance:
Council NoteS:~~
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SURTECT
Appeal of Board of Building Commissioners Order No.3887 regarding building code violations
(unpermitted construction/expansion of nightclub) at property located at 100 W. Hospitality
Lane.
BACKGROUND
March 6, 1996 In response to a complaint, Senior Building Inspector Jack Masters,
inspected the property located at 100 W. Hospitality Lane with the
appellant's attorney, Mr. Walter Tribbey. He observed building code
violations on the property. Specifically, Mr. Masters noticed that a large
room on the east side of the building had been converted (remodeled) for
use as part of the nightclub without required building permits or
inspections. This room had formerly been vacant and had not been used
as part of the nightclub operation, as verified by the approved plans for
the remodel of the building in 1993. In fact, the Conditions of Approval
for CUP 93-21 provide that "(future) use of the 2747 square feet of pool,
steam room and sauna area shall require the review and approval of the
Planning Division through the Development Permit process." This
restriction was imposed because of insufficient parking for the facility.
In addition, the inspector noted that an exterior canopy had been installed
without permits.
March 7, 1996 As a result of the inspection, Mr. Masters posted the property with a
Notice of Violation and sent a copy to the property owner, Gerald
Mattingly, via certified mail. Service was acknowledged. (See attachment
G)
April 17, 1996 A second Notice of Violation was issued to the property owner, service
being accomplished by posting a copy on the building and mailing a copy
by certified mail. Service was acknowledged. (See attachment F)
August 19, 1996 The Department received a title report indicating that Elizabeth Hough and
Gerald Mattingly are the owners of the property. No other interest
holders are identified in the title report.
October 28, 1996 The Department notified the property owners of the BBC Hearing on
November 7, 1996. The Notice of Hearing was posted on the building
and copies sent by certified mail to the owners, and attorneys Walter
Tribbey and Roger Diamond. Service was acknowledged. (See
attachment E)
October 31, 1996 Attorney Roger Diamond sent Inspector Masters a letter stating that Mr.
Welty, the president of Manta Management, was interested in obtaining
the required permits and paying the incurred costs ($325.41) to resolve the
matter without a hearing. Another letter (also dated Oct.31, 1996) from
Mr. Diamond stated that he objects to the notice for the November 7th
BBC Hearing and that the statement of incurred costs was not complete.
(See attachments F and G)
November 7, 1996 The Board of Building Commissioners made a finding that the property
constituted a nuisance and adopted staffs recommendations and ordered
the owner(s) to comply with the following order:
"That the owner shall obtain a Special Investigation within 10 days from
the date of this order, submit plans for approval within 30 days from the
date of this order, and obtain permits for the unpermitted construction
within 90 days from the date of this order, or if the owner elects not to
obtain the required permits, he shall remove the unpermitted construction
within 30 days form the date of this order."
The BBC order is dated November 13, 1996. (See attachment B) Also,
as a result of the owners' failure to comply with the Notice of Violation
within the specified time frame, the Board confirmed the costs of
abatement incurred by the City in the amount of $325.41.
November 27, 1996 Attorney Walter Tribbey filed a letter of appeal on behalf of Manta
Management, the "lessor" of the property. (See attachment A)
APPELLANT'S STATED GROUNDS OF APPEAL
1. The appellant contends that "it was given no 'Notice of Hearing' of the alleged hearing
conducted on November 7, 1996 and therefore was unable to appear and protect its
interest in the matter.
2. The appellant further contends that the property is not being maintained in violation of
the San Bernardino Municipal Code and therefore is not a nuisance.
ACTION SOUGHT BY APPELLANT FROM THE MAYOR AND COMMON COUNCIL
Not Specifically Stated. Although, the appeal does state that "Manta Management seeks an
opportunity to cure any complaint the Building Commissioners have with respect to this
property" .
ANALYSIS
1. According to Attorney Tribbey, Manta Management is the lessor of the property and they
assert that they were not notified of the November 7th BBC Hearing. The San
Bernardino Municipal Code, Section 8.30.040A requires the City to notify the owner,
lien, mortgage, or trust deed holder or lessee as ascertained from the title company
records. The City obtained a title report on or about August 19, 1996, which only
revealed the owners, Elizabeth Hough and Gerald Mattingly, as having an interest in the
property, and the owners were notified.
Further, in addition to sending notice to the owners, the City also posted the property to
put any tenants on notice of the pending City action and sent notices via certified mail
to their attorneys.
Also, despite Attorney Tribbey's claim that Manta Management did not receive notice
of the November 7th BBC Hearing, Attorney Diamond's letter dated October 31, 1996,
stating that Mr. Welty, the president of Manta Management, is interested in resolving
the matter without a hearing, suggests otherwise.
In addition, the San Bernardino Municipal Code, Section 8.30.040 (c) states:
"The failure of any person to receive the Notice shall not affect the validity of
any proceedings under this Chapter."
2. Appellant contends that the property is not a nuisance, however he has not submitted any
information or evidence that contradicts the BBC's finding.
The Board determined that unpermitted construction existed on the property constituting
a violation of the Uniform Building Code. San Bernardino Municipal Code Section
8.30.010 provides that public nuisances includes violations subject to abatement under
the police powers of the City. The City is responsible for the enforcement of building
codes in accordance with various statutes.
STAFF RECOMMENDATIONS
That the Mayor and Common Council uphold Order No. 3887 of the Board of Building
Commissioners and deny the appeai.
ATTACHMENTS:
A: Letter of Appeal from Attorney Walter Tribbey dated November 27, 1996
B: BBC Order No. 3887
C: Letter from Attorney Roger Diamond dated October 31, 1996
D Second Letter From Attorney Roger Diamond dated Oct. 31, 1996
E: Notice of Hearing dated October 28, 1996
F: Notice of Violation dated April 17, 1996
G: Notice of Violation dated March 7, 1996
. ,
/f?74tT .4
-I
UWOFFlCEOF (g@WJW
WALTER TRIBBEY
...
2061 Wright Ave. Suite A-3
La Verne. California 91750
Walter Tribbey
November 27, 1996
VIA CERTIFIED MAIL
P 133 458 507
Mayor and Common Council
city of San Bernardino
c/o City Clerk of the City of San Bernardino
300 No. D St.
San Bernardino, CA 92418-0001
Re: Order No. 3887 Case No. BI96-0007
Assessors No.: 141-412-38
Dear Clerk:
RECEIVED-CIT'( CLERi<
"96 DEe -5 A1O:56
Telephone: (909) 392-5611
Facsimile: (909) 392-5610
This office represents Manta Management, Inc., the lessor of
the property located at 100 W. Hospitality Lane, San Bernardino,
CA. Attached is a copy of Order No. 3887.
The lessor hereby appeals the above order on the grounds that
it was given no "Notice of Hearing" of the alleged hearing
conducted on November 7, 1996, and was therefore unable to appear
and protects its interest in the matter. The City of San
Bernardino was well aware of the identity of the lessor. Further,
the property is not being maintained and occupied in violation of
the sBMe, and is not a nuisance. Manta Management seeks an
opportunity to cure any complaint the Building Commissioners have
with respect to this property.
Please notify me of the date set for the hearing on this
appeal.
CITY OF SAN BERNARDINO
MISCEllANEOUS CASH RECEIPT
\~\\
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\
19~
Date
Received From
The Sum of '\ 5 Dollars ao Cents
F~~~~~~~~tr'">\.'-~
Department
By
ACCOUNT NO.
12/11/96
8ateh: 13756
Trans. cOde: SF
Stub
TOTAL
- Cept. Numeric Control
""
4
No.
693676
AMOUNT
11:48:07 Aft
Ion:
A.ount: 75.00
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CITY OF
San Bernardino
DEPARTMENT OF PLANNING AND BUILDING SERVICES
NOTIFICATION OF BOARD OF BillLDING
COMMISSIONERS' ACTION
Gerald F. Mattingly
Elizabeth Gregg Hough
13432 Diamond Head Drive
Tustin, CA 92680-4737
~TION: 100 W. Hospitality Lane
ernardino, CA 92408
(. ~ SESSORS NO: 141-412-38
,,'-" ORDER NO.: 3887 .
,\" CASE NO: B196-0007
OFFICER: J. Masters
November 13, 1996
Pursuant to action of the Board of Building Commissioners' taken on November 7. 1996, in
regards to the property located at 100 W, Hosnitalitv Lane. Attached hereto is a copy of the
Board of Building Commissioners' Order, which states the fmdings of the Board and any
required corrective actions.
As owner and all vested parties of record you were notified in your previous Notice of Hearing
that the Board's fmdings may be appealed to the Mayor and Common Council within fifteen (15)
days of the date of this notice. This appeal must be filed with the City Clerk's office, 300 North
"D" Street, 2nd Floor, San Bernardino, CA 92418. A fee of $75.00 must accompany your
request. The written appeal should include:
(a) Property location, parcel number, order number, and case number;
(b) Specific grounds for appeal; and
(c) The relief or action sought from the Mayor and Common Council.
If you have any questions regarding this appeal process, please contact the City Clerk's office
at (909) 384-5002.
cc: City Clerk
City Attorney
Interest Holder(s)
By:
30'0 NORTH 'd. STREET, SAN BERNARDINO.
CALI FOR N I A 92" t 8.0001 c.al. '....5a71/sD57.FAX CIOI) 3.4.50.0
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ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
ORDER NO. 3887
CASE NO. BI96-0007
4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
5 15, Chapter 15.04, 15.24 and 15.28, the Building Official has
6 posted a property located at 100 W. HosDita1itv Lane. San
7 Bernardino, California, with a "Notice and Order" and has notified
8 the person having an interest in said property that the said
9 building or premises is in violation of San Bernardino Municipal
10 Code (SBMC) and constitutes a public nuisance;
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WHEREAS, pursuant to San Bernardino Municipal Code, the
12 Building Official has served a "Notice of Hearing" before the
13 Board of Building Commissioners of the City of San Bernardino,
14 relating to abatement proceeding, to the person having an interest
15 in the above property, and has prepared a declaration of mailing
16 of the notice, a copy of which is on file in these proceedings;
17
WHEREAS, a hearing was held to receive and consider all
18 relevant evidence, objections or protests on November 7. 1996;
19 and,
20 WHEREAS, there was not an appearance by any person(s) having
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an interest in the above property.
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1 - FINDINGS:
Based upon the evidence submitted, the Board finds that the
violations noted in the Notice of Hearing do in fact exist on the
property located at 100 W. HosDita1itv Lane, San Bernardino,
California, and is being maintained and occupied in violation of
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3887 CASE NO. BI96-0007
PAGE 2 OF 3
the SBMC, and therefore constitutes a nuisance.
SECTION 2 - ORDER:
The
Board
Building
of
Commissioners
adopted
staff's
recommendations.
That the owner shall obtain a Special
Investigation within 10 days from the date of this order, submit
plans for approval within 30 days from the date of this order, and
obtain permits for the unpermitted construction within 90 days
from the date of this order, or if the owner elects not to obtain
the required permits, he shall remove the unpermitted construction
within 30 days from the date of this order.
SECTION 3 - AUTHORIZATION TO ABATE:
If the owner fails to comply with the Board's order within the
time frame specified, the City may initiate action and abate the
nuisance.
SECTION 4 - CONFIRMATION OF INCURRED COSTS:
Due to the owner's failure to comply within the time frame
specified in the original Notice and Order, the owner shall incur
all current costs of abatement in the amount of $325.41 in the
form of a lien or personal obligation, which if not paid, shall be
recorded with the County Tax Assessor as a special assessment on
the property.
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3887 CASE NO. BI96-0007
PAGE 3 OF 3
SECTION 5 - RIGHT TO APPEAL:
Any person aggrieved by this order, may appeal to the, Mayor and
Common Council by filing a written statement with the City Clerk.
The statement must include the order number appealed, the specific
grounds of the appeal, and the relief or action sought.
This
written appeal must be received within fifteen (15) days from the
date of this order dated November 21. 1996.
SECTION 6 - EXTENSION:
Upon receipt of an application from the person required to conform
to the order and by agreement of such person to comply with the
order if allowed additional time, the supervising Building
Official may grant an extension of time, not to exceed an
additional 120 days, within which to complete said repair,
rehabilitation or demolition, if the supervising Building Official
determines that such an extension of time will not create or
perpetuate a situation imminently dangerous to life or property.
The supervising Building Official's authority to extend time is
limited to the physical repair, rehabilitation or demolition of
the premises and will not in any way affect or extend the time to
appeal the Notice and Order.
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3887
CASE NO. BI96-0007
I HEREBY CERTIFY that the foregoing order was duly
adopted by the Board of Building Commissioners of the City of San
Bernardino at a regular meeting thereof, held on the 7th day of
November. 1996, by the following vote to wit:
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso X
Carol Thrasher .x
Amado Savala .x
Larry R. Quiel X
"Joe" v. C. Suarez, Jr. X
Ruben B. Nunez X
Herbert Pollock X
Benjamin Gonzales X
Leo Cash, Jr. .L
of Building Commissioners
The foregoing order is hereby approved this 7th day of November,
1996.
C
Approved as to form and legal content:
JAMES
BY:
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fD)[g@[gO\Y7[g~
Ul) NOY 0 6 1996 l!lj
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LAW OFFICES OF
ROGER JON DIAMOND
CITY OF SAN BERNARDINO
DEPARTMENT OF PLANNING &
BUILDING SERVICES
2115 MAl N STREET
SANTA MONICA, CALIFORNIA 90405-2215
TELEPHONE (310) 399-32!59
FAX 13101 452-2031
(3101 392-9029
October 31, 1996
Mr. J. Masters, Inspector
Department of Planning & Building Services
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418-0001
Re: Notice of Hearina for Hosoitalitv Lane
Dear Mr. Masters:
I have your Notice of Hearing regarding an allegation
that permits were not obtained to open up a room and to
build a canopy.
Please let me know whether the obtaining of the permit is
all that is necessary to cure this matter or whether
there still must be a hearing.
I believe that Mr. Welty would be willing to obtain the
required permits and to pay the $325.41 costs to resolve
this matter without a hearing.
Please let me know whether this is agreeable with you.
Sincerely,
(?~~ ~b(~~J
ROGER JON DIAMOND
RJD: jb
cc: R. Welty
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rD)~(Q; ~O\YJ~rt)\
lJil NOV 06 1996 \0
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LAW OFFICES OF
ROGER ..JON DIAMOND
CITY OF SAN BERNARDINO
DEPARTMENT OF PlANNING &
BUILDING SERVICES
2115 MAIN STREET
SANTA MONICA, CALIFORNIA 90405-2215
TELEPHONE 1310J 399-3259
FAX (3101 452-2031
(310) 392-9029
October 31, 1996
Mr. J. Masters, Inspector
Department of Planning & Building Services
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418-0001
Re: 100 Hosoitalitv Lane
Dear Mr. Masters:
I have a copy of your Notice of Hearing purporting to set
the hearing on this matter for November 7, 1996 at 9 A.M.
before the Board of Building Commissioners in San
Bernardino.
I respectfully object to your notice.
Costs is not complete.
The Statement of
Moreover, there is currently pending
Court a related matter involving the
Bernardino. The City is represented
Attorney Huston Carlyle.
before the Superior
City of San
by Assistant City
We tentatively have the matter set for Friday, November
15, 1996 at 1:30 P.M. in Department D of the Superior
Court in San Bernardino. We are trying to get the matter
advanced to Friday, November 8, 1996 at 1:30 P.M. because
I have a federal court conflict on November 15.
I note the hearing that you have set is for Thursday,
November 7 at 9 A.M.. Perhaps we could have your matter
set for Friday, November 8 in the afternoon after the
court appearance in the Superior Court.
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Oct. 31, 1996
letter cont'd.
In the alternative, if Mr. Carlyle is agreeable and if it
is agreeable with Judge Carl Davis in Department D
perhaps we could have both the Planning and Building
Services hearing and the Superior Court matter on the
same day November 7. If the Superior Court agrees then
we could attend your matter first at 9 A.M. and then go
right to the Superior Court to Judge Daivs' court. By
copy of this letter to attorney Huston Carlyle I am
respectfully requesting that he determine whether or not
that Judge Davis is available on November 7.
Thank you.
Sincerely,
g~ D~?'-,J
RJD:jb
cc: H. Carlyle, Asst. City Atty.
Randy Welty
Gerald F. Mattingly
13432 Diamond Head Drive
Tustin, CA 92680-4737
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CITY OF
San Bernardino
DEPARTMENT OF PLANNING AND BUILDING SERVICES
October 28, 1996
Notice of Hearing
(Final Notice)
Property Owner:
Gerald F. Mattingly
Elizabeth Gregg Hough
13432 Diamond Head Drive
Tustin, CA 92680-4737
Subject Property: 100 W. Hospitality Lane
San Bernardino, CA
Assessor's Parcel No.: 141-412-38
Case No.: B196-0007 Inspector: J. Masters
Dear Property Owner/Interest Holder:
THIS NOTICE is hereby served to you as owner or interest holder of the above referenced
property. An abatement hearing in regards to outstanding violations of the San Bernardino
Municipal Code located upon the above referenced property has been scheduled for
THURSDAY. NOVEl\-mER 7. 1996 AT 9:00 A.M. before the Board of Building
Commissioners, at 300 North "D" Street, City Council Chambers, San Bernardino,
California, 92418. Evidence will be presented by staff at this hearing pertinent to the
outstanding violations and the costs of abatement incurred by the City. You may be, but need
not be, represented by legal counsel. You may present any relevant evidence or have witnesses
testify at this hearing to challenge the abatement.
Based on the property owner's failure to correct the violations, a "Notice of PendencylNotice
of Substandard or Dangerous Building" is being Filed with the County Recorder to give public
notice of the action taken by the City. A processing fee is automatically assessed at the time of
recordation.
The direct costs incurred by the City for this abatement action are attached for your review. If
the abatement action and costs are upheld by the Board of Building Commissioners, the City will
place an assessment lien on the above referenced property for all costs incurred. To avoid the
placement of the lien, the incurred costs must be paid to the City Clerk's Office at 300 North
"D" Street, Second Floor, San Bernardino, California, 92418, \vithin 15 days from the date
of the Board of Building Commissioners ruling.
JOO :-4CRTH D" STREET, SAN BERNAROINO. " ..
C A L I FOR N I A 924 I 3 . 000 I I' 0 I) 3' 4.5071/5057. FAX (i 0 i) 3 a... 5 0 a 0
OF
Notice of Hearing - If W. Hospitality Lane
October 28, 1996
Page 2 of 2
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If you disagree with the decision of the Board, you may appeal your case before the Mayor and
Common Council. Your appeal must be submitted in writing to the City Clerk within 15 days
of the Board's ruling. A fee of $75.00 must accompany your appeal. Your written appeal must
include the case number, property location, the specific items appealed and grounds the~efore,
and the relief or action sought from the Mayor and Common Council. 0 0
OUTSTANDING VIOLATIONS
On March 7. 1996 the property owner of record was notified that violations of the San
Bernardino Municipal Code exists on the property. The owner was requested to correct the
violations within a specified time period. On ADriI 17. 1996 a subsequent inspection revealed
that the requested corrections were not completed. The outstanding violations include the
following:
1. Construction Without Required Permits or Inspections. 0
[SBMC 15.04.020, UAC 301 (a) and 305]
A. The 2,747 square foot room on the east side of the structure has ben converted
into usable space without the required building permits/inspections.
B. A covered canopy has been constructed on the north end of the structure without
required building permits/inspections.
A Special Investigation must be obtained and completed prior to submitting an application
for a building permit for an unpermitted structure. A Special Investigation can be
obtained by submitting an application and the appropriate fee at the Planning and
Building Services Department counter on the 3rd Floor of City Hall, located at 300 North
"D" Street.
By acting immediately to correct these violations prior to the hearing date, the imposition of
incurred costs, a lien, or further abatement actions by the City may be avoided.
If you should have any questions regarding this notice, please contact the undersigned inspector
by telephone at (909) 384-5071.
Inspector
Attachment: Statement of Costs
cc: City Clerk
G. Lee, Account Clerk
file
JM:das
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Statement of Costs
(Rental Housing)
Case Number:
Subject Property:
Parcel Number:
BI96-0007 Date:
100 W. Hospitality Lane, San Bernardino, CA
141-412-38
October 28, 1996
. ,
The undersigned respectfully submits the following statement of costs incurred by the City of
San Bernardino as a result enforcement actions necessary to abate violations located at the above
referenced property.
DIRECT COSTS
Inspector's Costs (FBR):
City Clerk Costs
Attorney Costs
Photographs
Title Search
Certified Mailing
Notice of Pendency
Hearing Cost
$ 45.16
$ 30.00
$ 40.00"
$ 2.00
$ 25.00
$ 8.25
$ 125.00
$ 50.00
SUBTOTAL
$ 325.41
Contractor:
40% Administrative Costs
CONTRACTOR COSTS
$ -------
$ -------
SUBTOTAL
$ -------
Previous costs incurred: Contact City Clerk for
previous fees incurred
$ -------
Abatement Date:
TOTAL AMOUNT DUE
-------
-------
$ 325.41
All costs not immediately paid will be recorded with the County Tax Assessors Office as a lien
upon the property, at which time additional processing fees plus interest will be assessed.
If you have any questions or need clarification of this statement of costs, please contact the City
Clerk's Lien Coordinator at (909) 384-5002 with the case number and property address.
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NO*l'IGE OPVIOLA,.ION
,
City of Sa." Samordino.
~_t of Plonnin. ond Building Sarvice_
300 N. -0- St.. San Bernardino, California 92418-0001
19091384-5071 . FAX 19091 384-5463
Property Location: 100 West Hospitality Lane Date: 4/17/96
Owner: Gerald Mattinqly
Address: 13432 Diamond Head Drive
City: Tustin State: CA Zip Code: 92680
You are hereby notifiedthatthe following violations of the San Bernardino Municipal Code existon the above referenced
property: 15.04.020 UBC. 106.1 Permits Required. Specifically, The.2,747 Square Foot
Room On The East Side Of The Structure Has Been Converted Into Usable Space
, ~
Wlthout The Required Permits. Additionally, A Covered Canopy Has Been
Constructed On The North End Of The Structure Without The Required Permit.
n Permits Required (UAC 301a)
U Special investigation and fee required (UAC 304 (e))
U Plans Required
o Other
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The above listed violatio~s must be corrected within .---1l"..,,~."P. n-oti~ ;~;'~~dersigned inspector when
the corrections have been completed. If you. have any Questions. please call this Department. Thank you. your
cooperation is appreciated. -
Inspector'sName :>Jack Masters
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/Ph~ne 384-5071
Signature
Legal NotiCes: ".,: 'f'
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If y~u otp!1ct r.; the determination concerning t~is n~tice, you m.ust file B wriJ.en7ApPEAL with.-rh;'City Clerk within 10 days from the date of this
not'~~,l ~.r .
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Compliance with this notice. betOn/, on, or sher the above compliance date doe;' not prevent prosecution by the City Attorney's Office on any
of the above viol.t;Qniofthe San Bernardino Municipal Code. .,,-r
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Violations B,e punishable by B Fine of up to $500 Bndloiim~sonment in t~*! county jail for B e!!:f'l!;' ~p to six (6) months.
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City of San Bernardino
Depertment of Planning and Building Services
300 N. "0" St.. San Bernardino, California 92418-0001
19091384-5071 . FAX (9091384-5463
Property Location: / CO It6 ;-k.:>,P;-f/l! 1./
Owner: (l~/l."L.;) /-rJA7T/l-'t,{/
Address:" /3 f"3cfl 7:J/"d/r/c! /) lie",,;)
City: 7!M~:J
.-(.~,uE
Date:
(3- 7- ?
::D.e
State:
Cd
Zip Code:
<7-Z62Z
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Permits Required (UAC 301a)
Special investigation and fee required (UAC 304 d)
Plans Reql,lired
Other
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The above listed violations must be corrected within / b\ days. Please not the undersigned inspeCtor when
the corrections have been completed. If you have any questions, please call . is Department. Thank you. your
cooperation is appreciated. /1 ~ \ ~:
Inspector's Name "-.u.L ..,~ .- Signature t/'~r'-,~$ . Phon(:z~r)Jj'l1-5'371
Legal Noti 85:
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If you object to the determination concerning this notice. y6'u must file a written APPEAL with the City Clerk within 10 days from the date oHhis
notice.
Failure to correct the listed violations may result in the Cify placing a NOTICE OF PENDENCY upon this property until such time as the violations
are corrected, or may result in other legal action as appropriate. -
Compliance vyith this notice, befo.re, on, or after the above compliance date does noiprevent prosecution by the City Attorney's Office on any
o/the above'violations o/the San Bernardino Municipaj.Code.
"'.' ~N ". " , . ""
Violadpns are punishable by a Fine,p~IJP.!..'!.J500 lindlor imprisonment in the county f;.{1 /0' a period 0/ up to six {6J months.,
Dlstributlon:_ WHITE - Mell to owner CANARY - lnapector PlNK.flle HARDCOpy. Post
PLAN-13.04 17-941
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C I T Y 0 F-
San Bernardino
RACHEL
C L ARK
C I T Y C L E R K
December 12. 1996
Law Office of Walter Tribbey
2061 Wright Ave., Suite A-3
La Verne, CA 91750
Re: 100 W. Hospitality Lane - Parcel No. 0141-412-38 - Case No. BI96-0007
We are in receipt of your Notice of Appeal to the Mayor and Common Council of the action
taken by the Board of Building Commissioners on November 7, 1996 concerning the above-
referenced property.
The appeal is scheduled to be heard on Monday, January 13, 1997, at 10:00 a.m., in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418.
If you have any questions related to your appeal, please feel free to contact Rental Housing
Division at (909) 384-5543.
Sincerely,
Rachel Clark
City Clerk
cc: City Attorney
Rental Housing Division
Administrator's Office
VSandra Medina, AOS, City Clerk's Office
File
P. O. BOX 1318, SAN BERNARDINO, CA i2402
300 NORTH '0' STREET, SAN BERNARDINO.
CALIFORNIA 92418-0001 (iOI)384-5002
(101)384-5102 FAX.(991)384-5158
TDDfTTY _4101)384_5540
,
LAW OFFICE OF
WALTER TRIBBEY
2061 Wright Ave. Su~e A-3
La Verne, California 91750
Walter Tribbey
November 27, 1996
VIA CERTIFIED MAIL
P 133 458 507
Mayor and Common Council
City of San Bernardino
c/o city Clerk of the city of San Bernardino
300 No. D st.
San Bernardino, CA 92418-0001
Re: Order No. 3887 Case No. BI96-0007
Assessors No.: 141-412-38
Dear Clerk:
RECEIVED-C/T'( CLERI<
'96 DEe -5 AlD :56
Telephone: (909) 392-5611
Facsimile: (909) 392-5610
This office represents Manta Management, Inc., the lessor of
the property located at 100 W. Hospitality Lane, San Bernardino,
CA. Attached is a copy of Order No. 3887.
The lessor hereby appeals the above order on the grounds that
it was given no "Notice of Hearing" of the alleged hearing
conducted on November 7, 1996, and was therefore unable to appear
and protects its interest in the matter. The Ci ty of San
Bernardino was well aware of the identity of the lessor. Further,
the property is not being maintained and occupied in violation of
the SBMC, and is not a nuisance. Manta Management seeks an
opportunity to cure any complaint the Building Commissioners have
with respect to this property.
Please notify me of the date set for the hearing on this
appeal.
CITY OF SAN BERNARDINO
MISCEllANEOUS CASH RECEIPT
Date \ ~ \\ 19~
~ \ ~
Received From ~ \ ~ ~
~~~:~~~~
The Sum of '\ S Dollars ()O
'0' ""'~. ~":~~
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Cents
Department
By
693676
No.
ACCOUNT NO.
12/11/%
Batch: 13756
Trans. cOde: SF
stub
TOTAL
DISTRIBUTION, White - Customer: Canary - Cashier: Pink - Department; Goldenro - Dept. Numeric Control
AMOUNT
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11:48:07 All
~ S GI)
IAWOFFICE OF
WALTER TRIBBEY
2061 Wright Ave. Su~e A-3
La Verne, California 91750
IlECEIVED--C/TY CLER~
~IIC 11 All:()4
Telephone: (909) 392-5611
Facsimile: (909) 392-5610
Walter Tribbey
December 9, 1996
city Clerk of the
City of San Bernardino
300 No. D Street
San Bernardino, CA 92418-0001
ATTN: JOSIE
Re: Location: 100 W. Hospitality Lane
San Bernardino, CA 92408
Order No. 3887
Case No. BI96-0007
Assessors No. 141-412-38
Dear Josie:
Per your conversation with my secretary, enclosed is the required
appeal fee in the amount of $75.00.
7}~
Walter Trib~ ~
Enclosure