HomeMy WebLinkAbout19-Code Enforcement
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bill Skiles, Code Enf. Manager
Subject: Appeal of BBC Order No. 3829 Regarding
Property Located at 736 N. G Street.
Dept: Code Enforcement Division
ORIGINAL
Date: November 21, 1996
Mrr nA~.
nPi'"pmhpr" 1001\
.
Synopsis of Previous Council Action: None
Recommended Motion: That the Mayor and Common Council uphold Order No. 3829 of the Board of Building
Commissioners and deny the appeal.
ADIHN. OFFICE:;
2\ NOV 96 .2..! (J <;
~
Signature
Contact person:
Bill Skiles
Phone:
3643
Supporting data attached: Staff Re.port
Ward: 1st
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Acet. Description)
Finance:
Council Notes:
Agenda Item No. /9
IJ./ ~.J9'
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
BACKGROUND
The property consists of two contiguous parcels (see parcels 140-263-14 and 15 on Attachment
G). The front parcel (No. 14) has two legal structures, a single-family dwelling in front and an
apartment over a garage in the rear. Alterations have been made to these two structures without
required permits or inspections. The single-family dwelling has been converted to two units,
and the garage (and additions thereto) have been converted to two units for a total of 5 units,
3 of which are unpermitted. The rear parcel (No. 15) consists of one single-family dwelling.
July 22, 1996 An inspection of the subject property was conducted in conjunction with
the Rental Housing Inspection Program.
August IS, 1996 A separate Notice and Order was issued for each structure citing numerous
violations of the City's Housing, Building, and Property Maintenance
Codes.
September 4, 1996 A re-inspection was accomplished and it was noted that most of the
violations had not been corrected.
September 17, 1996 A Notice of Hearing for all three structures was issued to the owner.
October 3, 1996 A hearing was held before the Board of Building Commissioners. The
Board issued Order No. 3829 (Attachment B) which requires correction
of the violations within specified time limits and confirmed the incurred
costs of abatement.
October 29, 1996 The Owners, Humberto and Katherine Gonzalez, submitted a Notice of
Appeal (Attachment A) appealing the Board's action. In addition, the
owner has commenced work on some of the necessary repairs.
APPELLANT'S STATED GROUNDS OF APPEAL
1. That the inspector failed to give notice to either the tenants or the owners before
attempting to force entry into one of the units.
2. That the inspector, after attempting to force entry into one of the units again without
notice, obtained a warrant for inspection of the properties without notice to the tenants
or owners.
3. That the inspector, after completing inspections, posted and sent approximately 3 Notices
different from each other.
4. That the inspector failed to clarify the different Notices.
5. That the inspector did not respond to a certified letter requesting a 90 day extension.
That the inspector failed to respond, but did allow a 30 day extension over the phone.
That the inspector issued a Notice of Hearing before the 30 day extension expired.
ACTION SOUGHT BY APPELLANT FROM THE MAYOR AND COMMON COUNCIL
NOT SPECIFIED
ANALYSIS
Responses to Grounds for Appeal, items I through 5 above:
1. The inspector followed proper procedures in seeking access for inspection. Based on
observations by the inspector of violations on the exterior of the property, he had a
reasonable belief that violations existed on the interior of the units. In such cases it is
necessary for the inspector to knock and request entry from the occupant in control of
the unit. This is the action the inspector took, and entry was refused by the tenant. At
no time did the inspector attempt to "force" entry as claimed.
2. When entry for inspection purposes is refused it is necessary and appropriate to obtain
an Inspection Warrant, as occurred in this case. A copy of the warrant is mailed to the
owner, and a copy is posted on the property at least 24 hours prior to execution of the
warrant. In addition, the inspector made attempts to contact the owners by telephone,
and was able to talk with Maria Luis Gonzalez, a family member prior to the execution
of the inspection warrant. Also, Luis Gonzalez (believed to be the brother of the owner)
and other family members were present at the time of the inspection.
3. Because of the extent and nature of the violations, the inspector sent three separate
notices, one for each structure, in an attempt to avoid confusion. They are identified by
the wording "Front House", "Middle Structure". and "Rear House" following the first
paragraph of each notice. (See Attachments D, E. and F).
4. The applicability of the three notices was explained to the owner during several
conversations. In addition, the three notices were combined into one notice, Le. the
Notice of Hearing (Attachment C).
5. The inspector responded to the owner's written request by contacting his representative
by telephone. The inspector discussed an extension of time and stated that one could be
considered if progress were made, but did not grant an extension. Upon reinspecting the
property he determined that substantial progress had not been made, and therefore
elected to set the matter for hearing.
In conclusion, we fmd that the necessary legal notices were given to the owner. In addition, the
owner's representative, Luis Gonzalez, was present at the Board of Building Commissioners
Hearing and addressed the Board.
STAFF RECOMMENDATIONS
That the Mayor and Common Council uphold Order No. 3829 of the Board of Building
Commissioners and deny the appeal.
ATTACHMENTS:
A: Notice of Appeal rec'd Oct. 29, 1996
B: BBC Order No. 3829
C: Notice of Hearing dated Sept. 17, 1996
D: Notice and Order dated August 15, 1996 (Front House)
E: Notice and Order dated August 15, 1996 (Middle Structure)
F: Notice and Order dated August 15, 1996 (Rear House)
G: Parcel Map
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Date/Time Stamp:
~CElVED~1TY ClERf\'
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-- FOR OFFICE USE ONLY'
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Receiving
Date of Distribution:
Last Updated: 3/26/96
Payment Information:
ACcount 001-000-4303
CITY OF SAN BERNARDINO - NOTICE OF APPEAL
IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council
appeals must be filed in the City Clerk's Office accompanied by the appropriate fee.
Appellant Name
& Address:
ComDlete All Information
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Contact Person
& Address:
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Contact Person Phone
Number: Day: (,'1"01} 'ilf7- <iE'-IO
Affected Property
Address & APN # I 'I () - ? r.: 3 _ I '( I, r
Evening: '>0.=....
Tvne of ADneal - Checlr One:
Appeal to the Mayor & Common Council:
(* Adjusted Annually)
- Planning COmmission ($122.00 *)
X Building Abatement ($75.00)
- Weed Abatement ($75.00)
- Vehicle Abatement ($75.00)
,
Appeals to' Other Legislative Bodies:
- BOard of Building COmmissioners (No Charge)
- Police COmmission (No Charge)
- Access Appeals Board (No Charge)
- Other/Explain: (No Charl!'e)
(continue next page)
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Page 2 of 4,
MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64):
..specific action, appealed, and date of that action:
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2. The specific grounds of appeal:
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3. The actions(s) sought from the legislative body:
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4. Any additional information:
Signa~ of A~llant:
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Page 3 of 4
.
Humberto Gonzalez
Katherine Gonzalez
2160 48th Court
San Bernardino Ca 92407
RECEIVED-Cln ClERi<
Subject Property: 736 North G st.
San Bernardino Ca
'96 lilT 29 "":OS
APN # 140-263-14/15
NOTICE OF APPEAL
Owners in interest herein appeal the order # 3829 on case
# RH 96-0195 on the following grounds;
First Ground: That San Bernardino City official or
Inspector named Geoffrey R west failed to give notice before
attempting to force entry into one of the units to either the
tenants or the owners ( landlords).
\
Second Ground: That San Bernardino City official or
Inspector named Geoffrey R west after attempting to force the
entry into one of the units without notice again, obtained
a warrant for inspection of the properties without notice to
either tenants or owners ( landlords)
Third ground: That San Bernardino City official or
Inspector named Geoffrey R West after inspections done, posted
and sent approximately 3 " notices of order" different from
each other.
Fourth ground: That San Bernardino City official or
Inspector Geoffrey R West failed to clarify the different
" notices of orders" posted and or sent.
Fifth ground: That San Bernardino City official or
PAGE 1 0;: -}..'f
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Page 4 of 4
inspector Geoffrey R West received a certified letter sent
by owners where it stated that work had been done and asked
for 90 day extension , but inspector failed to respond to
but did allowed 30 days extension verbally over the phone'
but before even the 30 days was due, inspector issued a notice
of hearing before the Board of Buildings Commissioners.
A Building permit had been obtained pursuant to one of the
different notices sent on August 15, 1996. See Exhibit D
and incorporate exhibits A-C and letter sent on September
28, 1996 to this appeal.
Therefore, owners herein appeal on the above grounds to
the order # 3829 Case # RH 96-0195 Sections 1-4 and owners
contend that they have obtained permits See exhibit C and
have complied with one of the "notice of order" even though
due process has been violated and harassment has occurred
by the inconsistent" notices of orders".
Sincerely
. )
~....~./
, ~er, appellant
PAGE 2
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CITY OF
San Bernardino
"
DEPARTMENT OF PLANNING AND BUILDING SERVICES
NOTIFICATION OF BOARD OF BUILDING
COMMISSIONERS' ACTION
Humberto & Katherine Gonzales
2160 W. 48th Court
San Bernardino, CA 92407
LOCATION: 736 N. "G" Street
~BernardinO;' CA 92410
ro ESSORS NO: 140-263-14/15
(\~ ER NO.: 3829
\.\ ~ \) CASE NO: RH96-0195,
\'" ~ OFFICER: G. West
October 14, 1996
Pursuant to action of the Board of Building Commissioners' taken on October 4. 1996, in
regards to the property located at 736 N. "G" Street. 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 findings 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 an}; q stions regarding this appeal process, please contact the City Clerk's office
at (909) 384-
cc:
City Clerk
City Attorney
Interest Holder(s)
By:
GW: jj
300 NORTH 0 STREET, SAN BERNARDINO.
CALI FOR N I A 9 2 4 t 8.000 t (90g) 384.S07'fS057.FAX (909) 384.5080
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Page 2 of
ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
ORDER NO. 3829
CASE NO. RH96-0195
'.
WHEREAS, pursuant to the San Bernardino Municipal Code, Title
J.5, Chapter J.5. 04, J.5. 24 and J.5. 28, the Building Official has
posted a property located at 736 N. "Gn Street. San Bernardino,
California, with a "Notice and Order" and has notified the person
having an interest in said property that the said building or
premises is in violation of San Bernardino Municipal Code (SBMC)
and constitutes a public nuisance.
WHEREAS, pursuant to San Bernardino Munidipal 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 October 3, 1996; and,
WHEREAS, there was an appearance by Luis Gonzales, brother of
the property owner, as having an interest in the above property.
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Page 3 of
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3829 CASE NO. RH96-0195
PAGE 2 OF 4
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 736 N. "G" Street, San Bernardino, California,
and that the property is being maintained and occupied in
violation of the SBMC, and therefore constitutes a nuisance;
SECTION 2 - ORDER:
The
Board
Building
staff's
Commissioners
of
amended
recommendations.
That the owner shall obtain a Special
Investigation of the unpermitted construction within 10 days from
the date of this order, submit plans for the unpermitted
construction within 30 days from the date of this order, obtain
all necessary permits within 60 days from the date of this order,
and complete all work requiring permits within 180 days from the
date of this order, or shall remove the unpermitted construction
within 30 days from the date of this order; or that the owner
shall notify (within 10 days from the date of this order) all
tenants of occupied, unpermitted rental units to be vacated within
30 days from the date of this order, and with legal due process in
regards to eviction procedures. If the Planning Department will
not allow the illegal and unpermitted units to become permitted
due to unit size, lot size, density requirements, or other
necessary requirements or restrictions, the owner may follow the
Planning Department recommendations, or the owner shall remove the
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Page 4 of
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3829 CASE NO. RH96-0195
PAGE 3 OF 4
unpermitted construction within 30 days from the "~ate.. of this
order, or upon legal eviction of occupied units, return the"
structures on the property to their originally permitted condition
with permits and inspections.
SECTION 3 - AUTHORIZATION TO ABATE:
If the owner fails to comply with the Board's order within the
time specified,. the City may initiate." action and abate the
nuisance including removal of unpermitted construction; and
SECTION 4 - CONFIRMATION OP INCURRED COSTS:
Due to the owner's failure to comply within the time frame
specified in the original Notice of Order, the owner shall incur
all current costs of abatement in the amount of $1.035.53 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.
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 notice dated October 15. 1996.
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Page 5 of
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3829 CASE NO. RH96-0195
PAGE 4 OF 4
SECTION 6 - EXTENSION:
"
Upon rece1pt 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. 3829
CASE NO. RH96-0195
"
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 3rd day of
October. 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
II Joe II V. C. Suarez, Jr. X
Ruben B. Nunez X
Herbert Pollock X
Benjamin Gonzales X
Leo Cash, Jr. X
Commissioners
The foregoing order is hereby approved this 3rd day of October,
1996.
Approved as to form and legal content:
JAMES
vm~~e,Y
BY:
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Page 1 of 9
CITY OF
San Bernardino
DEPARTMENT OF PLANNING AND BUILDING SERVICES
Notice of Hearing
(Final Notice)
September 17, 1996
Property Owner:
Humberto & Katherine Gonzales
2160 W. 48th Court
San Bernardino, CA 92407
Subject Property: 736 N. "G" Street
San Bernardino, CA
Assessor's Parcel No.: 140-263-14/15
Case No.: RH96-0195
Inspector: G. West
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. OCTOBER 3. 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 Pendency/Notice
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.
300 NORTH 0 STREET, SAN BERNARDINO,
C A L I FOR N I A 924 18- 0001 (901) 384-5071/50S7-FAX (909) 384-5080
.
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Page 2 of 9
Notice of Hearing - 736 N. "G" Street
September 17, 1996
Page 2 of 9
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 therefore,
and the relief or action sought from the Mayor and Common Council.
On AUlrnst 15. 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 Sentember 4. 1996 a subsequent inspection
revealed that the requested corrections were not completed. The outstanding violations include
the following:
OUTSTANDING VIOLATIONS
1. Lack of Required Landscaping and Unmaintained Landscaping. Landscape the
barren front and side yards with shrubs, groundcover, decorative rock, redwood bark,
and/or lawn. Maintain the landscaping by including a regular irrigation plan.
(SBMC 15.24.050 Al & AZ).
2. Weeds and Overgrown Vegetation. Maintain the landscaping with weed removal from
the planters, perimeter and cross fencing, and yard areas. Mow and edge the lawn on
a regular schedule. Prune all trees and shrubs in an orderly fashion. Remove the burnt
palm tree trunk at the front yard area. Trim the vines down to the top of the fence in
at the front alley fences of the middle structure. Prune the fence hedges down to 6' on
the fences bordering the alley. (SBMC 15.24.050 A3).
3. Accumulation of Trash and Debris in Yards. Remove the trash and debris from the
front porch area of the front dwelling and in the yard areas of the rear dwelling,
including all discarded interior home furnishing. Remove all the couches, chairs, boxes
and debris at the common yard areas. (SBMC 15.24.050 A4).
4. Vehicle(s) Parked on Unimproved Surface. All vehicles must be parked on asphalt
or concrete paving. Provide asphalt or concrete driveway parking area(s) on site if your
tenants are to continue parking on the property. Check with the Planning Department
on all questions regarding covered, uncovered parking and required parking surfaces.
(SBMC 15.24.050 A5).
5. Peeling, Cracking, or Weathered Paint. Paint the walls, eaves, rafters, window/door
frames, porches and patios of all structures. (SBMC 15.24.050 A7).
.
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Page 3 of 9
Notice of Hearing - 736 N. "G" Street
September 17, 1996
Page 3 of 9
6. Damaged Driveway, Sidewalks, Improved Surfaces, and Fences. Remove the wood
fence in the front yard that divides the single family residence into two units/yards.
Check with the Planning Department on all questions regarding approved fencing for
comer lots and approved materials, heights, and setbacks. (SBMC 15.24.050 A7 & A8).
7. General Dilapidation and Improper Maintenance.
[SBMC 15.04.020, UHC l00I(b)13]
A. Repair or replace the unstable stairway leading up to the unit above the converted
garage unit of the middle dwelling.
B. Remove the chain link fencing from the stairway/landing area of the unit above
the converted garage of the middle dwelling.
8*. Substandard and Hazardous Electrical Wiring. [SBMC 15.04.020, UHC l00l(e)].
All Dwelline:s/Structures
A. Contact SCE for service entrance cable upgrades for the units that will remain.
Have SCE spot panel locations for these units. Obtain necessary
permits/inspections and upgrade the complete electrical service subpanels, and
branch circuits of this illegally expanded electrically system.
Front Dwelline:
A. Trim the bougainvillea away from the service entrance cables at Unit 1. This
foliage is creating an electrical hazard.
B. The electrical system has an open ground due to the lack of an equipment
grounding conductor, required with grounded receptacle replacement. Obtain
permits/inspections and correct the open ground problem in accordance with the
1993 National Electrical Code Section 210-7.
C. Replace all the missing light fIxtures and light globes.
D. Remove all the unprotected wiring the from open (unprotected) junction boxes at
the ceilings and the walls.
E. Repair the substandard junction box under the kitchen sink by providing an
approved junction box cover.
.
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Page 4 of 9
Notice of Hearing - 736 N. "G" Street
September 17, 1996
Page 4 of 9
F. Remove all the temporary extension cords from the porch (damp location) which
are being used to permanently supply power to the refrigerator/freezer units
located on the porch/patio area.
G. Remove the hazardous electrical wiring from the palm tree. This includes the
broken EMT raceway, exposed conductors and broken fixtures.
Middle Structure
A. The electrical system has an open ground due to the lack of an equipment
grounding conductor, required with grounded receptacle replacement. Each
building served shall be provided with means (service panel or sub-panel) for
disconnecting (circuit breakers) all ungrounded conductors. This disconnecting
means (service panel or sub panel) shall be installed either inside or outside the
building at a readily accessible location nearest the point of entrance of the supply
conductors.
Rear Dwellinl!
A. Obtain permits/inspections and correct the substandard subpanels, branch circuits,
and broken exterior receptacle on the north or rear wall of this structure.
B. Electrical testing revealed an open ground in the system. Obtain permits and
correct this lack of equipment ground required by the 1993 National Electrical
Code Section 210-7 in an approved manner.
9.* Substandard and Hazardous Plumbing. [SBMC 15.04.020, UHC l00I(t)].
A. After contacting the Planning Department for allowable rental units to remain or
be removed, contact Southern California Gas Company to obtain advice on meter
sizes, locations, and necessary gas supply pipe sizes that the gas company will
require for a safe gas supply system for all remaining rental units.
B. The gas meter of the front dwelling is servicing 6 units on the property without
the required sizing of gas lines for demand and without permits/ inspections.
Upon removal or legal permitting of the unpermitted rental units' gas meters; gas
supply line sizing in accordance with 1994 Uniform Plumbing Code will be
required.
.
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Page 5 of 9
Notice of Hearing - 736 N. "G" Street
September 17, 1996
Page 5 of 9
C. Obtain permits and inspections and replace the worn out and leaking water heater
and install a protective cabinet around the new water heater of the rear dwelling.
This water heater is in hazardous and substandard condition.
10. * Substandard and Hazardous Mechanical Equipment.
[SBMC 15.04.020, UHC 1001(g)]
A. The roof-mounted FAU/CAC is not functioning and venting into an unpermitted
rental unit of the front dwelling. The registers in Unit 1 have been blocked in a
substandard and hazardous manner. Obtain permits/inspections and correct this
substandard and hazardous situation inunediately.
B. The wall heaters must be capable of maintaining a room temperature of 70
degrees fahrenheit at a point 3 feet above the floor in all habitable rooms of the
middle structure rental units. Obtain permits/inspections and repair/replace the
wall furnace.
11. * Faulty Weather Protection. The roof is starting to wear at the rear house. Obtain
permits/inspections and repair/replace as necessary to prevent faulty weather protection
and dilapidation. [SBMC 15.04.020, UHC 1001(h)].
12. Inadequate Fire-protection or Equipment. Provide exterior fire extinguishers (Type
2AlOBC) with common access within 75 feet of all units, or provide a 1A10BC fIre
extinguisher in each unit. [SBMC 15.04.020, UHC 1001(m) and 901; UFC 1002]
13. * Inadequate Emergency Egress From Sleeping Rooms. Security Bars on emergency
escape windows in bedrooms must be openable from the inside by means of approved
release mechanisms which do not require a key, or any special knowledge or effort to
operate (applies to one approved window per bedroom). Obtain approval from the Fire
Department for release mechanisms and obtain building permits and inspection.
(SBMC 15.04.020, UHC 801, and UBC 310.4).
14. Improper Occupancy. You have received a determination from the Planning
Department dated September 9, 1996, concerning the illegally constructed units. You
must comply with this Notice of Hearing, Staff Recommendations for the BBC
Background Report, and aforementioned Planning Department Memorandum from
Margaret Park. [SBMC 15.04.020, UHC 1001(n), UBC 104.2.5 and 3405].
.
.
Atch C
Page 6 of 9
Notice of Hearing - 736 N. "G" Street
September 17, 1996
Page 6 of 9
Front Dwellinl!
The single family residence of the front dwelling has been illegally divided into 2
dwellings (Unit #1 and #2) without Building Department permits and inspections or
Planning Department approvals and Certificates of Occupancy. Obtain guidance from
the Planning and Building Department on permissibility of using the structure as a
duplex.
Middle Structure
This garage with the dwelling unit above has been illegally converted into 2 dwelling
units, laundry room, and covered patios at the upper and lower levels. Obtain approval
from the Planning Department on permissibility of converting this garage/apartment into
3 units (2 downll up) with no garage.
A. If the Planning Department approves the conversion and additional units, a
Special Investigation will be necessary to ascertain the amount of unpermitted
construction that will necessarily be required to be brought up to code.
B. If the Planning Department denies the conversion, then all unpermitted
construction must be removed and the single family residence converted back to
its pre-converted status of one single family residence. The removal of all
unpermitted construction does not require permits unless items requiring permits
will be altered in restoring them to their pre-conversion status/condition.
Rear Dwellinl!
A. Occupancy is not an issue.
15. .. Construction Without Required Permits and Inspections.
[SBMC 15.04.020, UAC301(a) and 305].
Remove or legalize the following unpermitted construction with; Planning Department
approval and Building Department permits and inspection.
Front Dwellinl!
A. The single family residence has been illegally divided into 2 dwellings with
permits and inspections. Without proper approvals from the Planning; permits
and inspections from the Building Department, all illegal conversions must be
removed and the structure converted back to a single family residence.
.
.
Atch C
Page 7 of 9
Notice of Hearing - 736 N. "G" Street
September 17, 1996
Page 7 of 9
B. Interior walls have been opened or sealed shut to divide interior space.
C. Window openings have been altered to accommodate new aluminum windows,
including the addition, removal, or alteration of plaster/drywall and exterior wood
siding, headers, sills, cripples, and trimmers. Altered window sizes have caused
a blighted look to the exterior siding due to patchwork of building materials.
D. A kitchen has been added to Unit 1 without permits and inspections.
E. A wall heater has been added to Unit 1 without permits and inspections.
F. A front porch cover has been added to the entry of Unit 1 and is built up to the
property line abutting the alley. Porches, patios, etc., must meet required setback
requirements, permits, and inspections.
G. Plumbing fixtures, drain, vent, and supply lines have been added and altered
without permits and inspections.
H. The electrical system has been expanded/altered without permits and inspections.
Alterations include sub-panels, interior and exterior branch circuits, and extra
sub-panels to expand the electrical system to unpermitted rental units and
detached buildings.
I. Obtain permits and inspections and install the water heater in an approved manner
as prescribed by the Uniform Plumbing Code.
Middle Structure
A. The ground level garage has been converted to 2 dwelling units and a laundry unit
including 2 kitchens and 2 bathrooms, without permits and inspections.
B. A covered patio has been added to the west wall of the garage, without permits
and inspections.
C. The laundry room has been converted from garage space, without permits and
inspections.
D. The unit above the garage has had its' outside rear porch expanded over the
unpermitted structure below, without permits and inspections.
-~
I
.
.
Atch C
Page 8 of 9
Notice of Hearing - 736 N. "G" Street
September 17, 1996
Page 8 of 9
E. Plumbing fIxtures, drain, vent, and supply lines have been added/altered without
permits and inspections in all units of the structure.
F. The electrical system in all units have been altered without permits and
inspections .
G. Obtain permits and inspections and install the water heater in an approved manner
in accordance with the Uniform Plumbing Code.
H. Obtain permits/inspections for all eaves, starter board, sheathing, and roof
covering replacement done to this structure.
J. Obtain permits/inspections for the sheathing and roof covering installed over the
patio located between the front house and middle structure.
Rear Dwellinl!
A. All aluminum window replacements and wall alterations must be permitted and
inspected.
B. The 6' block, wrought iron, and chain link fencing at the alley/south property
area requires permits and 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 Department on the 3rd floor of City Hall, located at 300 N. "D" Street.
16. Lack of tbe Minimum Amounts of Required Natural Light and Ventilation. All
habitable rooms must have exterior glazed openings for natural light at least equal in area
to 10% of the floor area. The area of doors or windows required for ventilation must
be at least 5% of the floor area. [SBMC 15.04.020, UHC 1001(b)8, and 504].
17. Inoperable or Missing Smoke Detectors. Smoke detectors must be installed in hallways
which provide access to sleeping rooms and in all bedrooms.
(SBMC 15.04.020, UBC Appendix 3411).
18. Attractive Nuisance. Immediately remove the refrigerator/freezer units from the front
porch. These appliances are not approved for damp/wet locations and are an attractive
nuisance to children at play. (SBMC 15.28.010, UCADB 302.12 and 302.18).
.
.
Atch C
Page 9 of 9
Notice of Hearing - 736 N. "G" Street
September 17, 1996
Page 9 of 9
The items noted above which are preceded by an * require a building permit, which can be
obtained at the Planning and Building Services Department, 300 North D Street, 3rd Floor, San
Bernardino, CA.
.. . Proof of ownership and identification, or a contractor's license is required to obtain permits.
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.
any questions regarding this notice, please contact the undersigned inspector
(909) 384-5543.
BY:
Housin
j
Attachment: Statement of Costs
cc: City Clerk
G. Lee, Account Clerk
file
Luis Gonzales
2962 McAlister
Riverside, CA 92503
Humberto T. & Katherine J. Gonzales
736 N. "G" Street
San Bernardino, CA 92410
Jose S. Gonzales
2160 48th Court
San Bernardino, CA 92407
Preferred Financial Funding Inc.
935 So. Mt. Vernon, Ste 101
Colton, CA 92324
Luis T. & Maria Gonzales
2160 W. 48th Court
San Bernardino, CA 92407
Concepcion T. Gonzales
2962 Mc Allister Street
Riverside, CA 92503
Jean G. Hoffman
5402 Golondrina Drive
San Bernardino, CA 92404
File: 000747
Atch D
Page 1 of 5
CITY OF
San Bernardino
DEPARTMENT OF PLANNING AND BUILDING SERVices
A LBO U' G HEY. A I C P
DIRECTOR
Notice and Order
August 15, 1996
Humberto and Katherine Gonzales
2160 48th Court
San Bernardino, CA 92407
Subject Property: 736 N. "G" Street
APN: 140-263-14/15
Dear Property OwnerlInterest Holder:
An inspection of the above referenced property in accordance with the San Bernardino Municipal
Code, Section 15.25.040, was conducted on Julv 22. 1996 in conjunction with the City's Rental
Housing Inspection Program. You are hereby notified that the following violations of the San
Bernardino Municipal Code (SBMC) exist on this property. Due to the existence of these
violations, the Building Official has determined that the property/structure(s) are Substandard
pursuant to the Uniform Housing Code.
-1 Front House: (East End of Property - Fronts "G" St.)
1. Lack of Required Landsc3tJing am! UDnL3intained Landscapm.g. L:mdscape the
barren front and side yards with shrubs, groundcover, decorative rock, redwood bark,
and/or lawn. Maintain the landscaping by including a regular irrigation plan.
(SBMC 15.24.050 Al & A2).
2. Weeds and Overgrown Vegetation. Maintain the landscaping with weed removal from
the planters, perimeter and cross fencing, and yard areas. Mow and edge the lawn on
a regular schedule. Prune all trees and shrubs in an orderly fashion. Remove the burnt
palm tree trunk at the front yard area. (SBMC 15.24.050 A3).
3. Accumulation of Trash and Debris in Yards. Remove the trash and debris from the
front porch area. Provide sheds or other storage facilities to store the tenants belongings.
(SBMC 15.24.050 A4).
300 NORTH 0 STREET, SAN BERNARDINO.
CALIFORNIA 92418.0001 (101)384.5071'5057
EXHlBITJl.PLop,jj
Atch D
Page 2 of 5
Notice and Order - 736 N. "G" Street
August 15, 1996
Page 2 of 5
4. Vehicle(s) Parked on Unimproved Surface. All vehicles must be parked on asphalt
or concrete paving. Provide asphalt or concrete driveways and parking are.as on site if
your tenants are to continue parking on the property. (SBMC 15.24.050 AS).
5. Peeling, Cracking, or Weathered Paint. Paint the walls, eaves, rafters, windows,
doors, porches and patios of this structure. (SBMC 15.24.050.A7)
6. Damaged Driveway, Sidewalks, Improved Surfaces, and Fences. Remove the wood
fence in the front yard that divides the single family residence into two units/yards.
Check with the Planning Department on all questions regarding approved fencing for
comer lots and approved materials, heights, and setbacks. (SBMC 15.24.050 A7 & AS).
7*. Substandard and Hazardous Electrical Wiring. [SBMC 15.04.020, UHC lool(e)].
A. Trim the bougainvillea away from the service entrance cables at Unit 1. This
foilage is creating an electrical hazard.
B. The electrical system has an open ground due to the lack of an equipment
grounding conductor, required with grounded receptacle replacement. Obtain
permits/inspections and correct the open ground problem in accordance with the
1993 National Electrical Code Section 210-7.
C. Replace all the missing light ftxtures and light globes. Remove all the
unprotected wiring the from open (unprotected) junction boxes at the ceilings and
the walls.
D. Repair the substandard junction box under the kitchen sink by providing an
approved junction box cover.
E. Remove all the extension cords from the porch (damp location) which are being
used to supply power to the refrigerator/freezer units located on the porch/patio
area.
F. Remove the hazardous electrical wiring from the palm tree. This includes the
broken EMT raceway, exposed conductors and broken ftxtures.
8. * Substandard and Hazardous Plumbing. The gas meter is servicing 6 units on the
property without the required sizing of gas lines for demand and without permits/
inspections. Upon removal or legal permitting of the illegal rental units' gas meters; gas
supply line sizing in accordance with 1994 Uniform Plumbing Code will be required.
[SBMC 15.04.020, UHC loo1(f)].
EXHIBIT.ILP~OF~
Atch D
Page 3 of 5
Notice and Order - 736 N. "G" Street
August 15, 1996
Page 3 of 5
9. Substandard and Hazardous Mechanical Equipment. The roof-mounted FAU(CAC
is not functioning and venting into an unpermitted rental unit. The registers in Unit 1
have been blocked in a substandard and hazardous manner. Correct this substandard and
hazardous situation immediately. [SBMC 15.04.020, UHC l00l(g)].
10. Inadequate Fire-protection or Equipment; Provide exterior fire extinguishers (Type
2AI0BC) with common access within 75 feet of all units, or provide a lAI0BC fire
extinguisher in each unit. [SBMC 15.04.020, UHC l00l(m) and 901; UFC 1002].
11. Improper Occupancy. The single family residence has been illegally divided into 2
dwellings (Unit #1 and #2). Obtain guidance from the Planning and Building Department
on permissibility of splitting this possibly historical structure into a duplex.
[SBMC 15.04.020, UHC l00l(n), UBC 104.2.5 and 3405].
A. If the Planning Department approves the conversion and additional units, a
Special Investigation will be necessary to ascertain the amount of unpermitted
construction that will necessarily be required to be brought up to code.
B. If the Planning Department denies the conversion, then all unpermitted
construction must be removed and the single family residence converted back to
its pre-converted status of one single family residence. The removal of all
unpermitted construction does not require permits unless items requiring permits
will be altered in restoring them to their pre-conversion status/condition.
12. .. Construction Without Required Permits and Inspections.
[SBMC 15.04.020, UAC301(a) and 305].
Remove or legalize the following unpermitted construction with; Planning Department
approval and Building Department permits and inspection.
A. The single family residence has been illegally divided into 2 dwellings with
permits and inspections. Without proper approvals from the Planning; permits
and inspections from the Building Department, all illegal conversions must be
removed and the structure converted back to a single family residence.
B. Interior walls have been opened or sealed shut to divide interior space.
C. Window openings have been altered to accommodate new aluminum windows,
including the addition, removal, or alteration of plaster/drywall and exterior wood
siding, headers, sills, cripples, and trimmers. Altered window sizes have caused
a blighted look to the exterior siding due to patchwork of building materials.
EXHIBIT LP ...LOI' j.!J
Atch D
Page 4 of 5
Notice and Order - 736 N. "G" Street
August 15, 1996
Page 4 of 5
D. A kitchen has been added to Unit 1 without permits and inspections.
E. A wall heater has been added to Unit 1 without permits and inspections.
F. A front porch cover has been added to the entry of Unit 1 and is built up to the
property line abutting the alley. Porches, patios, etc., must meet required setback
requirements, permits, and inspections.
G. Plumbing fixtures, drain, vent, and supply lines have been added and altered
without permits and inspections.
H. The electrical system has been expanded/altered without permits and inspections.
Alterations include sub-panels, interior and exterior branch circuits, and extra
sub-panels to expand the electrical system to unpermitted rental units and
detached buildings. .
1. Obtain permits and inspections and install the water heater in an approved manner
as prescribed by the Uniform Plumbing Code.
13. Lack of the Minimum Amounts of Required Natural Light and Ventilation. All
habitable rooms must have exterior glazed openings for natural light at least equal in area
to 10% of the floor area. The area of doors or windows required for ventilation must
be at least 5% of the floor area. [SBMC 15.04.020, UHC lool(b)8, and 504].
14. Inoperable or Missing Smoke Detectors. Smoke detectors must be installed in hallways
which provide access to sleeping rooms and bedrooms.
(SBMC 15.04.020, UBC Appendix 3411).
15. Attractive Nuisance. Immediately remove the refrigerator/freezer units from the front
porch. These appliances are not approved for damp/wet locations and are an attractive
nuisance to children at play. (SBMC 15.28.010. UCADB 302.12 and 302.18).
The items noted above which are preceded by an * require a building permit, which can be
obtained at the Planning and Building Services Department, 300 North D Street, 3rd Floor, San
Bernardino, CA.
.. . Proof of ownership and identification, or a contractor's license is required to obtain permits.
EXHIBIT Jl-P ..A.-OF..L'l
Atch D
Page 5 of 5
Notice and Order - 736 N. "G" Street
August 15, 1996
Page 5 of 5
The above listed violations must be corrected by September 4. 1996. Failure to make the
necessary corrections will result in the City initiating abatement proceedings to. correct the
violations. If the City is forced to proceed with abatement proceedings, the owner of record
shall incur all City costs associated with the abatement. Such costs may include, but are not
necessarily limited to contractor costs, staff and atlmini~trative costs, mailing and photographic
costs, hearing costs, et cetera. Such costs become the personal obligation of the property owner,
and if not paid may result in a lien being placed against the property. In addition, a Notice of
Pendency will be recorded with the County Recorder's Office.
By acting immediately to correct the above listed violations, these costs may be avoided. If you
object to the determination of this notice regarding the listed violations, you may rde a written
appeal with the City Clerk within 30 days from the date of this notice. Such written appeal
should include 1) the specific action appealed, 2) the specific grounds for appeal, and 3) the
relief or action sought. Appeals will be heard by the Board of Building Commissioners at a
public hearing.
If you should have any questions regarding this notice, please contact the undersigned inspector
for assistance. We sincerely appreciate your efforts in helping us maintain a clean and safe
community .
Phone: (909) 384-5543
Office Hours: Mon-Thur 7:30 to 8:30 AM and 4:30 to 5:30 PM
Fridays 7:30 to 8:30 AM and 4:00 to 4:30 PM
(We are closed on alternate Fridays)
cc: Luis Gonzales
2962 McAlister
Riverside, CA 92503
File: 000690
EXHIBIT...o....P.:LOF..ll
.
C I T Y 0 F
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AATUENT OF PLANNING AND BUILDING SERVICES
NORTH 0 STREET, SAN BERNARDINO.
IFORNIA 92418-0001
} RENTAL HOUSING INSPECTION
~~ ~l~
Humberto & Katherine Gonzales
2160 48th Court
San Bernardino, CA 92407
8/15/96
EXHIBIT.Jl.P ~OF.l:i
'a'1.c..()"1-4E.~~ aQ,
11.1...,1,1,1.,111",1,"1,1.,1,11"1,,1,,11...11,.11,,.1,.1,I
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Atch E
Page 1 of 4
CITY.OF
San Bernardino
DEPARTMeNT OF PLANNING AND BUILDING SERVices
AL BOUGHEY,AICP
o IRE C TOR
Notice and Order
August 15, 1996
Humberto and Katherine Gonzales
2160 48th CoUrt
San Bernardino, CA 92407
Subject Property: 736 N. "G" Street
APN: 140-263-14/15
Dear Property Owner/Interest Holder:
An inspection of the above referenced property in accordance with the San Bernardino Municipal
Code, Section 15.25.040, was conducted on Julv 22. 1996 in conjunction with the City's Rental
Housing Inspection Program. You are hereby notified that the following violations of the San
Bernardino Municipal Code (SBMC) exist on this property. Due to the existence of these
violations, the Building Official has determined that the property/structure(s) are Substandard
pursuant to the Uniform Housing Code.
~ Middle Structure: Fronts Alley (converted garage structure)
1. Lack of Required Landscaping and Unmaintained Landscaping. Landscape the
common yard!; with shrubs, groundcover, decorative rock, redwood bark, anaior lawn.
Maintain the landscaping by including a regular irrigation plan.
(SBMC 15.24.050 Al & A2).
2. Weeds and Overgrown Vegetation. Prune all trees and shrubs in an orderly fashion,
including the vines at the alley fences, Trim the vines down to the top of the fence in
a professional rnauner. (SBMC 15.24,050 A3),
3. Accumulation of Trash and Debris in Yards. Remove all the couches, chairs, boxes,
and debris at the common yard areas. (SBMC 15.24.050 A4).
4. Peeling, Cracking, or Weathered Paint. Paint the walls, eaves. rafters, doors,
windows, patios, and porches of this structure. (SBMC 15,24,050 A7).
300 NORTH D STREET. SAN BERNARDINO.
CALIFORNIA 92418.0001 (101)384.507115057
EXHIBIT.JLP ..s...OF j,:J.
. Notice and Order - 736l'11. "G" Street
August 15, 1996 .
Page 2 of 4
Atch E
Page 2 of 4
5. General Dilapidation and Improper Maintenance.
[SBMC 15.04.020, UHC 1001(b)13].
A. Repair or replace the unstable stairway leading up to the unit above the garage.
B. Reinove the chain link fencing from the stairwayllanding area of the unit above
the garage.
6* . Substandard and Hazardous Electrical Wiring. The electrical system has an open
ground due to the lack of an equipment grounding conductor, required with grounded
receptacle replacement. Each building served shall be provided with means (service
panel or sub-panel) for disconnecting (circuit breakers) all ungrounded conductors. This
disconnecting means (service panel or sub panel) shall be installed either inside or outside.
the building at a readily accessible location nearest the point of entrance of the supply
conductors. [SBMC 15.04.020, UHC 1001(e)].
7. Substandard and Hazardous Mechanical Equipment. The wall heaters must be
capable of maintaining a room temperature of 70 degrees fahrenheit at a point 3 feet
above the floor in all habitable rooms of the rental units. Obtain permits/inspections and
repair/replace the wall furnace. [SBMC 15.04.020, UHC 1001(g)].
8. * Inadequate Fll'e-protection or Equipment. Provide exterior fire extinguishers (Type
2A10BC) with common access within 75 feet of all units, or provide a 1A10BC fire
extinguisher in each unit. [SBMC 15.04.020, UHC 1001(m) and 901; UFC 1002].
9. Improper Occupancy. This legal garage with legal dwelling unit above has been
illegally converted into 2 dwelling units, laundry room, and covered patios at the upper
and lower levels. Obtain guidance from the Planning Department on permissibility of
converting this garage/apartment into 3 units (2 downl1 up) with no garage.
[SBMC 15.04.020, UHC 1001(n), UBC 104.2.5 and 3405].
A. If the Planning Department approves the conversion and additional units, a
Special Investigation will be necessary to ascertain the amount of unpermitted
construction that will necessarily be required to be brought up to code.
B. If the Planning Department denies the conversion, then all unpermitted
construction must be removed and the structure converted back to its pre-
converted status of garage with a unit above. The removal of all unpermitted
construction does not require permits unless items requiring permits will be
altered in restoring them to their pre-conversion status/condition.
EXHlBITJLp ..l.SlOF.1!t.
'Notice and Order - 736 N. "G" Street
August 15, 1996
Page 3 of 4
Atch E
Page 3 of 4
@v
Construction Without Required Permits and Inspections. Obtain Planning Department
approval and permits/inspections from Building Department or remove all unpermitted
construction if no approvals are authorized.
[SBMC 15.04.020, UAC301(a) and 305].
A. The ground level garage has been converted to 2 dwelling units and a laundry unit
including 2 kitchens and 2 bathrooms, without permits and inspectiOns.
B. A covered patio has been added to the west wall of the garage, without permits
and inspections.
C. The laundry room has been converted from garage space, without permits and
inspections .
D. The unit above the garage has had its' outside rear porch expanded over the
unpermitted structure below, without permits and inspections.
E. . Plumbing fixtures, drain, vent, and supply lines have been added/altered without
permits and inspections in all units of the structure.
F. The electrical system in all units have been altered without permits and
inspections.
G. Obtain permits and inspections and install the water heater in an approved manner
in accordance with the Uniform Plumbing Code.
H. Obtain permits/inspections for all eaves, starter board, sheathing, and roof
covering replacement done to this structure.
J. Obtain permits/inspections for the sheathing and roof covering installed over the
patio located between the front house and middle structure.
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 Department on the 3rd floor of City Hall, located at 300 N. nD" Street.
11. Lack of the Minimum Amounts of Required Natural Light and Ventilation. All
habitable rooms must have exterior glazed openings for natural light at least equal in area
to 10% of the floor area. The area of doors or windows required for ventilation must
be at least 5% of the floor area. [SBMC 15.04.020, UHC lool(b)8, and 504]
12. Inoperable or Missing Smoke Detectors. Smoke detectors must be installed in sleeping
rooms, bedrooms, and hallways which provide access to those rooms.
(SBMC 15.04.020, UBC Appendix 3411).
EXIIIBITQJ..Jj..OF~
'Notice and Order - 736 1'1.. "G" Street
August'15, 1996
Page 4 of 4
Atch E
Page 4 of 4
The items noted above which are preceded by an * require a building permit, which can be
obtained at the Planning and Building Services Department, 300 North D Street, 3rd Floor, San
Bernardino, CA.
. . .Proof of ownership and identification, or a contractor's license is required to obtain ~rmits.
The above listed violations must be corrected by Sentember 2. 1996. Failure to make the
necessary correCtions will result in the City initiating abatement proceedings to correct the
violations. If the City is forced to proceed with abatement proceedings, the owner of record
shall incur all City costs associated with the abatement. Such costs may include, but are not
necessarily limited to contractor costs, staff and administrative costs, mailing and photographic
costs, hearing costs, et cetera. Such costs become the personal obligation of the property owner,
and if not paid may result in a lien being placed against the property. In addition, a Notice of
Pendency will be recorded with the County Recorder's Office.
By acting immediately to correct the above listed violations, these costs may be !lvoided. If you
object to the determination of this notice regarding the listed violations, you may rile a written
appeal with the City Clerk within 30 days from the date of this notice. Such written appeal
should include 1) the specific action appealed, 2) the specific grounds for appeal, and 3) the
relief or action sought. Appeals will be heard by the Board of Building Commissioners at a
public hearing.
If you should have any questions regarding this notice, please contact the undersigned inspector
for assistance. We sincerely appreciate your efforts in helping us maintain a clean and safe
community .
Phone: (909) 384-5543
Office Hours: Mon-Thur 7:30 to 8:30 AM and 4:30 to 5:30 PM
Fridays 7:30 to 8:30 AM and 4:00 to 4:30 PM
(We are closed on alternate Fridays)
cc: Luis Gonzales
2962 McAlister
Riverside, CA 92503
File: 000694
EXHIBIT.iLP .u.OF J4.
C I T Y 0 F
San Bernardino
PARTMENT OF PLANNING AND
o NORTH 0' S
T R E E T
lrFORNIA 92418-0001
BUILDING
SAN
#177 RENTAL "
HOUSING Il'JSP~CnOrj
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Humberto & Katherine Gon~ales
2160 48th Court
San Bernardino, CA 92407
ElCHIBIT.JLP..1l.0F 2L
8/15/96
11,1.",1,1,1"111,,,1..,1,1,,1,11,,1.,1,,11 I" II I II
III 110 111 !II
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,
.
.
1 JAMES F. PENMAN, City Attorney
State BarNo. 91761
2 STACEY R. ALDST ADT, Deputy City Attorney
State Bar No. 148964
3 300 North "D" Street, Room 668
San Bernardino, CA 92418
4 Telephone (909) 384-5355
Facsimile (909) 384-5238
5
6
IN THE MUNICIPAL COURT DISTRICT, CENTRAL DIVISION
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
INSPECTION & ABATEMENT/ADMINISTRATIVE WARRANT
(Sec. 1822.50-1822.58 Code of Civil Procedure-
(Conner v. Citv of Santa Ana)
7
e
9
10
11
THE PEOPLE OF THE STATE OF CALIFORNIA: To any peace officer or any person authorized
by ordinance of the Mayor and Common Council of the City of San Bernardino to enforce the
San Bernardino Municipal Code:
Upon good cause shown to the Court:
YOU ARE HEREBY COMMANDED to enter the buildings, interiors, structures, and
grounds at 736 North ttGtt Street (6 units on 2 parcels), in the City of San Bernardino, California,
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and legally described as APN No. 0140263150000 and 0140163140000. Parcel A - Lot 26,
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according to Map of Subdivision of Block 55 in the City of San Bernardino, County of San
Bernardino, State ofCalifomia as per map recorded in Book 3, Page 30 of Maps in the office of the
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County Recorders of said County; Parcel.B -that portion of the umumbered lot in Subdivision of
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Block 55 of the City of San Bernardino as per map recorded in Book 3, Page 30 of Maps in the office
of the county Recorder of said County, described as follows: beginning at the southwest corner of
Lot 26 in said subdivision; thence north to the northwest corner of Lot 26, thence west 100 feet;
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thence south parallel to the west line of said Lot 26,62.9 feet to the north line of20 foot alley; thence
east 100 feet to the point of beginning, to conduct an inspection and abatement of the buildings,
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interiors, structures, and grounds as authorized by Chapters 8.18,8.27,8.30,8.36, 15.04, 15.16, and
15.28, of the San Bernardino Municipal Code and the Uniform Fire Code, Uniform Building Code,
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and Uniform Housing Code as adopted by the San Bernardino Municipal Code.
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SRNal[BlankWar] .
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EXHIBIT jLp .i.5LOF.lL rrJP ~ ~
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YOU ARE COMMANDED to enter the premises to inspect, abate, board and secure,
if necessary, the buildings, interiors, structures, and grounds at 736 North "G" Street (6 units on
2 parcels). in the City of San Bernardino, California, to take photographs and/or video films of any
and all of the above-mentioned areas of inspection for evidence of violations of San Bernardino's
Health, Fire, Safety, Nuisance and Zoning Ordinances.
This inspection and abatement shall be conducted pursuant to Section 1822.56 of the
Code of Civil Procedure, in a reasonable manner for the purpose of insuring compliance with all
applicable laws.
This inspection and abatement shall be conducted subject to the following conditions:
I. The inspection and abatement must be conducted within 10 days of the date hereof.
2. This warrant may not be executed after 6:00 p.m., or before 8:00 a.m., of any day.
3. Notice by personal service, posting on the premises or by First Class Mail of issuance
of this warrant must be given immediately before execution.
4. (Forcible entry onto the premises is authorized, if necessary, to effectuate entry.)
5. If a significant health risk is present, vacant buildings may be boarded up and secured
from unauthorized entry.
6. This inspection and abatement may be made in the absence of the occupant.
7. Any animals found on the premises may be restrained by the Animal Control
Department until the inspection and abatement is completed.
8. Any abandoned wrecked, dismantled, or inoperative vehicles, or parts thereof, creating
a potential fire and/or safety hazard may be removed from the above property.
9. Any accumulated rubbish, refuse, waste material, scrap metal, combustible matter, dead
vegetation or other debris creating a public nuisance and/or a potential fire and safety hazard may be
abated.
GIVEN UNDER MY HAND THIS -I--!'J day of
SRNal[BlankWar] .
2
CIP COURT
EXHIBIT JL" .1S-0F.JJi.
CITY OF
San Bernardino
DEPARTME'NT OF PLANNING AND BUILDING SERVICES
AL BOUG"HEY,AICP
o IRE C T Q A.
Notice and Order
August 8, 1996
Humberto and Katherine Gonzales
736 N. "G" Street
San Bernardino, CA 92410
Subject Property: 736 N. "G" Street
APN: 140-263-14/15
Dear Property Owner/Interest Holder:
An inspection of the above referenced property in accordance with the San Bernardino Municipal
Code, Section 15.25.040, was conducted on July 22. 1996 in conjunction with the City's Rental
Housing Inspection Program. You are hereby notified that the following violations of the San
Bernardino Municipal Code (SBMC) exist on this property. Due to the existence of these
violations, the Building Official has determined that the property/structure(s) are Substandard
pursuant to the Uniform Housing Code.
Middle Structure: Fronts Alley (converted garage structure)
1. Lack of Required Landscaping and Umnaintained Landscaping. Landscape the
common yards with shrubs, groundcover, decorative rock, redwood bark, and/or lawn.
Maintain the landscaping by including a regclar irrigation plan.
(SBMC 15.24.050 Al & A2).
2. Weeds and Overgrown Vegetation. Prune all trees and shrubs in an orderly fashion,
including the vines at the alley fences. Trim the vines down to the top of the fence in
a professional manner. (SBMC 15.24.050 A3).
3. Accumulation of Trash and Debris in Yarm.. Remove all the couches, chairs, boxes,
and debris at the common yard areas. (SBMC 15.24.050 A4).
EXHIBIT.lLP .!lQ,OF ~
300 NOATH 0 STREET. SAN BERNARDINO.
CALIFORNIA 92418.0001 (101)384-5071/5057
Notice and Order - 736 N. "G" Street
August 8, 1996
Page 2 of 5
4. Peeling, Cracking, or Weathered Paint. Paint the walls, eaves, rafters, doors,
windows, patios, and porches of this structure. (SBMC 15.24.050 A7).
5. General Dilapidation and Improper Maintenance.
[SBMC 15.04.020, UHC 1001(b)13].
A. Repair or replace the unstable stairway leading up to the unit above the garage.
B. Remove the chain link fencing from the stairway/landing area of the unit above
the garage.
6* . Substandard and Hazardous Electrical Wiring. The electrical system has an open
ground due to the lack of an equipment grounding conductor, required with grounded
receptacle replacement. Each building served shall be provided with means (service
panel or sub-panel) for disconnecting (circuit breakers) all ungrounded conductors. This
disconnecting means (service panel or sub panel) shall be installed either inside or outside
the building at a readily accessible location nearest the point of entrance of the supply
conductors. [SBMC 15.04.020, UHC 1001(e)].
7. Substandard and Hazardous Mechanical Equipment. The wall heaters must be
capable of maintaining a room temperature of 70 degrees fahrenheit at a point 3 feet
above the floor in all habitable rooms of the rental units. Obtain permits/inspections and
repair/replace the wall furnace. [SBMC 15.04.020, UHC 1001(g)].
8. * Inadequate Fire-protection or Equipment. Provide exterior fIre extinguishers (Type
2A10BC) with common access within 7S feet of all units, or provide a 1A10BC fIre
extinguisher in each unit. [SBMC 15.04.020, UHC 1001(m) and 901; UFC 1002].
9. Improper Occupancy. This legal garage with legal dwelling unit above has been
illegally converted into 2 dwelling units, laundry room, and covered patios at the upper
and lower levels. Obtain guidance from the Planning Department on permissibility of
converting this garage/apartment into 3 units (2 downl1 up) with no garage.
[SBMC 15.04.020, UHC 1001(n), UBC 104.2.5 and 3405].
A. If the Planning Department approves the conversion and additional units, a
Special Investigation will be necessary to ascertain the amount of unpermitted
construction that will necessarily be required to be brought up to code.
EXHIBIT .A-P!J-OF!J.5L
.
Notice and Order - 736 N. "G" Street
August 8, 1996
Page 3 of 5
B. . If the. Planning Department denies the conversion, then all unpermitted
construction must be removed and the structure converted back to its pre-
converted status of garage with a unit above. The removal of all unpermitted
construction does not require permits unless items requiring permits will be
altered in restoring them to their pre-conversion status/condition.
10. * Construction Without Required Permits and Inspections. Obtain Planning Department
approval and permits/inspections from Building Department or remove all unpermitted
construction if no approvals are authorized.
[SBMC 15.04.020, UAC301(a) and 305].
A. The ground level garage has been converted to 2 dwelling units and a laundry unit
including 2 kitchens and 2 bathrooms, without permits and inspections.
B. A covered patio has been added to the west wall of the garage, without permits
and inspections.
C. The laundry room has been converted from garage space, without permits and
inspections.
D. The unit above the garage has had its' outside rear porch expanded over the
unpermitted structure below, without permits and inspections.
E. Plumbing fixtures, drain, vent, and supply lines have been added/altered without
permits and inspections in all units of the structure.
F. The electrical system in all units have been altered without permits and
inspections.
G. Obtain permits and inspections and install the water heater in an approved manner
in accordance with the Uniform Plumbing Code.
H. Obtain permits/inspections for all eaves, starter board, sheathing, and roof
covering replacement done to this structure.
J. Obtain permits/inspections for the sheathing and roof covering installed over the
patio located between the front house and middle structure.
EXHIBIT 1LP~OF lti-
.
Notice and Order - 736 N. "G" Street
August 8, 1996
Page 4 of 5
A Special Investigation must be obtained and completed prior to submitting an application
for abuilding permit for an unpermitted structure. A Special Investigation can be
obtained. by submitting an application and the appropriate fee at the' Planning and
Building Department on the 3rd floor of City Hall, located at 300 N. "D" Street.
11. Lack of the Minimum Amounts of Required Natural Light and Ventilation. Ail
habitable rooms must have exterior glazed openings for natural light at least equal in area
to 10% of the floor area. The area of doors or windows required for ventilation must
be at least 5% of the floor area. [SBMC 15.04.020, UHC l00I(b)8, and 504]
12. Inoperable or Missing Smoke Detectors. Smoke detectors must be installed in sleeping
rooms, bedrooms, and halIways which provide access to those rooms.
(SBMC 15.04.020, UBC Appendix 3411).
The above' listed violations must be corrected by Sentember 2. 1996. Failure to make the
necessary corrections will result in the City initiating abatement proceedings to correct the
violations. If the City is forced to proceed with abatement proceedings, the owner of record
shall incur all City costs associated with the abatement. Such costs may include, but are not
necessarily limited to contractor costs, staff and adminim-ative costs, mailing and photographic
costs, hearing costs, et cetera. Such costs become the personal obligation of the property owner,
and if not paid may result in a lien being placed against the property. In addition, a Notice of
Pendency will be recorded with the County Recorder's Office.
By acting immediately to correct the above listed violations, these costs may be avoided. If you
object to the determination of this notice regarding the listed violations, you may me a written
appeal with the City Clerk within 30 days from the date of this notice. Such written appeal
should include 1) the specific action appealed, 2) the specific grounds for appeal, and 3) the
relief or action sought. Appeals will be heard by the Board of Building Commissioners at a
public hearing.
The items noted above which are preceded by an · require a building permit, which can be
obtained at the Planning and Building Services Department, 300 North D Street, 3rd Floor, San
Bernardino, CA.
.. . Proof of ownership and identification, or a contractor's license is required to obtain permits.
If you should have any questions regarding this notice, please contact the undersigned inspector
for assistance. We sincerely appreciate your effons in helping us maintain a clean and safe
community .
EXHIBITJLP1.l.0F.uL
.
Notice and Order - 736 N. "G" Street
August 8, 1996
Page 5 of 5
Phone: (909) 384-5543
Office Hours: Mon-Thur 7:30 to 8:30 AM and 4:30 to 5:30 PM
Fridays 7:30 to 8:30 AM and 4:00 to 4:30 PM
(We are closed on alternate Fridays)
File: 000694
.
EXHIBIT.o.-P ~oF:lJ.
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Atch F
Page 1 of 4
CITY OF
San .Bernardino
AL BOUGHEY,AICP
DIReCTOR
DEPARTMENT OF PLANNINQ AND BUILDINO SEAYICEI
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Notice and Order
August 15, 1996
; \ ~ J :tl~: L
Humberto and Katherine Gonzales
2160 48th Court
San Bernardino, CA 92407
"
;._'..
Subject Property: 736 N. "C" Street
AJPN: 140-263-14/15
Dear Property Owner/Interest Holder:
""L
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An inspection of the above referenced property in accofdance with the San Bernardino Municipal
Code, Section 15.25.040, was conducted on Julv 22. .996 in conjunction with the City's Rental
Housing Inspection Program. You are hereby notified that the following violations of the San
Bernardino Municipal Code (SBMC) exist on this property. Due to the existence of these
violations, the Building Official has determined that the property/structure(s) are Substandard
pursuant to the Uniform Housing Code.
~Rear House: West End of Property (fronts alley)
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Lack of Required Landscaping and Unm!llntaincd Landscapirig. . Maintaiii' the
landscaping by including a regular irrigation plan, mowing, edging, and debris removal.
(SBMC 15.24.050 A1 & A2).
. - ." _ , ", l' ." (. ;.'~_. . . .
2. Weeds and Overgrown Vegetation. Maintain the landscaping with weed removal from
the planters, perimeter and cross fencing, and yard areas. Prune all trees and shrubs in
an orderly fashion. Prune the fence hedges down to 6' on the fences bordering the alley.
(SBMC 15.24.050 A3).
: '1 :.1Pi :~'I.-... i'
3. Accumulation of Trash and Debris in Yards. Remove the trash and debris that
collected in the yard areas; this includes all discarded interior home furnishing.
(SBMC 15.24.050 A4).
EXHIBIT.J:LP~OF .ll..
300 NORTH O' STReer, SAN BERNAADINO.
CALIFORNIA 92418.0001 (.0.)3.4-1071/5057
C(0)lY,
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Page 2 of 4
';
- Notice and Order - 736 N. "G" Street
August 15, 1996
Page 2 of 4
4. ,'Vehicle(s) Parked on Unimproved Surface. All vehicles must be parked on asphalt or
: concrete paving. Provide asphalt or concrete driveways and parking areas on site if your
tenants are to continue parking on the property. (SBMC 15.24.050 AS).
S. Peeling, Cracking, or Weathered Paint. The house, eaves, facia, rafters, windows,
and doors require painting. (SBMC 15.24.050 A7).
6.* Substandard and Hazardous Electrical Wiring. [SBMC 15.04.020, UHC 1ool(e)].
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A.
Obtain permits/inspections and correct the substandard subpanels, branch circuits,
and broken exterior receptacle on the north or rear wall of this structure.
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B. Electrical testing revealed an open ground in the system. ' Obtain permits and
correct this lack of equipment ground required by the 1993 National Electrical
Code Section 210-7 in an approved manner.
7. * Substandard and Hazardous Plumbing. Obtain permits and inspections and replace
the worn out and leaking water heater and install a protective cabinet around the new
water heater. This water heater is in very substandard condition.
[SBMC 15.04.020, UHC 1ool(t)].
8. Faulty Weather Protection. The roof is starting to wear. Repair/replace as necessary
to pevent faulty weather protection and dilapidation.
[SBMC 15.04.020, UHC 1ool(h)].
9. Inadequate 'Fire-protection or Equipment. Provide exterior fire extinguishers (Type
2A10BC) with common access within 75 feet of all units, or provide a 1A10BC fire
extinguisher in each unit. [SBMC 15.04.020, UHC 1ool(m) and 901; UFC 1002]
10., Inadequate Emergency Egress From Sleeping Rooms. Security Bars on emergency
escape windows in bedrooms must be openable from the inside by means of approved
release mechanisms which do not require a key, or any special knowledge or effort to
operate (applies to one approved window per bedroom). Obtain approval from the Fire
Department for release mechanisms and obtain building permits and inspection.
, , (SBMC 15.04.020, UHC 801, and UBC 310.4).
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El[HIBIT .D-P.u:.OF.ll
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Page'3 of 4
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Notice and Order - 736 N. "G" Street
August 15, 1996
Page) of 4,
:,....:,..,...,..,
11.. Construction Without Required Permits and Inspections.
[SBMC 15.04.020, UAC301(a) and 305].
~btain permits and inspections for the following:
A: "
.'
All aluminum window replacements and wall alterations must be permitted and
inspected.
B.
The 6' block, wrought iron, and chain link fencing at the alley/south property
area requires permits and inspections.
12. Lack of the Minimum Amounts of Required Natural Light and Ventilation. All
habitable rooms must have exterior glazed openings for natural light at least equal in area
to 10% of the floor area. The area of doors or windows required for ventilation must
be at least 5 % of the floor area. Due to the window alterations and boarding of original
. window locations required, minimum light and ventilation has been diminished.
[SBMC 15.04.020, UHC lool(b)8, ~d 504]
A. Remove the boards covering the rear window of the north wall and the window
on the west wall.
13. Inoperable or Missing Smoke Detectors. Smoke detectors must be installed in sleeping
rooms, bedrooms, and hallways which provide access to these rooms.
(SBMC 15.04.020, UBC Appendix 3411).
~The items noted above which are preceded by amequire a building permit, which can be
obtained at the Planning and Building Services Department, 300 North D Street, 3rd Floor, San
Bernardino, CA.
.. . Proof of ownership and identification, or a contractor's license is required to obtain permits.
The above listed violations must be corrected by Seotember 2. 1996. Failure to make the
necessary corrections will result in the City initiating abatement proceedings to correct the
violations. If the City is forced to proceed with abatement proceedings, the owner of record
shall incur all City costs associated with the abatement. Such costs may include, but are not
necessarily limited to contractor costs, staff and administrative costs, mailing and photographic
costs, hearing costs, et cetera. Such costs become the personal obligation of the property owner,
and if not paid may result in a lien being placed against the property. In addition, a Notice of
Pendency will be recorded with the County Recorder's Office.
EXHIBIT.iLP "u'OF.i:i
I . ....
i ,.r , ~~oti:e and Order _ 736 N. ';'
August 15, 1996
Page 4 or 4 .,.
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.,
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Page ,4 of 4
By acting immediately to correct the above listed violations, these costs may be avoided. If you
object to the determination of this notice regarding the listed violations, you may file a written
appeal with the City Clerk within 30 days from the date of this notice. Such written appeal
should include 1) the specific action appealed, 2) the specific grounds for appeal, and 3) the
relief or action sought. Appeals .will be heard by the Board of Building Commissioners at a
public hearing.
If you should have any questions regarding this notice, please contact the undersigned inspector
for assistance. We sincerely appreciate your efforts in helping us maintain a clean and safe
community .
~
Phone: (909) 384-5543
Office Hours: Mon-Thur 7:30 to 8:30 AM and 4:30 to 5:30 PM
Fridays 7:30 to 8:30 AM and 4:00 to 4:30 PM
(We are closed on alternate Fridays)
cc: Luis Gonzales
2962 McAlister
Riverside, CA 92503
File: 000695
EXHIBIT.lLP .u...OF..!.:l
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Statement of Costs
(Rental Housing)
Case Number:
Subject Property:
Parcel Number:
RH96-0195 Date: September 10, 1996
736 N. "G" Street, San Bernardino, CA
140-263-14/15
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
$ 643.53
$ 30.00
$ 40.00
$ 56.00
$ 25.00
$ 66.00
$ 125.00
$ 50.00
SUBTOTAL
$ 1,035.53
Contractor:
40% Administrative Costs
CONTRACTOR COSTS
$ -------
$ -------
SUBTOTAL
$ -------
$ -------
Previous costs incurred: Contact City Clerk for
previous fees incurred
Abatement Date:
-------
-------
TOTAL AMOUNT DUE
$ 1,035.53
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 an questions or need clarification of this statement of costs, please contact the City
Clerk's Lie oordinator at (909) 384-5002 with the case number and property address.
By:
APprOV~~t1..J ~
uperVlsor
CITY OF
San Bernardino
RACHEL
CLARK
CITY CLERK
October 30, 1996
Humberto Gonzalez
Katherine Gonzalez
2160 48th Court
San Bernardino, CA 92407
Re: 736 North G Street - Parcel No. 0140-263-14/15 - Case No. RH96-0195
. 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 October 3, 1996 concerning the above-
referenced property.
The appeal is scheduled to be heard on Monday, December 2, 1996, 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,
~~
City Clerk
cc: City Attorney
Rental Housing Division
Administrator's Office
Sandra Medina, AOS, City Clerk's Office
File
P. o. BOX 131', SAN BERNARDINO, CA 12"02
300 NORTH' 0' STREET, SAN BERNARDINO.
CALIFORNIA 92..18.0001 {'OI)3.4.5002
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MISCELLANEOUS CASH RECEIPT
693152
No.
Date
ACCOUNT NO.
AMOUNT
Received From
60
The Sum of '\ 5 Dollars c,~
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F.
Cents
Department
TOTAL
By
DISTRIBUTION:
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