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Home My WebLink About36-Planning and Building - "" - ,.". - CITY OF SAN BERNQ:tr. ..to - REQUEST lOR OUNCIL ACTION From: Larry E. Reed, Assistant Director Subject: Appeal of Board of Building Conunissioners Findings and Action of 8-16-91 for prop- erty located at 1095 W. Spruce. Dept: Planning and Building Services Date: September 25, 1991 Synopsis of Previous Council action: Mayor and Conunon Council Meeting October 7, 1991 No previous Council action. Recommended motion: Uphold the findings of the Board of Building Commissioners and require to correct the Health and Safety Violations and rehabilitate the structures to meet all Building and Safety codes. 4 C~/ Signature Contact person: Larry E. Reed Phone: 384-5357 Supporting data attached: Appeal. Staff Report. BBC Order Ward: 1 FUNDING REQUIREMENTS: Amount: $ 440.50 Source: (Acct. No.) 001-000-41733 (Acct. Descriotion) Finance: Council Notes: 75-0262 /t>-7--9/ #.57 ,3'(, Agenda Item NO.. ... - CITY OF SAN BERN(:fIf"MO - REQUEST MR ~OUNCIL ACTION STAFF REPORT Subject: Appeal of the Findings of the Board of Building Commissioners to require the subject property to meet required Health and Safety Standards, and to rehabilitate the structure(s) to meet all Building and Safety Codes. Request: The appellant, Mr. Maurice Peters requestst that the Mayor and Common Council waive certain requirements that he believes to be incompetent and deceitful. Mr Peters believes that he should not have to bring the structure(s) up to current Building and Safety Codes, that the vehicles should be disposed of in an orderly and decent manner, and that all administrative costs should not be assessed. Mr. Peters also requests that all Certificates of Occupancy and business licenses be issued immediately. Background: 5-31-91 Inspection made by the Code Compliance Division. At the time of inspection abandoned vehicles, large amounts of junk, trash and debris were located on the property. Inspection of the structure revealed substandard conditions and hazardous electrical wiring. 7-1-91 Reinspection was made by the Code Compliance Division. At the tim of in- spection violations observed on the original inspection still existed. A Ten Day Notice To Abate Nuisance was mailed to the owner on 7-1-91 with no response. 7-11-91 A follow up inspection made by the Code Compliance Division found that the violations still existed and had not been corrected. Therefore, the case was presented before the Board of Building Commissioners Meeting of 8-16-91. 8-16-91 Mr. Peters appeared before the BBC and was orderd to correct the deficiencies and abate the nuisance at 1095 W. Spruce. 8-30-91 Appealed to the Council to reverse all or part of the BBC decision. Mayor and Council Options: Uphold the findings of the Board of Building Commissioners and require owner to correct Health and Safety Violations and to rehabilitate the structure(s) to meet all Building and Safety Codes. OR Identify those violations that would be required to correct and waive those items that are belived to be arbitrary or excessive. 75.0264 Appeal of Mayor and . Page 2 Findings of t~Br 'or 1095 W. Spruce Common Councii-Jee, 6 October 7, 1991 :"",,, '-" Recommendation: That the Board of Building Commissioners motion to order the owner to vacate the structure(s) and remove all inoperable and abandoned cars, junk and debris be upheld. Also uphold the order that the owner shall obtain all proper business licenses and Certificates of Occupancy. obtain all proper permits to rehabilitate the structure(s) to meet all current Building and Safety Codes. Uphold the order for the owner to begin to make corrections within ten (10) days, or the City will be al- lowed to remove the electrical meters. Uphold the order for the owner to pay $440.50 of costs incurred by the City or place a lien on the property and file a personal obligation on the owner. Prepared by: Debra L. Daniel for Larry E. Reed. Assisstant Director Planning and Building Services Attachments: A. Letter of Appeal to Mayor and Common Council B. Order of the Board of Building Commissioners Meeting of 8-16-91 LER.: b ss -- t t,;..............;... ,_______________~- .-FOR OFFICE USE OHLY~-' ---------------- / Departments Receiving Copies: ~:'~t ~#:.~ Date/Time Stamp: RECEIV'-~ ~"'.. ,. --.. . ... ') .~ ," ':..... Original1 4nt t91/,. / {, 11' . ;e"., T" t/ '91 WG 30 P 3 :55 p~ent Information: , _rt?f/::/ ti /. ~9h '7-;/ ----------------------------------------------------------------- CI'l'Y OF SAH BERHARDINO NOTICE OF APPEAL ......................1IP0RTAN'l' INFORMATION..................... 'l'BERE IS AN APPEAL FEE OF $75.00 FOR ALL BUILDING, WEBD AJIID VEHICLE ABA'l'EJIEN'l' APPEALS lIADE TO '!'BE CODON COUNCIL AJIID A $106.00 APPEAL FEE FOR ALL PLANNING APPEALS lIADE TO '!'BE CO-ON COUNCIL. ******...********************.***********************.********** Please Comnlete Paaes One and Two Appeal Filing Date: Name of Appellant: u~~' {o 19q / ;In, /(, /e=-rc-f'l5 Address of Appellant: 109 8 {#, 'JL!:1 S, ,'; /h..J /x:.-tUv 4fc fJ /IV C> (1/1- Contact Person and Phone Number: ,f1 C/. 2AJ F3 work number: home number: Type of Appeal (please check one of the following): Planning Appeal Building Abatement Appeal Weed Abatement Appeal Vehicle Abatement Appeal 1 ... - : A VALID APPEAL Q,T ,.CLUDE THE FOLLOWING 0.01- .TION: 1. Affected Property: ',t-.' r I' '1.7 ,.' ~ I" r' J (" "V C-e:o II. State the specific action appealed and the date of that action: /) "t.' h/'Z...'-t:.(.....L.C. /.- .".JL;:...-r-'" . / f.,-C--cA- r - .- -.... p~ -' Ii ./ III. State the specific grounds of the appeal: /lIP t-L..JiC1.. t/'....--.'1. A. .-- IV. State the action(s) sought from the Common Council (Committee or Commission): ~ aP-a (//. Ii :.'L ".{<"'f-..~'<"""""~'" vl./~'-'~ '-, /._( '-. . I . a/lLd. ~1...-re;.i v<.. .-'/ ~ ',,) ...-L .!~ >d. . , -</','; I ?{ .,A:..-,...-<. d .c'7-<--,; /1 (/ Attachments or exhibits if any: ,/ I , 1 / .-, J I , . -_..- ~~....."/...:.../_,,i.._~ SJ.gnature: 2 /. ' ' If - - - I' . 0 RECE\'J':'"\" -".. . ~: ~~- 'j '.' 'f, . '~'t, - '91 r.UG 30 ?3 :55 /1 "..... " . -f --r...... \ , .. ..A/" . - J /I _ / ~ ~~-r- io ./~V'- X'v~, &:~<(~< :--.." //:./C_.>c~>__'- ~r.--L ~-ib__ 2-." L/ r-<' /~. /-~<'--:"'-' / '/ / ""'.Ii . f . 17 r 4 .~ .' '. f/' ,.'. , ~ <--? ;--:) V,////./'-;(....t:....- /.- ':,/'w'." 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V~! :.J-"~ ' /r-:-r/ / . / ' /;-/: & 'ILL ~ ,/_-(../.....L.- t:.-VI- L. /:'.1-(, ..(/J:.'~' ~, ;-'" j~ !/.../'('~~':" __ /-.: ~...<J -rc--f{"'i._7:~L..n --", ~L-,_~~,'_-_ i ~'?: ,.......1-~_ /- "" - , ~*A"YL-/ U1."-~/........ /'~'-., .#. I / ' / ' , 1 : ~:_:~" '..-:u~ a..-n- ~ ;;/....,u..<"- / /:' "'. ' ..;-' - t1/'L!/ . .r. (!? ~f /:::k..." .~/ ^:.. .~,. ,.,J.~ ~ ~~ ~uct-wL./~~~ /Lf . ~ ~ ',Lo /~~cT~' /11;~rLa /l.n~ ~d~~ 0 7uC1 ~I-~I ;1vd-,7lL ~~ ~ ~ tJl~ i.&tAA4 ~ ~ jJ~ 7 ~ .. o - ~ - 'J tJ'VlA...- ,?'i/Pc-d de- ~cT yz~ r/vt.r /tu-. p~t-~~ -h~~ u~f;3 / .~ /y~q ~t.-C / ;11~cr ~t/fA-'~~ I~ iL~~'t..V;t. ~ ~-V".A--1~ P ~ 4/~JJLLd- %-e- ~ ~~~~ 9' .~./L~ ~~- j/~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDERO' 1 BOARD 01' BOILDING d.kI! 'OHERS 01' THE CITl 01' SAN BERNARDINO AoTs~RI~.dG THE ABATEMENT 01' A POBLIC NOISANCE ORDER NO. 1585 REPORT NO. 3620 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 15, Chapter 15.28, the Building Official has posted a buildinq(s) located at 1098 W. 5th Street San Ber- nardino, California, with a "Notice to Abate Nuisance" and has notified the person(s) havinq an interest in said property that the said buildinq(s) or premises constitute a public nuisance and has prepared a declaration of postinq and mailinq of the notice, a copy of which is on file in these proceedinqs; and WHEREAS, pursuant to said San Bernardino Municipal Code, the Buildinq Official has served a "Notice of Hearinq Before the Board of Buildinq Commissioners of the City of San Bernardino", relatinq to abatement of said nuisance, to the person(s) havinq an interest in said property, and has prepared a declaration of mailinq of the notice, a copy of which is on file in these proceedinqs; and WHEREAS, a hearinq was held to receive and consider all relevant evidence, objections or protests on September 6, 1991; and WHEREAS, The Board of Buildinq commissioners heard the testimony and examined the evidence offered by the parties relative to such alleqed public nuisance, NOW, THEREFORE, BB IT RESOLVED BY THE BOARD 01' BOILDING COMKISSIOHERS 01' THE CITY 01' SAN BBRNARDINO AS FOLLOWS: - 1 - 11 .. 1 . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORD!lK OJ' TR~ ~UJUW V~. ................. COMXISSIONERS . ORDER NO. 0- RP.PORT NO. 3620 . .~:' SECTION 1. Based upon the evidence which was submitted, it is found and determined that the building(s) or premises located at 1098 W. 5th Street , San Bernardino, california, constitute a public nuisance: SECTION 2. The owner is hereby directed to complete the abatement of the public nuisance by vacating the tenants of the trailer and to obtain all proper building permits for the fence within ten (10) days. Also the owner shall remove from the property all abandonedjwreckedjdismantledjinoperative autos and auto parts, junk, trash and debris, oil drums and oil spills within thirty (30) days. SECTION 3 . In the event the public nuisance is not abated within the prescribed period of time, the city or person(s) authorized by the Buildi~g Official, will initiate action to abate the nuisance, and the costs thereof made a lien on the lot or parcel of land upon which the public nuisance exists. Such costs may be added to any existing costs, made a personal obligation of the property owner and subject to immediate recovery by commencement of court proceedings against said party. SECTION 4. Any person aggrieved by this order may within fifteen (15) days after Seotember 6. 1991 , appeal to the Common Council by filing with the City Clerk a written statement of the order appealed from, the specific ground of appeal and the relief of action sought from Common Council. - 2 - BoARD or BUILO~~~ ~u~~~~IO~RS - l.,.. ORDER NO. 1585 ".' REPORT NO. 3620 .: . I HEREBY CERTIFY that the foregoing order was duly adopted by the Board of Building Commissioners of the City of San meeting thereof, held ,on the 6th Bernardino at a rellular , 19~, by the following vote, to wit: day of Seotember COMMISSIONERS. UK ox ABSTAIN ABSENT Chairman-Herb Pollock ~ Dan Westwood -L Pete Cortez -L Jack Hunt -L Benjamin Gonzales -L Manuel Flores ~ Gene pensiero -L Thomas Chandler -L -:l:'''''~:i 1&~_ - L .~Q: ~ CLERK, BOARD OF BUILDING COMMISSIONERS is hereby approved this ~ day of CHAI~ ~COMHISSIONERS The foregoing order Seotember I 1991. Approved as to form and legal content: JAMES~F. P .' ~Y1 ~t;torney By: /~-;~ v IIII IIII CEIBBC