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Home My WebLink About38-Planning and Building 41 CI1Y OF SAN BERNARiQO - REQUEST FOR ())UNCIL ACTION From: Larry E. Reed, Assistand Director Subject: Appeal of Board of Building Commissioners Findings and Action of 8-16-91 for prop- erty located at 1087 N. Mt. Vernon Avenue Dept: Planning and Building Services Date: September 25, 1991 Synopsis of Previous Council action: Mayor and Common Council Meeting October 7, 1991 No previous Council action. Recommended motion: Uphold the findings of the Board of Building Commissioners and require owner to obtain proper permits for demolition of all abandoned structure(s) and sign(s). 4 ~u Signature Contact person: Larry E. Reed Supporting data attached: Appeal, Staff Report, BBC Order Phone: 384-5357 Ward: 6 FUNDING REQUIREMENTS: Amount: $476.20 Source: (Acct. No.) 001-000-41733 IAcct. DescriPtion) Finance: Council Notes: Aoenda Item No. 3 R CITY OF SAN BERNAR~O - REQUEST FORf,OUNCIL ACTION STAFF REPORT Subject: Appeal of the Findings of the Board of Building Commissioners to require the subject property to be demolished. Request: The appellant, Mr. Gary Lazar requests that the Mayor and Common Council reverse the decision of the Board of Building Commissioners because of long term and on- going negotiations with the City and Neighborhood Officials relative to a prompt reopening of subject property. Background: 4-11-91 Inspection made by the Code Compliance Division and found an abandoned gas station with abandoned signs (2), abandoned gas pumps, abandoned commercial building, with overgrown vegetation. 4-12-91 Notice To Abate Nuisance sent to the owner with no response. 4-22-91 Contacted by Mr. Lazar's agent, and notified of steps being taken to reopen the business. Checked for current business license or Certificate of Occu- pancy, of which there was nothing current on subject property. 5-7-91 Follow up inspection found the property clear of all debris and vegetation, however the property was not secured. 5-8-91 Contacted owner to install a fence around the property, of which the owner complied. 7-5-91 Follow up inspection found the property to be overgrown with vegetation. 7-15-91 File created. 8-16-91 Taken before the Board of Building Commissioners and ordered for demolition. 8-29-91 Appealed to the Council to reverse the BBC decision. Mayor and Council Options: Uphold the findings of the Board of Building Commissioners and require the owner to demolish the abandoned structure(s) and sign(s). OR Identify those violations that would be required to correct and waive those items that are believed to be arbitrary or excessive. 75-0264 - , . . . ~~~ Mayor and Page 2 Findings of the BBC fo<:J087 N. Mt. Vernon Common Council Meeting October 7, 1991 ~eooe o Recommendation: That the Board of Building Commissioners motion to order the owner to obtain all proper permits to remove all above ground structure(s) and sign(s) within thirty (30) days, and to contact proper authorities for removal of underground tanks be upheld. Also uphold the order that if the owner does not comply, then the City be allowed to initiate action to abate the nuisance, and for the owner to pay $476.20 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, Assistant Director Planning and Building Services Attachments: A. B. Letter of Appeal to Mayor and Common Council Order of the Board of Building Commissioners Meeting of 8-16-91 LER:bss .. " -----------~------c:J--FOR OFFICE USE ~~~: Copies, ===_~1:iLh O~:::/~:-::::P:--------- RECt", ,~ . -..,' Original Sent to:~ /'''';p ,/' aA 'm "'~"9 P? :16 :11 ,,_" t:. - PaDDent InfQrmation: ~h'd tr ~ ~t:;r;p; , ----------------------------------------------------------------- CI'rY OF SAH BBRRARDIBO NO'fICE OF APPEAL **********************DIPOR'fAN'f IREORXA'fION********************* ~- . 'l'BERE IS AN APPEAL FEE OF ~~:.oo... PaR ALL BUILDIBG, WEED AID) VEHICLE ABATEJIEJn APPEALS ..- 'rO 'fIlE COJDlON COUNCIL AID) A $106.00 APPEAL PEE FOR ALL PLAlINING APPEALS lIADE 'rO '1'IIB cn_mt COUNCIL. ' *********************************.****************************** Please Comolete Paaes One and 'fvo Appeal Filing Date: Name of Appellant: 8/29/91 P & M STATICNS - GARY IAZAR Address of Appellant: 12739 Lakewood Blvd Downey, CA 90242 JIM HARTLEY work number: 17141 994-4981 X 215 home number: 17141 380-'120 Type of Appeal (please check one of the following): Contact Person and Phone Number: x Planning Appeal Building Abatement Appeal Weed Abatement Appeal Vehicle Abatement Appeal Other: 1 , ... .' II. State the specific action appealed and the date of t~At action: Order of the Board of Builnin9 rnmm;QQ;nnA~~ M 1574 dated AuC/ust 19. 1991 III. State the specific grounds of the appeal: We hav~ lnnq term and on aninq nPQntians with City and Neiahbohood officials relative to a oromot reooenina of thi~ hu~inegg_ IV. State the action(s) sought from the Common Council (Committee or Commission): C::ACIl '-''''''py r"Ir 'A~+-~P dated AU9'tl~r. 'R. 1qq, i-n t"nl* 'Rn;:ilrn of Commissioners. attached. Attachments or exhibits if any: . / "",., Signature: & M Stations - . " I"""t&. M SERVICE STATIONS. INC. '-' 12739 LAKEWOOD BLVD. DOWNEY. CALIFORNIA 90242 o (213) 927.5339 R:,::r\.:~'-, . ....,.. '91 ..,~ "9 p~ '16 :L:': , .::. ' August 28. 1991 CITY OF SAN BERNARDINO BOARD OF BUILDING COMMISSIONERS 300 NORTH D STREET SAN BERNARDINO. CALIFORNIA 92418 - 0001 '. ORDER NO. 1574 REPORT NO. 3899 Gentlemen: Please register this correspondence as a protest to the action taken by the Board of Building Commissioners on August 16. 1991 regarding the abatement of the property located at 1087 N. Mt. Vernon Avenue. San Bernardino. California. P & M Service Stations on behalf or the property owner. Gary Lazar. requests an opportunity to appeal the Board's decision by addressing the City Council to show cause for a reversal of their decision. Your action in this matter is appreciated. Yours respectfully. P & M SERVICE STATIONS /l// ~;f George W. Gallo Vice President cc: Gary Lazar J. H. Hartley .' 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 ORDER 01' ~ BOARD 01' BUILDING COMMIst"\lNERS THE CIT~P SAN BERNARDINO AUTBORIZltrG THE ABATEMENT 01' A PUBLIC NUISANCE 01' 3899 REPORT NO. ORDER NO. 1574 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 15, Chapter 15.28, the Building Official has posted a building(s) located at 1087 N. Mt. Vernon San Ber- nardino, california, with a "Notice to Abate Nuisance" and has notified the person(s) having an interest in said property that the said building(s) or premises constitute a public nuisance and has prepared a declaration of posting and mailing of the notice, a copy of which is on file in these proceedings; and WHEREAS, pursuant to said 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 of said nuisance, to the person(s) having an interest in said property, and has prepared a declaration of mailing of the notice, a copy of which is on file in these proceedings; and WHEREAS, a hearing was held to receive and consider all relevant evidence, objections or protests on AURust 16 , 1991; and WHEREAS, The Board of Building Commissioners heard the testimony and examined the evidence offered by the parties relative to such alleged public nuisance, NOW, THEREFORE, BIl IT RESOLVED BY THE BOARD 01' BUILDING COMMISSIONERS 01' THE CITY 01' SAN BERNARDINO AS FOLLOWS: - 1 - .' 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 ....-.........- ........................................"... ORDER OF THE ~ OF BUILDING COMHISS~w~S . ORDER NO. ~ REPORT NO. 3899 U . . SECTION 1. Based upon the evidence which was submitted, it is found and determined that the building(s) or premises located at 1087 N. Mt. Vernon Avenue San Bernardino, California, constitute a public nuisance for the reasons set forth in Exhibit "A" attached hereto and incorporated herein by reference as though fully set forth at length as the finding of fact of the Board. SECTION 2. The owner is hereby directed to complete the abatement of the public nuisance by obtaining all necessary demolition permits to remove all above ground signs and structures within thirty (30) days. SECTION 3. In the event the public nuisance is not abated within the prescribed period of time, the building(s) or premises shall be abated by the City of San Bernardino, or by a person(s) authorized by the Building Official, 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 subject to immediate recovery by and commencement of court proceedings against said party. SECTION 4. Any person aggrieved by this order may within fifteen (15) days after AU2ust 16. 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 - .. o RBllORT HO. 3899 order was duly adopted o ORDER HO. 1574 I HEREBY CERTIFY that the foregoing by the Board of Building Commissioners of the City of San Bernardino at a special meeting thereof, held on the 16th day of August , 19~, by the following vote, to wit: COMMISSIONERS: Chairman-Herb Pollock Dan Westwood Pete Cortez Jack Hunt Benjamin Gonzales Manuel Flores Gene pensiero ....L Thomas Chandler ....L ~... -"'.~ CLERK, BOARD OF BUILDING COMMISSIONERS The foregoing order is hereby All ill lQt" , 1991. ...lith day of CHAIRMAN, Approved as to form and legal content: ^ JAMES F. PENMAN, City Attorney - " ( BY~.; '). ,..\:-,O-'t':7')("'), IIII IIII CE/BBC