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Home My WebLink About39-Planning and Building j CI-TY OF SAN BERNADINO - REQUEST F~ COUNCIL ACTION From: Larry E. Reed Subject: Appeal of Board of Building CODDnissioners Findings and Action of 9-6-91 for property located at 1432-1446 North "G" Street. Dept: Planning & Building Services Date: October 10, 1991 Mayor & CODDnon Council Meeting of 10-21-91 Synopsis of Previous Council action: No previous Council action. Recommended motion: That the Mayor and CODDnon Council uphold the findings of the Board of Building CoDDnission- ers and order the owner to pay current costs of $8,071.25. k) p I .----' . , \ ./ /"' ~ . . ..c~~.:? Signature Contact person: Larrv E. Reed Phone: (714) 384-5357 Supporting data attached: Appeal, Staff Report, BBC Order Ward: Correction Notice from Lien Coordinator FUNDING REQUIREMENTS: Amount: $8.071. 2~ Source: (Acct. No.) 001-000-41733 2 (Acct. Descriotion) / Finance:~l )~2_ '/ Council Notes: .6.nlCllnri:::ll l'tarn ~In 3q iIlJ - - ~ 4- _ - CITY OF SAN BERNODINO - REQUEST FO COUNCIL ACTION Sub;ect: STAFF REPORT Appeal of the Findings of the Board of Building commissioners to require the owner to pay the current costs incurred in the amount of $8,071.25. Also the owner is to keep the vacant building boarded and secure and to keep the premises free of debris, trash, and graffiti. The owner shall not rent, lease or occupy the property until all necessary permits are obtained and the property meets 1988 Housing Code Standards. Reauest: The appellant, Common council and that the contractor. Mr. Jim Jones requests that the Mayor and waive all charges because of misrepresentation administrative costs be assessed to the Backaround: 6-21-91 7-19-91 7-20-91 9-6-91 9-18-91 Analvsis: A Notice to Abate Nuisance was mailed to the owner giving ten (10) days to board and secure the property to meet F.H.A. Standards in order to prevent transients from occupying the property, and to remove all trash and debris. No response was received from the owner of record and violations were not corrected. Code Compliance Division ordered a contractor to board and secure the property and remove all trash and debris. Therefore contractor costs were incurred in the amount of $5,924.25 with an additional 40% admini- strative fee for a total cost of $8,071.25. Divi- pur- time and Mr. Jim Jones contacted the Code Compliance sion and stated that the property had been chased from Mr. & Mrs. Frank Foster. At this Mr. Howard Broomfield was informed of previous current abatement costs. Case heard before the Board of Building commission- ers and staff recommendation was adopted. owner filed an appeal to the Mayor and Common Council. The costs incurred were those imposed by the contractor in addition to the administrative fee. (See attached) 75-0264 . ' ~ppeal of Finding~f the BBC for 1432-1446 N~h Mayor and Common Council Meeting October 21, 1991 Page 2 "G" street Mavor and Council cctions: Uphold the findings of the and require the owner to pay in the amount of $8,071.25. Board of Building Commissioners the costs incurred by the City OR Identify those charges that would be required to be paid and waive those charges which are believed to be arbitrary or excessive. Recommendation: That the Board of Building Commissioners motion to order the owner to pay current costs in the amount of $8,071.25 and to keep the premises boarded and secure and free from all trash, debris and graffiti, and to not rent, lease or occupy the property until all necessary permits are obtained and the property meets 1988 Housing Code Standards, be upheld. PreDared bY: Debra L. Daniel for Larry E. Reed, Assistant Director Planning & Building Services Attachments: A. Letter of Appeal B. Order of the Board of Building Commissioners C. Correction Notice from Lien Coordinator DLD:bss .I.. L - LI i!ll .00 _______________________FOR OFFICE USE ONLY----------------------- Departments Date/Time Stamp: REC:" ,0" . . origin~l Sent t~~ ~ ~-'1' ('~~- ~ , '91 ~;:p 18 11,10:57 paymlWt Inf9rm"tion: .~'rJ ~~~9~ ----------------------------------------------------------------- CITY OF SAN BERRARDINO NOTICE OF APPEAL ......................IKPOR~ INFORMATION..................... THERE IS AN APPEAL FEE OF $75.00 FOR ALL BUILDING, WEED AND VEHICLE ABATEIIERT APPEALS IlADE TO THE COJIJIOH COUNCIL AND A $106.00 APPEAL FEE FOR ALL PLAHHIHG APPEALS IlADE TO THE COJIJION COUHCIL. *****************************************************.********** Please CODlDlete Paaes One and Two Appeal Filing Date: Name of Appellant: SeDtember 13, 1991 Jim Jones Address of Appellant: ?OliO W ~~n RpTnarrH nn AmI:' :&'1 n, r.nlrnn r.a Q?~?~ Contact Person and Phone Number: Jim Jones home number: 872-8755 875-5746 work number: Type of Appeal (please check one of the following): Planning Appeal Other: "\i . Building Abatement Appeal Weed Abatement Appeal Vehicle Abatement Appeal ~/4 / ?>, /l,//)J 1 . ' o o A VALID APPE,U. MOST INCLUDE THE FOLLOWING INFORHATION: I. Affected Property: 1432 No. G Street San Bernardino. Ca II. State the specific action appealed and the date of that action: 1'ha rh!:l"'goC! .....f ~A. no,:'. ")1; on September 06, 1991 III. State the specific grounds of the appeal: The work stated by the contractor was totally inaccurate boarding on gross misrepresentation contractor stated they boarded 102 windows. there is only 92 windows in the entire complex. He also stated he supplied 13 security doors w/hardware. there is only 11 units. These pictures were taken 09-17-91 2 days before the board-up was to take niece. We can clearly see that the maioritv of windows and Ann,..C! were boarded from September. 1989. IV. State the action(s) sought from the Common Council (Committee or Commission): The contractors bill should be void because of misrepresentation, and the administrative cost should be assessed to the contractor. Attachments or exhibits if any: \ . 'l!.. c:; ,\ ^ ^ \ 4' \"'- .ue 'i signature: 2 . ' - .l .1 o , ' 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 JII IlL o o lARD OF BUXI.IlXNG COHMXSSU oRB ORJ)Ell NO. 1591 llBPORT NO. 763 ORJ)Ell O~ TBB BOARD O~ BUXI.IlXNG COHMXSSXONBRS OF THE CXTY OF SAN BBRNARDINO AtJ'l'BOIlIZXNG TBB ABATBKENT OF A PUBLIC NUISANCE. WHEREAS, pursuant to the San Bernardino Municipal code, Title 15, Chapter 15.28, the Building Official has posted a building(s) located at 1432-1446 North "G" Street , San Bernardino, california, and has notified person(s) having an interest in the above property that the building(s) or premises constitute a public nuisance; WHEREAS, pursuant to San Bernardino Municipal Code) the building Official has served a "Notice of Hearing Before the Board of Building Commissioners of the City of San Bernardino", relating to abatement of said nuisance, to the person(s) 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; and WHEREAS, a hearing was held to receive and consider all relevant evidence, objections or protests on SePtember 6. 1991 and examined the evidence offered by the parties relative to the alleged public nuisance, WHEREAS, the Board of Building Commissioners heard the testimony and examined the evidence offered by the parties relative to the alleged public nuisance, IIII IIII -1- IIII 1 2 3 ~ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2~ 25 26 27 28 ( BOARD 0 BUILDING OP COMMISSIOnaQ ORDBR NO. 1591 REPORT NO. 763 NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOW: SECTION 1. Based upon the evidence submitted, it was found and determined that the building(s) andlor premises located at 1432-1446 North "G" Street, San Bernardino, California, constituted a public nuisance. SECTION 2. Based upon the evidence submitted, it was determined that the City of San Bernardino was required to initiate abatement actions upon which the City incurred costs in the sum of $ 8.096.25 to abate the above property, and that these costs to the City to abate the above property shall be the personal obligation of the owner(s) as well as a lien on the above property. SECTION 3. The owner(s) is directed to keep the vacant building(s) boarded and secure and to keep the premises free of debris, trash, and graffiti. The owner(s) shall not rent, lease or occupy the property until all necessary permits are obtained and property meets 1988 Housing Code Standards. SECTION 4. Any person aggrieved by this order may, within fifteen (15) days after Selltember 6. 19!j1 appeal to the Common Council by filing with the City Clerk a written statement or the order appealed from the specific grounds of appeal and the relief or action sought from the Common Council. IIII CE:102 -2- I B~ OP BUILDING COHKISSIO~ ORDER NO. 1591 REPORT NO. 763 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 6th day of September , 19~, by the following vote, to wit: COMMISSIONERS: AIl IfM ABSTAIN ABSENT Chairman-Herb Pollock x Dan Westwood x Pete Cortez x Jack Hunt x Benjamin Gonzales x Manuel Flores x Gene pensiero x Thomas Chandler x ~~. -L.~ CLERK, BOARD OF BUILDING COMMISSIONERS The foregoing order is SePtember, 1991. this 13th day of CHAI Approved as to form and legal content: :~~rneY IIII IIII CEIBBC . . o o **** NOTICE OP BUILDING ABATEl!EN'r CASE CORRECTION **** /432 - /44~ /L.p-, -: ., ,-- "7 Sin, ,. '.' '/ I ~./. /A ; n"; ~ ~,;, OCT 0, '1;):31 ~(::2 ~~~ ~~)%/IJf!91 ...; .........--.. r~'\ . '-.. Property: Project NOI Code Officer: . I' \ ,'" ! ._~. Document: The following information was found to be incorrect on the above mentioned case/document. Please inform respective staff in order to make the following necessary corrections. ~~d.n~ :/ ~~~ ~~<Y'/- "" h-?"4/N. ~./I" z,A.../ _ ~./K;;~/'ll ~ h~ ~ RIf:Jt:2.~ .#'#~~".,6/ ~ .h ~-.lI/a:J. t),O '-*'41"./ ,. 25/J/J Ld~ ~L:.~1::~ ~.$~IJ~-:~~ If you have any questions regarding the made, please contact me at ext. 5002. Jeanne' Fitzpatrick, Lien Coordinator above corrections to be {( .