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HomeMy WebLinkAbout35-Planning and Building CITY OF SAN BERNflaDINO - REQUEST ~ COUNCIL ACTION From: Larry E. Reed, Assistant Director Subject: Appeal of Board of Building Cononissioners Findings and Action of 8-16-91 for prop- erty located at 1087 N. Mt. Vernon Avenue Dept: Planning & Building Services Date: October 10, 1991 Mayor & Cononon Council Meeting of 10-21-91 Synopsis of Previous Council action: Item was scheduled for October 7, 199/meeting but was continued to the October 21,1991 meeting. Recommended motion: That the Mayor and Cononon Council uphold the findings of the Board of Building Cononissioners and require owner to obtain City's permits for demolition of all abandoned structures and signs. 4; ,~~ S ignatu re Contact person: Larrv E. Reed Phone: (714) 1114-~1~7 Supponing data attached: Anneal. Staff Renort. BBC Order Ward: 6 FUNDING REOUIREMENTS: Amount: $476.20 Source: (Acct. No.) 001-000-41733 (Acct. Descriotion) J Finance:~ lllY Council Notes: . ~.c)" CITY,OF SAN BERNAODINO - RE!QUEST FcQ COUNCIL ACTION Sub;ect: STAFF REPORT 'r Appeal of the Findings of the Board of Building Commissioners to require the subject property to be demolished. Reauest: The appe1ant, Mr. Gary Lazar requests that the Mayor and Common Council reverse the decision of the Board of Building Commissioners because of long term and ongoing negotiations with the city and Neighborhood Officials relative to a propmpt reopening of subject property. Backaround: 4-11-91 4-12-91 4-22-91 5-7-91 5-8-91 7-5-91 7-15-91 8-16-91 8-29-91 Analvsis: Inspection made by the Code Compliance Division and found an abandoned gas station with abandoned signs, abandoned gas pumps, abandoned commercial building with overgrown vegetation. Notice to Abate Nuisance sent to the owner with no response. Contacted by Mr. Lazar's agent, and notified of steps being taken to reopen the business. Checked for current business 1icnese or Certificate of Occupancy, of which there was nothing current on subject property. Follow up inspection found the property clear of all debris and vegetation, however the property was not secured. Contacted the owner to install a fence around the property, of which the owner complied. Follow up inspection found the property to be overgrown with vegetation. File created. Taken before the Board of Building Commissioners and ordered for demolition. Appeal made to the Mayor and Common Council to reverse the BBC decision. This property has been vacant for more than (180) days, six 75-0264 Appeal of FindingS~f the BBC for 1087 N. Mt. <;trnon Mayor and Common Council Meeting bctober 7, 1991 (Continued to October 21, 1991 meeting) Page 2 Avenue '\ months as verified by the Water Department and the city Clerk/Business License Division. Representatives for P & N stations has stated negotiations are in the process to reopen the station. However as of 10-11-91, no plans or documentation have been submitted to the Department of Planning and Building Services. Mavor and Council octions: Uphold the and require signs. findings of the Board of Building Commissioners the owner to demolish the abandoned structure and OR Identify those violations that would be required to correct and waive those items that are believed to be arbitrary or excessive. 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 allow the City to initiate action to abate the nuisance, and the owner to pay $476.20 of costs incurred by the city or place a lien on the property or file a personal obligation on the owner. Precared bv: Debra L. Daniel for Larry E. Reed, Assistant Director Planning and Building services Attachments: A. Letter of Appeal B. Order of the Board of Building Commissioners meeting of 8-16-91. DLD:bss -, .- ___________~--<:)-------FOR OFFICE ~~CoPie" ~b.l REGF- .~ . . ... ;::7... USE O~C)---------------------- Date/Time Stamp: Oriqinal Sent to:~ ?,,-,~ r'aA '91 ;-,':S 29 P2 :16 Pa~ent Inf9~tion: ~'<,-.d 1f" lj ~~I!;P; -------------------------------- crn OF SAN BBRRARDIIIO IIOTICE OF APPEAL **********************IHPOR~ IBV"DV&TIOII********************* C- \ TBERB IS All APPEAL PEE OF ~~:. DO", FOR ALL BtJILDIBG, 1IBBD AJI1I) VEHICLE ABAT~ APPEALS - TO TIlE co-nv COwK;.IL AJI1I) A $106.00 APPEAL PEE FOR ALL PLAlOIIIIG APPEALS lI&DB '1'0 '!'JIB CnMMOR COOllCIL. ' ..****..*********..***************.*******...**************..... Please Camnlete Paaes One and TWo Appeal Filinq Date: Name of Appellant: 8/29/91 P & M STATIrn5 - GARY IAZAR Address of Appellant: 12739 Lak@wood Blvd Downey, CA 90242 Contact Person . and Phone Nwnber: JIM HARTLEY work nwnber: 17141 994-4981 X 215 home nwnber: 17141 380-1120 Type of Appeal (please check one of the followinq): Planninq Appeal Other: x Buildinq Abatement Appeal Weed Abatement Appeal Vehicle Abatement Appeal 1 , A VALID APPBAIOs'J! INCLUDE THE POLLOWDIG~'.I!IOlh I. Affected Property: 1087 Mt. Vernon San Bernardino II. State the specific action appealed and the date of that action: Order of the Board of Buildinq ~nmm;.C;~"A~C M 1574 dated Auqust 19. 1991 III. State the specific grounds of the appeal: We hav~ lnnq term and on anin9 npqntians with City and Neiahbahood officials relative to a oromct reocenina of ~hi~ hn~in~~R_ IV. State the action(s) sought from the Common Council (Committee or Commission): ~~~ ~npy n~ 'A~~ap dated Auau~t 2R. 1qq1 ~n ~hp ~n~r~ of Commissioners. attached. Attachments or exhibits if any: Signature: / 2 ' P & M Stations -;;oc;"t~......._..,. . .... ., . . . o P & M SERVICE STATIONS. IN<O 12739 LAKEWOOD BLVD. DOWNEy, CALIFORNIA 90242 "' (213) 927.5339 R:'::I\.!"~' . . ....,. "91 ;.',.."9 P_' :16 .1-'; L AUjJUst 26. 1991 CITY OF SAN BERNARDINO BOARD OF BUILDING COMMISSIONERS 300 NORTH D STREET SAN BERNARDINO. CALIFORNIA 92416 - 0001 , ORDER NO. 1574 REPORT NO. 3699 Gentlemen: Please re8ister this correspondence as a protest to the action taken by the Board of Building Commissioners on August 16. 1991 regardin8 the abatement of the property located at 1067 N, Mt, Vernon Avenue, San Bernardino. California. P & M Service Stations on behalf of 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 4// ~~ George W. Gallo Vice President cc: Gary Lazar J. H. Hartley l;lUAiU .-"_J.~J.JJ..1"4u \wut"'.:"\.\..r'.- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDBR 0 THE BOARD 01' BUILDING coOzSSIOlfBRS 01' THE CITY 01' SAN BERNARDINO AUTHORIZING THE ABATEMENT 01' A PUBLIC NUISANCE 3899 ORDBR NO. 1574 REPORT NO. 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 Au~ust 16 , 1991; 21 and 22 23 testimony and 24 25 26 27 28 Building WHEREAS, The Board of Commissioners heard the examined the evidence offered by the parties relative to such alleged public nuisance, NOW, THEREI'ORE, BB IT RESOLVED BY THB BOARD 01' BUILDING COMKISSIOlfBRS 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 BOARD OF .DING COMKlSSIO~ERS ORDER 01' 'f""'I BOARD 01' BUILDING COMMIQ-NERS . ORDER NO. ~574 REPORT NO. 3899 . . 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 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 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 ORDBR NO. 1574 o REPORT NO. 3899 I HEREBY CERTIFY that the toreqoinq order was duly adopted by the Board ot Buildinq Commissioners of the City of San Bernardino at a special meetinq thereot, held on the 16th day ot August , 19 91 , by the fOllowinq vote, to wit: The toreqoinq order All ill G" , 1991. ~~ -~.~ CLERK, BOARD OF BUILDING COMMISSIONERS is hereby .~ved this ~ day of ClfAI....~ijF ~c:otIIaSSIO.ERS Approved as to torm and leqal content: - JAMES F. PENMAN, City Attorney B~; 'S. ...,<.:tt~J':'7')~"~~ IIII IIII CE/BBC CITY.OF SAN BERNQ.DINO - REQUEST ~ COUNCIL ACTION Fn' Larry E. Reed, Assistand Director D~ Planning and Building Services Subject: Appeal of Board of Building Counnissioners Findings and Action of 8-16-91 for prop- erty located at 1087 N. Mt. Vernon Avenue Date: September 25, 1991 Synopsis of Previous Council action: Mayor and Common Council Meeting October 7, 1991 No previous Council action. ~ecommended motion: o Uphold the findings of the Board of Building Counnissioners and require owner to obtain proper permits for demolition of all abandoned structure(s) and sign(s). 4 r:-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 (Acct. Descriotion) Finance: Oil Notes: //}_7_ A/ .#~O- Aoenda Item NO.~ CITY OF SAN BER~RDINO - REQUEST ~R COUNCIL ACTION . c o o 75-0264 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. Appe~l of Mayor and Page 2 . Findings of the ~ for 1087 N. Mt. Vernon Avenue<=> Common Council Meeting October 7, 1991 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. Letter of Appeal to Mayor and Common Council B. Order of the Board of Building Commissioners Meeting of 8-16-91 LER:bss o o o -----------~-l:i-------FOR OPPICE De~~~' Copi... rf::t:/!h USE O~---------------------- Date/Time Stamp: RECt'"- -~ - Original Sent to:~ /'-/:p r'aA '91 ..,- ~o p ~,--:16 d_" C:; Pa~ent InfQrmation: ~'J'd 1'r ~ ~t:;6"t; , -------------------------------------------------- CI'l'!" OP SAN BERRARDIliO NOTICE OF APPEAL **********************DIPORTAR'r IREORMATIOR********************* C- · 'mERE IS Alf APPEAL FEE OF ~~~.09/ FOR ALL BUILDIBG, WEED AlfD VEHICLE ABA'rEIIDI'l APPEALS .' 'rO 'rIlE C01f1lmt C01DfCIL AlfD A $106.00 APPEAL PEE FOR ALL PLANRIBG APPEALS lIADE 'rO 'rIlE CmnfOR COOllCIL. ' ***......****************************************************... Please Comolete paaes One and TWo o Appeal Filing Date: Name of Appellant: 8/29/91 P & M STATICNS - GARY IAZAR Address of Appellant: 12739 Lakew~od Blvd Downey, CA 90242 Contact Person and Phone Number: JIM HARTLEY work number: 1714\ 994-4981 X 215 home number: 1714\ 380-1120 Type of Appeal (please check one of the following): x Planning Appeal Building Abatement Appeal Weed Abatement Appeal Vehicle Abatement Appeal Other: o 1 o o o ." A VALID APPEAJ()uST INCLUDE THE P'OLLOWI~TION: 1. Affected Property: 1087 Mt. Vernon San Bernardino II. State the specific action appealed and the date of that action: Order of the Board of Buildin9 rnmm;aC;~"Ara M 1574 dated Auqust 19. 1991 III. State the specific qrounds of the appeal: We have lnnq term and on aninq n~qntians with Citv and Neiahbahood officials relative to a prompt reocenina of this business. IV. State the action(s) souqht from the Common Council (Committee or Commission): ~AA ~~py n~ 'A~~AP dated Auat]~~ 2R. ,QQ1 ~n ~h~ Rn~r~ of Commissioners. attached. Attachments or exhibits if any: / /.-, Signature: 2 . P & M Stations o o o . P & M SERVICE STATIONS. !NO 12739 LAKEWOOD BLVD. DOWNEY. CALIFORNIA 90242 -0 1213) 927.5339 ?~"l:".!"-. :"\-..- . ....,. "91 rl';~ 29 P 2 :16 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 or 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 of 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 /-1,/&4 George W. Gallo Vice President cc: Gary Lazar J. H. Hartley o o o -....----..- --..-..------ -..- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER~ THE BOARD OP BUILDING C~ISSIONERS OP THE~TY OP SAN BERNARDINO AUTHORIZING THB ABATEMENT OP A PUBLIC NUISANCE 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; 21 and 22 23 testimony and 24 25 26 27 28 WHEREAS, The Board of Building Commissioners heard the examined the evidence offered by the parties relative to such alleged public nuisance, NOW, THEREPORE, BB IT RESOLVED BY THE BOARD OP BUILDING COMMISSIONERS OP THE CITY OP SAN BERNARDINO AS FOLLOWS: - 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 o o ~:..,;",,-....._ ""...;."U""4.0~..Vi'l...l\.':' ORDER OF ~ BOARD OF BUILDING COMMI~~NERS . ORDER NO.~ REPORT NO. 3899 V . . 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 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 AUlZust 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 OJUlBR NO. 15740. RBPOR'l' NO. 3899 o I HEREBY CERTIFY that the foregoing order was duly adopted 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 91 , by the following vote, to wit: COMMISSIONERS I UI DI ABSTAIN ABSENT Chairman-Herb Pollock -lL Dan Westwood -L. Pete Cortez x Jack Hunt ~ Benjamin Gonzales -lL Manuel Flores ...lL Gene pensiero ~ Thomas Chandler ~ o ~~ -".~ CLERK, BOARD OF BUILDING COMMISSIONERS The foregoing order is hereby AllillQt" , 1991. ....lltb day 0 f CHAIRMAN, Approved as to form and legal content: - JAMES F. PENMAN, City Attorney - " ( BY~,; '). ..,I.::.,{L,. ':7'>('" J IIII IIII CEIBBC o CillFORNIA TARGET ENTERPRISES, INC. o 12739 Lakewood Boulevard Downey. California 90242 (213) 927-5339 (714) 994-4981 October 3, 1991 Hr. Alonza L. Thompson, Exalted Ruler Arrowhead Elks Lodge No. 896 P. O. Box 7269 San Bernardino, CA 92411 Dear Hr. Thompson: ( Brother John Haxwell has informed me of his recent meeting with you and Hr. George Gallo, relating to the California Target Enterprises, Inc., service station located at 1097 North Mt. Vernon, adjacent to your Lodge building in San Bernardino. Inasmuch as Hr. Gallo was fortunate enough to be able to take a well-deserved early retirement, I am writing to you to assure you of our intentions to upgrade the service station facility and be an asset to the community--providing we can come to terms with the city. Brother Maxwell said you understandably have some concerns, some of which specifically are (1) heightening the perimeter wall to prevent unwanted people from climbing over it, (2) enclosing the area between the rear wall of the building and the perimeter wall, (3) upgrading the lighting for the parking area and (4) beautification of the building relative to paint and equipment. We are agreeable to making these improvements and more, bearing in mind we will be working within city gUidelines and reqUirements. We will very much appreciate your support and your Lodge members' support to help us gain city approval to allow us to refurbish and operate this business. Winning the City Council's approval is step one in causing this reopening to happen. We then must work with the city Planning Department, Building Department and other governmental entities to accomplish our mutual goal. 6~~1 - o o Y' .. Mr. Alonza L. Thompson, Exhalted Ruler Page 2 The City Council meeting is scheduled for 9:00 a.m. October 7, 1991. Brother Maxwell and Barbara Prochnow, our Real Estate Manager, will be representing our company at the meeting. It is necessary I be elsewhere at this time or I too would be there. Again, your support will be much appreciated. If you can attend the meeting to demonstrate such support, perhaps we can change this unattractive property into a community asset. ( Brother Maxwell further information. should you have any (714) 994-4981, ext. will be contacting you should you require Please feel free to contact me at any time comments or questions. My phone number is 214. Yours truly, ~~ ames H. Hartley Retail Operatio s Manager cc: Bro. John MaxwelL/ B. J. Prochnow~ D. Grace Lazar ~ ( o o (I), ll- ~CS::";iJ>.~ ARROWHEAD ELKS LODGE NO. 896 1073 No. ML Vernon Ave. P.O.Box 7UfJ San Bernardino, CA 92411 (714) 889-6294 October 18. 1991 Cali~orDia Tar..t Bnt.rpri.... Inc. 12739 Lakewood Blvd. Downe,. CA 90242 ATTN: .7.... H. Hartley. R.ta1 lOpeI' at ion. Manager Dear Mr. Martl.,: We rec.iv.d ,our l.tt.r or Octob.r 3. in whiCh you li.t the i.prov...nt. that you will do at the .tation at 1097 North Mt. V.r..n, in Sa. B.rnardino. w. a,r.. witll th.. but there are .0.. nor. that _ ~..l i.portant. The ,a. pj.pe and i.land. n..d up.radin.. plus the lot n.ed. black topping. We will be k.eping our eyes open to the progress o~ this venture, and will take action again.t any in~ractions. ARROWHBAD BLKS LOOOB #896 ~~~ Alonaa L. ThO.pao'l- a_l t.d Ru 1.1' f3~/).J I~ I