HomeMy WebLinkAbout31-Planning and Building
CITY OF SAN BE()IARDINO - REQUESQFOR COUNCIL ACTION
From: Larry E. Reed, Assistant
Director
Dept: Planning and Building Services
Dau: December 2, 1991
. Appeal of Board of Building
SU~~:Commissioners Findings and
Action of September 6, 1991
for property located at 1098
w. 5th St.
Mayor and Common Council Meeting
eof n~v~...~'-Y -4, 1331
Synopsis of Previous Council action:
The Mayor and Common Council directed the Planning and Building
Services Department to reinspect the premises located at 1098
W. 5th Street, and provide the owner Mr. Peters with a list
of all violations with the time specified to correct these
violations.
Recommended motion:
That the Mayor and Common Council uphold the findings of the
Planning and Building Services Department and require Mr. Peters
to obtain all proper permits within 10 days and to correct listed
violations within thirty (30) days. (See attached) In the event
the violations are not corrected within the presribed'period of
time, then the City or person(s) authorized by the-Building Official,
will initiate action to abate the nuisance. OWner to pay all
current and futrure costs incurred by the City in the abatement
of City Code violations and/or nuisance.
S ignatu re
Larry E. Reed
Contactparson:Larrv E. Reed. Assistant Director Phone: (714) 384-5357
Supporting daU attached: Correction List for 1098 W. Ward: 1
5th St.
FUNDING REQUIREMENTS:
Amount$"l?n fin
Source: (Acct. No,) 001-000-41733
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda I tem No
31
revised
CIT" OF SAN BERORDINO - REQUEST ()OR COUNCIL ACTION
From: Larry E. Reed, Assistant Director
Subject: Appeal of Board of Building COImnissioners
Findings and Action of September 6, 1991,
for property located at 1098 W. 5th Street.
Oept: Planning and Building Services
Date: November 26, 1991
Mayor & Common Council meeting of 11-04-91
Synopsis of Previous Council action:
The Mayor and Common Council directed the Planning and Building Services Department
to reinspect the premises located at 1098 W. 5th Street, and provide the owner
Mr. Peters with a list of all violations with the time specified to correct these
violations.
Recommended motion:
~)r'J
That the Mayor and Common Council uphold the findings of the Planning ~d BUilding~~
Services Department and require Mr. Peters to obtain all proper permit to correct
listed violations within thirty (30) days. (See attached) In the even the vio-
lations are not corrected within the prescribed period of time, then the City or
person(s) authorized~~~pe Building Official, will initiate action to abate the
nuisance. Owner ~ ~ all current and future costs in the form of a lien or
a personal obligation of the owner.
rb-/
Signature
Contact person: Larry E. Reed. Assistant Dire"tor
Phone: (71 L.) 1S!L.-~1~7
Supporting data attached: Correction List for 1098 W. 5th St. Ward:
1
FUNDING REQUIREMENTS:
Amount:
$320.60
Source: (Acct. No.) 001-000-41733
Finance:
J
1l!Zf4
(Acct. Descriotion)
Council Notes:
75-0262
Agenda Item No.
31
o 0
CITY OF
San Bernardino
DE'ARTMENT 0' 'LAMNING AND IUILDINQ .IRvIC.S
AL aOUGHEY,AICP
DIRECTOR
Maurice Peters
1098 If. 5th St.
San Bernardino, Ca.
Nov. 25, 1991
Re: Code Violations at 1098 W. 5th Street
Dear Mr. Peters,
During the council meetinc of November 4, 1991, the CitJ
Council directed this Depart_nt to inspect Jour propertJ at the
above referenced address and to provide JOu with a comprehensive
list of violations. On Novelaber 25, 1991, this inspection was
conducted bJ Code Enforce_nt Officer DannJ NoUo, and IDJseU,
Senior Buildinc Inspector Joseph Lease. The violations observed
at this time are as follows:
Electrical Violations
1) Electrical connections made to the hJdraulic lift on the north
side of the building without required permits.(SBMC 15.04.020,
UAC301 (a)) Also, the electrical installation is substandard;
flexible cord maJ not be used in lieu of permanent wiring and
may not be run throuch walls and "J not be attached to the
buildinc's surfaces. (SBMC 15.04.020, NEC 400-8)
2) Unused openincs in the panelboard and in out let boxes must be
properlJ sealed. (SBMC 15.04.020, NEC 110-12)
3) Extension cords used
of permanent wiring.
400-8)
extensively inside of the building in lieu
Removal required. (SBMC 15.04.020, NEC
4) No electrical equipment (e.g. receptacles, wiring, Junction
boxes, -etc.) maJ be located within 18 inches of the floor of the
repair car ace unless listed for Class 1, Division 2 hazardous
location as defined bJ NEC 511-3. Removal required. (SBMC
15.04.020, NEC 511-4 and 511-S(d))
300 NO"TH D STREET SAN 8ER!'\lA"OINO,
CAI.IFOANIA 92411.0001 (11.)1'4-'1'1/10"
.
,
o
o
5) Exposed electrical wires In various locations (e.g. Interior ot
the south wall, exterior ot the south wall, etc.). Wires lIust
be properly terminated and enclosed In approved Junction boxes.
(SBMC 15.04.020, NEC 300-15)
6) Inadequate support ot llgbt tlxture above radiator dip tank.
(SBMC 15.04.020, NEC 410-15)
7) Tbe tlexlble ..tallic conduit wblcb serves tbe air co~ressor
Is disjointed and dallaged, and tbe conductors are exposed.
(SBMC 15.04.020, UAC 104 (e))
8) Tbe cover tor tbe electrical disconnect serving tbe air
compressor I.S IIlsslng, tbus exposing live electrical parts.
(SBMC 15.04.020, NEe 110-17(a))
9) Porcb cover Installed at tbe soutb exit door wltbout required
permit.(SBMC 15.04.020, UBC 301(a))
10) Daaaged llgbt tlxture In tbe restrooll (bas exposed wiring).
(SBMC 15.04.020, UAC 104(e))
11) Substandard electrical connection to bouse trailer at tbe east
end ot tbe lot (l.e. tlexIble cord run over parking lot tor
approxi..tely 130 teet, wltb nUllerous splices and
non-waterproot connection at traller). (SBMC 15.04.020, NEC
400-8, NEC 410-57)
12) Daaaged electrical llgbt tlxture In the ottlce at tbe soutb
side ot the building (exposed electrical wiring). Also, llgbt,
switch, and associated Wiring bas recently been Installed
wltbout required perm1ts.(SBMC 15.04.020, UAC 104(e) and
301(a))
ProDertv Maintenance Vlolatlons.CSBMC 15.24.050)
13) Broken windows.
14) Tbe toilet In the restroom Is broken and tbe urinal drain Is
stopped up.
15) Grattiti on tbe building.
16) Tbe exterior ot the building needs painted.
..
o
o
17) The small house trailer at the east end of the lot is used for
human habitation.
The block wall at the north side of the lot is damaged. Also,
the chain link fences are damaged or improperly installed (i.e.
wood posts used with chain link fencing).
19) Debris and salvage items stored on the lot.
18)
20) Asphalt paving damaged at various locations.
21) Damaged pole sign at the southwest corner of the lot.
22) Approximately 12' X 12' X 8' deep hole has been excavated in
parking lot. Must be =ackfilled, compacted and repaved.
Miscellaneous
23) The hydraulic lift on the north side of the building must be
removed, since all repair work must be conducted inside of
the building and a permit has not been, and cannot be obtained
for the installation. (SBMC 19.06.030)
24) The business known as Amigos Auto Center is illegally
conducting all of its repair work outdoors, since it has no
shop area available to it. Victor's Radiator shop was also
observed repairing vehicles outside of the building. All
repair work must be conducted inside of the building. (SBMC
19.06.030)
25) The abandoned underground gasoline storage tanks must be
removed. A permit for the removal is required from the Fire
Department. (UFC 79.114) This will be reported to the County
Department of Environmental Health for enforcement action.
26) Numerous abandoned vehicles are stored on the lot.
8.36.010)
(SBMC
The above listed violations must be completed within 30 days
of this date and a follow-up inspection obtained from this
Department.
If you should have any questions or require further
clarification, please contact this office during normal business
hours.
Sincerely,
Joseph Lease
Senior Building Inspector
Planning & Building Services Dept.
City of San Bernardino
384-5071
.
o
o
C~ARLES ~. EINDLEY
~.-:~or:1ey at Law
: :224 Eas~ Orange~horpe Avenue
F~a~en~ia, California 92670-5330
'':elephone: 714/579-7381
FAX: 714/579-7377
Bar: CA 55738
A~~orney for M. Rober~ Peters
'Ci ty of San Bernardino,
APPELLAN'r'S OPENING STATEMENT
Appellant
]
]
]
]
]
]
]
]
PROJECT NUMBER: 91-3620
,J. ,.-v-
3 ~ .M.
Robert Peters,
,
'=========================
-- .; Nature of Case
"
,~ This is an appeal to the Common Council of the City
':
lof San Bernardino, California, from the resolution of the Board
was
given
only
three
notice
\
i
,
;
I
1
the I
I
':. :iof Building Commissioners on September 6, 1991.
.1
Resolution of Board of Buildinq Commissioners
Violated Peters' Constitutional Riqhts
~;:: ..
',7
Mr.
Peters
a
day
of
~ 3 : L
meetinq of the Board which was insufficient time for him to
:?
,
. !for the hearing. The Board made their resolution against Mr.
,
prepare I
Peters I
I
M
':"U
Mi thout him being present as he did not attend the hearing.
Mr.
.~o
a
reasonable
had a constitutional right to protect, and he was entitled i
i
\
I
I
i
,
I
I
I
,
notice
of
the
hearing;
three
days
does
not
21 : i
,I
;peters
,
constitute reasonalbe notice.
"
--
This Hearinq Was Continued Prom
November 4, 1991
25
The Common
Council continued this
hearing to this date
inorder for the City Planning and Building Services Department
to reinspect the premises and to notify the appellant of any code
Appellant's Statement
Page 1
1f3/
o
o
1
2
3
4
violations.
The letter informing Mr. Peters of various code
violations at 1098 West 5th Street is dated 'November 25, 1991,
he re,?eived it late Tuesday, the 26th, which gave him two work
5 days prior to this hearing to reply to the alleged violations.
6 It needs also to be noted that the listed violations
7 must be completed within 30 days of November 25, 1991, with
8 a f~llow-up inspection by the city.
9 Electrical Violations
10 This is the first time that Mr. Peters has had written
Il allegations of electrical violations at this location, and he
12 ill immediately consult with and hire an electrition to correct
13 the electrical problems. These are violations .1 through 12
14
15
16
17
18 owever, if the police cannot control the graffiti artists
19 nywhere in this ci fy, how does the city expect a property owner
20 ike Peters from preventing them from practicing their art work
21 n his walls? Other buildings on Mr. Peters' property have
22 ad to have been repainted a minimum of ten times this last
23 ear because of graffiti.
24 As to violation 17, the removal of the small house
25 trailer, a night watchman uses this trailer, and even with
26 him living on the property, in the last eighteen months a
27 conservative $17,000 worth of damage has been done to personal
28 property has been damaged or completely destroyed inclUding
inclusive as denominated on the subject letter to Mr. Peters.
copy of the letter is attached hereto.
Property Maintenance Violations
There is no problem in violations 13, 14, 15 and 16~
Appellant's Statement
Page 2
1
2
3
.{
5
6
7
8
9
10
1l
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2i
28
o
?
o
180 automobile glass broke~, 30 automobiles damaged or completely
ruined and the theft of anything of value not nailed down. Car
batteries have been stolen by the dozens, and }f one is 1eft in an
autom?bile, it is gone over night.
A picture is being pai?ted about what takes place with
the night watchman living on th~ property. If he wasn't there at
night, absolutely nothing would be safe from thieves.
If the Council can guaranty around the clock police
protection of both the buildings and' the personal property
belonging to the appellant and his renters" the night watchman
and his trailer will be removed immediately without question.
However, it is doubtful that this council will make such a
guaranty; so it is respectfully requested that no further issue
be made about the trailer and the night watchman. The appellant
agrees that the electrical wiring to the trailer should be made
safe, and he will see that it is.
Violations denominated as 18 through 22 can be
corrected, but they obviously show that Mr. Peters' property
has deliberately been overly inspected to find a defect no matter
how small or how. it would affect the health and welfare of his
neighbors.
Miscelleneous violations
Violations 23, 24 and 26 may be violations in accordance
wi th certain City Ordinances, but for the city to prevent any
repair work on automobiles to be done outside and not in an
enclosed building is a flaqrant violation of a property owner's
consti tutional rights and those of his renters. Cars have been
stored on this property and repair work on automobiles has been
Appellant's Statement
Page 3
o
o
1 done outside for the last fifty~four years includinq the
2 thirty-seven years your appellant has owned the property.
3 Why is it that this is the first time in those
4 fifty-four years that, to the best of appellant's knowledge
5 and belief, a citation has been given for this alleged violation?
6 Is it because the present city government has no respect for
7 its citizens' constitutional righ~s?
8
9
10
11
Even the ci tizens of San Bernardino should have the
vested riqht under the United States Constitution to use and
enjoy their property as lonq as the health and welfare of their
.not
neiqhbors are/placed in jeopardy.
12 As to violation 25, this underground tank has not been
13 used for many years, and it is not doing any damage to the
14
15
16
17
18
19
20
envirornent,' but if it has to be removed for some leqi timate reason'
efforts will be made to do it.
Points and Authorities
Calder -v- Bull 3 Dall (US) 386 1 L Ed 648 and Gulf
C & SFR Co -v-Ellis 165 US 150 40 L Ed 666 17 S Ct 255, The
Supreme Court stated that the people of the united States enacted
their constitution or form of government to establish justice,
to promote the general welfare, to secure the blessings of
liberty, and to protect their persons and property from violence.
Plumas Countv -v- Wheeler 149 C 758 87 P 909 and
Laurel Hill Cemeterv -v- San Francisco 152 C 464 93 P 70 Local
ordiences passed under the police power, like all applicati"ons
of that power must have a reasonable relation to that object.
21
22
23
24
Miller -v- Board of Public Works 195 C 477 234 P
ill A valid exercise of the police power may not be arbitrary,
iilnreasonable or discriminatory., and must not amount to an
improper 'or arbetrary infrinqement of the constitutional rights
25 pf individuals. In re Baremore 174 C 286 165 P 50
26
27
28
In re Fuller 15 C2d 425 102 P2d 321 The degree of
~egulation must be commensurate with the evils to be remedied.
IIIIIIIIII
Aoop.llant's ~tarp~p~r Paqp' 4
)
o
o
1
2
Miller -v- Mckenna 23 C2d 774 147 P2d 531
constitution provides that all men have the inalienable
of acquiring, possessing and protecting property.
The
right
Factor and Company -v- Kunsman i C2d 446 $5 P2d
177 and Yourself Gas Station 39 C2d 813 249 P2d 545 Are the
4 means reasonably designed to accomplish the results (health
and safety) for the purpose adopted and do they have a substantial
5 relation to the objects sought to be attained.
6
7
8
3
P
as
to
Herminghaus -v- So C.al Edison Company 200 C 81 252
607 The police power has not been judicially expanded so
to invest the legislature department with arbitrary power
destroy vested rights in private property.
Sing Lee, Ex Parte 96 C 364 31 P 245 State Savings
9 Bank -v- Anderson 165 C 437 132 P 755 police power must be
reasonable and free of oppression.
10
McKay Jewelers Inc. -v- Bawron 19 C2d 595 122 P2d
11 ill The legislature may not, under the guise of. the police
power, impose uneccessary and unreasonable restrictions on the
12 ~se of private property, in the pursuit of useful.activities, or
~he conduct of a lawful and useful occupation or business that is
13 ~ot by its nature or because of the way in which it is carried
pn, injurious to persons or property or to the public health,
14 ~onvenience, comfort, safety or morals. Whitewell. Ex Parte
8 P 870 and Dresel, Ex Parte 147 C 763 82 P 429
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated: December 2, 1991
.Respectfully submitted,
~LQ'^
CHARLES T. HINDLEY
Attorney for Appellant
Appellant'S Statement Page 5
o 0
CITY OF
San Bernardino
DEPARTMENT OF PLANNING AND IUILDINO 'KRYle..
AL BOUGHEY.AICP
DIRECTOR
Maurice Peters
1098 W. 5th St.
San Bernardino, Ca.
Nov. 25, 1991
Re: Code Violations at 1098 W. 5th Street
Dear Mr. Peters,
During the council l118etlng of November 4, 1991, the CltJ
Councll directed this Department to inspect Jour propertJ at the
above referenced address and to provide JOu with a co.prehensive
l1st of violat ions. On November 25, 1991, this inspect ion was
conducted by Code Enforce_nt Officer DannJ NoUo, and mJseU,
Senior BUllding Inspector Joseph Lease. The violatlons observed
at this time are as follows:
Electrical Violations
- c.s 1)
1<1
. i . (;
,
Electrical connections made to the hydraulic lift OR the north
side of the building without required permits.(SBMC 15.04.020,
UAC 301 (a)) Also, the electrical installation is substandard;
flexible cord may not be used in lieu of permanent wiring and
may not be run through walls and may not be attached to the
building's surfaces. (SBMC 15.04.020, NEC 400-8)
,(
'lC-J
1v
.,(...
\.
2) Unused openings in the panelboard and in outlet boxes must be
properly sealed. (SBMC 15.04.020, NEC 110-12)
.:,
..<o~
"'.
., .
\
3) Extension cords used
of permanent wiring.
400-8)
extensively inside of the building in lieu
Removal required. (SBMC 15.04.020, NEC
+'7
~./
.:-
, '
,
4) No electrical equipment (e.g. receptacles, wiring, Junction
boxes, etc.) may be located within 18 inches of the floor of the
repair garage unless listed for Class 1, Division 2 hazardous
locat ion as deflned by NEC 511-3. Removal required. (SBMC
15.04.020, NEe 511-4 and 511-6(d))
300 NORTH C' STREET. SAN BERNARDINO,
CALIFORNIA 92"18-0001 (7'..)'......71,...7
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5) Exposed electrical wires in various locations (e.g. interior of
the south wall, exterior of the south wall, etc.). Wires must
be properly terminated and enclosed in approved Junction boxes.
(SBMC 15.04.020, NEC 300-15)
Inadequate support of light fixture above radiator dip tank.
(SBMC 15.04.020, NEC 410-15)
The flexible ~tallic conduit which serves the air co.pressor
is disjointed and damaged, and the conductors are exposed.
(SBMC 15.04.020, UAC 104 (e))
The cover for the electrical disconnect serving the air
coapressor is missing, thus exposing live electrical parts.
(SBMC 15.04.020, NEC 110-11(a))
Porch cover installed at the south exit door without required
permit.(SBMC 15.04.020, UBC 301(a))
Damaged light fixture in the restroom (has exposed wiring).
(SBMC 15.04.020, UAC 104(e))
Substandard electrical connection to house trailer at the east
end of tbe lot (i.e. flexible cord run over parking lot for
approximately 130 feet, witb nuaerous splices and
non-waterproof connection at trailer). (SBMC 15.04.020, NEC
400-8, NEC 410-51)
Damaged electrical light fixture in tbe office at the south
side of tbe building (exposed electrical wiring). Also, ligbt,
switch, and associated wiring bas recently been installed
without required peraits.(SBMC 15.04.020, UAC 104(e) and
301(a))
Propertv Maintenance Violations.CSBMC 15.24.050)
13) Broken windows .
14) The toilet in the restrooa is broken and the urinal drain is
stopped up.
15) Graffiti on the building.
18) The exterior of the building needs painted.
... - . ....
o
o
,-
v
/V
.r"- 17) The small house trailer at the east end of the lot is used for
human habitation.
18) The block wall at the north side of the lot is damaged. Also, v
the chain link fences are damaged or improperly installed (i.e.
wood posts used with chain link fencing).
:~,J~~~-19) Debris and salvage items stored on the lot.
If Jf_/V" 20) Asphalt paving damaged at various locations.
V)- -
21) Damaged pole sign at the southwest corner of the lot.
22) Approximately 12' X 12' X 8' deep hole has been excavated in
parking lot. Must be backfilled, compacted and repaved.
Miscellaneous
,\j.J
23) The hydraulic lift on the north side of the building must be
removed, since all repair work must be conducted inside of
the building and a permit has not been, and cannot be obtained
for the installation. (SBMC 19.06.030)
24) The business known as Amigos Auto Center is illegally
conducting all of its repair work outdoors, since it has no
shop area available to it. Victor's Radiator shop was also
observed repairing vehicles outside of the building. All
repair work must be conducted inside of the building. (SBMC
19.06.030)
i\i ,)
*-
25) The abandoned underground gasoline storage tanks must be
removed. A permit for the removal is required from the Fire
Department. (UFC 79.114) This will be reported to the County
Department of Environmental Health for enforcement action.
26) Numerous abandoned vehicles are stored on the lot.
8.36.010)
(SBMC
The above listed violations must be completed within 30 days
of this date and a follow-up inspection obtained from this
Department.
If you should have any questions or require further
clarification, please contact this office during normal business
hours.
sincerely,
Joseph Lease
Senior Building Inspector
Planning & Building Services Dept.
City of San Bernardino
384-5071
~
v'
~
*-
.;
C)
c~
CHARLES T. HINDLEY
p..~"":orney at Law
: 1224 Eas~ Orangethorpe Avenue
,P1acen~ia, California 92670-5330
- ,
'':!:elephone: il4/579-738l
'FAX: 714/579-7377
Bar: CA 55738
A~torney for M. Robert
Peters
, i~ : \
Appellant
]
]
]
]
]
]
]
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PROJECT NUMBER: 91-3620
'Ci ty of San Bernardino.
APPELLANT'S OPENING STATEMENT
~ ,'-v-
':
3 ~ ;M.
Robert Peters.
"
~ :=========================
~2 : I
,
Nature of Case
"
l'
This is an appeal to the Common Council of the City
'j
,
'iof San Bernardino, California, from the resolution of the Board
'- 'Iof
:i
1E :1
Building Commissioners on September 6, 1991.
~ 7 \ \
Resolution of Board of Building COmmissioners
Violated Peters' Constitutional Rights
:!
,
: ifor the hearing. The Board made their resolution against Mr.
Ii
,I
,iPeters
I
I
;:to a
had a constitutional right to protect, and he was entitled
reasonable
notice
of
the
hearing;
three
days
does
not
~onstitute reasonalbe notice.
:~
This Rearing Was Continued From
November 4, 1991
2';
The Common Council continued this hearing to this date
inorder for the City Planning and Building Services Department
to reinspect the premises and to notify the appellant of any code
Appellant's Statement
Page 1
113/
CJ
CJ
The letter informing Mr. Peters of various code
i
violations at 1098 West 5th Street is dated 'November 25, 1991~
~e rec::eived it late Tuesday, the 26th, which gave him two work
5 days prior to this h~aring to reply to the alleged violations.
6 It needs also to be noted that the listed violations
7 must be completed within 30 da:ys of November 25, 1991, with
8 a f~llow-up inspection by the city.
9 Electrical Violations
10 This is the first time that Mr. Peters has had written
11 allegations of electrical violations at this location, and he
12 ill immediately consult with and hire an electrition to correct
13 the electrical problems. These are violations .1 through 12
14
15
16
17
18 owever, if the police cannot control the graffiti artists
19 nywhere in this ci fy, how does the city expect a property owner
20 ike Peters from preventing them from practicing their art work
21 n his walls? Other buildings on Mr. Peters' property have
22 ad to have been repainted a minimum of ten times this last
23 ear because of graffiti.
24 As to violation 17, the removal of the small house
25 trailer, a night watchman uses this trailer, and ev~n with
26 him living on the property, in the last eighteen months a
27 conservative $17,000 worth of damage has been done to personal
28 property has been damaged or completely destroyed including
1
2
3
4
violations.
nclusive as denominated on the subject letter to Mr. Peters.
copy of the letter is attached hereto.
Property Maintenance Violations
There is no problem in violations 13, 14, 15 and l6~
Appellant's Statement
Page 2
-==
1
2
S
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
CJ
?
c')
180 automobile glass broke~, 30 automobiles damaged or completely
ruined and the theft of anything of value not nailed down. Car
batteries have been stolen by the dozens, and }f one is 1eft in an
autom?bile, it is gone over night.
A picture is being pai?ted about what takes place with
the night watchman living on th~ property. If he wasn't there at
night, absolutely nothing would be safe from thieves.
If the Council can guaranty around the clock police
protection of both the buildings and. the personal property
belonging to the appellant and his renters ,. the night watchman
and his trailer will be removed immediately without question.
However, it is doubtful that this council will make such a
guaranty; so it is respectfUlly requested that no further issue
be made about the trailer and the night watchman.. The appellant
agrees that the electrical wiring to the trailer should be made
safe, and he will see that it is.
violations denominated as 18 through 22 .can be
corrected, but they obviously show that Mr. Peters' property
has deliberately been overly inspected to find a defect no matter
how small or how. it would affect the health and welfare of his
neighbors.
Miscelleneous Violations
Violations 23. 24 and 26 may be violations in accordance
wi th certain City Ordinances, but for the city to prevent any
repair work on automobiles to be done outside and not in an
enclosed building is a flaqrant violation of a property owner's
consti tutional rights and those of his renters. Cars have been
stored on this property and repair work on automobiles bas been
Appellant's Statement
Page 3
1
1
1
1
1
1
.
0 0
done outside for the last fifty~four years including
.
thirty-seven years your appellant has owned the property.
Why is it that this is the first time in t
fiftY-,four years that, to the best of appellant's knowl
and belief, a citation has been given for this alleged violati
Is it because the present city government has no respect
.
7 its citizens' constitutional rights?
8 Even the citizens of San Bernardino should have
9 vested right under the United States Constitution to use
0 en;oy their property as long as the health and welfare of t
-
~ot
1 neighbors are placed in jeopardy.
2 As to violation 25, this underground tank has not
.
3 used for many years, and it is not doing any damage to
.
4 envirornent, but if it has to be removed for some leqitimate r
5 efforts will be made to do it.
16 Points and Authorities
17 Calder -v- Bull 3 Dall (US) 386 1 L Ed 648 and
C & SFR Co -v-Ellis 165 US 150 40 L Ed 666 17 S Ct 255
18 Supreme Court stated that the people of the United States en
their constitution or form of government to establish jus
19 to promote the general welfare, to secure the blessing
liberty, and to protect their persons and property from violen
20
Plumas County -v- Wheeler 149 C 758 87 P 90
21 Laurel Hill Cemeterv -v- San Francisco 152 C 464 93 P 70
ordiences passed under the police power, like all applica
22 of that power must have a reasonable relation to that object.
23 Miller -v- Board of Public Works 195 C 477
381 A valid exercise of the police power may not be arbit
24 ~nreasona,ble or discriminatory. , and must not amount t
~mproper or arbetrary infringement of the constitutional r
25 of individuals. In re Baremore 174 C 286 165 P 50
26 In re Fuller 15 C2d 425 102 P2d 321 The degr
regulation must be commensurate with the evils to be remedied.
27
IIIIIIIIII
28
Aoop.l1Ilnt's RtaT.p.JIIE'1'IT P",qP. 4
the
1
2
S
4
5
6
hose
edge
on?
for
the
and
heir
been
the
eason
Gulf
The
acted
tice,
s of
ceo
9 and
Local
ti'ons
234 P
rary,
o an
ights
ee of
w
-J
'-
1
2
3
~
Miller -v- Mckenna 23 C2d 774 147 P2d 531
constitution provides that all men have the inalienable
of acquiring, possessing and protecting property.
The
right
Factor and Company -v- Kunsman Ii C2d 446 S5 P2d
177 and Yourself Gas Station 39 C2d 813 249 P2d 545 Are the
means reasonably designed to accomplish the results (health
and safety) for the purpose adopted and do they have a substantial
relation to the objects sought to be attained.
4:
6
6
P
7 as
to
8
Herminghaus -v- So C.al Edison Company 200 C 81 252
607 The police power has not been judicially expanded so
to invest the legislature department with arbitrary power
destroy vested rights in private property.
9
10
Sing Lee, Ex Parte 96 C 364 31 P 245 State Savings
Bank -v- Anderson 165 C 437 132 P 755 police power must be
reasonable and free of oppression.
McKay Jewelers Inc. -v- Bawron 19 C2d 595 122 P2d
11 543 The legislature may not, under the guise of. the police
. iPower, impose uneccessary and unreasonable restrictions on the
12 ~se of private property, in the pursuit of useful activities. or
the conduct of a lawful and useful occupation or business that is
13 ~ot by its nature or because of the way in which it is carried
n, injurious to persons or property or to the public health,
14: onvenience, comfort, safety or morals. Whitewell, Ex Parte
8 P 870 and Dresel, Ex Parte 147 C 763 82 P 429
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated: December 2, 1991
_.e.pe~~
CHARLES T. HINDLEY
Attorney for Appellant
Appellant'S Statement Page 5
Q 0
CITY OF
San l)ernardino
DE'ARTMENT OF 'LANNING AND IUILDINQ ...RYICEI
AL BOUGHEY.AICP
DIRECTOR
Maurice Peters
1098 W. 5th St.
San Bernardino, Ca.
Nov. 25, 1991
Re: Code Violations at 1098 W. 5th Street
Dear Mr. Peters.
During the council Dleeting of Novellber 4, 1991, the City
Council directed this Depart.ent to inspect your property at the
above referenced address and to provide you with a co~rehensive
list of violat ions. On November 25, 1991, this inspection was
conducted by Code Enforce.ent Officer Danny Nollo, and myself,
Senior Building Inspector Joseph Lease. The violations observed
at this time are as follows:
Electrical Violations
. r.) 1)
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.101
Electrical connections ..de to the hydraulic lift OR the north
side of the building without required permits. (SBMC 15.04.020,
UAC 301 (a)) Also, the electrical installation is substandard;
flexible cord may not be used in lieu of permanent wiring and
may not be run through walls and ..y not be attached to the
building's surfaces. (SBMC 15.04.020, NEC 400-8)
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2) Unused openings in the panelboard and in outlet boxes IIUSt be
properly sealed. (SBMC 15.04.020, NEC 110-12)
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3) Extension cords used
of permanent wiring.
400-8)
extensively inside of the building in lieu
Removal required. (SBMC 15.04.020, NEC
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4) No electrical equip_nt (e.g. receptacles, wiring, Junction
boxes, etc.) may be located within 18 inches of the floor of the
repair garage unless listed for Class 1, Division 2 hazardous
location as defined by NEC 511-3. Removal required. (SBMC
15.04.020, NEC 511-4 and 511-6(d))
300 NORTH 0 STREET, SAN BERNARDINO.
C A L I FOR N I A 9 2 " 1 8 . 0 0 0 1 (1 1 4 >> 3. 4 . 1071 I I . . 7
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5) Exposed electrical wires in various locations (e.g. interior of
the south wall, exterior of the south wall, etc.). Wires must
be properly terminated and enclosed in approved Junction boxes.
(SBMC 15.04.020, NEC 300-15)
6) Inadequate support of light fixture above radiator dip tank.
(SBMC 15.04.020, NEC 410-15)
The flexible metallic conduit which serves the air co.pressor
is disjointed and damaged, and the conductors are exposed.
(SBMC 15.04.020, UAC 104 (e))
8) The cover for the electrical disconnect serving the air
compressor is missing, thus exposing live electrical parts.
(SBMC 15.04.020, NEC 110-17(a))
9) Porch cover installed at the south exit door without required
permit. (SBMC 15.04.020, UBC 301(a))
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Damaged light fixture in the restroom (has exposed wiring).
(SBMC 15.04.020, UAC 104(e))
11)
Substandard electrical connection to house trailer at the east
end of the lot (1.e. flexible cord run over parking lot for
approximately 130 feet, with numerous splices and
non-waterproof connection at trailer). (SBMC 15.04.020, NEC
400-8, NEC 410-51)
12)
Damaged electrical light fixture in the office at the south
side of the building (exposed electrical wiring). Also, light,
switch, and associated wiring has recently been installed
without required permits.(SBMC 15.04.020, UAC 104(e) and
301(a))
ProDertv Maintenance Violations.CSBMC 15.24.050)
13) Broken windows .
14) The toilet in the restroom is broken and the urinal drain is
stopped up.
15) Graffiti on the building.
16) The exterior of the building needs painted.
,
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.>""'17) The small house tr:iler at the east end of the lot is used for ~
v human habitation.
18) The block wall at the north side of the lot is damaged. Also, v
the chain link fences are damaged or improperly installed (i.e.
wood posts used with chain link fencing).
:J<~oJ.f,' 19)
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21)
Debris and salvage items stored on the lot.
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Asphalt paving damaged at various locations.
Damaged pole sign at the southwest corner of the lot.
22) Approximately 12' X 12' X 8' deep hole has been excavated in
parking lot. Must be backfilled, compacted and repaved.
Miscellaneous
i\J ':)
23) The hydraulic lift on the north side of the building must be
removed, since all repair work must be conducted inside of
the building and a permit has not been, and cannot be obtained
for the installation. (SBMC 19.06.030)
24) The business known as Amigos Auto Center is illegally
conducting all of its repair work outdoors, since it has no
shop area available to it. victor's Radiator shop was also
observed repairing vehicles outside of the building. All
repair work must be conducted inside of the building. (SBMC
19.06.030)
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*
*-
25) The abandoned underground gasoline storage tanks must be
removed. A permit for the removal is required from the Fire
Department. (UFC 79.114) This will be reported to the County
Department of Environmental Health for enforcement action.
26) Numerous abandoned vehicles are stored on the lot.
8.36.010)
(SBMC
The above listed violations must be completed within 30 days
of this date and a follow-up inspection obtained from this
Department. '
If you should have any questions or require further
clarification, please contact this office during normal business
hours.
Sincerely,
Joseph Lease
Senior Building Inspector
Planning & Building Services Dept.
City of San Bernardino
384-5071