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CITY OF SAN BERt4IRDINO - REQUEST Q)R COUNCIL ACTION
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0: Fred Wilson
Acting Director
. Facilities Management
Date: March 2, 1992
Subject: APPEAL OF BOARD OF BUILDING COMMISSIONERS
DECISION -- ABATEMENT OF ABANDONED
VEHICLES FROM 2873 CALIFORNIA --
MR. DAVID NISH
Synopsis of Previous Council action:
NONE
Recommended motion:
O That the appeal of Mr. David Nish relative to the order of the Board of
. Building Conmissioners with regard to the abatement of abandoned vehicles
from the property at 2873 Cal ifornia St., San Bernardino, be denied and
that the decision of the Board of Building Conmissioners be upheld.
Signature
Conteet penon: Fred Wi 1 son
Supporting dele Iueched: Staff Report
Phone: 384-5244
Ward:
FUNDING REQUIREMENTS:
Amount:
Sourea: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
cU Note.:
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CITY ~F SAN BERN~DINO - REQUEST .9R COUNCIL ACTION
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STAFF REPORT
On July 2, 1991 a complaint was received by the Facilities Management Office of
the City of San Bernardino regarding abandoned vehicles on the property at 2B73
California Street, San Bernardino. After investigation, a Courtesy Notice was
issued on July 22, 1991. Two of the five abandoned vehicles were self abated.
On August 7, 1991 a legal ten (10) day "Notice of Intent to Abate and Remove an
Abandoned, Wrecked, Dismantled or Inoperative Vehicle(s) or Part(s) thereof as
a Public Nuisance" was issued and mailed, Certified Mail, to interested
parties.
On August 9, 1991, Mr. David Nish requested a Hearing before the Board of
Building Commissioners. The Hearing was held on February 7, 1992, and the
ruling of the BBC was that Mr. Nish be given 15 days, to clear the property.
He is now contesting that ruling.
It is the feeling of this Department that Mr. Nish has been given ample time (7
months) to correct this problem, and that authority should be given this
Department for an immediate abatement, and to assess the cost for such
abatement to the property owner, Mr. Nish.
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1 BOARD OF BUILOING COMMISSIONERS
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3 Order No. 91 YAP 846-08
4 ORDER OF THE BOARD OF BUILDING aJltISSIONERS OF THE CITY OF SAN BERNARDI
5 AUTHORIZING THE ABATEMENT OF VEHICLES.
6 Whereas, pursuant to the San Bernardino Municipal Code, Title 8, Chapter
7 8.36, the Director of Facilities Management has sent a ten (10) day notice by
8 Certified Mail to the owner of the property that inoperable vehicles
9 constituting a public nuisance must be abated; and
10 Whereas, the owner has requested a hearing before the Board of Building
11 Commissioners and notice of said hearing was properly given; and
12 Whereas, a hearing was held on February 7, 1992 to receive and consider
18 all relevant evidence, objections, or protests; and
14 Whereas, the Board of Building Commissioners heard testimony and
15 examined all evidence offered by the parties relative to the alleged publ ic
16 nuisance,
17 NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING ClM4ISSIONERS OF
18 THE CITY OF SAN BERNARDINO AS FOLLOWS;
19 Section 1. Based upon the evidence presented, the Board of Building
20 Commissioners finds that the inoperable vehicle(s) located on the property
21 listed as 2873 California Street constitute a public nuisance and need to be
22 abated.
23 Section 2. The owner of the property shall remove the inoperable
24 vehicle(s) within -'~ days of the date of this order or the City will abate
25 the vehicle(s) and place a lien against the property for all the costs.
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February 7, 1992
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1 Section 3. Any person aggrieved by this order may appeal to the Common
2 Council of the City of San Bernardino by filing with the City Clerk, within
3 fifteen (15) days of this order, a written statement of the order appealed,
4 the specific grounds of appeal and the relief or action sought from the
5 Common Council.
6 I HEREBY CERTIFY that the foregoing order was duly adopted by the Board
7 of Building Commissioners of the City of San Bernardino at their regularly
8 scheduled meeting held on the 7th day of February 1992 by the following
9 vote, to wit:
10 COMMISSIONERS:
AYE
NAY
ABSTAIN
ABSENT
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Chairman-Herbert Pollock ~
Dan Westwood L
Pete Cortez
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Jack Hunt
Benjamin Gonzales ~
Manue 1 F1 ores
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Gene Pensiero
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Thomas Chandler
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Clerk. B of Building to.missioners
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Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: ~E~
February 7. 1992
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