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RESOLUTION NO. 86-138
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
ADOPTING THE SECOND SUPPLEMENTAL FINDINGS REGARDING THE BOARD OF
3 BUILDING COMMISSIONERS' ABATEMENT PROCEEDINGS IN THE MATTER OF
5055 DAVID WAY, SAN BERNARDINO, CALIFORNIA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor and Common Council of the City of San
7 Bernardino do hereby approve and adopt the Second Supplemental
8 Findings regarding the Board of Building Commissioners' abatement
9 proceedings in the matter of 5055 David Way, San Bernardino,
10 California, a copy of which is attached hereto, marked Exhibit
]] "A" and incorporated herein by reference.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
meeting thereof, held
reaular
15 on the 21st day of
, 1986, by the following
April
16 vote, to wit:
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Council Members
AYES:
Estrada. Reillv. Hernandez.
Marks. Ouiel. Marks. Strickler
NAYS:
None
ABSENT:
None
. h~'lJ~ L1.,,~ _
/ Cit~~l<
The foregoing resolution is hereby approved this~~zt~ day
24 of
, 1986.
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May r of the City of San ~ernardino
April
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Approved as to form:
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28 Ci ty Kt torhey
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DECLARATION
I, JACK ROSEBRAUGH, declare as follows:
1. Declarant is the Director of Building and Safety for the
City of fan Bernardino.
2. That declarant was present during the hearing before the
Mayor and Common Council of the City of San Bernardino of the
appeal of David Hatfield of the Decision of the City Board of
Building Commissioners' decision that Mr. Hatfield was required
to abate the nuisance on his property at 5055 David Way, in the
city of San Bernardino. The nuisance consists of trash and
debris on his property, a circular, concrete slab structure
containing utility installations and certain excavations which
must be brought back to natural grade, or in compliance with the
grading ordinance of the City of San Bernardino.
That during the hearing before the Mayor and Common Council,
the evidence presented to the Council upon which the Mayor and
Common Council based its findings was the same as that presented
to the Board of Building Commissioners. Any testimony which was
received during the hearing before the Mayor and Common Council
was not used to support the findings and conclusions made by the
Mayor and Common Council.
I declare under penalty of perjury that the foregoing is
true and correct.
Dated: March 10, 1986
8Grh €> IT
A
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HEARING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
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OWNER: DAVID HATFIELD
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IN THE MATTER OF
4 5055 DAVID WAY,
SAN BERNARDINO, CALIFORNIA
SECOND SUPPLEMENTAL FINDINGS
7 On February 27, 1986, the Petition for Writ of Mandate filed
8 by Mr. Hatfield was heard in the Superior Court of San Bernardino
9 and the court remanded the matter to the Mayor and Common Council
10 for further proceedings. Pursuant to the instructions of the
11 court, the Mayor and Common Council now make the following second
12 supplemental findings of fact.
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FINDINGS OF FACT
14 1. In making its findings and conclusions of January 6,
15 1986, the Mayor and Common Council relied only on the evidence
16 that had been presented at the Board of Bui\ding Commissioners
17 Hearing. Jack Rosebraugh, the former Director of Building and
18 Safety for the City of San Bernardino, has executed a Declaration
19 to that effect. Said declaration is marked as Exhibit A and
20 at tached hereto.
21 2. The photographs and inspections made on August 11, 1981
22 and January 15, 1982, occurred while Mr. Hatfield was present.
23 On those dates, Mr. Hatfield spoke with the inspector and
24 expressed no objection to the inspector's presence nor the
25 photographing of the subject property. These photographs are
26 attached hereto and marked as Exhibit B. The photographs are
27 numbered individually as 30, 31, 34, 36, 37 and 38. The
28 locations from which the photographs were taken and the
1 inspections made are designated on a map marked as Exhibit C and
2 attached hereto.
3 3. On August 11, 1981; January 15, 1982; August 23, 1985;
4 September 17, 1985; October 17, 1985; November 7, 1985; and
5 January 27, 1986, photographs of the subject premises were taken
6 from various locations off the property. These photographs are
7 attached hereto and marked as Exhibit D. The photographs are
8 numbered individually as 3, 4, 5, 6, 8, 12, 13, 14, 15, 16,
9 17, 18, 32, 33, and 35. A map, attached hereto and marked as
10 Exhibit F, shows the locations from which the photographs were
11 taken.
12 4. Photograph Number 7 taken on November 7, 1985, was taken
13 while the inspector was located on a roadway over which a
14 nonexclusive easement was granted to the City in 1963.
15 5. The photographs numbered 32, 34, 36, and 38 depict the
16 accumulation of trash and debris which has b~en noted by the City
17 inspectors for the last five years.
18 6. The photographs numbered 3, 4, 16, 31, 35, 36, 37 and 38
19 depict the excavations which do not comply with the City's
20 grading ordinance.
21 7. The photographs numbered 3, 4, 12, 13, 14, 15, 16, 31 and
22 32 show the subject concrete structure built within the
23 earthquake zone.
24 8. The photographs numbered 3, 4, 12, 13, 14, 15, 16, 30,
25 32, 34, 35, 36, 37 and 38 show the subject structure with
26 mechanical and utility installations.
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9. The photographs numbered 3, 12, 13, 18, 31 and 32 show
the subject structure with the platform extending over a steep
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1 slope without having any safety protection.
2 10. The photographs numbered 5, 6, 7, 8, 33 and 35 support
3 the finding that there are two residential structures on the
4 single R-1 zoned lot.
5 11. The basis for the Mayor and Common Council decision in
6 this appeal was the written documentation contained in the Board
7 of Building Commissioners records on the subject property and the
8 photographs specified herein, and any other photograph or
9 photographs were cumulative.
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The Mayor and Common Council affirm their findings
11 made on January 6, 1986, based uponn said records and the
12 photographs enumerated in the Second Supplemental Findings.
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