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"CITY OF SAN BI!RNCRDINO - RI!QUI!ST OR COUNCIL ACTION,
From: Manuel P. Moreno, Jr.,
Director of Public Services
Dept: Public Services
Subject: Appeal of Board of Building Cpnmissioners
decision relative to the abatement of
weeds-Irwin Street, south of Rialto Avenue-
Richard A. Gonzalez.
DlIt8: August 25, 1989
Synopsis of Previous Council action:
July 7, 1989 - Board of Building ColllOissioners, adopted Resolution tl307
August 8, 1989 - Mayor and Comnon Council adopted Resolution 189-309
Recommended motion:
That the appeal of Richard A. Gonzalez from the action of the Board
of Building Commissioners confirming the charges for weed abatement
on his property located on Irwin Street, south of Rialto Avenue be
denied.
/l'I1~ f ~ ~
Signature ,
Contact person:
Manuel P. Moreno, Jr.
Phone:
384-5045
Supporting data attached:
Staff Report
Ward:
3
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
(Acct, Descriotion)
Finance:
Council Notas:
75-0262
Agenda I tem No
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'CIT~ OF SAN BERNOIDINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
On April l, 1989, a "Notice to Clean Premises" was mailed to Richard
A. Gonzalez, 3732 Fruitvale Avenue, Oakland, CA 94602, regarding property
Parcel No: Ol36 071 28, located on Irwin Street, south of Rialto Avenue.
A cO'f1Y of the notice is attached as Exhibit "A".
The above parcel required hand work around it's perimeter and this
was done by Ed Martin' s Discing on April 24, 1989, (the hand work
consisted of weed eating at a cost of $20.00. The administration fee of
$75.00 was added to this charge for a total amount due of $95.00).
On June 5, 1989, along with his bill, Mr. Gonzalez was sent a notice
of hearing before the Board of Building Cannissioners scheduled for July
7, 1989 , regarding the assessment costs for the abatement of his parcel.
Mr. Gonzalez's protest was postponed by the Public Services Department
until August 4, 1989, and Mr. Gonzalez was notified of the change of
date. A cO'f1Y of the letter is attached as Exhibit "B".
'The hearing on the assessment on Mr. Gonzalez's property, Parcel No:
Ol36 071 28, was held August 4, 1989. Evidence was presented to the,
Board of Building COIlIDissioners regarding Mr. Gonzalez's abatement and
assessment costs, he was not present at this hearing. Mr. Gonzalez's
name was submitted along ,with others as Exhibit "A" for adoption of
Resolution to place a lien and assessment against the property with the
Recorder and Auditor of the County of San Bernardino, held on August 8,
1989. A cO'f1Y of the Resolutions are attached as Exhibits "C" and "D".
On August lO, 1989, Mr. Gonzalez wrote the Director of Public
Services appealing the decision of the Board of Building COIlIDissioners,
to the Mayor and COIlIIlOn Council.
75-0264
.',
CITVOF_$AN BERN())INO
Exhibit "A"
DEPARTMENT oO-.lIC SERVICES
ABATEMENT SECTION
300 North "0" StrBet
San Bernardino, CA 92418
(7141384-5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
RE: PARCEL 0136 071 ZI
PROPERTY DESCRIPTION: HEARSH SUB S 43.5
FT lOT llLOT 6T 7Z BLK I EX
E 81 FT UNO I/Z INTOT 6 BLK
4 SDK
By virtue of the weed abatement rules and regulations of the City of San Bernardino. San8ernardino Municipal Code Chapter 8.27. you afe hereby
notified to rem~ve horn your property. which is described above. any and all of the items described below which constitute or may constitute a
public nuisance so that the removal thereof is necessary to protect the health and safety of the inhlbitants of said City:
GONZALEZ, RICHARD A
3732 FRUITVALE AVE
OAKLAND CA 94602
[;J Weeds and Grass
kJ Tumbleweeds
n All Debris and
~ Combustible Materials
o
Other (See Belowl
Notice is hereby given pursuant to Section 8.27.040 of the San Bernardino Municipal Code that the Public Services Director of the City of San Bernardino
has determined that a nuisance exists on or abutting the property described in this Notice or on the parkway thereof. The nuisance consists of one
or more- of the following: weeds. sagebrush. chaparral, brush. dry vegetation or vegetation which attains such extensive growth as to become a
fire menace when dry. poison oak or ivy or other plants which are noxious or dangerous. dry grass, stubble. brush. deadwood, dead or diseased
trees. dead or dry palm fronds. fences in disrepair or broken. litter. flammable material which creates a fire hazard. containers. abandoned asphalt
or concrete. rubble or waste materials. You must abate or remove this nuisance within ten (10) days of the date of this notice; otherwise it will
be removed and abated by the City of San Bernardino. in which case the cost for such removal will be assessed upon the property from which.
or.abutting the property from which, said nuisance is removed. Bnd such costs will constitute a tax lien on such lots or land until paid.
Any person objecting to this determination of a nuisance or to the proposed removal and abatement of said nuisance. may file a written protest
with the City Clerk not later than ten (101 days from the date of this Notice. The City Clerk shall transmit such protests promptly to the Board of
Building Commissioners of San Bernardino.
Notice is further given that said protest shall be heard before the Board of Building Commissioners in the Council Chambers at City HIli. 300 North
"0" Street, San Bernardino. California. on the first Friday of the next month after the date of this notice at 9:00 in the morning. If a timely protest
has been filed. you or your agent may appear at said hearing and be heard and may present and hear evidence concerning the proposed abatement.
The Public Services Director has also determined that the property described in this Notice supports the growth of weeds. dead or dry palm fronds
and dry grass which are seasonal and recurrent nuisances that must also be removed and abated hereafter from time to time. Notice of regrowth
of this nuisance during this calendar year will be given without further hearing. Failure to abate such recurring conditions will result in the City abating
such nuisance, in which case the cost of such removal shall constitute a tax lien upon the property described in this Notice until paid. The efficient
and eronomical control of such seasonal and recurrent nuisances may require preventative chemical control of such weeds, weed seeds. and weed
seedlings, and the City may require preventative chemical control of such nuisances.
,
o
If checked here. then the following Notice of Regrowth applies instead:
A "Notice to Clean F'remises." as stated above. was previously mailed to you. declaring a nuisance on the above property. That Notice. which required
removal or abatement of.such nuisance, also declared that substantial regrowth must be abated. The above property was recently inspected. and
the removal of any or all of the following items is required at this time:
D Weeds and Grass
D Tumbleweeds
D Other
,-
You are hereby urged to perform the abatement work indicated within ten 001 days from the date of this Notice. If the property is not cleaned
and the nuisance abated within this time. the City will have the work done to abate the nuisance and will assess the costs thereof as a tax lien
against the property. No hearings are conducted on Notices of Regrowth.
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ABATEMENT COORDINATOR
DEPARTMENT OF PUBLIC SERVICES
17141 384-5045
ABA TEMENT MUST BE COMPLETED
WITHIN TEN DAYS OF THE DATE BELOW:
DATE:
04-01-89
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Exhibit
"B"
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CITY OF
San l)ernardino
pueLIC I.
MANUEL
DIRECTOR
II V I C I .
P M 0
p U . LIe
D . P A . , . . . T
RENO, JR
SERVICES
June 30. 1989
Richard Goozales
2519 York ct.
San Bernardino. CA 924()3
re: APN 136-071-28
Dear Mr. Gonzales:
This is to iJlfonn you that your A'" -: 19l1ellt protest will he heard at
the August 4, 1989 meeting of the Board of atilding Ccmni.ssioners.
not the J~ 7 meeting.
Very t~yours,
i. Pc''.- [f:W:;/Lc/
Lissa Reeder
Abatanent Coordinator
300 NOATH
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S T A E E T
SAN R~R"'AanJ"'^
PRIDE ;
.,N PROG...,RESS
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~xhibit "C" 0
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RF.SOLUTIal NO. l307
RF.SOLUTIal OF THE BOARD OF BUILDING CCtlMISSIalERS OF THE CITY OF SA5
BERNARDINO ASS~lNG CXlSTS OF ABA'l'Dm'll' OF PUBLIC NUISANCE.
WHEREAS, pursuant to the San Bernardino Municipal COde, Title 8, Chapter
8.27, ,the Director of Public Services Clf the City of San Bernardino has given
notice of and thereafter abated a public nuisance found to, exist on the
properties described in Exhibit "An attached to and hereby incorporated in
this resolution: and
WHEREAS, pursuant to San Bernardino Municipal Code, the Director of
Public Services served notice to all property owners listed in Exhibit "A" i of
the hearing before the Board of Building CclIIInissioners of the City of San
Bernardino relating to abatement costs to be assessed the owners and their
right to appear at said hearing and protest the assessment: and
WHEREAS. every property owner against whom an assessment has beer.
proposed has bee~ afforded an opportunity to be heard by the Board of Building
COIIIlIissioners heretofore:
Na<i, THEREFORE, BE IT RESOLVED BY THE BOARD OF BUILDING CXlMMISSIalERS OF
THE CITY OF SAN BERNARDINO AS FOLLCMS:
1. Based upon the evidence submitted by the Director of Public Services
or his representative. it is found and determined that the properties
described in Exhibit "A", constituted a public nuisance which had tp be abated
by the City of the the costs stated in Exhibit "A".
2. These costs should be assessed in the amounts s,et forth in Exhibit
"A": against the respective properties and may be made a personal obligation
of the property owner by cc:mnencement of court proceedings against the owner.
3. Any person aggrieved by this order may appeal to the Comnon Council
by filing with the City Clerk a written statement of the order appealed frOlt,
the specific grounds of appeal and the relief or action sought from the CoIrIncn
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1 council pursuant to the San Bernardino Municipal COde.
2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
3 Board of Building Cannissioners of the City of San Bernardino at a
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regular
meeting thereof / held on the
7th
day of Jul v
1989, by the following vote, to wit:
AYES:
Comnissioners
Miller, Ponder, Gonzales
Flores, Lord
NAYS:
ABSENT :
Heil, Westwood, Hunt
CLERK, BCWU) OF BUILDING CXJIIMISSIctlERS
The foregoing resolution is hereby approved this
7th day of
July
, 1989.
#!3.' (Jfl:J/ .. .
CHAIRMAN, BCWU), OF BUILDING CCtlMISSIONERS
Approved as to form
and legal content:
JAMES F. PENMAN/
City Attorney
By:
2
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_Exh,ioit ,,10
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RESOLUTICN NO. 89-309
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RESOLUTICN OF THE CITY OF SAN BERNARDINO (DqFIRMING COSTS OF ABATDlENT OF
PUBLIC NUISANCES AND IMPOSING LIENS CN CERTAIN REAL PROPERTY LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMI!Nl
WHEREAS, the City of San Bernardino, pursuant to its authority under
Chapter 8.27 of the San Bernardino Municipal Code, did lawfully cause public
nuisances to be abated on the propertiesdeseribed in Exhibit "Aft attached to
and incorporated in this resolution; and
WHEREAS, notice was given to the owners of record of said properties, and
a hearing has heretofore been held to hear protests and assess the costs of ,
said abatement before the Board of Buildin9 Catmissioners.
NCM , THEREFORE, BE IT RESOLVED BY THE MAYCR AND <n'IMC.N{XXJNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLCMS:
12 SECTION 1. Saidc08ts are found to have been incurred by the city
13 PUrsuant to proceedings under the San Bernardino Municipali::lode,and the final
14 statement of costs on file with the City Clerk, is hereby confirmed and
15 adopted as special assessments against the properties listed in Exhibit "Aft
16 hereto.
17 SECTION 2. If said sum is not fully paid to the City Clerk, City Hall,
18 San Bernardino, within five (5) days after mailing a nodce--tothe person or
19 persons having an interest in said property informing said person or persons
20 of the adoption of this resolution as to any such individual parcel, then
21 'said sum shall be and become a lien on ,said property pursuant, to said
22 Municipal Code provisions and applicable laws and smll be collected as a
23 special assessmentS thereon.
24 SECTION 3. In the event any sum is not paid as hereinabove provided, the
25 City Clerk is hereby directed to file a certified ,copy of 'thi:s resolution,
26 inclUding Exhibit "A" showing such sums as remain unpaid, with the Recorder
27 and the Auditor' of the County of San Bernardino, State of California,
28 directing that eash sum be entered as a lien charged against the property as
07-l2-89
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it appears on the current llSl5el581llent rolls, to be!=Ollected at the said time
and in the same manner, subject to the same penalties and interest upon
deliquencies, as the general taxes for the City of San Bernardino are
collected.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Comnon Council of the City of San Bernardino at a regular meeting
thereof, held on the
7th th day of
,
AUqUBt ' , 1989, by the following
vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Minor. Pope-Ludlam. Miller
NAYS:
None
ABSENT :
Council Member Haudsley
~p
~
City Clerk
The foregoing resolution is hereby approved this
day of
August
, 1989
By
Approved as to form
as legal content:
(I, I)
~_ 9 {~
~ City Attorney
28 07-12-89
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