HomeMy WebLinkAbout29-Building & Safety
~
J Jl!I1
.
o
o
c
-
o
o
BERN ARDIN 0 POST OFFICE BOX 131B. SAN BERNARDINO. CALIFORNIA 82402
SHAUNA CLARK
CITY CLERK
John M. Zaragoza
1472 W. 8th Street
San Bernardino, CA 92410
Dear Mr. Zaragoza:
January 20, 1987
At the meeting of the Mayor and Common Council held on
January 19, 1987, a hearing was set for February 16, 1987,
at 10:00 a.m., to consider your appeal for a release of
lien in the amount of $183.03 for administrative charges
incurred by the Department of Building and Safety.
The hearing will be held in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
SC: dc
cc: City Administrator
Building and Safety
Public Services
') I
-I:\-: '-s 2-
Sincerely,
~/ld~;b
,'~HAjJNA CLARK
City Clerk
300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 112418-0121
PHONE (7141 3B3-8002/383~102
~Cf,
~
.JI _
-
.
o
o
o
o
John Mo Zaragoza
1472 W. 8th Street
San Bernardino CA 92410
January 9, 1987
The Honorable Mayor and
Common Council
300 North "D" Street
San Bernardino CA 92418
Honorable Mayor and Council:
On September 8, 1986, the Mayor and Common Council vacated
an order of abatement on my property 1358 W. Fifth Street because
I completed all necessary repairs. However, the administrative
charges incurred by the Department of Building and Safety were
placed as a lien against my prQperty in the amount of $183.03
and this amount appeared on my tax bill.
I am requesting that the lien be released as the evidence
used to substantiate the order of abatement was not accurate.
Please notify me when I receive a hearing before the
Mayor and Council.
Sincerely,
r:~~
.3' fi/- 5-('9..$-
"
l .' -I I T U~ ::>>AN tit:
To Counc11 Menlber Estrada
Subject 1348-58 W. 5th Street
M8Io of Novelllber 13, 1986
AHUIN
CE
etn or UN InNARDlHD
1986 DEe -2 PM 2: 06
MEMORANDfjVI
From James Robbins, Supt.
Building and Safety
Oete December 2, 1986
Apprond
Oete
The following is a listing of the events leading to the assessment of stat..nt of costs
resulting from February 2 complaint received from Council:
Feb. 7 - A correction notice was sent to Mr. Zaragoza indicating code violations. He was
directed to contact this office to discuss a solution to the problem.
" Feb. 19 - 'A Notice of Pendency of Administrative PrOCeedings was filed as a result of
J Mr. Zaragoza not resporicting tu a,e notice of correction on the 7th. This notice makes
public the fact that the city has concerns and may have incurred costs related to those
concerns.
Feb. 21 - Certified letter sent advising of Board of Building Commissioners meeting March 7.
Three letters sent, one accepted.
March 7 - Board of Building Commissioners authorized the abatement of the nuisance.
Section 3 provides that "the expenses thereof made a lien on the lot or parcel of land."
Also, the minutes of the BBC meeting specifically state "costs incurred are to become a
lien upon the property." (Authority San Bernardino Municipal Code 15.28.170, attached)
The decision of the Board was appealed to the Council then on April 21 continued for 90
days.
Sept. 8 - The Council rescinded the Resolution for Abatement order of the Board of Build-
in Commissioners. The removal of ssed or included in the rescind-
ng 0 ea. 0 remove e ien infers ere a em eg n
w, ere was a p lem. The costs identified are authori zed and required to be
charged to the owner by Municipal Code (15.28.050 and 15.28.060).
The Municipal Code (15.28.030) requires a title search to identifY owners of record and
any others having a .terial interest in the property. Our cost is now $150 per title,
then it was $100.
The inspector's and secretary's time is less than actual. Time involved includes taking
the c~plaint, site visit, taking pictures and inspecting site, making attelllpts to contact,
written notices, ...ting tillie, posting of property, second and third site visits to see if
there is cOllpHance, and recordation of activity and f11ing of same.
The cOMpensation and retirement costs are a ,part of salary and justified.
The equipment only includes car and not office equipment.
The ..11ings do not include all 11111ings, only those before the hearing.
The administrative cost does not cover any significant portion of the time spent on this
..tter.
Hearing tillle is established as the time before the Board and offsets the expense of the
Board.
The attorney has spent time at the meeting and prior to the meeting reviewing the material
to be presented. , '
The costs of $183.03 are reasonable and required by code. The appeal time of 30 days of
~costs has ired (SBMC 1.26.010).
~ns, Supe i nt
Building and Safety Department
""'0
WHEN RECORDED RETURN
r:ity Clerk
? O. Box 1318
San Bernardino,
~
-:-- '
fIIJ:} .llIIS\
, .,on'f Of
)t
.
,
"
\
A. ..
-
-
"0
B6-20346.p
svy ,COG DE?
r'
o
TO:
RECORDED IN
OFFICIAL RECORe,::
i986 JUl 2 I PM 2: 03
SAN "r:i,,~ARDINO
CO" CALIF.
t!SA
FT.
[l61'
Cao 92402
NOTICE OF LIEN
(l\batement of Nuisance)
The City of San Bernardino, a ~t!nicipal corporation,
(hereafter .City.) with offices at City Hall, 300 North "D"
Street, San Bernardino, California 92418, gives notice that
it claims a lien for the costs of abatement of a nuisance
upon the real property eescribed belowo This lien is
claimed under the provisions of the San Bernardino Municipal
Code Title 8 or Title 15, and is also based upon authority
of Section 40 of the Charter of the Cityo This notice is
recorded pursuant to Government Code Section 27297,
Take notice that the city has caused a nuisance to be
abated on the property described below, and its Mayor and
Common Council, by action recorded in their official minutes
of Julv 7 , 19 86 , have assessed the cost of
the abatement, and the City-craims a lien on the real prop-
erty for the net expense of the abatement in the sum of
$ 183,03 . That sum, with interest at the rate of
six percent per annum from July 7 , 19 86 , ahall
be a lien upon said real property until it has been paid in
full and discharged of record,
The real property upon which this lien is claimed is
located in the City of San Bernardino, County of San Ber-
nardino, State of California, and is described as follows:
Paddock Sub, Lot 11. Blk 2, Book 16. page 32
Address: 1358 W. 5th street, San Bernardino, CA
Assessors No.:
138 113 08
Name(s) of owner(sl of record:
John M. Zaragoza
147~ w. 6tn Street
San Bernardino, CA 92410
CITY OF SAN BERNARDINO
By ~~~~
SIf1(UN;'. Cl..' , C ty Clerk
Dated:
Julv 14. 1986
Res. No.
86-261
J - ciTY OF ~~
......PARTMFJQ' OF BUILDING AN~" SAFET'o
I.) '."~ROJECT NO. 521
RESOLUTION NO. 1081
SAN BERNARDINO MUNICIP.AL CODE, TITLE 15 EMERGENCY ABATEMENT
The undersigned respectfully submits the following statement of costs incurred by the
City of San Bernardino in abating the public nuisance that existed on the property
located at: 1348 Wo 5th Street, San Bernardino, CA
Owner: Angel Mo Zaragoza
Address: 1571 W. 9th Street, San Bernardino, CA 92410
Assessors No: 138 113 07
More particularly described as:
-
1
-
~ATEMENT OF COSTS
o
Paddock Sub, Lot 12, Blk 2, Book 16, page 32
ITEMIZATION
W/O and/or E/A
Street Dept's Costs:
Labor
Administrative Costs
Building Pennit
Equipment
Material
Dumping
Completed
$
$
$
$
$
$
Building and Safety Dept's Costs:
Title Search $
Special Inspector # $
Inspector's Time 1 hr @ 14.28 $
Secretary's Time 1 hr @ 8.94 $
Comp & Retirement 15% $
Equipment 8 mi @ .25 $
Certified Mailing 2 @ 1.67 x 2 $
P~.ctures 1 @ .90 $
Administrative Costs 10% $
Costs from Previous Hearing $
Hearing Time $
Newspaper Advertisement $
Additional Costs Attorney $
SUB TOTAL $
$
$
TOTAL COSTS $
Jack C. Rosebrauqh
Building & Safety Superintendent
TOTAL
$
Demolition Contract Preparation:
Contractors Costs:
Da te: March 25. 1986
SBMC 15.28
By: ~~ ~
/
100.00
14.28
8.94
4.36
2.00
6.68
.90
13.72
26.00
6.15
183.03
183.03
-
~
-
~
-
tfu,
c
, TRANSCRIPT - VEREI'"'lM DISCUSSION ~ING M. L. KING, JR.
HOLlDi>.lo'- COUNCIL MEETING"'" 1/12/87
Estrada: If the employees want to make this an item,
fine, let them bring it through the proper channels and
we'll deal with it in our negotiations.
o
Schweitzer: Your honor, if I might shed a little bit of
light - I don't know whether the motion was made, I doubt
that it was but a loud and clear message went to the
employees last year from this point. You indicated, and
unfortunately it didn't get in the minutes, but you
indicated that if the Fed. govern. mandates this as a
local holiday, we'd give it to our employees. And that
was the way our employees understood it. The Fed. govern.
did not mandate it, so it's not been mandated. That was
at least said last year.
r
Hernandez: Wait a minute - when are they going to mandate
it?
Schweitzer: They're not going to, they don't intend to
make it.
Hernandez: The Council didn't make that statement. I
don't tecall that statement.
Quiel: I don't recall that statement. That statement
says that if they did that, we would consider it and
that's exactly what was said.
Hernandez: I'd like to listen to those tapes because the
Fed. govern. is not going to impose a holiday on us.
Schweitzer: No, they did not. They granted it as a Fed.
hOliday and they give it to theit employees, but that's
what we told our employees. That's in the MOU. It's not
a Fed. holiday for local govern. employees. I believe,
Mr. Strickler, that you remember that statement was made
and I do.
Quiel: I do, kind of irrespective of that. I feel that
we have compromised our position a little bit by saying
to them when you take it as a floating holiday, take one
of your floating holidays and designate it as this day.
If I were an employee, I'd tell you truthfully and no, I
wouldn't do that. I like the flexibility of the floating
holidays. Secondly, I'd have to sit there and think -
they're going to give it to me eventually, why do it.
Hernandez: That's what bothers me about the City. We're
supposed to be very liberal and very cultural
oriented........... .
Mayor:
govern.
going to
The 15th is the actual
has established the 19th
observe, is that...
birthday, but the Fed.
as the day that they are
Schweitzer: .. .",nb-their 'employees', -that"s dght.
Mayor: And the State?
Schweitzer: I believe it's the same day.
Mayor: The 19th.
Schweitzer: Yes.
Clark: Because of the Monday holiday bill, that's another
piece of legiSlation.
Bennecke: It was my understanding that the breakfast in
the morning at Kola Shannah and the statue thing was all
going to be on the 19th - the statue at 9:39 and the
breakfast at 7:99 a.m. in the morning.
I
-I ft- ~~/
~ftJ ~~~
2/16/87
fiflV
u.
1
.
-
-
o
o
o
:>
Frazier: But that's not associated with...whatever date
that is, I don't recall myself, whatever date that is,
it's not something put on by the City. I think Jack's
question is...
Reilly: If the City is doing anything. That was my
initial question, but if there is going to be an activity
out here that we're not officially involved with...
Bennecke: ...because they wanted the Mayor to speak at
that at 9:39, and of course, that's a Council day. If
there's not a holiday there, it would be difficult, unless
the Council adjourned at 9:39 and participated in that and
then came back...
Quiel: I don't mind giving the employees the opportunity
to participate in that event. I don't know how long it's
going to be. It's not going to be an all day event, is
it?
Bennecke: No, an hour or an hour and a half.
Clark: That's how you do it with Good Friday and with
taking time off for voting. A memo comes around and says
that the employees that want to observe, go to ceremonies,
Mass or whatever, they're allowed to take that time off
just on their word.
Estrada: If there is going to be an activity here, why
can't we just say, "On Monday, between, you know, you're
all invited to attend the services from 9:99 to 19:39 in
the front of City Hall. The Mayor and Council will be
participating and ...... That way it's out here, they're
there and then they come back to work.
Quiel: I think that we have to put it in such a way that
each department head will allow their staff people to
attend that ceremony or function fot that given period of
time but that the department will not shut down for that,
and I think that's all we have to say.
Strickler: I think it kind of makes it difficult for a
guy like Junior that's got garbage collectors out allover
the City and tree trimmers and they're going to stop to
come back downtown for 9:99 and then at 19:99 or at 19:39
go back out on the job? I think that's really going to
cause havoc.
Estrada: If that's the case...
Clark: ...make it two hours off, two hours comp time.
Just like if they have to work during the holiday now.
Strickler: That defeats the purpose - the purpose of it
is to attend a ceremony honoring Martin Luther King, and
if they say, "Well, we're not going to do it then, but
we want to take two hours off later in the day or two
hours off next Christmas, you defeat the purpose."
Quiel: Last time it worked pretty good because they were
all in the late afternoon. In fact, both of those
employees were off work anyway, because they start at 4
and 5 in the morning.
Frazier: What I would like to see happen is that we give
all the employees an opportunity to take advantage of the
hOliday. I don't think that anyone doesn't doubt that the
contribution that Mr. King has made and doesn't have the
greatest of respect for him and I think that given the
opportunity, that the majority of the people would take
-2-
2/16/87
1
o
o
o
o
advantage of the opportunity of honoring his contribution
on that recognized date. But, what I would like to see,
possibly, is that this year we stick to the status quo
of last year and provide the holiday and look at the
feasibility of making it a permanent holiday as we review
our budget for the fiscal year coming up, 87/88.
Quiel: I can't do that, Dan. I can't do that.
Mayor: That will give us 3 to 2. Does that establish...
Frazier: Three to what?
Mayor: That's 3 we give them the holiday and 2 we give
them time off. Does that establish a pattern?
Frazier: No, status quo to this past year's action. I'm
not talking two years back.
Estrada: Maybe I'm reading things wrong, but I think that
either we're going to be at an impasse or it's not going
to fly and...
Strickler: Let's get a motion on the table and then we
can see how it's going to look.
Quiel: Well, I move that the item be tabled.
Strickler: Second.
Quiel: That's all that you can do with it.
Mayor: There's no discussion on a motion to table. All
those in favor say, "Aye".
Hernandez: Well, we have to discuss.
Mayor: There's no discussion on a motion to table.
Hernandez: Well, I make a substitute motion.
Mayor: Well, vote it down.
Hernandez: Substitute motion, substitute motion.
Mayor: There's no substitute on a motion to table. Mr.
Prince, there's no substitute motion on a motion to table?
Prince: I think we've done it in the past, it's up to
your parlimentarian.
Quiel: We have a written policy of rules for the Council.
The motion to table....
Kayor: All those in favor--say,.-"Aye"~
Strickler and Quiel: Aye.
Estrada, Frazier, Hernandez: No.
Mayor: What was yours?
Reilly: No
Mayor: The motion lost.
Quiel: Now, figure out something to do with it.
Reilly: How about, City Hall employees on the 19th out
front and for other employees, two hours off to attend
services elsewhere? Non-City Hall employees. They can go
to Kola Shannah or something like that.
i
-3-
2/16/87
-
o
o
o
o
Estrada: So, you're saying give all City employees two
hours period?
Reilly: Yes, I'd like City Hall employees, though, to
come out front on that two hours. Those who are not City
Hall employees, two hours where they choose...
Hernandez: Why don't you make a motion to direct the
Mayor to send a memo to all departments that the employees
are encouraged to participate in the activities out here
in front of City Hall....
(The tape breaks as if someone pushed the wrong buttons
while listening to it. I can hear a child's voice in the
background)
Quiel: you said in recognition to Martin Luther King at
9:39 in front of City Hall.
Mayor: Otherwise it is a regular working day, but
encourage the employees....is this the gist I'm getting?
Reilly: I have to ask Ray a question. Ray, now how is
that going to affect Junior. For instance, would it be
better if we put it that City Hall employees only off and
other employees..... so we wouldn't disrupt.....
Schweitzer: I think we'd better....
Prince: subject to the approval of the department heads.
Schweitzer: Yes. We do have Resolution 6433 which
says... you know, Junior only has about 2 or 3 holidays
that he doesn't work. His people work all the holidays.
Strickler: Yeah, but they get comp time.
Quiel: They get paid for it, Ray.
Schweitzer: That's right, but my point is that the
landfill is open, the County is not going to take the day
as a holiday, so we ought to make it a working holiday.
They're out there at 6:39 in the morning, there's no sense
in bringing trash trucks back to City Hall.
Quiel: All employees working within City Hall will be
allowed to participate in the ceremony.
Strickler: Well, what are we going to do
Department and the Police Department now.
going to shut down the Police Department
here for a couple hours?
about the Fire
Are they all
and come over
Schweitzer:
encourage the
holiday.
There would be no impact if you would just
City Hall employees and don't declare it a
Quiel: And the directive is also not to close the
department for observance of that; irrespective if the
department head himself has to stay there, I'm sorry.
Hernandez: Are the trash collectors on an incentive
program?
Schweitzer: Not any more.
Hernandez: They work a straight 8 hours.
Schweitzer: They work a straight 8 hours, yes.
-4-
2/16/87
!It
o
o
o
o
Hernandez: So, it they're delivering a garbage truck they
have to go to Colton so they stop here to observe, what's
wrong with that?
Schweitzer: If we made it with the permission of their
supervisors, don't you think, we can talk to Junior in
terms of allowing as many as possible to participate.
Hernandez: Not everybody is going to participate, let's
face it.
Mayor: I was amazed, last year we had the holiday and I
was dismayed at the few City employees who were in front
of the statue when we had the ceremony. I was dismayed.
Esttada: They were shopping at Central City Mall.
Mayor: I don't think they were there. They were on a
long weekend. I was really disappointed that they did not
use that holiday for the observance fot which we gave it
to them.
Quiel: The memo says that no department will close
because of those activities.
Reilly: Okay, that would be my motion.
Mayor: We already have a motion.
Hernandez: Can you read the motion?
Clark: to direct the Mayor to send a memo to all
departments that employees are encouraged to attend
activities at City Hall on a specified date and time and
no department will close because of these activities.
Hernandez: That's it.
Strickler: Aren't you going to set the time?
Clark: I don't know the time. They need time to find out
the time.
Frazier: Does that motion say for activities provided
outside of City Hall?
Clark: Yes.
Frazier: Question - this will be a permanent action or
just this year.
All: Just this year.
Mayor: I do have a question. 'There maybe those who, not
all of our employees live in the City, and there may be
other areas where they're having observances later on.
Quiel: Mayor, I could say that in the morning I want to
attend the services...but we're not going to do that.
Frazier: ...that's why I was raising the question of
whether it's a permanent thing or not. If it's not, we'd
be assuming that the group is going to be having it every
year from here on out.
Clark: It's just like when you have Flag Day ceremonies
or the lighting of the Christmas tree that you do every
year and employees can go if they want.
Mayor: I didn't hear in the motion, that this is a one
time only. Is that what he said.
-5-
2/16/87
..l.-
c'
o
o
o
Reilly: I would include that it's for this year only.
Frazier: Recognizing that it's obvious that the vote is
not here to make this a full holiday, be it on a one-time
basis again only, normally I'm not for getting what you
can get, what you want....
Hernandez: Dan, if it's not in the budget, it's pretty
hard.. .
Frazier: Under the circumstances, I will vote in support
of this action only because I realize that the vote is not
here for any more.
Bennecke: This question will arise, so therefore I have
to ask it, - a department of 19 people, 9 want to go to
the ceremonies. You have to.....
Mayor: The department head will have to stay, that's his
job.
Quiel: The department head has the responsibility to keep
his department open with a skeleton crew. If he has 19 in
there and he needs 2 to keep it open, then I'm sorry, he
has to keep open.
Bennecke: My question is those two - they in essence have
to stay behind when...
Mayor: ItOs the department head's responsibility - how
Bennecke: If staff is required, do they get compensated
time?
All: No.
Quiel: If, in fact, there's 19 people and they say that
they can get by skeleton with 2, then they draw lots as to
who the 8 are that get to go to the ceremony.
Mayor: Question.
Unanimous: Ayes
Clark: Any noes?
Silence.
Quiel talking to Frazier: Do you want your statements
spread across the record?
Strickler: Can I bring up something, Mayor, because I'm
going to have to....
Frazier: I want my statements spread across the record,
Shauna.
Strickler: We have an opening on the Ways and Means
Committee since Mr. Marks left..........
-6-
2/16/87