The URL can be used to link to this page

Home My WebLink About51-Planning & Building ,r--.. ,~"..", '. CITY OF SAN BERI~RDINO ... REQUEST ~R COUNCIL ACTION From: Al Boughey, Director Subject: Appeal of Board of Building Commissioners Findings and Action of 8-16-91 for property located at 1095 W. Spruce. Dept: Planning & Building Services Dae: June 18, 1992 Mayor and Common Council Meeting .Tnly ~ ,qq? Synopsis of Previous Council action: August 30, 1991, Board of Building Commissioners action appeal to Mayor and Common Council. October 7, 1991, the Mayor and Common Council continued the item until October 21, 1991. October 21, 1991, the l1ayor and Common Council continued the item until November 4, 1991. November 4, 1991, the l1ayor and COnL'1Ion Council continued the item until May 4, 1992. May 4, 1992, the Mayor and Common Council continued the item until July 6, 1992. Recommended motion: That the l1ayor and Common Council order the owner to obtain all proper permits within ten (10) days and complete demolition within sixty (60) days. After time frame has elasped and owner compliance is not obtained, the City will initiate abatement and property owner will incur all abatement and other related Direct Cost as a lien on the property or a personal obligation. Al Contact person: Al BOUil1hey Phone: 384-5357 Supporting data attached: Staff Report. Appeal & BBC Ward: Order 1 FUNDING REQUIREMENTS: Amount: IJ I r. Source: (Acct. No.1 (Acct. Descriotion) Finance: Council Notes: 75-0262 .dnlCn~'3 1+.......... "-I.... S) CITy,'OF SAN BERN(pINO... REQUEST Fe " : COUNCIL ACTION STAFF REPORT SUBJECT Appeal of the decision of the Board Commissioners requiring the property at 1095 W. Spruce to meet Health and Safety Standards, and to rehabilitate the structure(s) to meet all applicable Building and Safety and property maintenance codes. REOUEST The appellant, Mr. Maurice Peters requests that the Mayor and Common Council waive certain requirements that he believes to be arbitrary and capricious. Mr. Peters believes that he should not have to bring the structure(s) up to current Building and Safety Codes, that the vehicles should be disposed of in an orderly and decent manner, and that all administrative costs should not be assessed. Mr. Peters aiso requests that all Certificates of Occupancy and business licenses be issued immediately. BACKGROUND 5-31-91 Inspection made by the Code Compliance Division. At the time of inspection abandoned vehicles, large amounts of junk, trash and debris were located on the property. Inspection of the structure revealed substandard conditions and hazardous electrical wiring. 7-1-91 Reinspection was made by the Code Compliance Division. At the time of inspection violations observed on the original inspection still existed. A Ten Day Notice to Abate Nuisance was mailed to the owner with no response. 7-11-91 A follow up inspection made by the Code Compliance Division found that the violations still existed and had not been corrected, therefore, the case was presented before the Board of Building Commissioners meeting of August 16, 1991. 8-16-91 Mr. Peters appeared before the BBC and was ordered to correct the violations and abate the nuisances at 1095 W. Spruce. 8-30-91 Appealed to the Mayor and Common Council. 10-7-91 Mayor and Common Council continued appeal until October 21, 1991. 10-21-91 Mayor and Common Council continued appeal until November 4, 1991. -0264 ."^"'- " Appeal of BBC for 1095 W. Spruce Mayor and Common Council Meeting July 6, 1992 Page 2 11-4-91 Mayor and Common Council upheld the decision and findings of the Board of Building Commissioners, requiring the property owner to correct the health and safety violations and rehabilitate the structures to meets all codes: and ordered the premises to be vacated: and that if the property was not rehabilitated within six months the order of demolition would take place, continuing the item until May 4, 1992. ACTION PLAN City staff is planning on inspecting the property a few days prior to the Council meeting and providing a written report of the result of the inspection. The owner as of the date of this staff report has not obtained any permits to either rehabilitate or demolish the premises. The building is still in place and the premises continues to be in approximately the same condition as when cited for City code violations. RECOMMENDATION That the Mayor and Common Council order the owner to obtain all proper permits within ten (10) days and complete demolition within sixty (60) days. After time frame has elapsed and owner compliance is not obtained, the City will initiate abatement and property owner will incur all abatement and other related Direct Cost as a lien on the property or a personal obligation. Prepared by: Debra L. Daniel for Al Boughey, Director Planning and Building Services A. Letter of Appeal to Mayor and Common Council B. Order of the Board of Building Commissioners Attachment: LER:das '.. ,. ~ .~- ---------- FOR OFFICE USB ORLY----~- ~- Dep ents . Copies: Date/Time Stamp: . RECEIV~!).-~:'~Y '~'.EFi<' Oriqinal .SZnt t~d xL- /?-' l' ~ '91 P,UG 30 P 3 :55 p~ent I~ormation: ~">'- ~ b3"~" of -------- --- ern- O!' SAH BBRHARDIRO NOTICB OF APPBAL **********************IKPOR~ IHFORKATIOH********************* TBBRB IS AN APPEAL !'BE OF $75.00 FOR ALL BUILDING, WEED AND VEHICLE ABA:r.l5lll5lll:r APPnLS JlADB TO THE CrnnrOJil COUHCIL AND A $106.00 APPEAL FEE FOR ALL PLAHHIHG APPnLS lIADB TO THE CODOH COUHCIL. .......*.*...*.**...*********.************.****.**************** Please Comnlete Paces One and Two Appeal Filinq Date: Name of Appellant: u~~. ~ 19q/ j!/). .1( .j?~rc-1! 5 Acldress of Appellant: / () 9 B U/..JL!:1 5, c1.nv /:c~/J...f2.0/lVO f7~ Contact Person ancl Phone Number: work number: tf1 cj UJ J3 home number: Type of Appeal (please check one of the followinq): Planninq Appeal Builclinq Abatement Appeal Weed Abatement Appeal Vehicle Abatement Appeal Other: ~~A~ - .. :'=',,,.; ,-7 1 Attachment "A" ~ '..", " , ...,~ or BUZLDZHG COHHZSSI~ .....4 ORDER HO. 1585 REPORT HO. 3620 I HEREBY CERTIFY that the foregoing order was duly adopted by the Board of Building Commissioners of the City of San Bernardino at a rellU1ar day of SeDtember COHHZSSZONERS : Chairman-Herb Pollock Dan Westwood Pete Cortez Jack Hunt Benjamin Gonzales Manuel Flores Gene Pensiero Thomas Chandler The foregoing order Sentember I 1991. meeting thereof, held on the 6th , 19~, by the fOllowing vote, to wit: AIl DX ABSTAIH ABSENT -L. -L. ......L ......L -L. -L -L -L ~-~ .,~ - (.;, .~l'l. JL CLERK, BOARD OF BUILDING COMMISSIONERS is hereby approved this ~ day of ClfAi~ ~""IIIUSSIONERS Approved as to form and legal content: JAMES ~. ~, ~}~ ~)torney By: ~-<""~ _;~ """,.,- IIII IIII CE/BBC ,.,..... ~ . ~. A VALID APPEAL lIOST mCLUOE THE POLLOWDiG IliFOlUIATJ:ON: J:. Affected Property: /09 J (/p7i(V<!..E:: II. State the specific action appealed and the date of that action: aa r~~ /.:V/'Jl~ ...'1 V III. State the specific grounds of the appeal: AI ~~ ~ ~,.:::r- rv. State the action(s) sought from the Common Council (Committee or Commission): ~ V'f.-hLa d./' --<- . ,:-- ~ " /' - /j . ----'-- ,:,-~'L.-~~ ~~-" .,.....P_~, U?-/"d- ~L ~~v~~'..:-~(~...L. ,.' ~./~p~ (/ t7 (; Signatu:re : 2 .. ,; .'.--' .A , I".' .....,-" " /J j'./~ . Attachments or exhibits if any: ,--..... - -. - -._--- - - -- - - ~ . .: 0'. -...., ; -- . ~ ~ l) I",'V Clc;f . . RECEIVE. -,., , ~, _ ~ ~ 6~./'_,-",,"~_~ .1 NIHll-~ ~r 3~, I'i''i'/ /1.-v~' '.~ "-",,. (..... ~.-i:J_ ~,,,,~.-,. ';) . 12 ~ti~ t ~~' ~.~~ ~ . .c'~ ~ .;t, /~~ /2.-(J--Ic.<J .~ (ddljA-;c.L /7\...L ~/. /t/ Ie; 9/ _~ ~t7"_~~ ,.. . , . . .~ ~ ~ ~:I~J. A~~, ~ ..~;c~d. ~ ~"""-L- tI/( ~ ~.k-~ ~ ~ kd~ ~V' MAJ~ . (/ (p) Tk- ~ ~ d<-f'/' ~1A- ,1~_if-.~ c..e./ . l ~ ~ ~ __~//-L-+-.L-"'~ ~J..L ' . dLCt.~J-ttJ/ ~ ~4 ~. ~l)--d 7' . ~J TL ~ ~.,L~) ~~ ../ 'n,,#'.J. '.1 .L" /.< ~ .;rA.J~~a-A:..7:L? - ~r'-7lA-, c;..J?1J<..i-~. -4-~ - ,--",--L .f-/'-~~~~ t.I/1A/~ /7...c ,/ _.r- _. ~=-~ V~~ll~- ~~_~~../PVt//. 'u .. fit) ~ /AL 4/>~~ ~. ~ ~ WZLu.:t-LL. ~~ ___ ~::~~hC~~~ ~f-~.., ~J'1L ~~ ~ 7......" ../ ? .'~ I... . ,I,' , ",.....,.., __.' V" ,./ .J ~':..J .~ ... ...... ,_. .'.; . ~ .. .'~j (j) aM__ ~ ~ ~ A.L- ~ dz t'/.-'1A.:T- ~. .~../ ~ ~~ ~7;i / ~~ ~ """. L-a... ( "c , ~ _b" ~~ .~~ ~~-0 " ~ MA/'-n...I ./'t ~- ~If.d~ . , 1 2 3 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 "",''''''- BOAR" BUXLDXNG COHKXSSXONERS ORDER 01' THE BOARD 01' BUXLDING COHKISSIONERS 01' THE CITY 01' SAN BERNARDINO AO'l'JIORIZING THE ABATEMENT OJ' A PUBLIC WISANCE ORDBR NO. 1585 UPORT HO. 3620 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 15, Chapter 15.28, the Buildinq Official has posted a building ( s) located at 1098 W. 5th Street San Ber- , nardino, California, with a "Notice to Abate Nuisance" and has notified the person(s) having an interest in said property that the said buildinq(s) or premises constitute a public nuisance and has prepared a declaration of postinq and mailing of the notice, a copy of which is on file in these proceedings; and WHEREAS, pursuant to said San Bernardino Municipal Code, the Building Official has served a "Notice of Hearing Before the Board of Building Commissioners of the City of San Bernardino", relating to abatement of said nuisance, to the person(s) havinq an interest in said property, and has prepared a declaration of mailing of the notice, a copy of which is on file in these proceedings; and WHEREAS, a hearing was held to receive and consider all relevant evidence, objections or protests on September 6, 1991; and WHEREAS, The Board of Buildinq Commissioners heard the testimony and examined the evidence offered by the parties relative to such alleqed public nuisance, NOW, THEUPOU, BE IT USOLVED BY '1'D BOARD 01' BUILDING COHKISSIONERS 01' THE CITY 01' SAN BERDlmINO AS PaLLOWS: - 1 - Attachment "B" .. 1 2 3 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 BOARD 01" "'~~',)ING COMMISSIONERS ORDER 01" . ~..eOARD 01" BUILDING COMMI ORDER NO. 1585 REPORT NO. 3620 nas . . . SECTION 1. Based upon the evidence which was submitted, it is found and determined that the building{s) or premises located at 1098 w. 5th Street , San Bernardino, California, constitute.a public nuisance: SECTION 2. The owner is hereby directed to complete the abatement of the public nuisance by vacating the tenants of the trailer and to obtain all proper building permits for the fence within ten (10) days. Also the owner shall remove from the property all abandoned/wrecked/dismantled/inoperative autos and auto parts, junk, trash and debris, oil drums and oil spills within thirty (30) days. SECTION 3. In the event the public nuisance is not abated within the prescribed period of time, the city or person{s) authorized by the Building Official, will initiate action to abate the nuisance, and the costs thereof made a lien on the lot or parcel of land upon which the public nuisance exists. Such costs may be added to any existing costs, made a personal obligation of the property owner and subject to immediate recovery by commencement of court proceedings against said party. SECTION 4. Any person aggrieved by this order may within fifteen (lS) days after SeDtember 6. 1991 , appeal to the Common Council by filing with the City Clerk a written statement of the order appealed from, the specific ground of appeal and the relief of action sought from Common Council. - 2 -