HomeMy WebLinkAbout10-Building & Safety
,
-
-
-
c
o
:)
".)
1
2
3
4 IN THE MATTER OF
5055 DAVID WAY
5 SAN BERNARDINO, CALIFORNIA
6 OWNER: DAVID HATFIELD
A HEARING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
7
)
)
)
)
)
)
FINDINGS AND CONCLUSIONS
8 The above-captioned matter concerning whether to affirm,
9 modify or deny the decision of the Board of Building
10 Commissioners, ordering abatement of the public nuisance by
11 demolition, came on for hearing on October 7, 1985, October 21,
12 1985, November 4, 1985, and December 16, 1985, before the Mayor
13 and Common Council of the City of San Bernardino in the Council
14 Chambers on the first floor of City Hall, 300 North "D" Street,
15 San Bernardino, California 92418.
16 David Hatfield was present and was represented by Richard ,D.
17 Andrews, Attorney at Law. The Department of Building and Safety
18 of the City of San Bernardino was present by Jack Rosebraugh,
19 Superintendent of Build ing and Safety.
20 The Mayor and Common Council heard the testimony of
21 witnesses and examined the proofs offered by the parties, and the
22 cause was submitted for decision. The Mayor and Common Council,
23 being fully advised, make its findings of fact and conclusions as
24 follows:
25 FINDINGS OF FACT
26 On or about August 1981, August 1982, August 1983, August
27 1984, July and August 1985, an inspection was made of the above
28 structure and premises, and substandard conditions which shall
10
c
o
o
:)
1 include but not be limited to the following, were observed:
2 Since August of 1981 the owner has been contacted by the
3 Department of Building and Safety about the requirements for
4 permits and plans for construction of the buildings. An "Order
5 to Show Cause" with the City Attorney in December 1982 failed to
6 resolve the problem of the current construction. At that
7 meeting, the Water, Engineering, Planning, and Building and
8 Safety Departments came to an agreement with the owner to comply
9 with all requirements.
10 A letter from the City Attorney's office of July 1983
11 indicated that there still was no compliance to requirements for
12 permits or plans. Another letter to the owner of July 1985 again
13 directed to his attention the need to obtain and submit plans for
14 permits for construction. To date the owner has failed to obtain
15 required permits and approval or call for inspections.
16 The owners were sent a certified mailing of these
17 conditions.
18 The substandard building is hereby declared to be a public
19 nuisance and such nuisance shall be abated by the repair, removal
20 or demolition of such unsafe building by the proper procedure.
21 Permits are required prior to staring repair or demolition work.
22 It is hereby determined that the owner has violated that
23 following sections of the San Bernardino Municipal Code and the
24 technical codes adopted therein:
25 San Bernardino Municipal Code:
26 Section 15.04.020: Adoption of Codes
27 Section 15.04.060: Issuance of Permits
28 Section 15.04.100: Welding Work
c
o
.:)
~
1 Section 15.28.010: Dangerous Buildings
2 Section 8.33.010: Conditions Creating Property Nuisances
3 Uniform Building Code (UBC) 1982:
4 Chapter 2, Section 203: Unsafe Buildings or Structures
5 Section 205: Violations
6 Chapter 3, Section 301(a): Permits Required
7 Section 302: Application for Permit
8 Sec tion 303: Permits Issuance
9 Sec tion 304: Fees
10 Section 305: Inspections
11 Section 306: Special Inspections
12 Chapter 5, General Requirements For Occupancies,
13 Table 5-A(R)
14 Chapter 12, Section 1204: Exit Facilities
15 Chapter 23, Section 2312: Earthquake Regulations
16 Uniform Mechanical Code (UMC) 1982:
17 Chapter 3, Section 301(a): Permits Required
18 Section 302: Application for Permit
19 Section 303 : Permits Issuance
20 Section 304: Fees
21 Section 305: Inspections
22 Section 206: Connection Approval
23 Uniform Plumbing Code (UPC) 1982:
24 Part 1 , Section 20.4: Permit Required
25 Section 20.6: Application for Permit
26 Section 20.7: Cost of Permit
27 Section 20.8: All Work to be Inspected
28
c
1-
-
-
o
~
...'~/
Uniform Housing Code (UHC) 1982:
Chapter 1, Section 102: Purpose
Chapter 3, Section 301: Permits and Inspections
1
2
3
4
5
6
7
8
9 CONCLUSIONS
10 1. Based upon the evidence submitted, it is found and
11 determined that the building and premises located at 5055 David
12 Way, San Bernardino, California, constitute a public nuisance for
13 the foregoing reasons.
14 2. Abatement by demolition is an appropriate remedy, is
15 warranted by the condition of the building and premises, and is
16 appropriate under all of the circumstances.
17 3. The decision of the Board of Building Commissioners is
18 hereby affirmed.
19 4. The owner is hereby directed to commence the abatement
20 of the public nuisance by obtaining the necessary demolition
21 and/or building permits within ten (10) days after December 16,
22 1985. The abatement must be completed within sixty (60) days
23 thereafter.
24 5. In the event the public nuisance is not abated within
25 the prescribed period of time, the building and premises shall be
26 razed, demolished, removed, repaired or rehabilitated by the City
27 of Ean Bernardino, or by a person or persons authorized by the
28 Building Official, and the expense thereof made a lien on the lot
Uniform Building Code (UBC) 1982:
Chapter 70, Section 7003 : Permits Required
Section 7004 : Hazards
Section 7006 : Grading Permit Requirements
Section 7007: Grading Fees
.c
o
o
J
1 or parcel of land upon which the public nuisance is located.
2
3 December 16, 1985, San Bernardino, California.
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