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Y OF SAN BERNARt. .to - REQ~ ,ST FOR COUNCIL Al. .tION
n: CHARLES P. DUNHAM, C.E.
ACTING DIRECTOR
.Jpt: BUILDING AND SAFETY
)ate: January 30, 1987
Subject: APPEAL-BOARD OF BUILDING Cor~MISSINERS
Decision to Abate Public Nuisance
5718 North "0" Street
Synopsis of Previous Council action:
Attached to Findings
Recommended motion:
That the findings and decision of the BDard of Building Commissioners, dated
September 5, 1936, be upheld and that immediate demolition be authorized in
accordance with Council action of October 6, 1986, which provided for immediate
demolition if the work was not substantially completed by an agreed upon date.
(The date agreed to by Mr. Bair and former Director of Building and Safety,
James Robbins, was January 8, 1987.)
~~~
Signature
Contact person:
Charl es Dunham
Phone:
5274
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
A diN :). Ie/
gen a tern o. ,,~' ,.
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C. 'V OF SAN BERNARL.~O - REQ"~ST FOR COUNCIL At",fION
STAFF REPORT
5718 North D Street
Re~ort/Project No. 2514
Mr. & Mrs. Ted Sair, Owners
For the past two years, this has been a continuing neighborhood complaint because
-of the eyesore and abandonment of work. Our inspectors have made ~any trips to the
location trying to get work started and the place cleaned up without success. The
. "neighbors have also gone through the tragedy of a fire, have rebuilt and upgraded
the cormnunity and c:.on't feel they should have to looK at the eyesore that ;s
presently on the site. which includes open ,footings. 2 old cars and a trailer.
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listed is chronicle of events:
NovaT.cer 1980, Panorama fire.
August 1981, a free permit was issued for construction of residence.
By August 1982 rough plumb;n~ and some:foundation had been inspected. A solar
hot air systa~ was buried in ground, to an approximate 14~ depth.
August 1982 to present. no further. inspections of construction.
Nover=:oer 1983" recei'/ed complaint from. Council about abandoned \./ork,. old cars
and tra i1 er on the 'lot. ' iJ '
Nov~ber 1983 correction notice was seri 'to Mr. Sa i r and telephone call in
return that he would pour foundation by~the end of January 1984.
Inspection in December 1983 and February ,1984. no 'f'OrK done.
May 1934. more complaints from ~eighbors:
May 1984 Order to Show Cause sent. meeting he1d wi:~ City Attorney. City
Attorney rec=~ended if no progress st~rted. Suildin; and Safe!y to take cas:
to the Beard of Buil ding Cor.::ni ssioners. '
Let:er sent to Mr. Bair about no work being done.
Augus~ 1984, let:er sent to Mr. Sair for Beard of Suildir.; Co~~i:~ioners He~ring.
Notic: of Pendency filed September 1984.
Soar:: of Building Commissioners meeting held. Board of Building CO:r.::1issioners
orde~ed to abate nuisance and bring back to natural state.
Septarnber 10, 1984, letter' of appeal of the Board or Building Ccrmtiss;oners
decision from Mr. Sair. 0
Septa~ber 17, 1984, appeal hearing set fo~ October 1, 1984.
October 1, 1984, 11r. .Bai~ given 90 days .to present a loan package and time
schedu1e to complete work. Also ordered tp ra~ove 2 cars, travel trailer and ~
out house immediately. ' ~
October 15, 1984. Mr. Balr requested retonsideration of Council action and it
was denied. ,'.
October 22. 1984, trailers, cars and out. house ra~oved.
January 2, 1985, inspection of property showed no further work toward cleaning
property, open footings, foundation and solar basa~ent and no plan~ for
development had been submitted.
January 8, 1985, received a telephone call from Mr. Bair statin~ he has
submitted a building package for a loan out so far has not rece1ved it and is
waiting for an answer from the lending agency.
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Cl '( OF SAN BERNAR& ~~O - REQU_ 5T FOR COUNCIL At. ..liON
STAFF REPORT
5718 North "0" Street
Report/Project No. 2514
Mr. & Mrs. Ted Bair, Owners
21. January 21, 1985, Council meeting. Continued consideration of BBC action until
March 4, 1985. Action requested by Mr. Quiel.
22. March 7, 1985, Council meeting. Upheld BBC action for demolition and the
hearing was closed.
23. March 8, 1985, letter sent to Mr. Bair about Council order.
24. March 8, 1985, letter from Mr. Bair requesting another hearing.
25. March 19, 1985, another hearing set for Mr. Biar to present new evidence for
hid case.
26. April 1, 1985, Council meeting. Ordered again the demolition of the property.
Mr. Quiel made the motion.
27. April 2, 1985, letter from City Clerk to return the case to the next Council
meeting. Requested by Mr. Quiel.
28. May 13, 1985, case continued to June 3,1985. Requested by Mr. Quiel.
29. June 3,1985, case continued to July 1,1985. Requested by Mr. Quiel.
30. July 1, 1985, hearing closed.
31. January, February, 1986, complaints about property started coming in.
32. September 5, 1986, returned to BBC for action.
33. September 15, 1986, appeal by owner to Council.
34. October 6, 1986, owner was at Council meeting and presented letter of appeal
and a time frame in which all work was to be completed (January 8, 1987).
35. October 6, 1986, Council meeting. Council granted owner his time frame
subject to 3 conditions:
(1) All up to date and current plans be submitted to the Building and Safety
Department within 10 calendar days of this date;
(2) A specific time frame, as submitted, or as modified by Common Council,
be imposed;
(3) Applicant agrees to not contest, in any way, an immediate order of de-
molition if work is not substantially completed by end of agreed upon
time frame.
36. January 20, 1987, property remains in exactly the same condition as of the
October 6, 1986, Council meeting.
37. January 30, 1937, property remains in exactly the same condition as of the
October 6, 1986, Council meeting.
75-0264