HomeMy WebLinkAbout34-Community Development (2)
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CIT\ OF SAN BERNARDIN - REQUEf -.. FOR COUNCI ' IN
From: CHARLES P. DUNHAM, C.E.
ACTING SUPERINTENDENT
Dept: BUILDING AND SAFETY
Date: January 21, 1987
REC'D. - a.utmr: M~EAL-BOARD OF BUILDING COMMISSIONERS I
1987 JA 11ec"i s i on to Abate Pub 1 i c Nui sance
N 22 :'I~ if>tJ~ North "0" Street
Synopsis of Previous Council action:
Attached to Findings
Recommended motion:
That the findings and decision of the Board of Building Commissioners, dated
September 5, 1986, 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
Supporting data attached:
Yes
Phone: 5274
Ward: 5
Contact person:
Charles Dunham
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75.0262
#
Agenda Item NO.~~
CIT'. OF SAN BERNARDI.~.J - REQUE._ r FOR COUNCIL AC\ ...oN
STAFF REPORT
The history of this item is contained and attached as a part of the findings.
The Board of Building Commissioners heard this item May 2, 1986, and granted
90 days to complete construction (the slab having been poured). This included
and coincided with a 90 day continuance. September 5th the item was returned
to BBC due to no progress. The Board ordered demolition, if permits were not
drawn or appealed in 10 days from posting. The appeal is an appeal of the
order to demolish.
A meeting with Mr. Bair on Friday, September 26, resulted in the following
proposal:
Mr. Bair is to provide all revisions, and a specific time frame for construction
of the unit to Building and Safety if the appeal is upheld.
The alternatives are:
1. Uphold the findings and decision of the Board of Building Commissioners
dated September 5, 1986.
2. Grant the appeal subject to the following conditions; (1) all up to date
and cu.rrent 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 demolition if work is not sub-
stantially completed by end of agreed upon time frame.
3. Uphold the decision of the Council action of October 6, 1986.
75-0264 /,1:/,[1
Cli I OF SAN BERNARDt 40 - REQUl JT FOR COUNCIL AC JON
5718 North D Street
Report/Project No. 2514
Mr. & Mrs. Ted Bair, 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 many 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 community and don't feel they should have to look at the eyesore that is
presently on the site, which includes open footings, 2 old ca~s and a trailer.
Listed is chronicle of events:
Nova~ber 1980, Panorama fire.
August 1981, a free permit was issued ~or construction of residence.
By August 1982 rough plumbing and some ,foundation had been inspected. A solar
hot air system was buried in ground, to an approximate 14. depth.
August 1982 to present, no further inspections of construction.
November 1983,' received complaint from COuncil about abandoned \'/ork.. old cars
and trailer on the 'lot. ' J'
November 1983 correction notice was sen 'to Mr. Bair and telephone call in
return that he would pour foundation by!the end of January 1984.
Inspection in December 1983 and February i984, no worK done.
Hay 1984, more complaints from 'neighbors:
May 1984 Order to Show Cause sent, meeting held with City Attorney. City
Attorney recommended if no progress started, Building and Safety to take case
to the Board of Building Cor.missioners. .
Letter sent to Mr. Bair about no work being done.
August 1984, letter sent to Mr. Bair for Board of Building Cor.mi:sioners Hearing.
Notice or Pendency filed September 1984. '
Board of Building Commi'ssioners meeting held. Board of Building Corr.missioners
ordered to abate nuisance and bring back to natural state.
Septa~ber 10, 1984, letter' of appeal of the Board of Building Cormnissi'oners
decision from Mr. Bair.
September 17, 1984, appeal hearing set fo~ October 1,1984.
October 1, 1984, r~r. .Ba1r given 90 days to present a loan package and time
schedu1e to complete work. Also ordered tp remove 2 carS, travel trailer and ~
out house immediately. ,-;.
October 15, 1984, Mr. Bair requested retonsideration of Council action and it -
was denied. '.
October 22, 1984, trailers, carS and out. house removed.
January 2, 1985, inspection of property showed no further vrork toward cleaning
property, open footings, foundation and solar basement and no plan~ for
development had been submitted.
January 8, 1985, received a telephone call from Mr. Bair stating he has
submitted a building package for a loan but so far has not received ~t and is
waiting for an answer from the lending agency.
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STAFF REPORT
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CI1'. OF SANB.ERNARDI~ _.) - REQUI. J T FOR COUNCIL AC'...oN
STAFF REPORT
5718 North "0" Street
Report/Project No. 2514
Mr. & Mrs. Ted Bair, OWners
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75.0264
27.
January 21, 1985, Council meeting. Continued consideration of BSC action until
March 4,1985. Action requested by Mr. Quiel.
March 7, 1985, Council meeting. Upheld SBC action for demolition and the
hearing was closed.
March 8, 1985, letter sent to Mr. Bair about Council order.
March 8, 1985, letter from Mr. Bair requesting another hearing.
March 19, 1985, another hearing set for Mr. Bair to present new evidence for
his case.
April 1, 1985, Council meeting. Ordered again the demolition of the property.
Mr. Quiel made the motion.
April 2, 1985, letter from City Clerk to return the case to the next Council
meeting. Requested by Mr. Quiel.
May 13, 1985, case continued to June 3, 1985. Requested by Mr. Quiel.
June 3,1985, case continued to July 1,1985. Requested by Mr. Quiel.
July 1, 1985, hearing closed.
January, February, 1986, complaints about property started coming in.
September 5, 1986, returned to BBC for action.
September 15, 1986, appeal by owner to Counci 1 .
October 6, 1986, owner was at Council meeting and presen.ted letter of appeal
and a time frame in which all work was to be completed (January 8, 1987).
October 6, 1986, Council meeting. Council granted owner his time frame
subject to3 conditions: (see attached)
January 20,1987, property remains in exactly the same condition as of
the October 6, 1986, Council meeting.
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BERN ARD IN 0 POST OFFICE BOX 131B. SAN BERNARDINO. CALIFORNIA 92402
October 9, 1986
SHAUNA CLARK
CITY CLERK
Mr. Ted D. Bair
5704 North "E" Street
San Bernardino, California 92407
Dear Mr. Bair:
At the Council Meeting held on October 6, 1986, your appeal
on the Board of Building Commissioners' decision to abate a
public nuisance on property located at 5718 North "D" Street
(Project No. 2514), was granted subject to the following condi-
tions:
J.
(1) All up to date and current plans be submitted
to the Building and Safety Department within
ten calendar days of October 6, 1986.
(2) A specific time frame, as submitted, or as mod-
ified by Common Council, be imposed.
(3) Applicant agrees to not contest in any way, an
immediate order of demolition if work is not
substantially completed by end of agreed upon
time frame.
Sincerely,
~P/?d/~4/
SHAUNA CLARK
City Clerk
SC:pa
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OCT 10 1986
BUilDING & SAFETY
CITY OF SAN BERNARDINO
cc: .-....Building and Safety Superinte rrlent
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300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 92418-0121
PHONE (714)383-5002/383-5102
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Ted D. Bair
5704 North 'E' Street
San Bernardino, Ca. 92407
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14 September 1986
To the Mayor and Common Council,
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On the 5th of September 1986 the Board of Building
Corr~issioners voted to abate a publ ic nuesance on my
property at 5718 North 'D' Street (project #2514). The
nuesance is the reconstruction of our home. I would liKe to
appeal that decision to you and your council for the
following reasons.
First of all this matter has been on going since the
Panorama Fire in 1980, so details prior to the September 5th
Board of Building Commissioners meeting are on publ ic
record, which you have access to.
At the last City Council meeting, which was the day Mayor
Wilcox started, my case was dismissed. I had a loan pacKage
in my possesion and reconstruction had already started. The
day I poured the slab, the property was posted by the
Building and Saftey Department. At the Board of Building
Commissioners meeting I was given 90 days to show progress.
The prc.per'ty was posted aga in at. the end .of August for a
show cause to the Board of Building Commissioners on
September 5th. At that meeting I was asKed why the house was
not completed? t1y understanding was "progress" at the prior
metting. I explained what progress had taKen place in the
last 90 days. This was unacceptable to them. I bel ieve that
the Board of Building Commissioners do not want to be
bothered with trivia and enjoy passing the pucK to someone
else. I assure you the reconstruction of our home is not
trivia, but very serious to us.
The planned construction after the. slab was poured is 21
concrete tilt-up wall panels, which are the main floor
interior and exterior walls. Each wall had to be drawn out,
after measurements from the new slab were taKen, and
engineered for picK points. Since the panels are to be
poured at the job site, the correct location on the site had
to be chosen for the crane to maneuver for tilt-up and
placement. Since it's a one time event for the crane to
place the walls true and plum the first time, the only way
to assure this is to brace each wall and install the second
floor joists, which have to be on the job site at that time.
. ,t', 911;. a ~
Since the second floor ventalation system is installed in
the floor, care had to be taKen on the placement of the
ducting as to not penitrate a joist or beam. With the
present joist layout and beam location, this was not
possible. So I have contracted the Trus Joist Corporation in
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Chino TO~ calculation and const~uction OT Tloo~ t~usses.
Upon the initial bid by the T~us Joist Co~p., ~eplacement of
the joists TO~ t~usses was possible, but much mo~e costly.
With ~e-evaluation of the house plans, it was found that the
o~iginal design had the second floo~, on the west side,
cantileve~ed out 3 feet. Then at a late~ date, the main
floo~ west wall (Kitchen/dinning) was b~ought out to be in
1 ine with the second floor wall, which el iminated the
cantileve~. Howeve~ the Tloo~ joist patte~n was not changed
fo~ some ~eason at that time. Upon fu~the~ inspection. and
counsultation with a civil enginee~ at Joe Bonidaman and
Associates. It was decided that the layout could indeed be
~evised to p~ovide a st~ong and to the UCBC as well as cost
savings layout fo~ the Tloo~ t~usses.
At the p~esent, I have submitted enginee~ing calcs from Joe
Bonidaman and Associates TO~ some beams to the Trus Joist
Co~p in Chino. Thei~ enginee~s a~e wo~King on the t~us and
beam calcs and should have them bacK by Septembe~ 19 fo~ me
to submit to the Building and Saftey Tor app~oval.
I can not st~ess enough the conce~n we have fo~ completing
ou~ const~uction. This is not an idle p~oject and we want it
finished as well as eve~yone else. Once the main floo~ walls
a~e up, things should go quicKe~. The~e will be mo~e
sub-cont~acto~s involved.
I since~ely hope you can see you~ way clea~ to allow us to
continue ~econstructing ou~ home and help el iminate these
costly delays and agg~avations that a~e totaly unp~oductive.
Since~ely,
Ted D. Bai~
.,-~SJ.~
Jane s. Bai~
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crry OF -:SAN~BERN ARDINO 300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 92418
.:: -. _".:~ ..:: November 24 ~ 1986
.... - - -~,
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eVL YN WILCOX
MIIvor
M.ml:l.,. of tll. Common Coyncll
Estller EstraCla. . . . . . . . . . . . . First WarCl
Jack A.lIly. . . . . . . . . . . . . . S.conCl WarCl
AalDIl H.rnanClu . . . . . . . . . . . TIllrCl ward
Steve Marks. . . . . . . . . . . . . Foyrtll WarCl
GorClon QYI.' . . . . . . . . . . . . . Flftll WarCl
Oan Frazl.r . . . . . . . . . . . . . . Slxtll Ward
Jack Strickler . . . . . . . . . . . .s....ntll WarCl
Re: City Clerk's Letter of
October 9~ 1986
5718 North D Street
Mr. Ted Bair
5704 North E Street
San Bernardino, CA 92407
Dear Mr. Bair:
You have not complied with the terms of agreement set forth at the Council meeting
held October 6, 1986. You have on several occasions since then attempted to submit
plans that were illegible and unsigned.
The Building and Safety Department has met and discussed with you, at length, the
need to proceed. Additional time was agreed upon~ however, the up to date complete
plans still have not been submitted. The Department1s concerns are twofold:
1. Getting construction started and under cover before the rains begin~ and
2. Getting this project comp1eted~ or the lot cleared in a timely fashion.
Your original time1ine submitted and accepted by the Council was for approximately
120 days~ October 1, 1986-January 31~ 1987. It has been documented and understood
that you have full time work and that this project is in addition. However, the
agreement was clear; the project must be done or demolished.
In keeping with the agreement~ this is a final notice.
Properly prepared, comp1ete~ and signed plans must be submitted to the Building and
Safety Depar'bnent by 4:30 p.m. ~ December 10~ 1986. ,'"-,
If this time1ine is not met~ our department will immediately proceed to call for bids
for demolition.
Assuming you submit plans in a timely manner~ you must pick up yo~r' approved plans ,
within 7 calendar days of notification. Again~ if this time1ine is not met~ we will
immediately proceed to call for bids for demolition. '.
You have from date of issuance of permits 120 days to make consistent, continual
progress as evidenced by work proceeding, calls for inspection, and timely completion
of the project. This 120 days is consistent with the time agreed to with the Council.
If you do not make consistent, continual progress, we will immediate:y proceed with
calling for bids for demolition.
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November 24, 1986
Mr. Ted Bair
5704 North E Street
Re: City Clerk's Letter of October 9, 1986
Page 2
e
The Council has indicated by their action a willingness to work with you. They
are also concerned with the. lack of construction activity.
Please proceed with the schedule outlined. This project must be resolved.
~in rely,
~ jJ2f~
James Robbins, Superintendent
Building and Safety Department
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