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Home My WebLink About36- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman City Attorney Subject: Administrative Civil Penalties Program -Power point presentation Dept: City Attorney Date: June 7, 2010 Synopsis of Previous Council action: April 21, 2008 - adopted MC 1268, Chapter 9.93, Administrative Civil Penalties Ordinance Recommended motion: Receive and file. Signature Contact person: Jolena Grider, Senior Deputy City Attorney Phone: 5355 Supporting data attached: 10 pages Ward: All FUNDING REQUIREMENTS: Amount: 0 Source: (Acct. No.) Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. 36 (o- 7- io Office/Forms[bla k.RcgForCounci]Action] ADMINISTRATIVE CIVIL PENALTIES NOTICE AND ORDERS (ACPNO's) --- - APPLICATION ■ Used by Five City Departments a Police Fire t& Code .E Development Services a City Attorney s Any municipal code violation Police issued ACP's y O Loud Noise from vehicles can be a danger to the inaividuat,the community an in personnel. � �� Landscaping includes: hardscape;non irrigation options;and traditional -� landscaping. •� I �1 1400 Block East Hardt Street 4M k� nn Vacant houses that are maintained do not look r t }T vacant which reduces vandalism and maintains property values. 1500 Block Indian .a Trail � Y T. d[ sgi.d}fi�,ap rt�3`{{1t`Yty `1 'IA'K��1� ly� I Property maintenance includes structural maintenance as well as landscaping maintenance. ,�� •�' f •, T f 3rd Street between - ► „ SANBAG Government entities are -•---J included in maintenance laws and must keep their properties up to code. The City must adhere to the Municipal Code As Well (Hampshire Flood Area) f .r 8w..; /M Y 3 c Y ; Independence n _ I „ rp�.. Improperly stored items can be a safety concern as well as an eye sore. bN & X W 4 --. 3300 Block North "E" Street �9AERNM� �i� Overgrown vegetation is a fire , hazard. ^' ' r 700 Block West 161h Street Parldng on lawns is an environmental problem notm°"' - just aesthetics R.rr� 3600 Block North y Arrowhead Ave. �d ss 4 Example of correction with ,�, draught tolerant landscaping. __ _ • -3W$lock East- 16th Street 1800 Block East . ..- ;, Gould 4 fi ,�Yh Annexed County Pockets must also adhere to City Codes. 4700 Block { Cristy Ave. t I a ..� ..rr::Pp kPlyv FJ T S� Often one correction " leads to several. One unmaintained house can make a difference in a neighborhood. (620(1 Block Wendv Lane) 1 M906. a , I'M y Which house does not fit in this neighborhood? - -�- (1600 Block North Sierra Way) - 1 Js WF... If this were your neighborhood,would you want the last house fixed? (3500 Block North Sierra Way) q zip nA. t� J�m A� x- .i O y ° Entered Into Rec. at MCC/CDC Mtg /7�a o - by: C G, Q �,� ED nda elf No: 3 OFFICE OF THE CITY ATT DCSecretary CITY OF SAN BERNARD of SanBemardino JAMES F. PENMAN CITY ATTORNEY Date PROPERTY OWNER ADDRESS Re: Notice of Violation for property located at PROPERTY ADDRESS,San Bernardino,California,APN #XXX-XXX-XX Dear INSERT NAME: This letter shall serve as notice that the following violations exist on your property located at PROPERTY ADDRESS, San Bernardino, California: San Bernardino Municipal Code § 15.24.040(A)(1)- lack of landscaping(front yard and parkway are bare dirt and in need of ground cover); San Bernardino Municipal Code§ 15.24.040(A)(2)- unmaintained landscaping(front and side yards in need of trimming, irrigation and maintenance); San Bernardino Municipal Code§ 15.24.040(A)(3)-weeds and overgrown vegetation (weeds throughout the property in need of removal); San Bernardino Municipal Code§ 15.24.040(A)(4)-trash, debris and improperly stored items (trash and improperly stored items throughout the property in need of removal); San Bernardino Municipal Code § 15.24.040(A)(5)-vehicle on an unimproved surface (car parked on front lawn must be parked on an improved surface); San Bernardino Municipal Code§ 15.24.040(A)(6)- inoperable vehicle (all vehicles must be operable or stored in an enclosed structure); San Bernardino Municipal Code§ 15.24.040(A)(7)-condition of structure (house in need of paint; fence in need of repair); San Bernardino Municipal Code§ 15.24.040(A)(8)- improved surfaces (walkways, driveways and other improved surfaces must be maintained in good repair and safe condition); F:\GRIDER\Administ we Civil Penalties\Ixttem\Waming Letters\SAMPLE.wpd 300 NORTH "D" STREET • SAN BERNARDINO, CA 924184=1 • (909) 384-5355 • FAx (909) 384-5238^'^ jp r San Bernardino Municipal Code§ 15.24.040(A)(9)-graffiti (graffiti on structure in need of removal); San Bernardino Municipal Code§ 15.24.040(A)(12)-pools and spas(pool must be securely fenced); San Bernardino Municipal Code§ 15.24.040(A)(13)-construction (construction must have a valid permit and be progressing diligently); San Bernardino Municipal Code§ 15.24.040(A)(14)- fencing(fencing must be in accordance with Development Code; inadequate fencing material); San Bernardino Municipal Code§ 8.24.170(A)- improperly stored refuse containers(trash cans must be stored out of public view); San Bernardino Municipal Code§ 10.16.120(A)-commercial vehicle in residential area (semi truck must be removed); San Bernardino Development Code§19.24.060(11)(A)- Improperly stored boat/RV/trailer (boat/RV/trailer must be stored on an improved surface, behind the setback of the house and screened to a height of six feet); and Uniform Code for the Abatement of Dangerous Buildings§302.17 -open and vacant structure (front door is open and needs to be secured from entry). These violations must be corrected within 15 days of the date of this letter. Failure to correct these violations and comply with the San Bernardino Municipal Code will result in an Administrative Civil Penalty being issued to you. The maximum penalty is $1,000.00 per day per violation until the violations are corrected and verified by the City. Ifyou need more time to correct the violations,please call to request an extension. Extensions maybe granted as long as you are making physical progress on the property to correct the violations. Regards, Jamie J. Cimino Administrative Analyst FAGRIDER\Adminisfttive Civil Penalties\Leters\Warning Levers\SAMPLE.wpd CITATION NO.:(Q ro— lD_D ZS'q' Date: 2��-6c, Time: /mr—% CITY OF SAN BERNARDINO ADMINISTRATIVE CIVIL PENALTIES NOTICE AND ORDER DAILY AMOUNT OF ADMINISTRATIVE PENALTIES: $ /6;CLc20 FACTORS CONSIDERED PURSUANT TO SBMC §9.93.040 (check all that apply): --(T)duration; a(2jfrequen y;_(3)seriousness;_(4)misdemeanor; t.(s story;_(6)good faith effort to comply; ✓(7) economic impact; npact on community. DATE PENALTIES BEGIN TO ACCRUE: — - `�® CONTINUOUS VIOLATION? QQ YES ( ) NO *If yes is checked, the Responsiblb Plarty shall cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate City Departments. Penalties will continue to accrue until the violations are corrected. DRIVER'S LICENSE: FIRST: MIDDLE: LAST: DOB: 45 64•tjK N4+ gut4G AsSacray-wn/ C�o 61 fIUCAT Z2v r-/&t (.Y, VIOLATION ADDRESS: d LZfl tj bl'b' r&&2A. /e men p MAILING ADDRESS: 3` 1(o <-ri4-TrwFI✓ fSLV D.c �oREC�osy2F rl�L�7�b!-0( 3 j�n mt-G f�2g7�S MUNICIPAL CODE SECTION VIOLATED: VIOLATION DESCRIPTION: y.�� PS•7yD`IOC,A]'� �/-�CfC- mx (-tr�ytrAAn�e z s eesc 4r'-')q'040 fi)UN, 4w)- PIP IA IQIWO M-4 3 merit og ?4 a� f (31 t. fDS co�btrrar��r�ti YVIiML zY.oWo y ,� , ter 24*44L CORRECTIVE ACTION REQ D51�,Mj V 2Y 1'10 ! M N S:Vrw f�(JE /• PU PAL'k t rotAtN-MIJ, bniuriD coVet. q-j Amf Din.T AQ.,m Z /ta y17h0, i/W464-M-1, 6tdsm/A 1,4^ W(A^i6 i'I'tr 11uCtm1k ` 2PM�tcy� 3 R.X, V Uf AQ -T raz fM % qg%( y o.Fw of AV 7 , ot 1W 0 Pi F&44r fro NAME AND SIGNATURE OF ISSUING OFFICER: V /74 / DEPARTMENT i ,t.t4 1A,genda 0 m o; READ REVERSE SIDE FOR IMPORT AN�(I 1J�'' fn/�� Ay1„T/ Ct-. Whim:City Attorney copy Yellow: E"amrcnt copy Pink:Mail Copy,ifapplic0tll!'I C1e"^ _7�"I a e:RLSponsible Party/Site Copy City of Son BeMar no ERNA pI a ED IN INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO Legal Memorandum# 10-027 To: Charles McNeely, City Manager A Entered Into Rec. at MCC/CDC Mtg:6171 o From: James F. Penman: City Attorney by:11 L"t"u Q ZF41_4_ e"`! V Agenda It 3 U Subject: City Property at Hampshire Flood Spillway and 408treet City ClerVCDC Secretary Date: June 4, 2010 City of San Bernardino Copies: Mayor, Council Members,Director of Parks and Recreation In 1980,Hampshire Street, located south of 40' Street, east of the 401i Street wash and below a County Flood Control Basin was wiped out by a flood. The City bought the remaining, partially destroyed houses and moved them to the westside of the City. A lawsuit followed in which the property owners prevailed against the City. The decision was made by the Mayor and Common Council to change Hampshire Street from a residential street to a permanent"spillway". The City Council made the decision to plant grass where the houses had been, remove the street and curbs and install a paved spillway"path." The City was to water, weed,mow and otherwise maintain the spillway as attractive"park land." For many years the City did maintain the property per City Council direction and it was quite beautiful and an enhancement to the value of adjacent residential homes. During a recent inspection of the nearby residential area by City Attorney Investigators it was determined that the spillway area has not been watered nor mowed by the City for some time. Further investigation revealed that adjacent City residents have been mowing the grass for some time to reduce the unsightly,blight-like appearance of the spillway. Also,the City has received numerous complaints over the last few years about the condition of the spillway. I am respectfully requesting that watering,weeding and mowing of the Hampshire Flood Spillway be re-commenced by the City. This city-owned property is currently not in compliance with the City's Municipal Code. The law provides that a city is"obviously bound by the provisions of its own ordinance." Robison v. City of Oakland(1968) 268 Cal. App.2nd, 269, 274. Your attention to this matter is appreciated. t �(o71i� U '�EO SN OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO JAMES F. PENMAN CITY ATTORNEY May 25, 2010 Entered Into Rec, at MCC/CDC Mfg: 617110 by, L US Bank National Association AN__ U c/o America's Servicing Company#7801--013view Blvd., Foreclosure MAC Secretary Ft. Mill, SC 29715 City of San Bernardino Re: Hearing Order for Administrative Civil Penalties Notice and Order No. CA06-10-0259 Dear US Bank: Enclosed please find the written Hearing Order for your Administrative Civil Penalties Hearing on April 22, 2010. If you were ordered to pay a penalty, all payments shall be made to: City Attorney's Office 300 North D Street, 6th Floor San Bernardino, CA 92418 If you need to set up a payment plan, please contact my office. If you have any questions, please call my office. Very ytr/ruu,lly'._y'o'urs, 1 to en'a E. GrideGul Senior Deputy City Attorney Enclosure JEG/dmm F:\GRIDER\Adminislralive Civil Penalties\Letters\Hearing Orders&Nolice\I 280W6lhSLwpd 300 NORTH "D" STREET • SAN BERNARDINO, CA 92418-0001 • (909) 384-5355 • FAx (909) 384--{5,238 CITY OF SAN BERNARDINO ADMINISTRATIVE CIVIL PENALTIES FAILURE TO APPEAR DEFAULT HEARING ORDER Administrative Civil Penalties Notice and Order No. CA06-10-0259 Dated March 30,2010 1280 W. 6th St. San Bernardino, California Hearing Date: April 22, 2010 Responsible Party: US Bank National Association Issuing Officer: Guerrero I. PARTIES PRESENT AT THE HEARING US Bank National Association did not appear at the hearing. City Attorney Investigator Guerrero represented the City. Senior Deputy City Attorney Jolena Grider was also present. H. NOTICE On March 30,2010, City Attorney Investigator Guerrero issued Administrative Civil Penalties Notice and Order No. CA06-10-0259 (ACPNO) to US Bank National Association,regarding 1280 W. 6th St., San Bernardino (the property). The Notice and Order was for violating San Bernardino Municipal Code (SBMC) §15.24.040.A.1, lack of landscaping; SBMC §15.24.040.A.2, unmaintained landscaping; SBMC §15.24.040.A.3, weeds,dry brush, and overgrown vegetation; and SBMC §15.24.040.AA, trash,debris, and improperly stored items. The ACPNO was posted on the property. It imposed a penalty of$100.00 per day beginning March 30, 2010. On April 7, 2010, Senior Deputy City Attorney Jolena Grider mailed a Notice of Hearing on Administrative Civil Penalty to US Bank National Association, c/o America's Servicing Company, 3476 Stateview Blvd.,Foreclosure MAC #7801-013, Ft. Mill, SC 29715. The Notice of Hearing stated that a hearing would be held on Administrative CITY OF SAN BERNARDINO Administrative Civil Penalties Notice and Order CA06-10-0259 Page 1 of 3 Civil Penalty Notice and Order CA06-10-0259 on April 22, 2010 at 1:30 p.m. in the City Council Chambers at 300 North D Street,First Floor, San Bernardino. III. EVIDENCE AND FINDINGS US Bank National Association failed to appear to present evidence on its behalf. City Attorney Investigator Guerrero presented documents in the case,including photographs showing the violations on multiple dates. I find the violations exist. The impact of a$100.00 per day penalty on US Bank National Association is approximately $3,000 per month. I find that a $100.00 per day penalty is appropriate in this case. IV. DEFAULT ORDER In accord with SBMC §993.110, the administrative civil penalties enforcement order regarding 1280 W. 6th St. is as follows: 1. Administrative Civil Penalties Notice and Order No. CA06-10-0259 is upheld and a $100.00 per day penalty is assessed. 2. The administrative civil penalty will continue until all violations identified in ACPNO CA06-10-0259 are corrected. It is the responsibility of the property owner to call for inspections so that the daily penalty can be promptly stopped after corrections are verified by a code enforcement officer. A$100.00 per day civil penalty from March 30, 2010 through April 22, 2010,the day of the hearing, is $2,400.00; it will increase by $100.00 per day until all violations are corrected. 3. Pay administrative civil penalties to: City of San Bernardino, c/o City Attorney, 300 N. D St., San Bernardino, CA 92418-001. Unpaid administrative civil penalties may be collected by any legal means including a lien on real property. US Bank National Association may contact Senior Deputy City Attorney Jolena Grider regarding monthly payment of amounts due the City of San Bernardino. CITY OF SAN BERNARDINO Administrative Civil Penalties Notice and Order CA06-10-0259 Page 2 of 3 V. APPEAL Under SBMC §9.93.160 this Hearing Order is final. There are no further administrative appeals available through the City of San Bernardino. This order is reviewable,however, by filing an action in Superior Court in accord with California Code of Civil Procedure §1094.6. In §1094.6 there are strict time limits for requesting judicial review of this Order. If you wish to have this order reviewed by a court,consult an attorney immediately. April 22, 2010. Hearing Officer: #, , ,,Ol*t CITY OF SAN BERNARDINO Administrative Civil Penalties Notice and Order CA06-10-0259 Page 3 of 3 Q, , 0 ZZOID RECEIVED CITY ATTOr NEY 2010 MRY 12 Pi 5 1H PUBLIC RECORDS REQUEST Government Code Section 6250,et seq.provides that any member of the public can request to review and/or obtain copies of certain public documents. All requests must be submitted in writing and request specific documents. If the specific documents exist and they fall into the category of approved documents,review and/or copies will be provided. The requestor must pay the copy and any mail charges associated with the request. The City has ten days to respond to your request. Y Lk reccs�- / aNA- J"( ?,g o LA) �5f PUBLIC RECORDS PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO I am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action;my business address is 300 North"D" Street,6'Floor,San Bernardino, California 92418. On May 25, 2010, I mailed copies of the foregoing document described as: CITY OF SAN BERNARDINO ADMINISTRATIVE CIVIL PENALTIES FAILURE TO APPEAR DEFAULT HEARING ORDER I placed this document in a sealed envelope with postage thereon fully prepaid and caused such envelope to be placed in the United States mail at San Bernardino, California, addressed as follows: US Bank National Association c/o America's Servicing Company 3476 Stateview Blvd., Foreclosure MAC #7801-013 Ft. Mill, SC 29715 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on7May 25, 2010, at San Bernardino, California. �1 47 /w Nelva Costello Legal Secretary City Attorney's Office ACP\proofofservice