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HomeMy WebLinkAbout23- Code Compliance I CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Linda Lowry, Interim Code Subject: Appeal of the Board of Building Compliance Manager Commissioners Order Number 4360 Dept: Code Compliance Division 1124, 1130 & 1132 Hancock St. Date: November 6, 1997 MCC Date: November 17, 1997 !!'�� + � Synopsis of Previous Council action: N/A NOV 0 7 1997 Recommended motion: That the Mayor and Common Council deny the appeal and uphold the order of the Board of Building Commissioners, as described in Order Number 4360, dated August 18, 1997. 1 Signatur Linda Lowry, Interim Manager Linda Lowry 384-5205 Contact person: Phone: Supporting data attached: Staff Report & Attachments Ward: 6 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 11 1� 91 75-0262 Agenda Item No. Q CASE OVERVIEW Subject Property: 1124, 1130, 1132 Hancock Street Property Owner: Samuel and Willie Jackson Current Address: 28632 Golden Oak Lane Highland, CA 92346 Fees Owed: $455.54 This property is approximately a 924 square foot multi-family residential structure located in an area designated as RS, in the westside area of the City on an approximate 5,031 square foot lot. The owners obtained title to the property in approximately 1960. - A complaint was received and an inspection was made by the Code Compliance Division on January 23, 1997. The structure was posted with a "Notice to Abate Violation". On July 28, 1997 a Notice of Hearing was mailed to property owner regarding the following violations: Unmaintained Landscaping; Weeds, Dry Brush and Overgrown Vegetation; Trash, Debris and Litter; and Structure requires Painting, Roof, Window or Door Repair. On August 7, 1997, the hearing was held without an appearance by any person(s) having an interest in the property. The Board ordered the property owners to maintain the property and incur the cost of $455.54. The property owner filed an appeal on the basis that he did not receive notification of hearing in a timely manner. The property owner's address of record is a post office box. Mr. Jackson contends that the violations do not exist and he was not properly notified, therefore he wishes all fees incurred be waived. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF NOVEMBER 17, 1997 BACKGROUND 01-23-97 A complaint was received and the following conditions were observed during the inspection: unmaintained landscaping, weeds, dry brush, overgrown vegetation, trash, debris, litter and structure requires painting, roof, window or door repair. 02-20-97 A ten day "Notice to Abate Violations" was mailed regular and certified mail to property owner of record. 04-09-97 A reinspection was conducted and the same violations existed along with vacant unsecured unit. 07-16-97 Mr. Jackson called and stated his property was ready for reinspection. A second reinspection was conducted and the same violations still existed. 07-25-97 A Notice of Pendency was placed on the property. 07-28-97 A Notice of Hearing was sent to property owner Samuel and Willie Jackson, P. O. Box 7266, San Bernardino, CA 92411 by certified mail with a copy to all interested parties. Signed return receipts were received. 08-07-97 A hearing was held without an appearance by any person(s) having an interest in the property. The Board accepted staff's recommendation. The property owner will incur the fees of $455.54. 08-18-97 Board of Building Commissioner's Order #4360 was mailed certified to property owner(s) and posted on the property. Mr. Jackson called and said he was not aware of the hearing and requested a meeting at the property site. 08-19-97 Met with Mr. Jackson and showed him the violations. He did not agree with our observations. He stated he had not received the notice in time because it was sent to his post office box. This is the address of record. 08-20-97 Mr. Jackson appeared at the office and requested to see the supervisor and all pictures of the property in question. 08-27-97 Received appeal from property owner. 1124, 1130, 1132 Hancock Street Mayor and Common Council Meeting November 17, 1997 Page 2 APPELLANT STATED GROUNDS OF APPEAL The appellant did not receive notification in a timely manner. APPELLANT'S ACTIONS SOUGHT FROM MAYOR AND COMMON COUNCIL The appellant is requesting a waiver of all fees incurred. STAFF RECOMMENDATION That the Mayor and Common Council deny the appeal and uphold the Order of the Board of Building Commissioners as described in Order Number 4360 dated August 18, 1997. ATTACHMENTS: 1. 10 day Notice 2. Notice of BBC 3. BBC Order Number 4360 4. Letter of Appeal AW:das � N n R p�ho Attachment "1" ,t C4TY OF �an bernardino CODE COMPLIANCE DIVISION 'N��F n t y , WW) 384-5205 February 20, 1997 Samuel & Willie Jackson RE: 1124, 1130, 1132 Hancock P.O. 7266 SAN BERNARDINO, CA San Bernardino, CA 92411 CASE NO:11059/COMPLAINT:37217 OFFICER: A.L. Williams Dear Owner (s) THIS NOTICE is hereby submitted to you as owner (s) of the above referenced property. A recent inspection of your property revealed conditions in violation of the San Bernardino Municipal Code 15 . 24 . 040 . You are required to correct these violations within TEN (10) DAYS from the date of this notice. Your property will be reinspected to verify compliance after the ten (10) day time frame has lapsed. VIOLATIONS) AND CORRECTIVE ACTION REQUIRED A2 UNMAINTAINED LANDSCAPING TREES, SHRUBS, LAWNS AND OTHER PLANTINGS SHALL BE MAINTAINED, INCLUDING REGULAR IRRIGATION, PRUNING AND CUTTING OF LAWN. A3 WEEDS, DRY BRUSH AND OVERGROWN VEGETATION PROPERTY SHALL BE FREE OF DEAD OR OVERGROWN VEGETATION, INCLUDING WEEDS, TREES OR LIMBS WHICH ATTAIN EXTENSIVE GROWTH AND BECOMES A FIRE MENACE WHEN DRY. PLEASE REMOVE OR TRIM ACCORDINGLY. A4 TRASH, DEBRIS AND LITTER PROPERTY SHALL BE FREE OF ANY ITEM CAUSING AN UNSIGHTLY APPEARANCE . PLEASE REMOVE, TRASH, LITTER DEBRIS OR OTHER ITEMS CAUSING AN UNSIGHTLY APPEARANCE. A7 STRUCTURE (S) REQUIRE ROOF, WINDOW OR DOOR REPAIR THESE TYPES OF REPAIRS MAY REQUIRE A PERMIT. PLEASE CONTACT THE BUILDING DEPARTMENT AT (909) 384-5071 . YOU MUST OBTAIN THE NECESSARY PERMITS AND MAKE THE REQUIRED REPAIRS TO MAINTAIN THE PROPERTY IN GOOD CONDITION. Failure to correct the listed violation (s) within the time frame indicated, will result in the City initiating abatement proceedings to correct the violation (s) . 300 North'n•¢r.oet c.,..o......:__ ... _ 1124 , 1130 , 1132 Hancock CASE #11059 - A.L. Williams, Officer February 20, 1997 - FIRST NOTICE PAGE 2 If the City is forced to proceed with the abatement proceedings, the owner (s) of record will incur the following direct costs : - Proceeding Establishment Costs - Certified Mailing Costs - Hearing Costs - Photograph Costs - Attorney Fees - Staff Costs Also, any additional costs assessed due to possible judicial process . In addition to the above referenced costs, all contractor abatement costs plus an additional 4011 will be charged to the property owner (s) as a lien upon the property and shall become the personal obligation of the owner (s) of record. By acting immediately to correct the violation (s) referenced, you will avoid these and any future costs . If you object to the determination of cited violation (s) , you must file a written protest to the City Clerk no later than ten (10) days from the date of this notice . If you have any questions please contact the officer assigned to this complaint between the hours of 7 :30-9 : 00am and 4 :30-5 :30pm Monday through Thursday and every other Friday from 7 :30-9 :00am and 3 :30-4 : 30pm at (909) 384-5205 . Please provide either the case number, complaint number or the property address. Your assistance in supporting the Code Compliance Division to maintain the safety and appearance of our city is greatly appreciated. You may contact me at the above referenced phone number if you require further assistance . Sincerely, A. L. Williams, Code Compliance Officer AW: lh CC : Cindy Buechter, Business Registration Division Property Owner - Via First Class Mail Attachment "2" O Z. n CITY OF ` CODE COMPUANCE DIVISION t J 6(yan bernardino (909) 384-5205 ED VA � NOTICE OF HEARING July 28, 1997 Samuel and Willie Jackson RE: 1124, 1130, 1132 Hancock P. O. Box 7266 SAN BERNARDINO, CA San Bernardino, CA 92411 APN 139-032-23 OFFICER: A. L. WILLIAMS Dear Property Owner/Interest Holder: THIS NOTICE is hereby served to you as owner(s) of the above referenced property. A hearing on this matter had been scheduled for THURSDAY, AUGUST 7, 1997 AT 9:00 A.M. before the Board of Building Commissioners, at 300 NORTH "D" STREET, CITY COUNCIL CHAMBERS, SAN BERNARDINO, CA 92418. Evidence will be presented by staff at this hearing pertinent to the abatement proceedings and direct costs incurred. You have a right to present evidence at this hearing challenging the abatement. On February 20. 1997, the property owner of record was notified via certified mail that the above referenced property is in violation of the San Bernardino Municipal Code 15.04.020, 15.24.040/050. At that time it was requested that the property owner perform certain corrective measures in order to comply with the City of San Bernardino Property Maintenance Standards. On April 9 and July 16, 1997, subsequent inspections revealed that the required corrections were not completed. As a result of your failure to comply with our first notice mailed cost have been incurred. A list of the current uncorrected violations are below. You can avoid incurring further costs by meeting the following requirements: VIOLATIONS) AND CORRECTIVE ACTION REOUIRED: SINGLE FAMILY RESIDENCE (SBMC 15.24.040) A2 UNMAINTAINED LANDSCAPING TREES, SHRUBS, LAWNS AND OTHER PLANTINGS SHALL BE MAINTAINED, INCLUDING REGULAR IRRIGATION, PRUNING AND CUTTING OF LAWN. A3 WEEDS, DRY BRUSH AND OVERGROWN VEGETATION PROPERTY SHALL BE FREE OF DEAD OR OVERGROWN VEGETATION, INCLUDING WEEDS, TREES OR LIMBS WHICH ATTAIN EXTENSIVE GROWTH AND BECOME A FIRE MENACE WHEN DRY. PLEASE REMOVE OR TRIM ACCORDINGLY. 300 North'D'Street,San Bernardino,CA 92418 i 1124, 1130, 1132 Hancock July 28, 1997 Page 2 A4 TRASH, DEBRIS AND LITTER PROPERTY SHALL BE FREE OF ANY ITEM CAUSING AN UNSIGHTLY APPEARANCE. PLEASE REMOVE TRASH, LITTER, DEBRIS OR OTHER ITEM CAUSING AN UNSIGHTLY APPEARANCE. A7 STRUCTURE(S) REQUIRE PAINTING, ROOF, WINDOW OR DOOR REPAIR THESE TYPES OF REPAIRS MAY REQUIRE A PERMIT. PLEASE CONTACT THE BUILDING DEPARTMENT AT (909) 384-5071. YOU MUST OBTAIN THE NECESSARY PERMITS AND MAKE THE REQUIRED REPAIRS TO MAINTAIN THE PROPERTY IN GOOD CONDITION. The building and or property has been posted: YES Pre-permit inspection required: NO If a pre-permit inspection is required, this is due to the substandard condition and numerous violations observed at the time of inspection(s). You are required to obtain a pre-permit report from the Code Compliance Division located at 300 North "D" Street, Basement, San Bernardino, Ca 92418. This report provides a detailed list of structural and property maintenance violations which may require rehabilitation permits. Based upon your failure to correct the violation, a Notice of Pendency of Administrative Proceeding is being filed with the County Recorder to give public notice of action taken by the City of San Bernardino. A processing fee is automatically assessed at the time of recordation. This structure and/or use may be nonconforming. If the use of a nonconforming structure or a nonconforming use is discontinued for a period of twelve (12) or more consecutive calendar months, the structure or use shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of the City's Development Code pursuant to Sections 19.62.020 and 19.62.030. The direct costs of the abatement proceedings incurred by the City are attached for your review. If the abatement action and costs are upheld by the Board of Building Commissioners, the City shall place an assessment lien on the above property for all costs incurred. That amount must be paid to the City Clerk's Office at 300 North "D" Street, Second Floor, San Bernardino, Ca 92418, within 15 days from the date of the Board of Building Commissioner's hearing. i . 1124, 1130, 1132 Hancock July 28, 1997 Page 3 Upon the owner(s) of record failure to comply with the order of the Board of Building Commissioners, within the time specified, the Code Compliance Division shall proceed to initiate abatement action by obtaining an Inspection/Abatement warrant to abate violations noted. If you disagree with the findings of the Board of Building Commissioners, you may appeal your case before the Mayor and Common Council. Your appeal must be submitted in writing and is to be submitted to the City Clerk within 15 days of your hearing date at 300 North "D" Street, 2nd Floor, San Bernardino, Ca 92418. A fee of$75.00 must accompany your request. Your written appeal must include: (1) Property location (2) Specific grounds for appeal (3) Relief or action sought from the Mayor and Common Council If you have any questions, please contact Magi Lawson in the Code Compliance Division at (909) 384-5205. Magi Lawson, Code Compliance Officer ML:das Attachments: Statement of Costs cc: City Clerk STATEMENT OF COSTS Date: July 25, 1997 Location: 1124, 1130, 1132 Hancock, SAN BERNARDINO CA Parcel Number: 139-032-23 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino as a result of abatement proceedings recently completed at the above referenced property. DIRECT COSTS Code Compliance Officer: $23.00 Hr X 3 $ 69.00 Clerical Staff Costs: $15.00 Hr X 2 $ 30.00 Supervisor Costs $28.00 Hr X 2 $ 56.00 City Clerk Costs - $ 30.00 Attorney Costs $ 40.00 Vehicle Mileage (REPEAT TRIPS) .50 per mile X 20 $ 10.00 Photographs $2.00 each X 6 $ 12.00 Photographs (35mm) $1.00 each X 3 $ 3.00 Title Search $ 25.00 Certified Mailing $2.77 each X 2 $ 5.54 Notice of Pendency $ 125.00 Hearing Costs $ 50.00 SUBTOTAL $ 455.54 CONTRACTOR COSTS Contractor: $ 40% Administrative Costs Subtotal $ Previous costs incurred: Contact City Clerk for $ previous fees incurred Abatement Date: Total Amount Due $ 455.54 All costs not immediately paid will be recorded with the County Tax Assessors Office as a lien upon the property, at which time additional processing fees plus interest will be assessed. If you have any questions or need clarification of this statement of costs, please contact the officer at (909) 384-5205 with the case number and property address. By:1,,4/. Code Compliance Officer i Attachment "3" ^NT\ rA,w ' i siiu CITY OF CODE COM8N-5205 EDIVISION(San bernardino August 18, 1997 Samuel & Willie Jackson RE: 1124, 1130, 1132 Hancock P. O. Box 7266 SAN BERNARDINO, CA San Bernardino, CA 92411 APN: 139-032-23 ^- ORDER NO.: 4360 OFFICER: A. L. Williams Pursuant to action of the Board of Building Commissioners taken on August 7, 1997, a nuisance was found to exist at 1124, 1130, 1132 Hancock. Attached hereto, is a copy of the Board of Building Commissioner's Order, which states the findings of the Board and any action necessary to abate the public nuisance(s). As owner(s) and all vested parties of record you were notified in your previous Notice of Hearing that the Board's findings may be appealed to the Mayor and Common Council within fifteen (15) days of the date of this notice. This appeal must be filed with the City Clerk's Office, 300 North "D" Street, 2nd Floor, San Bernardino, CA 92418. A fee of$75.00 must accompany your request. The written appeal should include: (a) Property location, parcel number and report/project number; (b) Specific grounds for appeal; (c) The relief or action sought from the Mayor and Common Council If you have any questions regarding this appeal process, please contact the City Clerk's Office at 384- 5002. By: IV-W- Code Compliance Officer AW:das cc: City Clerk 300' orth'D'Street,San Bernardino,CA 92418 r■rrrw 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO 2 ORDER NO. 4360 3 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 4 15, Chapter 15 . 24 , the Supervising Building Official has posted a 5 building (s) located at 1124, 1130, 1132 Hancock, San Bernardino, 6 California, with a "Notice to Abate Nuisance" and has notified the 7 person (s) having an interest in said property that the said 8 building (s) or premises constitute a public nuisance; 9 WHEREAS, pursuant to San Bernardino Municipal Code, the 10 Supervising Building Official has served a "Notice of Hearing 11 Before the Board of Building Commissioners of the City of San 12 Bernardino" , relating to abatement proceeding, to all person (s) 13 having an interest in the above property, and has prepared a 14 declaration of mailing of the notice, a copy of which is on file 15 in these proceedings; and; 16 WHEREAS, a hearing was held to receive and consider all 17 relevant evidence, objections or protests on August 7, 1997 , and; 18 WHEREAS, there was not an appearance by any person (s) having 19 an interest in the above property. 20 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 21 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 22 SECTION 1 . Based upon the evidence submitted, it was found 23 and determined that the building (s) and or premises located at 24 1124, 1130 , 1132 Hancock, San Bernardino, California constituted 25 a public nuisance . 26 27 28 /// 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 4360 2 PAGE 2 3 SECTION 2 . The Board of Building Commissioners accepted 4 staff' s recommendations . The property owner (s) are hereby 5 directed to comply with the following requirements . within ten 6 (10) days from the date of this order, the owner shall : remove 7 and continue to maintain property free of weeds, dry brush and 8 9 overgrown vegetation; remove and continue to maintain property free of trash, debris and any items causing an unsightly 10 appearance or improperly stored items . 11 SECTION 3 . Upon the owner (s) of record failure to comply 12 with the order of the Board of Building Commissioners within the 13 time specified, the Code Compliance Division shall proceed to 14 initiate abatement action by obtaining an Inspection/Abatement 15 warrant to abate violations noted. If the owner fails to comply 16 with the order of the Board of Building Commissioners, within the 17 18 time specified, the City may initiate action to abate the nuisance . 19 SECTION 4 . It was determined that the City was required to 20 21 initiate abatement proceedings and incurred costs in the amount of 22 $455.54 . These costs and any future additional abatements shall 23 be the personal obligation of the owner and if unpaid shall be recorded as a special assessment on property. 24 25 26 27 28 /// 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 4360 2 PAGE 3 3 SECTION 5 . Upon receipt of an application from the person 4 5 required to conform to the order and by agreement of such person 6 to comply with the order if allowed additional time, the 7 Supervising Building Official may grant an extension of time, not to exceed an additional 120 days, within which to complete said 8 repair, rehabilitation or demolition, if the Supervising Building 9 Official determines that such an extension of time will not create 10 or perpetuate a situation imminently dangerous to life or 11 12 property. The Supervising Building Official' s authority to extend time is limited to the physical repair, rehabilitation or 13 demolition of the premises and will not in any way affect or 14 extend the time to appeal the notice and order. 15 16 SECTION 6 . Any person aggrieved by this order, may 17 appeal to the Mayor and Common Council by filing a written statement with the City Clerk. The statement must include the 18 order number appealed, the specific grounds of your appeal, and 19 the relief or action sought . The written appeal must be received 20 within fifteen (15) days from the date of this notice dated August 21 18, 1997 . 22 23 24 25 26 27 28 t 1 BOARD OF BUILDING COMMISSIONERS 2 ORDER NO. 4360 3 I HEREBY CERTIFY that the foregoing order was duly 4 adopted by the Board of Building Commissioners of the City of 5 San Bernardino at a regular meeting thereof, held on the 7th 6 day of August 1997, by the following vote, to wit : 7 COMMISSIONERS : AYE NAY ABSTAIN ABSENT 8 Alfred Enciso 9 Carol Thrasher 10 "Chuy" Contreras 11 Larry R. Quiel X 12 +Joe" V. C. Suarez, Jr. X 13 Ruben B . Nunez 14 Herbert Pollock X- 15 Benjamin Gonzales X- 16 Leo Cash, Jr. 17 18 ,V (/'U-, d/off 19 Cler Board of Building Commissioners 20 The foregoing order is hereby approved this 7th day of August, 21 1997 . 22 23 Cha man r Bu g Com iss o ers 24 Approved as to form and legal content : 25 James F . Penman, City Attorney 26 27 BY: uGL CU 28 Attachment "4" C V A � l ------- — FOR OFFICE USE ONLY -- - ------ Departments Receiving Date/Time Stamp: Copies: RECEIVES -CI1'f CLEF? Original to: 'k r .. ! _ ..i - ., •s 7, ,At G .27 •A 9,05 ti Payment Information: "Date of Distribution: Last Updated: 3/26/96 'vDFD IN - - Account 001-000-4303 CITY " �OF` .:_.SAN BERNARDINO NOTICE OF APPEAL, Ix IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council. appeals must be filed in the City Clerk's Office accompanied by the appropriate fee. Complete All-Infuimation. Appellant Name & Address: Contact Person & Address: •/ �"� 2- Contact Person Phone �-} p Number: Day: /� Evening: �� G Affected Property l Address & APN # Type of Apgeal'L CVeck One:: :. . .5.• -� -' -. �t w Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies: (*Adjusted Annually) ' . , ` :'`•„ i _ Planning Commission ($122.00 *) — Board of Building Commissioners (No Charge) VBuilding Abatement ($75.00) Police Commission (No Charge) Weed Abatement ($75.00) Access .Appeals Board (No Charge) Vehicle Abatement ($75.00) Other/Explain: (No Chu yge _I . .. ..__. - (continue next Page)_ A, L� �S INCLUDE THE FOLLOWING Il�1r ORMATION (SSMC 2.64):' 1. The ific action appealed,aled, and date of that action: � • JAJ jP ol a = • , - re 2. The specific grounds of appeal. a AfV _ 0 ZEE me 3. ( Thd actions(s) sought from the legislative body: yyCC Any additional information: AMC 09 jo d j ;imamre of Appe Q Sri: . �� : '___ CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: October 13, 1998 TO: All Clients FROM: City Clerk's Office RE: SCANNING DOCUMENT PROBLEM NOTICE -------------------------------------------------------------------------------------------------------------------------------------- MAYOR AND COMMON COUNCIL MEETING DATE: November 17, 1997 ITEM #: #23 DESCRIPTION: Appeal hearing -Board of Building Commissioners' (BBC) Order #4360 relative to property located at 1124, 1130 and 1132 Hancock St - Samuel and Willie Jackson. ACTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the order of the Board of Building Commissioners (BBC), as described in Order #4360, dated August 18, 1997. NOTICE OF: Missing Document: Exhibit/Attachment. Public Works/Engineering Bound Contract - BOUND DOCUMENT HAS NOT BEEN SCANNED YET - AVAILABLE IN HARD COPY. Staff Report. Bad Quality Original. X - Document. Map. X - Hand Written Ori0nal. Ordinance - Lep-al Advertisement Proof of Publication Bad Quality. Missinp, Signature - FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records management staff or the Administrative Operations Supervisor at (909) 384-5002. Rachel Clark City Clerk RC:mam