HomeMy WebLinkAbout16- Code Complianace CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Linda Lowry, Interim Manager Subject: Appeal of the Board of Building
Commissioners Order No. 4231
Dept: Code Compliance Division 1095 W. Spruce Street
Date: November 20, 1997 MCC Date: December 1, 1997
Synopsis of Previous Council action: /fL NOV 2 0 1997
N/A
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 No. 4231, dated June
16, 1997.
t
Signaturyl
Linda Lowry, Interim Mana er
Contact person: Mark Farrell, Code Compliance Supervisor phone: 384-5205
Supporting data attached: Staff Report & Attachments Ward: 1
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No.) N/A
(Acct. Description)
Finance:
Council Notes:
Ml1197
,�, Agenda Item No.A
..rrrrr ......
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MAYOR AND COMMON COUNCIL MEETING OF DECEMBER 1, 1997
INTRODUCTION
Maurice Peters, property owner of 1095 W. Spruce Street is appealing the Board of Building
Commissioner's Order #4231, dated June 5, 1997, ordering him to abate property maintenance
violations and pay costs incurred of $2,319.26.
APPELLANT STATED GROUNDS OF APPEAL
The property owner is appealing on the purported grounds of:
1. Failure to provide an adequate basis or justification for the services provided.
2. Overcharges and deficiency in the services alleged.
3. Conditions of property due to the previous illegal acts of the City.
APPELLANT'S ACTIONS SOUGHT FROM MAYOR AND COMMON COUNCIL
1. Rescind the Board of Building Commissioners Order #4231.
2. City to refrain from arbitrary and illegal violations of property owners rights.
STAFF RESPONSE TO APPEAL
This appeal of BBC Order No. 4231 (assessment of costs for summary abatement of a burned
building with combustible vegetation) asserts that the City:
1. Failed to provide adequate basis or justification for services.
Response: On April 9, 1997, the Fire Department determined that an unsafe condition
existed and requested Code Compliance to abate. This action is described in the Case
Overview attached.
2. Overcharged and deficiency in the services alleged.
Response: The costs incurred in this case are $2,319.26 (statement is attached and was
included in the Board of Building Commissioner's hearing which was not attended by the
property owner).
Direct costs are those City costs incurred to bring an abatement action to completion.
These costs come from inspecting the site, preparing documentation, directing a
contractor, preparing and processing notices, filing actions with the City Clerk, legal
review and participating in the hearing process to assess the costs.
Contractor costs consist of direct expense to abate and overhead charge of 40%. The
direct contractor's expense of$1,335.50 was to Less Young Construction to board and
secure, and remove weeds and debris. The 40% overhead charge has been justified and
approved by Mayor and Common Council Resolution #90-100.
3. Conditions of property due to previous illegal acts of the City.
Response: The Code Compliance case file regarding this property dates back to January
15, 1991. Since that date Code Compliance has been forced to take abatement action no
less than seven (7) times. Action was required due to the property owner's
refusal/failure to bring the building/property into compliance as ordered by the BBC in
no less than four (4) different orders. The property owner has appealed the BBC's Order
and City's action no less than six (6) times. In each case the appeal was denied.
The current condition of the property is a direct result of the owner's negligence. It
remains an attractive/public nuisance in the fact that it is a dangerous building as stated
in correspondence from Willdan Associates (Engineers and Planners) dated November
4, 1991 (see Attachment 5).
Prior to the request from the Fire Department to abate, on February 18, 1997 the owner
had been sent a ten day "Notice to Abate" unsafe conditions on the property. Code
Compliance is not aware of other previous acts of the City which might be relevant to
this action.
CONCLUSION
It is recommended that the Mayor and Common Council deny the appeal and uphold the Order
of the Board of Building Commissioners as described in Order Number 4231 dated June 16,
1997.
ATTACHMENTS:
1. Case Overview
2. Statement of Costs
3 BBC Order Number 4231
4. Letter of Appeal
5. Letter from Willdan Associates
CASE OVERVIEW
Subject Property: 1095 W. Spruce
Property Owner: Maurice Peters
Current Address: 510 North La Cadena
Colton, CA 92324
Fees Owed: $2,319.26
02-18-97 The owner was sent a ten day "Notice to Abate" certified and first class mail
requesting corrective action be taken to remove violations of the San Bernardino
Municipal Codes and that the structure was dangerous to life and property.
04-09-97 On this date Fire Engine Company 221 arrived at 1095 W. Spruce to find a
structure fire in the northeast corner of the building. The building was unsecured
and not maintained. An aggressive direct attack was made on the fire and it was
knocked down in less than one minute. Fire Dispatch was asked to contact a
responsible party for the property and was unable to make contact. Upon
completion of overhaul operations and a thorough check for extension, Fire
Dispatch was asked to contact Code Compliance for an immediate board and
secure of the property, as it was determined it presented a danger to the public.
A. L. Williams from Code Compliance arrived and he agreed the property was
an immediate hazard. I advised him Fire Dispatch was unable to contact a
responsible party and he requested a contractor to board and secure the property.
(see Attachment #3)
05-19-97 A Notice of Hearing was sent to property owner Maurice Peters, 510 N. La
Cadena, Colton, CA 92324 by certified and first class mail with a copy to all
interested parties. Signed return receipts were received.
06-05-97 A hearing was held with no appearance by any person(s) having an interest in the
property. The Board accepted staff's recommendation thus the action taken was
correct and assessed the fees of $2,319.26 of abatement and process costs.
06-16-97 Board of Building Commissioner's Order #4231 was mailed certified and first
class to property owner(s) and posted on the property.
07-01-97 Received appeal from property owner.
Attachment 1
� !l A R
O
P
- c UTY OF
J a` (San Bernardino CODE COMPLIAN( DMS{ON
.C1 ';1, p (909) 384-5205
OG~I)ED IN
STATEMENT OF COSTS
Date : May 19 , 1997
Location: 1095 West Spruce SAN BERNARDINO CA
Parcel Number: 138-132-37
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 Officers Costs : $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) .SO per mile X 20 $ 10 . 00
Photographs $2 . 00 each X 0 $ 0 . 00
Photographs (35 mm) $1 . 00 each X 7 $ 7 . 00
Title Search $ 25 . 00
Certified Mailing $2 . 52 each X 3 $ 7 .56
Notice of Pendency $ 125 . 00
r_ n nn
5urs'su'ra� $ 449 .56
CONTRACTOR COSTS
Contractor: Less Young Construction $1, 335 .50
YO's Administrative Costs $ 534 . 20
Subtotal $1, 869 .70
Previous costs incurred: Contact City Clerk for $ -------
orevious fees incurred
Abatement Date :
Total Amount Due $2, 319 .26
All costs not immediately paid will be recorded with the County Tax
.ssessors Office as a lien upon the property, at which time
additional processi:_g fees plus interest will be assessed.
If you have any questions or need clarification of this statement
of costs, please contact the City Clerk' s Lien Coordinator at
(714) 384-5002 with the case number and property address .
By: �
Code Compliance Supervisor
300 North '0'Street, San Bernardino,CA 92418
Attachment 2
bthyc LESS YOUNG CONSTRUCTION, INC.
l GENERAL CONTRACTOR
P.O.BOX 1783 RIALTO,CALIFORNIA 9i77-1783 • (W 874-0507
Get More Wdh 'Less'
TO: CITY OF SAN BERNARDINO INVOICE# /s/&
DEPT OF CODE ENFORCEMENT CASE#
300 N. "D" STREET APN#
SAN BERNARDINO CA 92418
DATE STARTED 4-10-97
DATE COMPLETED 4-14-97
PROPERTY ADDRESS:
DESCRIPTION OF WORK CODE QTY AMOUNT
WINDOWS BOARDED 40 . 00 1 40.00
RESECURE WINDOWS 45. 00
RESECURE STATIONARY DOOR 24 .75
STATIONARY DOOR 48 .75 2 97.50
SECURITY DOOR 79 .25 1 79 . 25
PHOTOS 2. 00 21 42 . 00
LAWN MAINTENANCE 13 , 213 sq ft. 432 . 00
TRASH REMOVAL 56 . 00 4 224 .00
LABOR FOR TRASH 3x7x15 315. 00
TIRE REMOVAL 4 .00 9 36. 00
TOTAL DUE
KEY— A - If
7(�
TE IT:&
T.
P.O. BOX 1763 RIALTO, CALIFORNIA 92377-1763 (909) 874-0507
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
2
ORDER NO. 4231
3
4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
5 15, Chapter 15 . 28 , the Supervising Building Official has posted a
6 building (s) located at 1095 W. Spruce, San Bernardino, California,
7 with a "Notice to Abate Nuisance" and has notified the person (s)
8 having an' interest in said property that the said building(s) or
9 premises constitute a public nuisance=_;
10 WHEREAS, the Supervising Building Official ordered abatement
11 of said property to protect the health and safety of the
12 community;
13 WHEREAS, pursuant to San Bernardino Municipal Code, the
14 Supervising Building Official has served a "Notice of Hearing
15 Before the Board of Building Commissioners of the City of San
16 Bernardino" , relating to abatement of said nuisance, to all
17 person (s) having an interest in the above property, and has
18 prepared a declaration of mailing of the notice, a copy of which
19 is on file in these proceedings; and;
20 WHEREAS, a hearing was held to receive and consider all
. 21 relevant evidence, objections or protests on June 5 , 1997 , and;
22 WHEREAS, there was not an appearance by any person (s) having
23 an interest in the above property.
24
25
26
27
28
Attachment 3
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 4231
2 PAGE 2
3
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
5 SECTION 1 . Based upon the evidence submitted, it was found
6 and determined that the building(s) and or premises located at
7 1095 W. Spruce, San Bernardino, California constituted a public
8 nuisance .
9 SECTION 2 . The Board of Building Commissioners accepted
10 staff' s recommendations. The property owner (s) are hereby
11 directed to comply with the following requirements . The owner
12 shall maintain vacant structures boarded to FHA board up
13 standards . Within ten (10) days from the date of this order,
14 owner shall obtain the required permits, and all work is to be
15 completed within sixty (60) days from the date of this order. The
16 structure shall not be rented, leased or occupied until all work
17 completed has been inspected and approived by the Building
19 Inspection Division. Owner(s) shall maintain the landscaping to
19 include regular irrigation and pruning and shall remove all weeds, �
2C d--, brush, overgrown vegetation, trash, debris or other items
21 causing an unsightly appearance . The property shall meet all
22 applicable codes adopted by the City of San Bernardino .
23 SECTION 3 . Upon the owner (s) of record failure to comply with
24 the order of the Board of Building Commissioners within the timEb
25 specified, the Code Compliance Division shall proceed to initiate
26 abatement action by obtaining an Inspection/Abatement warrant to
27 abate violations noted.
28 SECTION 4 . It was determined that the City was required to
I BOARD OF BUILDING COMMISSIONERS
ORDER NO. 4231
2 PAGE 3
3
initiate abatement proceedings and incurred costs in the amount of
4
$2, 319 .36 . These costs and any future additional abatements shall
5 be the personal obligation of the owner and if unpaid shall be
6 recorded as a special assessment on the county tax record.
7
8 SECTION S . Upon receipt of an application from the person
required to conform to the order and by agreement of such person
9
10 to comply with the order if allowed additional time, the
11 -
Supervising Building Official may grant an extension of time, not
12 to exceed an additional 120 days, within which to complete said
13 repair, rehabilitation or demolition, if the Supervising Building
14 Official determines that such an extension of time will not create
15 or perpetuate a situation imminently dangerous to life or
16 property. The Supervising Building Official' s authority to extend
17 time is limited to the physical repair, rehabilitation or
demolition of the premises and will not in any way affect or
i 1R
C1LL C11" I.laC 1-y Ill= L-L-d Q1JPCG1 iIULil.:C ana order.
19
SECTION 6 . Any person aggrieved by this order, may appeal to
20
21 the Mayor and Common Council by filing a written statement with
22 the City Clerk. The statement must include the order number
23 appealed, the specific grounds of your appeal, and the relief or
24 action sought . The written appeal must be received within fifteen
25 (15) days from the date of this notice dated June 16, 1997 .
26
27
28
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 4231 CASE NO. --
I HEREBY CERTIFY that the foregoing order was duly adopted by
the Board of Building Commissioners of the City of San Bernardino
at a regular meeting thereof, held on the 5th day of June 1997, by
the following vote, to wit :
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso
Carol Thrasher
"Chuy" Contreras
Larry R. Quiel X
"Joe" V. C. Suarez, Jr.
Ruben B. Nunez X
Herbert Pollock
Benjamin Gonzales X
Leo Cash, Jr.
Clerk, Board of Buildi Commissioners
The foregoing order is hereby approved thi y of June, 1997.
Chaivffizrn, Board of Building Commissioners
Approved as to form and legal content :
James F. Penman, City
By:
FOR OFFICE USE ONLY v u y
Departments Receiving DatelTime Stamp: ATTACHMENT 6
Copies:
�e �"'RO� RECEIVE� -CIT'! CI.Ek.I�
Original to: o t' .97 j& -1 P 4 :21
Date of Distribution:
0 Payment Information:
Last Updated: 3126196
JUL 0 71697 Account 001-000-4303
CITY OF SAN BERNARDINO
DEPARTMENT OF PLANNING& BUILDING SERVIrrg
CITY OF SAN BERNARDINO - NOTICE OF APPEAL
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 Information
Appellant Name
& Address: A:Sy tZl
a ( O 4-3 C-<JC...-c-o
3-7 c) -2-- 3
Contact Person
& Address:
o Cl 9 23 -z 4-
Contact Person Phone
Number: Day: L9 2-4- Evening:
Affected Property
Address & AFN !# 3
Tyne of Ayyeal - Check One:
Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies:
(*Adjusted Annually)
Planning Commission ($122.00 *) _ Board of Building Commissioners (No Charge)
�C Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Access Appeals Board (No Charge)
Vehicle Abatement ($75.00) Other/Explain: (No Charge)
(continue next page)
Attachment 4
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64):.
1. The specific action appealed, and date of that action:
2. The specific grounds of appeal: _
3. The actions(s) sought from the legislative body:
4. Any additional information:
Signature of Appellant:
�6L� ��— ' Date:
RECEIVED-C!'!'! C!tkF
lvo 3
/99 Z
�12-4
C y
-�, WILLDAN ASSOCIATES ❑
f - assrcr.cr C ^s:,.°r.y?e-, _s
November 4, 1991
The City of San Bernardino
300 North "D"Street
San Bernardino, CA 92418
Attn: Mr. Al Bouthey, Director of Planning
Subject: 1095 West Spruce Street
San Bernardino, CA
Dear Sir:
This correspondence is the written follow up report to the inspection conducted by our
office at the above referenced address. On November 1, 1991, Mr. William I. Minchin,
senior plans examiner for Willdan Associates and members of the San Bernardino City
Building and Safety Department and the Sheriff's Office conducted an inspection of the
above referenced building site.
The structure was constructed in approximately 1925. The building materials vary and
include unreinforced masonry or brick on the north, south and west walls, and metal panels
on the east wall. The roof is framed with wood trusses and rafters with a metal roof
covering. There appears to be a number of structural problems associated with this
building.
The roof trusses have no apparent lateral support and a number of individual eiements have
splits. Some are lapped and spliced with additional wood members, as some of the
rafters spanning between the trusses. There are individual roof beams at various locations
picking up localized loads which are split and obviously deflecting. Some of these have been
lapped and spiked. The columns supporting these beams also appear to be deteriorating.
The masonry walls have numerous classical horizonal shear type cracks associated with
unreinforced masonry. These walls and a tall stepped parapet on the north wall do not
appear to be tied to the roof.
Finally, several of the walls exhibit other localized damage as if struck by a vehicle and, in
addition, there are several openings punched in the walls to provide door exits.
Attachment 5
=Zx _U.. ,A 7�
r
November 4, 1991
?age Two
In addition to the structural deficiencies noted in the ins-pection, here are a number of
other code violations some of which include wiring and plumbing violations.
It is our opinion that the building is structurally unsound and is subject to structural failure
in its present condition. Thank you for this opportunity to be of se.—vice and please do not
hesitate to call on us if we can be of any further assistance.
Very truly yours,
WILLDAN ASSOCIATES
Ronald L. Espalin, P.E. /
Division (Manager
Building Services
RLE:sl
L15/BUILDING
AR o,Mo
n
S! 7 C I T Y O F
� C
an Bernardino
hk IS
R A C H E L C L A R K
C I T Y C L E R K
August 27, 1997
Maurice Peters
P. O. Box 1043
Colton, CA 92324
Re: 1095 W. Spruce St. - Parcel No. 0138-132-37 - Order No. 42903
Your Notice of appeal to the Mayor and Common Council of the action taken by the Board of
Building Commissioners concerning the above-referenced property was received by our office.
The appeal has been scheduled to be heard on Monday, October 20, 1997, at 10:00 a.m., in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418.
If you have any questions related to your appeal, please feel free to contact Code Compliance
at (909) 384-5205.
Sincerely,
CLZL-11�
Rache Clark
City Clerk
cc: Dany Nolfo, Code Compliance
`/Sandra Medina, AOS, City Clerk's Office
City Administrator's Office
Charles Hindley, P. O. Box 1043, Colton, CA 92324
File
P . O. B O X 1 3 1 8 S A N B E R N A R D I N 0 , C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O ,
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - S 0 0 2
( 9 0 9) 3 8 4 - 5 1 0 2 F A X -( 9 0 9 ) 3 8 4 - S 1 S 8
T D D/T T Y - ( 9 0 9) 3 8 4 -S S 4 0
i
k
NA R
F
C I T Y O F
x
x an Bernardino
�r.)ED VS �0
R A C H E L C L A R K j
C I T Y C L E R K
i
I
I
October 9, 1997
Maurice Peters
P. O. Box 1043
Colton, CA 92324
Re: 1095 W. Spruce - Parcel No. 0138-132-37 - Order No. 42903
This letter is in reference to your Notice of appeal to the Mayor and Common Council of the
action taken by the Board of Building Commissioners concerning the above-referenced
property.
The appeal originally scheduled to be heard on Monday, October 20, 1997, at 10:00 a.m., in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418 has been
rescheduled to Monday, December 1, 1997 at 10:00 a.m.
If you have any questions related to your appeal, please feel free to contact Code Compliance
at (909) 384-5205.
Sincerely,
Cu",-k
Rach 1 Clark
City Clerk
cc: Dany Nolfo, Code Compliance
Sandra Medina, AOS, City Clerk's Office
Jan Wages, City Administrator's Office
Paula J. Coleman, Deputy City Attorney
Charles Hindley, P. O. Box 1043, Colton, CA 92324
File
P . O . so X 1 3 1 8 S A N B E R N A R D I N O CA 9 2 4 0 2
3 0 0 N OR T H D S T R E E T S A N B E R N A R D I N O ,
C A L I F OR N I A 92 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 - 5 1 02 F A X - ( 9 0 9 ) 3 8 4 - 5 1 5 8
T D D /T T Y - ( 9 0 9 ) 3 8 4 - 5 5 4 0