HomeMy WebLinkAbout17- Code Compliance CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Linda Lowry, Interim Manager Appeal of Board of Building
From: y g Subject: Commissioner's Order No. 4322
Dept:
Code Compliance Division 2102 N. State Street
MCC Date: December 1, 1997
Date: November 24, 1997
iff i
Synopsis of Previous Council action:
N/A
Recommended motion:
That the Mayor and Common Council deny the appeal and uphold
the order of the Board of Building Commissioner's, as described
in Order No. 4322, dated August 18, 1997.
Vnature
Linda Lowry
Contact person: Mark Farrell, Code Compliance Supervisor Phone: 384-5205
Supporting data attached: Staff report & attachments Ward: 6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
ial� 97
75-0262 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MAYOR AND COMMON COUNCIL MEETING OF DECEMBER 1, 1997
INTRODUCTION
Maria Romero, property owner of 2102 N. State Street is appealing the Board of Building
Commissioner's Order #4322 dated August 18, 1997 ordering her to maintain her property free of any
future violations and pay costs incurred of $3,488.11.
APPELLANT STATED GROUNDS OF APPEAL
The property owner is appealing on the purported grounds that the City:
1. Failed to provide written notice of the City's intent to abate the public nuisance by willfully and
knowingly mailing all notices and orders to the wrong address.
2. Failed to provide opportunity to be heard prior to City's abatement action.
APPELLANT'S ACTIONS SOUGHT FROM MAYOR AND COMMON COUNCIL
1. Reversal of Board of Building Commissioners Order #4322 and removal of fees incurred in the
amount of $3,488.11.
2. Compensation for demolished structure.
STAFF'S RESPONSE TO APPEAL
This appeal of BBC Order #4322 (assessment of costs for the demolition of an "Abandoned Dangerous
Building and Public Nuisance") asserts that the City:
1. Failed to provide written notice of the City's intent to abate the public nuisance by willfully and
knowingly mailed all notices and orders to the wrong address.
Response: Since the City's first inspection of the property on August 18, 1994, notices, orders
and warrants have been mailed to the owner at the only address available nine different times.
In addition notices, orders and warrants were posted on the property on ten separate occassions.
These actions are detailed in the Case Overview attached.
2. Failed to provide opportunity to be heard prior to City's abatement action.
Response: A public hearing was held before the Board of Building Commissioner's on January
9, 1997 regarding this matter. In addition, an open public hearing is held each month. Property
owners are given opportunity to speak on non-agenda items at each hearing. Five such hearings
were held from January through June prior to the City's abatement of the public nuisance.
2102 N. State Street
Mayor and Common Council Meeting
December 1, 1997
Page 2
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 4322 dated August 18, 1997.
ATTACHMENTS:
1. Case Overview
2. Statement of Costs dated July 8, 1997
3. BBC Order #4322 dated August 18, 1997
4. Letter of Appeal dated September 2, 1997
CASE OVERVIEW
Subject Property: 2102 N. State Street
Property Owner: Maria Romero
Current Address: 1519 East Adams Blvd
Los Angeles, CA 90011
Fees Owed: $3,488.11
08-01-94 Code Compliance received complaint of "Unmaintained Property".
08-18-94 Property was inspected and found in violation of SBMC 15.24.040, A2 - Unmaintained
Landscape; A3 - Weeds, Dry Brush and Overgrown Vegetation; A4 - Trash, Debris and
Litter. Property was posted with a ten day "Notice to Abate".
08-30-94 Notice of Violation letter sent to owner Maria Romero at 2102 N. State, San Bernardino,
CA 92411 (no return mail or receipts located).
10-12-94 Property reinspected, the same violations were observed/noted.
10-26-94 Property reinspected along with original violations. It was found to be Open and Vacant
and posted as a "Dangerous Building" as per (SBMC 15.28.010, UBC 203).
10-27-94 Grant Deed received listed Maria Romero at 2102 N. State Street, Muscoy, CA.
10-28-94 Additional Grant Deed received (same information).
11-23-94 Notice of Violation letter sent to owner and interested parties (no return mail receipt
located).
11-28-94 Utilites (gas & electric) ordered disconnected by Code Compliance.
03-02-95 3rd Grant Deed received (no change of owner information).
03-15-95 4th Grant Deed received (no change of owner information). Property taxes in default for
1994.
07-09-96 Code Compliance received complaint of "Abandoned House with Tires and Junk on
Property".
Attachment 1
09-30-96 Code Compliance received complaint of a building that was Open and Vacant, with Trash
and Debris.
10-03-96 Property reinspected and found in violation of SBMC 15.28.010, Open and Vacant
Structure/Dangerous Building; SBMC 15.24.040, Al - Lack of Landscaping; A2 -
Unmaintained Landscaping; A3 - Weeds, Dry Bush and Overgrown Vegetation; A4 -
Trash, Debris and Litter; A7 - Structure Requires Repairs/Rehabilitate or Demolish.
Property was posted with a "Notice to Abate" immediately.
10-07-96 Property profile received listed same owner information and address.
10-08-96 Notice of Violation letter posted on property and sent to owners and interested parties.
(McMillian - certified returned 10-15-96 with insufficient address; Romero - 1st class
returned 12-3-96, no such address; Romero certified returned 12-12-96, no such
address.)
10-23-96 Property reinspected, the same violations were observed/noted.
12-6-96 Notice of Pendency placed on property. Notice of Hearing letter sent to owner and
interested parties scheduling property for hearing on January 9, 1997. (McMillian
certified returned 12-11-96; Romero 1st class returned dated unknown, attempted-not
known; Romero certified returned 12-16-96, no such address.)
01-09-97 A public hearing was held at City Hall before the Board of Building Commissioners. No
one appeared to speak on behalf of the property, and the Board upheld staff
recommendations issuing Order #3991 which directed the property owner to rehabilitate
or demolish the dangerous building within 30 days.
01-21-97 Copies of BBC Order #3991 were posted on the property and sent to owner and
interested parties (McMillian certified returned date unknown; forwarding order expired;
Romero 1st class mail returned 1-27-97, no such address; Romero certified returned, date
unknown, moved, left no address.)
02-06-97 Property reinspected with no improvement noted. Verification with Planning and
Building showed permits had not been issued.
02-24-97 Code Compliance obtained and Inspection/Abatement Warrant signed by San Bernardino
County Superior Court Judge Krug for the purposes of an asbestos survey. Copies were
posted on the property and sent to owner and interested parties (McMillian, no return or
receipts noted; Romero, 1st class returned 3-31-97, insufficient address; Romero
certified, no return or receipts noted.)
02-25-97 Asbestos survey inspection conducted by JEM Environmental Services.
03-11-97 Code Compliance received results from the asbestos survey inspection.
06-97 Code Compliance checked with San Bernardino Water Department and Business
Registration for any additional property owner information, with no record found.
06-20-97 Code Compliance obtained an Inspection/Abatement/Demolition Warrant signed by
Superior Court Judge Wylde. Copies posted on the property and sent to owner and
interested parties (no returns or receipts noted).
06-23-97 Demolition was completed.
07-97 Property owner Maria Romero came into Code Compliance office to inquire about the
First Week demolition of her property. She stated that she had not been to the property in over four
years and that she was unaware of its condition during that time. She also stated that her
sister lives just two houses away from the property. She stated that she had not receive
as notices from Code Compliance. She offered her current address for any further
correspondence.
07-07-97 Phone call to Fidelity Title Company showed no change of address for the property
owner.
07-08-97 Notice of Hearing (Summary Action) was sent to the owner (at the new address, 1519
East Adams Blvd, Los Angeles, CA 90011) and interested parties scheduling the matter
for hearing on August 7, 1997. (McMillian certified returned 7-15-97; Romero returned
receipt received 7-24-97.)
07-17-97 Property Profile received listing owner's new address.
08-07-97 A public hearing was held before the Board of Building Commissioners to incur the cost
of the demolition. Brett Nemeth, attorney for the property owner appeared and contested
the action of Code Compliance. He requested that the BBC rule against Code
Compliance and waive all fees. The BBC heard and reviewed the case and upheld the
actions of Code Compliance finding that due process and due diligence were satisfied.
They issued Order #4322 and placed the abatement costs of $3,488.11, against the
property.
08-18-97 Copies of BBC Order #4322 were posted on the property and sent to owner (Romero
return receipt received 8-26-97).
09-02-97 City Clerk's Office received an appeal of BBC Order #4322 (which only incurred the
cost of abatement/demolition) from the property owner Maria Romero.
STATEMENT OF COSTS
Location: 2102 N. State Date: July 7, 1997
Parcel Number: 269-041-29 SAN BERNARDINO CA
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 $ 00.00
Photographs (35mm) $1.00 each X 1 $ 1.00
Title Search $ 25.00
Certified Mailing $2.52 each X 4 $ 10.08
Notice of Pendency $ 00.00
Hearing Costs $ 50.00
SUBTOTAL $ 3"
CONTRACTOR COSTS
Contr $2,165.00
40% Administrative Costs $1.002.03
Subtotal $ -------
Previous costs incurred: Contact City Clerk for $ -------
previous fees incurred
Abatement Date: JUNE 23, 1997
Total Amount Due
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/inspector at (909) 384-5205 with the case number and property address.
7
By:
j�Compli ce Office
Attachment 2
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO
3 ORDER NO. 4322 CASE NO. 97-3091
4 WHEREAS, pursuant to the San Bernardino Municipal
5 Code, Title 15, Chapter 15 . 28, the Supervision Building
6 Official has posted a building (s) located at 2102 N.
7 State Street, San Bernardino, California, with a "Notice
8 to Abate Nuisance" and has notified the person (s) having
9 an interest in said property that the said building (s)
10 or remises constitute a
p public nuisance .
11 WHEREAS, the Supervisiong Building Official ordered
12 the abandoned structure to be demolished to protect the
13 health and safety of the community.
14 WHEREAS, pursuant to San Bernardino Municipal Code,
15 the Supervision Building Official has served a "Notice of
16 Hearing before the Board of Building Commissioners of the
17 City f San Bernardino" , relating to abatement of said
18 nuisance, to all person(s) having an interest in the
19 above ro ert
p p y, and has prepared a declaration of mailing
20 of the notice, a copy of which is on file in these
21 proceedings; and;
22
WHEREAS, a hearing was held to receive and consider
23 all relevant evidence, objections or
� protests on Aucrust
24 7, 1997 , and;
25 WHEREAS, there was an appearance by Brett Nemeth,
26 attorney for owner.
27
28
Attachment 3
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 4322 CASE SP97-3091
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 . In reference to the property located at
6 2102 N. State St. , San Bernardino, California, based upon
7 the evidence submitted, the Board find that the action to
8 summarily abate the nuisance was appropriate and that the
9 violations noted in the Notice of Hearing do in fact
10 exist on the property, and that the property is being
11 maintained in violation of the San Bernardino Municipal
12 Code, and therefore constitutes a nuisance .
13 SECTION 2 . The Board of Building Commissioners
14 accepted staff' s recommendations. The property owner (s)
15 are hereby directed to comply with the following
16 requirements . The owner (s) of record shall continue to
17 maintain property free of all weeds, dry brush, overgrown
18 vegetation, trash, debris or any items causing an
19 unsightly appearance .
20 SECTION 3 . It was determined that the City was
21 required to initiate abatement proceedings and incurred
22 costs in the amount of $3, 488 .11. These costs and any
23 future additional abatements shall be the personal
24 obligation of the owner and if unpaid shall be recoreded
25 as a special assessment on the county tax record.
26
27
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1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 4322 CASE NO. 97-3091
2 PAGE 3
3 SECTION 4 . Any person aggrieved by this order, may
4 appeal to the Mayor and Common Council by filing a
5 written statement with the City Clerk. the statement
6 must include the order number appealed, the specific
7 grounds of your appeal, and the relief or action sought .
8 The written appeal must be received within fifteen (15)
9 days from the date of this notice date August 18, 1997 .
10
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13
14
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1
BOARD OF BUILDING COMMISSIONERS
2
ORDER NO. 4322
3
I HEREBY CERTIFY that the foregoing order was duly
4
5 adopted by the Board of Building Commissioners of the City of
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 x
9 Carol Thrasher X
10 "Chuy" Contreras x
11 Larry R. Quiel x
12 "Joe" V. C. Suarez, Jr. X
13 Ruben B. Nunez Y
14 —L
Herbert Pollock Y
15 Benjamin Gonzales L
16 Leo Cash, Jr.
17
18 2 /Vog
19 Clerk, Board of Building Commissioners
20 The foregoing order is hereby approved this 7th day of August,
21 1997 .
22
23 21 man oard Bu ' g Co fission rs
24
Approved as to form and legal content :
25
James F.; nman, City Attorney
26 J
27 By: GAG( C�ceCIiL----
28
UtS!LtSly! 10:40 r.�_1 LlLtiylz til lltYt�llltSL� QjUL
f
app
-------------------------------------- FOR OFFICE USE ONLY --------- ---------------------
Departrnents Receiving Date/Time Stamp:
Copies: -
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NARprHo RECEIVED.--17Y CL E
,
4
Original to: c *97 SEP —2 A11 :19
Payment Information:
Date of Distribution:
Last Updated: 3/26196
Account 001-000-4303
CITY OF SAN WJLNARDINO - NOTICE OF APPEAL
IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council
appeals mint,be filed in the City Clerk's Office accompanied by the appropriate fee.
Complete All Information
Appellant Name
& Address: ��\ (tom, f"; V� �2 U
Contact Person eS C v u 1
& Address:
Contact Person Phone
Number: Da � ?� 1��( �`� Evenin
Affected Property , �^
Address & APN __# - 1 �% Z- �� S (
Type of Appeal - 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)
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 VA.L. I t) AI'P.-AxL MUST O CLLFDE TIC. FOLLOW7[NG hNFOItNIATION (SBMC
i . �.r• �r..� � ^` .
1• The spec';ic action appealed,ce d date of tha action: ��
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. fl u a Ace t��S
cl� T"V4�, J� o�afi t �'� (1 � r F•C �4 f C e �Q1`(n � l.D
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Q� C u fiso cs- n U l t�411Q
2. The specific grounds of appCal:_
N The actions(s) sought from the legislative body: tSb c�
►�,� < < �e I� ( ( t�Q tic t`- (A
4• Any additional information:
Signature of Appellant:
P� -t r •n
" x 1 C I T Y O F
A. , a an bernardino
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R A C H E L C L A R K
C I T Y C L E R K
October 9, 1997
Maria D. Romero
1519 E. Adams Blvd.
Los Angeles, CA 90011
Re: 2102 State Street - Parcel No. 0269-041-29 - Order No. SP97-3091
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, December 1, 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, c 1
c� 1�
Rac 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
File
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