HomeMy WebLinkAbout29- Public Services CITY OF SAN BERN." IDINO REQUEST F R COUNCIL ACTION
From: Manuel P. Moreno, Jr. , Subject: Appeal of Board of Building Commissioners
Director of Public Services decision -- abatement of weeds on property
Dept: Public Services located off Mt Vernon Avenue, between 15th
and Evans Streets
Date: January 12, 1993 Assessor's parcel no. 0143 102 23
Synopsis of Previous Council action:
12/4/92 -- Adopted Order No. 1777
Recommended motion:
That the appeal of Mr. Clark H. Hahne relative to the assessment made by the Board
of Building Commissioners with regard to the abatement of abatement of weeds and debris
from property located off Mt Vernon Avene, between 15th and Evans Streets (parcel no.
0143 102 23) be denied and decision by the Board of Building Commissioners be upheld.
Adopt resolution.
Signature
Contact person: Manuel P. Moreno. Jr. Phone: 384-5045
Supporting data attached: Staff Report Ward: fi
FUNDING REQUIREMENTS: Amount:__ none
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERM �IDINO - REQUEST Ft 1 COUNCIL ACTION
STAFF REPORT
On August 24, 1992, a "Notice to Clean Premises" and letter
was mailed to Mr. Clark H. Hahne, PO Box 315, Lake Arrowhead, CA
92353 , regarding property Parcel No: 0143 102 23 , located off Mt
Vernon Avenue, between 15th and Evans Streets.
(Copies attached)
After the notice was sent, the department received a telephone
call from a woman named Louise, who works for Mr. Hahne, asking how
they can stop people from dumping. She was told to check the
property, have it abated, and then place a berm so people would not
have easy access to the property.
The notice and letter stated that Mr. Hahne's property
required cleaning of major dumping and if he did not comply, it
would be issued to city crews and be billed for labor, equipment
and county tipping fees.
The property was inspected for compliance on September 5, 1992
and the property owner failed to comply. The department received
numerous complaints from surrounding owners regarding the dumping
and rodents entering their property due to all the debris.
City crews were sent to abate the property on September 14,
1992, they were pulled off the job to assist with paving and
returned to complete the abatement on September 23, 1992 .
(Photos attached)
Total charge for the abatement was $3 , 541.76 ($653 . 35 labor,
$75.00 administration fee, $228.67 equipment and $2, 584 .74 County
dump fees, copy of receipts attached) .
Based on the evidence presented, by majority vote the Board of
Building Commissioner's adopted the sum of $3,541.76 to be assessed
against Mr. Hahne and ordered that a lien be placed on the property
if the assessment was not paid. A copy of the Board of Building
Commissioners order is attached.
Mr. Hahne has suggested on his appeal to the Mayor and Common
Council, that the top dollar amount he would normally pay a
contractor would be $700. 00. Mr. Hahne's property had major
dumping and as shown as part of this exhibit the total dump fees
were $2, 584.74. It is our opinion that no contractor could dispose
of the debris at a landfill for $700.00.
The city has had to abate Mr. Hahne's property on several
other occasions because Mr. Hahne had failed to comply when
notified in the past.
'5-0264
0
RESOLUTION NO.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST
OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL
2 PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS O
THE ABATEMENT
3 WHEREAS, the City of San Bernardino, pursuant to it
4 authority under Chapter 8 . 27 of the San Bernardino Municipal Code,
5 did lawfully cause public nuisances to be abated on the properties
6 described in Exhibit "A" attached to and incorporated in this
7 resolution; and
8 WHEREAS, notice was given to the owners of record of said
9 properties, and a hearing has heretofore been held to hear protests
i0 and assess the costs of said abatement before the Board of Building
11 Commissioners.
12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
13 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
14 SECTION 1. Said costs are found to have been incurred by
15 the City pursuant to proceedings under the San Bernardino Municipal
16 Code, and the final statement of costs on file with the City Clerk
17 is hereby confirmed and adopted as special assessments against the
18 properties listed in Exhibit "A" hereto.
19 SECTION 2. If said sum is not fully paid to the City
20 Clerk, City Hall, San Bernardino, within five (5) days after mailing
21 a notice to the person or persons of the adoption of this resolution
22 as to any such individual parcel, then said sum shall be and become
23 a lien on said property pursuant to said Municipal Code provisions
24 and applicable laws and shall be collected as a special assessment
25 thereon.
26 SECTION 3 . In the event any sum is not paid as
27 hereinabove provided, the City Clerk is hereby directed to file a
28 01/21/93 -1-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS O
ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REA
2 PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS O
THE ABATEMENT
3 certified copy of this resolution, including Exhibit "A" showing '
4 such sums as remain unpaid, to the Recorder and the Auditor of the
5 County of San Bernardino, State of California, directing that each
6 sum be entered as a lien charged against the property as it appears
7 on the current assessment rolls, to be collected at the said time
8 and in the same manner, subject to the same penalties and interest
9 upon delinquencies, as the general taxes for the City of San
10 Bernardino are collected.
11 /
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
27 /
28 01/21/93 -2-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF
ABATEMENT
LOCATEDPUBLIC
WITHINNUISANCES
CITY�OF SAN BERNARDINO FOR THE COSTS EAL
2
PROPERTY
THE ABATEMENT
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the day of
6 , 1992 , by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16 City Clerk
17 The foregoing resolution is hereby approved this
18
19 day of , 1992 .
20
21 W.R. HOLCOMB, Mayor
City of San Bernardino
22
23 Approved as to form
and legal content:
24 JAMES F. PENMAN
25 City Attorney
26 By: ,,,_, �►
27
28 01/21/93 -3-
l J
ORDER NO. 1777
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CIT
OF SAN BERNARDINO ASSESSING COSTS OF ABATEMENT OF PUBLIC NUISANCE
2
3 WHEREAS, pursuant to San Bernardino Municipal Code, Titl
4 8, Chapter 8 . 27 , the Director of Public Services of the City of Sa
5 Bernardino has given notice of and thereafter abated a public
6 nuisance found to exist on the properties described in Exhibit "A'
7 attached to and hereby incorporated in this order; and
8 WHEREAS, pursuant to San Bernardino Municipal Code, the
9 Director of Public Services served notice to all property owner
10 listed in Exhibit "A" , of the hearing before the Board of Buildin
11 Commissioners of the City of San Bernardino relating to abatement
12 costs to be assessed the owners and their right to appear at said
13 hearing and protest the assessments; and
14 WHEREAS, every property owner against whom an assessment
15 has been proposed has been afforded an opportunity to be heard by
16 the Board of Building Commissioners heretofore;
17 NOW, THEREFORE, THE BOARD OF BUILDING COMMISSIONERS OF THE
18 CITY OF SAN BERNARDINO ORDERS THE FOLLOWING:
19 1. Based upon the evidence submitted by the Director of
20 Public Services or his representative, it is found and determine
21 that the properties described in Exhibit "A" , constituted a public
22 nuisance which had to be abated by the City at the costs stated in
23 Exhibit "A" .
24 2 . These costs should be assessed in the amounts se
25 forth in Exhibit "A" against the respective properties and may be
26 _
27
12/02/92 -1-
28
1 made a personal obligation of the property owner by commencement of
2 court proceedings against the owner.
3 3 . Any person aggrieved by this order may appeal to th
4 Common Council by filing with the City Clerk a written statement of
5 the order appealed from, the specific ground of appeal and th
6 relief or action sought from the Common Council pursuant to the Sa
7 Bernardino Municipal Code.
8 I HEREBY CERTIFY THAT THE FOREGOING ORDER WAS DULY ADOPTE
9 BY THE Board of Building Commissioners of the City of San Bernardin
10 at a regular meeting thereof, held on the 4th day of December
11 1992 , by the following vote, to wit:
12 AYES: Commissioners Pollack, Westwood, Chandler,
13 Hunt, Flores. Gonzales
14 NAYS:
15 ABSENT: Cortez
16 ABSTAIN: Pensiero
17
CLERK,BOARD OF BUILDING COMMISSIONERS
18
19 The foregoing order is hereby approved this 4th day,
December 1992 .
20
21
22 OHAIRMAN,BOARD OF BUILDING COMMISSIONERS
23 Approved as to form
and legal content:
24
JAMES F. PENMAN,
25 City Attorney
26
By:
27
28 12/0 /92 -2-
WEED ABATEMENT ASSESSMENTS
EXHIBIT "A"
0143 102 23 Hahne, Clark H. W21305 3 , 561. 26
PO Box 315
Lake Arrowhead, CA 92353
I
i
f`,' -• =
C I T Y O F
5an bernardino
P u ! L I C S E R V I C E S 0 E P A R T M E N T
M A N U E L P . M O R E N O . J R
D I R E C T O R . P U B L I C S E R V I C E S
August 24 , 1992
Clark H. Hahne
PO Box 315
Lake Arrowhead, CA 92352
Re: Parcel No: 0143 102 23
Dear Ms. Reyes:
Attached you will find a "Notice to Clean Premises" for the above
mentioned parcel giving you 10 days from the above date to abate
the dumping.
We will be inspecting the property for compliance on September 4 ,
1992 and if not in compliance this will be issued to city crews for
cleaning. you will be billed for labor, equipment and tipping fees
($36. 65 per ton) which will cost you a very large sum of- money.
If you have any questions, please contact me at (714) 384-5045 .
Ver truly yours,
Denise Wilder
Acting Abatement Coordinator
PRIDE
IN PROGRESS
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 7 1 4 1 3 . 4 - 5 0 5 3 A�a
CITY OF SAN BERNAhl N DEPARTMENT OF PL -jC SERVICES
ABATEMENT SECTION
300 North "D" Street
San Bernardino, CA 92418
(714) 384-5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
Hahne, Clark H. RE: PARCEL 0143 102 23
PO Box 315 PROPERTY DESCRIPTION:
Lake Arrowhead, CA 92352 -
By virtue of the weed abatement rules and regulations of the City of San Bernardino, San Bernardino Municipal Code Chapter 8.27, you are hereby
notified to remove from your property, which is described above, any and all of the items described below which constitute or may constitute a
public nuisance so that the removal thereof is necessary to protect the health and safety of the inhabitants of said City:
All Debris and
Weeds and Grass ❑ Tumbleweeds ❑2 Combustible Mate-rals Other (See Below)
Notice is hereby given pursuant to Section 8.27.040 of the San Bernardino Municipal Code that the Public Services Director of the City of San Bernardino
has determined that a nuisance exists on or abutting the property described in this Notice or on the parkway thereof. The nuisance consists of one
or more of the following: weeds, sagebrush, chaparral, brush, dry vegetation or vegetation which asains such extensive growth as to become a
fire menace when dry, poison oak or ivy or other plants which are noxious or dangerous, dry grass,stubble, brush, deadwood, dead or diseased
trees, dead or dry palm fronds, fences in disrepair or broken, litter, flammable material which creates a fire hazard, containers, abandoned asphalt
or concrete, rubble or waste materials. You must abate or remove this nuisance within ten (10) days of the date of this notice; otherwise it will
be removed and abated by the City of San Bernardino, in which case the cost for such removal wiF be assessed upon the property from which,
or abutting the property from which, said nuisance is removed, and such costs will constitute a tax lien on such lots or land until paid.
Any person objecting to this determination of a nuisance or to the proposed removal and abatemerr of said nuisance. may file a written protest
with the City Clerk not later than ten (10) days from the date of this Notice. The City Clerk shall transmit such protests promptly to the Board of
Building Commissioners of San Bernardino.
Notice is further given that said protest shall be heard before the Board of Building Commissioners in the Council Chambers at City Hall, 300 North
••D'• Street, San Bernardino, California,on the first Friday of the next month after the date of this nonce at 9:00 in the morning. If a timely protest
has been filed, you or your agent may appear at said hearing and be heard and may present and hear e,ndence concerning the proposed abatement.
The Public Services Director has also determined that the property described in this Notice supports she growth of weeds, dead or dry palm fronds
and dry grass which are seasonal and recurrent nuisances that must also be removed and abated hereafter from time to time. Notice of regrowth
of this nuisance during this calendar year will be given without further hearing.Failure to abate such recurring conditions will result in the City abating
such nuisance, in which case the cost of such removal shall constitute a tax lien upon the property described in this Notice until paid. The efficient
and economical control of such seasonal and recurrent nuisances may require preventative chemical control of such weeds, weed seeds,and weed
seedlings, and the City may require preventative chemical control of such nuisances.
❑ If checked here, then the following Notice of Regrowth applies instead:
A"Notice to Clean Premises,"as stated above,was previously mailed to you,declaring a nuisance on t ie above property.That Notice.which required
removal or abatement of such nuisance, also declared that substantial regrowth must be abated. The above property was recently inspected, and
the removal of any or all of the following items is required at this time:
❑ Weeds and Grass ❑ Tumbleweeds ® Other Major [1 im l tln
You are hereby urged to perform the abatement work indicated within ten (10) days from the date of this Notice. If the property is not cleaned
and the nuisance abated within this time, the City will have the work done to abate the nuisance and will assess the costs thereof as a tax lien
against the property. No hearings are conducted on Notices of Regrowth.
ABATEMENT COORDINATOR ABATEMENT MUST BE COMPLETED
DEPARTMENT OF PUBLIC SERVICES WITHIN TEN DAYS OF THE DATE BELOW:
(714) 384-5045
DATE: 08-24-92
-
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� �
ASONS
S _
REALTY
September 28, 1992
Office of Mayor Bob Holcomb
300 North B Street
San Bernardino, California 92418
Attention: Ray Salvador
Dear Ray:
I 'm following up on our phone conversation of September
28, 1992 .
Enclosed is a notice to abate from the Department of
Public Services, it was mailed from your office
9-23-92 . In fairness to the Department of Public
Services I had received a previous notice which I
receive every year from the same department. At that
time I contacted Bud Davis Back Hoe Service who has
done work previously on this property and requested he
do the work. The second notice which is
enclosed clearly says that the abatement must be
completed with in ten days of 9-28-92 . I called Bud
Davis immediately and urged them to do the work right
away. Bud inspected the property and called me back
with the information he would be starting work on
Monday September 28th.
He called me from the job site where he had unloaded
his equipment and said there was evidence of some
cleanup and a water truck being on the property.
I immediately called the abatement. section of the
Department of Public Service and talked to a women and
informed her that I had my own contractor on the
property to do the work and I was clearly with in the
10 days abatement time as indicated on the enclosed
notice. She informed me rather rudely that I would
receive a "major bill" from the City. I informed her
that I had no intention of paying any bill to the City
and I would have my own contractor do the work.
After that I called and asked for Major Bob Holcomb,
they were kind enough to put me in your hands .
P.O. BOX 1000 , LAKE ARR7WHEAD,CALIFORNIA 92352
(714)337-611 AX i714j 337-5144
Page #2
It was suggested by a gentlemen at the abatement
section with whom I spoke several months ago that if I
had my contractor place a berm around the access
points to prevent cars and trucks from driving and
dumping on the property, should solve my problem. with
your permission I will have Mr. Davis complete that
project this week.
sincerely,,
Clark H. Hahne
Owner/Broker
enclosures
cc - file
Bob Holcomb
till
October 7 , 1992
Office of Mayor Bob Holcomb
300 North B. Street
San Bernardino, California 92418
Attention: Ray Salvador
Dear Ray:
On September 28th I wrote you a letter regarding my
parcel - cleanup.
Today, I received an invoice #W21305 in the mail from
the City of San Bernardino Finance Department.
As I stated in my letter of September 28, I will not
pay the city for their clean up as I had my own
contractor there and already doing the work on
September 28, the first day of my 10 day notice.
Please contact the city regarding this matter.
I 'd rather handle it in this way rather then employing
an attorney,
Sincerely,
Clark H. Hahne
Owner/Broker
enclosures
cc - file
CITY OF SAN BERNARDINO Q FC
INTEROFFICE MEMORANDUM P Cl 4/,"
TO: Manuel Moreno, Jr. , Director of Public Services ,e9��C
Fs
FROM: Ray Salvador, Mayor's Administrative Assistant
DATE: October 1, 1992
SUBJECT: - Weed Abatement on Parcel #014310223
COPIES: Mayor, File.
-----------------------------------------------------------------
Please review the attached correspondence and advise if the City
initiated weed abatement action prior to the expiration of the 10-
day notice dated September 28, 1992 . Thank you for your assistance
with this matter.
Ray Salvador
CITY OF SAN BERNARDINO
PUBLIC SERVICES DEPARTMENT
INTER-OFFICE MEMORANDUM
To: Ray Salvador, Mayor's Administrative Assistant
From: Manuel P. Moreno, Jr. , Director of Public Services
Date: October 7 , 1992
Subject: Weed Abatement on Parcel No. 0143 102 23
Attached is a copy of the letter which was sent to Mr. Clark Hahne
along with a 10 day "Notice to Clean Premises" dated August 24 ,
1992 and tipping fee receipts pertaining to the abatement of Mr.
Hahne's parcel.
We received numerous complaints from the residents surrounding this
property about rodents entering their homes and property due to all
the debris, drug dealings and prostitution activities.
The department acted upon the 10 day notice dated August 24, 1992 .
The notice which Mr. Hahne is referring to is the Fall notice which
was mailed to all property owners of vacant lots.
City crews were assigned to clean this property on September 14 ,
1992 , this was 11 days after his expiration date. The crew was
pulled off the abatement to assist with paving and went back on
September 23rd to complete the job. We have 52 polaroid photos,
and portions of the abatement on video to justify the abatement on
this lot. The total cost for this abatement is $3 , 541.76.
cc: W.R. Holcomb, Mayor
Council Off ice _ __
ti
Aft
TY OF SAN BER ARDINO - REQUEST FOR COUNCIL ACTIOI
From: Al Boughey, Director Subject: 588 Western
(see attachements)
Dept: Planning & Building Services
Appeal to the Mayor and Common Council of the
A te,Or tecmeber 17, 1992 Board of Building Commissioners Order 41711,
Meeting of August 7 1992
`Sy►nops&bf'Previous Council action:
No previous Council action
Recommended motion:
That the Mayor and Common council deny the appeal and accept staff recommendation as follows:
(a) A Public Nuisance existed at the time of inspection, and that a subsequent fire
at this location caused the structure to become dangerous as determined by the
Building Inspector;
(b) The owner(s) is to pay all current costs associated with emergency abatement action
taken against the property, and if unpaid shall become a lien on said property and
the personal obligation of the owner(s) . The cost incurred , the City for abatement
proceedings against the property was $7,433.00. This amoun s ould be paid to the
City Clerk's Office within thirty (30 ays o ty C un it Action.
ture
Al Bo ector
Contact person:_ Al Boughey, Director Phone:_ 384-5357
Supporting data attached: Background, supporting documents. Ward: 1
staff response N/A
FUNDING REQUIREMENTS: Amount.
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: �rcG¢- _ /W-13 14-7
p Q
ATTACHMENTS AND INDEX
Attachment Page(s)
Subject (Exhibit A) 1
Staff response 2
Background summary 3 - 7
Building Division Report 8
Fire Department Report 9 - 11
Police Department Report 12 - 14
Copies of the SBMC 15 - 19
Requisition form 20
Order No# 1711 21 - 25
Correspondence received from prop owner 26 - 33
588 WESTERN
(Exhibit A)
SUBJECT (Attachement)
On May 7 , 1992 a fire at this location warranted emergency
abatement. The property was demolished and the matter set before
the Board of Building Commissioners for July 10, 1992 . The matter
was continued until the meeting of August 7, 1992 .
On August 7 , 1992 , the Board of Building Commissioners accepted
Staff's Recommendation as follows:
(A) A public nuisance existed at the time of inspection, and
that a subsequent fire at this location caused the structure
to become dangerous as determined by the building inspector;
(B) The owner is to pay all current costs associated with
emergency abatement action taken against the property, and if
unpaid shall become a lien on said property and the personal
obligation of the owner(s)
REOUEST
The property owner, Ms. Cynthia Robles has appealed the Board of
Building Commissioners order (#1711) , to the Mayor and Common
Council .
STAFF RESPONSE
Introduction•
On Friday, August 7, 1992, the Board of Building Commissioners
passed Order # 1711, declaring 588 WESTERN a public nuisance and
'upholding the action taken by staff to abate this nuisance under
emergency abatement proceedings.
Ms. Robles, one of the property owners of this fire damaged single
family residence, questioned the ordinances which addressed
emergency abatement action. She was concerned her procedural due
process had been denied as no notice was received prior to the
demolition of the property.
These allegations can be summarized as follows:
Procedural Due Process
Ms. Robles owned a vacant and severely vandalized single family
residence at 588 WESTERN. This structure was subsequently destroyed
in a fire under suspicious circumstances, (San Bernardino Police
Department Case #92-21116) . Although the property was listed for
sale with a local realtor, it remained easily accessible to
transients and unmaintained.
By Ms. Robles own admittance, neither she nor her realtor inspected
the property on a regular basis. The realtor learned of the fire
only after an unidentified caller told him. Although Ms. Robles was
advised, she failed to make a site visit to check the extent of the
damage or to secure it from unlawful entry until twenty-five (25)
days later.
The responsibility of securing it from unlawful entry and
preventing a potentially hazardous situation was placed upon the
city when the property owners failed to act. The property was
posted as required in the San Bernardino Municipal Code, Section
15.28. 140 (1) . In addition, as outlined in Section 15.28.150, a
notice together with the cost incurred and the property owners
right to appeal was mailed via certified letter to all vested
owners of record as shown in the title report obtained by the city.
The chronology of events clearly show the City acted in accordance
with the code, and summarily abated the nuisance after it was
determined to be an immediate health and safety hazard and
potentially injurious to the public.
588 WESTERN
BACKGROUND SUMMARY
WEDNESDAY, APRIL 29, 1992
Complaint received from the Public Services Department regarding an
unsecured single family residence with trash, debris, and graffiti.
WEDNESDAY, MAY 6, 1992
Code Compliance Officer Al Williams made a site inspection. His
field observation report noted the following conditions:
A vacant unsecured residential unit located between two
occupied dwelling units in a residential zone;
The flooring in the house was noted to be weak with holes in
several areas;
Evidence of transients continually occupying the dwelling
unit; bedding material found in several rooms inside the
structure;
A prostitute was found servicing a client on the floor in what
appeared to be the dining room area;
Trash and debris both inside and outside the dwelling and the
garage; this included beer cans, food items; misc. trash,
clothing, paper, etc. ;
Heavy graffiti both inside and outside the structure and
detached garage;
Overgrown vegetation alongside the house and garage;
unmaintained landscaping to the front of the house;
A dilapidated garage with an inoperable vehicle protruding out
of the doorway;
The officer returned to the office and prepared a ten day
correction notice for mailing to the property owner of record as
required in the San Bernardino Municipal Code, Section 15. 28 . 030.
Page -2-
588 Western
THURSDAY, MAY 7, 1992
The Fire Department responded to a fire at this location at
approximately 4 :45 AM, (Incident #92-1014) . As stated in their
report, I'Vacant structure had been used by transients. Fully
involved upon arrival". The cause was under investigation as
$$suspicious#$.
The Fire Department dispatcher contacted the Code Compliance
Division at approximately 8: 00 A.M. and requested abatement action.
The Building Department was routed to the scene for a fire damage
assessment report. Senior Inspector, Jack Master completed the
inspection.
His report dated 5/7/92 stated, $@a total loss with portions of the
bearing walls completely burned and many rafters burnt beyond
normal structural limitations". His notes stated, "House should be
demolished immediately. Foundations is inadequate to rebuild on,
garage and shed on rear of property are both delapidated and should
be demolished at the same time as the house.,,
FRIDAY, MAY 8, 1992
The first notice prepared by A.L. Williams was canceled and not
mailed as the subsequent fire compounded the violations at this
location. Urgent abatement was ordered as outlined in the San
Bernardino Municipal Code, Sections 8. 30. 120 and 15. 28 . 150.
Requisition #181-356 was submitted to the Purchasing Department
requesting urgent action on a demolition project. This action for
summary abatement was based upon the immediately dangerous and
hazardous conditions the structure posed to public health and
safety. HUNTS WRECKING COMPANY obtained the necessary permits and
demolished the structure to Purchasing Department specifications.
During the month of May, a title report was ordered and research
was done on the property. The following notes were recorded in the
file.
BOYD REALTORS obtained the listing for this vacant house
February 8, 1992.
Southern Ca. Gas disconnected service April 1992
Southern Ca. Edison disconnected service April 1992.
Water service was disconnected April 1992.
Page -3-
588 Westerm
WEDNESDAY, MAY 27, 1992
The contractor's invoice was received in the Code Compliance
Division. Code Compliance Officer A.L. Williams was routed to the
site to verify completion of the project.
FRIDAY, MAY 29, 1992
All supporting documentation and the approved invoice were
forwarded to the clerical staff for processing. A notice of action
taken to include a statement of costs was being prepared for
mailing to all vested owners of record as shown in the title
report. This matter was set before the Board of Building
Commissioners for July 10, 1992 .
WEDNESDAY, JUNE 3, 1992
Senior Code Compliance Officer, Bonnie Garcia received a call from
Ms. Cynthia Robles, one of the property owners of record. Ms.
Robles stated she lived in Moreno Valley and her realtor had
advised her approximately three weeks prior that a fire had
occurred at 588 Western. He was unable to tell her the extent of
the damage as he had received the information from an unidentified
person over the phone and he had not inspected the property. Ms.
Robles further stated she had not made an inspection of her
property until Thursday May 28, 1992 at which time she discovered
the structure had been demolished and the property cleaned.
Ms. Robles was advised the fire had completely destroyed the
structure. The building inspector had recommended summary abatement
based upon the extent of the damage and the danger it posed. The
San Bernardino Municipal Code required a statement of costs be
included with the notice of action, therefore it could not be sent
until the project was completed and the invoice approved. She was
advised a notice of action taken and statement of costs was being
prepared for mailing to all vested owners.
She further requested and was provided with the incident number and
name of the Fire Department investigator.
MONDAY, JUNE 8, 1992
Certified letters were mailed to the property owners of record, Mr.
Jack Ramirez, Mrs. Cynthia Robles and Mr. George Ramirez ,
(certified mail #P905431987 and P905431988) .
Page -4-
588 Western
MONDAY, JUNE 22, 1992
A letter of protest was received from Ms. Cynthia Robles.
'FRIDAY, JULY 10, 1992
The Board of Building Commissioners continued this item until
Friday, August 7, 1992 .
FRIDAY, AUGUST 7, 1992
Ms. Robles presented her case before the Board of Building
Commissioners. She provided copies of letters she had written to
Councilman Hernandez, former Facilities Management Director, Wayne
Overstreet and the City Clerk's office. Ms. Robles was upset
because the city had initiated emergency abatement action against
her property and she had not been advised until after the buildings
were demolished. She further stated she had obtained proposals from
several demolition contractors which were lower than the costs
incurred by the city. She asked the Board for relief of all costs
based upon emergency demolition being completed without her
knowledge.
Senior Code Compliance Officer, Bonnie Garcia, presented her
evidence before the board. She provided photographs taken in April
by Public Services, photographs taken May 6, 1992 by the Code
Compliance Division and reports prepared by the Fire Department and
Building Division. She explained urgent public nuisances as
defined in the San Bernardino Municipal Code, (Section 8. 30. 010 and
15.28. 150) ) and the notification procedure outlined in Section
15.28. 140. She offered as evidence the immediate life threatening
hazards noted by the building inspector, the fact that transients
had continually occupied the structure as documented by three
agencies, (Public Services, Code Compliance and the Fire
Department) and the fact that the structure was located in a
residential neighborhood.
Copies of Mrs. Robles' letters were submitted as evidence and
contradictory statements relative to the abatement action taken
were discussed.
In her letter to Facilities Management, (dated June 10, 1992) she
claimed her realtor informed her May 20, 1992 a fire had occurred
at her property and she immediately called the Fire Department and
requested a fire report.
Page -5-
588 Western
In her letter to Councilman Hernandez, (dated June 19, 1992) she
stated her realtor informed her May 13, 1992 a fire had occurred at
her property and May 14 , 1992 she called the Fire Department and
requested a copy of the fire report. She did not mail the required
fee until May 20, 1992 .
In both letters, she clearly indicated the realtor advised her of
the fire but neither of them went to inspect the fire damage or to
secure it from unlawful entry. Ms. Robles did not go to the site
until Thursday, May 28. 1992 , twenty five (25) days after the
original fire.
The Board examined all the evidence and accepted staffis
recommendation to declare the property a public and incur the
costs.
Prepared by: Debra Daniel, Code Compliance Supervisor
for Al Boughey, Director of Planning & Bldg Services
Attachements: Letter of Appeal to Mayor and Common Council
Order of the Board of Building Commissioners 41711
Staff Response
Background summary
Building Division Report
Fire Department Report
Police Department Report
Copies of the SBMC
Requisition form
Correspondence from property owner
4
. r
i
Fire Damage Report
Location: ��,��,e,� Date of Fire:
Reported By: Date:
Extent of Damage:
Comments: t Z �
IV
Estimated Valuation:
F] Plans Required
Bldg. Elect. Ingoeetorl
Permits Required �
Plbg. ® Mech. Date
11 .7-1 _ City Fig �ar�t se yand FID Fi Name
Date
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...d in this report are STATE OF CALIFORNIA
,r the sole use of the OFFICE OF THE STATE FIRS MARSHA(
.•:fe Marshal. Fs ti INCIDENT No.
..evaluations made herein repro- FIRE INCIDENT REPORT
cant most Ilkely ' and most C b�
Probable'• cause and effect. Any V J
repre Sent at ion as to the validity Or
accuracy of reported conditions OEL CONK
outside the State Fire Marshal's CITY OF SAN BERNARDINO 1 ❑ ZE
office, is neither intended nor FIRE DEPARTMENT
imp tied. (DEPARTMENTAL USE(
LOCATION OF INCIDENT SP/APT NO. ALARM
1
SOURCE TEL. �AAL RAD!Ox OTHER
Z OCCUPANT/PATIENT ADDRESS ZIP SP/APT NO.
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3 OWNER NAME ADDRESS CITY
ZIP FDZ
4 MANAGER NAME I CITY ZIP TELEPHONE N0.
A. INFORMATION (PAGE 17)
TIRE DEPT ID INCIDENT N0. EXPOSURE Y0. TIME MJN T'I DAY YEAR DAY DIST rOUT OF J URISDICTION
CODE F FIRE C3 6 1 9 5 o O K IF vCS
B. PROPERTY CLASSIFICATION I PAGE 19) C. PROPERTY TYPE (PAGE 41 )
CODE -YPE OF INCIOEN' CoNSTR OATC PROPER-Y MANAGEMENT
I PPC'2 POST Tt PVT FCD STATE COUNTY CITY DISTRICT rOREiGN OTHER
/ c t 2 t 2 3 a 6 a
CODE PROPERTY CL SSIFICA-I04 ICOI4PLExI CODE STRUCTURE. 9UILDING OR vEHICIE - PROPERTY TYPE
2 6UILOING
NO. STORIES
CODE PROPERTY CLASSIFICATION tINDI VI DU AL:
3 STRUCTURE. BUILDING OR VEHICLE - CONSTRUCTION TYPE
NEXT WALL INT. WALL FLOOR - ROOF r1R[ RA7C0
NiC CoNe N c Coble N c CoMS Ycs No
I 2 3 a 6 T a
D. EXTENT OF DAMAGE (PAGE 45) E. LOCATION & CAUSE (PAGE 49)
1 CODE EXTENT OF DAMAGE _ FIRE CODE LEVEL OF ORIGIN
= v
CODE
2 EXTENT OF DAMAGE - SMOKE CODE SOURCE OF HEAT CAUSING IGNITION
CODE EXTENT OF DAMAGE - WATER
3 CODE nFORM OF MEAT CAUSING IGNITION
ESTIMATED LOSS - PROPERTY ESTIMATED LOSS - CONTENTS 3,CODE ACT OR OMISSION CAUSING IGNITION T
71 a&jLj!?l r
F. AREA. MATERIALS & SMOKE SPREAD (PAGE 63) G. SPREAD OF FIRE (PAGE 77) IV��
CODE AREA OF ORIGIN
1 CODE MAIN AVENUES FIRE SPREAD
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CODE TYPE OF MATERIAL FIRST IGNITED CODE C- TYPE MATERIAL`C•7AUSING SPREAD
2 I Z
CODE FORM OF MATERIAL FIRST I.N(TED CODE FORM MATERIAL CAUSING SPREAD
3 SI '� .S 3
CODE MAIN AVENUES SMOKE SPREAD t
4
CODE ACT OR OMISSION CAUSING SPREAD
4
H. PROTECTION FACILITIES (PAGE 91 ) 1. PROTECTION FACILITIES (PAGE 97)
--
CODE SPRINKLERS - TYPE ! CODE PRIVATE 9RIGADE- TYPE
�
CODE SPRINKLERS - EFFECTIVENEf 1 CODE PRIVATE PRISAOE - EFFECTIVENESS
CODE STANDPIPES - HYPE
CODE SPECIAL HAZARD PROTECTION - TYPE
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4 CODE STANDPIPES - EFFECTIVENESS -.,`_a•T `!.`..• j CODE SPECIAL HAZARD PROTECTION - EFFECTIVENESS
CODE PORTABLE EXTINGUISHERS - TYPE CODE 516NAL OR WARNING SYSTEM
S
TYPE CODE EFFECTIVENESS
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CODE PORTA9LE EXTINGUISHERS - EFFECTIVENESS CODE SIGNAL W
6 ARNING SYSTEM - 1 MEANS OF ACTIVATION
6
CODE SIGNAL/WARNING SYSTEM - TYPE DETECTORS
J. MISCELLANEOUS (PAGE 109) 7
FIREFIGHTER CIVILIANS CODE WATC HFIAN
1 MO: INJURED N0. OF DEATH INJUR[D CODE OTHER FACILITIES
NO. OF DEATHS EFFECTIVENESS e
I EFFECTIVENESS
SFM FORM GO-1 SU7MITTED FOR EACH DEATH ........
z (CHECK BOX IF YES)
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6.NO. LINES /
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8. LADDERS USED—NO. 9.TOTAL FEET
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'PDLICB DBpARTMINT, CA0361000 92-21116
8Ax BBRNARDINO, CALIlOR31IA PAGE 1
PC 451 ARSON CLASSIFICATION: RESIDENTIAL
RAMIREZ, JACK
I.D. IMSTIGATION•
At approximately 1030 hours, Thursday, 05-07-92, I was dispatched to 588 N.
western, in response to an Arson fire investigation. Upon arrival contact
was made wi .h Arson Fire Investigator AL RICE, of the San Bernardino City
Fire Department, who requested photographs of the scene. The request was
complied with. Black and white film was used. The film will be processed
and filed.
kHQTQGRAPHS TAKEN,*
1. Overall view exterior northwest side of residence.
2. Overall view exterior west side of residence.
3. Overall view exterior southwest side of residence.
4. Overall view exterior southeast side of residence.
5. Overall view exterior east side of residence.
6. Overall view exterior northeast side of residence.
7. Overall view of living room, looking east.
8. Overall view of living room, looking west.
9. overall view of living room ceiling.
10. Overall view of family room, looking east.
11. Overall view of family room, looking west.
12. Overall view of famUy room ceiling.
13. Overall vi tc2ien, looking north.
14. Overall .vf tchen,, looking south.
15. Overall vier of kitchen ceiling.
16. Overall view of kitchen floor.
17. Close-up view of doorway to family room and kitchen area.
TOMBOC/24907/m -07-9
PEVIEWED BY: - RECORDS USE ONLY
SBPD CR-2a
• " : =v �n
0
"P0I6Z7- DZPAATXZNT, C10361000 92-21116
BAN BBRU RDI360, CALIFORNIA PAGE 2
PC 451 ARSON _CLASSIFICATION: RESIDENTIAL
RAMIREZ, JACK
PHOTOGRAPHS TAKEN CONT'D:
18. Overall view northwest bedroom, looking east.
19. Overall view northwest bedroom, looking west.
20. Overall view northwest bedroom floor.
21. Close-up view of baseboard in northwest bedroom.
22. Close-up view of electrical box.
23. Close-up view of gas meter area.
E BOC/24907/af 0 07-92 EWED BY: RECORDS USE ONLY
SBPD CR-2a
HEALTH AND SAFETY
Commissioners and confirmation by the Mayor and Common
Council, shall be liens upon the respective lots or premises
subject to abatement. The City officer shall institute pro-
ceedings for hearing and determination of the charges to be
assessed pursuant to the provisions of Chapter 3.68. (Ord.
MC-181, 7-6-82; Ord. 3039 (part), 1969; Ord. 3028 § 9,
1969.)
830.100 (Repealed by MC460.)
ARTICLE II. URGENT PUBLIC NUISANCES
830.110 Definition.
An "Urgent public nuisance" means anything constituting
an immediate hazard to life or property as defined in Section
3479 of the Civil Code, Section 7004 of Chapter 70 of the
Uniform Building Code, 1967 Edition, Section 15.28.010 or
anything defined as a public nuisance by any other ordi-
nance of the City or law of the state or by any court of
competent jurisdiction and which should be summarily
abated. (Ord. 2973 § 1, 1969.)
830.120 Adoption of state statute.
Government Code Sections 38771 through 38773.5 are
adopted and shall be operative and effective in the City. The
(San B«mrdino 9-85) 462
DANGEROUS BUILDINGS
sold after notice in any manner which the Director of Public
Services may determine to be reasonable; provided, that such
sale shall be made upon condition that the wreckage and debris
shall be removed and the lot cleaned. Any money or proceeds
from the sale of such building or structure and its materials shall
first be used to pay and/or reduce all costs incurred by the City
as set forth herinabove, and thereafter, any surplus of moneys
remaining,if any,after the satisfaction of all of the costs, shall be ` f
distributed to the parties lawfully entitled thereto. (Ord. MC-344,
2-20-84; Ord. 3481 (part), 1975; Ord. 2291 § 6 (part), 1960.)
>._
15.28.130 (Repealed by MC-177, 7-6-82.)
15.28.140 Securing dangerous buildings from entry.
A. In addition to the procedures provided for abatement of
nuisance caused by dangerous and hazardous structures as
set forth in this chapter, the building official or his repre-
sentative is given summary power to secure from entry any
structure which in his discretion he determines to be im-
mediately dangerous or hazardous, or in any other manner
injurious to public health or safety. The building official
may secure such structures using methods at his discretion
to accomplish the purpose which are most appropriate under
the circumstances. The building official shall also post a sign
stating in effect "DANGER, DO NOT ENTER" upon the
structure in at least one conspicuous place, with the word
"DANGER" in letters at least one inch in height.
B. Any person removing such sign without the express written
consent of the City of San Bernardino Building Official is
guilty of a misdeameanor, which upon conviction thereof is
punishable in accordance with the provisions of Section
1.12.010 of the San Bernardino Municipal Code.
C. The building official shall, immediately after such action,
mail a notice to the owners of the real property upon which r
the structure is located. Notice shall be mailed to the
address as ascertained from title company records, the latest
assessment role of the County Assessor, or if no address is
so shown, to the address of the property as such address
may be known by the building official. Such notice shall
contain the following information: (1) that he has secured
the structure; (2) the cost incurred by the City thereby;(3)
(� that he has posted signs as provided by this section;(4) the
857 clan Bemardim 7-89
BUILDINGS AND CONSTRUCTION
reasons why he has taken the action;(5) that an appeal may
be made within ten days to the Board of Building Commiss-
ioners, to be set for hearing at the next regular meeting;(6)
that if his action is not annulled by the Board of Building
Commissioners, the cost of securing the property shall be-
come a lien upon the real property unless the cost is paid to
the City within thirty days of the mailing of the notice.
D. The notice of appeal to the Board of Building Commission-
ers must be verified under oath or under penalty of perjury -
and must state the grounds upon which the action of the
building official is appealed;
1. the Board of Building Commissioners shall hear any
evidence or other relevant matter presented by the Ap-
pellant or the building official at its next regular meet-
ing after the filing of the Notice of Appeal;
2. after hearing all the evidence or upon the report of the
building official if no appeal is made, the Board of
Building Commissioners may confirm, amend, or annul
the action of the building official.
(a) if the action of the building official is annulled, the
City at its own expense shall remove any instru-
ments used to secure the structure and any signs stat-
ing that the building is unsafe to enter.
(b) if the Board of Building Commissioners confirms the
action of the Building officials in securing the struc-
ture, then the cost incurred by the City in securing
the structure shall become a special assessment and
lien against the property to be determined and col-
lected in accordance with the procedures set forth
in Chapter 3.68.
(Ord. MC-607, 9-21-87; Ord. MC-228, 12-6-82; Ord. MC-177,
7-6-82; Ord. 3227 (part), 1972; Ord. 2291 § 8(a), 1960.
15.28.150 Abatement of nuisance by building official.
The same procedures provided in Section 15.28.140 for
abating nuisances through securing from entry any structure
which is determined by the building official to be immedi-
ately dangerous or hazardous may be used by the building
official in connection with the summary abatement of all
other nuisances upon private property which the building
official determines in his discretion to constitute an immedi-
ately dangerous or hazardous condition. The building official r
I
I
(San Bemardino 7-88) 858
i
i
(-- DANGEROUS BUILDINGS
or his representative may then summarily abate such nuisances
in his discretion in the most appropriate manner under the cir-
cumstances, which may include, but not be limited to, the fol-
lowing methods: fencing, draining water from swimming pools
and filling with appropriate ballast, removing fire hazards, filling
or covering open holes and grading or strengthing landfills or
excavations. Although the manner and method used by the
building official shall be at his discretion, he shall, in making
his determinations, seek the most economical method and en-
deavor not to place an undue economic hardship upon the
owners of the property, using only those measures which will
eliminate the dangerous and hazardous conditons. The build-
ing official shall immediately after such abatement action mail
notice to the owners as provided in Section 15.28.140(1)set-
ting forth the action he has taken;(2) the cost thereby incurred
by the City; (3) the reasons why he has taken the action; (4)
that an appeal may be taken within ten days to the Board of
Building Commissioners as provided in Section 15.28.140; and
(5) that if his action is not annulled by the Board of Building
Commissioners, the cost of abating the nuisance on the pro-
perty shall become a special assessment and lien on the real
property unless the cost is paid to the City within thirty days
of the mailing of the notice. The procedures hereunder for
appeal, hearing, and any other actions shall be as provided in
Chapter 3.68 for determination and collection of the assess-
ment for costs of abatement. (Ord. MC-177, 7-6-82;Ord. 3593,
1976; Ord. 3227 (part), 1972;Ord. 2291 § 8(b), 1960.)
15.28.160 Discontinuance of utilities.
In the event the building official causes summary abatement
of any condition herein provided and as an alternate method to
insure that payment is made to the City for the costs of such
abatement in cases involving abandoned structures, the building
official is authorized to direct all utility companies to
discontinue any utility services or connection to the property
upon which the structure is located; and the utility companies
( shall not reconnect until full payment of such cost is made to
859 (San Bernardino 3-87)
BUILDINGS AND CONSTRUCTION �-
the City as determined by the building official. (Ord. 3227
(part), 1972; Ord. 2291 § 8(c), 1960.)
15.28.170 Filing of notice of pendency of administrative pro-
ceedings.
At any time after the building official has initiated action to
locate and serve the owners with the notice of defects referred '
to in Sections 15.28.020 through 15.28.040, or has posted a
"Danger" sign upon a structure as provided for in Section
15.28.140, or has begun summary abatement of a nuisance as
provided for in Section 15.28.150, he or the City engineers
may file with the county recorder a notice of pendency of
administrative proceedings which shall constitute notice to any
subsequent owner, purchaser, encumbrancer of the property
described therein or involved in the proceedings, beneficiary
of a trust deed, lienholder,mortgagee, or any other person hold-
ing or claiming any interest of any kind in the property describ-
ed therein who shall be bound by the administrative proceed-
ings,including liability for all amounts and costs and expenses
assessed against the property as a lien for abatement in the same
manner as if he had been the owner at the time of commence-
ment of the proceedings and had been properly served at that
time. (Ord. MC-580, 2-2-87; Ord. 3227 (part), 1972;Ord. 2291
§ 8(d), 1960.)
(San Bernardino 3-87) 860
A%
--� RL-JUEST FOR PURCHA
CITY OF SAN BERNARDINO
PLEASEOROER THE FOLLOWING<FOR DELI VERYTO Requisition:Ma. ISI-356
City of San. Bernardino Requisitivrr Date May.`8,- 1992
300>North "D` Street' Prtodttr Routine Urgent X. Bieakdown.
San Bernardino, 92418
Required Date G
Planning nt/Division[ mate(it kiiowry Finance AoorovauFunas Avadaoie Commodity Code
Plannn & Building/Co de Enforcement
accountsnj Codes: nm w $8,000.0 "
001 81 53135 Eqpt.fft, Work Order Haz. Material Originator of this.mquest-(print)
account Description:
Demolition Debra. Daniel
Confirm P.O. No. E Number iphorw
TO Ulz.USED FOR(Must be completed) X 5205
Demolition
Item Complete Nomenclature I Description of Material Dimensions. Color, Mfg. 8 puantity Price o N
Number, Etc. Detail description of work to be done. If replacement part—Mfg. I To I Unit Unit P
of I or Best Extension
Name. Part no., Model& Serial no.of Machine. Order Measure Estimate
1 588 Western
Report/Project # 92-1014
APN 138 103 0
Com le a de
walls, fences, walks, drivewalks and foundations,
basements, dead trees and bushes. Cap all utilities.
Fill and compact all holes to 90%. Leave lot clean
with drainage to street. Contrator to supply all
labor and materials. Permits are required before
starting work. Dust control to be enforced and
work to be completed within one week after award
of contract.
ommenaed Vendor. I Phone:
;P_P Damnl i ti on T i ar SUB TOTAL
Press:
SALES TAX
tact: Delivery Date: EST. FREIGHT
Ts: F.O.B. Point GRAND TOTAL
xher vendor contacts use re+rerae aide:
reby certify teat the items are necessW for
�depf`,n" > solely for tha f7erieftt I Buyer. I APPROVED:
In �/ A.ft
aER"A R Doti
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�ViGi.-•�`7i C I T Y O F
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an bernardino
D 1v �0
D E P A R T M E N T OF P L A N N I N G A N D B U I L D I N G SERVICES
A L B 0 U G H E Y , A I C P
D 1 R E C T 0 R
CYNTHIA ROBLES September 15, 1992
12030 POUTOUS COURT ORDER NO: 1711
MORENO VALLEY CA 92388
Pursuant to the action of the Board of Building Commissioners taken
on Aucrust 7. 1992, a nuisance was found to exist at 588 WESTERN.
Attached hereto, is a copy of the Board of Building Commissioner's
Order, which states the findings of the Board, and the action
necessary to abate the public nuisance(s) , and any costs that have
been incurred by the City in the abatement of said nuisance(s) .
All costs have been approved by the Board of Building
Commissioners, and shall become a lien upon the property which may
affect the property title.
As owner(s) an/or vested parties of record, you may appeal the
Board's findings to the Mayor and Common Council within fifteen
('15) days of the date of the notice. This appeal should be filed
u►ith 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 ; and
(c) The relief or action sought from the Board
The cost incurred by the City for abatement proceedings against the
property was $7,433.00. This amount should be paid to the City
Clerk's Office, 300 North "D" Street, 2nd floor, San Bernardino,
Ca. 92418, within fifteen (15) days of this notice or the City
will proceed with placing a lien against the property.
If you have any questions regarg these costs or appeal
procedures, please contact the CityllCle rk's Office at 384-5002.
Code Compliance Supervisor
cc: City Clerk `
PRIDE
300 NORTH D STREET . SAN 8 E R N A R D I N 0 IN
C A L I F O R N I A 9 2 4 1 A " O O n i IT , A % 4 & . - ... . , . . . - � 70GRISS
,
ew, ;
j ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO AUTHORIZING
2 THE ABATEMENT OF A PUBLIC NUISANCE
3 ORDER NO. 1711 REPORT NO. 92-5008
4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
5 15, Chapter 15. 28 , the Building Official has posted a building(s)
6 located at 588 WESTERN , San Bernardino, California, with a "Notice
7 to Abate Nuisance" and has notified the person(s) having and
8 interest in said property that the said building(s) or premises
9 constitute a public nuisance;
10 WHEREAS, the Building Official ordered abatement of said
11 Property to protect the health and safety of the community;
12 WHEREAS, pursuant to San Bernardino Municipal Code, the
13 Building Official has served a "Notice of Hearing Before the Board
14 of Building Commissioners of the City of San Bernardino", relating
15 to abatement of said nuisance, to the person(s) having an interest
16 in the above property, and has prepared a declaration of mailing of
17 the notice, a copy of which is on file in these proceedings; and
18 WHEREAS, a hearing was held to receive and consider all
19 relevant evidence, objections or protests on AUGUST 7 . 1992, and;
20 WHEREAS, the Board of Building Commissioners heard the
21 testimony and examined the evidence offered by the parties relative
22 to the alleged public nuisance,
23
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
24
25
26
27
28
i
;Z BOARD OF BUILDING COMMISSIONERS
ORDER NO. 1711 REPORT NO. 92-5008
,3 Page 2
1 SECTION 1. Based upon the evidence submitted, it was found
' J5
and determined that the building(s) and or premises located at
6 588 WESTERN San Bernardino, California constituted a public
7 nuisance.
8 SECTION 2 . Based upon the evidence submitted, it was
9 determined that the City of San Bernardino was required to initiate
10 abatement actions upon which the City incurred costs in the sum of
11 $7 ,433 . 00 to abate the above property and that these and future
12 costs to the City to abate the above property shall be the personal
13 obligation of the owner(s) as well as a lien on the above
14 property.
15 SECTION 3 . Any person aggrieved by this order may, within
16 fifteen (15) days of the date of this notice dated September 15,
17 1992 , may appeal to the Mayor and Common Council by filing with the
18 City Clerk a written statement or the order appealed from the
19 specific grounds of appeal and the relief or action sought from the
1.0 Mayor and Common Council .
22
t
2
24
2
26
27
.Z8
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 1711 REPORT NO. 5008
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 _7rh day of august.-_ 1992, by the
following vote, to wit:
COMMfISSIONERS: AYE NAY ABSTAIN ABSENT
Chairman-Herb Pollock X
vice Chairman-Gene Pensiero X
Dan 'Westwood g
Pete Cortez X
Jack Hunt R
Benjamin Gonzales X _
Manuel Flores
X
Thomas Chandler X
Clerk, Board of Building Commissioners
The foregoing order is hereby approved this 15th day of September,
1992 .
ChEirman, Boar of Building Commissioners
Approved as to form and legal content:
James F , Cit/]( Attorney
By:
ON Al
June 22, 1992
Clerk's Office
City of San Bernardino
San Bernardino, CA
This is my formal written Appeal on the Certified Letter dated June 8, 1992
regarding the 588 Western Avenue, San Bernardino property. The information
that was on the letter stated for:
Violation: Open/Vacant/Fire
Assessors No: 138-103-03
Report/Project: 92-5008
My specific grounds for this Appeal are attached and I am also seeking relief from
the City. As indicated in the letter a hearing has been scheduled for July 10,
1.992 at 9:00 a.m. before the Board of Building Commissioners, 300 North "D"
Street, Council Chambers, San Bernardino, CA 92418. If that date has to be
rescheduled, I would like to be notified in writing. My address is:
Cynthia Robles
12030 Poutous Court
Moreno Valley, CA 92557
Thank you,
in UL, _�) k
Cynthia Robles
Enclosures
Ltrs 6/10/92 & 6/19/92
June 10, 1992
Wayne Overstreet, Director
Facilities Management Department
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418-0001
RE: Case # 92-VAP-338-05
Dear Mr. Overstreet:
I'm writing to you and maybe I have two complaints that need to go to two different places.
If that is true, I would appreciate feedback from you as soon as possible to resolve this
di;(emma.
On Saturday May, 16, 1992, I picked up a Certified Letter that was delivered to my home on
Friday, May 15, 1992 when no one was home. Anyway, the letter was regarding an
"Inoperative Vehicle" located on the property of 588 N. Western, San Bernardino,
California.
On May 20, 1992, our Realtor informed us by telephone that a fire had occurred at the
above mentioned residence and it wasn't the City or the Fire Department that had contacted
him. My concern is why didn't anyone contact the property owners? On this same date, I
call the City of San Bernardino, Fire Department and they only told me that a fire had
occurred and that I could request a report in writing or come in person. I did request a
report and received that report on June 4, 1992.
On Thursday, May 21, 1992, I called your office (384-5366) at approximately 12:30 p.m.
and spoke to a female and unfortunately I didn't get her name requesting information on the
Certified Letter regarding Inoperative Vehicles. I questioned the 10 days waiting period
before action would take place to remove the vehicle. I wanted to make sure that since the
letter was typed on a May 14, 1992 date and I didn't receive it until May 16, 1992, I was
concerned when those 10 days would commence and if they include working and or calendar
days. She stated that it only-included working days and not weekends. So with that
Page 2
92-VAP-338-05
information we assumed that commencing on Monday, May 18, 1992, would start the 10
days procedure to remove the vehicle or else the Abate Office would remove it, so with that
understanding, technically the car should have been out by May 29, 1992.
To my disbelieve on Thursday, May 28, 1992, I went to the residence to check two things,
evaluate the property damage cause by the fire and check to see that the vehicle was removed
by the proper owner (who is not me, but a Mr. M. Hernandez, from San Bernardino). I was
in total shock when I got to the residence. NOT only was the vehicle gone but all the
surrounding structures wore gone and someone had roll-a-tilled and semi-leveled the property
WITHOUT NOTIFYING THE PROPERTY OWNER. I am still in a state or disarray over
this.
Again, why wasn't the property owner notified? I then called the Fire Department thinking
maybe they knew something about destroying the property and they told me they were also in
shock that we were not notified and that there was no Life Threating or Life Hazard for
anyone to destroy the property without the authorization of the owner or owners.
Who has that authority to destroy private property? Also, when I went to inspect the
damages and what I needed to do to commence cleaning the property, it was all gone. I
wanted to salvage all that was still standing of the structure and I wasn't even given that
right! Who's paying for all this if indeed the owner is responsible. Why should that owner
have to pay when they weren't given the opportunity to do it themselves? If I am, I need to
know what procedures need to be filed with who or whom to Appeal this and file for
unlawful destruction of personal and private property. I am simply appalled that if the City
of San Bernardino took it upon themselves to destroy someone's property without notice,
they were in serious default and they should pay for the cost as to whomever did demolish
my property.
On June 3, 1992 at approximately 3:00 p.m. by the direction of the Fire Department, I
called your office and they transferred me to someone named Bonnie. She stated that the
City did take it upon themselves to demolish my property. Up to this point and time I still
have not received any notification from anyone stating why and how come this was done.
The point of the matter is the property owner should have been notified by a certified letter
or some type of letter letting them know they had so many days or whatever options were
available to clean the property after the fire. I still cannot believe this has happened. I am
so upset of the whole situation I what an explanation and also how I go about having an
Hearing or through Arbitration Hearing/Procedures.
I
Page 3
92-VAP-338-05
Mr. Overstreet, thank you for your time and if I need to direct my concerns to someone else
please let me know as soon as possible. I would appreciate a response in writing. My
mailing address is:
Cynthia Robles
12030 Poutous Court
Moreno Valley, CA 92557
Respectfully Submitted,
c: W. R. "Bob" Holcomb, Mayor of San Bernardino
300 N. "D" Street, S.B.
Manuel PI Moreno, Jr.-- Public Svc/Sts
300 N. "D" Street, S.B.
Council Members:
Estrada
Reilly
Flores
Maudsley
Minor
Pope-Ludlam
Miller
June 19, 1992
:Mr. Ralph Hernandez
City of San Bernardino
San Bernardino, CA
]RE: 588 Western Avenue, San Bernardino, California
Mr. Hernandez,
As per my telephone conversation with you on this date (6/19/92), I have put
together an outline as to the best of my recollection of events that occurred on the
ELbove mentioned property.
On February 8, 1992, Cynthia Robles (Jack & George Ramirez) placed 588 No.
`'Ve3tern Avenue, San Bernardino, California up for sale with Boyd Realtors in
San Bernardino.
On May 13, 1992, Mr. Mel Shawhan Boyd Realtors) called me to advise me that
some anonymous caller had telephone his office letting him know that the house
bad caught fire but no indication that it was destroyed by fire.
On May 14, 1992, at approximately 12:40 p.m. I called the City of San
Bernardino, Fire Department located at 200 East 3rd Street, San Bernardino,
California regarding the residence. The dispatcher could only tell me that it was
a recent fire and I would have to request the report in writing or in person with a
fee for $8.00.
On May 20, 1992, I submitted my request in writing with a check for the amount
of $8.00. Which was to be for Report NS92-1014, as indicated by the dispatcher.
On June 1, 1992, I received two separate reports which were not the same
number as the dispatcher had told me on May 20, 1992. The reports that I
received were S92-1118 and S92-1124.
On June 2, 1992, I called the Fire Department again regarding the reports I had
received on June 1, 1992 and also wanted an explanation as to what happened. I
was transferred to the Senior Fire Investigator (Mr. Rice).
In the meantime back on May-16, 1992, which was a Saturday, I picked up a
Certified Letter #905429495 (it was a single sheet letter), from the City of San
Bernardino Facilities Management Department, which had Case # 92-VAP-338-05
"Notice of Intention To Abate And Remove An Abandoned Wrecked, Dismantled
Page 2
Report 92-5008
[588 Western]
Or Inoperative Vehicle(s) or Part(s). There Of As A Public Nuisance", it stated
of registered owner" but License number KBD808. Requesting that the vehicle
be removed within 10-day period.
On Saturday, May 16, 1992, I called the owner of said vehicle that they had 10-
days to remove or else the City would haul it away. So they agreed to remove it
within that time frame.
On May 21, 1992, I called the Facilities Office at approximately 12:30 and a
female told me that if we needed more time to remove the vehicle to call back and
ask to speak to a Supervisor. My other reason for calling was to make certain
that weekends were not calculated in the 10-day time frame. Which she indicated
no, but workdays. So with that clarification, the 10-day time frame would have
ended on May 29, 1992, since we also had a Holiday on May 25, 1992.
On May 28, 1992, approximately at 5:00 p.m., I went to the residence of 588
Western to check two things; first, to evaluate the property as to what damage the
fire had done and second, to check on the vehicle that was to be removed. To my
disbelieve, not just was the vehicle gone --- the whole property structure had been
removed!!! I was in total shock and appalled that we were not notified of this. At
this point and time of this writing. I still cannot believe that City Officials would
have the audacity to take it upon themselves to destroy or demolish someone's
private property without giving notice or even giving the owner the opportunity or
options of having the property cleaned, if that was to be done. I am so appalled
and want answers!!
Yet, by this date (May 28, 1992), I still have not received any notification from
any City Office as to why and how come this was destroyed.
On June 2, 1992, I again called the Fire Department and spoke to the
investigator asking him if he had any idea who had destroyed/demolished the
residence. He told me he was also surprised that the owners were not notified if
indeed the City destroyed the property. He indicated that there was no "Life
Threatening or Life Hazard" for anyone to destroy the property without the
authorization/notification of the owner.
Page 3
Report 92-5008
[588 Western]
On June 3, 1992, at approximately 3:00 p.m., I called the Code Enforcement
Section of the City and spoke to a female named Bonnie. She stated that the City
took it upon themselves to demolish the property. She also stated that it was to
protect the neighborhood and it was the City Management that determined the
property was a total loss and unsafe and demolition had been completed and all
charges would be sent to me. At that point, I told her I was appalled of the
situation and also appalled that trees were also up-rooted. I also indicated the
point of the matter was we were not given any notice or time frames or options
and that I wanted to Appeal this matter. She then told me to hold on. She placed
me on "hold" and when she got back she told me that a letter was being typed up
while we were speaking by a clerk. I told Bonnie to send my any information in
the way of Certified Letter/mail.
On June 4, 1992, at approximately 4:25 p.m., I called the Fire Investigator to let
him know what the Code Enforcement Office had told me and he stated that when
he was reviewing his notes and file on the residence, that the initial fire happened
sometime on May 7, 1992, but he wasn't aware of that initial fire. He did indicate
that when he went to finish up his investigation the City Code Enforcer was at
the residence and was surprised to see an investigator (fire) at the property. This
was the week of May 18th, since those were the two reports I had received and
was never informed if indeed the initial fire taking place on May 7, 1992.
On June 10, 1992, I received notice from the Postal Mail Carrier that I had a
Certified Letter #905 431 987 and I could pick that up after June 10, 1992.
On June 11, 1992, I picked up Certified Letter P 905 431 987 (total of 7 pages). It
was from the City of San Bernardino, Department of Planning and Building
Services regarding the Code Enforcement Division's finding the property to be an
Open and Vacant and an attractive nuisance. This letter was dated June 8, 1992.
Prior to receiving Letter NP 905 431987, I wrote to the Facilities Management
Department telling them of my two complaints and was requesting feedback in
writing. My letter was dated June 10, 1992 with copies going to the Mayor and
Council Members. Up to that point, I have not received any feedback from
anyone.
Page 4
Report 92-5008
[588 Western]
On June 14, 1992, I was able to reach the owner of the vehicle that was to be
removed at the residence regarding notice of Certified Letter , 905429-495 (single
sheet). He stated that on the morning of May 28, 1992, he went to 588 Western
to remove his vehicle and he was also appalled that a demolition crew was on the
property destroying the structure and one of the trees. He also stated that it was
his calculations that Friday, May 29, 1992, was to be his last day to remove the
vehicle and it was only the vehicle in question. He too, was in a disbelieve state
seeing everything was being demolished.
On June 19, 1992, at approximately 10:15 a.m., I called (384-5205) the Code
Enforcement Division regarding clarification on the June 8, 1992 document. A
person named "Bret" told me that someone would get back to me that day
between 3:30 - 4:30 p.m. I gave him my work number and told him I would be
available up to 5:15 p.m., but no call back.
On June 19, 1992, I also called the Office of Mr. Ralph Hernandez seeking advice
and council on this matter. The office indicated, he was out and would call me on
Monday, so I left my name and work number for him to call me back. At
approximately 4:30 p.m., Mr. Hernandez returned my call.
My question is, if the Department's of Planning and Building Service, the Code
Enforcement Division, the Facilities Management Department were able to send
me Certified Letter's after the fact, why couldn't or why weren't they able to
send me any information or notification prior to them demolishing private
property? I am requesting answers and I also want the fee of $75.00 Appeal
waiver since I believe my rights were violated! I do not have any insurance
coverage for the residence and I am currently facing financial difficulties due to
the recent death of my father. This whole situation has been very stressful to me
and my family, we all feel violated.
As indicated in the document dated June 8, 1992, a hearing is scheduled for July
10, 1992, at 9:00 a.m., before the Board of Building Commissioners, 300 North "D"
Street, San Bernardino, California 92418. It also stated to provide evidence when
I went as I stated earlier, there was no structure, it was destroyed before I could
get any pictures of what had happened. I am also seeking relief of payment and
whatever options can be arranged once the hearing has been heard. If the City of
San Bernardino is interested in purchasing the property for redevelopment, please
provide me with any information.
I
Page 5
Report 92-5008
[588 Western]
A final note, if the July 10, 1992 hearing date has been cancelled or rescheduled,
please notify me in writing since I am a working individual I need advance notice.
My mailing address is:
Cynthia Robles
12030 Poutous Court
Moreno Valley, CA 92557
Sincerely,
Cynthia Robles
Enclosures
Copies Certified Letter
Appeal Letter
Fire Reports
r�
September 2 , 1992
n -1 .;7
TO: Honorable Mayor of San Bernardino
W.R. "Bob" Holcomb
300 North "D" Street
San Bernardino, California 92418
VIA: Jeannie -
City Clerk's Office
San Bernardino, California
300 North "D" Street
San Bernardino, CA 92418
RE: Appeal To Mayor And Council
Attached is in letter form my Appeal papers to the Mayor and his
Common Council.
Should you have any questions, please call me at work (714) 787-
5604 .
Sincerely ,
Cynthia Robles
12030 Poutous Court
Moreno Valley, CA 92557
Enclosures
q�a�9a ' PUrsU°n Pan J-3)
(y
ACC
V
0 fl
CITY OF SAN BERNARDINO
NOTICE OF APPEAL
APPEAL TO MAYOR AND COUNCIL
-- ;, -7
Appeal Filing Date: September 2 , 1992
Name of Appellant: Cynthia Robles
12030 Poutous Court
Moreno Valley, Ca 92557
Regarding Property: 588 Western
San Bernardino, California
Parcel Number: 138-103-03
Contact Persons, Cynthia Robles
12030 Poutous Court
Moreno Valley, CA 92557
Home Telephone: (714) 242-3991
Work Number: (714) 787-5604 **Prefer not to be
contacted at work only if an
emergency/necessary.
Alterative: George Ramirez
4749 Woodruff
Lakewood, CA 90713
Home Telephone: (310) 425-2832
TYPE OF APPEAL: I believe it is directly to:
PLANNING APPEAL TO MAYOR AND COUNCIL
I. Specific Action Appealed/Date of Action:
On August 7, 1992 , I went before the Board of Building
Commissioners and the Common Council at which time Ms.
Bonnie Garcia presented her findings on the property
located at 588 Western, San Bernardino, California
which her staff recommended that owner pay costs
associated with the emergency abatement action taken
against the property.
II. Specific Grounds Of Appeal:
As I stated before back in July and again in August
1992 , I feel that the City of San Bernardino should
have given me the opportunity to clean the property
located at 588 Western, San Bernardino, California.
Page 2
Appeal
588 Western Avenue
San Bernardino, CA
(Cynthia Robles)
I know I am repeating myself but, I strongly feel that
I should have been given the option and opportunity to
comply with the City of San Bernardino.
Ms. Garcia (Code Enforcer) gave me copies of the codes and
definitions as to what was considered under policy,
"Urgent Public Nuisance" . This was given to me after I
requested them from Ms. Garcia on the morning of August
7 , 1992 . After reviewing them when I got home, I still
felt that I should have been given the right to seek
compliance. The only notice I received was when I
received the Certified Letter stating the cost that
needed to be paid for the demolition.
So at this time I am asking the Mayor and his Common
Council to re-evaluate their agreement from the Hearing
proceedings to reduce the charges.
Should this Appeal be a waste of my time and money I
would like to know in advance to make a stop payment on
the $75. 00 fee that was required; if indeed the City
stands with their decision. In that case, I see no
point in continuing this Appeal and would like to be
reimbursed my fees.
III. Action Sought From the Mayor and Common Council
What I seek as relief from the Mayor and his Common
Council is to reduce that cost from the letter dated
June 8 , 1992 "Statement of Cost" of $7, 433 . 00.
I cannot understand why if each Unit/Department has
employees to do their specific jobs, why should the
property owner pay for Code Officer's cost, Clerical
Staff Cost, Supervisor's Costs, Vehicle Mileage,
Certified Mailings, Notice of Pendency and a 40%
Additional Cost when in fact they are already paid to
do that job by the City! !
I had made several telephone calls to
Wrecking/Demolition Companies and they gave me quotes
over the telephone and the lowest bid was $2 , 500. 00.
So I feel that the City should allow me to pay that
$2 , 500. 00 since that would have been the lowest bid to
have a demolition crew come to 588 Western Avenue, San
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Page 3
Appeal
588 Western Avenue
San Bernardino, California
(Cynthia Robles)
Bernardino, California. If indeed I was
given that option and opportunity, but I was not! !
As for additional cost, I myself had to take time off work,
add mileage to my vehicle, take photographs of what was
left from the property, pay attorney cost, pay City
Clerk's Cost/Fees, pay for copies of paperwork
submitted, which was not part of my employer's cost but
in fact my own personal time that was needed to make
all the Appeals. So with that reasoning, I feel the
City should reduce the amount stated on the "Statement
of Cost" .
As I've stated time and time again, I feel even though the
City can do whatever they want and approve any
Municipal Codes and Regulations, I still stand to
believe that my rights as the property owner were
violated because I was not given any notice to comply!
Even after reading notes that Ms. Bonnie Garcia had
prepared for her presentation, she has it written under
the May 6, 1992 date, "the officer started the research
on property ownership in order to prepare a ten day
correction notice for mailing to the property owner. "
My question is: WHAT HAPPENED TO THAT 10-DAY NOTICE?
Like I've said before and probably as the same member
of Council would say, you are repeating yourself. So
why can't that be answered? Why wasn't I notified on
May 6, 1992 like Ms. Garcia stated I was to be?
My other question is, why were trees removed when you
can see from my photos (attached) , that the surrounding
shrubs/trees were not removed. There were two "mature"
trees taken out. When I called several nurseries, they
stated that "mature" trees run about $1, 000. 00 each to
install. Looking at the photos you can see there was
sufficient room for a tractor to get on the property
without destroying those trees and also, if those trees
were damaged by fire, I can't believe the surrounding
trees were not, they were just as close to one another.
Can you show pictures? Because as I can remember, I
wasn't shown pictures of the house when it was burned
just six (6) pictures that Ms. Garcia presented showing
the house with holes/floors destroyed and the house
written with gang graffiti.
0
Page 4
Appeal
588 Western Avenue
San Bernardino, California
(Cynthia Robles)
The bottom line is that I request to the Honorable Mayor of
San Bernardino and his Common Council that I pay only
$2 , 500. 00 out of the $7,433 . 00 that was recommended.
This is what I feel is equitable and fair.
--''hank yo y much.
Cynthia Ro les
12030 Poutous Court
Moreno Valley, California 92557
Enclosures:
Check for Fees
Pictures of Property
Appeal Request
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