HomeMy WebLinkAbout18- Planning and Building Services CITY OF SAN EERNARDINO REQUEST FAR COUNCIL ACTION
From: Al Boughey, Director Subject: Appeal of BBC Order No. 2934 Regarding
Property Located at 1371 W. Baseline St.
Dept: Planning and Building Services
ORIGINAL
Date: March 21, 1996
MCC DATE- Ai ri1 1 1996
Synopsis of Previous Council Action: At the March 4, 1996 MCC Meeting, Council directed the owner to complete
all work by April 1, 1996, and held in abeyance until April 1, 1996 the decision on whether or not fees (incurred
costs) will be waived; and that the matter be brought back to Council on April 1, 1996.
Recommended Motion: That the Mayor and Common Council uphold r er No. 2934 of the Board of Building
Commissioners and deny the appeal.
gna
Contact person: Al Boughey Phone: 5357
Supporting data attached: See Staff Report w/March 4. 1996 Agenda Ward: Sixth
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
b�9�
Agenda Item No. /7
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director Subject: Appeal of BBC Order No. 2934 Regarding
Property Located at 1371 W. Baseline St.
Dept: Planning and Building Services
Date: January 2, 1996 MCC HATE• February 19, 1996
Synopsis of Previous Council Action: None VET £f ,
Recommended Motion: That the Mayor and Common Council uphold Order No. 2934 of the Board o Bui ding
Commissioners and deny the appeal.
gnature
Contact person: Al Boughey Phone: 5357
Supporting data attached: Staff Report Ward: Sixth
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes: A. �' �`I � /6,
or
Agenda Item No.-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
BACKGROUND
On July 31, 1995 an inspection of the subject property was
conducted in conjunction with the Rental Housing Inspection
Program. The inspection revealed numerous code violations and a
Notice and Order (Attachment 2) was issued to the owner on August
16, 1995. On September 18, 1995, a reinspection of the property
revealed that the violations had not been corrected. A Notice of
Hearing (Attachment 3) was issued to the owner on September 21,
1995. In summary, the violations noted in the Notice of Hearing
included the following:
SBMC 15.24.040 - Property Maintenance
A4 Accumulation of Trash and Debris in Yards.
A8 Damaged Fencing.
SBMC 19.24.020 and 19 .24.030 7 - Elimination of Required Off-Street
Parking.
SBMC 15.04 .020, UBC Appendix 115 - Inoperable or Missing Smoke
Detectors.
SBMC 15.04 .020, UHC Section 1001 - Substandard Buildings
Substandard or Hazardous Electrical Wiring.
Substandard or Hazardous Plumbing
Faulty Weather Protection
Inadequate Emergency Egress From Sleeping Rooms.
Improper Occupancy (Garage conversion to a dwelling)
Lack of Required Natural Light and Ventilation.
SBMC 15.04.020, UAC 301 (a) and 305 - Construction Without Required
Permits or Inspections
Garage conversion
Enclosed porch
Carport
Addition to garage
Miscellaneous plumbing, electrical, and mechanical
installations
An abatement hearing before the Board of Building Commissioners was
held on October 5, 1995. The Board's Order No. 2934 was issued on
October 10, 1995. This Order required the owner to 1) obtain a
Special Investigation of the unpermitted construction within 10
days, submit plans within 30 days, obtain all necessary permits
within 60 days, or remove the unpermitted construction within 30
days, 2) Vacate the garage conversion within 10 days, and 3)
correct all other violations within 30 days.
On October 18, 1995, the owner appealed the action of the Board of
Building Commissioners.
ANALYSIS
The Notice of Appeal filed by the owner (attachment 1) requests
that the incurred costs be waived because the owner believes that
he was not given sufficient time to comply.
Since the violations were first discovered in July, the owner has
repeatedly been given legal notification by the Department and
ample time to comply. These notifications include the Notice and
Order dated August 16, 1995, the Notice of Hearing dated September
21, 1995, and the Board of Building Commissioners Order dated
October 10, 1995. Over four months have elapsed and the owner has
yet to bring the property into substantial compliance.
STAFF RECOMMENDATION
A. That the Mayor and Common Council uphold Order No. 2934 of the
Board of Building Commissioners and deny the appeal.
Attachments: 1. Notice of Appeal
2 . Notice and Order
3 . Notice of Hearing
4. BBC Order No. 2934
Attachment 1
Page 1 of 8
-----------------------------------------
FOR OFFICE USE ONLY ------------- ----------------------
Departments Receiving Date/Time Stamp:
Copies:
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n
Original to: City Clerk's
Office Admin. Operations
Payment Information:
ED 11M�$
Last Updated: 8/22/95 Account 001-000-4303
CITY OF SAN BERNARDINO - NOTICE OF APPEAL
IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council
appeals must be filed in the City Clerk's Office accompanied by the appropriate fee.
Complete All Information
Appellant Name
& Address: FRANK GARCIA JR Case No RH 95-0002
8335 MEDITERRANEAN WAY, SACRAMENTO, CA. , 95826.
Contact Person SAME
& Address:
Contact Person Phone
Number: Day: (916) 924-1344 Evening: (916) 383-3937
Affected Property
Address & APN ## 1371 W. BASELINE AVE. , SAN BERNARDINO, CA. , 92410 P# 139-062-14
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) Other/Explain: (No Charnel
Vehicle Abatement ($75.00) Other/Explain: (No Charge)
(continue next page).
Attachment 1
Page 2 of 8
October 12, 1995.
Honorable Mayor and Members of the Common Council:
In 1951, my parents Mr. and Mrs. Frank Garcia, Sr., bought the house
located at; 1371 W. Baseline, San Bernardino, California, the way it stands
today. They never added any porches nor rooms, since they were living
there by themselves, nothing else was needed. The garage had a room on
the side of it, that was used as an extra bedroom, if anyone needed it.
In 1966, my mother suffered a stroke, and at that time my father
was 74 years old and unable to care for my mother full time as she needed
constant attention, so he converted the rest of the garage to a living unit
that served for someone to stay and help take care of my mother. Whether
he took a permit or not, I don't know, since I have been living in
Sacramento since 1962.
Upon my mother's death in 1968, 1 took over the house and its
obligations.
Earlier this year, a couple rented the front house and their daughter
the small apartment in the back. On or about August 9, 1995, 1 received a
call from MR. GEOFF WEST, inspector for the City of San Bernardino,
telling me of the violations, not only in the house but also the unit in the
back. I tried to understand what he was talking about, since he insisted
that the house was added on without permits, and I could not reason with
him, so we ended the conversation.
On August 18, 1995, we received the letter MR. GEOFF WEST, sent us,
dated August 16, 1995, giving us in page No. 6 of said letter, 30 days,
expiring September 18, 1995, to fix the property.
I called MR. GEOFF WEST, and explained him that our son was in the
process of getting married and the wedding being on September 16, 1995,
was very hard for me to go down to San Bernardino and comply with his
demands. He also called back and talked to my wife complaining that we
were not doing anything about, and again my wife told him about the
upcoming wedding and the inability to get down south.
We sent a letter complying with the paragraph of his letter asking
Attachment 1
Page 3 of 8
Page No. 2
for an additional 30 days, for us to contract with someone to take care of
the violations and get down there. I also sent him copies the letters sent
to the tenants, because of the debris and junk he has stated existed in the
back yards.
MR. GEOFF WEST_ did not answer back, until September 22, 1995 when
my manager RONALD SAENZ, faxed me his letter, dated in the cover,
September 21 , 1995 and then in the subsequent pages of the letter,
September 21, 1995. As up to date we never received said letter. I made
arrangements to go to San Bernardino, on October I, 1995, although I had to
go to said City the 14th. of October, for another business meeting, and
went to apply fpr the permit, he had asked me to get.
At the hearing, October 5, 1995, 1 was the last on the Agenda, and
was obvious that the Commissioners, wanted to get out of there, so I was
not giving the chance to present my case, and as it is customary in these
meetings, someone moved, another seconded and the recommendation
passed, again without any consideration to my presence there.
I was so distressed and frustated that my trip seemed worthless,
that MR. JOSEPH LEASE, talked to me, and he informed me and gave the
forms to ask for an appeal. --
Y
,2%g.rday, by fax, from RONALD SAENZ, Realtor, I received another
letter sent to the tenants on the house at 1371 W. Baseline, in that City,
addressed to me, dated October 13, 1995, but mailed since October 10,
1995, from MR. GEOFF WEST. Why doesn't MR. WEST sends this
correspondence to my residence as it should be? Why am I receiving these
letters via the tenants who have called the Realtor to go pick up the
letters and with the Realtor faxing these to me. I don't understand what
is it that MR. WEST is trying to do. The latest letter tells me about my
right to appeal and to send $ 75.00 with the appeal. I already had this
information from MR. JOSEPH LEASE. I am enclosing copy of said fax.
I am respectfully appealing the case hoping that you will cancel the
fees that I feel are excessive, as per MR. GEOFF WEST, letter, and to let -
you know that I am proceeding to eliminate the apartment in the back of
the house and convert it to a garage.
Attachment 1
Page 4 of 8
Page No. 3.
Your consideration in my favor to this matter, will be greatly
appreciated since, I have incurred quite a bit of expenses in travelling
from Sacramento, car rental, the permit and meals.
Respectfully yours,
rank Garcia, Jr.
8335 Mediterranean Way,
Sacramento, Ca., 95826. (916) 383-3937
Attachment 1
_ _ -----------------------JFage-5--f-8--------
----------- 1 0:48PM FROM SAENZ 909 8895302 P- 2
C I T Y O F
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- � an Bernardino
D E P A R T M E N T OF P L A N N I N G A N D D U I L O I N G S F R V I C ES
A L B O U G H E -Y . A f C P
D 1 a E C T o A
Frank Garcia & Eva S. Garcia LOCATION: 1371 W. Baseline St.
8335 Mediterranean Way BAN BERNARDINO, CA
Sacramento, CA 95826 ASSESSORS NO: 139-062-14
ORDER NO: 2934
CASE NO: RH95-0002
OFFICER: G. West
October 13, 1995
Pursuant to action of the Board of Building Commissioners taken on
October 5 , 1995, a nuisance was found to exist at 1371 W. Baseline
St. Attached hereto, is a copy of the Board of Building
Commissioner's Order, which states the findings of the Board and
any action necessary to abate the public nuisance(s) .
As owner(s) and all vested parties of record you were notified in
your previous Notice of Hearing that the Board's findings may be
appealed to the Mayor and Common Council within fifteen (15) days
of the date of this notice. This appeal must be filed with the
City Clerk's office, 300 North "D" Street, 2nd Floor, San
Bernardino, CA 92418 . A fee of $75. 00 must accompany your request.
The written appeal should include:
(a) Property location, parcel number and report/project
number;
(b) Specific grounds for appeal; and
(c) The relief or action sought from the Mayor and Common
Council.
If you have any questions regarding this appeal process, please
contact t e...City Clerk's office at 384-5002 .
By:
Hotiis g e >~vr
GW:mb
CC: City Clerk
Attachment 1
Page 6 of 8
August 29, 1995.
Mr. Geoff West, Housing Inspector,
City of San Bernardino,
300 North "D" Street,
San Bernardino, Ca., 92418-0001.
Re: 1371 W. Baseline,
San Bernardino, Ca.
APN 139-062-14. j
r
Dear Mr. West:
We acknowledge receipt of your letter dated August 16, 1995,
regarding the property mentioned above.
Please be advised that we are trying to clear up this matters as soon
as possible. We have contacted the tenants regarding the mess in the back
yard. We have also asked the property manager Mr. Ron Saenz, to
emphasize to them the urgency of cleanning up the yard. Enclosed please
find copy of said letters.
We respectfully ask that you'll extend the 30 days period you have
given us to comply with the rest of the so called. violations you listed.
Our son is getting married on September 16, 1995, to a woman
without a family, so we are committed to doing all the arrangements for
them, and it is not possible to be in San Bernardino at the same time.
We have scheduled to go down to San Bernardino, October 14, 1995.
Thanking you in advance for your cooperation in this matter, I
remain,'
Sincerely yours,
Frank Garcia, Jr.
8335 Med•iferrahean Way,
Sacramento; Ca:, 95826:
Encls.
Attachment 1
Page 7 of 8
August 21, 1995.
Mrs. Yvonne Avila,
1371 1/2 W. Baseline Ave.,
San Bernardino, Ca., 92410.
Dear Mr. and Mrs. Avila:
Enclosed please find copy of the front page that the City of San
Bernardino has sent us regarding the backyard of the property you rent in
that City.
In another page they cite that: "There is an extension cord through
the east side window of the unit in the back, which feeds an operating
refrigerator situated outside that window. Extensions cords are not
approved to operate appliances in this manner. The refrigerator should be
indoor and plugged into an approved receptable".
They have given us 30 days from the date of the letter which is
August 16, 1995, to clean up the premises and stop using the refrigerator
the way it is being used now.
Please be advised that you must comply with these requests,
otherwise we will be fined, and we will have to pass said fine to you.
Thanking you for the consideration you will give this matter, I
remain,
Sincerely yours,
r
,,'�/v S. Garcia, Owner.
2100 28th. .Street,
Sacramento, Ca., .95818.
Attachment 1
Page 8 of 8
August 21 , 1995.
Mr. and Mrs. Lawrence Avila,
1371 W. Baseline Ave.,
San Bernardino, Ca., 92410.
Dear Mr. and Mrs. Avila:
Enclosed please find copy of the front page that the City of San
Bernardino has sent us regarding the backyard of the property you rent in
that City.
In another page they cite that: "There is an extension cord through
the east side window of the unit in the back, which feeds an operating
refrigerator situated outside that window. Extensions cords are not
approved to operate appliances in this manner. The refrigerator should be
indoor and plugged into an approved receptable".
They have given us 30 days from the date of the letter which is
August 16, 1995, to clean up the premises and stop using the refrigerator
the way it is being used now.
Please be advised that you must comply with these requests,
otherwise we will be fined, and we will have to pass said fine to you.
Thanking you for the consideration you will give this matter, I
remain,
Sincerely yours,
eE��' S. Garcia,
2100 - 28th. Street,
Sacramento, Ca., ' 95818.
Attachment 2
O�R14ARD�t�j
Spy C I T Y O F
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an Bernardino
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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 O U G H E Y . A I C P
D I R E C T O R
Notice and Order '
August 16, 1995 „
Mr. Frank & Mrs. Eva Garcia
8335 Mediterranean Way
Sacramento, CA 95826
Subject Property: 1371 W. Baseline Street APN: 139-062-14
Dear Mr. & Mrs. Garcia:
An inspection of the above referenced property in accordance with the San Bernardino Municipal
Code, Section 15.25.040, was conducted on July 31, 1995 in conjunction with the City's Rental
Housing Inspection Program. You are hereby notified that the following violations of the San
Bernardino Municipal Code (SBMC) exist on this property. Due to the existence of these
violations, the Building Official has determined that the property/structure(s) are Substandard
pursuant to the Uniform Housing Code.
Exterior
1. Accumulation of trash and debris in rear yard. (SBMC 15.24.040A4).
The debris noted are washing machines, dryers, stereos, several bicycles, furniture,
stacks of boxes, and piles of old used lumber.
1
2. Damaged perimeter fence and front entry gates. (SBMC 15.24.040A8). Repair as
necessary.
4.* Elimination of required off-street parking. (SBMC 19.24.020 and 19.24.030 7). This
has occurred as a result of the unpermitted conversion of the garage into a dwelling unit.
3 0 0 N O R T H 0 S T R E E T S A N B E R N A R 0 1 N 0
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 84 - 5 0 7 1 /5 0 3 7
�4
t, r Attachment 2
Notice and Order - 1371 W. Baseline
August 16, 1995
Page 2 of 7
5.* Substandard or Hazardous Electrical Wiring. (SBMC 15.04.020, UHC 1001(e)).
A. There is an extension cord extending through the east side window of the garage
conversion, which feeds an operating refrigerator situated outside that
window. Extension cords are not approved to operate appliances in this manner.
The refrigerator should be indoor and plugged into an approved receptacle.
B. Substandard wiring powers the evaporative cooler at the garage conversion.
C. The Mercury vapor light at the exterior eave of the front house is improperly
wired with non-metallic cable and exposed to the elements.
D. The east and west side of the main house has improperly installed and non-
permitted subpanels, exposed branch circuits, and an unprotected wall mounted
light fixture.
6.* Substandard or Hazardous Plumbing. (SBMC 15.04.020, UHC 1001(f)).
A. Water heater installation at the front house:
1. Relocated from the interior to the exterior of the house.
2. Dielectric fittings not used on copper to galvanized connections.
3. Improper gas supply connection.
4. No combination pressure and temperature relief valve drain line.
5. No insulation on flex lines at top of water heater.
6. Installed without proper seismic strapping.
B. Water heater installation at the garage conversion:
1. Installed in a bathroom.
2. Installed without a temperature/pressure relief valve.
3. Installed without proper seismic strapping.
f Attachment 2
Notice and Order - 1371 W. Baseline
August 16, 1995
Page 3 of 7
4. Installed with water line feeder from the front house.
C. Substandard installation of underground gas piping that feeds the garage
conversion, (unprotected galvanized pipe installed underground).
7.* Substandard or Hazardous Mechanical Equipment. (SBMC 15.04.020, UHC 1001(g)).
A. Water heater and wall heater venting and vent caps at the front house.
B. Water heater and wall heater venting and vent caps at the rear garage conversion.
8. Faulty Weather Protection at windows with swamp coolers. (SBMC 15.04.020, UHC
1001(h)). The windows do not adequately close off outside air where the swamp cooler
penetrates the interior space from the exterior of the house and garage conversion
windows.
9.* Inadequate Emergency Egress From Sleeping Rooms at main house and converted
garage. Security Bars on emergency escape windows in bedrooms must be openable
from the inside by means of approved release mechanisms which do not require a key,
or any special knowledge or effort to operate (applies to one approved window per
bedroom). Obtain approval from the Fire Department for release mechanisms and obtain
building permits and inspection. (SBMC 15.04.020, UHC 801, and UBC 1204).
Miscellaneous
10.* Improper Occupancy. Buildings may not be used or occupied for purposes for which
they were not designed, or for other than their permitted use, unless a change of
occupancy is approved by the building official. (SBMC 15.04.020, UHC 1001(n), UBC
202(e) and 502). The garage is being used improperly as a dwelling unit.
A thorough search of Planning Department, Building Department, and County Assessors
records did not indicate any permits, inspections, or permitted approvals for a second
detached dwelling unit, and no building permits were found for other alterations
discovered during the housing inspection process.
�-- Attachment 2
Notice and Order - 1371 W. Baseline
August 16, 1995
Page 4 of 7
11.* Construction Without Required Permits or Inspections.(SBMC 15.04.020, UAC 301(a)
and 305).
A Special Investigation must be obtained and completed prior to submitting an
application for a building permit for an unpermitted structure. A Special Investigation
can be obtained by submitting an application and the appropriate fee at the Planning and
Building Services Department counter on the 3rd Floor of City Hall, located at 300 North
'D' Street.
Construction done without permits; main house and converted garage:
A. Rear enclosed porch addition, (approximately, 6'x 20')to main house, being used
as a sleeping room.
B. Front porch area (approximately, 5'x 8') at the front house entry.
C. Alterations to the main house include:
1. Water heater.
2. Water closet change out in bathroom.
3. Wall heater and swamp cooler system.
4. Modifications to the electrical system.
5. Modifications to the plumbing system.
D. Addition of a carport to the garage (approximately, 12'x 20').
E. Conversion of garage to a dwelling unit:
1. Addition to rear of garage (approximately, 8'x 20') is now a bathroom
and small sitting room.
2. Rear porch addition, added to the rear addition of the garage.
3. Garage conversion rooms: Bedroom, complete kitchen, full
bathroom, living room, and sitting room.
4. Water heater.
Attachment 2
Notice and Order - 1371 W. Baseline
August 16, 1995
Page 5of7
5. Wall heater and swamp cooler system.
6. Plumbing system.
F. Shed at the rear yard (under construction) is over 120 square feet (eave to eave).
Sheds under 120 square feet do not require a permit.
Interior
12.* Lack of the minimum amounts of required natural light and ventilation. (SBMC
15.04.020, UHC 1001(b)8, and 504). The bedroom in the garage conversion is lacking
natural light or ventilation.
13.* Inadequate or unsafe exit facilities due to security bars not openable from the interior.
(SBMC 15.04.020, UHC 1001(1)). All sleeping room windows in the main house and
rear garage conversion unit.
14. Inoperable or missing smoke detectors. Smoke detectors must be installed in hallways
and sleeping rooms. (SBMC 15.04.020, UBC Appendix 115). There were no smoke
detectors in either the front house or rear garage conversion unit.
15.* Substandard or Hazardous Electrical Wiring. (SBMC 15.04.020, UHC 1001(e)).
A. Non-grounding type receptacles have been replaced in various locations
with grounding type receptacles that have been improperly installed. Provide a
grounding conductor or replace with a ground fault circuit interrupter
(GFCI). (NEC 210-7(b) and (d)).
B. There are several receptacles routed through cabinets and the subfloor of the front
house with unapproved installation. There was no approved GFCI receptacle
found in the bathroom or kitchen area.
C. The kitchen area at the garage conversion did not have a GFCI or other type of
receptacle at the splash area of the kitchen counter.
D. The GFCI in the bathroom does not work, nor does the receptacle in the room
off the bedroom.
E. The wall switch at the air conditioner is installed in a substandard fashion.
Attachment 2
Notice and Order - 1371 W. Baseline
August 16, 1995
Page 6 of 7
F. Several receptacles in the main house are floor mounted and face upward.
Mounting face-up in dangerous or water proximal locations is not permitted by
the Electrical Code.
16.* Substandard or Hazardous Plumbing. (SBMC 15.04.020, UHC 1001(f)).
A. Front and rear units; plumbing system-supply and drainage systems.
B. Water heater installation at the front & rear dwellings.
C. Wall heater installation in the front and rear dwellings.
D. Gas and water supply piping in front and rear dwellings.
17.* Substandard or Hazardous Mechanical Equipment.(SBMC 15.04.020, UHC 1001(g)).
A. All venting systems for wall heaters, water heaters, and exhaust fans in the front
and rear dwellings.
The above listed violations must be corrected within 30 days (i.e. by September 18, 1995).
Failure to make the necessary corrections will result in the City initiating abatement proceedings
to correct the violations. If the City is forced to proceed with abatement proceedings, the owner
of record shall incur all City costs associated with the abatement. Such costs may include,
but are not necessarily limited to contractor costs, staff and administrative costs, mailing and
photographic costs, hearing costs, etcetera. Such costs become the personal obligation of the
property owner, and if not paid may result in a lien being placed against the property. In
addition, a Notice of Pendency will be recorded with the County Recorder's Office.
By acting immediately to correct the above listed violations, these costs may be avoided. If you
object to the determination of this notice regarding the listed violations, you may file a written
appeal with the City Clerk within 30 days from the date of this notice. Such written appeal
should include 1) the specific action appealed, 2) the specific grounds for appeal, and 3) the
relief or action sought. Appeals will be heard by the Board of Building Commissioners at a
public hearing.
The items noted above which are preceded by an * require a building permit, which can be
obtained at the Planning and Building Services Department, 300 North D Street, 3rd Floor, San
Bernardino, CA.
If you should have any questions regarding this notice, please contact the undersigned inspector
Attachment 2
Notice and Order - 1371 W. Baseline
August 16, 1995
Page 7 of 7
for assistance. We sincerely appreciate your efforts in helping us maintain a clean and safe
community.
Sincere ,
Gc ff W t
Housing Inspector-
Phone: (909) 384-5543
Office Hours: Mon-Thur 7:30 to 8:30 AM and 4:30 to 5:30 PM
Fridays 7:30 to 8:30 AM and 4:00 to 4:30 PM
(We are closed on alternate Fridays)
cc:file
Attachment 3
O
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an bernardino
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DEPARTMENT OF PLANNING AND BUILDING SERVICES
A L B O U G H E Y A I C P
D I R E C T O R
Notice of Hearing ,
(Final Notice)
c
i�-
1995
Property Owner: Subject Property: 1371 W. Baseline St.
Mr. & Mrs. Frank Garcia San Bernardino, CA 92411
8335 Mediterranean Way Assessor's Parcel No.: 139-062-14
Sacramento, CA 95826 Case No.: RH 95-0002 Inspector: Geoff West
Dear Property Owner/Interest Holder:
THIS NOTICE is hereby served to you as owner or interest holder of the above referenced
property. An abatement hearing in regards to outstanding violations of the San Bernardino
Municipal Code located upon the above referenced property has been scheduled for
THURSDAY, October 5. 1995 AT 9:00 A.M. before the Board of Building Commissioners,
at 300 North "D" Street, City Council Chambers, San Bernardino, California, 92418.
Evidence will be presented by staff at this hearing pertinent to the outstanding violations and the
costs of abatement incurred by the City. You may be, but need not be, represented by legal
counsel. You may present any relevant evidence or have witnesses testify at this hearing to
challenge the abatement.
Based on the property owner's failure to correct the violations, a "Notice of Pendency/Notice
of Substandard or Dangerous Building" is being Filed with the County Recorder to give public
notice of the action taken by the City. A processing fee is automatically assessed at the time of
recordation.
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Attachment 3
f
Notice of Hearing - 1371 W. Baseline Street
September 21, 1995
Page 2 of 6
The direct costs incurred by the City for this abatement action are attached for your review. If
the abatement action and costs are upheld by the Board of Building Commissioners, the City will
place an assessment lien on the above referenced property for all costs incurred. To avoid the
placement of the lien, the incurred costs must be paid to the City Clerk's Office at 300 North
D Street, Second Floor, San Bernardino, California, 92418, within 15 days from the date
of the Board of Building Commissioners ruling.
If you disagree with the decision of the Board, you may appeal your case before the Mayor and
Common Council. Your appeal must be submitted in writing to the City Clerk within 15 days
of the Board's ruling. A fee of$75.00 must accompany your appeal. Your written appeal must
include the case number, property location, the specific items appealed and grounds therefore,
and the relief or action sought from the Mayor and Common Council.
OUTSTANDING VIOLATIONS
On August 16, 1995 the property owner of record was notified that violations of the San
Bernardino Municipal Code exists on the property. The owner was requested to correct the
violations within a specified time period. On September 18, 1995 a subsequent inspection
revealed that the requested corrections were not completed. The outstanding violations include
the following:
Main House
1. Accumulation of trash and debris in rear yard.
The debris noted are washing machines, dryers, stereos, several bicycles, furniture,
stacks of boxes, and pile of old used lumber.
(SBMC 15.24.040A4).
2. Damaged fencing. Repair the perimeter fence and front entry gates.
(SBMC 15.24.040A8).
3.* Elimination of required off-street parking. This has occurred as a result of the
unpermitted conversion of the garage into a dwelling unit.
(SBMC 19.24.020 and 19.24.030 7).
4. Inoperable or Missing Smoke Detectors. Smoke detectors must be installed in hallways
which provide access to sleeping rooms and bedrooms. No smoke detectors were found
in the main house. (SBMC 15.04.020, UBC Appendix 115).
Attachment 3
Notice of Hearing - 1371 W. Baseline Street
September 21, 1995
Page 3 of 6
5.* Substandard or Hazardous Electrical Wiring.
(SBMC 15.04.020, UHC 1001(e), NEC 210-7(b) and (d)).
A. The Mercury .vapor light at the exterior eave of the front house is
improperly wired with non-metallic cable and is exposed to the elements.
B. The west side of the main house has an unprotected, wall mounted
screw shell type lampholder.
C. Non-grounding type receptacles have been replaced in various locations with
grounding type receptacles that have been improperly installed with an open
ground. Provide a grounding conductor or replace with a ground fault circuit
interrupter (GFCI).
6.* Substandard or Hazardous Plumbing. (SBMC 15.04.020, UHC 1001(f)).
A. Water heater installation:
1. Relocated from the interior to the exterior of the house without required
permits.
2. Dielectric fittings not used on copper to galvanized connections.
3. Improper gas supply connection.
4. No pressure and temperature relief valve drain line.
5. No insulation on flex lines at top of water heater.
6. Installed without proper seismic strapping.
7. Improper Water heater venting.
7. Faulty Weather Protection at window equipped with evaporative cooler..The window
does not adequately close off outside air where the cooler penetrates the interior space
from the exterior of the house. (SBMC 15.04.020, UHC 1001(h)).
( � Attachment 3
Notice of Hearing - 1371 W. Baseline Street
September 21, 1995
Page 4 of 6
8.* Inadequate Emergency Egress From Sleeping Rooms. Security Bars on emergency
escape windows in the main house must be openable from the inside by means of
approved release mechanisms which do not require a key, or any special knowledge or
effort to operate (applies to one approved window per bedroom). Obtain approval from
the Fire Department for release mechanisms and obtain building permits and inspection.
(SBMC 15.04.020, UHC 801, and UBC 1204).
9.* Construction Without Required Permits or Inspections.
(SBMC 15.04.020, UAC 301(a) and 305).
A. Reap enclosed porch addition, (approximately 6'x 20') to main
house, being used as a sleeping room.
B. Front porch area (approximately 5'x 8') at the front house entry.
C. Water heater alterations.
D. Water closet change out in bathroom.
E. Wall heater and venting changeout and swamp cooler addition.
F. Modifications to the electrical system.
G. Modifications to the plumbing system.
Garage
10. Improper Occupancy. The garage is being used improperly as a dwelling unit.
Buildings may not be used or occupied for purposes for which they were not designed,
or for other than their permitted use, unless a change of occupancy is approved by the
building official. (SBMC 15.04.020, UHC 1001(n), UBC 202(e) and 502).
11.* Construction Without Required Permits or Inspections.
(SBMC 15.04.020, UAC 301(a) and 305).
A. Conversion of garage to a dwelling unit.
B. Addition of a carport to the garage (approximately 12'x 20').
C. Addition to rear of garage (approximately 8'x 20') is now a
bathroom and small sitting room.
Attachment 3
Notice of Hearing - 1371 W. Baseline Street
September 21, 1995
Page 5 of 6
D. Rear porch addition, added to the rear addition of the garage.
E. Garage conversion rooms: Bedroom, complete kitchen, full
bathroom, living room, and sitting room.
F. Complete plumbing system installation.
G. Wall heater and evaporative cooler installation.
H. Electrical system alterations with subpanel and open ground.
I. Water heater installed in a bathroom which is a prohibited location.
12.* Lack of the minimum amounts of required natural light and ventilation. The
bedroom in the garage conversion is lacking natural light or ventilation.
(SBMC 15.04.020, UHC 1001(b)8, and 504).
13.* Inadequate or unsafe exit facilities due to security bars not openable from the
interior. All sleeping room windows in the rear garage conversion unit.
(SBMC 15.04.020, UHC 1001(1)).
14. Inoperable or missing smoke detectors. Smoke detectors must be installed in hallways
and sleeping rooms. No smoke detectors were found in the rear unit.
(SBMC 15.04.020, UBC Appendix 115).
15.* Substandard or Hazardous Electrical Wiring.
(SBMC 15.04.020, UHC 1001(e), NEC 210-7(b) and (d)).
A. Non-grounding type receptacles have been replaced in various locations with
grounding type receptacles that have been improperly installed. Provide a
grounding conductor or replace with a ground fault circuit interrupter (GFCI).
B. There is an extension cord extending through the east side window of the garage
conversion, which feeds an operating refrigerator situated outside that window.
Extension cords are not approved to operate appliances in this manner. The
refrigerator should be indoor and plugged into an approved receptacle.
Rear Yard
16.* Shed at the rear yard (under construction) is over 120 square feet (eave
to eave). Sheds 120 square feet and under (eave to eave) do not require
a permit.
� Attachment 3
Notice of Hearing - 1371 W. Baseline Street
September 21, 1995
Page 6 of 6
By acting immediately to correct these violations prior to the hearing date, the imposition of
incurred costs, a lien, or further abatement actions by the City may be avoided.
If your should have any questions regarding this notice, please contact the undersigned inspector
by telephone at (909) 384-5543.
Rental Housing Section
Planning and Building Services Department
BY: j�Geoff W st, usm ctor Cj V
L�
Attachment: Statement of Costs
cc: City Clerk
G. Lee, Account Clerk
file
Attachment 3 '
Statement of Costs
Case Number: RH 95-0002 Date: September 21, 1995
Subject Property: 1371 W. Baseline Street, San Bernardino, CA 92411
Parcel Number: 152-132-37
The undersigned respectfully submits the following statement of costs incurred by the City of
San Bernardino as a result enforcement actions necessary to abate violations located at the above
referenced property.
DIRECT COSTS
Inspector's Costs (IBR): $45.16 Hr X 10.5 $474.18
City Clerk Costs $ 22.00
Attorney Costs $ 40.00
Photographs 33 ea. $ 16.50
Title Search $ 25.00
Certified Mailing $2.52 each X 2 $ 5.04
Notice of Pendency $125.00
Hearing Cost $ 50.00
SUBTOTAL $ 757.72
CON'T'RACTOR COSTS
Contractor: $ 0
40% Administrative Costs $ 0 SUBTOTAL $ ------
Previous costs incurred: Contact City Clerk for
previous fees incurred $ ------
Abatement Date:
TOTAL AMOUNT DUE $ 757.72
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 City
Clerk's Lien Coordinator at (714)384-5002 with the case number and property address.
By: Approved:
�Z�fe.�01-
Ins Supervisor
" Attachment 4
1 ORDER OF THE BOARD OF BUILDING COACMILSSIONERS
2 OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE ABATEMENT OF A PUBLIC NUISANCE
3
ORDER NO. 2934 CASE NO. RH954)002
4
5 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 15, Chapter
6 15.28, the Building Official has posted a building(s) located at 1371 W. Baseline St. , San
7 Bernardino, California, with a "Notice to Abate Nuisance" and has notified the person(s)
8 having an interest in said property that the said building(s) or premises constitute a public
9 nuisance,-
10
WHEREAS, pursuant to San Bernardino Municipal Code,the Building Official has
11
12
served a "Notice of Hearing Before the Board of Building Commissioners of the City of
13 San Bernardino", relating to abatement proceeding, to the person(s) having an interest
14 in the above property, and has prepared a declaration of mailing of the notice, a copy of
15 which is on file in these proceedings; and;
16 WHEREAS, a hearing was held to receive and consider all relevant evidence,
17
objections or protests on October 5, 1995, and;
18
WHEREAS, there was an appearance by bank Garcia, owner, having an interest
19
20 in the above property.
21
22
23
24
25
26
27
28
Attachment 4
1 BOARD OF BUILDING COMMISSIONERS
2 ORDER NO. 2934 CASE NO. RH95-0002
PAGE 2
3
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1._Based upon the evidence was submitted, it was found and determined
6 that the building(s) and or premises located at 1371 W. Baseline St., San Bernardino,
7
California constituted a public nuisance.
8
9 SECTION 2. The Board of Building Commissioners accepted staff's
10 recommendations. The property owner(s) are hereby directed to comply with the
11 following requirements. That the owner shall obtain a Special Investigation of the
12 Sy to
unpermitted construction within 10 days, submit plans for the unpermitted construction
13 within 30 days, and obtain all necessary permits within 60 days, or shall remove the
14 Sy (I-If-915-
unpermitted construction within 30 days. That the owner shall cause the garage
15 By
16 conversion to be vacated within 10 days. That the owner shall correct all other code
17 violation within 30 days. The property shall meet all applicable codes adopted by the City
18 of San Bernardino.
19 SECTION 3. Upon the owner(s) of record failure to comply with the order of the
20 Board of Building Commissioners, the Rental Housing Section shall proceed to initiate
21
abatement action by obtaining an Inspection/Abatement warrant to abate violations noted.
22
23 SECTION 4. It was determined that the City was required to initiate abatement
24 proceedings upon which the City incurred costs in the amount of $757.72. These costs
25 and future related abatement costs shall be the personal obligation of the owner(s) and
26 shall be placed as a lien on the above property.
27
28
r l Attachment 4
1 BOARD OF BUILDING COMMISSIONERS
2 ORDER NO. 2934 CASE NO. RH95-0002
PAGE 3
3
SECTION 5. Any person aggrieved by this order, may appeal to the Mayor and
4
5 Common Council by filing a written statement with the City Clerk. The statement must
6 include the order appeal, the specific grounds of your appeal, and the relief or action
7 sought.
8 This appeal must be received within fifteen (15) days from the date of this notice dated
9 October 10. 1995.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Attachment 4
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2934 CASE NO. RH 95-0002
I HEREBY CERTIFY that the foregoing order was duly adopted by
the Board of Building Commissioners of the City of San Bernardino
at a regular meeting thereof, held on the 5TH day of OCTOBER 1995,
by the following vote, to wit :
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso
Carol Thrasher X
Amado Savala X
Larry R. Quiel X
"Joe" V. C. Suarez, Jr. )C
Ruben B. Nunez
Herbert Pollock
Benjamin Gonzales
Leo Cash, Jr.
Clerk, Board of Building Commissione
The foregoing order is hereby approved this 5TH day of OCTOBER,
1995 .
hairm n, oa d o ui n Commissioners
Approved as to form and legal content:
James F. Penman, City At orney
By: �'
February 16, 1996.
(,EIVF-i--r-rr r 1 Fr
Ms. Susana Cordova,
City Clerk, '46 F R 20 A 8 :08
City of San Bernardino,
300 No. "D" Street,
San Benardino, Ca., 92418.
Re: Notice of Appeal Hearing before the Mayor and
Common Council.
Dear Ms. Cordova:
This letter is to confirm my conversations with Mr. Joseph Lease,
yesterday February 15, 1996, and with you this morning regarding the
appeal mentioned above.
Because of the death of a member of our family and a dentist
appointment that was made months ago, I won't be able to attend the
meeting on February 19, 1996, and I respectfully ask for a continuance to
be heard on March 4, 1996, as per Mr. Joseph Lease.
Thanking you in advance for your consideration, I remain,
Sincerely yours, ,.
Frank Garcia, Jr.
8335 Mediterranean Way,
Sacramento, Ca., 95826.
(916) 383-3937.
y�j��