HomeMy WebLinkAbout05- Building & Safety C11 . OF SAN BERNARDII J - REQUE T FOR COUNCIL AC" 3N
From: James C. Richardson, Subject: Appeal of Board of Building Commissioners
Acting Building & Safety Director (BBC) for 823 East Norman R:oad'o
Dept: Building & Safety
Date: December 22, 1987
Synopsis of Previous Council action:
r�
12/21/87 Mayor and Common Council scheduled a public hearing for January 4, 1988,
on the appeal to the BBC Resolution to demolish.
Recommended motion:
To approve, modify or reject the appeal of the Board of Building Commissioners
Resolution ordering the demolishing of property located at 823 East Norman Road.
�l
Signature
James C. Richardson, 384-5274
Contact person: Phone:
c 1 ng--gui Tdi ng-�-aTety lector
Supporting data attached: Staff report and correspondence Ward._ Ward 1
FUNDING REQUIREMENTS: Amount: Source:
Finance:
Council Notes: _____
7 d
CITY OF SAN BERNARDIhO - REQUEbp r FOR COUNCIL ACS SON
STAFF REPORT
At the November 6, 1987 , meeting of the Board of Building
Commissioners (BBC) , staff recommended immediate demolition
of the house located at 823 East Norman Road. BBC Resolution
No. 1188 was officially posted and delivered to the property
owner on December 1, 1987 . On December 7 , 1987 , the new
property owner, Fireman' s Fund Mortgage Corporation, filed
the attached letter with the City Clerk' s office appealing
the decision of the BBC. The Mayor and Common Council set a
public hearing for January 4 , 1987 at 9 : 30 a.m. on this
appeal.
Since the 11/6/87 action of the BBC, the property has
reverted ownership to Fireman' s Fund Mortgage Corporation
(FFMC) . The locate "agent" for FMMC is Mr. Jim Osgood of
Century 21 in San Bernardino who indicates that they would
like to rehabilitate the property. The property is located
in the overflight zone of Norton Air Force Base and the
structure has been vacant for sometime. Such properties are
normally demolished in similar circumstances, although the
property is technically zoned "R 2 . "
The BBC action, by Resolution 1188 , is to demolish, however,
the Mayor and Common Council may want to allow the new owner
time to try to rehabilitate the property. If the appeal is
granted, then I would recommend that rehabilitation work be
completed within a specific period of time.
J ES C. RIC ARDSON,
cting Building & Safety Director
Attachment
mtb
0
F MANS FM RECE!''E
27555 Farmington Road
Post Office Box 1800
Farmington Hills, MI 48333 '87 0Erl 1 1 Al l ;>9
December 7, 1987
City of San Bernadino D E C 1 ? 1987
Department of Building & Safety
300 North D Streeti i z }r ��..F~"f '
San Bernadino, CA 92418
Attention: City Clerk
Re: 823 E. Norman Roa3
San Bernadino, CA.
FFMC #680418-1
Dear Sirs:
We are in receipt of your B. B. C. Resolution #1188 pertaining to the
referenced property.
Be advised that Fireman's Fund Mortgage Corporation acquired this
property through foreclosure sale on 5/14/87. Since that time, we
have tried to sell this home to an investor buyer that could undertake
the rehabilitation of this home. We have been unsuccessful to date
but we are continuing our marketing efforts.
We feel that this home, while undesirable, does add some value to the
property. We also feel that this property is much more marketable
with the home on the property. For this reason, we are asking that
the City rescind it's notice to have the building razed and allow FFMC
additional time to market this property. By doing this, we would hope
that a local investor buyer will soon purchase this property and
rehabilitate it to a more acceptable condition.
I thank you in advance for your time and cooperation in this matter.
Vexy-truly yours,
Dennis I. Lutz
Vice President
DIL/da
<'? OiJJi'=%)i'I `���. 1188
2 a -pra�'' Ti;j, 3019
3 RE•SOLUTIO'ki i?" _'i3s 150Al2" 0 111.I1."Tk'g(; :i,tIISETrV,E,) iN7
4 i;I OE SAKI Br°rIAR?DINO AUTHORIZING THE ABATEMENT OF A PUBLI:;
5 NUISANCE.
6 WHEREAS, pursuant to San Bernardino Municipal Code , Title
7 15 , Chapter 15 .2P. , the Building Official has posted a building(s )
8 or premises located at 823 E. Norman Road
9 can Bernardino , California, with a "Notice to Abate nuisance" ,
10 and has notified the person or persons having an interest in said
1) vroperty that the said building (s ) or premises constitute a
12 public nuisance , and has prepared a declaration of
posting and
13 1 mailing of the notice , a copy of which is on file in these
14 proceed in s ; and
15 WBE=?-''AS , pur:3u. nt to said San Bernardino Municipal Cole , the
16 Euilding Official has served a "Ootice of Hearin; Before the
17 Board of Building Commissioners of the City of San Bernardino" ,
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18 relatin¢ to a')atement of said nuisance , to the person or persons
t9 shaving an interest in said property , and has prepared a
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20 ' declaration of mailing of the notice , a copy of which is on file
21 Iin these proceedings ; and I
22 W'.iFREAS , a hearing was held to receive and consider all �
23 Irel.evant evidence , objections or protests on November 6
24 19 87 and i
25 WHEREAS , the Board of Building Commissioners heard the
26 itestimony and examined the evidence olHered loy the parties
27 'irelative to such alleged public nuisance ,
28 NOW, THEREFORE, BE IT R!SOLVEI) BY THF. BOARD OF BUILDING
December 22, 1987
J
1 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
2 SECTION 1 . Based upon the evidence submitted , it is found
3 and determined that the building(s ) or premises located at
4 823 E. Norman Road , San Bernardino, California ,
5 constitute a public nuisance for the reasons set forth in Exhibit
6 "A" , attached hereto and incorporated herein by reference as
7 though fully set forth at length as the findings of fact of the
8 Board .
9 SECTION 2. The owner (s ) is hereby directed to commence the
10 abatement of the public nuisance by obtaining the necessary
11 demolition and/or building permits within ten (10 ) days after the
12 date of posting of a copy of this Resolution in a conspicuous
13 place on said building(s ) or premises . The abatement must be
14 completed within 60 days thereafter .
15 SECTION 3 . In the event the public nuisance is not abated
16 within the prescribed period of time, the building(s ) or premises
17 shall be razed , demolished , removed , repaired or rehabilita�-ed by
18 the City of San Bernardino, or by a person or persons authorized
19 by the Building Official , and the expense thereof made a lien on
20 the lot or parcel of land upon which the public nuisance is
21 located .
22 SECTION 4. Any person aggrieved by this order may , within
23 fifteen (15 ) days after December 1 , 1987 , appeal to the
24 Common Council by filing with the City Clerk a written statement
25 of the order appealed from, the specific grounds of appeal and
26 the relief or action sought from the Common Council .
27 I HEREBY CERTIFY that the foregoing resolution was duly
28 adopted by the Board of Building Commissioners at a
2
December 22, 1987
w
f
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1 regular meeting thereof , held on the 6th
2 day of November 1987 , by the following vote , to wit :
t 3 AYES : Commissioners Miller, Ponder, Hunt, Heil , Flores ,
4 Rivera, Westwood, Pollock
5 NAYS : None
6 ABSENT: None
$ r , Boar of—Building Commissioners
9 The foregoing resolution is hereby approved this' 6th
10 day of November 19 87. =
12 airma oar .moo Building Commissioners
13
Appro ed as to form and legal content.
14 ] - =
15 � I
�r t- .—A-t t_G n-eY,
16 A-s-s, ta�Lt—y--t-t-arn-ey-,
cr-r Deputy City Attorney
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n----k^ . 77 1007
a
REPORT 140. �
CITY OF SAN BERNARDINO
DEPARTMENT OF BUILDING AND SAFETY
300 North D Street
SAN BERNARDINO, CA. 92418
XHIBIT 'A"
An inspection was made of the below mentioned structure ( s )
and/or premises, and substandard conditions which shall
include but not be limited to the following, were observed.
The owner/s were sent a certified mailing of these condi-
tions.
The recommendation is for abatement of the structure(s)
and/or pre ises;
All such substandard buildings or premises are hereby de-
clared to be public nuisances and such nuisances shall be
abated by the repair, removal or demolition of such unsafe
buildings by the proper procedure. Permits are required
prior to starting repair or demolition �wo�rk.
Total costs incurred to date: $ .2 ROXI
OWNER FATE PREPARED q—R 407
ADDRESS 323
'TYPE BLDG/VIOLATION
CITY Cx 4o� ADDRESS g�3 �• C�'�"`C°�
PHONE NO. ASSESSOR 'S NO. �r
DATE OF INSPECTION
VIOLATIONS
ST R UC TUR E—BUILDING
Open/vacant buildingCUFC11. 41/11. 4127 Secure all
0 buildings to FHA standards to prevent unauthorized
entrance. Secure doors and windows with fitted plywood
painted to match house trim. Openable windows must be
provided with quick release mechanisms where security
screens are installed on bedroom windows (UBC 1204i ).
2. Fire damaged structurels3 specifically
CSBMC 13. 16. 2403 Secure the necessary permits and repair
within thirtyC303 days to building codes or demolish.
3. Inadequate fire protection or fire—fighting
equipmentCUHC 9. 901, 10. 1001n, UFC 10. 3013 Provide as
1
December 22, 1987
required by codes proper fire—extia,guishing systems or
equipment. s
4. Inadequate exitsCUHCB. 801, 10. 1001m. UBC33. 3303, UFC
art- 123 Additional exits may be required to be in
compliance -with building codes.
0. Inadequate Foundation—sagging floors in
CUHC10. 1001c, d, j, k, 1. UBC1. 104d3foundation or pigs must
be provided.
6. Inadequate walls/vertical supports it
which have been weakened by deterioration or overloading
CUHC 4&0. 1001c, d, h, j. 1. 3 must be replaced or strengthened.
7. Inadequate ceiling height in
CUIfC3. 503, UBC12. 12073 All habitable and service rooms
shall have 7ft. 6in. ceilings.
9. Inadequate room dimensions in .
CUHC3. 303. - UBC12_ 12073
9. Inadequate ventilation/light in
CUHC3. 304. UBC12- 12013 All habitable rooms shall have an
aggregate window area of not less than 1/10th the floor
area or 10 sq. ft. whichever is greater and an openable
window area of 1/2 the total area requirement. Bathroom%
must have a minimum of 3 sq. ft. or be provided with
mechanical ventilation.
10. Improper use of unitCUHC10. 200103 The use of
as must be discontinued.
11 Broken doors or windows CUFC11. 411/11_ 412. UBC1. 104d3 See
number one for correction.
Inadequate ratproofingCUHC10. 1001k3 All foundation and
attic vents or openings must be covered - with 1/4 inch
mesh screening.
.t . 13.. Illegal addition/substandard actessorg buildings
CUB= 301, UHC3. 3013 Addition of
must conform to codes or be demolished.
14. Broken/missing exterior siding/stucco on
CUHC10. IOOIb. c. d. h. J• UBC17. 17073 must be repaired or
replaced_
13 t�Inadequat doorCUBC33. 3304. UFC12. 12. 1043 Install new
door at �'t or repair existing door to insure
it closes properly or .if a lock is present that it locks
properly.
2
December 22, 1987
MOON
.. 44 - 7
Ch ' nag structure unsoundCUBCI. 104d�, 2- 203.
UH IQ. 1001c. d, h, i, J, k. 1. I Romov.e chimney to roof lint,
cap at this point and seal firebox or repair structur
ally to code.
HEA!,T;4-sAN T TAT T ON
17. pool has stagnant neater inadequate fence
inadequate gat: CSBMC13. 48, State code Title17CAC
Swiaming pool act 24. 100. H&S Ccde77743 Drain, repair,
or replace according to codes.
28. Debris/Junk/inadequate garbage storageCHealth and
Sanitation Regulations Title 3 chap. Z 33. 023. 33. 024.
SBMC8. 21. 030. 8. 21. 040, S. 21. 050. 8. 21. 090, 8. 24. 020,
8. 24- COO 8. 24. 040. 8. 24. 0503 Remove debris/Junk and
provide suitable containers with lids for rubbish and
garbage. .
fk:
j 29. Unlicensed/inoperative vehicle Year Make�.__
Lict CSBMCB. 33. 010k 3 . Remove or store in a
building. _
20. Insects-vermin-animal drop ping sCSBMC6. 04. 120, 6. 08.080.
UHC20. 1001b, d, k, 13 Adequate measures must be taken to
eliminate this condition in
21_ Unsanitary drainboardCUHC6. 601. 10. lOOlc. d, J. I.
UBC25. 2516k3 Reseal or replace-drainbcard backsplash.
22. Unsanitary floorcovering-flooring in_!
is a health bazardCUBCi_ 1044, UHC10. 1002d. J. 13. Recover
or reseal properly.
23. Dwelling lacks hot , -watarCUHC3. 305. 10. 1001a, d, k3 Hot
water of not less than 120 degrees F. must be provided
to required plumbing fixtures_
24. ' Water beater illegally installed in: bathroom
bedrooa______CUMC2. 202, 5. 504-505, UNC7. 701c, UBC2_ 2033
Relocate neater beater to a suitable location under
permit_
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25_ Water beater improperly ventedCUtlC2. 202. 3. 304. 3. 308,
UBC2_203, UHC7. 701c3 Vents shall extend 12 inches above
the point of exit from the roof. All vent pipes to be
secured.
26. Roof leaking in the area above
CUBCI_ 1044. • 2_ 203. UHCb. 601, 10- 1001b. c, d, h. i, J. k. 13
Repair roof.
ct FrTR ICAL '
27. OverfusingCUBC1. 104d. UHC2. 202, 4. 401. 7. 701b. 9. 901,
10. 1001b. d, e, i. J, k. 1. NEC2. 202art. 90. 63 Fused electrical
3
December 22, 1987
z
branch circuits shall be provided with non-tamQerable
fus&e." not to &scrod 13 amps for lights/20 amps to
receptacles.
28. Missing electricial covers/fixtures 7n701b. 9. 901.
CUBC 1. 1044. UHC2_ 202n,
20. 1 . Ibs d, es is �s k. 1. NEC2. 2C2-art.t. 90. 63 All outlets and
10.10hes must have proper covers and all electricial
fixtures must be properly installed and secures to the
building.
29. Inadequate outlets in
NECsec. 2103 Each habitable rooms must have 2 convience
outlets or 1 outlet and 1 light fixture. Bathrooms must
have 1 light fixture and GFI Plug.
30. Electrical service is inadequate for existing loads
served CNECsec2303 A new service designed to supply a
minimum of 60 ampere 3 wire service for up to Cfive3
two wire branch circuits Capacity. , •.
~ 31
Hazard ous/ilIag mi wiring
CUBCI_ 104d. 2. 203, UHC2- 202. 4. 401* 7. 701b, 9. 901,
10. 1001b, d. e. 3, j• k. 1. NEC2202art9C. 63 Must be replaced.
properly repaired or removed to eliminate hazards.
t%gHANTCAL- AE TTNC
3Z Illegal gas heat&rts3 and/or gas appliances in
CUMC2. 202. 3. 304&30®s UHC7. 701c. UBC2- 2033 All unvented
or open flame gas appliances must be disconnected and
removed from premises and the gas pipes capped in a
manner that prwvents reconnection of these applianceeg.
33_ Inadequate heatCUHC7. 7OJh3 An approved heating system
shall be installed capable o! providing 70 degrees F
three feet above f '.aor in all habitable rooms. _
34. Inadequate/esissing gas shutoff__ safety
iValveZ 203.
5. 30Z
4 connection_at _ raved shut
tJllC1104d. a&303Cc-23. UPC12. 1213m3 An app
off/valor/ connection shall , be installed in an
adjacent/accessible location fdr all gas fired
appliances_
33_ Combustibles are stared tae near heating 71703&7043
Remove combustibles. Check manufacturers specifications.
pL INO
366 Leaking/broken/plugged sewer drains in
CUBC1. 104d. 2. 202. .4. 401. S. 503- 10. 1001bs donrsectedAlI
fixtures and appliances must be properly to
sewer lines and maintained in a sanitary condition.
4
December 22, 1937
3b19
37. Loaking-broked pipes--missing P-?umbing fixtures in-
CUBCAI,- 104d. 2. 202.. 4. 401, 5. 505, 10. 1001d, j, ko, 1, 3 Al I
water pipes and fixtures must be fro* of 1*aks and
maintained in a serviceable and sanitarg con4ition.
38. Inop*rative--missing pressure temperature relief valvw
for hot water sy%,'.,*mCL1BC1. 104d, 2- 203. UHC2_ 202o 4. 401,
10- 1001 d. f- 1, UPC'�'0. 1007, 13. 1305-1306IRap lace valvt.
:39. Cross connected plumbing fixtur*Cs3 . in
CUPCI. 102"110- 6. 608, 10. 1003h3 Water inlets must be a
minimum of I inch above the rito a* the vessel serviced.
Inlets in water closet Ctailet3 tanks must be equipped
with approved ANTI-SIPHCN devices with I inch clearance
above the overflow tube.
39A. Yard sprinklers must be free of cress connections with
br*ak@rCs3 installed at least six C63
approved vacuum
inches above surrounding ground, and heads serviced.
NOT To BE OCCUPIED CUBC2_ 203, 3. 307, 5. 501-=3 Dwelling
shall not be occupied until violations noted above have
been corrected and approved by a Building Inspector from
the City of San Bernardino Building and Safety
Department.
41. Certificate of Occupancy will be required to reoccupy
prop ortq CUBC2- 20:3, 3- 307. 5- 501-5033-
42- Improper occupancqCUMC10. 100tor UBC2- 203- 3. 307, 5. 301-
50:32 Occupancy is not-. allowed in this building or
portion thereof. you must vacate the area-
043- NuisanceCUBC1_ 104d, UMC4.4013
This is an attractive hazard! which may prow& to be
d*terimental to humans- It must be provided protection,
repaired, cleaned up. or removed immediately.
Fire hazard in or on r(n
"Cl- 104d. 2- 2=. L*X=L 202,N 4 401. S. 801. 9. 901.
10- 1001c. do j, k, 1, VFC:2_ 201& 3. 1013 Romov* the building,
device, apparatus, equipment. combustible waste or
vegetation which can cause or augment the spread and
intensity of fire or explosion.
45. Faulty materials of construction in
CUBC1. 104d. 2- 203o UHC10_ 1001c. do j, k. 1. 3 All materials
of constuction must be allowed or appovod by the Uniform
Building Code. a�nd adequately maintained in good and
safe condition.
_ 3 J1
f �
Inadequate maintenance of
CUBCI?104d. 2- 203. UHC2. 202., k 4. 401.
UMC1. 1044, 2- 202,
UPCZ0. 2, NEC2- 202. 90. 1. 90. 4, 90. 6, NFC2. 201. 3. 1013
Repair and/or replace building or portion thereof.
47. Smoke detectorCs3 requiredCUBC12- 1210a. UFC APPEND. 1-
_ AN61 Install smoke detectors as required.
Address required on all buildings and/or aptsCUFC10. 208.
SSMC/Z 3Z 0303. Apply address information on building.
49. Illegal- construction which requires permits and
' inspectionsCUBC3. 301-3033.
a
?O. SUPPLEMII+tT
This inspection report was given to:
A property owner,
B Manager,
C tenant.
D by hand delivered,
E regular mail.
X_X_ F certified mail-9/15/87, 10/19/87
on March 13, 19 87
Inspector SlAna ttrr
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