HomeMy WebLinkAbout13- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL AC�'TION
From: Al Boughey, Director Subject: Appeal of BBC Order No. 2933
Regarding the Abatement of the Public
Dept: Planning and Building Services Nuisance Located at 3200 North E
Street.
Date: November 6, 1995
Synopsis of Previous Council Action: NONE
Recommended Motion: That the Council upholds the ruling and order no. 2933 of the Board of Building
Commissioners and denies the appeal.
Signatu
Contact person: Al Boughey Phone: (909) 384-5357
Supporting data attached: Staff Report Ward: 5th
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
i
Agenda Item No. 3
I/Pol9S
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: 3200 NORTH E STREET
APPEAL OF BOARD OF BUILDING COMMISSIONERS ACTION
On February 2, 1995, the Board of Building Commissioners found that the building and premises
located at 3200 North E Street constituted a public nuisance. The Board's order no. 2530
(Attachment A) directed the owner to 1) secure and maintain the building to FHA board-up
standards within 10 days, 2) to obtain a preinspection report to identify all violations, 3) to
obtain all applicable permits and complete all required work within 60 days, 4) to remove all
signs, and 5) to maintain landscaping and remove all weeds, overgrown vegetation, and debris
within 10 days. The owner failed to substantially comply with this order.
On or about July 17, 1995 the south half of the building was destroyed by an arson fire. A
Notice of Violation (Attachment B) declaring the structure to be a Dangerous Building as defined
by SBMC 15.28.010, Uniform Code for the Abatement of Dangerous Buildings (UCADB),
Section 302, was issued on July 19, 1995 by Senior Building Inspector Jack Masters.
Upon the owner's failure to comply with the Notice of Violation a hearing was held before the
Board of Building Commissioners on October 5, 1995. The Board issued order no. 2933
(Attachment C), which directed the owner to take appropriate actions to either rehabilitate or
demolish the ne tire building within 30 days.
The owner, Mr. Martin L. Hudler, has appealed BBC Order No.2933.
Appellant's Stated Grounds for Appeal
The appellant claims that he has not had adequate time to settle his claim with the insurance
company. It has taken him two and one-half months to obtain one of two necessary repair
estimates, and that he anticipates filing a "Proof of Loss" with the insurer no later than
November 10, 1995. He further states that it will take 30 days after his submittal of the "Proof
of Loss" for the insurer to settle the claim.
Action(s) Requested by the Appellant
The appellant requests an extension of time until December 31, 1995 to apply for building
permits to rehabilitate, reconstruct, or demolish the fire damaged portion of the building. (Note:
The written appeal only addressed the fire-damage portion of the building; the BBC order
addresses the entire structure.)
Staff AnajyaLLs
On numerous occasions dating back to October 19, 1993 complaints have been received by the
Department regarding the safety and ongoing lack of maintenance of this property. At least
three Notices were issued subsequent to inspections by the Code Compliance Division. On these
occasions the building was found to be vacant and unsecured and very poorly maintained. As
such, the building has constituted a public nuisance and an abandoned building as defined by the
San Bernardino Municipal Code, Section 8.30.010. For the past two years, the owner has not
taken any significant steps to rehabilitate the structure or to maintain the property in
conformance with the City's Property Maintenance Standards. The arson fire is a direct result
of the owners failure to maintain the building in a secure manner. Since the fire occurred on
July 17, 1995, four months have elapsed and the owner has failed to take any steps to
rehabilitate the structure.
Staff Recommendation:
A. That the Mayor and Common Council upholds the ruling and order no. 2933 of the
Board of Building Commissioners and denies the appeal.
jl/rfca:1460
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE ABATEMENT OF A PUBLIC NUISANCE
4
5 ORDER NO. 2530 CASE NO. 6491
6 WHEREAS , pursuant to the San Bernardino Municipal Code, Title
7 15, Chapter 15.28, the Building Official has posted a building(s)
8 located at 3200—N-0-- "E" St. , San Bernardino, California, with a
"Notice to Abate Nuisance" and has notified the person(s) having
9
10 an interest in said property that the said building(s) or premises
11 constitute a public nuisance;
12 WHEREAS, the Building Official ordered abatement of said
13
property to protect the health and safety of the community;
14 WHEREAS, pursuant to San Bernardino Municipal Code,
the
15 Building Official has served a "Notice of Hearing Before the Board
16 of Building Commissioners of the City of San Bernardino" , relating
17 to abatement of said nuisance, to the persons) having an interest
18 in the above property, and has prepared a declaration of mailing
opy of which is on file in these proceedings;
19 of the notice, a c
20 and;
WHEREAS, a hearing was held to receive and consider all
21
22 relevant evidence, objections or protests on February 2. 1995,
23 and;
24
WHEREAS, there was not an appearance by any person(s) having
25 an interest in the above property.
26 NOW THEREFORE, IT ORDERED SAN BERNARDINO AS FOLLOWS:• BUILDING
COMMISSIONERS OF THE CITY OF
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1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2530 CASE NO. 6491
2 PAGE 2
3 SECTION 1. Based upon the evidence was submitted, it was
4 found and determined that the building(s) and or premises located
5 at 3200 No. If Ell St. , San Bernardino, California constituted a
6 public nuisance.
7 SECTION 2 . The Board of Building Commissioners accepted
8 staff's recommendations. The property owner(s) are hereby
9 directed to comply with the following requirements. Within ten
10 (10) days, owner(s) shall secure and continue to keep all
11 structures to FHA board-up standards. Owner shall obtain a pre-
12 inspection report to identify all violations. All applicable
13 permits shall be obtained and all required work shall be completed
14 within sixty (60) days. The structure shall not be rented, leased
15 or occupied until all work completed has been inspected and
16 approved by the Building Inspection Division. Within ten (10)
17 days, owner(s) shall contact the Planning and Building Services
18 Department to obtain permits to remove all signs. Within ten (10)
19 days, owner(s) shall maintain the landscaping to include regular
20 irrigation and pruning, and shall remove all weeds, dry brush, .
21 overgrown vegetation, trash, debris or other items causing an
22 unsightly appearance. The property shall meet all applicable
23 codes adopted by the City of San Bernardino.
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1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2530 CASE NO. 6491
2 PAGE 3
3 SECTION 3 . It was determined that the City was required to
4 initiate abatement proceedings upon which the City incurred costs
5 in the amount of $484. 64 . These costs and future related
6 abatement costs shall be the personal obligation of the owner(s)
7 and shall be placed as a lien on the above property.
8 SECTION 4 . Upon the owner(s) of record failure to comply
9 with the order of the Board of Building Commissioners, the Code
10 Compliance Division shall proceed to initiate abatement action by
11 obtaining an Inspection/Abatement warrant to abate violations
12 noted.
13 SECTION 5. Any person aggrieved by this order, may appeal to
14 the Mayor and Common Council by filing a written statement with
15 the City Clerk. The statement must include the order appeal, the
16 specific grounds of your appeal, and the relief or action sought.
17 This appeal must be received within fifteen (15) days from the
18 date of this notice dated February 9. 1995.
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2530 CASE NO. 6491
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 2nd day of February 1995,
by the following vote, to wit:
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso
Carol Thrasher
Amado Savala
Larry R. Quiel
"Joe" V. C. Suarez, Jr.
Ruben B. Nunez
Herbert Pollock
Benjamin Gonzales �(
Leo Cash, Jr. x
C1 rk, Boar of Buildi g Commissioners
The foregoing order is hereby approved this 2nd day of February,
1995.
ChaiA n, Boar o ing Commissioners
Approved as to form and legal content:
James F. Penman, City Attorney
/
By: SAY /
i����
7
uE OF V1016A%� "ism
City of San Bomardino
Depot tmant of Planning and Building Sorvieas
300 N.'D'St.,San Bernardino,California 92418-0001
(909)384-5071 • FAX(909)384-5463
opertyLocation: 3200 North "E" St et
Date: 7/19/95
vner• Martin Hudle
:dress: 1269 Wes omona Road, Suite 102
;y. 19 State: CA Zip Code: 91720
i are hereby notified that the following violations of the San Bernardino Municipal Code existon the above referenced
)perty:
See attached addendum which by this reference becomes a part of this
Notice of Violation.
? Permits Required (UAC 301 a)
Special investigation and fee required (UAC 304 (e))
Plans Required
Other
See Addendum
above listed violations must be corrected within days. Please notify the undersigned inspector when
orrections have been completed. If you have any questions, please call this Department. Thank you, your
.)eration is appreciated.
--tor'sName /!�-Ll� !'/ /�'S {> S Signatur Ph on g�
gal Notices:
,ou object to the determination concerning this notice,you must file a written APPEAL with the City Clerk within 70 days from the date of this
rice.
ilure to correct the listed violations may result in the City placing a NOTICE OFPENDENCy upon this property until such time as the violations
corrected,or may result in other legal action as appropriate.
mpliance with this notice,before,on,or after the above compliance date does not prevent prosecution by the City Attorney's Office on any
the above violations of the San Bernardino Municipal Code.
)lations are punishable by a Fine of up to$500 and/or imprisonment in the county jail for a period of up to six(6)months.
,s.w,: WNrrE-Mail to owner CANARY-lnspooror PINK-File HARDCOPY.,Post PtAn-13.04 a-sst
(Attachment)
NOTICE OF VIOLATION
July 19, 1995
City of San Bernardino
Department of Planning and Building Services
300 North "D" Street, San Bernardino, CA 92418
(909) 384-5071 - FAX (909) 384-5051
Property Location: 3200 North "E" Street
Owner: Martin Hudler
1269 W. Pomona Road, Suite 102
Corona, CA 91720
SBMC 15. 28. 010, Uniform Code for the Abatement of Dangerous Buildings
(UCADB) , Section 302 - Dangerous Building. This building is hereby deemed to
be a dangerous building for the following reasons:
1. The south portion of the building (which measures 100' X 851) has been
severely damaged by fire to the extent that the structural strength and
stability is significantly less than required by the Uniform Building
Code. The roof and floor diaphragms have been destroyed , which
significantly diminishes the structure's ability to resist lateral
forces. (UCADB Section 302 .4)
2 . The remaining cast-in-place concrete walls, are likely to fail, and, due
to their proximity, pose a threat to the public right-of-way (i.e.
streets and sidewalks) . UCADB 302 .5, 302. 6, 302. 11)
3 . The stucco and wood-frame walls above the concrete walls are severely
fire damaged, and are likely to collapse onto public right-of ways.
Therefore they pose an imminent threat to public safety. (UCADB 302.5)
Y . The remaining portion of the building which is not fire damaged, has
been a continual public nuisance, and constitutes an attractive nuisance
for children, or a harbor for vagrants or criminal activity. Steps
should be taken to secure this structure immediately, and to
rehabilitate the same in accordance with the previous order issued by
the Board of Building Commissioners of the City of San Bernardino.
(UCADB 302 . 12, 302 . 17, 302.18)
'he above listed dangerous conditions and violations must be corrected within
:he time limits set forth below:
:tem 1 and 2 above shall be accomplished within 72 hours. The fire damaged
)ortion of the building must be removed.
tem 3 shall be accomplished within 24 hours. The second story fire-damaged
-ood and stucco walls must be removed.
tern 4 shall be accomplished in accordance with the Board's Order.
JVf3200 North E St
V
��F'�tNARD�ti
O
Sp
o CITY OF
7O DEPARTMENT OF PLANNING do BUILDING SERVICES
(San Bernardino CODE COMPLIANCE DIVISION
(909) 3845205
,E ID) IN
Martin L. Hudler LOCATION: 3200 No. "E" St.
C/o International Doctor Supply SAN BERNARDINO, CA
43124 Rancho Way, #D ASSESSORS NO: 152-132-37
Temecula, CA 92510 ORDER NO: 2933/2918
CASE NO: 6491/COMPLAINT: 32300
OFFICER: J. Lease/D. Nolfo
October 13, 1995
Pursuant to action of the Board of Building Commissioners taken on
October 51 1995, a nuisance was found to exist at 3200 No. "E" 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
contact the City Cle k' s office at 384-5002 . •please
By:
Inspection ervices Supervisor
JL: jr
CC : City Clerk
Bicknell K. & Jean B. Beckwith, c/o Heller, Crouse, P.O. Box
1189, Carlsbad, CA 92018
AI BOUOF1ev. Diractnr of Plnnninn—A
r
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE ABATEMENT OF A PUBLIC NUISANCE
4
5 ORDER NO. 2933 CASE NO. 6491
6 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
7 15, Chapter 15.28 , the Building Official has posted a building(s)
8 located at 3200 No. 11E11 St. San Bernardino, -California', with a
9 "Notice to Abate Nuisance" and has notified the person(s) having
10 an interest in said property that the said building(s) or premises
11 constitute a public nuisance;
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 proceeding, to the person(s) having an interest in
16 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 October 5, 1995, and;
20 WHEREAS, there was an appearance by Martin Hudler, owner,
21 Laurie Briggs, neighbor, and Phil Arvizo representing Councilman
22 Devlin, having an interest in the above property.
23 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
24
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MINN
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2933 CASE NO. 6491
2 PAGE 2
3 SECTION 1. Based upon the evidence submitted, it was found
4 and determined that the buildings) and or premises located at
5 3200 No. "E" St. , San Bernardino, California constituted a public
6 nuisance.
7 SECTION 2 . The Board of Building Commissioners accepted
8 staff's recommendations. The property owner(s) are hereby
9 directed to comply with the following requirements. That the
10 owner shall obtain building permits to rehabilitate, reconstruct,
11 or demolish the fire damaged portion (i.e. , the south half) of the
12 building within thirty (30) days, and shall commence construction
13 or demolition within forty (40) days which is to include removal
14 of the sign, and shall complete construction or demolition within
15 ninety (90) days. The owner shall obtain a pre-permit inspection
16 report and all necessary permits for the rehabilitation of the
17 north half of the building, or shall obtain permits to demolish
18 the same within thirty (30) days, and shall commence construction
19 or demolition within forty (40) days, and shall complete
20 construction or demolition within ninety (90) days. The property
21 shall meet all applicable codes adopted by the City of San
22 Bernardino.
23 SECTION 3 . Upon the owner(s) of record failure to comply
24 with the order of the Board of Building Commissioners, the Code
25 Compliance Division shall proceed to initiate abatement action by
26 obtaining an Inspection/Abatement warrant to abate violations
27 noted.
28
0
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2933 CASE NO. 6491
2 PAGE 3
3 SECTION 4 . It was determined that the City was required to
4 initiate abatement proceedings upon which the City incurred costs
5 in the amount of $297.93. These costs and future related
6 abatement costs shall be the personal obligation of the owner(s)
7 and shall be placed as a lien on the above property.
8 SECTION 5. Any person aggrieved by this order, may appeal to
9 the Mayor and Common Council by filing a written statement with
10 the City Clerk. The statement must include the order appeal, the
11 specific grounds of your appeal, and the relief or action sought.
12 This appeal must be received within fifteen (15) days from the
13 date of this notice dated October 13, 1995.
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2918 CASE NO. 6491
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 x
Carol Thrasher
Amado Savala x
Larry R. Quiel X
"Joe" V. C. Suarez, Jr. )C
Ruben B. Nunez
Herbert Pollock �(
Benjamin Gonzales
Leo Cash, Jr. x
Clerk, Board of Building Commissioners
The foregoing order is hereby approved this 5TH day of OCTOBER,
1995 .
Chairma , Board o u' g Commissioners
Approved as to form and legal content :
James F. Penman, City Attorney
By: Zdw f
BABCOCK & CAPPELLI
ATTORNEYS AT LAW
30131 TOWN CENTER DRIVE, SUITE 290
JOHN A. BABCOCK 4094 CHESTNUT STREET
LAGUNA NIGUEL, CALIFORNIA 92677 MICHAEL J. CAPPELLI RIVERSIDE, CALIFORNIA 92501
(714) 249-8009 (909) 788-9888
FAX (714) 249-6709 FAX (909) 276-3226
❑REPLY RIVERSIDE OFFICE
❑REPLY ORANGE COUNTY OFFICE
rt
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FAX NUMBER: c/o (909) 384-5155
by
November Sri Age)nN fiem
VIA FACSIMILE TRANSMISSION ONLY
Mayor and Common Council City ClerkICOC SOCY
City of San Bernardino City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Re : APPEAL OF BBC ORDER NO. 2933
Abatement of Public Nuisance
Property Location: 3200 N. "E" Street
Date of Hearing: November 20, 1995
Time : 9 : 00 a.m.
Place: Council Chambers
Dear Mayor and Common Council :
Our office represents T.J. Haga, the controlling
shareholder of International Doctors Supply Corporation (IDS) ,
the owner of the above-referenced premises . We undertook our
representation of Mr. Haga within the past ten days and have just
learned of the above hearing and recommended action. Further,
Mr. Haga has just become aware of the impending action of the
Board as he has been physically incapacitated (having under
numerous surgeries) in the past twelve months .
On November 16 , 1995, Mr. Haga met with Joseph Lease,
Inspection Services Supervisor for the Department of Planning and
Building Services . It was at this meeting that Mr. Haga first
became aware of the intended action of the city. Mr. Lease
explained the City' s plan of action and reviewed his file with
Mr. Haga (a copy of which Mr. Haga obtained and delivered to our
offices yesterday afternoon at approximately 3 : 00 p.m. ) .
At said meeting, Mr. Haga advised Mr. Lease of his
relationship to IDS and his lack of knowledge of the pending
proceedings .! Mr. Lease, similarly, was unaware of Mr. Haga' s
interest in the property. Mr. Lease advised that the City had
dealt only with Martin L. Hudler regarding the abatement issues
and that it was Mr Hudler' s inaction that led to the Board' s
Mayor and Common Council
November 17, 1995
Page 2
order. You should be aware that Mr. Hudler' s relationship to IDS
emanates from his role as the payee for the benefit of IDS under
the policy of hazard insurance covering the premises . Mr.
Hudler, however, failed to inform Mr. Haga as to the status of
the insurance claim and his involvement with the City regarding
the abatement, thus the reason for our involvement .
Despite Mr. Hudler' s inaction, Mr. Lease advised that
the City would rather avoid undertaking the abatement work if a
responsible plan for abatement could be presented. Mr. Haga
expressed his willingness to undertake immediate steps to abate
the nuisance . Mr. Lease advised Haga to have our offices
immediately write you to advise of our representation, Mr. Haga' s
interest in the property, and his plan for abatement . In that
regard, we advise you of the following:
1 . Our offices contacted David Skyer, attorney for
the insurance carrier to advise of Mr. Haga' s interest in the
property and desire to have funds released for the abatement .
2 . Our offices contacted Jeffrey D. Diamond, the
attorney for Martin L. Hudler, and proposed a plan to jointly
undertake immediate steps to abate the nuisance . Mr. Diamond
advised that Mr. Hudler was in the process of obtaining the
necessary permits to do the work required.
3 . Our offices contacted Charlie Ray Gann
Construction, a licensed demolition contractor, to inspect the
premises today and prepare a plan for demolition. Mr. Gann is
one of the largest demolition contractors in Southern California,
often working for Federal, State and Municipal agencies .
4 . IDS will have secure and board-up the building
within 10 days of November 20, 1995 .
5 . IDS will immediately undertake to obtain a pre-
inspection report to identify all code violations . IDS will make
the report available to the Board as soon as prepared. I believe
that the demolition company which we have contacted will be able
to move as quickly as permits can be issued.
6 . IDS will demolish the building and clear the
premises within 10 days of issuance of permits .
7 . IDS has, concurrently herewith, contacted the
insurance company who apparently has sufficient funds to pay the
current outstanding obligations, necessary fees and costs, and
necessary demolition expenses . We are concurrently herewith
obtaining a letter of commitment from the insurance company
regarding same .
0
Mayor and Common Council
November 17, 1995
Page 3
8 . If IDS fails to meet any one of the deadlines
proposed herein, the City can take whatever steps it deems
necessary to abate the nuisance.
Though the problem has been pending before you for some
time, we hope you can appreciate our swift action upon our
learning of the City' s intended plan. We request that you afford
Mr. Haga and IDS the opportunity to undertake the abatement . We
believe this will be the fastest and most economical solution for
all concerned parties .
Thank you for your review of the above. We look
forward to the hearing on Monday.
%ael yo
E L
fd--- Cappelli
MJC: sas ��''`"`,,
cc : T.J. Haga
Al Boughey, Director Via Facsimile Only
Department of Planning and Building Services
Joseph Lease, C.B.O. Via Facsimile Only
Board of Building Commissioners Via Facsimile Only
James S. Penman, Esq. , City Attorney Via Facsimile Only