HomeMy WebLinkAbout24- Planning and Building Services f _
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director ORIGINALSubject: Appeal of BBC Order No. 3237 Regarding
Property Located at 1029 West Rialto Ave.
Dept: Planning and Building Services
Date: July 2, 1996
MCC nATF- Tnly 15 1996
Synopsis of Previous Council Action: None
Recommended Motion: That the Mayor and Common Council uphold Order No. 3237 of the Board of Building
Commissioners and deny the appeal.
7
i ture
Contact person: Al Boug_hey Phone: 5357
Supporting data attached: Staff Report Ward: 3
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. q
'11151199k
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
BACKGROUND
On November 7, 1995, an inspection of the subject property was conducted in conjunction with
the Rental Housing Inspection Program and an inspection Report was issued to the property
owner on November 9, 1995. On December 6, 1995, a reinspection revealed outstanding
violations and a Notice and Order was Issued to the owner on December 8, 1995. A reinspection
on January 17, 1996 revealed that the owner had only partially complied. A Notice of Hearing
(Attachment C) was issued on January 31, 1996 for the outstanding violations. By the date of
the Board of Building Commissioners Hearing additional progress had been made and only items
1, 4, and 5B (as referenced in the Notice of Hearing) remained uncorrected. The Board issued
Order No. 3237 on March 7, 1996 requiring the owner to correct all violations within 30 days.
The owner subsequently appealed the Board's order.
STATED GROUNDS FOR APPEAL
The owner states in his letter of appeal that he has expended $9500 on various repairs since
purchasing the property as an investment one year ago.
ACTIONS SOUGHT
The appellant requests that the Council waive the costs incurred by the City in its enforcement
effort as confirmed by the Board of Building Commissioners. These costs total $435.14.
ANALYSIS
Although the owner may have expended considerable funds to date on repairs, significant
violations still exist. In purchasing the property he should have been aware of its condition, and
contemplated the need for these repairs. The deteriorated handrails, guardrails and landings on
the exterior stairway represent a potential hazard to persons using them. In addition, the exterior
of the structure is in need of painting, which detracts from the overall appearance of the property
as well as the neighborhood.
STAFF RECOMMENDATION
That the Mayor and Common Council uphold Order No. 3231 of the Board of Building
Commissioners and deny the appeal.
ATTACHMENTS:
A : Notice of Appeal from John James Barbee
B : BBC Order No. 3237 dated March 7, 1996
C : Notice of Hearing dated Jan 31, 1996
D : Notice and Order dated Dec 8, 1995
--------------------------------------- FOR OFFICE USE ONLY ------- --------------------
Departments Receivin Date/Time Stamp:
Copies: C
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Original to: o `'- ��
Payment Information:
Date o istribution:
Last Updated: 3/26/96 QED IN
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.
Comvllete All Information
Appellant Name
& Address:
SIC— �-AP(c,—Ilk�CA , r-\(-)� 6
Contact Person
& Address:
(,6�1 N• U"` -•� i R -c SSE l2- C-\,p(c,- d Cam., C'\l75 G
Contact Person Phone 1
Number: Day: o�)q 6 -�3C S Evening: °�o`'/ ��6
Affected Property
Address & APN # V Lc� LJ 2 o A-`'
Type of Appeal - Check One:
Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies:
(*Adjusted Annually)
Planning Commission ($122.00 *) — Board of Building Commissioners (No Charge)
Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Access Appeals Board (No Charge)
Vehicle Abatement ($75.00) Other/Explain: (No Chareel
(continue next page)
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64):
1. The specific action appealed, and date of that action:
2. The specific grounds of appeal:
�l- A,-Ti 4c-H Fo
3. The actions(s) sought from the legislative body:
4. Any additional information: «"1 S
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Signature of Appellant:
0M (/13 Date: 1+ - —CA
CITY OF SAN BERNARDINO '96 , ^ 115 P �S
300 NORTH V STREET
2ND FLOOR
SAN BERNARDINO,CA 92418
APRIL 12, 1996
LOCATION: 1029 W.RIALTO AVE
SAN BERNARDINO,CA. 92410
ASSESSORS NO: 137-041-09
ORDER NO:3237
CASE NO:RH96-0028
OFFICER:P.SMITH
SPECIFIC GROUNDS FOR APPEAL: AS OF THIS LETTER I HAVE BEEN IN TOUCH ON A
REGULAR BASES WITH MY INSPECTOR MY PROPERTY HAS HAD MANY THINGS DONE TO
IT. GRAFFITI REMOVAL,PAINT,NEW FENCES,CLEANING OF PREMISES,UNITS ALL
REMODELED,AND ALL UNITS RENT OUT.WITH A ON GOING MAINENCE SCHEDULE I WILL
BE UPGRADING MY UNITS AS NEEDED TO PROTECT MY INVESTMENT.
WHEN I PURCHASED THESE UNIT A YEAR OR SO AGO THEY HAD THESE PROBLEMS:NO ONE
PAYING RENT,LACK OF MAINENCE,NO GREEN BELT,AND GRAFFITI.THIS WAS A BANK
REPO OF COURSE.
I HAVE PUT A GREAT EFFORT TO IMPROVE MY PROPERTY IN A HARD AREA WITCH HAS
COST ME A LOT OF TIME AND MONEY.
IN THE LAST SIX MONTHS I HAVE INVESTED IN PAYMENTS AND REPAIRS 9500.00.
THIS IS A FINANCIAL BURDEN.
IN THIS EFFORT TO CONTINUE,AND BETTER THE LIVE STANDARDS IN SAN BERNARDINO,
I WOULD HOPE YOU WOULD RELIVE ME OF THESE COST.
IF YOU WERE TO DRIVE DOWN THE STREET YOU WILL UNDERSTAND AND APPRECIATE THE
STANDARD OF MY UNITS,I FEEL THAT THEY ARE BY FAR ONE OF THE BEST LOOKING ONES
IN THE BLOCK
ENCLOSE ARE A FEW PICTURES OF MY PROPERTY,THEY ARE LABEL ON BACK-
SINCERELY,
'tiv v
JOHN J.BARBEE
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CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT
Date No. 687961
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I ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO
3 ORDER NO. 3237 CASE NO. RH96-0028
4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
5 15, Chapter 15 . 04 , 15 . 24 and 15 . 28, the Building Official has
6 posted a property located at 1029 W. Rialto Ave. , San Bernardino,
7 California, with a "Notice and Order" and has notified the person
8 having an interest in said property that the said building or
9 premises is in violation of San Berpardino Municipal Code and
10 constitutes a public nuisance;
11 WHEREAS , pursuant to San Bernardino Municipal Code, the
12 3uilcding Official has served a "Notice of Hearing" before -he
13 3oard of Building Commissioners, of the City of San Bernardino,
14 relating to abatement proceeding, to the person having an interest
15 in the above property, and has prepared a declaration of mailing
16 of the notice, a copy of which is on file in these proceedings;
17 and;
18 WHEREAS, a hearing was held to receive and consider all
19 relevant evidence, objections or protests on March 7, 1996, and;
20 WHEREAS, there was an appearance by Mr. John Barbee having an
21 interest in the above property.
22
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I BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3237 CASE NO. RH96-0028
2 PAGE 2 OF 3
3 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
5 SECTION 1 - FINDINGS :
6 Based upon the evidence submitted, the Board finds that the
7 violations noted in the Notice of Hearing do in fact exist on the
8 property located at 1029 W. Rialto Ave. , San Bernardino,
9 Calil'-:'ornia and is being maintained in violation of SBMC, and
10 theefore constitutes a public nuisancte.
11 SECTION 2 - ORDER:
Board o` Building Commissioners, accepted s t a s
12'
reco,me datic^s . The property owner is hereby directed to comply
13
14 with the following requirements : that the property owner shall
15 obtain all necessary permits for the rehabilitation of the
16 structure within ten (10) days and correct all violations within
17 thirty (30) days from the date of this order, or; if the property
18
owner fails to rehabilitate the structure within thirty (30) days
19 from the date of this order, the building shall be deemed
20 substandard as defined by SBMC 15 . 040 . 020 and UHC 1001 . The
21 property owner shall meet all applicable codes adopted by the City
22 of San Bernardino.
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24
25
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1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3237 CASE NO. RH96-0028
2 PAGE 3 OF 3
3 SECTION 3 - AUTHORIZATION TO ABATE:
4 Upon the property owner of record' s failure to comply with the
5 order of the Board of Building Commissioners' , the City may
6 proceed to initiate abatement action by obtaining an
7 Inspection/Abatement warrant to abate violations noted.
8 SECTION 4 - CONFIRMATION OF INCURRED COSTS :
9 The Board determined that the City` was required to initiate
10 abatement proceedings and incur costs in the amount of jjaS . 14 .
11 These costs and any future additional abatements shall be the
12 personal obligation of the property owner and, if unpaid, shall be
13 recorded as a special assessment on the county tax record.
14 SECTION 5 - RIGHT TO APPEAL:
15 Any person aggrieved by this order, may appeal to the Mayor and
16 Common Council by filing a written statement with the City Clerk.
17 The statement must include the order number appealed, the specific
18 grounds of the appeal, and the relief or action sought . This
19 written appeal must be received within fifteen (15) days from the
20 date of this notice dated March 29, 1996 .
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3237 CASE NO. RH96-0028
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 7th day of
March 1996, by the following vote to wit :
COMMISSIONERS : AYE NAY ABSTAIN ABSENT
Alfred Enciso X
Carol Thrasher x
Amado Savala X
Larry R. Quiel K
"Joe" V. C. Suarez, Jr. x
Ruben B. Nunez -K
Herbert Pollock
Benjamin Gonzales
Leo Cash, Jr. x
le and of Building Commissioners
The foregoing order is hereby approve;A this 7th day of MARCH,
1996 .
ChaifA55n, Boar of Building Commissioners
Approved as to form and legal content:
JAMES F. PENMAN, City Attorn
BY: /
f
r.
I T Y O F
an bernardino
DEPARTMENT O F PLANNING AND B U I L D I N G S E R V I C E S
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)
January 31, 1996
Property Owner: Subject Property: 1029 W. Rialto Avenue
John Barbee San Bernardino, CA
2007 Spring Creek Circle Assessor's Parcel: 137-04-109
Upland, CA 91786 Case No.:RH96-0028 Inspector: P.L. Smith
�0%%�A
Dear Property Owner/Interest Hol `V
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, MARCH 7, 1996 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.
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.
3 0 0 N O R T H . D - S T R E E T , S A N 8 E R N A R D I N 0 .
r A I I G 0 R N 1 A a 2 A I a - n n n , r 0 n 6 1 1 2. - c n 7 . 1 9 n .
Notice of Hearing - 1029 W. Rialto
January 31, 1996
Page 2 of 3
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 November 7. 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 November 27. 1995 a subsequent inspection
revealed that the requested corrections were not completed. The outstanding violations include
the following:
1. Peeling, Cracking, or Weathered Paint. The exterior walls and trim of the building
and carports are weathered, worn, and peeling. Paint both buildings.
(SBMC 15.24.050A7)
2. Damaged Fences. The fence on the east property line is delapidated and falling over.
Repair/replace and paint the fence. (SBMC 15.24.050A7)
3. Inadequate Fire-protection or Equipment. There are no fire extinguishers located on
the building. Provide exterior fire extinguishers (Type 2A10BC) with common access
within 75 feet of all units, or provide a lA10BC fire extinguisher in each unit.
(SBMC 15.04.020, UHC 1001(m) and 901; UFC 10.303)
4. Inadequate or Unsafe Exit Facilities. The exterior rear stair handrails are deteriorated
and have excessive deflection.. Repair or replace the handrails and install balusters to
meet code requirements. (SBMC 15.04.020, UHC 1001(1))
5. General Dilapidation or Improper Maintenance. (SBMC 15.04.020, UHC 1001(b)13)
A. Several window screens are broken. Repair or replace the broken screens.
B. The rear stair landing and several of the individual steps are delapidated. Repair
the landing and steps.
r
Notice of Hearing- 1029 W. Rialto
January 31, 1996
Page 3 of 3
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: Patrick L. Smith
Housing Inspector
Attachment: Statement of Costs
cc: City Clerk
G. Lee, Account Clerk
Quality Mortgage USA, Inc., 16800 Aston St., Irvine, CA 92714
File: 000393
Statement of Costs
(Rental Housing)
Case Number:RH96-0028 Date:January 31, 1996
Subject Property:1029 W. Rialto Avenue, San Bernardino, CA
Parcel Number: 137-04-109
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 (FBR): $45.16 Hr X 3.5 $ 158.06
City Clerk Costs $ 22.00
Attorney Costs $ 40.00
Photographs $ 5.00
Title Search $ 25.00
Certified Mailing $ 10.08
Notice of Pendency $ 125.00
Hearing Cost $-5Q-00
SUBTOTAL $ 435.14
CONTRACTOR COSTS
Contractor: $ -------
40% Administrative Costs $ -------
SUBTOTAL $ -------
Previous costs incurred: Contact City Clerk for
previous fees incurred $ -------
Abatement Date:
TOTAL AMOUNT DUE $ 435.14
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:
Inspector S 11 isor
File: 394
�F,ttN AR D��o
c9� C I T Y O F
an Bernardino
D E P A R T M E NT OF P L A N N I N G A N D BUILDING SERVICES
A L B O U G H = Y , A I C P
D I R E C T O R
Notice and Order
December 8, 1995 RA
John Barbee
O
2007 Spring Creek Circle
P g
Upland, CA 91786
Subject Property: 1029 W. Rialto Avenue APN: 137-04-109
Dear Property Owner:
An inspection of the above referenced property in accordance with the San Bernardino Municipal
Code, Section 15.25.040, was conducted on November 7, 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.
1. Peeling, Cracking, or Weathered Paint. The exterior walls and trim of the building
and carports are weathered, worn, and peeling. Paint both buildings.
(SBMC 15.24.050A7)
2. Damaged Fences. The fence on the east property line is delapidated and falling over.
Repair/replace and paint the fence. (SBMC 15.24.050A7)
3. Inadequate Fire-protection or Equipment. There are no fire extinguishers located on
the building. Provide exterior fire extinguishers (Type 2AlOBC) with common access
within 75 feet of all units, or provide a lAlOBC fire extinguisher in each unit.
(SBMC 15.04.020, UHC 1001(m) and 901; UFC 10.303)
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 0 .
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 . 5 0 7 1 / 5 0 5 7
Notice and Order - 1029 W. Rialto Avenue
December 8, 1995
Page 2 of 3
4. Inadequate or Unsafe Exit Facilities. The exterior rear stair handrails are deteriorated
and have excessive deflection.. Repair or replace the handrails and install balusters to
meet code requirements. (UBC 509.3, SBMC 15.04.020, UHC 1001(1))
5. General Dilapidation or Improper Maintenance. (SBMC 15.04.020, UHC 1001(b)13)
A. Several window screens are broken. Repair or replace the broken screens.
B. The rear stair landing and several of the individual steps are delapidated. Repair
the landing and steps.
The above listed violations must be corrected within ten days (i.e. by December 19, 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, et cetera. 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.
r`
Notice and Order - 1029 W. Rialto Avenue
December 8, 1995
Page 3 of 3
If you should have any questions regarding this notice, please contact the undersigned inspector
for assistance. We sincerely appreciate your efforts in helping us maintain a clean and safe
community.
Sincerely,
Patrick L. Smith
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)
File: 000314