HomeMy WebLinkAbout34- Public Services W !W ' a
CITY OF SAN BERN IDINO - REQUEST r R COUNCIL ACTION
From: Manuel P. Moreno, Jr. , Subject: Appeal of Board of Building Commissioners
Director of Public Services decision -- abatement of weeds on property
Dept: Public Services located off Mt Vernon Avenue, between 15th
and Evans Streets
Date: January 12, 1993 Assessor's parcel no. 0143 102 23
Synopsis of Previous Council action:
12/4/92 -- Adopted Order No. 1777
Recommended motion:
That the appeal of Mr. Clark H. Hahne relative to the assessment made by the Board
of Building Commissioners with regard to the abatement of abatement of weeds and debris
from property located off Mt Vernon Avene, between 15th and Evans Streets (parcel no.
0143 102 23) be denied and decision by the Board of Building Commissioners be upheld.
Adopt resolution.
Signature
Contact person: Manuel P Moreno. Jr Phone: 384-5045
Supporting data attached: Staff Report Ward: 6
FUNDING REQUIREMENTS: Amount: nnnP
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERNo%RDINO — REQUEST F.jR COUNCIL ACTION
STAFF REPORT
On August 24, 1992 , a "Notice to Clean Premises" and letter
was mailed to Mr. Clark H. Hahne, PO Box 315, Lake Arrowhead, CA
92353 , regarding property Parcel No: 0143 102 23 , located off Mt
Vernon Avenue, between 15th and Evans Streets.
(Copies attached)
After the notice was sent, the department received a telephone
call from a woman named Louise, who works for Mr. Hahne, asking how
they can stop people from dumping. She was told to check the
property, have it abated, and then place a berm so people would not
have easy access to the property.
The notice and letter stated that Mr. Hahne's property
required cleaning of major dumping and if he did not comply, it
would be issued to city crews and be billed for labor, equipment
and county tipping fees.
The property was inspected for compliance on September 5, 1992
and the property owner failed to comply. The department received
numerous complaints from surrounding owners regarding the dumping
and rodents entering their property due to all the debris.
City crews were sent to abate the property on September 14 ,
1992 , they were pulled off the job to assist with paving and
returned to complete the abatement on September 23 , 1992 .
(Photos attached)
Total charge for the abatement was $3 , 541. 76 ($653 . 35 labor,
$75. 00 administration fee, $228 . 67 equipment and $2 , 584 . 74 County
dump fees, copy of receipts attached) .
Based on the evidence presented, by majority vote the Board of
Building Commissioner's adopted the sum of $3 , 541.76 to be assessed
against Mr. Hahne and ordered that a lien be placed on the property
if the assessment was not paid. A copy of the Board of Building
Commissioners order is attached.
Mr. Hahne has suggested on his appeal to the Mayor and Common
Council, that the top dollar amount he would normally pay a
contractor would be $700. 00. Mr. Hahne's property had major
dumping and as shown as part of this exhibit the total dump fees
were $2 , 584 . 74 . It is our opinion that no contractor could dispose
of the debris at a landfill for $700. 00.
The city has had to abate Mr. Hahne's property on several
other occasions because Mr. Hahne had failed to comply when
notified in the past.
75-0264
RESOLUTION NO.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COST
OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL
2 PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS O
THE ABATEMENT
3 WHEREAS, the City of San Bernardino, pursuant to it
4 authority under Chapter 8 . 27 of the San Bernardino Municipal Code,
5 did lawfully cause public nuisances to be abated on the properties
6 described in Exhibit "A" attached to and incorporated in this
7 resolution; and
8 WHEREAS, notice was given to the owners of record of said
9 properties, and a hearing has heretofore been held to hear protests
10 and assess the costs of said abatement before the Board of Building
11 commissioners.
12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
13 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
14 SECTION 1. Said costs are found to have been incurred by
15 the City pursuant to proceedings under the San Bernardino Municipal
16 Code, and the final statement of costs on file with the City Clerk
17 is hereby confirmed and adopted as special assessments against the
18 properties listed in Exhibit "A" hereto.
19 SECTION 2 . If said sum is not fully paid to the City
20 Clerk, City Hall, San Bernardino, within five (5) days after mailing
21 a notice to the person or persons of the adoption of this resolution
22 as to any such individual parcel, then said sum shall be and become
23 a lien on said property pursuant to said Municipal Code provisions
24 and applicable laws and shall be collected as a special assessment
25 thereon.
26 SECTION 3 . In the event any sum is not paid as
27 hereinabove provided, the City Clerk is hereby directed to file a
28 01/21/93 -1-
I RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS O
ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL
2 PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS O
THE ABATEMENT
3 certified copy of this resolution, including Exhibit "A" showing
4 such sums as remain unpaid, to the Recorder and the Auditor of the
5 County of San Bernardino, State of California, directing that each
6 sum be entered as a lien charged against the property as it appears
7 on the current assessment rolls, to be collected at the said time
8 and in the same manner, subject to the same penalties and interest
9 upon delinquencies, as the general taxes for the City of San
10 Bernardino are collected.
11 /
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24
25 /
26
27 /
28 01/21/93 -2-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF
ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL
2 PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF
THE ABATEMENT
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the day of
6 , 1992 , by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
17 City Clerk
18 The foregoing resolution is hereby approved this
19 day of , 1992 .
20
21 W.R. HOLCOMB, Mayor
22 City of San Bernardino
23 Approved as to form
and legal content:
24 JAMES F. PENMAN
25 City Attorney
t ,
26
By:
27
28 61/21/93 -3-
ORDER NO. 1777
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CIT
OF SAN BERNARDINO ASSESSING COSTS OF ABATEMENT OF PUBLIC NUISANCE
2
3 WHEREAS, pursuant to San Bernardino Municipal Code, Titl
4 8 , Chapter 8 . 27 , the Director of Public Services of the City of Sa
5 Bernardino has given notice of and thereafter abated a public
6 nuisance found to exist on the properties described in Exhibit "A'
7 attached to and hereby incorporated in this order; and
8 WHEREAS, pursuant to San Bernardino Municipal Code, the
9 Director of Public Services served notice to all property owner
10 listed in Exhibit "A" , of the hearing before the Board of Building
11 Commissioners of the City of San Bernardino relating to abatement
12 costs to be assessed the owners and their right to appear at said
13 hearing and protest the assessments; and
14 WHEREAS, every property owner against whom an assessment
15 has been proposed has been afforded an opportunity to be heard by
16 the Board of Building Commissioners heretofore;
17 NOW, THEREFORE, THE BOARD OF BUILDING COMMISSIONERS OF THE
18 CITY OF SAN BERNARDINO ORDERS THE FOLLOWING:
19 1. Based upon the evidence submitted by the Director of
20 Public Services or his representative, it is found and determine
21 that the properties described in Exhibit "A" , constituted a public
22 nuisance which had to be abated by the City at the costs stated in
23 Exhibit "A" .
24 2 . These costs should be assessed in the amounts se
25 forth in Exhibit "A" against the respective properties and may be
26
27
12/02/92 -1-
28
1 made a personal obligation of the property owner by commencement of
2 court proceedings against the owner.
3 3 . Any person aggrieved by this order may appeal to th
4 Common Council by filing with the City Clerk a written statement of
5 the order appealed from, the specific ground of appeal and th
6 relief or action sought from the Common Council pursuant to the Sa
7 Bernardino Municipal Code.
8 I HEREBY CERTIFY THAT THE FOREGOING ORDER WAS DULY ADOPTE
9 BY THE Board of Building Commissioners of the City of San Bernardin
10 at a regular meeting thereof, held on the 4th day of December ,
11 1992 , by the following vote, to wit:
12 AYES: Commissioners Pollack, Westwood, Chandler,
13 Hunt Flores Gonzales
14 NAYS:
15 ABSENT: Cortez
16 ABSTAIN: Pensiero
17 CLERK, BOARD OF BUILDING COMMISSIONERS
18 The foregoing order is hereby approved this 4th day,
19 December 1992 .
20
21
22 VHAIRMAN, BOARD OF BUILDING COMMISSIONERS
23 Approved as to form
and legal content:
24
JAMES F. PENMAN,
25 City Attorney
26
By:
27
12/0 /92 -2-
28
WEED ABATEMENT ASSESSMENTS
EXHIBIT "A"
0143 102 23 Hahne, Clark H. W21305 3 , 561 . 26
PO Box 315
Lake Arrowhead, CA 92353
t15
C I T Y O F
an bernardino
"11<17 71
}�
P U ! L I C S E R V I C E S D E P A R T M E N T
M A N U E L P M O R E N O , J R
0 1 R E C T O R , P U B L I C S E R V I C E S
August 24 , 1992
Clark H. Hahne
PO Box 315
Lake Arrowhead, CA 92352
Re: Parcel No: 0143 102 23
Dear Ms. Reyes:
Attached you will find a "Notice to Clean Premises" for the above
mentioned parcel giving you 10 days from the above date to abate
the dumping.
We will be inspecting the property for compliance on September 4 ,
1992 and if not in compliance this will be issued to city crews for
cleaning. You will be billed for labor, equipment and tipping fees
($36. 65 per ton) which will cost you a very large sum of- money.
If you have any questions, please contact me at (714) 384-5045 .
Ver truly yours,
Denise Wilder
Acting Abatement Coordinator
PRIDE
IN PROGRESS
3 0 0 N 0 R T H D S T R E E T S A N B E R N A R O I N 0
C A L. I F 0 R N I A 9 2 4 1 8 0 0 0 1 7 1 4 / 3 ! 4 - 5 0 5 3 ;7;
CITY OF SAN BERNAh.INO DEPARTMENT OF F-.,UC SERVICES
ABATEMENT SECTION
300 North "D" Street
San Bernardino, CA 92418
(714) 384-5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
Hahne, Clark H. RE: PARCEL 0143 102 23
PO Box 315 PROPERTY DESCRIPTION:
Lake Arrowhead, CA 92352 -
By virtue of the weed abatement rules and regulations of the City of San Bernardino, San Bernardino Municipal Code Chapter 8.27, you are hereby
notified to remove from your property, which is described above, any and all of the items described below which constitute or may constitute a
public nuisance so that the removal thereof is necessary to protect the health and safety of the inhabitants of said City:
All Debris and
Weeds and Grass ❑ Tumbleweeds 1:2 Combustible Mate-rals Other (See Below)
Notice is hereby given pursuant to Section 8.27.040 of the San Bernardino Municipal Code that the Public Services Director of the City of San Bernardino
has determined that a nuisance exists on or abutting the property described in this Notice or on the parkway thereof. The nuisance consists of one
or more of the following: weeds, sagebrush, chaparral, brush, dry vegetation or vegetation which attains such extensive growth as to become a
fire menace when dry, poison oak or ivy or other plants which are noxious or dangerous, dry grass,stubble, brush, deadwood, dead or diseased
trees, dead or dry palm fronds, fences in disrepair or broken, litter, flammable material which creates a fire hazard, containers. abandoned asphalt
or concrete, rubble or waste materials. You must abate or remove this nuisance within ten (10) da.s of the date of this notice; otherwise it will
be removed and abated by the City of San Bernardino, in which case the cost for such removal wit=be assessed upon the property from which,
or abutting the property from which, said nuisance is removed, and such costs will constitute a tax lien on such lots or land until paid.
Any person objecting to this determination of a nuisance or to the proposed removal and abatemen:of said nuisance, may file a written protest
with the City Clerk not later than ten (10) days from the date of this Notice. The City Clerk shall transmit such protests promptly to the Board of
Building Commissioners of San Bernardino.
Notice is further given that said protest shall be heard before the Board of Building Commissioners in the Council Chambers at City Hall, 300 North
"D" Street, San Bernardino. California. on the first Friday of the next month after the date of this nonce at 9:00 in the morning. If a timely protest
has been filed, you or your agent may appear at said hearing and be heard and may present and hear evidence concerning the proposed abatement.
The Public Services Director has also determined that the property described in this Notice supports ne growth of weeds, dead or dry palm fronds
and dry grass which are seasonal and recurrent nuisances that must also be removed and abated hereafter from time to time. Notice of regrowth
of this nuisance during this calendar year will be given without further hearing. Failure to abate such recurring conditions will result in the City abating
such nuisance,in which case the cost of such removal shall constitute a tax lien upon the property described in this Notice until paid. The effic ent
and economical control of such seasonal and recurrent nuisances may require preventative chemical control of such weeds, weed seeds, and weed
seedlings, and the City may require preventative chemical control of such nuisances.
❑ If checked here, then the following Notice of Regrowth applies instead:
A "Notice to Clean Premises,"as stated above,was previously mailed to you,declaring a nuisance on t'-e above property.That Notice,which required
removal or abatement of such nuisance, also declared that substantial regrowth must be abated- The above property was recently inspected, and
the removal of any or all of the following items is required at this time:
❑ Weeds and Grass ❑ Tumbleweeds ❑ Other Mp �pr DUmMi Ong
You are hereby urged to perform the abatement work indicated within ten (10) days from the date of this Notice. If the property is not cleaned
and the nuisance abated within this time, the City will have the work done to abate the nuisance and will assess the costs thereof as a tax lien
against the property. No hearings are conducted on Notices of Regrowth.
ABATEMENT COORDINATOR ABATEMENT MUST BE COMPLETED
DEPARTMENT OF PUBLIC SERVICES WITHIN TEN DAYS OF THE DATE BELOW:
(714) 384-5045
DATE: 08-24-92
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SEASONS
REALTY
September 28, 1992
Office of Mayor Bob Holcomb
300 North B Street
San Bernardino, California 92418
Attention: Ray Salvador
Dear Ray:
I 'm following up on our phone conversation of September
28 , 1992 .
Enclosed is a notice to abate from the Department of
Public Services, it was mailed from your office
9-23-92 . In fairness to the Department of Public
Services I had received a previous notice which I
receive every year from the same department . At that
time I contacted Bud Davis Back Hoe Service who has
done work previously on this property and requested he
do the work. The second notice which is
enclosed clearly says that the abatement must be
completed with in ten days of 9-28-92 . I called Bud
Davis immediately and urged them to do the work right
away. Bud inspected the property and called me back
with the information he would be starting work on
Monday September 28th.
He called me from the job site where he had unloaded
his equipment and said there was evidence of some
cleanup and a water truck being on the property.
I immediately called the abatement . section of the
Department of Public Service and talked to a women and
informed her that I had my own contractor on the
property to do the work and I was clearly with in the
10 days abatement time as indicated on the enclosed
notice. She informed me rather rudely that I would
receive a "major bill" from the City. I informed her
that I had no intention of paying any bill to the City
and I would have my own contractor do the work.
After that I called and asked for Major Bob Holcomb,
they were kind enough to put me in your hands .
O ?OX In'T LAKE AR�^_Y(HEAD.CALIFORNIA 92352
�7 14)337 11 =aX X714)337-5144
Page #2
It was suggested by a gentlemen at the abatement
section with whom I spoke several months ago that if I
had my contractor place a berm around the access
points to prevent cars and trucks from driving and
dumping on the property, should solve my problem. With
your permission I will have Mr. Davis complete that
project this week.
Sincerely, ;"
Clark H. Hahne
Owner/Broker
enclosures
cc - file
Bob Holcomb
SCI 1 ¢ O
s f 9l
1�1 A{•jC fs
V
October 7 , 1992
Office of Mayor Bob Holcomb
300 North B. Street
San Bernardino, California 92418
Attention: Ray Salvador
Dear Ray:
On September 28th I wrote you a letter regarding my
parcel cleanup.
Today, I received an invoice #W21305 in the mail from
the City of San Bernardino Finance Department .
As I stated in my letter of September 28, I will not
pay the city for their clean up as I had my own
contractor there and already doing the work on
September 28, the first day of my 10 day notice.
Please contact the city regarding this matter.
I 'd rather handle it in this way rather then employing
an attorney,
Sincerely,
Clark H. Hahne
Owner/Broker
enclosures
cc - file
9Fc
ICITY OF NTEROFFICE MEMORANDUM P 061 C'��Li�
6�99�4
TO: Manuel Moreno, Jr. , Director of Public Services �9`�CFS
FROM: Ray Salvador, Mayor' s Administrative Assistant
DATE: October 1, 1992
SUBJECT: - Weed Abatement on Parcel #014310223
COPIES: Mayor, File.
-----------------------------------------------------------------
Please review the attached correspondence and advise if the City
initiated weed abatement action prior to the expiration of the 10-
day notice dated September 28 , 1992 . Thank you for your assistance
with this matter.
Ray Salvador
M liatil -
CITY OF SAN BERNARDINO
PUBLIC SERVICES DEPARTMENT
INTER-OFFICE MEMORANDUM
To: Ray Salvador, Mayor' s Administrative Assistant
From: Manuel P. Moreno, Jr. , Director of Public Services
Date: October 7 , 1992
Subject: Weed Abatement on Parcel No. 0143 102 23
Attached is a copy of the letter which was sent to Mr. Clark Hahne
along with a 10 day "Notice to Clean Premises" dated August 24 ,
1992 and tipping fee receipts pertaining to the abatement of Mr.
Hahne's parcel .
We received numerous complaints from the residents surrounding this
property about rodents entering their homes and property due to all
the debris, drug dealings and prostitution activities.
The department acted upon the 10 day notice dated August 24 , 1992 .
The notice which Mr. Hahne is referring to is the Fall notice which
was mailed to all property owners of vacant lots.
City crews were assigned to clean this property on September 14 ,
1992 , this was 11 days after his expiration date. The crew was
pulled off the abatement to assist with paving and went back on
September 23rd to complete the job. We have 52 polaroid photos,
and portions of the abatement on video to justify the abatement on
this lot. The total cost for this abatement is $3 , 541. 76.
cc: W.R. Holcomb, Mayor
- Council office --
I
,J
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY ADMINISTRATOR'S OFFICE
DATE: April 1, 1993
TO: Mayor and Common Council
FROM: Fred Wilson, Assistant City Administrator
SUBJECT: Appeal of Clark Hahne Relative to Weed/Debris Assessment-
continued from March 8, 1993 Council Meeting.
COPIES: Manuel P. Moreno, Jr. , Director of Public Services; Al
Boughey, Director of Planning and Building
------------------------------------------------------------------
On March 8, 1993 Clark Hahne appealed the proposed assessment made
by the Board of Building Commissioners relative to the abatement of
weeds and debris from property located on Mt. Vernon Avenue,
between 15th and Evans Street. The proposed amount of the
assessment $3 , 541. 76. ($653 . 35 labor, $75 administrative fee,
$228 . 67 equipment and $2 , 584 . 74 dump fees. )
After some discussion, this issue was referred to the City
Administrator to investigate and bring back a recommendation for
this meeting.
On March 24, 1993 I met with Mr. Hahne to discuss the issue. It
was Mr. Hahne's position that he should pay no more than $700. 00 to
clean up his property. He came up with this figure apparently
based on a quote he received from his contractor to clean up his
property on or about September 23 , 1992 .
I reviewed the backup which was provided by the Public Services
Department in an effort to reconcile the difference in the amount
which was billed by Public Services and Mr. Hahne's quote. In the
case of the Public Services Department, each of the solid waste
(tipping) receipts was attached and was marked as originating from
the parcel in question. In addition, the labor and material costs
were also noted both in terms of actual man-hours expended at the
site and the equipment usage charges. The information was
corroborated by the Weed Abatement Coordinator - Denise Wilder.
Mr. Hahne, on the other hand, produced a letter which was not dated
from Bud Davis Backhoe, which proposed only that on September 28,
1992 he would clean up the subject parcel for an estimated cost not
to exceed $700. 00.
Mr. Hahne also questioned the notices which were sent regarding the
10-day notification to clean his property. Denise Wilder developed
the attached chronology of events which delineates the dates and
sequence of events leading up to the abatement. It is important to
note that this abatement occurred as a result of a special notice
which was sent in August 1992 - not as a result of the regular fall
notices which are routinely sent by the department.
With respect to fencing of the property, Mr. Hahne indicated that
he has obtained proposals to install chain link fencing for the
portion of the property fronting on Mt. Vernon. The Development
Code however does not permit chain link fencing and, as such, Mr.
Hahne would be unable to secure the necessary permits. This matter
was discussed the Director of Planning and Building Services who
indicated that the department would be supportive of a development
code amendment to permit chain link fencing on vacant parcels which
have experienced dumping and/or have been subject to a city
initiated clean up as recommended by the Director of Public
Services. If the Council concurs with this recommendation,
Planning staff will initiate the development code amendment.
Mr. Hahne's bottom line position was that he not pay more than
$700. 00. He was not willing to consider any other alternative.
Based on the above information, I recommend that the recommendation
of the Director of Public Services to deny the appeal and to assess
t )noed costs, be upheld.
re Wilson
Assistant City Administrator
FW/lp
The Department received numerous complaints regarding dumping and
rodents entering their property from the property located on Mt
Vernon between 15th and Evans (parcel 143-102-23) .
1. August 24 , 1992 a 10-Day "Notice to Clean Premises" and a
letter was mailed to Mr. Clark Hahne, PO Box 315, Lake
Arrowhead, CA 92353 (as listed with the County) .
2 . A few days after the notice was sent, Louise from Mr. Hahne's
office called and spoke to Mike Mena regarding property. She
confirmed she knew where the property was and was told to have
the property cleaned and a berm placed on the Mt Vernon Avenue
side of the property.
3 . September 5, 1992 property was inspected for compliance,
property owner failed to comply.
4 . September 7 , 1992 a work order was sent to city crews to abate
Mr. Hahne's property.
5 . City crews started abatement on September 14, 1992 .
6 . Crews were pulled off to assist with paving.
7 . September 23 , 1992 crews went back to the property to complete
the abatement.
8 . I received a telephone call from Mr. Hahne complaining that we
had abated his property prior to the deadline of the Fall
notice which was sent to all property owners (automatic Fall
notices) . I then explained to Mr. Hahne that his property was
cleaned by city crews because he failed to comply to the
notice which was mailed August 24 , 1992 .
Mr. Hahne never denied that he received a notice in August,
only that he was going to act upon the notice from September.
9 . Mr. Hahne contacted Ray Salvador upset that his property was
abated prior to the deadline. Ray contacted this department
questioning the abatement being done prior to the deadline and
a memo was submitted to Ray explaining that the abatement was
for major dumping and the notification in August.
10. Evidently Ray did not follow up on this with Mr. Hahne, since
he wrote another letter to Ray.
11. Mr. Hahne's protest was to be heard by the Board of Building
Commissioners on November 6, 1992 . The Board continued Mr.
Hahne's protest till the December 4th hearing.
12 . Mr. Hahne was informed of the postponement. I had made a
typegraphical error in the mailing address to Mr. Hahne of
this postponement, but he received the letter and informed me
that he would attend the December hearing.
Mr. Hahne's contractor placed a berm after the abatement. To this
day people still have access and are dumping.
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY ADMINISTRATOR'S OFFICE
DATE: April 1, 1993
TO: Mayor and Common Council
FROM: Fred Wilson, Assistant City Administrator
SUBJECT: Appeal of Clark Hahne Relative to Weed/Debris Assessment-
continued from March 8, 1993 Council Meeting.
COPIES: Manuel P. Moreno, Jr. , Director of Public Services; Al
Boughey, Director of Planning and Building
------------------------------------------------------------------
On March 8 , 1993 Clark Hahne appealed the proposed assessment made
by the Board of Building Commissioners relative to the abatement of
weeds and debris from property located on Mt. Vernon Avenue,
between 15th and Evans Street. The proposed amount of the
assessment $3 , 541. 76. ($653 . 35 labor, $75 administrative fee,
$228 . 67 equipment and $2 , 584 . 74 dump fees. )
After some discussion, this issue was referred to the City
Administrator to investigate and bring back a recommendation for
this meeting.
On March 24 , 1993 I met with Mr. Hahne to discuss the issue. It
was Mr. Hahne's position that he should pay no more than $700. 00 to
clean up his property. He came up with this figure apparently
based on a quote he received from his contractor to clean up his
property on or about September 23 , 1992 .
I reviewed the backup which was provided by the Public Services
Department in an effort to reconcile the difference in the amount
which was billed by Public Services and Mr. Hahne's quote. In the
case of the Public Services Department, each of the solid waste
(tipping) receipts was attached and was marked as originating from
the parcel in question. In addition, the labor and material costs
were also noted both in terms of actual man-hours expended at the
site and the equipment usage charges. The information was
corroborated by the Weed Abatement Coordinator - Denise Wilder.
Mr. Hahne, on the other hand, produced a letter which was not dated
from Bud Davis Backhoe, which proposed only that on September 28,
1992 he would clean up the subject parcel for an estimated cost not
to exceed $700. 00 .
Mr. Hahne also questioned the notices which were sent regarding the
10-day notification to clean his property. Denise Wilder developed
lip 3 /
the attached chronology of events which delineates the dates and
sequence of events leading up to the abatement. It is important to
note that this abatement occurred as a result of a special notice
which was sent in August 1992 - not as a result of the regular fall
notices which are routinely sent by the department.
With respect to fencing of the property, Mr. Hahne indicated that
he has obtained proposals to install chain link fencing for the
portion of the property fronting on Mt. Vernon. The Development
Code however does not permit chain link fencing and, as such, Mr.
Hahne would be unable to secure the necessary permits. This matter
was discussed the Director of Planning and Building Services who
indicated that the department would be supportive of a development
code amendment to permit chain link fencing on vacant parcels which
have experienced dumping and/or have been subject to a city
initiated clean up as recommended by the Director of Public
Services. If the Council concurs with this recommendation,
Planning staff will initiate the development code amendment.
Mr. Hahne's bottom line position was that he not pay more than
$700. 00. He was not willing to consider any other alternative.
Based on the above information, I recommend that the recommendation
of the Director of Public Services to deny the appeal and to assess
t no d costs, be upheld.
re Wilson
Assistant City Administrator
FW/lp
The Department received numerous complaints regarding dumping and
rodents entering their property from the property located on Mt
Vernon between 15th and Evans (parcel 143-102-23) .
1. August 24 , 1992 a 10-Day "Notice to Clean Premises" and a
letter was mailed to Mr. Clark Hahne, PO Box 315, Lake
Arrowhead, CA 92353 (as listed with the County) .
2 . A few days after the notice was sent, Louise from Mr. Hahne's
office called and spoke to Mike Mena regarding property. She
confirmed she knew where the property was and was told to have
the property cleaned and a berm placed on the Mt Vernon Avenue
side of the property.
3 . September 5, 1992 property was inspected for compliance,
property owner failed to comply.
4 . September 7 , 1992 a work order was sent to city crews to abate
Mr. Hahne's property.
5 . City crews started abatement on September 14, 1992 .
6 . Crews were pulled off to assist with paving.
7 . September 23 , 1992 crews went back to the property to complete
the abatement.
8 . I received a telephone call from Mr. Hahne complaining that we
had abated his property prior to the deadline of the Fall
notice which was sent to all property owners (automatic Fall
notices) . I then explained to Mr. Hahne that his property was
cleaned by city crews because he failed to comply to the
notice which was mailed August 24 , 1992 .
Mr. Hahne never denied that he received a notice in August,
only that he was going to act upon the notice from September.
9 . Mr. Hahne contacted Ray Salvador upset that his property was
abated prior to the deadline. Ray contacted this department
questioning the abatement being done prior to the deadline and
a memo was submitted to Ray explaining that the abatement was
for major dumping and the notification in August.
10. Evidently Ray did not follow up on this with Mr. Hahne, since
he wrote another letter to Ray.
11 . Mr. Hahne' s protest was to be heard by the Board of Building
Commissioners on November 6, 1992 . The Board continued Mr.
Hahne' s protest till the December 4th hearing.
12 . Mr. Hahne was informed of the postponement. I had made a
typegraphical error in the mailing address to Mr. Hahne of
this postponement, but he received the letter and informed me
that he would attend the December hearing.
Mr. Hahne's contractor placed a berm after the abatement. To this
day people still have access and are dumping.