HomeMy WebLinkAbout16- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director Subject: Board of Building Commissioners
Appeal on 1804 (1870) State Street
Dept: Planning and Building Services Appellant: Joan and John Mangiello
Date: February 27, 1995
Synopsis of Previous Council Action:
This matter was continued from the Agenda on February 6, 1995. The appellant was scheduled for a hearing
before the Board of Building Commissioners on February 2, 1995 to provide evidence relative to this appeal.
The appellant did not appear at the hearing and has not filed an appeal of the Board's Order No. 2531 issued
on that date.
Recommended Motion:
That the Mayor and Common Council affirm the Board of Building Commissioners Order No. 2531 issued
on February 2, 1995 and previous orders issued: Order No. 1570 dated August 16, 1991; Order No. 1763
dated December 4, 1992; Order No. 2160 dated July 23, 1994.
The property owner shall obtain a demolition permit to demolish the substandard commercial carport and
structures at this location and shall complete all required work within thirty (30) days. Failure to comply will
result in the City obtaining an abatement/inspection warrant to enter and remove the structures. All costs
incurred will be billed to the property owner and if unpaid, will result in a lien against the property.
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Contact person: Al Boughey. Director Phone: 384-5357
Supporting data attached: Background report and Orders issued Ward: 6
FUNDING REQUIREMENTS: Amount:_.-0-
Source:(Acct. No.) 127-412-56102
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
3-6-9b�
BACKGROUND SUMMARY - 1804 (1870) STATE STREET
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The following information is provided as an overview of the events
at the above described location.
This property was annexed into the City of San Bernardino in the
late 19701's and rezoned (RS) . The property has a single family
residence, a large commercial structure previously used for
storage/office space and an oversized carport. Since it's
annexation, no permits or approvals have been obtained for the
continuance of an existing business or the establishment of a new
business.
The Planning & Building Services Department first became aware of
violations at this location on or about February 2, 1991. At the
time of original inspection, the house was found vacant with an
unpermitted business using the office space and storing/repairing
vehicles underneath the commercial carport. The Business License
Division cited the occupant, Mr. Ali Firoz, for operating an ice
cream truck storage yard and an auto repair facility without the
required business permits and planning approvals. Mr. Firoz claimed
he was not operating a business and was using the site for storage
of vehicles only. He agreed to cease his operation and signed a
business license cancellation form on May 20, 1991. (Exhibit B)
The property owner at the time, Eraclio R. Zamarripa, lived in
Montebello California. He was issued a notice of violation via
certified mail on June 7, 1991 for allowing this illegal use.
(Exhibit C) He was ordered to cease all business activity and to
demolish the commercial structures. The commercial vehicles were
removed, however the property owner failed to obtain the necessary
demolition permits. A notice was sent on August 2 , 1991 to all
vested owners on title scheduling this matter for hearing before
the Board of Building Commissioners on August 16, 1991.
(Exhibit D)
The property owner appeared at the hearing and agreed to remove the
tenants but claimed he did not have the necessary funds to demolish
the structures. The Board accepted staffts recommendation and
issued order #1570 requiring the owner to cease operation and
obtain the necessary vermits to demolish the structure within
thirty (30) days. (See Exhibit E) . The property owner removed the
tenants and cleared the property of debris, however never obtained
permits for the demolition.
The Code Compliance Division received a complaint on or about
November 1992 that the property was again being used for auto
repairs. An inspection found a large auto repair business operating
out of the house and both commercial structures. A notice of
violation was sent to all property owners on record on November 19,
1992 scheduling this matter for hearing before the Board of
Building Commissioners on December 4, 1992. (See Exhibit F)
BACKGROUND SUMMARY - 1804 (1870) STATE ST
PAGE -2-
The property owner, Mr. Zamarripa, appeared at the hearing and
stated he was evicting the tenant and again claimed financial
hardship. He requested assistance with funding the demolition.
Staff recommended he contact the Redevelopment Agency or a
conventional lender for funds. The Board accepted staffis
recommendation and issued order #1763 which ordered the owner to
cease commercial operation, remove vehicles and debris and demolish
the commercial structures. (See Exhibit G)
Staff worked with Mr. Zamarripa by allowing several extensions to
remove the tenants, clear the property and obtain financing for the
demolition Mr. Zamarripa obtained demolition permit #92773 on
January 14, 1993 but never started the work.
Another complaint was received on/about July 15, 1993 regarding
health and safety violations at this location. An inspection of the
property on July 15, 1993 found multiple housing violations
including raw sewage, hazardous electrical, broken windows and
doors, excessive accumulation of trash, vehicle parts and vehicle
waste products, inoperable vehicles and an unlicensed business.
On July 20, 1993, the Fire Department responded to a fire at this
location. The house and the debris left on the site suffered
extensive fire damage. (Exhibits H & I) The tenants were issued a
notice to vacate and moved shortly thereafter. The property
owner(s) and all parties on title were mailed a notice of violation
regarding the fire debris and trash left on the site.
After receiving a notice of violation, the lender of record, Ms.
Robinson contacted staff and stated she had taken the property back
through foreclosure. She explained that she resides in Tennessee
and was making arrangements to correct the violations but needed an
extension to complete the demolition. In exchange, she agreed to
clean and secure the property until she was able to make repairs or
sell the property.
The property remained vacant for approximately nine months.
On/about March 1, 1994, Ms. Roberson obtained a pre-inspection
report to identify the violations and necessary corrective action.
She authorized, her tenants, the Mangiello family, to act on her
behalf in obtaining any permits required. Since then, most of the
repairs have been completed and they have moved in, however as of
this date, the rehabilitation permit has not been finaled and no
work has commenced on the demolition of the commercial carport.
(Exhibit M)
On/about June 1994, Ms. Roberson was advised that no permit had
been obtained or work commenced on the demolition of the commercial
carport as agreed. This case was scheduled for hearing before the
Board of Building Commissioners on July 23 , 1994 . (Exhibit R)
BACKGROUND SUMMARY - 1804 (1870) STATE STREET
PAGE -3-
For the third time, the Board heard the evidence presented by staff
and the circumstances which had delayed obtaining compliance. Ms.
Mangiello appeared before the Board to dispute staff's
recommendation and stated she was the owner of record. Staff
presented evidence to show the fire damaged house had been rehabed,
however no title transfer had been recorded showing Ms. Mangiello's
interest in the property.
The Board accepted staff's recommendation and issued Order #2160
which required the owner to demolish the commercial structure
within thirty days. (Exhibit L)
On or about December 9, 1994 a complaint was received from area
residents regarding late night repairs in and around the commercial
buildings. An inspection found the property was again being used in
violation of the SBMC Chapter 19.62 - non conforming structures and
uses. A notice of violation was sent to the property owners of
record scheduling this matter before the Board of Building
Commissioners on February 2, 1995. (Exhibit N)
A title check found Ms. Roberson has not transferred title to the
Mangiello family and still remains as the legal property owner of
record. Ms. Roberson confirmed this at the hearing held February 2,
1995 and advised staff she had a lease agreement with the
Mangiello's regarding this property. Ms. Roberson agreed to meet
with staff to explore funding options available to complete the
demolition. The Mangiello's did not appear at the hearing.
The Board accepted staff's recommendation and ordered the property
owner to obtain demolition permits within ten (10) days and
complete demolition within thirty (30) days.
CONCLUDING STATEMENT
The goal of the city is to promote the public health, safety and
general welfare and to bring structures and uses into conformity
with the goals and policies of the general plan.
The commercial structures on this site have been deemed illegal for
the following reasons:
Their use had been discontinued for a period of 6 months or
more at the time of original inspection, (2/91)
No business has legally established itself in this location
since it's annexation in the city
The area has been rezoned (RS) and commercial uses are not
permitted in this zone
The commercial structures are substandard and cannot be
rehabilitated or retro-fitted for residential use
The commercial structure, if left on the site, will lend
itself to on-going commercial use as previously observed.
STAFF RECOMMENDATION
(1) That the Mayor and Common Council find a nuisance existed at
the time of original inspection and continues to exist.
(2) That the Mayor and Common Council reaffirms previous orders
issued by the Board of Building Commissioners requiring the
property owner(s) to remove the non-conforming commercial
structures at this location. The owner(s) shall obtain a
demolition permit within ten (10) days and shall complete
demolition within thirty (30) days.
August 16, 1991 - order #1570
December 4, 1992 - order #1763
July 23, 1994- order #2160
(3) Upon the owner(s) of record's failure to comply with the
orders previously issued and reaffirmed by the Mayor and
Common Council, the Code Compliance Division shall obtain an
Inspection/Abatement warrant to abate violations noted.
(4) The owner(s) shall incur these direct costs and any additional
abatement cost as a lien upon record, and if not paid, shall
be recorded with the County Tax Assessor as a special
assessment on the property tax rolls.
CITY OF
DEPARTMENT OF PLANNING 1 BUILDING SERVICES
c��n Bernardino CODE COMPLIANCE DIVISION
.:
� • ,• ;.�j , 19091 384-5205
Nina Roberson LOCATION: 1870 (1804) State St.
3552 MCRenzie Cove SAN BERNARDINO, CA
Memphis, TN 38118 ASSESSORS NO: 269-111-17
ORDER NO: 2531
CASE NO: #3910/COMPLAINT: 19485
February 2, 1995 OFFICER: D. NOLFO
Pursuant to action of the Board of Building Commissioners taken on
February 2, 1995, a nuisance was found to exist at 1870 (1804) STATE
ST. Attached hereto, is a copy of the Board of Building
Commissioner's Order, which states the findings of the Board and
any action necessary to abate the public nuisance(s) .
As owner(s) and all vested parties of record you were notified in
your previous Notice of Hearing that the Board's findings may be
appealed to the Mayor and Common Council within fifteen (15) days
of the date of this notice. This appeal must be filed with the
City Clerk's office, 300 North "D" Street, 2nd Floor, San
Bernardino, CA 92418. A fee of $75.00 must accompany your request.
The written appeal should include:
(a) Property location, parcel number and report/project
number;
(b) Specific grounds for appeal; and '
(c) The relief or action sought from the Mayor and Common
Council.
If you have any questions regarding this appeal process, please
contact t e City Clerk's office at 384-5002.
By:
Code compliance Officer
i
cc: 'City Clerk
Al Boughey,Director of Planning and Building Services/Debra L Daniel,Code Compliance Supervisor
300 North'D'Street,San Bernardino,CA 92418
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. 2531 CASE NO. 3910
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 1870 (1804) State St. , San Bernardino, California, with
9 a "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, 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 person(s) having an interest
18 in the above property, and has prepared a declaration of mailing
19 of the notice, a copy of which is on file in these proceedings;
20 and;
21 WHEREAS, a hearing was held to receive and consider all
22 relevant evidence, objections or protests on February 2. 1995,
23 and;
24 WHEREAS, there was an appearance by Nina Roberson, owner, and
25 Eddie Perez, neighbor, having an interest in the above property.
26 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2531 CASE NO. 3910
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 1870 (1804) State St. , San Bernardino, California constituted a
6 public nuisance.
7 SECTION 2 . The Board of Building Commissioners accepted
8 staff's recommendations to reaffirm its previous orders issued;
9 Order #1570 dated August 16, 1991, Order #1763 dated December 4,
10 1992, and Order #2160 dated July 23, 1994. The property owner(s)
11 are hereby directed to comply with the following requirements.
12 The owner(s) shall remove the illegal commercial structures at
13 this location. The owners) shall obtain a demolition permit
14 within ten (10) days and shall complete demolition within thirty
15 (30) days. The property shall meet all applicable codes adopted
16 by the City of San Bernardino.
17 SECTION 3. It was determined that the City was required to
18 initiate abatement proceedings upon which the City incurred costs
19 in the amount of $_0_. These costs and future related abatement
20 costs shall be the personal obligation of the owner(s) and shall
21 be placed as a lien on the above property.
22 SECTION 4 . Upon the owner(s) of record failure to comply
23 with the order of the Board of Building Commissioners, the Code
24 Compliance Division shall proceed to initiate abatement action by
obtaining an Inspection/Abatement warrant to abate violations
2V
26 noted.
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1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2531 CASE NO. 3910
2 PAGE 3
3 SECTION 5. Any person aggrieved by this order, may appeal to
4 the Mayor and Common Council by filing a written statement with
5 the City Clerk. The statement must include the order appeal, the
6 specific grounds of your appeal, and the relief or action sought.
7 This appeal must be received within fifteen (15) days from the
S date of this notice dated February 2. 1995.
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BOARD OF BUILDING CONXISSIONERS
ORDER NO. 2531 CASE NO. 3910
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 = day of February 1995,
by the following vote, to wit:
COMKISSIONERS: ABSTAIN ABSENT
Alfred Enciso X
Carol Thrasher 7�
Amado Savala x
Larry R. Quiel x
"Joe" V. C. Suarez, Jr. X
Ruben B. Nunez X
Herbert Pollock k
Benjamin Gonzales
Leo Cash, Jr.
Clgrk, Board
The foregoing of Buildi g Commissioners
order is hereby a pp y roverd this 2nd day of February,
1995.
Chairmciri, Board of Buil-ding Commissioners
Approved as to form and legal content:
James F. Pe n, City At orney
a
By:
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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director Subject: 1804 (-1870) State Street
Appeal of BBC Action
Dept: Planning & Building Services
Date: January 30, 1995 MCC Date: February 6, 1995
Synopsis of Previous Council Action: None
.D91F . ^F !rFj
JAN 9!) 8 ,- 31
Recommended Motion: That the Mayor and Common Council grant a continuance of this case to March 6, 1995
to allow sufficient time to include the Board's findings in the background package that
is being presented before the BBC on February 2, 1995.
Al Boughey i nature
Contact person: Al Boughey Phone: (9091 384-520
Supporting data attached: Staff Report Ward:
FUNDING REQUIREMENTS: Amount:
Source:(Account No.):
Account Description:
Finance:
Council Notes:
{ — Agenda Item No.
d a-� -9s
City of San Bernardino
Department of Planning and Building Services
Staff Report
1804 (1870) State Street: Appeal of BBC action
Staff respectfully requests continuance of this case being presented for a hearing before the
Board of Building Commissioners on Thursday, February 2, 1995. A continuance would
allow sufficient time to include the Board's findings in the background package to be
presented before the Mayor and Common Council on March 6, 1995.