HomeMy WebLinkAbout18- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director Subject: Appeal of BBC Order No.3302
Regarding Property Located
Dept: Planning and Building Services at 1239-1241 1/2 W. Rialto.
Date: August 20, 1996
CIV 40. ., r.!
MCC P A TF• SPntemher 1, 1996
Synopsis of Previous Council Action: None
Recommended Motion: That the Mayor and Common Council uphold Order No. 3302 of the Board of Building
Commissioners and deny the appeal.
Mina
Contact person: Al Boughey Phone: 5357
Supporting data attached: Staff Report Ward: 3rd
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Previously
Council Notes:-
—t
Agenda Item No. _
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
BACKGROUND
On December 20, 1995 an inspection of the subject property was conducted in conjunction with
the Rental Housing Inspection Program. The inspection revealed numerous code violations and
a Notice and Order (Attachment D) was issued to the owner on January 29, 1996. The property
owner, Mr. Paul Mastropaolo, subsequently appealed the Notice and Order to the Board of
Building Commissioners. On April 4, 1996 the Board heard the appeal and found that the
violations (excluding items 12E, 12F, and 12H) as listed in the Notice of Hearing (Attachment
C) existed on the property and that the property constituted a public nuisance. The Board upheld
the action of the Building Official, denied the appeal, and issued Order No. 3302 (Attachment
B) requiring the owner to abate the nuisance. The owner has appealed this action.
ANALYSIS OF APPEAL
The Appeal requests that four items be deleted from the Notice and Order dated January 29,
1996, specifically items 7, 813, 10A, 14.
Item 7
Inspections reveal that approximately 3 to 4 inches or approximately 6 to 8 layers of
roofing material exists on the structure. The Uniform Building Code, Appendix Section
1517.2 provides that "not more than two overlays of asphalt shingles shall be applied over
an existing shingle roof', for a maximum of three layers. The last permit issued for a
reroof of the structure was in 1958. Since that time additional layers have been added
without permits and inspection, and without complying with the provisions of the code.
The additional layers provide unnecessary weight and stress on this older structure, whose
integrity is already questionable. Noticeable deflection, exceeding the code limitation of
1/180th is apparent.
Item 8B
The owner is appealing an interpretation of the San Bernardino Development Code,
Section 19.04.050, made by Planning Division Staff regarding the replacement of wood
siding with like material. Since this is an appeal of the Development Code, the appeal
must be made to the Planning Commission in accordance with SBDC 19.52.090.
Item 1 O
This item referred to the fact that the water heater installation was not in conformance
with code requirements. The water heater was relocated from the interior of the unit
without permit or inspection as required by UPC 503 and 504. The owner has since
obtained a permit and final inspection for this item.
Item 14
The Uniform Code for the Abatement of Dangerous Buildings, Sections 302.12 and
302.18 provide that a building which has become so dilapidated or deteriorated as to
become an attractive nuisance, or which has been abandoned in excess of 6 months is a
dangerous building and must be abated by repair or demolition. City records indicate that
this building has been abandoned since late 1988 following a fire. The owner obtained
a permit in December, 1988 to rehabilitate the structure, but later abandoned the work.
The structure has been vacant, in a state of disrepair, and a blighting influence on the
neighborhood for the past seven years.
Actions Sought By Appellant:
The owner requests that he be given a time extension of twelve months to complete the
items.
Response
The owner has had the past seven years to voluntarily rehabilitate this property. Since
our inspection in December 1995, the owner has been given legal notification by the
Department and ample time to comply. The notification included a stop work order for
work in progress without permits, a Notice and Order and various meetings. A review
of the applicable codes, property history, and reinspection reveal that the violations stated
are correct and the time schedule is ample for the work involved.
STAFF RECOMMENDATION
A. That the Mayor and Common Council uphold Order No. 3302 of the Board of Building
Commissioners and deny the appeal.
Attachments:
A: Notice of Appeal
B: BBC Order No. 3302
C: Notice of Hearing & Appeal
D: Notice and Order
r ATTACHMENT "A"
-----------------------------------------FOR OFFICE USE ONLY --------------------------------------- ,
Departments Receiving Date/Time Stamp:
Copies:
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Original to: City Clerk's o = -,-
Office Admin. Operations
Payment Information:
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Last Updated: 8/22/95 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.
Complete All Information
Appellant Name
& Address: Paul Mastropaolo
P.O. Box 1613 Huntington Beach, CA 92647
Contact Person
& Address: Paul Mastropaolo
P.O. Box 1613 Huntington Beach, CA 92647
.Contact Person Phone
Number: Day: (714) 842-1022 Evening: (7i4) 842-1022
Affected Property
Address & APN # 1239, 1241 , 12418 V. Rialto Avenue, San Bernardino, CA
APN # 137-022-04
Typg 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) x Other/Explain:Appeal BBC (No Charge)
Vehicle Abatement ($75.00) Other/Explain: decision of (No Charge)
(continue next page) 4 April 1996 to Mayor and
Common Council.
'00�
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SSMC 2.64):
1. The specific action appealed, and date of that action: Notice and order for sub-
standard conditions at 1239, 1241 , 12412 W, Rialto Ave, San Bernardino.
issued by Geoffrey R. West, Housing Inspector on January 24 1996, cony attached.
Z,f(0
2. The specific grounds of appeal: Page 2, 7; Page 1":The city or Planning
Department has no authority or legal historical society or register to force
wood siding replacement with clapboard instead of UBC approved T 1-11 siding.
Page 3, 10.A; Page 3, 14'. r },
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3. The actions(s) sought from the legislative body: Give time extension of twelve
months to complete the items; owner is also working on items on adjoining
parcel containing three rental units.
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4. Any additional information:
Signature of Appellant:
7y f Date:
CITY OF-SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT NO 687969
Date 19� ACCOUNT NO. AMOUNT
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Received From I
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ATTACHMENT it
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
2
ORDER NO. 3302 CASE NO. RH96-0045
3
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 1239, 1241, 1241% W. Rialto Ave. , San
7 Bernardino, California, with a "Notice and Order" and has notified
8 the person (s) having an interest in said property that the said
9 building or premises is in violation of San Bernardino Municipal
10 Code and constitutes a public nuisance;
11 WHEREAS, pursuant to San Bernardino Municipal Code, the
12 Building Official has served a "Notice of Hearing" before the
13 Board 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 April 4, 1996, and;
20 WHEREAS, there was an appearance by Mr. Paul Mastropaolo,
21 having an interest in the above property.
22
23
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3302 CASE NO. RH96-0045
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, excluding items 12E,
8 12F, and 12H do in fact exist on the property located at 1239,
_1241, 124112
9 W Rialto Ave. , San Bernardino, California and is
10 being maintained in violation of SBMC, and therefo,re constitutes
11 a public nuisance, and the Board upholds the action of the
12 Building Official and denies the appeal, and;
SECTION 2 - ORDER:
13
14 The Board of Building Commissioners' amended staff' s
15 recommendations . The property owner shall obtain all necessary
16 permits for the rehabilitation of the structure and commence
17 construction within thirty (30) days, and correct all violations,
18 excluding items 12E, 12F, and 12H prior to ' reoccupancy, but no
19 later than ninety (90) days from the date of this order, and; if
20 the property owner elects not to rehabilitate Units 1239-1241 and
21 the detached garage, the property owner shall obtain permits and
22 demolish the structures with thirty (30) days, and; the property
23 owner shall correct all other code violations, including removal
24 of all trash, debris, weeds, tree stumps, and illegal chain link
25 fencing within twenty (20) days, and;
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3302 CASE NO. RH96-0045
2 PAGE 3 OF 3
3 SECTION 3 - AUTHORIZATION TO ABATE:
4 If the property owner fails to comply with the Board' s order
5 within the time limits specified, the City may initiate action to
6 abate the nuisances by any appropriate means, including
7 demolition, and;
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 $975 .40 .
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 rem ord.
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 April 18, 1996 .
21
22
23
24
25
26
27
28
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3302 CASE NO. RH96-0045
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 4th day of
April 1996, by the following vote to wit :
COMMISSIONERS : AYE NAY ABSTAIN ABSENT
Alfred Enciso X
Carol Thrasher
Amado Savala x
Larry R. Quiel
"Joe" V. C. Suarez, Jr. x
Ruben B. Nunez x
Herbert Pollock
Benjamin Gonzales x
Leo Cash, Jr.
Cle oa of Building Commissioners
The foregoing order is hereby approve this 18th day of *APRIL,
1996 .
ChaVnieCh, Board of Building Commissioners
Approved as to form and legal content :
JAMES F. PENMAN, City At orney
BY: lGC c.
s
ATTACHMENT "C"
O�RN 4Rp�';b
p ear C I T Y O F
O
ED t 15an Bernardino
N ,
D E P A R T M E N T OF PLANNING AND BUILDING SERVICES
A L B O U G H E Y , A I C P
D I R E C T O R
Notice of Hearing
Appeal
March 21, 1996
Property Owner: Subject Property: 1239, 1241, & 12411/2 W. Rialto
Mr. Paul Mastropaolo Ave., San Bernardino, CA
P.O. BOX 1613 Assessor's Parcel No.: 137-022-05
Huntington Beach, CA 92647-1613 Case No.: RH96-0045 Inspector: G. West
Dear Property Owner/Interest Holder:
THIS NOTICE is hereby served to you as owner or interest holder of the above referenced
property. An abatement hearing and appeal to the Notice and Order in regards to
outstanding violations of the San Bernardino Municipal Code located upon the above
referenced property has been scheduled for THURSDAY. April 4, 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.
3 0 0 N 0 R T H D S T R E E T . S A N B E R N A R D I N O .
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 /3 0 5 7
Notice of Hearing and Appeal - 1239, 1241, & 12411/2 W. Rialto Avenue
March 21, 1996
Page 2of6
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.
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 January 29, 1996 a Notice and Order was issued and 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 March 1. 1996 a
subsequent inspection revealed that the requested corrections were not completed. The
outstanding violations include the following:
1. Lack of Required Landscaping and Unmaintained Landscaping. Landscape the front
and side yards with shrubs, groundcover, decorative rock, redwood bark, and/or lawn.
Maintain the landscaping by including a regular irrigation plan.
(SBMC 15.24.040 Al & A2).
2. Weeds and Overgrown Vegetation. Maintain the landscaping and remove the weeds
from the planters, perimeter and cross fencing, and yard areas. Mow and edge the lawn
on a regular schedule. Prune all trees and shrubs in an orderly fashion. Remove the
dead tree stump located at the rear of the garage.
(SBMC 15.24.040 A3).
3. Peeling, Cracking, and Weathered Paint. The walls, eaves, rafter tails, and wood trim
of Units 1241, 12411/2, and the corrugated metal garage requires painting.
(SBMC 15.24.040 A7).
4. Accumulation of Trash and Debris in Yards. Remove all the trash, debris, and dog
feces that has accumulated in the yards of Units 1241 and 12411/2.
(SBMC 15.24.040 A4).
Notice of Hearing and Appeal - 1239, 1241, & 12411/2 W. Rialto Avenue
March 21, 1996
Page 3 of 6
5. General Dilapidation and Improper Maintenance.
(SBMC 15.04.020, UBC 3402).
A. Repair the dilapidated garage, doors, and walls to provide a safe and secure
parking structure to accommodate the off street parking needs for the tenants
living in your rental units.
B. In an approved manner, repair/replace all missing or damaged window screens,
under floor vent screens, and crawl space screens on Units 1239, 1241, and
1241'/2.
6. Faulty Weather Protection. Replace the leaking and dilapidated corrugated metal
garage roof and corrugated metal siding with an approved roofing and siding material
approved by the Planning Department. Permits must be obtained to reroof.
(SBMC 15.04.020, UBC 3402).
7. Graffiti on Structures or Other Improvements. Remove all graffiti from the garage
structure, and two story front house. (SBMC 15.24.040 A9).
S. Substandard Plumbing. [SBMC 15.04.020, UHC 1001 (f)].
A. Unsanitary Plumbing - The kitchen sink may not be used to discharge clothes
washer. Supply the washing machine in Unit 1241'/2 with an approved trap and
drain system if it is desired to continue using the washing machine in it's present
location. [SBMC 15.04.020, UHC 1001(f)].
B. Substandard Water Heater Installation: Must be elevated 18" above floor, require
earthquake strap, etc.
C. Gas line installation (to water heater in garage) is substandard -provide adequate
strapping and support at 8 foot intervals. Provide shut-off at entrance to garage.
(UPC 1211.8 and 1211.9)
9. Substandard Electrical. [SBMC 15.04.020, UHC 1001(e)].
A. Repair/replace all inoperable electrical switches and receptacles in Unit 12411/2.
B. Where existing non-grounded receptacles have been replaced, GFCI receptacles
are required for any receptacle within 6' from kitchen, bathroom, laundry, other
sink receptors, or where a grounding conductor means cannot be provided. (UAC
102, NEC 210-7, and 210-8).
Notice of Hearing and Appeal - 1239, 1241, & 12411/2 W. Rialto Avenue
March 21, 1996
Page 4 of 6
C. The electrical service drop on unit 1241 Rialto must be at least 3 feet from a
window opening. (NEC 230-9).
10. Inadequate Emergency Egress From Sleeping Rooms. Security Bars on emergency
escape windows in the bedrooms of Unit 1241'/2 must be openable from the inside by
means of approved release mechanisms which do not require a key, or any special
knowledge or effort to operate (applies to one approved window per bedroom). Obtain
approval from the Fire Department for release mechanisms and obtain building permits
and inspection. (SBMC 15.04.020, UHC 801, and UBC 310.4).
11. Inoperable and Missing Smoke Detectors. Smoke detectors must be installed in
hallways which provide access to sleeping rooms and bedrooms. Unit 1241'/2 must be
provided with the required smoke detectors.
(SBMC 15.04.020, UBC Appendix 3411).
12. Construction Without Required Permits and Inspections.
[SBMC 15.04.020, UAC 301(a) and 305].
The following work has been performed without required permits or inspections:
A. The rear house known as Unit 1241'/2 has had its water supply lines repiped with
copper tubing, and its gas lines repiped with rigid galvanized in a substandard
manner, without required permits and inspections.
B. Chain link fencing requires permits. The chain link fencing in the yard areas was
installed without permits and approvals. This front yard area has been installed
without required top rail and is 5 feet in height. Remove the unpermitted chain
link fence in the front setback of the yard.
C. Extensive substandard wood siding alterations have been seen on the exterior of
Units 1239, 1241 and 1241'/2. All siding alterations shall be done in a
professional manner with like materials, and with necessary building permits and
inspections. The wood siding alterations have also eliminated required under
floor ventilation by permanently removing under floor ventilation openings.
D. The roof on 1241'/2 has excessive layers of roofing material installed without the
required permits and inspections. The excessive layers of roofing material are
hazardous and causing serious roof deflection and the possibility of roof collapse
due to excessive weight overloading of the component members of the roof.
Notice of Hearing and Appeal - 1239, 1241, & 12411/2W. Rialto Avenue
March 21, 1996
Page 5 of 6
E. The bathroom window at the west side of 1241'/2 has been altered in size and
replaced with an aluminum window without required approval, permits and
inspections.
F. Areas of the subfloor have been rebuilt with new floor joist and plywood floor
sheathing without permits and inspections.
G. The under floor areas shall be provided with required access openings that are
unobstructed by pipes, ducts, and similar construction. The recently installed
unpermitted galvanized gas piping has been installed in a location that interferes
with the under floor access of the house subfloor area.
H. The rear of the corrugated steel detached garage at the north west end has an
addition that was built without required permits and inspections.
13. Dangerous Building-Attractive Nuisance-Public Nuisance. Abandoned and/or
unsecured structure which constitutes an attractive nuisance to children, or a harbor for
vagrants or criminal activity. The building must be secured. On a temporary basis,
the building may be boarded to FHA standards. The owner must obtain all necessary
permits and rehabilitate the structure, or demolish the same within 6 months. Failure to
rehabilitate or demolish within 6 months will result in action by the City to abate the
abandoned building as a public nuisance. Unit 1241 has been fire damaged, in a state
of partial construction, and abandoned since 1988.
[SBMC 15.28.010, UCADB 302 (et. seq.)].
14. Deteriorated or Defective Structural Elements. [SBMC 15.04.020, UHC 1001(c)2-9].
Unit 1239-1241 W. Rialto Avenue
A. The structural members including walls, roof, floor, beams, columns, and
footings are not of sufficient strength or stability or anchored to be capable of
resisting a wind pressure of one-half of that specified in the 1994 UBC without
exceeding the working stresses permitted in said code.
B. The building has wracked, warped , buckled and settled, to an extent the walls
and other structural portions have materially less resistance to winds or
earthquakes than is required in the case of similar new construction.
C. The building is deteriorating, decaying, has faulty construction, and is likely to
partially or completely collapse.
Notice of Hearing and Appeal - 1239, 1241, & 12411/2W. Rialto Avenue
March 21, 1996
Page 6 of 6
D. The garage has deteriorated and decayed and has structural damage and is likely
to partially or completely collapse.
These buildings are an attractive nuisance and a hazard to the public. Refurbish/repair
or demolish these buildings.
15. Infestation of Insects and decay.
[SBMC 15.04.020, UHC 1001(b)12, UBC 2317.3].
A. Under floor clearance. Earth has been piled up in various locations in the under
floor space. Remove piles to provide clearance between earth and wood
structural members.
B. Dryrot and/or infestation is located at the exterior walls eaves and rafter tails of
Unit 1241, and 1241'/2. Obtain a professional exterminator and termite report
outlining the damaged structural and nonstructural members in Units 1241, and
1241'/2. Obtain permits and make the necessary repairs in the aforementioned
units.
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.
Attached is a copy of the staff report explaining staff's position in regards to your appeal. 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:
Geoff o ' g A9ji6cfor
Attachment: Statement of Costs; BBC Background Report (Staff Report)
cc: City Clerk
G. Lee, Account Clerk
Property Owner/Lien holders
File: 000402
Revised Statement of Costs
Rental Housing
Case Number: RH96-0045 Date: March 1, 1996
Subject Property: 1241 & 1241'/2 W. Rialto Avenue, San Bernardino, CA
Parcel Number: 137-022-05
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 15 $ 677.40
City Clerk Costs $ 22.00
Attorney Costs $ 40.00
Photographs 57 Photos $ 30.50
Title Search $ 25.00
Certified Mailing $2.75 each x 2 $ 5.50
Notice of Pendency $ 125.00
Hearing Cost $ 50.00
SUBTOTAL $ 975.40
CONTRACTOR COSTS
Contractor: $
40% Administrative Costs $
SUBTOTAL
Previous costs incurred: Contact City Clerk for
previous fees incurred $ _______
Abatement Date: N/A
TOTAL AMOUNT DUE $ 975.40 ——
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:
Insp �z
1,,110elIN Supervisor
0�>it14ARD� ATTACHMENT "D"
C I T Y O F
O 'A
O
�= an Bernardino
�D 7D 1.
DEPARTMENT OF PLANNING AND BUILDING SERVICES
A L B O U G H E Y , A I C P
D I R E C T O R
Notice and Order
January 29, 1996
Mr. Paul Mastropaolo
P.O. Box 1613
Huntington Beach, CA 92647-1613
Subject Property: 1241 and 1241'/2 W. Rialto Ave APN: 137-022-04
Dear Property Owner/Interest Holder:
An inspection of the above referenced property in accordance with the San Bernardino Municipal
Code, Section 15.25.040, was conducted on December 20, 1995 and January 5, 1996 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. Lack of Required Landscaping, and Unmaintained Landscaping. Reseed the lawn
areas, landscape the front, and common yards with plants, rock, bark or other traditional
landscaping methods. Water these greenbelts with a regular irrigation schedule.
(SBMC 15.24.040A1).
2. Weeds and Overgrown Vegetation. Remove all the weeds, overgrown vegetation, from
the front, rear, and side yards (units 1241 & 1241 '/z) on a regular maintenance schedule.
Remove all the dead tree stumps on the 1241 & 1243 property to a point below the
surface. (SBMC 15.24.040A3).
3. Peeling, Cracking, and Weathered Paint. The walls, eaves, rafter tails, and wood trim
of dwelling 1241, 1241'/2, and the detached garage requires painting.
(SBMC 15.24.040A7).
3 0 0 N 0 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 ) 9 5 4 . 5 0 7 1 1 3 0 5 7
00
Notice and Order - 1241 & 12411h W. Rialto Avenue
January 29, 1996
Page 2 of 5
4. Accumulation of Trash and Debris in Yards. Remove all the trash and debris that has
accumulated in the yards of 1241 and 1241'/2. (SBMC 15.24.040A4).
5. Vehicle(s) Parked on Unimproved Surface. All vehicles must be parked on asphalt or
concrete paving. (SBMC 15.24.040A5).
6. Damaged Driveway, Fences. Install an asphalt or concrete driveway in an approved
location that will serve the off street parking needs of the tenants. The rehabilitation of
the common rear parking garage will satisfy the offstreet parking problem. Tenants that
do not wish to use the provided garage or approved offstreet parking areas must park on
the street. (SBMC 15.24.040 A7 & A8).
7.* Faulty Weather Protection. The roof on dwelling 1241'/2 must be replaced due to
excessive layers without building permits or inspections. The excessive layers of roofing
material are causing unnecessary roof deflection due to overloading of the component
members. (SBMC 15.04.020, UHC 1001(h)).
8.* General Dilapidation and Improper Maintenance.
(SBMC 15.04.020, UHC 1001(b)13).
A.* Repair the dilapidated garage roof, make all the garage doors operable and safe
to accommodate the tenants off street parking needs.
B.* Repair the portions of dilapidated siding on 1241'/2 with an approved replacement
as prescribed/authorized by the Planning Department that is consistent with the
neighborhood. This replacement includes the siding at the footing (skirt area), and
where the east wall was altered for plumbing alterations on 12411/2 .
This requirement is enforced by the City to retain the historical nature of these
houses and architectural harmony in the neighborhood. When permits were
pulled to repair this area it was our understanding that the old siding and ceiling
materials were going to be used for replacement purposes.
C.* Repair the hole in the exterior siding at the west side of 1241'/2.
D. Repair/replace all missing or damaged window and vent screens.
9. Graffiti on Structures or Other Improvements. Remove all graffiti on a regular basis.
(SBMC 15.24.040A9).
Notice and Order - 1241 & 12411/2W. Rialto Avenue
January 29, 1996
Page 3 of 5
10.* Substandard and Hazardous Plumbing. (SBMC 15.04.020, UHC 1001(f)).
A.* Reinstall the water heater to the inside of 1241'/2 or move it to an approved water
heater enclosure attached to the east wall. This includes the installation of
"approved," gate valves, seismic strapping, insulation, temperature and pressure
valve and drain lines, hand operable gas shut off valves, and venting to be done
with all required permits and inspections.
B.* Supply the washing machine with an approved trap and drain.
11.* Substandard and Hazardous Electrical Wiring. (SBMC 15.04.020, UHC 1001(e)).
A. Repair/ replace all inoperable electrical switches and receptacles in an approved
manner in 1241'/2.
B. GFCI receptacles are required for any receptacle within 6' from kitchen,
bathroom, laundry, or other sink receptors.
12.* Inadequate Emergency Egress From Sleeping Rooms. Security Bars on emergency
escape windows in the bedrooms must be openable from the inside by means of approved
release mechanisms which do not require a key, or any special knowledge or effort to
operate (applies to one approved window per bedroom). Obtain approval from the Fire
Department for release mechanisms and obtain building permits and inspection.
(SBMC 15.04.020, UHC 801, and UBC 310.4).
13. Inoperable and Missing Smoke Detectors. Smoke detectors must be installed in
hallways which provide access to sleeping rooms and bedrooms. Dwelling 12411/2 must
be provided with the required smoke detectors.
(SBMC 15.04.020, UBC Appendix 3411).
14.* Dangerous Building-Attractive Nuisance. Abandoned and/or unsecured structure which
constitutes an attractive nuisance to children, or a harbor for vagrants or criminal
activity. The building must be secured. On a temporary basis, the building may be
boarded to FHA standards. The owner must obtain all necessary permits and rehabilitate
the structure, or demolish the same within 6 months. Failure to rehabilitate or demolish
within 6 months will result in action by the City to abate the abandoned building as a
public nuisance. (SBMC 15.28.010, UCADB 302.12 and 302.18).
The dwelling known as 1241 W. Rialto Avenue has been and known to have been
boarded up for over 6 months and must be repaired or demolished immediately.
Notice and Order - 1241 & 12411/2W. Rialto Avenue
January 29, 1996
Page 4 of 5
Other
You are re wired to register all your rental Droperties located i 1-Lhe_City of San
Bernardino with the Business Re istration Section of the City Clerk's Office!
The above listed violations must be corrected within by March 1. 1996. 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.
...Proof of ownership and identification, or a contractor's license is required to obtain permits.
Notice and Order - 1241 & 12411/2W. Rialto Avenue
January 29, 1996
Page 5 of 5
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.
Sincere
XG R.
u sing Ins c or
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)
�� ✓•d S 123 -) ! ��1 ��L " " CrA 1iu STf%Ati ►rot� �/
70�rd
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Appeal to the Mayor and Council Members
Mayor Tom Minor
Councilman' �'. rT��v�� -First Ward el
Councilman Frederick J. Curlin, M.D.-Second Ward
Councilwoman Rita C. Arias-Third Ward
Councilman David Oberhelman-Fourth Ward
Councilman Jerry M. Devlin-Fifth Ward
Councilwoman Betty Dean Anderson-Sixth Ward
Councilwoman Norine Miller-Seventh Ward
By Paul Mastropaolo on September 16, 1996 regarding BBC Orders 3302 and 3303.
Statement of the Problem: capricious application of State and Municipal Laws
resulting in depriving me of my civil rights.
1. Please turn to Exhibit 1 on the first exhibit page. This is a photocopy of the
State Law. It says, 'Buildings in existence at the time of the adoption of this code
may have their existing use or occupancy continued, if such use or occupancy
was legal at the time of the adoption of this code, provided such continued use is
not dangerous to life."
My buildings were legally constructed and are not dangerous to life. I request
that my buildings be allowed to remain in existence as built and as State Law
provides.
2. Please see Exhibit 2 below. This is a photocopy of the State Law. It says, "All
devices or safeguards which are required by this code shall be maintained in
conformance with the code edition under which installed."
My buildings were built from 1900 to 1925 and I request that I be allowed to
maintain all devices and safeguards in my buildings according to the 1900-1925
codes as State Law provides.
3. Please see Exhibit 3 below. This is a photocopy of the State Law. It says,
"Additions, alterations or repairs may be made to any building or structure
without requiring the existing building or structure to comply with all the
requirements of this code, provided the addition, alteration or repair conform to
that required for a new building or structure."
As State Law provides, I request that when I make a repair to one of my buildings
that I am not forced to bring the entire building a@,� i4l��E When I
have asked a building inspector to sign off a repai °yqiqi@@Yf fQd���
something else unrelated, then something else u related, then something else
unrelated is brought up to current code. I reques�
violation of State Law. re Agenda Item
City ClerkICOC Sect
City of San Bernardino
Paul Mastrropaolo Appeal to Mayor and Council September 16, 1996 2
4. Please turn to Exhibit 4 on the next page. This is a photocopy of the State Law.
It says that standard original materials and methods may be used for repairs.
I request the right to make my repairs with standard original methods and
materials as provided by State Law.
5. Please turn to Exhibit 5 on the next page. This is a photocopy of the Historic
Resources Reconnaissance Survey of the City of San Bernardino as
commissioned by the City.
5.1. Please turn to Exhibit 5.1 on the next page. This is a photocopy of the Survey
that describes the boundaries of the historic zone called, "Santa Fe Railroad
Workers Overlay Zone." The completion of the definition is on the following
page.
My buildings are in the historical Santa Fe Railroad Workers Overlay Zone and
are therefore historical buildings.
5.2a. Please turn to Exhibit 5.2a on the next page. This is a photocopy of the
inventory for two of my properties (highlighted).
5.2b. Please turn to Exhibit 5.2b on the next page. This is a photocopy of the
inventory for another of my properties (highlighted).
5.3a. Please turn to Exhibit 5.3a on the next page. This is a photocopy of the
photographic inventory for two of my properties (highlighted).
5.3b. Please turn to Exhibit 5.3b on the next page. This is a photocopy of the
photographic inventory for another of my properties (highlighted).
5.4. Please turn to Exhibit 5.4 on the next page. This is a photocopy of the State
Law. It says that city inventories and historic districts qualify buildings as
historic.
My properties are historic because they are on the official City inventory and are
in an historic City district.
6. Please turn to Exhibit 6 on the next page. This is a photocopy of the San
Bernardino Municipal Code, Chapter 15.37, Historic Building Demolition
Ordinance.
6.1. Please turn to Exhibit 6.1 on the next page. This is a photocopy of the
qualification for the ordinance, which is any building 50 years old or older.
Paul Mastrropaolo Appeal to Mayor and Council September 16, 1996 i
6.2. Please turn to Exhibit 6.2 on the next page. This is a photocopy of the State
Law which defines an historic building by any local historical designation
resulting in restrictions on demolitions.
My buildings are more than 50 years old, are restricted on demolitions and
therefore are historic buildings according to State Law. I request that my
buildings be recognized as historic buildings by the Department of Planning and
Building Services.
7. Please turn to Exhibit 7 on the next page. This is a photocopy of the State Law,
as interpreted by the courts, stating that the Historical Building Code is in the
pattern of laws that encourage voluntary preservation of historical property but
may not be used by a city to compel historical preservation.
I request that the Planning and Building Department stop all compulsory actions
to force me to historically preserve my properties.
In Summary:
My buildings were legally constructed and are not dangerous to life.
I request that my appeal be granted and as State Law allows
(1) that my buildings be allowed to remain in existence as built,
(2) that applicable codes are those at the time of construction,
(3) that my buildings be recognized as historic buildings, and
(4) that my repairs may be original materials or current code, at my option.
If these requests are granted then the building inspectors shall be in
compliance with State Laws, my civil rights shall be restored, endless
unnecessary repairs shall cease to drain time and resources and necessary repairs
shall be completed expeditiously.
Thank you for considering this appeal.
Attachments: Exhibits 1 through 7.
1994 UNIFORM BUUANt3 CODE 3401-3403.2
j Chapter 34
EXISTING STRUCTURES
SECTION 3401 —GENERAL
Buildings in existence at the time of the adoption of this code may have their existing use or occu-
pancy continued,if such use or occupancy was legal at the time of the adoption of this code,pro-
vided such continued use is not dangerous to life.
Any change in the use or occupancy of any existing building or structure shall comply with the
provisions of Sections 109 and 3405 of this code.
For existing buildings,see Appendix Chapter 34.See also Section 101.3.
For a comprehensive code and guidelines on the treatment of existing buildings, see Uniform
Code for Building Conservation.
SECTION 3402—MAINTENANCE
All buildings and structures,both existing and new,and all parts thereof,shall be maintained in a
safe and sanitary condition.All devices or safeguards which are required by this code shall be main-
tained in conformance with the code edition under which installed.The owner or the owner's desig-
nated agent shall be responsible for the maintenance of buildings and structures. To determine
compliance with this subsection,the building official may cause a structure to be reinspected.
SECTION 3403—ADDITIONS,ALTERATIONS OR REPAIRS
3403.1 General. Buildings and structures to which additions,alterations or repairs are made shall
comply with all the requirements of this code for new facilities except as specifically provided in
this section.See Section 310.9 for provisions requiring installation of smoke detectors in existing
Group R,Division 3 Occupancies.
3403.2 When Allowed. Additions,alterations or repairs may be made to an building or structure_
without requiring the existinp�building or structure to comply with all the requirements of this c ,
provided the addition,alteration or repair conforms to that required for a new building or structure.
Additions or alterations shall not be made to an existing building or structure which will cause the
existing building or structure to be in violation of any of the provisions of this code nor shall such
additions or alterations cause the existing building or structure to become unsafe.An unsafe condi-
tion shall be deemed to have been created if an addition or alteration will cause the existing building
or structure to become structurally unsafe or overloaded;will not provide adequate egress in com-
pliance with the provisions of this code or will obstruct existing exits;will create a fire hazard;will
reduce required fire resistance or will otherwise create conditions dangerous to human life.Any
building so altered,which involves a change in use or occupancy,shall not exceed the height,num-
ber of stories and area permitted for new buildings.Any building plus new additions shall not ex-
ceed the height,number of stories and area specified for new buildings.
Additions or alterations shall not be made to an existing building or structure when such existing
building or structure is not in full compliance with the provisions of this code except when such
addition or alteration will result in the existing building or structure being no more hazardous based
on life safety,firesafety and sanitation,than before such additions or alterations are undertaken.
(See also Section 307.11.3 for Group H,Division 6 Occupancies.)
EXCEPTION:Alterations of existing structural elements,or additions of new structural elements,which
++�+� are not required by Section 3401 and which are initiated for the purpose of increasing the lateral-force-resisting
strength or stiffness of an existing structure need not be designed for forces conforming to these regulations
provided that an engineering analysis is submitted to show that:
• 1-386
APRIL 30,1906
M +
APPLICATION AND SCOPE § 17958.9
Pt. 1.5
This section provided that the department ments as those adopted pursuant to§ 17922
of housing and community development and that any modifications or changes such
would serve as a depository of the findings local entities wished to make could be made
made by a city or county relating to only after express finding was placed in
changes or modifications in requirements public record that such modification was
contained in regulations adopted by the de- needed, was not thereby excluded from op-
partment, and it did not require or permit eration of§ 17958 et seq. under theory of
the department to exercise additional func- ex ressio unius eat excludio alterius since
tions such as review or interpretation of the fur protection district, while local and au-
tonomous,65 Ops.Atty.Gen. 157, 4-12-72. tonomous,was entity of county and entirely
t. County fire protection districts within its borders and thus comprised with-
County fine protection district,which was in definition of county contemplated by
not mentioned along with cities and coun- § 17958 et seq. Danville Fire-Protect'ion kr.
ties in § 17958 et seq. requiring every city Dist. of Contra Costa County v. Duffel FT
and county to adopt ordinances or regula- nancial & Cont. Co. (1976) 129 Ca1.Rptr.
tions imposing identical fire safety require 882, 58 C.A.3d 241.
c
f.
§ 17958.8. Alterations and repairs; original materials and methods
Local ordinances or regulations governing alterations and repair of
existing buildings shall permit the replacement, retention, and extension
of original materials and the use of original methods of construction as
long as the hotel, lodginghouse, motel, apartment house, or dwelling, or
portions thereof, or building and structure accessory thereto, complies
With the provisions published in the State Building Standards Code and
the other rules and regulations of the department or alternative local '
standards adopted pursuant to Section 17920.7 and does not become or
continue to be a substandard building. �.
(Added by Stats.1974, c. 1268, p. 2752, § 6. Amended by Stats.1979, c. 1152, p.
4271, § 81; Stats.1983, c. 101, § 153.)
Historical Note
The 1979 amendment 'me rted, preceding shall,after July 1, 1975, permit the replace- P
"rules and regulation", the words "prove ment"; and substituted "department" for
sions published in the State Building Stan. "commission".
dards Code and the other".
The 1988 amendment deleted the date 1�
provision in the phrase "existing building '
Administrative Code References 1
Required ordinances or regulations, ace 25 Ca1.Adm.Code 6. '
Library References
Municipal Corporation 0*601.1.
C.J.S. Municipal Corporations §§ 224,
225.
§ 17958.9. Moving of apartment houses and dwellings; local ordi-
nances and regulations
Local ordinances or regulations governing the moving of apartment
houses and dwellings shall, after July 1, 1978, permit the retention of
405
HISTORIC RESOURCES RECONNAISSANCE SURVEY
SAN BERNARDINO, CALIFORNIA
PREPARED FOR THE
CITY OF SAN BERNARDINO
1 DEPARTMENT OF PLANNING AND BUILDING SERVICES
{ 300 N. "D" STREET
SAN BERNARDINO, CA 92418-0001
PREPARED BY
ARCHITECT MILFORD WAYNE DONALDSON, A.I.A., INC.
846 FIFTH AVE., SUITE 300
SAN DIEGO, CA 92116
(619) 239-7888
April 30, 1991
—CITY OF SAN BERNARDINO•Dept. of Planning & Building Services
HISTORIC RESOURCES RECONNAISSANCE SURVEY REPORT . Volume 1
April 30, 1991
Page 20 of 27
6. Establishment of Historic Overt_ _
wCna cones
The areas recommended as g g
are: potential)y eligible for desi nation as Historic Overlay Zones
a• Historic San Bernardino Overlay Zone. The central City area as platted
by the Mormon survey dated July 20, 1856, this zone extends from Sierra
Way, to the west on "I" Street, and from Rialto Avenue to 10th Street.
This zone includes the earliest downtown area of the City, and the highest
concentration of the City's oldest potential historic homes and historic
sites. It contains the area at 3rd and Court Streets, where the County
Courthouse and Meadowbrook Park are located today. This area
represents the region of longest continuous habitation in the City,
including Native Americans in the early 19th Century, the Lugo family in
the 1840s, and the Mormon immigrant colony from 1851 through 1857.
Early in this century the City's Chinese neighborhood occupied a portion
of this zone, along 2nd Street between Arrowhead and Mountain View
Avenues. Portions of the zone, along North "D" Street and Arrowhead
Avenue, contain significant Queen Anne and Craftsman Style homes of
the 19th and early 20th Centuries.
This area is potentially eligible for designation as a historic overlay zone
at the local level, based on the historic significance of its boundaries, the
potential historic resources contained therein, and the continued activity
of development within the area as the City's primary center.
b• Historic Business Overlay Zone. Lying within the previously described
zone, this zone is located between North "D" and "F" Streets, and
between 2nd and 5th Streets. The few remaining historic structures in
this zone are exemplary of the dense, urban commercial center
developed in the City during the 1880s, through the 1930s. Some of the
more significant buildings extant in this busy downtown area are the
Harris Department Store, the Andreson Office Building and the Woolworth
Department Store. All of these buildings are located on the west side of
North "E" Street. Other existing potential historic resources within this
zone are the Ritz Theater and the Platt Building both constructed in the
1920s on the east side of North "E" Street between 3rd and 4th Streets.
Several other potential historic buildings still present in the downtown
area have been significantly altered architecturally. These buildings
should be considered for rehabilitation to maintain the historical context
of the older business community of San Bernardino. Most of the
commercial buildings and related structures built in this area early in the
20th Century were demolished in the 1960s during programs of urban
renewal.
The exemplary buildings cited above may be individually eligible for
nomination to the National Register.
C. Santa Fe Railroad Workers Overlay Zone. Located immediately so
of the rail yards generally from 2nd Street to Congress Street, and from
"I" Street to Pico Street, and generally on both sides of Mt. Vernon from
Architect Milford Wayne Donaldson,AIA, Inc. 846 Fifth Avenue, Suite 3o0•San Die o C r
9 A 92101•(619}239-7888
j April 30, 1991
iing & Building Services CITY OF SAN IREOCONNtAIISSANCE SURVEY REPORT • Volume 1
Page 21 of 27
HISTORIC RESOURCES
Congress Street to Mill between to this 00 area consists and the 19206 land r originally
iginally dential
( t neighborhood developed
occupied by Santa Fe Railroad workers and their families. Most of the
in the
homes in this neighborhood are small,wood frame fe side ces b ill ins its
California Bungalow and Neoclassic Cottage Sty S
cohesive character as an exemplar of working class neighborhoods e of
single family homes,19th Century ban tenement neighborhoods of the East.
over the olds intent or by
Although some homes in the zone have been altered by
deterioration, a large proportion of the homes retains its architectural
integrity.
This zone has been proposed in response to its significance in the context
of industry and the turn of of suburban srylerresidences for work rig class
responsible for the creation sense of
families. The present residents of this zone maintain a strong "
place," along with a positive identification with the neighborhood.
ill require
Successful development of ordinances for ithis zoingg process
the positive involvement of th e
contains architectural exemplars of
d Old Route 66 Corridor. Westbound c on 5th Street,connecting to Foothill
Boulevard, this linear corridor proposed zone
the automobile court motels elsand automotive service businesses that once
includes moth
underscored San Bernardino's sobriquet of CityaW e of
the buildings remaining along this g ateway
constructed in the 19306 and 1940s.
A particularly unusual and important element of this "automobile culture"
Motel, still serving as an overnight rest stop for
zone is the Wig Warn
motorists. The individual g uest units of this motel are constructed of
concrete in the form of Indian teepees. Rote Originally one e of San veral such
motels built through the Southwest along a in California (the other
example is the only remaining structure of its Constructions of this type,
survivor is a Wig Warn Motel in Arizona).
identified in the Reconnaissance Survey Report as the Roadside Folk
l historians as legitimate
architectural Style, are now recognized by
commercial examples of an American folk culture p henomenon of the
three decades following World War Other well known examples include
the Brown Derby Restaurant, formerly Hollywood
Despite losses to the continruitye f San Beith rdin con ext o66 City as
the interest of specific existing
rtant regional crossroads center recommended the zone or
an impo
overlay status. The above-mentioned W'resentn potential eligibility for
examples in the zone, additionally p along Route
nomination to the National Register. The western 9nro the City of San
66 is an important design consideration for entry
Bernardino.
e. North San Bernardino overlay Zone Located
Twenty-ninth Street land faom North h"Ef
West Highland Avenue to West
Street to North Mountain View Avenue, this area consists of a middle
Ilford Wa ne Donaldson, AIA, Inc. 846 Fifth Avenue, Suite 300•San Diego, CA •(619)239-7888
92101
Architect M Y
oil
lz `l000
PARCEL NO. NUMBER i STREET ARCBITECTuRAL STYLE DATE MATERIAL RECORD Nn
0137-021-20 1266 W BELLEVIEW ST CALIFORNIA BUNGALOW 1920 WOOD 145-30
0137-021-21 1274 W BELLEVIEW ST QUEEN ANNE 01905 WOOD 145-28
0137-021-24 120 S GIOVANOLA AVE WARTIME TRACT C1940 STUCCO 210-12
0137-021-24 124 S GIOVANOLA AVE CALIFORNIA BUNGALOW C1905 CONCRETE 210-11
0137-021-25 139 S MT VERNON AVE CALIFORNIA BUNGALOW C1915 WOOD 136-18
0137-022-01 133 S GIOVANOLA AVE CALIFORNIA BUNGALOW C1920 WOOD 210-10
0137-022-02 129 S GIOVANOLA AVE CRAFTSMAN BUNGALOW C1900 WOOD 210-13
0137-022-03 121 S GIOVANOLA AVE WARTIME TRACT C1940 STUCCO 210-15
0137-022-04 103,105 9 GIOVANOLA AVE
CALIFORNIA BUNGALOW C1925 WOOD 210-14
0137-022-04 1243 W RIALTO AVE
CALIFORNIA BUNGALOW C1915 WOOD 153-11
• 0137-022-08 1211 W RIALTO AVE
NEOCLASSIC COTTAGE C1915 WOOD 153-4
0137-022-09 1207 W RIALTO AVE
NEOCLASSIC COTTAGE C1905 WOOD 153-2
0137-022-10 128 8 EUREKA AVE
CALIFORNIA BUNGALOW 1910 WOOD 206-3
0137-022-11 138 S EUREKA AVE
NEOCLASSIC COTTAGE C1905 WOOD 206-2
0137-022-15 1220 W BfiLLEVIEW ST
CALIFORNIA BUNGALOW 1920 WOOD 146-6
0137-022-17 1232 w BELLEVIEW ST
CALIFORNIA BUNGALOW C1920 WOOD 146-3
0137-022-18 1238 W HELLEVIEW 8T CRAFTSMAN C1920 WOOD 145-36
0137-022-19 1219 W RIALTO AVE
CALIFORNIA BUNGALOW C1920 WOOD 153-6
0137-022-19 1223 W RIALTO AVE
CALIFORNIA BUNGALOW C1920 WOOD 153-7
• 0137-022-19 1227 W RIALTO AVE
CALIFORNIA BUNGALOW 1922 WOOD 153-8
0137-031-01 149 S EUREKA AVE
CALIFORNIA BUNGALOW C1915 WOOD 205-36
0137-031-02 139 8 EUREKA AVE
NEOCLASSIC COTTAGE 1905 WOOD 205-37
0137-031-03 121 8 EUREKA AVE
CALIFORNIA BUNGALOW/WARTIME C1940 WOOD 206-4
TRACT
0137-031-05 1232 W MILL ST
TUDOR REVIVAL C1920 STUCCO 202-34
0137-031-06 1185,1187 W RIALTO AVE
MMAN C1905 WOOD 166-36
01377031-07 1179 W RIALTO AVE CRAFTSMAN/ALTERED C1905 STUCCO 210-16
0137-031-08 1175 W RIALTO AVE
NEOCLASSIC COTTAGE 1905 WOOD 152-33
0137-031-09 1169 W RIALTO AVE
NEOCLASSIC COTTAGE C1910 WOOD 152-32
L
0137-031-10 130 8 ' n 8T
r CALIFORNIA BUNGALOW 1910 WOOD 211-3
L n 8T
r CALIFORNIA BUNGALOW C1915 WOOD 211-4
0137-031-11 136,138 8 r
0137-031-12 140 8 rr L" 8T CALIFORNIA BUNGALOW 1913 WOOD 211-5
L
0137-031-12 142 8 r o 8T CALIFORNIA BUNGALOW C1920 WOOD 206-10
r
L
0137-031-12 150 8 n rr 8T CALIFORNIA BUNGALOW C1915 WOOD 211-7
20
PARCEL NO. NUMBER i STREET ARCHITECTURAL STYLE DATE MATERIAL RECORD NO.
0136-471-01 * NATIONAL ORANGE SHOW COMMERCIAL STYLE/INDUSTRIAL C1911 OTHER 135-27
FAIRGROUNDS, 689 8 moo ST STYLE/ALTERED
0137-011-01 1447 W RIALTO AVE CALIFORNIA BUNGALOW C1930 WOOD 140-25
0137-012-18 128 S MT VERNON AVE QUEEN ANNE C1900 WOOD 136-22
0137-012-18 136 S MT VERNON AVE QUEEN ANNE C1900 WOOD 136-21
0137-012-19 142 S MT VERNON AVE QUEEN ANNE C1900 WOOD 136-19
0137-012-20 148 S MT VERNON AVE CALIFORNIA BUNGALOW C1915 WOOD 136-17
0137-012-21 1324 W BELLEVIEW ST CALIFORNIA BUNGALOW C1930 WOOD 145-24
0137-012-26 1353 W BELLEVIEW ST NEOCLASSIC COTTAGE C1915 WOOD 145-25
0137-012-30 1329 W BELLEVIEW ST VERNACULAR 01879 WOOD 145-26
0137-012-31 1323 W BELLEVIEW ST MISSION REVIVAL C1935 STUCCO 145-27
0137-012-32 158 S MT VERNON AVE COLONIAL REVIVAL C1915 WOOD 136=16
0137-012-33 166 S MT VERNON AVE COMMERCIAL STYLE/ALTERED C1930 BRICK 136-15
0137-012-34 172 S MT VERNON AVE CALIFORNIA BUNGALOW C1920 WOOD 136-14
0137-012-38 1324 W CONGRESS ST NEOCLASSIC COTTAGE C1910 WOOD 149-27
0137-012-39 1330 W CONGRESS ST CALIFORNIA BUNGALOW C1910 WOOD 149-28
0137-012-40 1336 W CONGRESS ST NEOCLASSIC COTTAGE/ALTERED C1910 WOOD 149-31
0137-012-41 1342 W CONGRESS ST NEOCLASSIC COTTAGE C1910 WOOD 149-32
0137-012-42 1348 W CONGRESS ST CALIFORNIA BUNGALOW C1915 WOOD 149-33
0137-012-43 1354 W CONGRESS ST NEOCLASSIC COTTAGE C1915 WOOD 149-34
0137-012-44 1358 W CONGRESS ST CALIFORNIA BUNGALOW C1915 WOOD 149-35
0137-012-45 1360 W CONGRESS ST VERNACULAR C1920 WOOD 149-36
0137-012-54 1335 W RIALTO AVE COMMERCIAL STYLE/ALTERED C1930 STUCCO 140-16
0137-021-02 153 S MT VERNON AVE NEOCLASSIC COTTAGE 1915 WOOD 210-30
0137-021-05 129 S MT VERNON AVE QUEEN ANNE C1900 WOOD 136-20
0137-021-06 123 S MT VERNON AVE NEOCLASSIC COTTAGE C1900 WOOD 136-23
0137-021-07 117 S MT VERNON AVE CALIFORNIA BUNGALOW C1910 WOOD 136-24
1$ob 0137-021-08 1241 W RIALTO AVE QUEEN ANNE C1900 WOOD 153-9
0137-021-09 1271 W RIALTO AVE CALIFORNIA BUNGALOW C1915 WOOD 153-17
0137-021-10 1261 W RIALTO AVE NEOCLASSIC COTTAGE C1905 WOOD 153-16
• 0137-021-11 1259 W RIALTO AVE CALIFORNIA BUNGALOW 01900 WOOD 153-15
• 0137-021-12 1253 W RIALTO AVE CALIFORNIA BUNGALOW 1905 WOOD 153-14
0137-021-17 154,156 S GIO'VANOLA AVE CALIFORNIA BUNGALOW 1910 WOOD 210-9
0137-021-18 1246 W BELLEVIEW ST QUEEN ANNE^WMCULAR C1900 WOOD 145-35
19
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210
a /�
§ 18954 HOUSING
Div. 13
Historical and Statutory Notes
Section 8 of Stats.1984, c. 1314, provides: Section 2 of Stats.1990, c. 625 (S.B.2775)
"Sections 1 to 7, inclusive, of this act shall purported to repeal § 18954 as last amended
become operative July 1, 1985." by Stats.1981, c. 598, § 2. It appears that the
Amendment of this section by Stats.1984, c. intent was to delete the temporary provision of
1314, § 1, was a temporary provision and, by the section, thereby leaving the text of the
its own terms, was to be repealed on Jan. 1, section, as amended by Stats.1990, c. 625, § 1,
1991, at which time the text of this section as in full force and effect.
amended by Stats.1981, c. 598, § 2, was again
to become operative.
Cross References
City building regulations and ordinances, see Government Code, §§ 38601, 38660.
§ 18955. Qualified historical building or structure
For the purposes of this part, a qualified historical building or structure is
any structure, collection of structures, and their associated sites deemed of
importance to the history, architecture, or culture of an area by an appropri
ate local or state governmentalLurisdiction. This shall include structures on
existing or future national, state or local historical registers or official
i inventories, such as the National Register of Historic Places, State Historical
Landmarks, State Points of Historical Interest, and city or county registers or
inventories of historical or architecturally significant sites, places, historic
districts icts, or landmarks.
(Added by Stats.1975, c. 906, p. 2006, § 1. Amended by Stats.1977, c. 707, p. 2267, § 2,
eff. Sept. 8, 1977.)
§ 18956. Application of Government Code, Public Resources Code, and '
other statutes and regulations
The application of the provisions of Part 5.5 (commencing with Section
19955) of Division 13 of this code, Chapter 7 (commencing with Section 4450)
6T Di vision 5 of Title 1 of the Government Code, Division 15 (commencing
c'p..r�NL
with Section 25000) of the Public Resources Code, and of any other statute or
regulation, as they may apply to qualified historical buildings or structures,
shall be governed by this part.
(Added by Stats.1975, c. 906, p. 2006, § 1. Amended by Stats.1976, c. 192, p. 372, § 1,
eff. May 28, 1976; Stats.1978,c. 555, p. 1729, § 1, eff. Aug. 25, 1978; Stats.1980, c. 676,
p. 1951, § 169.)
§ 18957. Authorized building and fire officials; performance of duties
Nothing in this part shall be construed to prevent authorized building or
fire officials from the performance of their duties when in the process of
protecting the public health, safety, and welfare.
(Added by Stats.1975, c. 906, p. 2006, § 1.)
144
ORDINANC$ NO. MC-850
1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING AND
REPLACING CHAPTER 15. 37 OF THE SAN BERNARDINO MUNICIPAL CODE;
2 ESTABLISHING NEW POLICIES AND PROVISIONS FOR REVIEW OF DEMOLITION
PERMIT APPLICATIONS FOR POTENTIALLY HISTORIC BUILDINGS AND
3 STRUCTURES.
4 The Mayor and Common Council of the City of San Bernardino
do ordain as follows:
5 SECTION 1. Chapter 15.37 of the San Bernardino
6 Municipal Qode is amended to read as follows:
7 "CHAPTER 15. 37
8 HISTORIC BUILDING DEMOLITION ORDINANCE
9 15. 37. 010 Findings and Purpose. The Mayor and Common
10 Council find and declare:
11 A. The City of San Bernardino General Plan, adopted on June
12 2 , 1989, includes an Historical and Archaeological
13 Resources Element which provides a basis for historic
14 preservation in the City of San Bernardino.
15 B. An Historic Preservation Ordinance is required to be
16 completed as part of the development of the Historic
17 Preservation Program. This ordinance will include a
18 section on demolitions.
19 C. Several buildings of historical value have already been
20 demolished, including the Municipal Auditorium, Antlers
21 Hotel, Carnegie Library and Atwood Adobe and many others
22 which were an irreplaceable part of our heritage.
23 D. On December 18, 1989, the Urgency Historic Structure
24 Demolition Ordinance (MC-694) was adopted. MC-694
25 provided for the establishment of the Historic
26 Preservation Task Force and for the review of Demolition
27
28
1
MC-850
1 Chapter, the Task Force shall continue to oversee the Historic
2 Preservation Program and Demolition Permit Applications in an
3 advisory capacity and perform other duties as established by the
4 Mayor and Common Council. This Task Force shall exist until the
5 Mayor and Common Council determine that it is no longer needed.
V�6 15. 37. 035 Demolition Prohibited. No building or structure
fifty (50) years old or older shall be demolished unless a valid
I
8 Demolition Permit has been issued in accordance with this Chapter.
9 15. 37. 040 Dangerous Buildings Exempted. The demolition of
10 any building or structure fifty (50) years old or older shall be
11 exempt from the provisions of this Chapter if findings have been
12 made by the Board of Building Commissioners or the Building
13 official pursuant to other provisions of the Municipal Code
14 declaring that the building or structure is either a public
15 nuisance or a dangerous building. In such instances, a Demolition
16 Permit may be issued in accordance with all other City ordinances
17 and requirements.
18 15. 37. 045 Evaluation Thresholds and Review Requirements.
19 Buildings and structures fifty (50) years old or older proposed for
20 demolition shall be evaluated to determine historical significance.
21 The level of review required shall be determined in accordance with
22 the following thresholds and requirements which are based upon the
23 Historic Resources Reconnaissance survey (Volumes 1-5 and
24 Attachments, April 30, 1991 and all subsequent revisions) :
25 A. A Historic Resource Evaluation Report (Report) shall be
26 required for any resource identified on a modified
27 California Department of Parks and Recreation (DPR) 523 Form
4
§ 5027 PUBLIC RESOURCES CODE PUE41P
except for restoration to preserve or enhance its historical values, without the prior approval of the
Legislature by statute. This section applies to any building or structure transferred from state im I.q
ownership to another public agency after January 1, 1987. i The 1999
(Added by Stata.1987,c. 1868, § 2.8.) final approv
p etleews"to
# 5028. Natural disaster damage; demolition or alteration of structure f 1894 lws.
The 1994
(a) No structure that is listed on the National Register of Historic Places,on the California Register of maintain th'
Historic Places, or on any local public register of historic places, and that has been damaged due to a
natural disaster,including,but not limited to,an earthquake,faro,or flood,may be demolished,destroyed,
or significantly altered, except for restoration to preserve or enhance its historical values, unless the
structure presents an imminent threat to the public of bodily harm or of damage to adjacent property,or record
unless the State Office of Historic Preservation determines,pursuant to subdivision(b),that the structure �0� '
'"'
may be demolished,destroyed, or significantly altered. see
(b) Any local government may apply to the State Office of Historic Preservation for its determination
as to whether a structure meeting the description set forth in subdivision (a) shall be demolished,
destroyed, or significantly altered. That determination shall be based upon the extent of damage to the
structure,the cost of rehabilitating or reconstructing the structure,the structure's historical significance,
and any other factor deemed by the State Office of Historic Preservation to be relevant. In mating that Section
determination, the State Office of Historic Preservation shall consider the recommendation made by a 5038. P
team selected by the State Office of Historic Preservation, composed of three residents with historic 5038.1. A
preservation expertise who reside in the affected county. The determination of the State Office of 5038.2. T
Historic Preservation shall be issued no later than 30 days after the structure was damaged, or 30 days
after the receipt of the application,whichever occurred later.
(Added by Stata.1989-90, lat Ex.Sess., c.3, $ 6, eff. Nov. 7, 1989.)
Historical and Statutory Notes
1989-90 Legislation Mother § 5028, added by Stats.1989--90, 1st Ex.Sess.,
Legislative findings concerning Stats.1989-90, lat Ex. c.4, § 6,relating to similar subject matter,was repealed § 5038. 1
Seas., c. 4, we Historical Note under Health & S.C. by Stata.1990,c. 19,§ 35,eff. March 13, 1990.
§ 50617.7. i (a) It is
unique his
$ 5029. Designation by certified resolution; recordation; contents; index; effect upon title re cultural a`
i restoration
(a) The commission shall,within 90 days after the approval by the director' • 'of the issuance by the Historic P
commission of an historical resources designation for an individual property, submit to the county accordanck
recorder for recordation, and the county recorder shall record, a certified resolution establishing the i (b) The
historical resources designation. For historical resources designations approved prior to March 15, 1993, i significant
the commission may submit for recordation,and the county recorder shall record,a certified resolution of the park's
historical resources designation. into eonsid
(b) Any local agency,or unit thereof,shall,within 90 days of an historical resources designation by the on the par
local agency or unit for an individual property, submit to the county recorder for recordation, and the (Added by
county recorder shall record,a certified resolution establishing the historical resources designation. For
historical resources designations made prior to March 15, 1993, the local agency, or unit thereof, may
submit for recordation,and the county recorder shall record,a certified resolution of historical resources 1885 1e¢
designation. Former§
(c) The resolution shall include the name of the current property owner, the designating entity, the See,now,§
specific historical resources designation, and a legal description of the property.
(d) The recorder shall index the recorded resolutions of the commission or local agency, or unit $ 5038.1.
thereof, listing the respective agency as the "grantor" and the current owner as the "grantee"for that The par
purpose. agreement
(e) For the purpose of this section, the term "historical resources designation" means the California the Count
Register of Historical Resources and any_locat_historical resources designation resulting in restrictiono on develop a
demolitions or alterations. — - - preserve a
park. In
(f) This section shall have no effect on the right,title,or interest in the property identified after March tin
f� g c
15, 1993, which is acquired by a bona fide purchaser for value between the time of designation of the the future
property as a historical resource and time that the designation is recorded unless the purchaser had (Added by
actual knowledge of the designation.
(g) This section shall have no effect upon the title to any property that is subject to this section. $ 5038 2'
(Added by Stats.1992,c.1326(A.B.3037), § 2. Amended by Stats.1993,c.672(A.B.604), § 2; Stats.1994, (a) NotA
c. 146(A.B.3601), § 173.) term of an
Additions or changes Indicated by underline; deletions by asterisks
32
tat
HEALTH AND SAFETY CODE §§
18965 to 18971
SAFETY CODE Editorial Note
local agency. This chapter sball not apply to a construction inspector or plans examiner employed by any
city or county fire department or district providing fire protection services.
ontracted by a coca! (Added by Stats.1986,e-688(A.B.7M 1 1.)
Lion plan review for ; 1897E Lora!agencies; coats and Lea
opted uniform codes
The local agency shall bear the costa of certification,certification renewal,and continuing education,as
mandated by this article. The local agency may impose fees, including, but not limited to, fees for
construction inspection and plan checks,which may be used to cover the coats of compliance with this
article. A local agency's actual coots of compliance with this article may include,but are not limited to,
training and certification courses, certification exam and renewal fees, employee salary during training
and certification courses,and mileage and other reimbursable costs incurred by the employee. The fees
ie responsibility for unposed to cover the costs of compliance with this article shall reflect these actual costs, and are not
ilding department, 1 limited by Chapter 6 of D1vWm 1 of Title 7.
(Added by Stats.1996,C.M(A.B.717X 1 1.)
Part 2.7
t STATE HISTORICAL BUILDING CODE
exempt from the section
obtain one year of 18986 to 18971. Editorial Nate.
obtain certification
local agency. The
uned by the local
.,, Cross References
on Inspector,plans Recousbuctioo,restarsdon,or rebuilding of ssultilamily
us seeft sbatll'be g with this pact, aaa (io►arnment <
Asins employment code I
)y
lit..._a'criteris for 1 18961. Purpose
Notes of Decisions
mere, Or building Preservation 1 , nificant prorties but is not a device by which
authority,or scope cMi or county may compel owner to preserve the histori-
Division 3 of the cal character of the property. Prentiss v. City of South
icing with Section Pasadena (App. 2 Dist. 199x) 18 Cal.Rptr.2d 641, 15
Ent to Chapter 15 Preservation
Historical Building Code IIta pattern of Iawe designed to Cal.A.pp.4th 86,rehearing denied,review denied.
e000msae pevate owners to voamtully preserve hi'to`►-
ii 18966 to 18971. Editorial Note
For sedw=of there numbers,ass Chapter 7,Construction Inspectors,Plana Examiners,and
a minimwn of 46 Building Qfficials, of Past 15 ant&
the code enforce. Part 3
aned by the local MISCELLANEOUS
in relating to the DPW Section
Teed building end 11. Plans and Speclfladlorrs for DwNoperrstrt......................................... 19870
ted by the state.
ing education or
,the local agency Chapter 1.6
that model code.
RADON CERTIFICATION[REPEALED]
Section
19010 to 19086. Repealed.
,eyor,or licensed
building apply to Stata.1995, c. 415 (S.B.1360), � 180.
r aha11 app>)r to a Chapter 1.5 toss repeated 611
31 oyee of a Additions or Chang" Indlcsted by underline; deletions by asterisks
• _ 43
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