HomeMy WebLinkAbout14- Planning & Building Services CI Y Y. 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.
August 20
Date: 1996
,
MCC 1)ATF• Qentemher 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.
1
ig
Contact person: Al Boughey Phone: 5357
Supporting data attached: Staff Report Ward: 3rd
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
q� fiq
Agenda Item No. �y
Continued to e)
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 10A
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
ATTACHMENT "A"
- ` -----------------------------------------FOR OFFICE USE ONLY --------------------—-------------—
Depfirtments Receiving Date/Time Stamp:
Copies:
F.R R
90 AT 13 P 2 30
Original to: City Clerk's o
Office Admin. Operations
Payment Information:
G�DED tN �
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, OA 92647
.Contact Person Phone
Number: Day: (714) 842-1022 Evening: (7i4) 842-1022
Affected Property .:
Address & APN # 1239, 1241 , 1241* W. Rialto Avenue, San Bernardino, CA
APN # 137-022-04
Tvve 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 (575.00) X Other/Explain:Aippeal BBC (No Charge)
Vehicle Abatement ($75.00) Other/Explain: decision 6f (No Charge)
(continue next page) 4 April 1996 to Mayor and
Common Council.
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, 12419 1241'-' W, Rialto Ave, San Bernardino.
issued by Geoffrey R. West, Housing Inspector on January 24 1996, cony attached.
21ri f3
2. The specific grounds of appeal: Page 2, 7; Page :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.
to '��r^ No-F:ct a..a� Qrdlw ;�trv�L Qa9C 2� 7� PaSc
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4. Any additional information:
Signature of Appellant:
f � Date:
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ATTACHMENT
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, 12411/ 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
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s
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 :
SECTION 1 - FINDINGS :
5
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,
9 _1.241, 12411/ W. Rialto Ave..., San Bernardino, California and is
10 being maintained in violation of SBMC, and therefore 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
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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 jj75 .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 record.
14 SECTION 5 - RIGHT TO APPEAL:
15 Any person aggrieved by this order, may appeal to the Mayor and
16 Common Council by filing a written statement with the City Clerk.
17 The statement must include the order number appealed, the specific
18 grounds of the appeal, and the relief or action sought . This
19 written appeal must be received within fifteen (15) days from the
20 date of this notice dated April 18, 1996 .
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a
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 X
"Joe" V. C. Suarez, Jr. x
Ruben B. Nunez
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 .
Cha' n, Board of Building Commissioners
Approved as to form and legal content :
JAMES F. PENMAN, City At orney
BY:
s
ATTACHMENT "C"
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p ear C I T Y O F
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�o an bernardino
D E P A R T M E N T OF PLANNING AND BUILDING SERVICES
A L B 0 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 O R T H 0 S T R E E T . S A N 8 E R N A R D I N G ,
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4.507113087
Notice of Hearing and Appeal - 1239, 1241, & 12411/2W. Rialto Avenue
March 21, 1996
Page 2 of 6
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, 124116, 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 124116.
(SBMC 15.24.040 A4).
J
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).
8. 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 1/2 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 1241'6. 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 124116 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.
I
Notice of Hearing and Appeal - 1239, 1241, & 12411/2 W. 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.
7
Notice of Hearing and Appeal - 1239, 1241, & 12411/2 W. 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 r , o g Wcfor
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 $-21.00
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:
IP o Supervisor
e
NAR p�'k'J ATTACHMENT "D"
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C I T Y O F
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5an Bernardino
'�!►F U 1'•'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'/7 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 1h) 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, 12411/2, and the detached garage requires painting.
(SBMC 15.24.040A7).
3 0 0 N O R T H 0 ' 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 • ) 784 . 5 0 7 1 /3 0 8 7
1
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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/ .
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).
7
00J.
Notice and Order - 1241 & 12411/2 W. 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 12411/2 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 124116.
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 operable 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 & 12411/2 W. Rialto Avenue
January 29, 1996
Page 4 of 5
Other
You are reauired to register all your rental properties located in the City of San
Bernardino with the Business Registration 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.
w Notice and Order - 1241 & 12411/2 W. Rialto Avenue
January 29, 1996
Page 5of5
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
G 4R�. �ousing
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)
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE: April 8, 1998
TO: All Clients
FROM: City Clerk's Office
RE: SCANNING DOCUMENT PROBLEM NOTICE
---------------------------------------------------------------------------------------------------------------------------------------------------
MAYOR AND COMMON COUNCIL
MEETING DATE: 09/03/1996
ITEM #: #15
RESOLUTION #:
DESCRIPTION: Appeal hearing -Board of Building Commissioners' (BBC) Order#3303 -relative to property located
at 1243 W Rialto Ave and 103-105 S Giovanola St — Paul Mastropaolo
ACTION: Continued to September 16, 1996.
NOTICE OF:
A. Missine Document:
1. Exhibit/Attachment.
2. Public Works/Engineering Bound Contract.
3. Staff Report.
• B. Bad Ouality Original.
• C. Hand Written Original.
D. Ordinance -Legal Advertisement Proof of Publication Bad Ouality.
FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either Deputy City Clerk
Melanie Miller or Administrative Operations Supervisor Sandra Medina at (909) 384-5002.
Rachel Clark
City Clerk
RC:mam
CITY, OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director Subject: Appeal of BBC Order No.3303
Regarding Property Located
Dept: Planning and Building Services at 1243 W. Rialto Ave and S. 103-105
Giovanola St.
Date: August 21, 1996 O I �J�
u
MCC T)ATF,- Reptf-mhf--r 11 1996
Synopsis of Previous Council Action: None
Recommended Motion: That the Mayor and Common Council uphold Order No. 3303 of the Board of Building
Commissioners and deny the appeal.
ature
Contact person: Al Boughev Phone: 5357
Supporting data attached: Staff Report Ward: 3rd
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
gbfi91G
Agenda Item No. /5
Continued to L/ A;
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 property owner, Mr. Paul Mastropaolo on
January 29, 1996. The owner appealed this action to the Board of Building Commissioners. On
April 4, 1996 the Board upheld the action of the Building Official, denied the appeal, and issued
Order No. 3303 requiring the owner to abate the nuisance. The owner has appealed the Boards
action.
ANALYSIS
The appeal requests that various items as outlined in the Notice and Order be deleted . These
items include:
The owner states, "Special circumstances dictate that the chain link fence is absolutely
necessary to protect the real property and the property of the tenants." The owner
requests Item 6-b as listed in the Notice and Order be deleted.
The owner states, "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. The owner requests Item 8-c as listed in the Notice and Order
be deleted.
The owner requests Item 10-f as listed in the Notice and Order be deleted. This item
refers to substandard plumbing (fixture connectors used in lieu of permanent piping), and
incomplete wall construction to access the plumbing at the toilet compartment behind the
tub/shower.
The owner requests Item #13 as listed in the Notice and Order be deleted. This item
refers to non-permitted porch conversions, converted to living area in Units 1243, 103
& 105. The converted space is being used as bedrooms which do not meet minimum
required room size, minimum emergency egress requirements, or minimum light and
ventilation requirements.
The owner requests Item 3 as listed in the Notice and Order be deleted. This item refers
to the need for peeling, cracking, and weathered paint to be corrected at the walls, eaves,
rafter tails, and wood trim of Units 103, 105, and 1243.
The owner requests Item 7 as listed in the Notice and Order be deleted. This item refers
to the need to remove excessive layers of unpermitted roofing causing roof deflection due
to overloading of the component members on Units 103, 105, and 1243.
The owner requests that Item 11, B and C as noted in the Notice and Order relating to
substandard electrical service equipment be deleted.
The owner requests; "Give time extension of six months to all items. Retract Notice of
Violation insofar as it extends to those matters set forth in paragraph 2," (i.e. the
foregoing items).
Since the violations were first discovered in December 1995, the owner has been given legal
notification by the Department and ample time to comply. The notification included the original
Notice and Order, a stop work order for work in progress without permits and not in accordance
with applicable codes, a Notice of Hearing, 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. 3303 of the Board of Building
Commissioners and deny the appeal.
Attachments:
A: Notice of Appeal
B: BBC Order No. 3303
C: Notice of Hearing
D: Notice and Order
� ATTACHMENT "A"
-----------------------------------------FOR OFFICE USE ONLY ----------------------------------------
Departments Receiving Date/Time Stamp:
Copies: C!_EN'r
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Original to: C' r �s
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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: (714) 842-1022
Affected Property APN # 137-022-04
Address & APN ## 1243 W. tialto Avenue, San Bernardino
103, 105 S. Giovanola Avenue, San Bernardino
Type of Appeal - Check One:
Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies:
(*Adjusted Annually)
Planning Commission ($122.00 *) x Board of Building Commissioners (No Charge)
Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Other/Explain: (No Charge)
Vehicle Abatement ($75.00) Other/Explain: (No Charge
�_ (continue next page)
1
1
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64):
1. The specific action appealed, and date of that action: Notice and Order for substandard
conditions at 1243 W. Rialto Avenue and 103, 105 S. Giovanola Avenue,
San Bernardino, issued by Geoffrey R. West, Housing Inspector, on Janu2.ry 29,
1996; copy attached.
2. The specific grounds of appeal: Page 2, 6B: special circumstances dictate
that the chainlink fence is absolutely necessary to protect the real Property
and the property of the tenants. Page 3, 8C: 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 4, 1OF; Page 5, 13; Page 2,3, �/fie 2, 7.
',n- r. 1 S� 1,21 aL� °�. ?)
3. The actions(s) sought from the legislative body: Give time extension of six
all _
months toMitems. IMOPW Retract notice of violation
insofar as it extends to those matters set 'forth on Paragraph 2.
4. Any additional information:
Signature of Appellant:
�� r Date: February 28, 1996
:ITY OF+SAN BERNARDINO
v11SCELLANEOUS CASH RECEIPT 687969 No.
gate 19 _ ACCOUNT NO. AMOUNT
eceived From ,
i
-ie Sum of Dollars Cents
,
04/18/96 oa.
2: :03 PM
�pl1'itOT: $fit : 002
partment Trans. Code SF PA=nt 150.00
TOTAL
,TRH BUTTON: White—Customer.Canary—Cashier;Pink—000artment;Goldenrod—oeot.Numeric Control
s
ATTACHMENT "B"
1 ORDER OF THE BOARD OF BUILDING COMISSIONERS
2 OF THE CITY OF SAN BERNARDINO
ORDER NO. 3303 CASE NO. RH96-0046
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 1243 W. Rialto Ave. and 103-105 S .
7 Giovanola Ave. , San Bernardino, California, with a "Notice and
8 Order" and has notified the person (s) having an interest in said
9 property that the said building or premises is in violation of San
10 Bernardino Municipal 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. 3303 CASE NO. RH96-0046
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 :
SECTION 1 - FINDINGS :
5
6 Based upon the evidence submitted, the Board finds that the
7 violations noted in the Notice of Hearing, excluding items 13I,
8 13J, and 13K, do in fact exist on the property located at 1243 W.
9 Rialto Ave. and 103-105 S. Giovanola Ave. , San Bernardino,
10 California and is being maintained in violation of SBMC, and
therefore constitutes a public nuisance, and the Board upholds the
11
12 actions of the 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 a Special
16 Investigation for all unpermitted construction within seven (7)
17 days, and all necessary permits within twenty (20) days, and
18 correct all violations excluding items 13I , 13J, and 13K, no later
19 than thirty (30) days from the date of this order. A Special
20 Investigation can be obtained by submitting an application and the
21 appropriate fee at the Planning and Building Services Department
22 counter on the 3rd floor of City Hall, located at 300 North "D"
Street .
23
SECTION 3 - AUTHORIZATION TO ABATE:
24
25 If the property owner fails to comply with the Board' s order
26 within the time limits specified, the City may initiate action to
abate the nuisance.
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3303 CASE NO. RH96-0046
2 PAGE 3 OF 3
3 SECTION 4 - CONFIRMATION OF INCURRED COSTS :
4 The Board determined that the City was required to initiate
5 abatement proceedings and incur costs in the amount of j2g9 .90 .
6 These costs and any future additional abatements shall be the
7 personal obligation of the owner and, if unpaid, shall be recorded
8 as a special assessment on the county tax record.
9 SECTION 5 - RIGHT TO APPEAL:
10 Any person aggrieved by this order, may appeal to the Mayor and
11 Common Council by filing a written statement with the City Clerk.
12 The statement must include the order number appealed, the specific
13 grounds of the appeal, and the relief or action sought . This
14 written appeal must be received within fifteen (15) days from the
15 date of this notice dated April 18, 1996 .
16
17
18
19
20
21
22
23
24
25
26
27
28
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3303 CASE NO. RH96-0046
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
Larry R. Quiel
"Joe" V. C. Suarez, Jr. X
Ruben B. Nunez x
Herbert Pollock X
Benjamin Gonzales x
Leo Cash, Jr.
Clerk, Bo d o Buil ing Commissioners
The foregoing order is hereby approved his 18th day of APRIL,
1996 .
Chai an, Board of Building Commissioners
Approved as to form and legal content :
JAMES F. PENMAN, City Attorney
NA ATTACHMENT "C"
C I T Y O F
�' 7p
D I N Bernardino
G��E >,O
D E P A R T M E N T O F P L A N N I N G 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 25, 1996
Property Owner: Subject Property: 1243 W. Rialto Ave. and
Mr. Paul Mastropaolo 103-105 S. Giovanola Ave.
P.O. BOX 1613 San Bernardino, CA
Huntington Beach, CA 92647 Assessor's Parcel No.: 137-022-04
Case No.: RH96-0046 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 O R T H D S T B E E T , S A N 8 E R N A R D I N 0
C A L I F O R N I A 8 2 1 1 8 - 0 0 0 1 (1 0 9) 3 1 4-5 0 7 1 /5 0 b 7
Notice of Hearing and Appeal - 1243 W. Rialto Ave & 103-105 S. Giovanola Ave
March 25, 1996
Page 2 of 7
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 prepared 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. Reseed the lawn
areas, landscape the front, side, and rear yards with plants, rock, bark or other
traditional landscaping methods. Water these greenbelts with a regular irrigation
schedule. Units 103, 105, and 1243. (SBMC 15.24.040 Al & A2).
2. Weeds and Overgrown Vegetation. Remove all the weeds, overgrown vegetation, from
the front, rear, and side yards (from Units 103, 105, and 1243) on a regular maintenance
schedule. Remove the tree stumps from the surrounding ground and foundation areas
at the north wall of 103 Giovanola. (SBMC 15.24.040 A3).
3. Peeling, Cracking, and Weathered Paint. The walls, eaves, rafter tails, and wood trim
of Units 103, 105, and 1243 require painting. (SBMC 15.24.040 A7)
4. Accumulation of Trash and Debris in Yards. Remove all the trash and debris
(including interior furnishings) that has accumulated in the yards of Units 103, 105, and
1243. (SBMC 15.24.040 A4).
5. Vehicle(s) Parked on Unimproved Surface. All vehicles must be parked on asphalt or
concrete paving. Vehicles located at Units 103, 105, and 1243 must not be parked in
unapproved setback areas of the surrounding yards. Vehicles may not be parked in
required setback. (SBMC 15.24.040 A5).
Notice of Hearing a Appeal - 1243 W. Rialto Ave & 1G .05 S. Giovanola Ave
March 25, 1996
Page 3 of 7
6. General Dilapidation and Improper Maintenance.
(SBMC 15.04.020, UHC 1001(b)13).
A.* Repair/replace the dilapidated windows and missing wood sash window locking
mechanisms at Unit 1243.
B. Repair the deteriorated bathtub surround surfaces in Units 103 and 105
Giovanola, which are dilapidated due to improper maintenance.
C. Repair/remove all missing or damaged window screens. Repair subfloor vent
screens at all three of these units.
D. Unit 103 and 105 gas meters have broken support brackets and are sagging due
to weight. Have the Gas Company resecure the gas meters.
E.* Repair/replace the broken and dilapidated tile surface and backsplash at the
kitchen sink food preparation surface of Unit 1243. Remove the.2 x 4 that is
being used as a kicker to hold up the kitchen sink and repair the base cabinet in
an approved manner capable of supporting the sink as it was originally intended
to be supported.
7.* Faulty Weather Protection. [SBMC 15.04.020, UHC 1001(h)].
A. Fill and cover the abandoned furnace vent pipe hole in the dining room wall at
Unit 1243.
B.* Repair the holes in the exterior wall at the enclosed porch at the east side of the
kitchen in Unit 103. This porch still has the water heater thimble at the ceiling
and must be closed off and finished in an appropriate manner.
8.* Substandard and Hazardous Plumbing. (SBMC 15.04.020, UHC 1001(f)).
A.* Replace the substandard plumbing (radiator hose being used as a bathroom trap)
at Unit 105.
B.* Provide the washing machine at Unit 103 and Unit 1243 with an approved trap
and drain.
C.* Replace the bathroom water lines at the tub/shower in Unit 1243 with approved
hard piping and replace the access panel next to the toilet at the bathtub. Flexible
connectors must be listed and may not be concealed. Connectors may not be used
in lieu of permanent approved material, but may only be used to connect fixtures
to the water supply system. Provide angle-stop valves ahead of connectors.
D.* Replace the bathtub water spigot in the bathroom of Units 103 and 105 with an
approved spigot.
Notice of Hearing a Appeal - 1243 W. Rialto Ave & 1C .05 S. Giovanola Ave
March 25, 1996
Page 4of7
9.* Substandard and Hazardous Electrical Wiring. (SBMC 15.04.020, UHC 1001(e)).
A. Remove the extension cord wiring being used as permanent wiring' in the
bathroom of Unit 103.
B.* The main electrical panels, and overcurrent protection are substandard,
hazardous, and have unpermitted wiring in Units 1243, 103, and 105. The
electrical service must be upgraded..
C* The service conductors in Units 103, 105, and 1243 are hazardous due to
deteriorated insulation, and substandard due to overhead clearance from the roof.
Install new service masts, weatherheads, and associated equipment for the service
connection.
D.* Remove/relocate the substandard electrical wiring and conduit at the wall of the
rear converted porch at Unit 103.
E.* Non-grounded receptacles that have been replaced in Units 103, 105, and 1243
have an open ground, or reverse polarity. Replace these receptacles with a GFCI
or other approved method.
10.* Deteriorated and Defective Structural Elements.
[SBMC 15.04.020, UHC 1001(c)2-9].
A.* The roof on the front porches of 103-105 Giovanola need repairs to the support
posts, and footings, to correct leaning and settlement. Also install the missing
support posts.
B.* The roof on 103-105 Giovanola, and 1243 Rialto are deflecting due to excessive
layers of roofing that has been installed without permits throughout the years.
The roof structure on Unit 1243 has deflected 2-4 inches, causing the structural
members to approach failure.
C.* The roof on the front porch on Unit 1243 has been altered. Two of the original
four columns were removed and the posts now being used to support the overhead
cantilevered front porch roof structure have been cut too short and shimmed with
wood blocks to make up for the posts that were cut too short. Make the
necessary corrections.
D.* Repair/replace the sagging and dilapidated outlookers that structurally support the
barge rafter at the front gable end of 1243 Rialto.
Notice of Hearing a Appeal - 1243 W. Rialto Ave & 10 _05 S. Giovanola Ave
March 25, 1996
Page 5 of 7
11.* 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. This
pertains to 1243 Rialto, and 103 and 105 Giovanola.
(SBMC 15.04.020, UHC 801, and UBC 310.4).
12. Inoperable and Missing Smoke Detectors. Smoke detectors must be installed in
hallways which provide access to sleeping rooms and bedrooms. Install smoke detectors
in all units. (SBMC 15.04.020, UBC Appendix 3411).
13.* Construction Without Required Permits and Inspections.
[SBMC 15.04.020, UAC 301(a) and 305].
A.* The water heater located in the rear porch of 1243 Rialto has been improperly
installed without required permits and inspections. The water heaters at 103 and
105 Giovanola have been moved and reinstalled without required permits and
inspections. Obtain the required permits and inspections and correetly install the
water heaters in an approved manner.
B.* New 5' and 6' Chain link fencing has recently been installed without permits in
the front rear and side yards. Remove the chain link fencing in the front and side
setback of the yard.
C-* Wood siding alterations to door openings, window openings, and exterior wall
patches as seen on the exterior of 1243 Rialto, 103 and 105 Giovanola, require
building permits and inspections.
This requirement is enforced by the City to retain the historical nature of these
houses and architectural harmony in the neighborhood. When permits were
issued to repair the front porch on 1243 Rialto it was the Department's
understanding that the original siding and ceiling materials that were removed
were going to be reinstalled for replacement purposes.
D.* The roof coverings on 1243 Rialto, 103 and 105 Giovanola have had several
layers of unpermitted roofing material installed. The excessive layers of roofing
material are hazardous and are causing serious roof deflection and the possibility
of roof collapse due to excessive weight overloading of the component members
of the roof. Obtain the necessary permits, remove the multiple layers of old
roofing, and install a new roof covering.
E.* The furnace and venting at unit at 105 has been recently altered and installed
without required permits and inspections. The furnace at 1243 is substandard,
hazardous, and has been moved from it's original location and been reinstalled
without required permits and inspections.
Notice of Hearing a_ . Appeal - 1243 W. Rialto Ave & 16„ t05 S. Giovanola Ave
March 25, 1996
Page 6of7
F.* Several windows have been enclosed and altered on 103 and 105 Giovanola and
1243 W. Rialto. The window alterations require permits and inspections to
prevent substandard construction techniques and materials from being used and
to insure the required light, ventilation, and emergency ingress/egress standards
are met.
G.* The junction box connecting the electric meters of 103-105 Giovanola is
substandard in that it is not an approved weatherproof junction box or overcurrent
protection as required by the NEC. Remove the unpermitted and unprotected NM
cable protruding from the 103-105 main electrical panels at the rear of the
building. Obtain the necessary permits, correct this hazardous condition, and call
for the required inspections.
H.* The converted rear porch areas at the rear of 103 and 105 Giovanola are rear
patios/porches with less than the required room size for a bedroom or habitable
room. Each dwelling unit requires one room of at least 120 square feet, and
other habitable rooms (i.e. bedrooms) of at least 70 square feet, with no
dimension less than 7 feet. The bedroom conversions do not have the required
building permits to be used as habitable living area, or the size to be used as
bedrooms/sleeping rooms.
A Special Investigation must be obtained and completed prior to sumbitting an
application for a building permit for an unpermitted structure. A Special
Investigation can be obtained by submitting an application and the appropriate fee
at the Planning and Building Services Department counter on the 3rd Floor of
City Hall, located at 300 North "D" Street. In lieu of a Special Investigation the
owner may convert the rear porch areas to their original use.
I.* A wood screened rear porch has been converted to living area at the rear of 1243
Rialto, without required permits and inspections. Aluminum windows have been
added to this area and the area is being used as habitable living area in the form
of a laundry area.
J.* PVC water pipe used for the water supply system of 103-105 Giovanola is not
approved. Obtain the necessary permits and correct this substandard condition
with approved plumbing materials and the required inspections.
K.* The concrete foundation wall of 103 Giovanola has been in an area of 6" x 12"
and is in the process of being removed without required permits and inspections.
Notice of Hearing a Appeal - 1243 W. Rialto Ave & 16 A05 S. Giovanola Ave
March 25, 1996
Page 7 of 7
By acting immediately to correct these violations prior to the hearing date, the incurred costs, a lien, or further abatement actions by the City may be avoided. position of
Attached is a copy of the staff report explaining our position to your appeal. If you should have
any questions regarding this notice, please contact the undersigned inspector by telephone at
(909) 384-5543.
Rental Housing Section
Planning an uilding Services Department
BY:
Wes ousi g Inspector
Attachment: Statement of Costs
BBC Background Report
cc: City Clerk
Property Owner/Lien holders
File: 0004047 .
Revised Statement of Costs
Rental Housing
Case Number: RH96-0046 Date: March 25, 1996
Subject Property: 1243 W. Rialto Ave, 103 & 105 S. Giovanola Ave, San Bernardino, CA
Parcel Number: 137-022-04
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 73 Photos $ 45.00
Title Search $ 25.00
Certified Mailing $2.75 each x 2 $ 5.50
Notice of Pendency $ 125.00
Hearing Cost $ 50.00
SUBTOTAL $ 989.90
Contractor:
CONTRACTOR COSTS
$
40% Administrative Costs $
Previous costs incurred: Contact City Clerk for SUBTOTAL
previous fees incurred $ ___
Abatement Date: N/A
TOTAL AMOUNT DUE $ 989.90
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:4- 1 -------- (Al klt,44,
Inspecto Supervisor
l' ATTACHMENT "D"
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C I T Y O F
an ]Bernardino
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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, CA 92647-1613
Subject Property: 1243 W. Rialto Avenue - 103 & 105 Giovanola Avenue
Assessors Parcel Number: 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, or Unmaintained Landscaping. Reseed the lawn
areas, landscape the front, side, and rear yards with plants, rock, bark or other
traditional landscaping methods. Water these greenbelts with a regular irrigation
schedule. Units 103, 105, and 1243. (SBMC 15.24.040A1).
2. Weeds and Overgrown Vegetation. Remove all the weeds, overgrown vegetation, from
the front, rear, and side yards (from units 103, 105, and 1243) 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 0 0 N O R T H 0 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 9 . 0 0 0 1 ( 9 0 9 ) 3 9 4- b 0 7 1 1 d 0 9 7
s
Notice and Order - 1243 W. Rialto Ave. - 103 and 105 Giovanola Ave.
January 29, 1996
Page 2 of 6
3. Peeling, Cracking, and Weathered Paint. The walls, eaves, rafter tails, and wood trim
of dwellings 103, 105, and 1243 require painting. (SBMC 15.24.040A7)
4. Accumulation of Trash and Debris in Yards. Remove all the trash and debris
(including interior furnishings) that has accumulated in the yards of 103, 105, and 1243.
(SBMC 15.24.040A4).
5. Vehicle(s) Parked on Unimproved Surface. All vehicles must be parked on asphalt or
concrete paving. Vehicles located at 103, 105, and 1243 must not be parked in the
setback areas of the front yards. (SBMC 15.24.040A5).
6. Damaged Driveway, Fences. (SBMC 15.24.040 A7 & A8).
A. Install an asphalt or concrete driveway in an approved location that will serve the
off street parking needs of the tenants in 103, 105, and 1243, the concrete strip
parking that was recently provided in the front yard setback is not allowed and
must be removed. 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.
B.* A new chain link fence has recently been illegally installed on this property.
Chain link fencing in the front yards is prohibited, and some locations of side
yards are also prohibited in regards to chain link fencing. Fencing over 4' in
height in the setbacks of residential front yards is prohibited. It is advisable that
the Planning Departments advice be sought out for the exact fencing requirements
for the corner location of this rental property.
7.* Faulty Weather Protection. The roofs on dwellings 103, 105, and 1243 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.* The front porches on 103, 105, and 1243 must have various repairs to the posts,
ceilings, and footings; to correct leaning, and general dilapidation due to
improper maintenance.
B.* Repair/replace the dilapidated windows and locking mechanisms at 1243.
eNotice and Order - 1243 W. Rialto Ave. - 103 and 105 Giovanola Ave.
January 29, 1996
Page 3 of 6
C. Repair the portions of dilapidated siding on all units with an approved
replacement as prescribed/authorized by the Planning Department that is
consistent with the neighborhood. This replacement includes the siding, and
ceiling now being altered on 1243.
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.
D. Fill and cover the abandoned vent pipe hole in the dining room wall at 1243.
E. Repair the bathtub surfaces in 103 and 105, which are dilapidated due to
improper maintenance.
F. Repair the hole/holes in the interior to exterior wall at the rear bedroom. This
hole is letting in weather and must be repaired immediately. This same room still
has the water heater thimble at the ceiling that must be closed off and finished in
an appropriate manner.
9.* Substandard and Hazardous Mechanical Equipment.
(SBMC 15.04.020, UHC 1001(g)).
A.* Replace/repair the heater unit at 1243, obtain the proper permits and inspections
to perform the necessary work.
B. The heater and venting at unit at 105 has been altered without permits and
inspections.
10.* Substandard and Hazardous Plumbing. (SBMC 15.04.020, UHC 1001(f)).
A.* Repair the substandard and hazardous conditions of the water heaters at 1243,
103, and 105. This includes the installation of, 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.* Replace/repair the substandard kitchen sink and tile at 1243.
C. Replace the substandard radiator hose bathroom trap at 105 with approved parts.
Notice and Order - 1243 W. Rialto Ave. - 103 and 105 Giovanola Ave.
January 29, 1996
Page 4 of 6
D.* Supply the washing machine at 1243 with an approved trap and drain.
E.* The water heater combination temperature and pressure relief valve at 1243 shall
be provided with a drain that extends from the valve to the outside of the building
as required by section 608.5 of the 1994 UPC.
F.* Replace the bathroom waterlines at the tub/shower in 1243 with approved hard
piping and replace the access panel next to the toilet at the bathtub.
G. Replace the bathtub water spigot in the bathroom of 103 and 105 with an
approved spigot.
H. The 103 and 105 gas meters are sagging due to weight. Repair this situation or
call the gas company to remedy this condition.
11.* Substandard and Hazardous Electrical Wiring. (SBMC 15.04.020, UHC 1001(e)).
A. Remove the extension cord wiring being used as permanent wiring in the
bathroom of 103.
B.* Replace all main electrical panels, meters, overcurrent protection and any
necessary substandard or hazardous wiring associated with the electrical panel
upgrades and changeouts in units 1243, 103, and 105.
C.* The service conductors in units 103, 105, and 1243 will require up to date service
masts, weathertight weatherheads, and all other necessary equipment to make this
new electrical system a safe and approved system.
D.* Remove/relocate the substandard electrical wiring and conduit at the wall of the
rear bedroom in 103.
E. GFCI receptacles are required for any receptacle within 6' from kitchen,
bathroom, laundry, or other sink receptors. GFCI receptacles are required in
103, 105, and 1243.
F.* An open ground was found where nongrounded receptacles were replaced with
grounded type receptacles and without a required equipment grounding
conductor.
Notice and Order - 1243 W. Rialto Ave. - 103 and 105 Giovanola Ave.
January 29, 1996
Page 5 of 6
11.* Inadequate Emergency Egress From Sleeping Rooms. Security Bars on emergency
escape windows in the bedrooms of 1243, 103, and 105 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).
12. Inoperable and Missing Smoke Detectors. Smoke detectors must be installed in
hallways which provide access to sleeping rooms and bedrooms. Dwelling 103, 105, and
1243 must be provided with the required smoke detectors.
(SBMC 15.04.020, UBC Appendix 3411).
Inadequate Room or Dwelling Unit Size. Each dwelling unit requires one room of at
least 120 square feet, and other habitable rooms (i.e. bedrooms) of at least 70 square
feet, with no dimension less than 7 feet.
[SBMC 15.04.020, UHC 1001(b)9 and 503(b) and (c)].
The rooms at the rear of 103 and 105 appear to be converted porches. These rooms are
now being used as bedrooms/sleeping rooms; these rooms are not permitted to be used
in this manner as outlined above.
Other
You are required to register all your rental properties located in the City of San
Bernardino with the Business Registration 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.
- r
Notice and Order - 1243 W. Rialto Ave. - 103 and 105 Giovanola Ave.
January 29, 1996
Page 6 of 6
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.
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.
Singee
G t
using I e 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)