HomeMy WebLinkAbout19- Planning & Building Services 'PITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
im: Al Boughey , Director Subject: 596 North Cabrera
Appeal of the Board of' Building
ot: Planning and Building Services Commissioners Meeting held 5/2/96
0 Resolution Order 43337
te: June 12., 1996 � ��
iopsis of Previous Council action:
Appeal of the Board of Building Commissioners Order 43337 . Meeting held
May 2 , 1996 . See attached background which by exhibit becomes part of
this report .
:ommended motion:
That the Mayor and Common Council uphold the findings- of the Board of
Building Commissioners and finds a nuisance existed at the time of
original inspection and continues to exist . Within ten ( 10) days , the
owner must obtain required permits to demolish abandoned structure . Work
is to be completed within 30 days . All work completed must be inspected
and approved by the Inspection Services Division.
jsignaili�fe
itact person: Phone:
porting data attached: Ward: Third Ward
VDING REQUIREMENTS: Amount:
Source• (Acct. No.)
(Acct. Description)
��
Finance:
.nciI Notes: /` a ai`a7Za4l
262
STAFF REPORT
Subiect :
Appeal of the Board of Building Commissioners order to demolish the
structure, it has been vacant for 5 years or more and has lost its
legal non-conforming status as verified by the Planning Division.
Request :
The appellant, Mr. Nicolas Rosa requests that the Mayor and Common
Council overturn the recommendation. (see exibit A)
Background:
3-11-96 : An inspection was made by the Neighborhood Revitalization
Team, Code Compliance Division. At the time of
inspection the following conditions were observed,
collapsed roof, broken windows, trash and debris, weeds,
graffiti, open and vacant which deemed this a dangerous,
dilapated building. A notice to abate public nuisance
was written and posted. (see exibit B)
3-11-96 : A ten (10) day notice to obtain required permits to
demolish the abandoned structure was mailed to the owner
of record via certified mail . (see exibit C)
3-21-96 : A follow-up inspection at this time noted that there was
no change in the condition of this building and the owner
did not obtain required permits.
3-25-96 : Property owner, Mr. Nicolas Rosa came into City Hall,
Planning and Building Department to discuss with Code
Compliance Supervisor Debra Daniel, his intention to
rehabilitate his structure and establish a neighborhood
market, if this was not permissable he would rehabilitate
this structure to be used as a single family dwelling.
After researching with the Planning and Building Division
it was found that this was not a viable option due to
set-back and Development Code requirements . This
building has lost its legal non-conforming status since
it has been vacant for 5 years or more . (see exibit D)
5-2-96 : Case heard before the BBC, at which time they adopted
staff recommendations . (see exibit E)
5-28-96 : The owner filed an appeal of the Board of Building
Commissioners findings to the Mayor and Common Council .
Appeal of findings of the BBC for 596 North Cabrera
Page 2
Analysis :
This property has been vacant for over 1 year causing a public
nuisance to surrounding properties . The subject property is in a
residential zoned area causing much concern to neighboring property
owners who signed a petition stating this fact. (see exibit F)
Mayor and Council Recommendation:
Uphold the findings of the Board of Building Commissioners and
finds a nuisance existed at the time of original inspection and
continues to exist . Within ten (10) days, the owner must obtain
required permits to demolish abandoned structure. Work is to be
completed within 30 days. All work completed must be inspected and
approved by the Inspection Services Division.
Prepared by:
Debra Daniel, Code Compliance Supervisor
for A. Boughey, Planning and Building Director
Attachments -
A. Letter of Appeal
B. Notice to Abate Nuisance dated 3-11-96
C. 10 day Notice to Abate Nuisance
D. Planning and Building Statements
E. Order of the Board of Building Commissioners Meeting of 5-2-96
F. Petition from Sixth and Cabrera Citizens
--------- FOR OFFICE USE ONLY
Departments Receiving �O(D� Date/Time Stamp:
o
�s:
RECc'. . �
Original to: � -
r
3b� Payment Information:
Date of Distribution: '`o'�DFn ,o. #
Last Updated: 3/26/96
Account 001-000-4303
F
CITY OF SAN BERNARDINO - NOTICE, OF APPEAL
IMPORTANT INFORMATION: Pursuant to Council Action, all ML ' and Common Council
appeals must be filed in the City Clerk's Office accompanied by the appropriate fee.
Complete All Information
Appellant Name
& Address: NICOLAS ROSA
7338 JUNIPER AVENUE FONTANA, CA 9911S
Contact Person
& Address: NTCO AC R.Q A
7-4-4A JUNIPER ANIF UE RONTANA, EA 99335
Contact Person Phone
Number:3 5 6-0 3 5 2 Day: x Evening: x
Affected Property
Address & APN # 596 No - CARRERA. SAN RF.RNARTITNO- r•A
Type of Appeal - Check One:
Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies:
(*Adjusted Annually)
Planning Commission ($122.00 *) _Board of Building Commissioners (No Charge)
Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Access Appeals Board (No Charge)
Vehicle Abatement ($75.00) Other/Explain: (No Charge)
(continue next page)
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION(SBMC 2.64):
1. The specific action appealed, and date of that action: IS BUILDING ABATEMENT,
ACTION TAKEN ON MAY 2 , 1996 BY THE BOARD OF BUILDING
COMMISSIONERS ORDER # 3337 - CASE # 96-9734 . AND TO REMOVED THE
MST QV $41P - 04 ar the TiPn IN SATs Rn FRTV
2. The specific grounds of appeal: PROPERTY NEVER ABANDONED, AND NOT A
PUBLIC NUISANCE.
3. The actions(s) sought from the legislative body: TO PREVENT THE PROGRESS OF
THE ORDER ADOPTED BY THE BOARD OF BUILDING roMMTssTONpgS . TN
QRDRR TQ RgTART.TGR A NPTAQR9QQn MARSET
4. Any additional information: PRIOR TO ACQUIRE THIS PARCET., THIS PRRMISE
WAS USED AND PERMITTED AS A NEIGHBORHOOD MARKET
c
Signature of Appellant:
Date: n5-24-qg
I
ITY OF SAN BERNARDINO
I
41SCELLANEOUS CASH RECEIPT No. 688066
ate 1g accou�rNO. eu UNT
eceived F
—' f 1 Dollars �b _Cents
"o w
g m
J.
V
�A +
—r w
N
rtMent
�w
y TOTAL (�
STRI BUTION: White—Customer;Canary—Cashier;Pink—OeGartment;Go on d—oapt Numeric Control
14
3 - Z
z
CF/� E~"'i a .°° °. a �" W z •Ly O `
> c az h � of
> 8 0 3 w Q ¢ �_
78 A4 Goi
SCA
U W 3 o U 'E' o cr oo ,ba
►�y `" °' ° V '� C7 `" ° 'a U
Z H °
z yR ° _y R
y ` ... N
FBI [ ~ s . • • .�.. 'LT � L ��" QA 'iii � tn � � 'Ca
Cl o V) ,=ter,
Q > O w •a _
o -v �
Z o 0 c c z U U c Z
ca � Z w c •c Q ° '" O F ii � .0 U ey
en a
�3 .8 WFOG
O Q� 0 U� w O�c� g ❑��0o�a 0._�C���C 0�y
FG� V'�"
o H w a
Em
TI
0
V r. '4 ai Q W=' > <
d u M. N en vi WE-4
CIO) � zw° dxcA�� ��•
..
A
,
o zZ >'
c vi o
o
> ,t oaa
0titlt'HAR,0
SP __ r9t CITY OF
C p DEPARTMENT OF PLANNING & BUILDING SERVICES
r Z (San Bernardino (909)CODE COMPLIANCE DMSION 3845205
O
oGVDED 111
NICOLAS ROSA RE: 596 NORTH CABRERA
7338 JUNIPER AVENUE SAN BERNARDINO, CA
FONTANA, CA 92335 CASE#9734/COMPLAINT#46013
OFFICER: J HERNANDEZ
March 11, 1996
Dear Owner:
THIS NOTICE is hereby submitted to you as owner(s) of the above
referenced property.
A recent inspection of your property revealed conditions in .
violation of the San Bernardino Municipal Code 15.24. 020. You are
required to correct these violations within 10 DAYS from the date
of this notice. Your property will be reinspected to verify
compliance after the ten (10) day time frame has lapsed.
VIOLATION AND CORRECTIVE ACTIONS REOUIRED:
COMMERCIAL STRUCTURE (SSMC 15.24.050)
DANGEROUS BUILDING (UCFADB 302 (17) - ABANDONED DILAPIDATED
STRUCTURE. WITHIN 10 DAYS OWNER IS TO OBTAIN REQUIRED PERMITS TO
REHABILITATE OR DEMOLISH ABANDONED STRUCTURE. WORK IS TO BE
COMPLETED WITHIN 30 DAYS. PLEASE CONTACT THE BUILDING DEPARTMENT AT
(909) 384-5071. YOU MUST OBTAIN THE NECESSARY PERMITS PRIOR TO
INITIATING CONSTRUCTION.
The building and or property has been posted: YES
Pre-permit inspection required NO
Failure to correct the listed violation(s) within the time frame
indicated, will result in the City initiating abatement proceedings
to correct the violation(s) .
If the City is forced to proceed with the abatement proceedings,
the owner of record will incur the following direct costs:
s
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North'D'Street,San Bernardino,CA 92418
r
e�EtWARp��
CITY OF
o c DEPARTMENT OF PLANNING & BUILDING SERVICES
(San 15ernarditio DoE 99)38"C�DMSION
O
�OG'�DED 1N��1
PAGE 2
596 NORTH CABRERA
-Proceeding Establishment Costs -Certified Mailing Costs
-Hearing Costs -Photograph Costs
-Attorney Fees -Staff Costs
Also, any additional costs assessed due to possible judicial
process. In addition to the above referenced costs, all contractor
abatement costs plus an additional 40% will be charged to the
property owner as a lien upon the property and shall become the
personal obligation of the owner of record.
By acting immediately to correct the violation referenced, you will
avoid these and any future costs. If you object to the
determination of cited violation, you must file a written protest
to the City Clerk no later than ten (10) days from the date of this
notice.
If you have any questions please contact the officer assigned to
this case between the hours of 7:30 - 8:30 AM and 4 :30 - 5:30 PM at
(909) 384-5205. Please provide either the case number or the
property location.
Your assistance in supporting the Code Compliance Division to
maintain the safety and appearance of our city is greatly
appreciated. You may contact me at the above referenced phone
number if you require further assistance.
Sincerely,
6z
�
ulie Hernandez
Code Compliance Officer
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North'D"Street,San Bernardino,CA 92418
(Include Date, Name, Phone number and conversation)
coMMEirrs
ell 1:
r � /ter �� .3-2.5 - � •
G
0
S
O
1
task ; ae4 v1
wuGYdiiN+Br!r.
Ce e CITY OF
awn bernardino DEPARTMENT OF NING CES
CODE COMPLIANCE DIVISION
(909) 3845205
O
�OG'�DED 1N�O�
Nicolas Rosa LOCATION: 596 North Cabrera
7338 Juniper Avenue SAN BERNARDINO, CA
Fontana, CA 92335 ASSESSORS NO: 138-102-31
ORDER NO: 3337
CASE NO: 96-9734/COMPLAINT:46013
May 10, 1996 OFFICER: J. Hernandez
Pursuant to action of the Board of Building Commissioners taken on
May 2, 19961 a nuisance was found to exist at 596 North Cabrera.
Attached hereto, is a copy of the Board of Building Commissioner' s
Order, which states the findings of the Board and any action
necessary to abate the public nuisance (s) .
As owner(s) and all vested parties of record you were notified in
your previous Notice of Hearing that the Board' s findings may be
appealed to the Mayor and Common Council within fifteen (15) days
of the date of this notice. This appeal must be filed with the
City Clerk' s office, 300 North "D" Street, 2nd Floor, San
Bernardino, CA 92418 . A fee of $75 . 00 must accompany your request.
The written appeal should include :
(a) Property location, parcel number and report/project
number;
(b) Specific grounds for appeal; and
(c) The relief or action sought from the Mayor and Common
Council .
If you have any questions regarding this appeal process, please
contact the City Clerk' s office at 384-5002 .
By:
?de Com - iarice Off ice
JH
CC : City Clerk
Greg Lee, Account Clerk
M. Magness, P.O. Drawer 458, Fontana, CA 92334
Al Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North'D'Street,San Bernardino,CA 92418
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO AUTHORIZING
2 THE ABATEMENT OF A PUBLIC NUISANCE
3 ORDER NO. 3337 CASE NO. 96-9734
WHEREAS, pursuant to the San Bernardino Municipal Code, Title
4 15, Chapter 15 .28, the Building fficial has
g posted a building(s)
5 located at 596 North Cabrera, San Bernardino, California, with a
6 "Notice to Abate Nuisance" and has notified the person (s) having
7 an interest in said property that the said building(s) or premises
8 constitute a public nuisance;
9 WHEREAS, pursuant to San Bernardino Municipal Code, the
10 Building Official has served a "Notice of Hearing Before the Board
11 of Building Commissioners of the City of San Bernardino" , relating
12 to abatement roceedin the
P g, to person (s) having an interest in
13 the above ro ert and has
P P Y, prepared a declaration of mailing of
14 the notice a copy of which is on file in these proceedings; and;
15 WHEREAS, a hearing was held to receive and consider all
16
relevant evidence, objections or protests on May 2, 1996, and;
17
WHEREAS, there was an appearance by Mr. Nicolas Rosa, owner
18 of above property.
19
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
20 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
21
22
23
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3337 CASE NO. 96-9734
2 PAGE 2
3 SECTION 1 . Based upon the evidence was submitted, it was
4 found and determined that the building(s) and or premises located
5 at 596 North Cabrera, San Bernardino, California constituted a
6 public nuisance.
7 SECTION 2 . The Board of Building Commissioners accepted
8 staff's recommendations. The property owner(s) are hereby
9 directed to comply with the following requirements. Within ten
10 (10) days, owner(s) must obtain required permits to demolish
11 abandoned structure. Work is to be completed within 30 days. All
12 work completed must be inspected and approved by the Inspection
13 Services Division.
14 SECTION 3 . Upon the owner(s) of record failure to comply
15 with the order of the Board of Building Commissioners, the Code
16 Compliance Division shall proceed to initiate abatement action by
17 obtaining an Inspection/Abatement warrant to abate violations
18 noted.
19
20
21
22
23
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO.3337 CASE NO. 96-9734
2 PAGE 3
3 SECTION 4 . It was determined that the City was required to
4 initiate abatement proceedings upon which the City incurred costs
5 in the amount of $438.04 . These costs and future related
6 abatement costs shall be the personal obligation of the owner(s)
7 and shall be placed as a lien on the above property.
8 SECTION 5. Any person aggrieved by this order, may appeal to
9 the Mayor and Common Council by filing a written statement with
10 the City Clerk. The statement must include the order appeal, the
11 specific grounds of your appeal, and the relief or action sought.
12 This appeal must be received within fifteen (15) days from the
13 date of this notice dated May 10, 1996 .
14
15
16 //
17
18
19
20
21
22
23
24
25
26
27
28
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3337 CASE NO. 9734
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 2ND day of MAY 1996, by
the following vote, to wit:
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso X
Carol Thrasher SL
Amado Savala k
Larry R. Quiel �C
"Joe" V. C. Suarez, Jr.
Ruben B. Nunez �C
Herbert Pollock �(
Benjamin Gonzales X
Leo Cash, Jr.
erk, Board of Building Commissioner
The foregoing order is hereby approv d this 2ND day of MAY, 1996.
Cha' rman, Board of Building Commissioners
Approved as to form and legal content :
James F. Penman, City Attorney
By:
�l o f`y a► .. o v)Cerne DH7ens o r4-h Cab-e ra .
y t s
J }�R
yi
ha,
v
v
.f
�a
s 'a»
i
t
1
CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT No. 688066
Date 19�� ACCOUNT NO. AMOUNT
o a b�Received F
e 40f Dollars �b Cents
2in \ 3
a i
•• I
N.
F+ j
a a' 11
o
n,ear v i
c m w 1
••� o0
We'&' rti%ent
By TOTAL
DISTRIBUTION: White—Customer;Canary—Cashier;Pink—Department;Go en od—Dept.Numeric Control