HomeMy WebLinkAbout20- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director Subject: Appeal of BBC Order No. 3220 Regarding
Property Located at 580 West Union St.
Dept: Planning and Building Services ORIGINAL
Date: July 2, 1996
MCC DATE- Tn13; 15 1996
Synopsis of Previous Council Action: None
Recommended Motion: That the Mayor and Common Council uphold Order No. 3220 of the Board of Building
Commissioners and deny the appeal.
I
ature
Contact person: Al Boughey Phone: 5357
Supporting data attached: Staff Report Ward: 2
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes: ��/ r1-r=�t�a
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
BACKGROUND
On January 16, 1996 an inspection of the property located at 580 W. Union Street was conducted
by the Neighborhood Services Team. The inspection revealed that in addition to other violations,
the property lacked running water necessary for proper sanitation. A 72-hour Notice to restore
water service or vacate the premises was posted and mailed to the owner of record, Jacquelyn
Lee. Upon reinspection it was found that the violations had not been corrected. An
Inspection/Abatement Warrant was obtained and the building was vacated and boarded on January
24, 1996. Several occupants were arrested on drug possession charges.
On March 7, 1996 the Board of Building Commissioners issued Order No. 3220 which confirmed
the costs of abatement incurred by the City in the amount of $1096.41. In addition, the Board
ordered the owner to correct all violations within 10 days. As of this date, all violations noted
in the Notice of Hearing have not been corrected.
STATED GROUNDS FOR APPEAL
The appellant contends that the City acted too soon in abating the nuisance, and that she would
have accomplished it herself if given more time.
ACTION SOUGHT
Appellant requests that the incurred costs be waived.
ANALYSIS
It is the Department's standard procedure to issue a 72-hour Notice and Order to vacate in
situations were water is not available to occupants. The lack of running water for proper
sanitation results in very unhealthful conditions. The Uniform Housing Code, Section 1001(b)3
states that the Notice and Order shall include a specific time to correct the violations or to vacate
the structure as determined by the building official to be reasonable under the circumstances.
The time given, 72 hours, should be adequate to restore water.
STAFF RECOMMENDATION
That the Mayor and Common Council uphold Order No. 3220 of the Board of Building
Commissioners and deny the appeal.
ATTACHMENTS:
A : Notice of Appeal from Jacquelyn Lee
B : BBC Order No. 3220
C : Notice of Hearing dated Feb. 15, 1996
D : Notice and Order date Jan 16, 1996
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-------------------------------------- FOR FI E USE ONLY -------
Departments Receiving Date/Time Stamp:
Copies: d�cc��ti
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'96 APP 10 Al :3,5
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a� Payment Information:
Date of istributi n: Fn iK,O,o.
Last Updated: 3/26/96 �b
\ 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 1�q(�QLI& Addr ess: LV�G'/IJ
Contact Person
& Address:
Contact Person Phone
Number: Day: ��� '/�-`7� Evening: 3—%S
Affected Property // ,, Q
Address & APN # y�-90 W (,l�r� y
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)
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A VALID APPEAL MUST INCLUDE THE FOLLOWING ITNTFORIMATION(SBMC 2.64):
1. The specific action appealed, and date of that action: viii' � �D�'d1�
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2. The specific grounds of appeal:
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3. The actions(s) sought from the legislative body:
4. Any additional information:
Si nature of Appellant:
Alf Date: ��q�
April 8, 1996
Mayor of San Bernardino
City Clerk
300 N. D Street
San Bernardino, California
RE: property location - 580 W. Union, San Bernardino
parcel # - 140-202-19
order# - 3220
case# -NST96-0002
I am the owner of record on the above stated property. I am appealing the abatement action of
the Building Commission Board regarding fees assessed of$1096.40.
Specific Grounds for Appeal: I feel they acted too soon, not giving me enough time to act on
this abatement. I was contracting outside bids for the abatement. I wrote them stating my plans
for handling the abatement. It was taking me longer than usual to obtain bids because I work
from 8:00 a.m. to 5:00 p.m. and the only time I could contact contractors was after work and on
weekends. Half the time the offices were closed, necessitating follow-up calls. In some instances,
I wrote letters requesting bids.
Relief for Actions: The abatement has been done. I hereby request a waiver of fees and costs.
Thank you for your consideration.
Sincerely,
J uel�nn Lee
138 E. 39th Street
San Bernardino, California 92404
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CITY OF SAN BERNARDINO
I
MISCULANEOUS CASH RECEIPT 687946
_ No,
Date 19a�-- ACCOUNT NO. AMOUNT
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1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO
3 ORDER NO. 3220 CASE NO. NST96-0002
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 580 W. Union St. , San Bernardino,
7 California, with a "Notice and Order" and has notified the person
8 having an interest in said property that the said building or
9 premises is in violation of San Bernardino Municipal Code and
10 constitutes a public nuisance;
11 +v:i REAS , pursuant to San Bernardino Municipal Code, the
12 Building Official has served a "Notice of Hearing" be-ore 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 March 7. 1996, and;
20 WHEREAS, there was not an appearance by any person having an
21 interest in the above property.
22
23
24
25
26
27
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1 BOARD OF BUILDING COMMISSIONERS
2 ORDER NO. 3220 CASE NO. NST96-0002
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 -he evidence submitted, the Board finds that the
7 violations noted in the Notice of Hearing do in fact exist on the
property located at 5._ W.
8 Union St. , San Bernardino, California
9 and is being maintained in violation of SBMC, and constitutes a
10 public nuisance.
11 SECTION 2 - ORDER:
-ne card of Building Commissioners ' accepted sta==' s
12 -
reco~.endaticns . The property owner is hereby directed to comply
13
14 with the following requirements : the Board directs the owner to
15 obtain the proper permits to rehabilitate the building, obtain a
16 special investigation for the unpermitted porch addition or remove
17 said addition, and; that the property owner shall correct all
18 violations noted in the Notice of Hearing within ten (10) days,
19 or; if the property owner fails to comply with this order within
20 the specified time frame, the City may take appropriate action to
21 abate the public nuisance. The property owner shall meet all
22 applicable codes adopted by the City of San Bernardino.
23 SECTION 3 - AUTHORIZATION TO ABATE: Upon the property owner of
24 record' s failure to comply with the order of the Board of Building
25 Commissioners ' , the City may proceed to initiate abatement action
26 by obtaining an Inspection/Abatement warrant to abate violations
noted.
27
28 //
{
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3220 CASE NO. NST96-0002
2 PAGE 3 OF 3
3 SECTION 4 - CONFIRMATION OF CONCURRED COSTS :
4 The Board determined that the City was required to initiate
5 abatement proceedings and incur costs in the amount of $1096 .41 .
6 These costs and any future additional abatements shall be the
7 personal obligation of the property owner and, if unpaid, shall be
8 recorded 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 appealed, the specific
13 grounds of your 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 March 29, 1996 .
16
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3220 CASE NO. NST96-0002
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 7th day of
March 1996 , by the following vote to wit :
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso ` x
Carol Thrasher x
Amado Savala -(
Larry R. Quiel K
"Joe" V. C. Suarez, Jr. X
Ruben B . Nunez X
Herbert Pollock
Benjamin Gonzales x
Leo Cash, Jr. X-
BuildCC1 k, g ommissioners
The foregoing order is hereby appr ved t 7th day of MARCH,
1996 .
(51Arman, Board of Buifajing Commissioners
Approved as to form and legal content :
JAMES F. PENMAN, City Attor
BY:
e�R N AR rj CHA U-ES GREENE
Police
DEBBIE ALVILLAR
Police
C I T Y O F
O PAT LEATHERS
2 Mryors Office
//�� STAN WISDOM
BluildIng
,�j-�(/ ;j�., 0�,• an Bernardino RfTAKENT
ydED 1`� Fire
VENUS WILLLAMS
Vehicle Abatement
N E I G H B O R H O O D S E R V I C E S T E A M
Notice of Hearing
February 15, 1996
Property Owner:
Jacquelyn Lee
138 East 39Th. Street
San Bernardino, CA 92404
Subject Property:580 West Union Street APN:140-202-19
Case No: NST 96-0002 Inspector: S. Wisdom
Dear Property Owner/Interest Holder,
THIS NOTICE is hereby served to you as owner or interest holder of the above referenced
property. An inspection of this property on January 16, 1996 revealed conditions which
presented a hazard to the health and safety of the public. In order to protect the public, the
Building Official has taken action to abate the hazardous conditions on January 24, 1996. The
hazardous conditions which required abatement and the actions taken are as follows:
VIOLATIONS AND ACTION TAKEN:
On January 16, 1996 the property owner(s) of record was notified by certified
mail, and posting in plain view, on the property that the building was being
occupied in an unsanitary condition without water to dispose of sewage. Tie
property owner(s) were directed by Notice and Order to restore water service, or-
to vacate to premises within 72 hours.
On January 19,4996 a reinspection revealed that there had been NO compliance,
and the building was being occupied without the benefit of water or adequate
sewage disposal.
NOH/580 W. Union
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C A L I F O R N I A 9 2 4 0 1 19 0 8) 9 8 9 - 1 8 3 4
On January 23, 1996, after being unable to gain consent to inspect the property,
an Administrative/Inspection Warrant was obtained, and signed by Judge Douglas
Gerike, of the San Bernardino Municipal Court. The Warrant was posted on the
property in plain view, and Mailed to the owner(s) of record via certified mail.
On January 24, 1996, when attempts to gain entry failed, forced entry was made
by the Neighborhood Services team for the purpose vacating and inspecting the
property. The occupant was arrested on drug possession charges and warrants.
The building was vacated, and secured.
A hearing in regards to this abatement action has been scheduled for THURSDAY. March 7,
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 action taken 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.
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 a 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.
Based on the property owner's failure to correct the violations, and action taken, 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.
OUTSTANDING VIOLATIONS AND CORRECTIONS REQUIRED WITHIN 10 DAYS
OF THE DATE OF THIS NOTICE.
On January 24. 1996 an inspection by the Neighborhood Services Team revealed the following
outstanding violations:
NOH 1580 W. Union
2
1. Lack of, or inadequate sanitation. Lack of adequate sanitation due to
discontinued water service to sewage waste systems. [SBMC 15.04.020, UHC
1001(b)]
A. The owner(s) shall restore water service to the building to facilitate proper
sewage disposal before reoccupying the building.
2. Lack of Required Landscaping, or Unmaintained Landscaping. Restore and
maintain landscaping in front and visible side yards, to include irrigation. (SBMC
15.24.040 Al A2)
3. Weeds and/or Overgrown Vegetation. Remove all weeds, dry brush and
overgrown vegetation that are unsightly, or become a fire hazard when dry.
(SBMC 15.24.040A3)
4. Accumulation of Trash and Debris in Yards. Remove all trash and debris,
including, but not limited to mattresses, tires, wood and furniture. (SBMC
15.24.040A4)
5. Vehicle(s) Parked on Unimproved Surface. All vehicles must be parked on
asphalt or concrete paving, including motor vehicles, and trailers. (SBMC
15.24.040A5)
6. Peeling, Cracking, or Weathered Paint. All wood surfaces require maintenance
and painting. (SBMC 15.24.040A7)
7. Faulty Weather Protection. Broken windows require repair. [SBMC 15.04.020,
UHC 1001(h)]
INTERIOR VIOLATIONS OBSERVED ON THE JANUARY 24 1996 INSPECTION.
8. Substandard and/or Hazardous Electrical Wiring. Main electrical service panel
located in unpermitted service porch enclosure has become hazardous due to
tampering. [SBMC 15.04.020, UHC 1001(e)] Remove and replace in an approved
manner to a location approved by Southern California Edison.
9. Infestation of Insects and Rodents. Roach & Mice infestation. [SBMC
15.04.020, UHC 1001(b)12]
10. Inoperable or Missing Smoke Detectors. Smoke detectors must be installed in
hallways which provide access to sleeping rooms and all rooms used for sleeping.
(SBMC 15.04.020, UBC Appendix 3411)
NOH1580 W. Union
3
11. General Dilapidation or Improper Maintenance. Replace all rotted or
deteriorated wood trim and siding, and repair all holes in plaster walls. [SBMC
15.04.020, UHC 1001(b)13]
12. Construction Without Required Permits or Inspections.6' X 8' enclosed service
porch at the Northwest corner of building. [SBMC 15.04.020, UAC 301(a) and
305]
A Special Investigation must be obtained and completed prior to submitting 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. Obtain a Special Investigation and
Permit, or remove the unpermitted structure.
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
If your should have any questions regarding this notice, please contact the undersigned inspector
by telephone at (909) 384-5543.
BY:
S. Wisdom
General Building Inspector
Neighborhood Services Team
Phone: (909) 889-1634/(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)
c.c: file
Greg Lee
City Clerk
NOH 1580 W. Union
4
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Statement of Costs
(Neighborhood Services team)
Case Number: NST 96-0002 Date: February 15, 199,6
Subject Property:580 West Union Street, San Bernardino, CA
Parcel Number: 140-202-19
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):12 Hrs @ $45.16 Per Hr. $ 541.92
City Clerk Costs $ 22.00
Attorney Costs $ 40.00
Photographs 38 @ .50 Ea. $ 19.00
Title Search $ 25.00
Certified Mailing $2.52 each X 2 $ 5.04
Notice of Pendency $ 125.00
Hearing Cost $ 50.00
SUBTOTAL $ 827.96
CONTRACTOR COSTS
Contractor: $ 191.75
40% Administrative Costs $ 76.70
SUBTOTAL $ 268.45
Previous costs incurred: Contact City Clerk for
previous fees incurred $ -------
Abatement Date:
TOTAL AMOUNT DUE $ 1096.41
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:
spector upervisor
Brett Carlson Construction
243 East 47th Street
San Bernardino,CA 92404-1209
General Contractors Lisc. #467501
To: City of San Invoice Number: 391
Bernardino
Planning and Building Services Date: January 30,1996
300 North"D'Street,3rd floor
San Bernardino,CA 92418 P.O. Number: 006272
Property Address: Case Number. NST-96-0002
580 West Union Street (Stan)
San Bernardino,CA A.P.N.: 140-202-19
Description of Work Performed Amount
Board to Secure,FHA standards,two windows and one Security doors on Jan.24,1996.
Finish date: Jan.24, 1996.
Windows: olze B-1. ...................................................................................... 40.00
SizeC- 1�................. ................................................................... 64.50
Security doors- 1,key'd 43-art 79.25
................................................................................
Photos- 4.......... ..................................................................................................... 8.00
Total: $ 191.75
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CITY OF 1 C::.:�J..R..I:JD
DEPAR i IMENT OF PIAPJNINQ &
BUILDI,lG SERVIUS
F tZN A R p� CHARLES GREENE
0 N�
Palle*
DEBBIE ALVCLAR
�r Police
p C I T Y O F
} O PAT LEATHERS
Mayor's office
v � J STAN WISDOM
Building
41 1
afl 13ernardino
RfTA KENT
ynED lV F1m
VENUS WILLIAMS
Vehicle Abatement
N E I G H B O R H 0 0 D S E R V I C E S T E A M
Notice and Order
January 16, 1996
Jacquelyn Lee
138 E. 39th Street
San Bernardino CA 92404
Subject Property: 580 West Union Street. APN:-140-202-19
Case No.: NST 96-0002 Inspector: S. Wisdom
Dear Owner(s)
An inspection of the above referenced property in accordance with the San Bernardino Municipal
Code, Section 15.04.020, Uniform Administrative Code Section 202(c) was conducted on
January 16, 1995 by the Building Inspection Division. You are hereby notified that the
following violations of the San Bernardino Municipal Code (SBMC) exist on this property. You
are required to correct these violations within THE TIME FRAME INDICATED BELOW.
Your property will be reinspected to verify compliance on Friday January 19, 1996, and
Monday January 29, 1996 restively.
The following violations exist and shall be corrected WITHIN SEVENTY-TWO (72) HOURS
OF THIS NOTICE.
1. Lack of, or Improper Plumbing Fixtures. Lack of adequate sanitation due to
discontinued water service to sewage waste systems. [SBMC 15.04.020, UHC
1001(b)1,2,5]
A. The owner(s) shall restore water service to the building to facilitate proper
sewage disposal, or VACATE the premises immediately.
The following violations exist and shall be corrected WITHIN TEN (10) DAYS OF THIS
NOTICE.
1. Lack of Required Landscaping, or Unmaintained Landscaping. (SBMC 15.24.040
Al A2)
2 7 3 K I N G M A N "S T R 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 9 2 4 0 1 (9 0 9) 9 8 9 . 1 6 3 4
2. Weeds and/or Overgrown Vegetation. (SBMC 15.24.040A3)
3. Accumulation of Trash and Debris in Yards. Remove all trash and debris, including,
but not limited to mattresses, tires, wood and furniture. (SBMC 15.24.040A4)
4. Vehicle(s) Parked on Unimproved Surface. All vehicles must be parked on asphalt or
concrete paving. Including motor vehicles, and trailers. (SBMC 15.24.040A5)
5. Peeling, Cracking, or Weathered Paint. All wood surfaces requires maintenance and
painting. Broken windows require repair. (SBMC 15.24.040A7, 15.24.050A7)
The above listed violations must be corrected within the time frame set forth. 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.
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.
Sin
Stan Wisdom
General Building Inspector
Neighborhood Services Team
Phone: (909) 889-1634
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)
cc: File
2
M
July 9, 1996
ox
To: Mayor and Common Council
RE: Property located at 580 W. Union Street, San Bernardino
Parcel#: 140-202-19 �', 11
Order#3220
Case#: NST96-0002
I received your letter stating my hearing is scheduled for July 15, 1996 regarding the Appeal of
BBC Order No. 3220. I would like to request a continuance of this hearing for the following
reason:
On the evening of July 4", my son Ryan, was a victim of violent crime. He was attacked and has
had his face and nose damaged along with a concussion. There is a piece of bone sticking out of
the side of his nose and one side of his nose is caved in. His nose and surrounding areas need to
be reconstructed . Ryan saw his Ear, Nose and Throat Doctor yesterday and the surgery is
scheduled for Monday, July 15'' (the same morning as my hearing.) There is no way I can be at
the hearing while my son needs me at the hospital.
I understand there is a$75.00 fee for requesting continuance and I request that the fee be waived
due to the unforeseen circumstances.
Thank you for your time and consideration in this matter.
Sincerely,
Jacg4l*Lee'
13 8'E. 3 9th Street
San Bernardino, CA 92404
(909) 833-9570
C I T Y O F
bernardino
D E P A R T M E N T O F P L A N N I N G A N D B U I L D I N G S E R V I C E S
A L 9 C U G H E Y , A I C P
D i R E C T C R
July 3 , 1996
Jacquelynn Lee
138 E . 39th Street
San Bernardino, CA 92404
RE : Notice of Appeal Hearing Before the Mayor and Common Council
In Regards to Property Located at 580 W. Union Street
Dear Ms . Lee,
Your appeal in regards to BBC Order No. 3220 has been scheduled for
a hearing before the Mayor and Common Council on July 15 , 1996 in
the Council Chambers, First Floor of City Hall located at 300 North
D Street, San Bernardino, California. The meeting commences at
9 : 00 AM. This matter will be heard subsequent to 9 : 00 AM, but the
exact time is uncertain. Attached is a copy of the Staff Report
for your review.
If you should have any questions regarding this matter, please feel
free to contact our office .
Sincerely;'
Jose Lease
Inspection Services Supervisor
jl/cor : 2193
cc :AB
RH file 580 W Union St
3 0 0 N 0 R " - D S T R E E T , S A N R E R N A R D I N O
C A L I F O R N I A 3 2 4 1 3 . 0 0 0 1 ( 9 0 %) 3 8 4 5 0 7 1 / 5 0.G 5 7
April 8, 1996
Mayor of San Bernardino
City Clerk
300 N. D Street
San Bernardino, California
RE: property location - 580 W. Union, San Bernardino
parcel # - 140-202-19
order#- 3220
case#-NST96-0002
I am the owner of record on the above stated property. I am appealing the abatement action of
the Building Commission Board regarding fees assessed of$1096.40.
Specific Grounds for Appeal: I feel they acted too soon, not giving me enough time to act on
this abatement. I was contracting outside bids for the abatement. I wrote them stating my plans
for handling the abatement. It was taking me longer than usual to obtain bids because I work
from 8:00 a.m. to 5:00 p.m. and the only time I could contact contractors was after work and on
weekends. Half the time the offices were closed, necessitating follow-up calls. In some instances,
I wrote letters requesting bids.
Relief for Actions: The abatement has been done. I hereby request a waiver of fees and costs.
Thank you for your consideration.
Sincerely,
J uelynn Lee
138 E. 39th Street
San Bernardino, California 92404
CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT No 687946
Date fig _ ACCOUNT NO. AMOUNT
Received From
The Sum of _r] Dollars Cents
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August 5, 1996
Honorable Mayor Tom Minor and
Common Council of San Bernardino
300 North D St.
San Bernardino, California 92418
Re: San Bernardino Municipal Stadium
Your Honor:
On behalf of citizens of San Bernardino with disabilities, I am registering a complaint regarding
the decision process that justified the concept of design of our local Stadium. Since 1988, the
Uniform Federal Accessibility Standards have required that all floors be served within an
elevator-equipped new publicly funded construction. In 1990, the Americans with Disabilities
act stipulated only certain instances where wheelchair lifts could be utilized. In 1993, these
guidelines were integrated into Title 24 of California's Administrative Code. Why then does our
City's staff continue to ignore current changes in our building code?
In all instances, lifts were restricted to areas "which house no more than five persons,"or to
provide more access to incidental areas for better "line-of-sight", dispersion, or performing
areas. The Stadium has an elevator, but why was it not designed to serve the lower team level.
This level houses both teams lockers, showers, meeting rooms, staff offices as well as restrooms.
There can be no justification for disregarding state and federal law. I ask that you inquire as to
why you were not properly informed by your own staff. With this letter, I am asking for
justification from the City, City Attorney, RDA and any other decision-making body that had
input into this facility's design. I am also copying this letter to the appropriate state and federal
bodies.
Respectfully submitted,
Robert J. Neves
2348 Sterling Avenue, Suite 439
San Bernardino, California 92404 :
909 862-6238 Entered into ReCad at
( ) CounciI1Cmy09VCms Mtg:
C.C. Access Board (ATBCB) nV
Attorney General Daniel Lundgren re Agenda Item
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City ClerkICOC Secy
CitV or San Bernardino
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CITY OF SAN, BERNARDINO
MISCELLANEOUS CASH RECEIPT No. 690100
Date 19 '76 _
ACCOUNT NO. AMOUNT
Received From
The Sum of — Dollars o�qv Cents
For
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Uan-rantion. 0111A40
M118/96 4:45:59 PM
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Ti ns. Code. SF Aswnt: 75.00
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