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HomeMy WebLinkAbout16- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Mike Hays, Director Subject: Appeal of BBC Order No. 2693 Regarding Property Located at 750-752 West 4th Street. Dept: Planning and Building Services ORIGINAL Date: October 8, 1996 MCC DATF• ClrtnhPr ?.1 1996 Synopsis of Previous Council Action: None s_ Recommended Motion: That the Mayor and Common Council uphold Order No. 2693 of the Board of Building Commissioners and deny the appeal. ignature Contact person: Mike Hays Phone: 5357 Supporting data attached: Staff Report Ward: One FUNDING REQUIREMENTS: Amount: N/A Source:_(Acct. No.) (Acct. Description) Finance: Council Notes:_ Previously-- - _ Agenda Item No �� CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT BACKGROUND In response to a complaint from the San Bernardino Police Department regarding substandard conditions at 750-752 W. 4th Street, an inspection was made on January 11, 1995. On January 23, 1995 a Notice of Violation (Attachment 1) was issued to the property owners, Joseph and Therese Mastropaolo, citing numerous violations of various sections of the San Bernardino Municipal Code, including but not limited to Section 15.04.020, Uniform Housing Code Section 1001, Substandard Housing Conditions. On February 2, 1995, Mr. Mastropaolo submitted an appeal (Attachment H) in regards to several of the violations cited in the Notice of Violation. The appeal was heard by the Board of Building Commissioners on June 1, 1995. The Board denied the appeal and issued Order No. 2693 (Attachment F) requiring the owner to correct the violations. The owner did not appeal the Board's action to the Mayor and Common Council at that time. Instead, the owner commenced work to correct the violations. A building permit for a portion of the work was obtained and plans were submitted to the Department for review and approval. Since that time, the owner has suspended work and allowed his plan check application to expire without obtaining the necessary permits. In addition he has failed to obtain final inspection or to allow reinspection of the violations. In essence he has failed to comply with the BBC Order. The Department intends to obtain an inspection and abatement warrant and to abate any nuisances found to still exist on the property. This intention was communicated to the owner in a letter dated August 6, 1996 (Attachment B), and prompted this appeal. ANALYSIS In his Notice of Appeal, the owner states that he believes the Notice of Violation and BBC Order violates state housing laws and state historical building laws. He provides no further argument or elaboration on which to base this claim. The City's adoption of the Uniform Housing Code (SBMC 15.04.020) is in harmony with the states housing laws. In fact, the California Health and Safety Code, Section 17922 (Attachment C) adopts the Uniform Housing Code by reference, except for the definition of "substandard building" (UHC 1001) which is written verbatim into state statutes (ref: H & S Code 17920.3 - Attachment D). The appellant's claim that the City's action violates state historical building laws is also without foundation. The California Historical Building Code (CHBC) applies to "qualified historical buildings" as defined in CHBC 8-302 (Attachment E). The subject property does not meet the definition of a qualified historical building, and therefore the CHBC does not apply. CONCLUSION Based on the information included in the Notice of Appeal submitted by the appellant, the appeal is without foundation. Applicable City and State Codes relating to existing housing have been applied in an appropriate manner. RECOMMENDED MOTION That the Mayor and Common Council uphold Order No. 2693 of the Board of Building Commissioners and deny the appeal. Attachments: A: Notice of Appeal to MCC dated Sept. 4, 1996 B: Letter to Owner dated August 6, 1996 C: H & S Code Section 17922 (excerpt) D: H & S Code Section 17920.3 E: California Historical Building Code 8-302 (excerpt) F: Board of Building Commissioners Order No. 2693 G: BBC Staff Report - Appeal Regarding 750-752 W. 4th St H: Notice of Appeal dated Feb. 2, 1995 I: Notice of Violation dated Jan. 23, 1995 44r Attachment "A" --------------------- -- FOR OFFICE USE ONLY Departments Receiving Date/Time Stamp: Copies: RE'CE!',1PF S� Original to: o '96 SEP —4 P 4 :0 0 Payment Information: Date of Distribution: tio� Last Updated: 3/26/96 �DED iN 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: Joseph Mastropaolo 16291 Magellan Lane, Huntington Beach, CA 92647 Contact Person & Address: Same as above. Contact Person Phone Number: Day: (714-) 847-6960 Evening: Same. Affected Property Address & APN # 750-752 W. 4th St. , San Bernardino, CA; APN: 134-093-23 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) X 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: 'Threat of evicting tenants and ordering the utilities disconnected as ordered by Mr. Ron Gaston in his letter of August 21 , 1996• 2. The specific grounds of appeal: The Notice of Violation of January 23, 1995 and the BBC Order 2693 violate State Housing Laws and State Historical Building Laws and are therefore void. 3. The actions(s) sought from the legislative body: Repeal of the Notice of Violation of January 23, 1995 and BBC Order 2693; and executive orders through the Mayor to Code Enforcement that these insults to property and civil rights not be repeated. 4. Any additional information: There is no danger to life, the property is crime-free, and there are no geographic, climatic or topographic imperatives. Signature of Appellant: Date: September 3, 1996 i�� azl , - Attachment "B" ��•Zvr1.?7j� C I T Y O F an Bernardino 1• 0 E P A N T Y E N T O F P LA N N1 N O A N 0 S U I L 0 1 MG S E A V1 C ES A L B O U G H E Y . A I C P 0 I R E C T O R NAME Joseph Mastropaolo Date August 6, 1996 Address 16291 Magellan Lane Huntington Beach, CA 92647 RE: Inactive Permit # 100551 Job Address 750-752 W. 4th St. #9 Dear Mr. Mastropaolo The City of San Bernardino, Building and Safety Division has the above referenced on file for which: ( ) No inspections have been obtained. ( ) Specific required inspection have not been obtained, i.e. (x) No inspections have been obtained within the past 180 days. (x) Final inspection and approval has not been obtained. (g) Other (see Attachment A) Please be advised that the San Bernardino Municipal Code, section 15.04. 020, 7BC 303 (d) provides that a permit shall expire by limitation and become null and void if work is not commenced, or is discontinued for a period of 180 days. Your permit has EZPIR on 03 / 01 / 96 - Since you have allowed this permit to expire, you will be required to obtain a new permit and pay additional Rees, or to remove such work. The Uniformed Building Code, section 305, requires the permittee to obtain inspection of all work which requires a hermit. This matter may be referred to the City Attorney's Office for further legal action if all required inspections are not obtained or if work remains without a valid permit. Please contact this office at 384-LINX to arrange an inspection or contact the undersigned building inspector to discuss this natter. Your prompt attention to this matter is appreciated. Sincerely; 'TAME RON GASTON =eneral Building Inspector ?hone (909) 384-5071 between the hours of 7:30-8: 30 A.M. PFWE IN 7 0 0 N 0 R T H 0 " S T R E E T . S A N s E R N A N 0 1 N O . C A L I F O R N I A 1 2 . 1 0 - 0 0 0 1 ( 1 4 0) 34I•f1T111*,7 A66e Attachment A Inactive Permit: 750-752 W. 4th St. Page 1 of 2 Date: August 6, 1996 Re: Order of The Board of Building Commissioners Location: 750-752 W. 4th Street A.P.N.: 134-093-23 Order No.: 2693 Case No.: NST94-0010 Dear Mr. Mastropaolo: Pursuant to the action taken by the Board of Building Commissioners on June 1, 1995, the property owner was directed to submit plans and obtain all necessary permits for the rehabilitation of the structures of said property within the timeframe given. A review of pertinent records revealed that only partial compliance has been obtained to the Boards' order, as indicated below: 1. The plans for the rehabilitation of the two story structure that were submitted to the Planning and Building Services Department(Development Services Division) were not approved. As a result, there are corrections to the plans that must be made prior to the issuance of the building permit. As of this date the plans have not been picked up for corrections and re-submitted for approval. In addition, this plan check application has expired in accordance with the Uniform Building Code section 304(d). 2. Permit No.100551 has expired, as all of the work identified on the permit was not inspected and approved due to the applicants failure to notify the Building Official that the work was ready for inspection as required by UBC 305. 3. In addition, the Boards' order gave a sixty (60) day time limit to have the rehabilitation of the property completed. A review of city records indicate that the rehabilitation of the property has not been completed as required. In order to verify that the rehabilitation of the property has/has not been completed as directed, a complete inspection of the property will be required. Please make arrangements with the undersigned inspector to conduct the inspection within ten (10) days from the date of this letter. Attachment A Inactive Permit: 750-752 W. 4th St. Page 2 of 2 If the owner fails to respond to the aforementioned request, this matter will be referred to the City Attorneys office for further legal action. Should you require any further assistance regarding this matter, please feel free to contact the undersigned inspector at (909)384-5543 during normal business hours. Sincerely, Ron Gaston General Building Inspector cc: Joe Lease, Inspection Services Supervisor City Attorney file rg/000343 Attachment "C" REFERENCE SERVICES PROFESSIONAL DEVELOPMENT SERIES § 17922. Administrative code rules and regulations; uniform housing code requirements; local requirements (a) Except as otherwise specifically provided by law, the building standards adopted and submitted by the department for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 and the other rules and regulations, which are contained in Title 24 of the California Administrative Code, adopted, amended, or repealed from time to time pursuant to this chapter shall be adopted by reference, except that the building standards and rules and regulations shall include any additions or deletions made by the department. The building standards and rules and regulations shall impose substantially the same requirements as are contained in the most recent editions of the following uniform industry codes as adopted by the organizations specified: (1) The Uniform Housing Code of the International Conference of Building Officials, except its definition of "substandard building." (2) The Uniform Building Code of the International Conference of Building Officials. (3) The Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials. (4) The Uniform Mechanical Code of the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials. (5) The National Electrical Code of the National Fire Protection Association. In adopting building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 for publication in the State Building Standards Code and in promulgating other regulations, the department shall consider local conditions and any amendments to the uniform codes referred to in this section. Except as provided in Part 2.5 (commencing with Section 18901), in the absence of adoption by regulation, the most recent editions of the uniform codes referred to in this section shall be considered to be adopted one year after the date of publication of the uniform codes. (6) Appendix Chapter 1 of the Uniform Code for Building Conservation of the International Conference of Building Officials. 16 HEALTH AND SAFETY CODE Attachment "D" REFERENCE SERVICES PROFESSIONAL DEVELOPMENT SERIES § 17820.3. Substandard building; conditions Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating. (7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this code. (9) Room and space dimensions less than required by this code. (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by the health officer. (13) General dilapidation or improper maintenance. 5 HEALTH AND SAFETY CODE REFERENCE SERVICES PROFESSIONAL DEVELOPMENT SERIES (14) Lack of connection to required sewage disposal system. (15) Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. (b) Structural hazards shall include, but not be limited to, the following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (5) Members of walls, partitions, or other vertical supports that are of insufficient size to cant' imposed loads with safety. (6) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (c) Any nuisance. (d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. 6 HEALTH AND SAFETY CODE REFERENCE SERVICES PROFESSIONAL DEVELOPMENT SERIES (e) All plumbing, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and which is free of cross connections and siphonage between fixtures. (f) All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe conditions, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. (g) Faulty weather protection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) All materials of construction, except those which are specifically allowed or approved by this code, and which have been adequately maintained in good and safe condition. 0) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, 7 HEALTH AND SAFETY CODE REFERENCE SERVICES MOF MOKAL DEVELOPMENT SERIES combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. (k) Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. (1) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. (m) All buildings or portions thereof which are not provided with the fire-resistive construction or fire- extinguishing systems or equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for such occupancies. (o) Inadequate structural resistance to horizontal forces. "Substandard building" includes a building not in compliance with Section 17920.7. However, a condition which would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of construction, alteration, or conversion. 8 HEALTH AND SAFETY CODE Attachment "E" 8-302 CALIFORNIA HISTORICAL BUILDING CODE (7-1-95) (Part 8, Title 24, C.C.R.) one of more of the following:historical background,noteworthy architecture,unique design, works of art, memorabilia, and artifacts. "Historical Purity:"That which is free from alteration and is exactly as it appeared and was used in the past. "Original Materials:"Those portions of the structure's fabric that existed during the period deemed to be most architecturally and/or historically significant, as deter-' mined by the official designating historical agency. "Preservation:" The maintenance of the structure in its present condition or as originally constructed. Preservation aims at halting further deterioration and provid- ing structural safety,but does not contemplate significant rebuilding.Preservation in- cludes techniques of arresting or slowing the deterioration of a structure; improve- ment of structural conditions to make a structure safe,habitable,or otherwise useful; normal maintenance and minor repairs that do not change or adversely affect the fab- ric or appearance of a structure. "Prevailing Code:" The "regular building regulations", which govern the design and construction or alteration of non-historical buildings within the jurisdiction of the enforcing agency. "Qualified Historical Building:" A qualified historical building or structure is any structure,collection of structures,and their associated sites,deemed of importance to the history,architecture,or culture of an area by an appropriate local,state or federal governmental jurisdiction.This shall include designated structures on official existing or future national,state or local historical registers or official inventories,such as the National Register of Historic Places, State Historical Landmarks, State Points of His- torical Interest, and officially adopted city or county registers or inventories of his- torical or architecturally significant sites, places or landmarks. "Reconstitution:"A structure saved only by a piece-by-piece reassembly, either in situ or on a new site. Reconstitution in situ is ordinarily the consequence of disasters like war or earthquakes,where most of the original constituent parts remain. On oc- casion,it may be necessary to dismantle a building and reassemble it on the same site, but reconstitution on new sites is more common. "Reconstruction:"The process of rebuilding a non-extant structure or portion of a structure to its original appearance through archival and archeological investigation. Although parts of the original structure are sometimes included in the reconstruction, the process usually involves new construction materials. j "Rehabilitation:"Involves equipping the building or facility for an extended useful life with a minimum alteration of original construction or the process of returning a structure to a state of usefulness by repairs or alterations. "Relocation:"Involves any structure of a portion of a structure that may be moved to a new location. "Renovation:"To make sound again any structure involved under the various def- initions hereunder by cleanup,repair and replacement of deteriorated detail or struc- ture. "Repair:" Reconstruction, renovation, or renewal of any portion of an existing building for the purpose of its maintenance. "Replica:" See Facsimile. "Replication:"The process of making a copy, or an exact copy of an original struc- ture on a new site or a faithful reproduction so far as historical records of the original building would allow on the same or a new site. Also, the construction of an exact copy of a still extant building on a site removed from the prototype. Some buildings that may be involved in replication may be found on a historic building register even though they do not now exist. Only that part of the building that does not exist. (all or in part) is involved in replication or is a replication of the original. (EXPLANA- TORY NOTE:All portions of a structure that is either original or a replication may be involved in the construction process utilizing this code.). 1 8-10 Attachment "F" �$��tNARp�ti O p � n CITY OF C DEPARTMENT OF PLANNING & BUILDING SERVICES a (San Bernardino CODE COMPLIANCE DIVISION (909) 3845205 ENDED 1*A�0 Joseph and Therese Mastropaulo LOCATION: 750-752 W. 4th St. 16291 Magellan Lane SAN BERNARDINO, CA Huntington Beach, CA 92647 ASSESSORS NO: 134-093-23 ORDER NO: 2693 CASE NO: 94-0010 June 9 , 1995 OFFICER: R. Gaston Pursuant to action of the Board of Building Commissioners taken on June 1, 1995, a nuisance was found to exist at 750-752 W. 4th St. Attached hereto, is a copy of the Board of Building Commissioner's Order, which states the findings of the Board and any action necessary to abate the public nuisance (s) . As owner(s) and all vested parties of record you were notified in your previous Notice of Hearing that the Board's findings may be appealed to the Mayor and Common Council within fifteen (15) days of the late 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 . Inspector RG: jr cc: City Clerk Robert J. Huston, III , Attorney at Law, 4299 MacArthur B1. 1 -100, Newport Beach, CA 92660 Rita Kent, Fire Dept . AI Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North'D'Street,San Bernardino,CA 92418 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS 2 OF THE CITY OF SAN BERNARDINO AUTHORIZING 3 THE ABATEMENT OF A PUBLIC NUISANCE 4 5 ORDER NO. 2693 CASE NO. NST 94-0010 6 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 7 15, Chapter 15. 28, the Building Official has posted a building(s) 8 located at 750-752 W. 4th St. , San Bernardino, California, with a 9 "Notice to Abate Nuisance" and has notified the person(s) having 10 an interest in said property that the said building(s) or premises 11 constitute a public nuisance; 12 WHEREAS, pursuant to San Bernardino Municipal Code, the 13 Building Official has served a "Notice of Hearing Before the Board 14 of Building Commissioners of the City of San Bernardino", relating 15 to abatement proceeding, to the person(s) having an interest in 16 the above property, and has prepared a declaration of mailing of 17 the notice, a copy of which is on file in these proceedings; and; 18 WHEREAS, a hearing was held to receive and consider all 19 relevant evidence, objections or protests on June 1, 1995, and; 20 WHEREAS, there was an appearance by Joseph and Paul 21 Mastropaolo, having an interest in the above property. 22 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 23 24 25 26 27 28 I BOARD OF BUILDING COMMISSIONERS ORDER NO. 2693 CASE NO. NST 94-0010 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 750-752 W. 4th St. , 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. That the 10 Board accepts the foregoing conclusions, and finds that the 11 violations cited (except as modified herein) are valid and must be 12 abated by repair or rehabilitation, and hereby denies the appeal ; 13 and, that the owner shall submit plans as necessary within ten 14 (10) days, obtain necessary permits within thirty (30) days, and 15 complete the repairs and rehabilitation within sixty (60) days. 16 The property shall meet all applicable codes adopted by the City 17 of San Bernardino. 18 SECTION 3 . Upon the owner(s) of record failure to comply 1g with the order of the Board of Building Commissioners, the Code 20 Compliance Division shall proceed to initiate abatement action by 21 obtaining an Inspection/Abatement warrant to abate violations 22 noted. 23 24 25 26 27 28 A` 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 2696 CASE NO. NST 95-0005 2 PAGE 3 3 SECTION 4. Any person aggrieved by this order, may appeal to 4 the Mayor and Common Council by filing a written statement with 5 the City Clerk. The statement must include the order appeal, the 6 specific grounds of your appeal, and the relief or action sought. 7 This appeal must be received within fifteen (15) days from the 8 date of this notice dated June 9. 1995. 9 10 11 �� 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOARD OF BUILDING COMMISSIONERS ORDER NO. 2693 CASE NO. NST 94-0010 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 1st day of June 1995, by the following vote, to wit: COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso Carol Thrasher Amado Savala Larry R. Quiel "Joe" V. C. Suarez , Jr. Ruben B. Nunez Herbert Pollock Benjamin Gonzales Leo Cash, Jr. Clerk, Board of Building Commissioners The foregoing order is hereby approv th' st day of June, 1995. Chai man, Boa of ui ding Commissioners Approved as to form and legal content: James F. Penman, City Attorn By: ��� Attachment "G" 750-752 A 4th Street - Appeal of Notice of Violation Background: In response to a complaint from the San Bernardino Police Department regarding substandard conditions at 750-752 W. 4th Street, an inspection was made on January 11, 1995. On January 23 , 1995 a Notice of Violation was issued to the property owners, Joseph and Therese Mastropaulo, citing numerous violations of various sections of the San Bernardino Municipal Code, including but not limited to Section 15. 04 . 020, Uniform Housing Code Section 1001, Substandard Housing Conditions. On February 2 , 1995, Mr. Mastropaulo submitted an Appeal in regards several of the violations cited in the Notice of Violation. Analysis: The owner contends that certain violations cited in the Notice are for conditions that were either in compliance with the SBMC when the subject property was converted to multifamily use, or were inspected and permitted. The specific items appealed are as follows: A) Page 1, item 4 B) Page 1, item 5 C) Page 3, item 10 D) Page 5, unit 4 , item 1 E) Page 5, unit 4 , item 2 Applicability of Codes - General 1) All of these contested items are violations of the Ur:,.-form Housing Code, which is adopted by reference into the San Bernardino Municipal Code (15. 04 . 020) . UHC Section 103 states that the provisions of the Uniform Housing Code apply to all buildings, or portions thereof, used for human habitation. Existing buildings that meet the requirements of UBC 104 (c) may have their use continued provided they are not found to be substandard as defined by the Uniform Housing Code. Where they are found to be substandard, the sustandard conditions must be abated by repair or rehabilitation in accordance with UHC 202 . 2) The building Code requirements in effect at the time of the conversion of the front house into an apartment are applicable. The conversion appears to have been accomplished in a piecemeal fashion between the years 19.54 to 1958 as evidenced by the City's permit records (i.e� permits were obtained for the installation of heaters and kitcher: vents, but permits for other alterations to accomplish the conversion were apparently not obtained) . Therefore, for the purpose of considering the merits of the appeal, we have assumed that the 1952 Editions of the codes are applicable. An analysis of each of the violations under appeal follows. A) Page 1, item 4 : Inadequate exits - i.e. inadequate width and height. Analysis: The UHC Section 1001 (1) states that exits found to be in violation of the code requirements in effect at the time of their construction are substandard. In reviewing the 1952 UBC we found that the code did not specify an exit door width where the occupant load is less than ten. The Uniform Fire Code, Section 12 . 101 states that exits built in compliance with a previous code may be considered as complying exits, unless in the opinion of the fire chief, they constitute a distinct hazard to life. In confering with the Fire Department, this is not the case. Conclusion: Based on the foregoing analysis, the exit door widths from the individual apartments which are less than 36 inches in width and less than standard height are allowable. The two main exits from the building on the ground floor which serves an occupant load of 12 must comply with the width requirement. B) Page 1, item 5: Inadequate Exits - The headroom clearance on the stairways is inadequate (i.e. 5'-610) . Analysis: The Uniform Housing Code, Section 1001 (1) specifies that exit facilities shall be considered substandard if they were not constructed in accordance with the code requirements in effect at the time of their construction, or if the building official finds that an unsafe condition exists. The 1952 Uniform Building Code, Section 3305 (1) required that stairways be provided with a headroom clearance of at least 61-611 . We have made the determination that the reduced height of 5'- 6" constitutes a hazardous condition for persons of average or greater height when exiting, especially under emergency .conditions. In addition, it is noted that a building permit was not obtained for the installation of the stairwells or for the installation and alteration of the interior walls at the time of the conversion in the 1950's. Conclusions: The violation as cited is valid and constitutes a hazardous condition, and must be abated by repair or rehabilitation in accordance with UHC 202 . C) Page 3 , item 10: Inadequate Floor Area - The following units do not have adequate living space: 2, 3, 4, and 6. (SSMC 15.04.020, UHC 503 (b) ) D) Page 5, unit 4 , item 1: Inadequate room dimensions and ceiling heights in the sleeping room. Analysis ( C & D) : The requirements contained in UHC 503 (b) and (c) relating to minimum floor areas, room dimensions, ceiling heights, and sanitary facilities for dwelling units are not exempted by compliance with requirements in effect at the time of construction. These minimum standards apply to all existing dwelling units regardless of whether they complied with earlier codes. The intent of the code in this respect is to provide adequate living space and air volume within dwelling units in order to promote healthful, sanitary and livable conditions. The substandard units identified do not come close to meeting these minimum requirements. Conclusion: The violations as cited are valid and constitute substandard conditions and must be abated by repair or rehabilitation in accordance with UHC 202 . E) Page 5, unit 4 , item 2 : Lack of required emergency egress from the sleeping room. An approved emergency escape window with minimum net opening dimensions of 20" wide and 24" high, and a minimum opening area of 5.7 square feet is required. (UHC 801 and UBC 1204) Analysis: The requirement for emergency escape and rescue windows in rooms used for sleeping apply to all existing dwelling units regardless of whether they complied with earlier codes. The intent of the code in this regard is to provide sleeping rooms with an adequately sized opening directly to . the exterior to allow occupants to escape under emergency conditions (e.g. fire) , and to provide an adequately sized opening to facilitate rescue operations by fire department personnel. Conclusion: The violation as cited is valid and constitutes an unsafe and substandard condition, and must be abated by repair or rehabilitation in accordance with UHC 202 . Staff Recommendation: A. That the Board accepts the foregoing conclusions, and finds that the violations cited (except as modified herein) are valid and must be abated by repair or rehabilitation, and hereby denies the appeal, and B. That the owner shall submit plans as necessary within 10 days, obtain necessary permits within 30 days, and complete the repairs and rehabilitation within 60 days, or C. That the Board upholds the appeal, in whole or in part, based on findings to be established by the Board. Attachment "H" f ----------- FOR OFFICE USE ONLY Departments Receiving Copies: Date Time Stamp: Gity Citz Clerk Lien cQod �... RECr'VEp - ,I?'( CLEPY original to; 'Y p '95 FED nt 4rmadon: city Account 001-00041304 CITY OF SAN BERNARDINO NOTICE OF APPEAL =- IMPORTANT INFORMATION: Pursuant to Council Action, the following fees will be Imposed relative to Mayor and Common Council Action: 1) Appeals - $75.00 for all building, weed, and vehicle appeals; $110.00 for planning appeals; 2) Continuance Request - $75.00. All Mayor and Common Council appeals and requests for continuance must be filed in the City Clerk's Office accompanied by the appropriate fee. Requests for continuance shall be decided at the discretion of the Mayor and Common Council, Complete All Information Appellant Name JOSEPH and THERESE MASTROPACLO & Address: 16291 Plaaellan Lane " tino-tor. PPar}) • CA Q,) i;L7 Contact Person ROBERT J. HUSTON, TII, Attorney at Law & Address: 42Q9 MacArthur Boulevard , Suite inn T � rt- Raan ('a Q�)ti Contact Person Phone (714 ) 476-026O (714 ) 644-4333 Number: Day: Evening: Affected Property 7 9 n West 4th Street Address & AM. # San Bernarntno, cA APN #134-093-23 Type of Appeal - Check One Mayor and Common Council Other Legislative Bodies Planning Commission Board of Building Commissioners Building Abatement Police Commission Weed Abatement x Other/Explain: Planni niz & Building, Serv- Vehicle Abatement Other/Explain: (continue next page) A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64)s 1. The specific action 60wed, and date of that action: Notice of Violation for Substandard Conditions at 79n=752 West 4th Street, issued by Ron Gaston ' General Building Inspector, Department of Planning and wilding Services , on January 23 , 1995, copy attached . I 2. The specific groun s of appeal: The following alleged violations are for conditions that were either in compliance with SBMC when the subjjct property was converted to multifamily use, or were inspected and permitted : Page 1 , item 4 ; Page 1, item 5 ; Page 3 , item 10 ; Page 5 , unit 4 , items 1 and 2 . i 3. The acdons(s) sou�ht from the legislative body: Re t ra c t n o t i c e o f violation insofar as it extends to those matters set forth i.n Paragraph 2 . i 4. Any additional information: i Signature of Appellant: 1 - February 2, 199 Date: Attachment "I" NARp� RooPo HN C I T Y O F DEBBIE ALVILLAR Poke PAT LEATHERS >- Mayors OHIce n- �n 13ernardino ROB ilding Building ED t� RITE KENT VENUS WILLIAMS VeNcle Abatement N E 1 0 H B O R H O O D S E R V I C E S T E A M January 23 , 1995 Joseph and Therese Mastropaulo 16291 Magellan Lane Huntington Beach, CA 92647 RE: Notice of Violation for Substandard Conditions at 750-752 W. 4th Street Dear Mr. & Mrs. Mastropaulo, As a result of the inspection of the above referenced property conducted by city inspectors on January 11, 1995, the enclosed Notice of Violation is being issued. We apologize for the delay in issuing this notice, but you will note that the violations cited are very extensive. In addition, very careful consideration was taken in determining which code requirements are applicable. Applicability was generally determined based on the following criteria: 1. Current Uniform Housing Code and property maintenance requirements are applicable to all existing housing units. 2 . The building code requirements in effect at the time of the conversion of the front house into an apartment are applicable. The conversion appears to have been accomplished in a piecemeal fashion between the years 1954 to 1958 as evidenced by the city's building permit records. Therefore, the 1952 editions of the codes are considered the standard. 3 . Where current codes are less restrictive than the 1952, editions, the current codes requirements were used. i 4 . Where life safety hazards exist they are cited regardless of " the date of construction. The Notice of Violation indicates that the violations must be corrected within 30 days. This should be adequate time to make most of the corrections. Since plans must be submitted and approved to reconfigure the floor areas of the second floor units this will likely take additional time. If the plans are submitted 2 7 3 E . K I N G M A N S T . S A N 9 E R N A R D I N 0 , C A L I F O R N I A 9 2 4 0 1 - 1 5 5 9 ( 9 0 9 ) 8 8 9 - 1 6 3 4 within 30 days, and a good faith effort is made to correct the other violation, additional time may be granted to reconfigure the undersized units. This notice pertains only to building, housing, and property maintenance violations. Other violations such as those pertaining to fire code requirements may be cited under a separate notice. If you should have any questions regarding the violations or corrective actions necessary, please contact our office. We look forward to assisting you in resolving the substandard conditions, and thereby improving the living conditions of the tenants, as well as the community at large. Your prompt attention to this matter is very much appreciated. Sincerely, �( Ron Gaston General Building Inspector CC: A.Boughey, Director F.Rhemrev, Deputy City Attorney R.John, NST Leader, P.D. J.Lease, Building Inspection Supervisor R.Kent, Fire Prevention Officer File f NOTICE OF V City of San Bernardino Department of Planning and Building Services 300 N.'D'St.,San Bernardino,California 92418-0001 (909)384-5071 FAX(909)384-5463 PropertyLocation: 750-752 West 4th Street Date: Jan 23, 1995 Owner. Joseph and Therese Mastropaolo Address: 16291 Magellan Lane City: Huntington Beach State: CA Zip Code: 92647 You are hereby notified that the following violations of the San Bernardino Municipal Code exist on the above referenced property: SRMC 15.04_n20 IIHC 1001 (a) - SthStandard Btildin9� The apartme buildiny and dwellings on this property are hereby declared to be substandard. Substandard conditions must be abated—by repair. All violations noted in Attachment A Pages 1 through 8 are incorporated herein as pa rt of WE Notice of Violation. You are hereby ordered to stop work in regards to unpermitted construction in progress Obtain all necessary permits prior to recommencing work (SBMC 15 04 020, UAC 202(d)) )U Permits Required (UAC 301a) O Special investigation and fee required (UAC 304 d) U Plans Required for the reconfiguration of floor areas in second floor units. C) Other The above listed violations must be corrected within 30 days. Please notify the undersigned inspector when the corrections have been completed. If you have any questions, please call this Department. Thank you, your cooperation is appreciated. Inspector'sName Ron Gaston Signature one(909)384-5498 Legal Notices: If you object to the determination concerning this notice,you must file a written APPEAL with the City Clerk within 10 days from the date ofthis notice. Failure to correct the listed violations may result in the City placing a NOTICE OF PENDENCY upon this property until such time as the violations are corrected, or may result in other legal action as appropriate. Compliance with this notice,before, on,or after the above compliance date does not prevent prosecution by the City Attorney's Office on any of the above violations of the San Bernardino Municipal Code. Violations are punishable by a Fine of up to$500 and/or imprisonment in the county jail for a period of up to six(6)months. Distribution: WHITE-Mail to owner CANARY-Inspector PINK-File HARDCOPY-Post - PLAN-13.04 (7.9 ) Attachment A Page 1 Notice of violation: 750 W. 4th St. January 23, 1995 Inspection Date: January 11, 1995 By: Ron Gaston, Joseph Lease GENERAL The following violations were observed in common areas, or in various units as indicated. 1. Faulty weather protection - i.e broken or cracked window glass. Replace glazing where damaged. (SBMC 15. 04 . 020, UHC 1001 (h) 2) Affected areas: dormer at front, unit 1 2 . Inadequate sanitation - Lack of required ventilation. All window assemblies which are designed to be openable to meet the requirement for natural ventilation must operate properly. Many windows are either painted or nailed in the closed position. (SBMC 15. 04 . 020, UHC 1001 (b) ) Affected units: 5, 6,7 3 . Lack of, or inoperable smoke detectors. All rooms used for sleeping purposes, and all hallways or other rooms which provide access to sleeping rooms, must be provided with an operable smoke detector. In some cases smoke detectors are mounted too low on the walls (refer to manufacturers instructions) . Also, a smoke detector must be installed on the ceiling of the second floor in close proximity to the stairway. (SBMC 15. 04. 020, UBC 1210 and UBC Appendix Chapter 1, Div. I, sec. 115) Affected units: 2, 3, 5, 6, 7, 8, 9 . 4. Inadequate Exits - The exit doors provided from each dwelling unit, as well as exit doors in the corridor, do not meet the minimum width and height requirements (i.e. minimum 36Q, wide (32"net) % 61-811 high) . At least one complying exit door must be provided for each unit. All exit doors serving the corridor must comply. (SBMC 15. 04 . 020, UHC 1001(1) and 801, UBC 3304 (f) ) Affected Units: 1 through 9 5. Inadequate Exits - The headroom clearance on the stairways is inadequate (i.e. 5-1-611) . A minimum of 618" headroom clearance is required. (SBMC 15. 04 . 020, UHC 801 and 1001(1) , UBC 3306 (o) ) 6. Construction/Alterations without required permits or inspections. (SBMC 15. 04 . 020, UAC 301 (a) ) Unpermitted items include the following: A. Fourteen (14) aluminum frame windows in various units. Attachment A Page 2 Notice of violation: 750 W. 4th St. January 23, 1995 B. Electrical wiring installed without required permits or inspections. This pertains to all units, except unit 1, which was rewired under permit no. 74285. The wiring systems in the units have been expanded or partially rewired. Various receptacles and light fixtures have been added. C. Two electrical subpanels replaced on the exterior north side of the front building. D. Replacement of kitchen sinks. Affected units: 1, 2, 3, 4, 8, 9 E. Remodel of Unit 2 to include rewiring, removal and reinstallation of drywall, replacement of windows, etc. (note: The interior was gutted at the time of the inspection. ) F. Shower and lavatory in unit 6. G. The "common use" bathroom on the second floor to include the fiberglass bathtub/shower, lavatory and water closet. H. The fiberglass bathtub/shower in unit 8. I. The installation of security bars on bedroom windows. Design approval from the Fire Department is Required. J. The water heater in unit 9 (was replaced) . K. The bathtub/shower, lavatory, and toilet in unit 9. 7. Hazardous or Substandard Electrical Wiring. (SBMC 15.04. 020, UHC 1001(e) ) A. Ungrounded groundinq-type receptacles. All grounding type receptacles must be properly grounded. Replacement of non-grounding type receptacles is permitted for existing 2-wire systems only. If grounding-type receptacles are used they must be grounded or have GFCI protection. (SBMC 15. 04 . 020, NEC 210-7 and 210-7 (d) exc. ) Affected units: 2, 3, 4, 5, 6, 7, 8 . B. Extension cords are being used in lieu of permanent wiring, which is prohibited. Remove extension cords and provide ermanently installed receptacle outlets as needed. (SENC 15.04 . 020, NEC 400-8, 9, and UFC 85. 106 (a) ) Affected unites 4 , 5, 8 , 9 Attachment A Page 3 Notice of violation: 750 W. 4th St. January 23, 1995 C. The two electrical subpanels which were replaced on the north side of the front building are not listed for installation in wet locations. (SBMC 15. 04 . 020, NEC 300- 6 (a) ) 8. Hard surface floor coverings (i.e. tile, linoleum) are damaged in various locations. Repair as necessary. (SBMC 15.04. 020, UHC 1001(b) 13) 9. Lack of, or inoperable heating facilities. Furnaces must be operational and be capable of maintaining a temperature of 70 degrees fahrenheit at a point 3 feet above the floor in all habitable rooms. (SSMC 15. 04 . 020, UHC 701 (a) ) Affected Units: 1, 2 , 3 , 4 , 5, 6, 7, 9 10. Inadequate Floor Area - The following units do not have adequate living space: 2, 3, 4, and 6. (SBMC 15. 04. 020, UHC 503 (b) ) It is therefore substandard and may not be used as a dwelling unit. Its floor area should be combined with another unit to create a complying unit. Minimum floor areas for dwelling units are: 120 sq. ft. living room + 70 Sq. ft. bedroom + kitchen and bathroom of adequate size. The minimum floor areas for an "efficiency dwelling unit" (bachelor's apartment) are: 220 sq. ft. living room (plus 100 sq. ft. for each occupant in excess of two) + kitchen facilities + separate bathroom and closet. Kitchen facilities may be included in the floor area of the living room. 11. Inadequate Sanitation - Lack of required bathroom facilities to include toilet, lavatory, and bathtub or shower. Each dwelling unit or apartment must be provided with a bathroom. (SSMC 15. 04 . 020, UHC 1001 (b) 1) Affected Units: 2 , 3 , 4 12. Damaged wall coverings. Patch holes in walls. (SBMC 15. 04 . 020, UHC 1001 (b) 13) 13 . vehicle parked on unimproved surface (front lawn) . (SBMC 15.24 . 050A. 5) 14 . The driveway is damaged. (SBMC 15. 24 . 050A. 8) Attachment A Page 4 Notice of Violation: 750 W. 4th St. January 23, 1995 15. The blockwall and chain link fencing are damaged. (SBMC 15. 24 . 050A.7) 16. Unmaintained landscaping. Re-seed the lawn. (SBMC 15.24. 050A1) SPECIFIC VIOLATIONS: The following listed violations are specific to the units or areas indicated. UNIT 1 (vacant) 1. The ceiling in the living room and bedroom is water damaged. Repair as necessary. (SBMC 15. 04. 020, UHC 1001(j) ) 2 . Faulty Weather Protection - The deck above the rear bedroom in unit 1 is leaking. An approved deck coating should be installed on the deck. (SBMC 15. 04 . 020, UHC 1001 (h) , UBC 1708 (c) ) 3 . Hazardous Plumbing - open gas line. Unused gas outlets must be properly capped with a screw joint fitting. (SBMC 15. 04. 020, UHC 1001 (f) , UPC 1208 (b) and 1209 (c) ) 4. Inadequate Fire Protection - The enclosed space under the stairs which is used for storage must have 1-hour fire resistive construction on the interior. Install 5/8" type "X" drywall on the interior. (SBMC 15. 04 . 020, UHC 901, UBC 3306 (1) ) Also, flammable liquids should not be stored under the stairway. (SBMC 15. 04 . 020, UBC 1213 , UHC 1001 (1) and UFC 79. 201 (d) ) 5. Obstruction of Emergency Escape Window. The security bars on the emergency escape window in the bedroom are obstructed by the exterior stairway and do not fully open. (SBMC 15.04 .020, UHC 801, UBC 1204) 6. See general violations. UNIT 2 (vacant) 1. Hazardous Plumbing - The vent serving the kitchen sink is improperly terminated in the attic. Plumbing vents must extend 6 inches above the roof. (SBMC 15. 04 . 020, UHC 1001(f) and UPC 506) 2 . Hazardous Plumbing - open gas line. Unused gas outlets must be properly capped with a screw joint fitting. (SBMC 15. 04 . 020, UHC 1001 (f) , UpC laoa (bj and 1209 (c) ) Attachment A Page 5 Notice of violation: 750 W. 4th St. January 23, 1995 3. See general violations. UNIT 3 (occupied) See general violations. UNIT 4 (occupied) 1. Inadequate room dimensions and ceiling height in the sleeping room. Habitable rooms must have minimum dimensions of 7 feet and a minimum floor area of 70 sq. ft. , and ceiling heights of not less than 7'-611. (SBMC 15. 04 . 020, UHC 503) 2. Lack of required emergency egress from sleeping" room. The room used for sleeping must have an emergency escape window which opens directly to the exterior and having minimum opening dimensions of 20" wide X 24" high and a minimum openable area of 5.7 sq. ft. (SBMC 15. 04 . 020, UHC 801, and UBC 1204) 3 . See general violations. UNIT 5 (occupied) 1. Lack of required landing at the exterior door. Provide a minimum 36" X 36" landing. (SBMC 15. 04 . 020, UHC 801, and UBC 3304 (i) , (j) ) 2. Electrical faceplates are missing in various locations within the unit. All switches and receptacles must be provided with a faceplate to prevent accidental contact with live electrical parts. (SBMC 15. 04. 020, UHC 1001 (e) , NEC 380-9, 410-3, 410- 56 (d) , (e) ) 3 . Hazardous al.ectrical Wiring: A. The light switch located in the bedroom has been installed without the required outlet box. (SBMC 15. 04 . 020, UHC 1001 (e) , and NEC 300-15 (a) ) B. Damaged receptacle on the west wall of the bedroom. (SBMC 15. 04 . 020, UHC 1001 (e) ) C. Damaged ceiling light fixture in the bathroom. (SBMC 15. 04.020„ UHC 1001 (e) ) Attachment A Page 6 Notice of Violation: 750 W. 4th St. January 23, 1995 D. The globe is missing on the light fixture in the closet under the stairs. The globe is necessary to prevent combustible material from coming in contact with the incandescent light bulb. (SBMC 15.04 . 020, UHC 1001(e) , NEC 410-8 (b) ) 4. Hazardous Mechanical Equipment - The free-standing space heater is not properly vented (the vent is disconnected and terminates into the fireplace opening) . (SBMC 15.04 .020, UHC 1001(g) and UMC 901) 5. Inadequate Fire Protection - The enclosed space under the stairs which is used for storage must have 1-hour fire resistive construction on the interior. Install 5/811 type "X'f drywall on the interior. (SBMC 15. 04 . 020, UHC 901, UBC 3306 (1) ) 6. Roach infestation. (SBMC 15. 04 . 020, UHC 1001(b) 12) 7. See general violations. UNIT 6 (occupied) 1. Hazardous Plumbing - The slope on the trap arm is reversed. Provide a minimum of 1/4" per' foot slope in the direction of flow. (SBMC 15. 04 . 020, UHC 1001 (f) , UPC 407) 2 . Hazardous Electrical - Damaged light fixture in the kitchen. Replace the fixture. (SBMC 15. 04 . 020, UHC 1001 (e) ) 3 . Substandard Plumbing: A. An unlisted metal shower has been installed and is unsanitary. Replace with an approved fixture. (SBMC 15. 04 . 020, UHC 1001 (f) , UPC 901) B. Improper repair of trap arm/drain connection at lavatory (the connection is made with some type of putty material) . (SBMC 15. 04 . 0201 UHC 1001 (f) , UPC 801 and 804 (f) ) 4 . See general violations. UNIT 7 (occupied) 1. Hazardous Electrical Wiring - Exposed and improperly installed romex wiring 4;4 fox at light switch in the bathroom. The plastic box is listed for flush mount only, and is surface mounted. The eXterior sheath has been removed from the t Attachment A Page 7 Notice of violation: 750 W. 4th St. January 23, 1995 conductors prior to the point of entry of the cable into the box, thus exposing the conductors. Romex wiring may not be exposed where subject to physical damage unless protected by conduit, and the exterior sheath should extend intact into the box at least 1/411 . (SBMC 15. 04 . 020, UHC 1001 (e) , NEC 110- 3 (b) , 336-10(b) , and 370-7 (c) ) 2. Hazardous Mechanical Equipment - The single-wall vent connector on the furnace must have at least 61, clearance from combustible materials. (SBMC 15. 04 . 020, UHC 1001(g) , UMC 915(c) 2 .B) 3 . See general violations. Common Use Bathroom 1. Hazardous Plumbing: A. The bathtub/shower is not trapped and vented and is not properly installed. (SBMC 15. 04 . 020, UHC 1001 (f) , UPC 701 and 501) B. The lavatory trap assembly was not accessible, as required for inspection and repair. (SBMC 15. 04 . 020, UHC 1001(f) and UPC 904 (b) ) 2. See general violations. UNIT 8 (rear building - occupied) 1. Hazardous Plumbing - The water heater is installed in the bathroom, which is a life safety hazard, and therefore is prohibited. (SBMC 15. 04 .020, UHC 1001 (f) , 701(c) , UPC 10.4 (b) and 1309) 2 . The release mechanism for the security bars on the bedroom window is inoperable. (SBMC 15. 04 . 020, UHC 801, UBC 1204) ) 3 . See general violations. UNIT 9 (rear building - occupied) 1. Hazardous Electrical wiring: A. Exposed and improperly installed romex wiring and box at receptacle in the kitchen. Romex wiring may not be exposed where subject to physical damage unless protected by conduit. (SBMC 15.04 . 020, UHC 1001 (e) , and NEC 336- 10(b) Attachment A Page 8 Notice of violation: 750 W. 4th St. January 23, 1995 B. Splice in electrical cord serving the portable air conditioner in the bedroom. (SBMC 15. 04. 020, UHC 1001 (e) , UFC 85. 106) 2. Hazardous Plumbing - The water heater is installed in the bathroom, which is a life safety hazard, and therefore is prohibited. Also, required seismic straps and combustion air vents are not provided. (SBMC 15. 04. 020, UHC 1001(f) , 701 (c) , UPC 10.4 (b) , .1309, 1310(e) , and 1307 (a) ) Referenced Codes SBMC San Bernardino Municipal Code UAC Uniform Administrative Code UBC Uniform Building Code UMC Uniform Mechanical Code UPC Uniform Plumbing Code NEC National Electrical Code UHC Uniform Housing Code UFC Uniform Fire Code yoseph Mastropaolo 16291 Magellan Lane Huntington Beach,CA 92647-3524 Voice and Fax (714)847-6960 Entered into Record at November 4, 1996 CollociIICmvoevCms Mtg: BILL h - -- _ - - re Agetaiii Item /Co 7 TO: City of San Bernardino FROM: Joseph Mastro aolo Owner City ClerkICDC Secy T P P City of San Bernardino 750-752 West 4th Street San Bernardino RE: DAMAGES to the property 750-752 West 4th Street, San Bernardino as a result of the fraudulent Notice of Violation of 23 January 1995 and BBC Order 2693. ITEM AMOUNT Devaluation of the property as a result of the fraudulent Notice of Violation of 23 January 1995 and the fraudulent BBC Order 2693 -------------------------------------- $40,000.00 Rents lost because of the fraudulent Notice of Violation of 23 January 1995 and the fraudulent BBC Order2693 ------------------------------------------------------------------ 4,500.00 Legal fees to appeal the fraudulent Notice and Order 1,500.00 Labor to make unnecessary repairs demanded by the fraudulent Notice of Violation of 23 January 1995 and the fraudulent BBC Order 2693 -------------------------------------- 1,500.00 Architectural drawings demanded by the fraudulent Notice of Violation of 23 January 1995 and the fraudulent BBC Order 2693 -------------------------------------- 1,200.00 Permits for the unnecessary repairs ----------------------- 130.00 TOTAL $48,830.00 TERMS: Payable upon presentation, plus 0.044% interest for each day afte the above date.