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HomeMy WebLinkAbout17- Code Compliance CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bill Skiles, Code Compliance Subject: Appeal of Board of Building Commissioner's order Dept: Code Compliance Division 3505 Citrus Street, San Bernardino Date: October 11, 1996 MCC Date: NOVEMBER 4, 1996 Synopsis of Previous Council Action: ORIGINAL None Recommended Motion: Deny the appeal and uphold the finding of the Board of Building Commissioners Hearing held September 5, 1996. Bill Skiles, Code Compliance Manager Contact person: Bill Skiles Phone: 384-5122 Supporting data attached: Staff Report Ward(s):,-?' FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: t 4�f lj 171 L Agenda Item No. Iilyl9(p SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF November 4, 1996 REQUEST See attached appeal received from Kenneth Steele, of World Properties which by reference becomes a part of this report; Exhibit A BACKGROUND See attached Staff Report which by reference becomes a part of this report; Exhibit B The Code Compliance division case file history records indicate 3505 Citrus has an extensive history of S.B.M.C. violations as follows: 5/27/94 Building Complaint and Investigation Report received by Joe Lease 6/14/95 Complaint received. 6/20/96 A phone call received regarding the location. A Code Compliance Officer was routed to inspect. 6/21/96 Written complaint received. 6/26/96 Notice of Violation issued. 7/12/96 Re-inspection revealed non-compliance. Case scheduled the Board of Building Commissioner on August 3, 1996. 1/96 Additional complaint received. 1/9/96 Re-inspection made by the Code Compliance Officer. 1/9/96 A phone call received regarding location. A Code Officer was routed to inspect. Property was posted. 1/10/96 Written complaint received. 1/16/96 Notice of Violation issued. 2/13/96 Received letter stating compliance. 2/22/96 Received letter from complainant. 5/28/96 Received neighborhood complaint 7/23/96 Inspections made by the Building Inspector and a correction notice issued. 8/96 Inspection made by Joe Lease, Building Inspection Supervisor, a recommendation that this location be required to have a Geologic Report. 8-21-96 Based on the conditions as referenced a Notice of Hearing was issued and this item was scheduled for the September 5, 1996 Board of Building Commissioner's Hearing. RECOMMENDATION That the Mayor and Common Council deny the appeal and uphold the findings of the Board of Building Commissioners meeting held September 5, 1996. Attach: Appeal Staff Report Resolution Order Photos (to be distributed at meeting) Building Complaint & Investigation Report Letters from Property Owners Prepared by: Debra Daniel, Code Compliance Field Supervisor for Bill Skiles ----------------- FOR OFFICE USE ONLY Departments Receiving I Tpe Stamp: o ies: t�� �._v�z rLEr*K 6 DC' -3 P 2 :53 Orikinal to: DE ,eo. Payment Information: Date of Distribution: Last Updated: 3/26/96 D c 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 feed r, —y ,J 1 Complete All Information = v Appellant Name -TI & Address: World Properties, L.P. W x P. 0. Rox 1324 , Colton, CA 92324 Contact Person Gregory Ta. Rrittain, Attorney at I aw & Address: 339 North "T)" Bt. , gte 300, Ran Bernardino, CA Q2401 Contact Person Phone Number: Day: aOq-383-4579 Evening: 909-3R3-A570 Affected Property Address & APN # 3505 Citrus street, pan Bernardino, CA; 285-351 -30 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) i A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION(SBMC 2.64): 1. The specific action appealed, and date of that action: Please see attachment. 2. The specific grounds of appeal: Please see attachment. 3. The actions(s) sought from the legislative body: Please see attachment. 4. Any additional information: Please see attachment. Signature of Appellant: ,Trustee Date: October 3, 19A6 of tQhe general partner of World Properties , L.P. ATTACHMENT TO NOTICE OF APPEAL s 8 r 1. The specific action appealed, and date of that action: Appelant, World Properties, L. P. , is the record owner of the property. World Properties appeals the decision of the Board of Building Commissioners taken on September 05, 1996, and all its particulars, including that a nuisance exists at the above property, that said property should be demolished, that the property has an unsightly appearance from weeds, dry brush, overgrown vegetation, trash, debris and/or other items, that the owner should pay abatement costs in the amount of $522 . 72 . 2. The specific grounds of appeal: World Properties appeals on the following grounds : 1 . The property is not a nuisance . 2 . The property is safe for occupancy. 3 . World Properties has spent approximately $47, 000 . 00 repairing and improving the property. 4 . The problems observed by City inspectors in July of 1996, have been repaired. Appellant believes no further work is necessary. 5 . If there are any remaining problems with the property, they can be repaired. 6 . Appellant was unable to attend the Board of Building Commissioners meeting on September 5, 1996, due to an emergency at another property. Appellant attempted to schedule another hearing before the board of building commissioners so the matter could be dealt with at that level . However, that was not possible . 1 3. The actions sought from the legislative body: World Properties respectfully requests the following of the Mayor and Common Council : 1 . A finding that the property is not a nuisance; 2 . A finding that the property is safe for occupancy; 3 . If there are any remaining problems with the property, a reasonable amount of additional time to correct any such problems; and 4 . A finding that World Properties is not responsible for abatement costs in the amount of $522 . 72 . 4. Additional information: World Properties is still the record owner of the property. However, World Properties sold same to Kenneth Genine Fouse under a land sale contract . World Properties believes and contends it does not have any remaining legal responsibility for the property, either to the City or the buyers . However, World Properties feels some moral obligation to help the new buyers with this problem, if it reasonably can. It would be most unfortunate if Mr. and Mrs . Fouse had their home demolished. World Properties is filing this appeal to preserve its rights . However, its counsel, Gregory W. Brittain met with the City' s Code Compliance Supervisor, Debra Daniel, on September 25, 1996 . Ms . Daniel indicated the City would not necessarily insist the property be demolished. However, the City wanted assurance the property is safe for occupancy. World Properties is diligently working to provide such assurance and commissioned a structural engineering report on the property. Ms . Daniel also requested a geology report on the property. Geologists are very expensive, $4000 . 00 to $5000 . 00 , just to inspect and review the property. World Properties intends to discuss the engineering findings with the City and whether the expense of a geologist is really necessary. World Properties wishes to emphasize it wants to fully cooperate with the City in assuring the property is safe for occupancy and is not a nuisance . World Properties has spent considerable funds on the property and has complied with previous notices from the City to correct problems at the property. 2 World Properties and/or its counsel will be contacting Ms . Daniel . In the interim, if the City would like any additional information, or if staff has any questions, please feel free to contact Mr. Brittain at (909) 383-9570 . Mr. Brittain' s address is 330 North "D" St . , Suite 300 , San Bernardino, CA 92401 . 3 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO 2 ORDER NO. 2808 CASE NO. 8885 3 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15, Chapter 15.28, the Building Official has posted a building(s) 6 located at 3505 Citrus Street, San Bernardino, California, with a 7 "Notice to Abate Nuisance" and has notified the person(s) having 8 an interest in said property that the said building(s) or premises 9 constitute a public nuisance; 10 WHEREAS, pursuant to San Bernardino Municipal Code, the 11 Building Official has served a "Notice of Hearing Before the Board 12 of Building Commissioners of the City of San Bernardino" , relating 13 to abatement proceeding, to all person(s) having an interest in 14 the above property, and has prepared a declaration of mailing of 15 the notice, a copy of which is on file in these proceedings; and; 16 WHEREAS, a hearing was held to receive and consider all 17 relevant evidence, objections or protests on August 3, 1995, and; 18 WHEREAS, there was an appearance made by Kenneth Steele, the 19 property owner. 20 21 22 23 24 25 26 27 28 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 2808 CASE NO. 8885 2 PAGE 2 3 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. Based upon the evidence submitted, it was found 6 and determined that the building(s) and or premises located at 7 3505 Citrus Street, San Bernardino, California constituted a 8 public nuisance. 9 SECTION 2 . The Board of Building Commissioners accepted 10 staff's recommendations. The property owner(s) are hereby 11 directed to comply with the following requirements. Within ten 12 (10) days, the owner of record shall maintain existing landscaping 13 to include regular irrigation, pruning and cutting of lawn; Remove 14 and continue to keep property free of graffiti, weeds, dry brush 15 and overgrown vegetation; remove and continue to maintain property 16 by removing trash, debris and any other item causing an unsightly 17 appearance or improperly store; To prevent unauthorized entry, 18 the owners(s) of record shall secure and continuously maintain all 19 structures to FHA Board up Standards. Within ten (10) days, the 20 property owner shall obtain a pre-permit inspection report. The 21 property shall not be rented, leased or occupied until all 22 applicable permits have been obtained and repairs have been 23 inspected and approved by the Building Inspection Division. The 24 Property owner shall monitor this property no less than twice 25 monthly to insure property is maintained. Any further complaints 26 on this property will result in the property owner being cited. 27 The property shall meet all applicable codes adopted by the City 28 of San Bernardino. 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 2808 CASE NO. 8885 2 PAGE 3 3 SECTION 3 . Upon the owner(s) of record failure to comply 4 with the order of the Board of Building Commissioners, the Code 5 Compliance Division shall proceed to initiate abatement action by 6 obtaining an Inspection/Abatement warrant to abate violations 7 noted. 8 SECTION 4. It was determined that the City was required to 9 initiate abatement proceedings and incurred costs in the amount of 10 $455.08. These costs and any future additional abatements shall 11 be the personal obligation of the owner and if unpaid shall be 12 recorded as a special assessment on the county tax record. 13 SECTION 5. Any person aggrieved by this order, may appeal to 14 the Mayor and Common Council by filing a written statement with 15 the City Clerk. The statement must include the order number 16 appealed, the specific grounds of your appeal, and the relief or 17 action sought. The written appeal must be received within fifteen 18 (15) days from the date of this notice dated August 10, 1995. 19 20 21 22 23 24 25 26 27 28 /// BOARD OF BUILDING COMMISSIONERS ORDER NO. 2808 CASE NO. 8885 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 3RD day of AUGUST 1995, by the following vote, to wit: COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso ?� Carol Thrasher x Amado Savala X Larry R. Quiel "Joe" V. C. Suarez, Jr. Ruben B. Nunez X Herbert Pollock �C Benjamin Gonzales Leo Cash, Jr. X erk, Board of ing Commissioners The foregoing order is hereby approved this 3RD day of AUGUST, 1995. C'ha oard of it n ommissioners Approved as to form and legal content: James F. Penman, City Atto ney By: r`, %° Case No: 8885 BBC Background Report - 3505 Citrus Street Officer: A. L. Williams 01/09/96 An inspection was made by the Code Compliance Division. At the time of inspection the following conditions were observed in violation of SBMC 15 .24 . 040 . 15 . 24 . 040A4 - Trash Debris and Litter 15 . 24 . 040a9 - Graffiti 15 . 24 . 040a12 - Unsecure Unmaintained Pool Conditions in violation of the SBMC could be viewed from the Public Right-of-Way, therefore no consent to inspect was required. The property was posted with a notice of violation. 01/16/96 A ten (10) day notice to abate violations was mailed to the property owner (s) via certified mail, with no response. 02/11/96 A followup inspection was made and found the trash was being removed and the pool being drained. 02/15/96 The Code Compliance Division received a letter from Mr. Kenneth Steel, of Alcon Real Estate, advising the property has come into compliance. 06/20/96 Another followup inspection was made and found workers cleaning the interior of the dwelling, trimming vegetation overgrowth, and workers loading trucks. 07/23/96 An inspection by Building Inspectors found the house has a very large crack seperated vertically and horizontally through the house . This has effected the integrity of the structure . There is another crack in the floor causing the house to slide off the foundation and a crack runs across the paved area in the rear yard and extends through the pool floor and wall . 08/21/96 A Title Report received identified the owners (s) of record and all vested parties . A Notice of Violation and Statement of Direct costs was sent to all parties via certified mail scheduling this matter before the Board of Building Commissioners . STAFF RECOMMENDATION (A) That the Board finds a nuisance existed at the time of original inspection and continues to exist; (B) Within ten (10) days, the property owner shall obtain required permits to demolish the structurally damaged structure. All required work must be completed within thirty (30) days. All work completed must be inspected and approved by the Inspection Services Division. Owner(s) shall maintain the property free from weeds, dry brush, overgrown vegetation, trash, debris or any items causing an unsightly appearance. . t ARD�� SQ 9� CITY OF DEPARTMENT OF PLANNING & BUILDING SERVICES o e CODE C 90 844-5205 SIGN Ban I)emar(Aino ED tN,ego 3505 CITRUS STREET Officer CASE #8885 - AL WIRSTMNOTICE JUNE 26, 1995 PAGE 2 Staff Costs - Attorney Fees judicial Also, any additional costs assessed due to possible rocess. In addition to the above a 40�c all bey charged to contractor the p plus an addition abatement costs pas a lien upon the property and shall become the property owner(s) of record. person?l, obligation of the owner(s) referenced, you By acting immediately to correct the violation(s)yu object to the will avoid these and any future costs. determination of cited violation(s) , you must fs from the date protest to the City Clerk no later than ten (10) day of this notice. If contact the officer assigned to I Y ou have any questions please d this complaint between the hours of 7 :30-8:30am and 4:00-5' P Friday from 7 : 30-8:30am an Monday through Thursday and every other Please provide either the case 3 : 30-4: 30pm at ( 384-5205. number, complaint number or the prop erty address. to in supporting the Code Compliance Division gre greatly Your assistance rance of our city hone maintain the safety and appea reference p appreciated. You may contact me at the above number if you require further assistance. Sincerely, AL WILLIAMS Code Compliance Officer ALW:m&- ion cc: Cindy BuechterB1nHighlandStCAt92346 Tenant, 3505 Citrus, Al Boughey,Director of Planning a d Buuil ding services/Debra no,CA Daniel, g de Compliance Supervisor 300 North CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING AND BUILDING SERVICES BUILDING COMPLAINT AND INVESTIGATION REPORT ADDRESS _�a�Sy �I%i � APT/SPACE NO. RECEIVED BY �- •- DATE HOW LONG S VIOLATION EXISTED? NATURE OF COMPLAIN 496i2Z ty Lr, T - REPORT&ACTIONS L�. c/PLC//G�� 1��'Pei�9�'S �i� L?iWq 4 71-Am- .S�.Pv�fig �cfi t rife/ ee,�� r��r1�9GFD ,( l DATE ILDING INSPECTOR Use 6.2R Construction&Mobile Home Distribudoe: Whke-High Density Pink-Code Enforcement u//-Inspect File PLAN-13.05 (9.92) F City of San Bernardino 07-25-96 Resident Service Request Public Information Office 300 North D Street - San Bernardino, Ca. 92418 (714) 384-5211 Request Number: 41753 Mailer Y/N: No Request Type : 122 Property Nuisance Unsightly Pr Projected Resolution Referral Dept : 181 Building & Safety Date : 06-29-95 Contact Name: Debra Daniels Ext : 5205 Municipal Code : 8 . 33 . O1OK/100 Location: 3505 CITRUS OFF PALM Complainant : Address : City, State, Zip: Phone : Ward: 5 Taken By: M LAWSON Date : 06-14-95 Time: 11 : 12AM Description: TRASH IN YARD AND GARAGE MAY BE OPENED 836-AW 4/8/96 - T/D, PEOPLE MOVING IN AND OUT AND HOUSE NOT UP TO CODE Action Taken: INITIAL INSPECTION Date: 01-09-96 By Whom: A WILLIAMS NTA MAILED; CASE 8885 Date: 01-16-96 By Whom: A WILLIAMS (JR) WORKERS INSIDE CLEANING; LOADING TRUCK; CUTTING AND TRIMMING OVERGROWTH; NOP ON FILE?? Date : 06-20-96 By Whom: A WILLIAMS Closed Date: 07-25-96 By: J RHODEN C i t y O f S a n B e r n a r d i n o Office of the Mayor Interoffice Memorandum To: Director, Code Enforcement From: Jean Andersen, Mayor' s Representatiyle?,� e` 6- Subject: 3505 E . CITRUS Date: June 21, 1995 Copies: I spoke with Danny Nolfo yesterday regarding problems at the above address . He said someone would go out yesterday to check on it . This morning the citizen called me back to give further details : The house slipped off its foundation as a result of rain damage . The interior is badly cracked. The original owners walked away from it (it was supposedly "red-tagged" by the city) . Kenneth Steele of Grand Terrace held a second trust deed and bought it at auction. There is a continuing problem with transients and drug dealers using the house . The SBPD has been called on several occasions and it was their recommendation that your department be contacted. There is no power or water, the inside has been totally gutted, including cabinets and sinks, trash is piled to the ceiling in one room, etc . There is stagnant water in the pool . The complainant would like the house bulldozed, or at least have the gate padlocked so transients can' t get in. What can we do and how soon can we do it? Many thanks, Debra . ISARp�'kD CITY OF C DEPARTMENT OF PLANNING & BUILDING SERVICES Bernardino CODE C(9 9) 384-520DIVISION i.' O �oG'�DED ►!1 fie` , ALCON REALITY FUND 92-6 LTD RE: 3505 CITRUS ST PO BOX 1324 SAN BERNARDINO, CA. COLTON, CA 92324 CASE: 8885/COMPLAINT:41753 OFFICER: AL WILLIAMS JUNE 26, 1995 Dear Owner(s) : 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. 040. You are required to correct these violations within TEN (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. VIOLATIONS) AND CORRECTIVE ACTION REQUIRED: SFR SINGLE FAMILY RESIDENCE (SBMC 15.24.050) A2 UNMAINTAINED LANDSCAPING TREES, SHRUBS, LAWNS AND OTHER PLANTINGS SHALL BE MAINTAINED, INCLUDING REGULAR IRRIGATION, PRUNING AND CUTTING OF LAWN. A3 WEEDS, DRY BRUSH AND OVERGROWN VEGETATION PROPERTY SHALL BE FREE OF DEAD OR OVERGROWN VEGETATION, INCLUDING WEEDS, TREES OR LIMBS WHICH ATTAIN EXTENSIVE GROWTH AND BECOMES A FIRE MENACE WHEN DRY. PLEASE REMOVE OR TRIM ACCORDINGLY. Al2 UNMAINTAINED POOL POOLS SHALL BE SECURELY FENCED AND ADEQUATELY MAINTAINED AS REQUIRED BY CODES. PLEASE INSPECT YOUR PROPERTY TO ENSURE COMPLIANCE WITH THESE REQUIREMENTS. 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(s) of record will incur the following direct costs: - Proceeding Establishment Costs - Certified Mailing Costs - Hearing Costs - Photograph Costs Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street,San Bernardino,CA 92418 ? 14ARp,~p r o CITY OF DEPARTMENT OF PLANNING & BUILDING SERVICES a� CODE COMPLIANCE DIVISION ban Bernardino (909) 384-5205 ED I ALCON REALTY FUND 92-6 LTD 3505 CITRUS STREET PO BOX 1324 SAN BERNARDINO, CA COLTON, CA 92324 CASE #8885/COMPLAINT #41753 ATTN: KEN STEELE OFFICER: A. L. WILLIAMS PARCEL NO: 285-351-30 JULY 20, 1995 Dear Owner(s) : THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. On JUNE 26, 1995 the property owner of record was notified via certified mail that the above referenced property is in violation of the San Bernardino Municipal Code 15. 04 . 020. At that time it was requested that the property owner perform certain corrective measures in order to comply with the City of San Bernardino Property Maintenance Standards. On JULY 12,1995 a subsequent inspection revealed that the requested corrections were not completed. This notice is to emphasize our continuing efforts to improve and maintain the safety and appearance of our City, and to advise you that the cited violation(s) must be corrected within 10 DAYS FROM THE DATE OF THIS NOTICE. VIOLATIONS) AND CORRECTIVE ACTION REQUIRED: SFR SINGLE FAMILY RESIDENCE (SBMC 15.24.050) A2 UNMAINTAINED LANDSCAPING TREES, SHRUBS, LAWNS AND OTHER PLANTINGS SHALL BE MAINTAINED, INCLUDING REGULAR IRRIGATION, PRUNING AND CUTTING OF LAWN. A3 WEEDS, DRY BRUSH AND OVERGROWN VEGETATION PROPERTY SHALL BE FREE OF DEAD OR OVERGROWN VEGETATION, INCLUDING WEEDS, TREES OR LIMBS WHICH ATTAIN EXTENSIVE GROWTH AND BECOMES A FIRE MENACE WHEN DRY. PLEASE REMOVE OR TRIM ACCORDINGLY. Al2 UNMAINTAINED POOL POOLS SHALL BE SECURELY FENCED AND ADEQUATELY MAINTAINED AS REQUIRED BY CODES. PLEASE INSPECT YOUR PROPERTY TO ENSURE COMPLIANCE WITH THESE REQUIREMENTS. All Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North'D"Street,San Bernardino,CA 92418 NARn U p CITY OF DEPARTMENT OF PLANNING & BUILDING SERVICES a� CODE COMPLIANCE DIVISION (San Bernardino (909) 384-5205 G^�ED 1N�0 3505 CITRUS STREET Case #8885 - A L WILLIAMS,Officer JULY 20, 1995 Page 2 The building and or property has been posted: YES Pre-permit inspection required: NO If a pre-permit inspection is required, this is due to the substandard condition and numerous violations observed at the time of inspection(s) . You are required to obtain a pre-permit report from the Building Inspection Division located at 300 North "D" Street, Third Floor, San Bernardino, CA 92418. This report provides a detailed list of structural and property maintenance violations which may require rehabilitation permits. A hearing on this matter had been scheduled for THURSDAY, AUGUST 31 1995 at 9:00 A.M. before the Board of Building Commissioners, at 300 NORTH ''D" STREET, CITY COUNCIL CHAMBERS, SAN BERNARDINO CA 92418. Evidence will be presented by staff at this hearing pertinent to the abatement proceedings and direct costs incurred. You have a right to present evidence at this hearing challenging the abatement. Based upon your failure to correct the violation, a Notice of Pendency of Administrative Proceeding is being filed with the County Recorder to give public notice of action taken by the City of San Bernardino. A processing fee is automatically assessed at the time of recordation. The direct costs of the abatement proceedings incurred by the City are attached for your review. If the abatement action and costs are upheld by the Board of Building Commissioners, the City shall place an assessment lien on the above property for all costs incurred. That amount must be paid to the City Clerks Office at 300 North I'D$' Street, Second Floor, San Bernardino, CA. 92418, within 15 days from the date of the Board of Building Commissioner's hearing. If you disagree with the findings of the Board of Building Commissioners, you may appeal your case before the Mayor and Common Council. Your appeal must be in writing and is to be submitted to the City Clerk's Office within fifteen (15) days of your hearing date. A fee of $75. 00 must accompany your request. Your written appeal must include: AI Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street;San Bernardino,CA 92418 NARD�NO S� �9 A o CITY OF r ? DEPARTMENT OF PLANNING & BUILDING SERVICES (San Bernardino CODE CO 9) 845205 ISiON •�Dp'�'DED'IN 3505 CITRUS STREET Case #8885 - A L WILLIAMS,Officer JULY 20, 1995 Page 3 (1) Case number and property location (2) specific grounds for appeal (3) Relief or action sought from the Mayor & Common Council If you have any questions, please contact the Code Enforcement Division at (909) 384-5205 Department of Planning & Building Services Code Enforcement Division By: a q, A L WILLIAMS Code Compliance Officer ALW:ml Att: STATEMENT OF COSTS CC: City Clerk's Office Greg Lee, Account Clerk TENANT, 3505 CITRUS STREET, SAN BERNARDINO, CA 92346 Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street,San Bernardino,CA 92418 ���►tWARp�� O c r O CITY OF DEPARTMENT OF PLANNING & BUILDING SERVICES v •ate CODE COMPLIANCE DIVISION •�O `p Ban bcrnardino 490913845205 ED 1114 STATEMENT OF COSTS CASE NUMBER: 8885 Date: JULY 20, 1995 Location: 3505 CITRUS STREET SAN BERNARDINO CA Parcel Number: 285-351-30 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino as a result of abatement proceedings recently completed at the above referenced property. DIRECT COSTS Code Officer Costs: $23 . 00 Hr X 3 $ 69 . 00 Clerical Staff Costs: $15. 00 Hr X 2 $ 30. 00 Supervisor Costs $28. 00 Hr X 2 $ 56. 00 City Clerk Costs $ 22 . 00 Attorney Costs $ 40. 00 Vehicle Mileage (REPEAT TRIPS) .50 per mile X 20 $ 10. 00 Photographs $2 . 00 each X 9 $ 18. 00 Title Search $ 25. 00 Certified Mailing $2 .52 each X 4 $ 10. 08 Notice of Pendency $ 125. 00 Hearing Costs $ 50. 00 SUBTOTAL $ 455.08 CONTRACTOR COSTS Contractor: $ ------- 40o Administrative Costs $ ------- Subtotal $ ------- Previous costs incurred: Contact City Clerk for $ ------- previous fees incurred Total Amount Due $ 455.08 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: aug 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 BBC Background Report - 3505 CITRUS Case No: 8885 Officer: A L WILLIAMS 6-20-95 An inspection was made by the Code Compliance Division. The following conditions were observed in violation of the SBMC: S.B.M.C. 15.24.040 (A2) UNMAINTAINED LANDSCAPING S.B.M.C. 15.24.040 (A3) WEEDS S.B.M.C. 15.24.040 (Al2) UNMAINTAINED POOL Conditions in violation of the SMBC could be viewed from the Public Right-of-Way, therefore no consent to inspect was required. The property was posted with a notice of violation. 6-26-95 A ten (10) day notice to abate violations was mailed to the owner(s) of record via certified mail with no response. 7-12-95 A reinspection was made and the following conditions were observed in violations of the SBMC. CODE SECTION VIOLATION SBMC 15.24.040 A2 UNMAINTAINED LANDSCAPING SBMC 15.24.040 A3 WEEDS SBMC 15.24.040 Al2 UNMAINTAINED POOL 8-3-95 A Title Report received identified the owners(s) of record and all vested parties. A Notice of Violation and Statement of Direct costs was sent to all parties via certified mail scheduling this matter before the Board of Building Commissioners. STAFF RECOMMENDATION (A) That the Board finds a nuisance existed at the time of original inspection and continues to exist; (B) Within Ten (10) days, the owner of record shall maintain existing landscaping to include regular irrigation, pruning and cutting of lawn; Remove and continue to keep property free of weeds , dry brush and overgrown vegetation; Remove and continue to maintain property by removing trash, debris and any other item causing an unsightly appearance or improperly store; To prevent unauthorized entry, the owner(s) of record shall secure and continously maintain all structures to FHA Board up Standards. The property shall not be rented, leased or occupied until all applicable permits have been obtained and repairs have been inspected and approved by the Building Inspection Division. C) Upon the owner(s) of record failure to comply with the order of the Board of Building Commissioners, the Code Compliance Division shall obtain an Inspection/Abatement warrant to abate violations noted. Q�StNARB - CITY OF DEPARTMENT 01 PLANNING & BUILDING SERVICES (San Bernardino CODE C MPL 8NCE DIVISION �. Alcon Realty Fund 92-6 LTD RE: 3505 Citrus Street P. O. Box 1324 SAN BERNARDINO, CA Colton, CA 92324 ASSESSORS NO: 285-351-30 Attn: Ken Steele ORDER NO: 2808 CASE NO: 8885/COMPLAINT: 41753 OFFICER: A. Williams August 10, 1995 Pursuant to action of the Board of Building Commissioners taken on August 3, 1995, a nuisance was found to exist at 3505 Citrus Street. 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- 0� F Code /gr cc: City Clerk Tenant, 3505 Citrus Street, SnBdno, CA 92346 1 )�> --- � t Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street,San Bernardino,CA 92418 ARp� S� CITY OF p o DEPARTMENT OF PLANNING & BUILDING SERVICES v � a CODE COMPLIANCE DIVISION (San I)ernardino 9 384-5205 o OG�D£D 1N , ALCON REALTY FUND RE: 3505 CITRUS ST. ATTN: KEN STEELE SAN BERNARDINO, CA P.O. BOX 1324 CASE: 8885/COMPLAINT: 41753 COLTON, CA 92324 OFFICER: A. WILLIAMS JANUARY 16, 1996 Dear Owner(s) : 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 . 04 . 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. VIOLATIONS) AND CORRECTIVE ACTIONS REQUIRED: SINGLE FAMILY RESIDENCE (SSMC 15 .24 .040) A4 TRASH, DEBRIS AND LITTER PROPERTY SHALL BE FREE OF ANY ITEM CAUSING AN UNSIGHTLY. APPEARANCE. PLEASE REMOVE TRASH, LITTER, DEBRIS OR OTHER ITEM CAUSING AN UNSIGHTLY APPEARANCE. A9 GRAFFITI TO PROTECT PROPERTY VALUES AND REDUCE BLIGHT, ALL BUILDINGS, STRUCTURES, SIDEWALKS AND DRIVEWAYS SHALL BE FREE OF GRAFFITI . PLEASE REMOVE GRAFFITI FROM ALL AFFECTED AREAS. Al2 UNMAINTAINED POOL POOLS SHALL BE SECURELY FENCED AND ADEQUATELY MAINTAINED AS REQUIRED BY CODES . PLEASE INSPECT YOUR PROPERTY TO ENSURE COMPLIANCE WITH THESE REQUIREMENTS . 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 (s) of record will incur the following direct costs : Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street,San Bernardino,CA 92418 NARp�� CITY OF ° DEPARTMENT OF PLANNING & BUILDING SERVICES CODE COMPLIANCE DIVISION fan 1)ernardino ) 4 0 G�pED 1N PAGE TWO CASE: 8885 3505 CITRUS ST. - 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-(s) as a lien upon the property and shall become the personal obligation of the owner (s) of record. By acting immediately to correct the violation (s) referenced, you will avoid these and any future costs . If you object to the determination of cited violation (s) , 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, a/. i,�;" A. L. Williams Appro;xQ 1^'�k::;;, Code Compliance Officer Supervisor AW:jr CC: ECONOMIC DEVELOPMENT AGENCY, ATTN: ANGIE DALK JACKIE ARNOLD AI Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street,San Bernardino,CA 92418 r G � AI ton �r Z y Q w x � ti A � U o c � o a ca W oo vi U cq + � p �. E o ri 00 0� ~-� C] �'�.-.'' O QUO 00 z oc ''' ►-� U O 0 cl _ N _O O 4; U W ° rts op ) "a r77 o i o t 7 1 321 EAST HIGHLAND AVENUE SAN BERNARDINO, CALIFORNIA 92404 (909)882-1781 1/10/96 Tom Minor, Mayor City of San Bernardino 300 North "D" Street San Bernardino, California 92418 Re: 3505 Citrus Street San Bernardino, Ca. Dear Tom, Enclosed is a picture of the above property in my neighborhood. After the heavy rain over two years ago the property was condemned. The neighbors and I have spoke with code enforcement with no results. There has been drug activity, cars going back and forth all night and now it looks like a carpet junk yard. I would appreciate it if you could help our neighborhood to get rid of this problem. Sincerely, Jack R. Widmeyer encl/cc t L E ALGON REAL ESTATE .9� February 13, 1996 Ms. Debra Daniels and Mr. A.L. Williams Code Compliance Division City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 RE: 3505 Citrus St. , San Bernardino Dear Mr. Williams & Ms. Daniels: This letter is to advise you that we have come into compliance with the violations in your letter of 1-16-96. A4 Trash and debris has been removed A9 We have requested the San Bernardino Graffiti Division to go out and remove the graffiti Al2 The water in the pool has been pumped and area secured If you have any questions, please call our office. ikL/ i a14 KENNETH A. STEELE KAS:dlt P.O. BOX 1324 • COLTON, CA 92324 (909) 370-4000 • FAX (909) 370-4800 0 1 321 EAST HIGHLAND AVENUE SAN BERNARDINO, CALIFORNIA 92404 (909)882-1781 February 22, 1996 Tom Minor, Mayor City of San Bernardino 300 North "D" Street San Bernardino, California 92418 Re: 3505 Citrus Street San Bernardino, Ca. Dear Tom, I want to thank you for the prompt response to my letter of January 10. The debris has been removed from the exterior of the house. This house was condemned after the rain three years ago. The house has a common wall with the hill on the south and entraps any water from the slope of the hill. This water plus improper grading of the lot has resulted in a large crack running through the house from the front to the rear and through the pool at the rear. I have not been inside the house for over two years but the neighbors that have looked or been inside of the house tell me that the inside is completely trashed. I believe that the cost of injecting concrete into the ground to level the house, the repair of the house frame and roof, correction of the grading on all sides of the house and the repair or demolition of the pool would exceed the market value of the house. I believe the only solution for this detriment to our neighborhood is a training burn or demolition of the structure befor any more loss of value to the homes in our neighborhood. Thank you again for your assistance so far and if I or the neighbors can be of assistance; please let me know. Sincerely, Jack R. Widmeyer cc a May 28, 1996 Mr. Al Boughey Director of Planning and Building Services 385 North Arrowhead Avenue San Bernardino, Ca 92410 Re: 3505 Citrus San Bernardino, Ca 92346 Dear Mr. Boughey, The above property was owned by Anthony and Evelyn Minicucci. During the heavy rains the first of 1993 the house incurred extensive damage.. We understand the Minicuccis obtained a $100,000 loan plus a$20,000 grant from FEMA and abandoned the property in March of 1993. The Bank of America had a first trust deed and Ken Steele had an interest in the property. The Bank of America was uncooperative with any attempts in resolving the problem involving neighbors of the property. Ken Steele granted the property to his Alcon Realty as of our latest information. Our most recent contact was with Desiree of Ken Steeles office who said Ken wanted to fix up the property and sell it. After the Minicuccis' left in 1993 the property was condemned and graffltied. Even thought the property was condemned the property has been occupied by a parade of people all whom knew Ken Steele. The property has been vandalized, cabinets removed and evidence that the property has been used as a drug lab. People were coming and going from the property at all hours of the day and night. During these years numerous phone calls have been made to code enforcement by the neighbors with no results. The latest enclosed letter to the Mayor along with picture finally got the carpet removed that was stored on the property. Our concerns are as follows. The house has a very large crack separated vertically and horizontaly extending through the house east to west that has effected the structure of the house, walks, roof etc. The crack also extends through the pool at the rear. The damage to the house was caused by improper drainage away from the house. There is a hill on the south side of the house. Any moisture on the south side is entraped by the walls of the house, garage and the pool and must seep under the house to escape. Befor any work is done on the house positive drainage must be obtained away from the house on all sides or the damage will reoccur. Our neighborhood would appreciate you investigating this situation as we are afraid if cosmetic corrections are done without proper grading that Ken Steele will sell the property and we will have not gotten rid of this property that is depreciating our neighborhood. Sincerely,'% Col-- E' . L-- C717A tX , 1994 UNIFORM BUILDING CODE 1804.2-1806.1 3.Group U,Division I Occupancies. 4. Fences. 1804.3 Reports. The soil classification and design bearing capacity shall be shown on the plans, unless the foundation conforms to Table 18-I-13.The building official may require submission of a written report of the investigation which shall include,but need not be limited to,the following in- formation: 1. A plot showing the location of all test borings and/or excavations. 2. Descriptions and classifications of the materials encountered. 3. Elevation of(lie water table, if encountered. 4. Recommendations for foundation type and design criteria,including bearing capacity,provi- sions to mitigate the effects of expansive soils,provisions to mitigate the effects of liquefaction and soil strength and the effects of adjacent loads. 5. Expected total and differential settlement. 1804.4 Expansive Soils. When expansive soils are present,the building official may require that special provisions be made in the foundation design and construction to safeguard against damage due to this expansiveness. The building official may require a special investigation and report to provide these design and construction criteria. ' 1804.5 Liquefaction Potential and Soil Strength Loss. When required by Section 1404.2, the potential for soil liquefaction and soil strength loss during earthquakes shall be evaluated during the geotechnical investigation.The geotechnical report shall assess potential consequences of any liq- uefaction and soil strength loss,including estimation of differential settlement,lateral movement or reduction in foundation soil-bearing capacity, and discuss mitigating measures. Such measures shall be given consideration in the design of the building and may include, but are not limited to, ground stabilization,selection of appropriate foundation type and depths,selection of appropriate structural systems to accommodate anticipated displacements or any combination of these mea- sures. The potential for liquefaction and soil strength loss shall be evaluated for a site peak ground ac- celeration that, as a minimum, conforms to the probability of exceedance specified in Section 1629.2. Peak ground acceleration may be determined based on a site-specific study taking into ac- count soil mnplification effects. In the absence of such a study, peak ground acceleration may be assumed equal to the seismic zone factor in Table 16-1. 1804.6 Adjacent Loads. Where footings are placed at varying elevations the effect of adjacent loads shall be included in the foundation design. 1804.7 Drainage. Provisions shall be made for the control and drainage of surface water around * buildings. (See also Section 1806.4.5.) SECTION 1805— ALLOWABLE FOUNDATION AND LATERAL PRESSURES The allowable foundation and lateral pressures shall not exceed the values set forth in Table 18-1-A unless data to substantiate the use of higher values are submitted. Table 18-1-A may be used for design of foundations on rock or nonexpansive soil for Types 11 One-hour, ll-N and V buildings which do not exceed three stories in height or for structures which have continuous footings having a load of less than 2,000 pounds per lineal foot(29.2 kN/m)and isolated footings with loads of less than 50,000 pounds (222.4 kN). SECTION 1806— FOOTINGS 1806.1 General. Footings and foundations shall be constructed of masonry, concrete or treated wood in conformance with Division ii and shall extend below the frost line. Footings of concrete 2-49 1806.1-1806.4.6 1994 UNIFORM BUILDING CODE and masonry shall be of solid material. Foundations supporting wood shall extend at least 6 inches (152 nnn) above the adjacent finish grade. Footings shall have a minimum depth as indicated in Table 18-1-D unless another depth is recommended by a foundation investigation. The provisions of this section do not apply to building and foundation systems in those areas sub- ject to scour and water pressure by wind and wave action.Buildings and foundations subject to such loads shall be designed in accordance with approved national standards. 1806.2 Bearing Walls. Bearing walls shall be supported on masonry or concrete foundations or piles or other approved foundation system which shall be of sufficient size to support all loads. Where a design is not provided,the minimum foundation requirements for stud bearing walls shall be as set forth in Table 18-I-D. EXCEPTIONS: I.A one-story wood-or metal-frame building not used for human occupancy and not over 400 square feet(37.2 m-')in floor area may be constructed with walls supported on a wood foundation plate when approved by the building official. 2. The support of buildings by posts embedded in earth shall be designed as specified in Section 1806.7. Wood posts or poles embedded in earth shall be. pressure treated with an approved preservative.Steel posts or poles shall he protected as specified in Section 1807.9.. 1806.3 Stepped Foundations. Foundations for all buildings where the surface of the ground slopes more than I unit vertical in 10 units horizontal(10%slope)shall be level or shall be stepped so that both top and bottom of such foundation are level. 1806.4 Footings on or Adjacent to Slopes. 1806.4.1 Scope. The placement of buildings and structures on or adjacent to slopes steeper than I unit vertical in 3 units horizontal (33.3% slope) shall be in accordance with this section. 1806.4.2 Building clearance from ascending slopes. In general,buildings below slopes shall be �( set a sufficient distance from the slope to provide protection from slope drainage,erosion and shal- low failures.Except as provided for in Section 1806.4.6 and Figure 18-I,the following criteria will be assumed to provide this protection. Where the existing slope is steeper than 1 unit vertical in 1 unit horizontal (100% slope), the toe of the slope shall be assumed to be at the intersection of a horizontal plane drawn from the top of the foundation and a plane drawn tangent to the slope at an angle of 45 degrees to the horizontal.Where a retaining wall is constructed at the toe of the slope,the height of the slope shall be measured from the top of the wall to the top of the slope. 1806.4.3 Footing setback from descending slope surface. Footing on or adjacent to slope sur- faces shall be founded in firm material with an embedment and setback from the slope surface suffi- cient to provide vertical and lateral support for the footing without detrimental settlement. Except as provided for in Section 1806.4.6 and Figure 18-1, the following setback is deemed adequate to meet the criteria. Where the slope is steeper than l unit vertical in 1 unit horizontal (100% slope), the required setback shall be measured from an imaginary plane 45 degrees to the horizontal,proj- ected upward from the toe of the slope. 1806.4.4 Pools. The setback between pools regulated by this code and slopes shall be equal to one half the building footing setback distance required by this section. That portion of the pool wall within a horizontal distance of 7 feet(2135 min)from the top of the slope shall be capable of sup- porting the water in the pool without soil support. 1806.4.5 Foundation elevation. On graded sites,the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches(305 min) plus 2 percent.The building official may approve alter- nate elevations,provided it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site. 1806.4.6 Alternate setback and clearance. The building official may approve alternate setbacks and clearances.The building official may require an investigation and recommendation of a quali- 2-50 i !'� Jyh r � 4�� _ r � _ ,.rw.w.. " %.i�i�. ____r � • T i ' �../1 . --�`�� ,';��� _"����jllll ilillliii�� . ;:;;:l11' .. . �lAi_. . ii _,I I ItIH �� - -�. . r �ice'' �: r'� t r.^ JUN 1 1 19S CITY " � OP „AN B£R�NAsMINO DEPAR.TMEMT QP '3LANNiNG a May 28, 1996 _ Mr. Al Boughey Director of Planning and Building Services 385 North Arrowhead Avenue _ San Bernardino, Ca 92410 Re: 3505 Citrus San Bernardino, Ca 92346 Dear Mr. Boughey, A� ---- The above property was owned by Anthony and Evelyn Minicucci. During the heavy rains the first of 1993 the house incurred extensive damage. We understand the Minicuccis obtained a $100,000 loan plus a $20,000 grant from FEMA and abandoned the property in March of 1993. The Bank of America had a first trust deed and Ken Steele had an interest in the property. The Bank of America was uncooperative with any attempts in resolving the problem involving neighbors of the property. Ken Steele granted the property to his Alcon Realty as of our latest information. Our most recent contact was with Desiree of Ken Steeles office who said Ken wanted to fix up the property and sell it. After the Minicuccis' left in 1993 the property was condemned and graffitied. Even thought the property was condemned the property has been occupied by a parade of people all whom knew Ken Steele. The property has been vandalized, cabinets removed and evidence that the property has been used as a drug lab. People were coming and going from the property at all hours of the day and night. During these years numerous phone calls have been made to code enforcement by the neighbors with no results. The latest enclosed letter to the Mayor along with picture finally got the carpet removed that was stored on the property. Our concerns are as follows. The house has a very large crack separated vertically and horizontaly extending through the house east to west that has effected the structure of the house, walks, roof etc. The crack also extends through the pool at the rear. The damage to the house was caused by improper drainage away from the house. There is a hill on the south side of the house. Any moisture on the south side is entraped by the walls of the house, garage and the pool and must seep under the house to escape. Befor any work is done on the house positive drainage must be obtained away from the house on all sides or the damage will reoccur. Our neighborhood would appreciate you investigating this situation as we are afraid if cosmetic corrections are done without proper grading that Ken Steele will sell the property and we will have not gotten rid of this property that is depreciating our neighborhood. Sincerely, Property owners signatures attached. Property Owners Cpl G�r� 3 , ZSyJ `^ &L L- Q-(�,4ej �i o q of V j Cr bus cc: Mayor Tom Minor 1994 UNIFORM BUILDING CODE 1804.2-1806.1 3.Group U. Division I Occupancies. 4. Fences. 1804.3 Reports. The soil classification and design bearing capacity shall be shown on the plans, unless the foundation conforms to Table 18-1-D.The building official may require submission of a written report of the investigation which shall include,but need not be limited to,the following in- formation: 1. A plot showing the location of all test borings and/or excavations. 2. Descriptions and classifications of the materials encountered. 3. Elevation of the water table, if encountered. 4. Recommendations for foundation type and design criteria, includ'nig bearing capacity,provi- sions to mitigate the effects of expansive soils,provisions to mitigate the effects of liquefaction and soil strength and the effects of adjacent loads. 5. Expected total and differential settlement. 1804.4 Expansive Soils. When expansive soils are present,the building official may require that special provisions be made in the foundation design and construction to safeguard against damage due to this expansiveness. The building official may require a special investigation and report to provide these design and construction criteria. ' 1804.5 Liquefaction Potential and Soil Strength Loss. When required by Section 1804.2, the potential for soil liquefaction and soil strength loss during earthquakes shall be evaluated during the geotechnical investigation.The geotechnical report shall assess potential consequences of any liq- uefaction and soil strength loss,including estimation of differential settlement,lateral movement or reduction in foundation soil-bearing capacity, and discuss mitigating measures. Such measures shall be given consideration in the design of.the building and may include, but are not limited to, ground stabilization, selection of appropriate foundation type and depths, selection of appropriate structural systems to accommodate anticipated displacements or any combination of these mea- sures. The potential for liquefaction and soil strength loss shall be evaluated for a site peak ground ac- celeration that, as a minimum, conforms to the probability of exceedance specified in Section 1629.2. Peak ground acceleration may be determined based on a site-specific study taking into ac- count soil amplification effects. in the absence of such a study, peak ground acceleration may be assumed equal to the seismic zone factor in Table 16-1. 1804.6 Adjacent Loads. Where footings are placed at varying elevations the effect of adjacent loads shall be included in the foundation design. 1804.7 Drainage. Provisions shall be made for the control and drainage of surface water around buildings. (See also Section 1806.4.5.) SECTION 1805 — ALLOWABLE FOUNDATION AND LATERAL PRESSURES The allowable foundation and lateral pressures shall not exceed the values set forth in Table 18-1-A unless data to substantiate the use of higher values are submitted. Table 18-I-A may be used for design of foundations on rock or nonexpansive soil for Types Il One-hour, ll-N and V buildings which do not exceed three stories in height or for structures which have continuous footings having a load of less than 2.000 pounds per lineal foot(29.2 kN/m)and isolated footings with loads of less than 50,000 pounds (222.4 kN). SECTION 1806— FOOTINGS 1806.1 General. Footings and foundations shall be constructed of masonry, concrete or treated wood in conformance with Division 11 and shall extend below the frost line. Footings of concrete 2-49 1806.1-1806.4.6 1994 UNIFORM BUILDING CODE and masonry shall be of solid material. Foundations supporting wood shall extend at least 6 inches (152 inn) above the adjacent finish grade. Footings shall have a minimum depth as indicated in Table 18-1-D unless another depth is recommended by a foundation investigation. The provisions of this section do not apply to building and foundation systems in those areas sub- ject to scour and water pressure by wind and wave action.Buildings and foundations subject to such loads shall be designed in accordance with approved national standards. 1806.2 Bearing Walls. Bearing walls shall be supported on masonry or concrete foundations or piles or other approved foundation system which shall be of sufficient size.to support all loads. Where a design is not provided,the minimum foundation requirements for stud bearing walls shall be as set forth in Table 18-I-D. EXCEPTIONS: I. A one-story wood-or metal-frame building not used for human occupancy and not over 400 square feet(37.2 m-')in floor area may be constructed with walls supported on a wood foundation plate when approved by the building official. 2.The support of buildings by posts embedded in earth shall be designed as specified in Section 1806.7. Wood posts or poles embedded in earth shall be pressure treated with an approved preservative.Steel posts or poles shall be protected as specified in Section 1807.9.. 1806.3 Stepped Foundations. Foundations for all buildings where the surface of the ground slopes more than I unit vertical in 10 units horizontal (10%slope)shall be level or shall be stepped so that both top and bottom of such foundation are level. 1806.4 Footings on or Adjacent to Slopes. 1806.4.1 Scope. The placement of buildings and structures on or adjacent to slopes steeper than I unit vertical in 3 units horizontal (33.3% slope) shall be in accordance with this section. 1806.4.2 Building clearance from ascending slopes. In general,buildings below slopes shall be �( set a sufficient distance from the slope to provide protection from slope drainage,erosion and shal- low failures. Except as provided for in Section 1806.4.6 and Figure 18-1,the following criteria will be assumed to provide this protection. Where the existing slope is steeper than I unit vertical in 1 unit horizontal (100% slope), the toe of the slope shall be assumed to be at the intersection of a horizontal plane drawn from the top of the foundation and a plane drawn tangent to the slope at an angle of 45 degrees to the horizontal.Where a retaining wall is constructed at the toe of the slope,the height of the slope shall be measured from the top of the wall to the top of the slope. 1806.4.3 Footing setback from descending slope surface. Footing on or adjacent to slope sur- faces shall be founded in firm material with an embedment and setback from the slope surface suffi- cient to provide vertical and lateral support for the footing without detrimental settlement. Except as provided for in Section 1806.4.6 and Figure 18-1, the following setback is deemed adequate to meet the criteria. Where the slope is steeper than 1 unit vertical in I unit horizontal (100% slope), the required setback shall be measured from an imaginary plane 45 degrees to the horizontal,proj- ected upward from the toe of the slope. 1806.4.4 Pools. The setback between pools regulated by this code and slopes shall be equal to one half the building footing setback distance required by this section. That portion of the pool wall within a horizontal distance of 7 feet (2135 mm) from the top of the slope shall be capable of sup- porting the water in the pool without soil support. 1806.4.5 Foundation elevation. On graded sites,the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches(305 rani) plus 2 percent. The building official may approve alter- nate elevations,provided it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site. 1806.4.6 Alternate setback and clearance. The building official may approve alternate setbacks and clearances.The building official may require an investigation and recommendation of a quali- 2-50 0 s R � u C) b, w d Z r;l ~' W ` o w Z l e tl z a _Z J O Q U' W Z_ E5 Q V 1 Z �/� Z U) J Z LL / 0 Z Z Q e a — �.M o a 7' 0 a r Q O Z V z Z O LL �'' rl� W a W o o ° .:, s z #.:. � >- o Q o S U GO o Z Cl o to W p W o W J Cr ca � p W O I H W O Q W e Q S S Z pc NAR���FJ S� 4 _ CITY OF DEPARTMENT IF PLANNING & BUILDING SERVICES CODE COMPLIANCE DIVISION(S l bernardino 384-5205 D 1*1♦0 Alcon Realty Fund 92-6 LTd. Re : 3505 Citrus Street P. 0. Box 1324 SAN BERNARDINO, CA Colton, CA 92324 CASE #8885/COMPLAINT #49165 OFFICER: A. Williams August 21, 1996 PARCEL# : 285-351-30 Dear Owner (s) : THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. The property owner of record was notified via certified mail that the above referenced property is in violation of the San Bernardino Municipal Code 15 . 04 . 020 . At that time it was requested that the property owner perform certain corrective measures in order to comply with the City of San Bernardino Property Maintenance Standards . On July 23, 1996 a subsequent inspection revealed that the required corrections were not completed. As a result of your failure to comply with our first notice mailed cost have been incurred. A list of the current uncorrected violations are below. You can avoid incurring further costs by meeting the following requirements . VIOLATION (S) AND CORRECTIVE ACTION REQUIRED• SINGLE FAMILY RESIDENCE (SBMC 15 .24. 040) DANGEROUS BUILDING (UCFADB 302 (15) - STRUCTURALLY DAMAGED STRUCTURE. WITHIN 10 DAYS OWNER IS TO OBTAIN REQUIRED PERMITS TO DEMOLISH THE STRUCTURALLY DAMAGED 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. SUBSTANDARD BUILDING - (UHC SEC 1001c1,2,4, 5, 6,7) - STRUCTURAL HAZARDS - DEFECTIVE/DETERIORATED FOUNDATIONS/FLOORING OR FLOOR SUPPORTS, WALLS, CEILINGS, ROOFS, INSUFFICIENT TO CARRY IMPOSED LOADS FOR SAFETY - WITHIN TEN (10) DAYS, THE PROPERTY OWNER MUST OBTAIN A GEOLOGICAL REPORT FROM THE INSPECTION SERVICES DIVISION. PLEASE CONTACT THE INSPECTION SERVICES DIVISION AT (909) 384-5071 . AI Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street,San Bernardino,CA 92418 3505 Citrus Street Case #8885 - A. Williams, Officer August 21, 1996 Page 2 The building and or property has been posted: Yes Pre-permit inspection required: No - Demo Permit & Geological Report If a pre-permit inspection is required, this is due to the substandard condition and numerous violations observed at the time of inspection (s) . You are required to obtain a pre-permit report from the Code Compliance Division located at 300 North "D" Street, Third Floor, San Bernardino, CA 92418 . This report provides a detailed list of structural and property maintenance violations which may require rehabilitation permits . A hearing on this matter had been scheduled for THURSDAY, SEPTEMBER 5, 1996 at 9 :00 A.M. before the Board of Building Commissioners, at 300 NORTH "D" STREET, CITY COUNCIL CHAMBERS, SAN BERNARDINO CA 92418 . Evidence will be presented by staff at this hearing pertinent to the abatement proceedings and direct costs incurred. You have a right to present evidence at this hearing challenging the abatement . Based upon your failure to correct the violation, a Notice of Pendency of Administrative Proceeding is being filed with the County Recorder to give public notice of action taken by the City of San Bernardino. A processing fee is automatically assessed at the time of recordation. The direct costs of the abatement proceedings incurred by the City are attached for your review. If the abatement action and costs are upheld by the Board of Building Commissioners, the City shall place an assessment lien on the above property for all costs incurred. That amount must be paid to the City Clerk' s Office at 300 North "D" Street, Second Floor, San Bernardino, CA. 92418, within 15 days from the date of the Board of Building Commissioner's hearing. If you disagree with the findings of the Board of Building Commissioners, you may appeal your case before the Mayor and Common Council . Your appeal must be in writing and is to be submitted to the City Clerk' s Office within fifteen (15) days of your hearing date . A fee of $75 . 00 must accompany your request . 3505 Citrus Street Case #8885 - A. Williams, Officer August 21, 1996 Page 3 Your written appeal must include: (1) Case number and property location (2) Specific grounds for appeal (3) Relief or action sought from the Mayor & Common Council If you have any questions, please contact the Code Compliance Division at (909) 384-5205 . Department of Planning & Building Services Code Compliance Division By: l�J� --- Code Compliance Officer AW:gr Att : STATEMENT OF COSTS CC: City Clerk' s Office Greg Lee, Account Clerk Kenneth A. Steele, P. O. Box 1324, Colton, CA 92324 BA Properties, Attn: Frank Barone, Dept 20106, 333 S . Beaudry, Los Angeles, CA 90017 Equitable Deed Company, Trust Deed Unit #38434, 333 S . Beaudry Av, 11th Flr, Los Angeles, CA 90017, TS #S1D16408-93 xArt�s� CITY OF DEPARTMENT OF PLANNING & BUILDING SERVICES (San Bernardino CODE COMPLIANCE) -5205 VISION ED IPi STATEMENT OF COSTS Case Number: 8885 Date: August 21, 1996 Location: 3505 Citrus SAN BERNARDINO CA Parcel Number: 285-351-30 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino as a result of abatement proceedings recently completed at the above referenced property. DIRECT COSTS Code Officers Costs : $23 : 00 Hr X 3 $ 69 . 00 Clerical Staff Costs : $15 . 00 Hr X 2 $ 30 . 00 Supervisor Costs $28 . 00 Hr X 2 $ 56 . 00 City Clerk Costs $ 30 . 00 Attorney Costs $ 40 . 00 Vehicle Mileage (REPEAT TRIPS) . 50 per mile X 20 $ 10 . 00 Photographs $2 . 00 each X 30 $ 60 . 00 Title Search $ 25 . 00 Certified Mailing $2 . 52 each X 11 $ 27 , 72 Notice of Pendency $ 125 . 00 Hearing Costs $ 50 . 00 SUBTOTAL $ 522 .72 CONTRACTOR COSTS Contractor: $ 40o Administrative Costs $ ------- Subtotal $ Previous costs incurred: Contact City Clerk for $ ------- previous fees incurred Abatement Date : Total Amount Due $ 522 .72 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 Clerks Lien Coordinator at (714) 384-5002 with the case number and property address . By: Zl/�' l.��--- --- 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 gNARp��o CITY OF DEPARTMENT OF PLANNING & BUILDING SERVICES Jr ,ate � n berficirdiflo CODE COMPLIANCE DIVISION (909) 3845205 oG'�'DED IN 101 Alcon Realty Fund 92-6 Ltd. RE: 3505 Citrus Street P. O. Box 1324 SAN BERNARDINO, CA Colton, CA 92324 ASSESSORS NO: 285-351-30 ORDER NO: 3750 CASE NO: 8885/COMPLAINT: 49165 OFFICER: A. Williams September 19, 1996 Pursuant to action of the Board of Building Commissioners taken on September 5, 1996, a nuisance was found to exist at 3505 Citrus Street. 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 lour 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 . Code Compliance Officer :gr cc : City Clerk Property Owner - Via First Class Mail Kenneth A. Steele, P. 0. Box 1324, Colton, CA 92324 BA Properties, Attn: Frank Barone, Dept 20106, 333 S . Beaudry, Los Angeles, CA 90017 Equitable Deed Company, Trust Deed Unit #38434, 333 S. Beaudry Av, 11th Flr, Los Angeles, CA 90017, TS #S1D16408-93 Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North'D'Street,San Bernardino,CA 92418 I 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS 2 OF THE CITY OF SAN BERNARDINO 3 ORDER NO. 3750 CASE NO. 8885 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15, Chapter 15 . 28, the Supervising Building 'Official has posted a 6 building (s) located at 3505 Citrus Street, San Bernardino, 7 California, with a "Notice to Abate Nuisance" and has notified the 8 person (s) having an interest in said property that the said 9 building (s) or premises constitute a public nuisance; 10 WHEREAS, pursuant to San Bernardino Municipal Code, the 11 Supervising Building Official has served a "Notice of Hearing 12 Before the Board of Building Commissioners of the City of San 13 Bernardino" , relating to abatement proceeding, to all person (s) 14 having an interest in the above property, and has prepared a 15 declaration of mailing of the notice, a copy of which is on file 16 in these proceedings; and; 17 WHEREAS, a hearing was held to receive and consider all 18 relevant evidence, objections or protests on September, 5, 1996, 19 and; 20 WHEREAS, there was not an appearance by any person (s) having 21 an interest in the above property. 22 23 24 25 26 27 28 /// 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3750 CASE NO. 8885 2 PAGE 2 3 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 5 SECTION 1 . Based upon the evidence submitted, it was found 6 and determined that the building (s) and or premises located at 7 3505 Citrus Street, San Bernardino, California constituted a 8 public nuisance. 9 SECTION 2 . The Board of Building Commissioners accepted 10 staff' s recommendations . The property owner (s) are hereby 11 directed to comply with the following requirements . Within ten 12 (10) days from the date of this order, the property owner shall 13 obtain required permits to demolish the structurally damaged 14 structure. All required work must be completed within thirty (30) 15 days from the date of this order. All work completed must be 16 inspected and approved by the Inspection Services Division. 17 Owner (s) shall maintain the property free from weeds, dry brush, 18 overgrown vegetation, trash, debris or any items causing an 19 unsightly appearance . The property shall meet all applicable 20 codes adopted by the City of San Bernardino. 21 SECTION 3 . Upon the owner (s) of record failure to comply 22 with the order of the Board of Building Commissioners, the Code 23 Compliance Division shall proceed to initiate abatement action by 24 obtaining an Inspection/Abatement warrant to abate violations 25 noted. 26 SECTION 4 . It was determined that the City was required to 27 initiate abatement proceedings and incurred costs in the amount of 28 522 .72 . These costs and any future additional abatements shall j BOARD OF BUILDING COMMISSIONERS ORDER NO. 3750 CASE NO. 8885 2 PAGE 3 3 4 be the personal obligation of the owner and if unpaid shall be 5 recorded as a special assessment on the county tax record. 6 SECTION 5 . Upon receipt of an application from the person 7 required to conform to the order and by agreement of such person 8 to comply with the order if allowed additional time, the 9 Supervising Building Official may grant an extension of time, not 10 to exceed an additional 120 days, within which to complete said 11 repair, rehabilitation or demolition, if the Supervising Building 12 Official determines that such an extension of time will not create 13 or perpetuate a situation imminently dangerous to life or 14 property. The Supervising Building Official' s authority to extend 15 time is limited to the physical repair, rehabilitation or 16 demolition of the premises and will not in any way affect or 1extend the time to appeal the notice and order. 1 18 SECTION 6 . Any person aggrieved by this order, may appeal to 19 the Mayor and Common Council by filing a written statement with 20 the City Clerk. The statement must include the order number 21 appealed,- the specific grounds of your appeal, and the relief or 22 action sought . The written appeal must be received within fifteen 23 (15) days from the date of this order from the date of this notice 24 dated _September 19, 1996. 25 26 27 28 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3750 CASE NO. 8885 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 5th day of September 1996, by the following vote, to wit : COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso Carol Thrasher Amado Savala X Larry R. Quiel X "Joe" V. C. Suarez, Jr. X Ruben B. Nunez K Herbert Pollock K Benjamin Gonzales Leo Cash, Jr. 1 . oard of i ding Commissioners The foregoing order is hereby appro ed this 5th day of September, 1996 . Chairman, Bo of Bui i g Commissioners Approved as to form and legal content : James F. Penman, City Attorney By: NARD,'�'O C I T Y O F � O an bernardino R A C H E L C L A R K C I T Y C L E R K October 8, 1996 World Properties, L.P. P. O. Box 1324 Colton, CA 92324 Re: 3505 Citrus Street - Parcel No. 0285-351-30 - Case No. 8885 We are in receipt of your Notice of Appeal to the Mayor and Common Council of the action taken by the Board of Building Commissioners on September 5, 1996 concerning the above- referenced property. The_appeal is scheduled to be heard on Monday, November 4, 1996, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418. If you have any questions related to your appeal, please feel free to contact Code Compliance Division at (909) 384-5205. Sincerely, Rac el Clark City Clerk cc: City Attorney Debra Daniel, Code Enforcement Supervisor Administrator's Office Gregory W. Brittain, Attorney at Law, 330 N. D St., San Bernardino, CA 92401 File X 7 3 1 8 S A N B E R N A R D I N O , CA 9 2 4 0 2 3 0 0 N O R T H D S T R E E T , S A N B E R N A R D I N O C A L I F O R N I A 92 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2 ( 9 0 9 ) ; 8 4 - 5 1 02 F A X . ( S 0 9 ) 3 8 4 - 5 1 5 8 T 0 D /T T Y - ( 0 0 9 ) 3 8 4 . 5 5 4 0 cnx►�mQ°°-' 1 s rmis ° 1 x �cm mono S,o G n I Oe+ s m sN �r fh�Q'I'� woo I .o� xo _7 I rrA �c-I-§N :°•per 0 -4 m i to ,r W C 1 -i -I t.'7 cm n p r 1 W� 1 r 9 -�CO7 t'AN yam'✓' W OQ I �to d I• 70 It m 0 1 r"c.r� I O I 1 0 9 1 11 1 11 1 I r .t.•m 1 ii I ii 1 CJr) I i 11 I " 11 Cq* i r• °x{ t, I It i j 1 11 1 M 11 M 1 N 11 M 1 It-.l 1 t11 tJ1 O is 1 M O 1145 I 110 1 O CITY OF SAN BERNARDINO MISCELLANEOUS CASH RE IPT No 6 9 3 0 3 7. Date 19 ACCOUNT NO. AMOUNT t 1 Received From �-- �J? ��44 3 N. tTP 9 611)/ - The Sum of Dollars v Cents For :3,5-0 Transact on: 1302102 A�� 3S-1 0 l0/03/� 4:34:04 PM Operator: ZG Station: 003 Trans. Code: SF Amount: 75.00 Stuh Department By TOTAL � DISTRIBUTION: White—Customer;Canary—Cashier;Pink—Department;Goldenrod—Dept.Numeric Control