Loading...
HomeMy WebLinkAbout13- Code Compliance Division CITY OF.SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bill Skiles, Subject: Appeal.of the Board of Building Commissioner's Order 1347 WEST OAK STREET, Dept: Code Compliance Division SAN BERNARDINO, CA Date: November 13, 1996 MCC Date: November 18, 1996 Synopsis of Previous Council Action: None ORIGINAL Recommended Motion: To deny the appeal and uphold the finding of the Board of Building Commissioner's Hearing held September 5, 1996. Bill Skiles, Code Compliance Manager Contact person: Bill Skiles Phone: 384-5205 Supporting data attached: Staff Report Wards: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. 13 SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF November 18, 1996 REQUEST See attached appeal received from Jaime Rosso, 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 indicates 1347 West Oak, San Bernardino has an extensive history of San Bernardino Municipal Code violations dating back to January 5, 1981. The most recent violations include the following: 4-25-96 Unmaintained landscape, weeds dry brush and overgrown vegetation. Structure required painting, window, door and roof repair, unsafe walkway or other improved surface - conditions in violation of S.B.M.C. The property was posted with a Notice of Violation. 6-12-96 A reinspection of the property was made and the following conditions were observed. Dangerous Building, abandoned/dilapidated structure. 7-23-96 A ten (10) day notice to abate violations was mailed to the owner(s) of record via certified mail. 8-4-96 A faxed response was received from Jamie Rosso, the owner of record, protesting the notice and denying the violations. 8-5-96 Reinspections were made and previous still existed. 9-5-96 BBC Hearing held, staff recommendation was upheld, fees incurred $471.60 See Order #3749 attached. APPELLANT'S STATED GROUNDS OF APPEAL 1. The appellant is requesting that the administrative fees of$471.60 be waived/removed and the Notice of Pendency be released. 2. Appellant states that "No code violation has been proven" and that "Officer Leeper tries to manufacture the violations to fit the action that he wants, without regards to the true facts or the rights of the property owner". APPELLANT'S ACTIONS SOUGHT FROM MAYOR/COMMON COUNCIL Appellant requests that all administrative fees of $471.60 and Notice of Pendency be removed. STAFF ANALYSIS 1. Fees were based on actual administrative costs in attached statement of costs sheet. 2. That violations of S.B.M.C. did in fact exist at the time of the initial inspection and continue to exist. RECOMMEDATION 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) Pre-Permit Inspection Application Prepared by: Doug Leeper, Code Compliance Officer for Bill Skiles VLNAR O = c CITY OF 6an DEPARTMENT OF PLANNING & BUILDING SERVICES � Bernardino CODE COMPLIANCE DIVISION (9 091 3845205 tiDE D 1`I� STATEMENT OF COSTS Case Number: 10356 Date: August 20, 1996 Location: 1347 Oak Street SAN BERNARDINO CA Parcel Number: 137-152-01 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 12 $ 24. 00 Title Search $ 25.00 Certified Mailing $2 . 52 each X 5 $ 12 . 60 Notice of Pendency $ 125. 00 Hearing Costs $ 50. 00 SUBTOTAL $ 471. 60 CONTRACTOR COSTS Contractor: $ _______ 40% Administrative Costs $ ------- Subtotal $ _______ Previous costs incurred: Contact City Clerk for $ ------- previous fees incurred Abatement Date: Total Amount Due $ 471. 60 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 w- th the case number and property address. By: Code ComplVaVe Vfficer Al Boughey, Director of Planning and Building Services/Debra L. Daniel,Code Compliance Supervisor �" 300 North "D"Street,San Bernardino,CA 92418 CITY OF SAN EERNARDINO - REQUEST FOR COUNCIL ACTION From: Bill Skiles, Code Compliance Subject: Appeal of the Board of Building Commissioner's order. Dept: Code Compliance Division 1347 OAK STREET, SAN BERNARDINO, CA Date: October 11, 1996 MCC Date: November 4, 1996 Synopsis of Previous Council Action: None MAL Recommended Motion: Deny the appeal and uphold the finding of the Board of Building Commissioners Hearing held September 5, 1996. A4, 7 /- ill Skiles, ode Compliance Manager Contact person: Bill Skiles Phone: 384-5122 Supporting data attached: Staff Report Ward(s):,�V-3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Previously_ Agenda Item 'a •• :x Z?l G:a r.T, r SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF November 4, 1996 REQUEST See attached appeal received from Jaime Rosso, 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 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) Prepared by: Debra Daniel, Code Compliance Field Supervisor for Bill Skiles ------------------------------ FOR OFFICE USE ONLY -------- Departments Receiving Date/Time Stamp Copies: k' r r` I <F, Original to: SP _ ��, .o er` 13 P4 :1 ':.�.5 •`rte �.��M � Q t a` Payment Information: Date of Distribution: Last Updated: 3/26/96 ' `, 4; * GNnED 114 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: J-4 Contact Person � & Address: P0 S O Contact Person Phone Number: D ay:�� 3 '©©�� Evening: or /3 5 7` No�I3�SSztGc�� X03 �G Affected Property Address & APN # ���%/J��i�/I2�//�y (4, 3-7 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) �C 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) r A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION(SBMC 2.64): 1. The specific action appealed, and date of that action: 2. The specific grounds of appeal: fl 3. The actions(s) sought from the legislative body: 4. Any additional information: Signature o llant: Date: Attachment to: CITY OF SAN BERNARDINO -NOTICE OF APPEAL Appellant Name: Jaime Rosso �September 5, 1996 Action: Approval of Mr.D. Leeper(Staff)Recommendations and charges for direct cost by the Board of Building Commissioners. Item 2. When Mr.Leeper first gave us notice,he referred to a property at 1345 Oak Street,which is not our property.. We asked to meet with him. He said: "Mere is no use. I intend to knock down that building and nothing you do is going to change my mind." Mr.Leeper tries to manufacture the violations to fit the action that he wants, without regards to the true facts or the rights of the property owner. After several calls and a letter requesting to meet with him,he finally told us that:(1) A facia board approximately 5 feet long was rotten. (2) That the two bushes next to the house needed trimming,and,(3) We needed to water the grass. When we asked what else it needed,he said:"You will know when you appear at the hearing of the Board of Budding Commissioners." We immediately.(1)replaced the facia board even though it was not rotten;(2)tammed the bushes that he referred to,and(3)made arrangements with one of the neighbors to water the grass. We are not in violation of code and have immdiately complied with any requests from the city. Eency Reject approval of Mr.Leeper's recommendations and charges for direct cost and release of Notice of since no violation of code has been proven,and this will facilitate our intentions to sell property as soon as possible to an individual home owner. CU s o °o o. o i oo ii oo i o ii c 1!� 1 U'} II U 1 U 11 4^ 1 i `C• r` I rte. ❑ r` 1 O m M I M I I M I M I I I 1 O I 11 1 II 1 i 1 II II G 1 � 1 11 1 11 1 1 1 II 1 11 I P- O 1 Cn 1 I I I 11 1 =C•07 p ,Q. 1 1 11 1 11 1 W .. 1 I =,a. •.C-1 CU CSN+ I 1 II I 11 I > F F I = I d y b N 137 Cn C CAUO+ I CM ag i clu OD= 1 �-1 \.-� OCLJ J Q 1 i YC dq .40 O C"J Q O I ti \ yT r u.0 O C3 C • O I r? 1 •-� oi;=o i . o cm441, ca t � i o �.pm� i or- •y LUL- g= Ial rU ..A CD rZ x �O aY y+a yi = I Y U~F rn O [TQ F.N C.J W 1 Q U U b 1 rtf 4A 4J DU O d _= W U7 1 UIL b Ur7 UL AA I O U F CU.•r Ln CT =U 2 1 F b GV-\3 C+ QS = I O I I--PQ1=WOZ cn CL C-) U CITY OF SAN BERNARDINO 690266 MISCELLANEOUS CASH RECEIPT No. / 3 19 ACCOUNT NO. AMOUNT Date Received From 1 The Sum of Dollars Cents For 09/13!96 Tr 4:0 :09 PM Batch: e RA RA Trans. Code: SF Amount 75.00 Stub Departme TOTAL �� SAR,D 0 O `� ? CITY OF DEPARTMENT OF PLANNING & BUILDING SERVICES bernardino CODE COMPLIANCE 9 384-520 DIVISION G"yD'Er D IV ♦0 Jaime Rosso LOCATION: 1347 West Oak P.O. Box 3665 SAN BERNARDINO, CA San Bernardino, CA 92413 ASSESSORS NO: 137-152-01 ORDER NO: 3749 CASE NO: 10356 OFFICER: D. Leeper September 18, 1996 Pursuant to action of the Board of Building Commissioners taken on September 5, 1996, a nuisance was found to exist at 1347 West Oak. 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 cont t the ' ty Clerk's office at 384-5002 . By: Code m fiance Officer DL cc: City Clerk's Office Greg Lee, Account Clerk Mr. & Pars. Jaime Rosso, c/o Mr. Hector Rosso, 460 S. Arrowhead Avenue, San Bernardino, CA 92401 AI Boughey. Director of Planning and Building Services Debra L Daniel, Code Compliance Supervisor — 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AUTHORIZING 2 THE ABATEMENT OF A PUBLIC NUISANCE 3 ORDER NO. 3749 CASE NO. 10356 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 1347 West Oak, 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 to abatement proceeding, to the person(s) having an interest in 13 14 the above property,p p y, 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 September 5, 1996, and; 18 19 WHEREAS, there was an appearance made by Jaime Rosso having an interest in the above property. 20 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 21 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 22 23 24 25 26 27 28 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3749 CASE NO. 10356 2 PAGE 2 3 SECTION 1. Based upon the evidence was submitted, it was 4 found and determined that the buildings) and or premises located 5 at 1347 West Oak, San Bernardino, California constituted a public 6 nuisance. 7 SECTION 2 . The Board of Building Commissioners accepted 8 staff's recommendations. The property owner(s) are hereby 9 directed to comply with the following requirements. Within ten 10 (10) days from the date of this order, the owner(s) of record 11 shall : Install landscaping where needed and shall maintain 12 existing landscaping to include regular irrigation, pruning, and 13 cutting of lawn; remove and continue to keep property free of 14 weeds, dry brush and overgrown vegetation; remove and continue to 15 maintain property by removing trash, debris and any other item 16 causing an unsightly appearance or improperly stored, the property 17 shall not be rented, leased or occupied until all applicable 18 permits have been obtained and repairs have been inspected and 19 approved by the Building Inspection Division, within ten (10) days 20 the property owner shall obtain required permits to rehabilitate 21 or demolish abandoned structure. All required work is to be 22 completed within 30 days from the date of this order. 23 SECTION 3 . Upon the owner(s) of record failure to comply 24 with the order of the Board of Building Commissioners, the Code 25 Compliance Division shall proceed to initiate abatement action by 26 obtaining an Inspection/Abatement warrant to abate violations 27 noted. 28 1 BOARD OF BUILDING COMMISSIONERS 2 ORDER NO. 3749 CASE NO. 10356 PAGE 3 3 SECTION 4 . It was determined that the City was required to 4 initiate abatement proceedings upon which the City incurred costs 5 in the amount of $471.60 . These costs and future related 6 abatement costs shall be the personal obligation of the owner(s) 7 and shall be placed as a lien on the above property. 8 SECTION 5. Upon receipt of an application from the person 9 required to conform to the order and by agreement of such person 10 to comply with the order if allowed additional time, the 11 supervising building official may grant an extension of time,, not 12 to exceed an additional 120 days, within which to complete said 13 repair, rehabilitation or demolition, if the supervising building 14 official determines that such an extension of time will not create 15 or perpetuate a situation imminently dangerous to life or 16 property. The supervising building official's authority to extend 17 time is limited to the physical repair, rehabilitation or 18 demolition of the premises and will not in any way affect or 19 extend the time to appeal the notice and order. 20 SECTION 6 . Any person aggrieved by this order, may 21 appeal to the Mayor and Common Council by filing a written 22 statement with the City Clerk. The statement must include the 23 order appeal, the specific grounds of your appeal, and the relief 24 or action sought. This appeal must be received within fifteen 25 (15) days from the date of this notice dated September 18, 1996. 26 27 28 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3749 CASE NO. 10356 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 Larry R. Quiel "Joe" V. C. Suarez, Jr. Ruben B. Nunez X Herbert Pollock X Benjamin Gonzales Leo Cash, Jr. Clerk, Board of Building Commissio The foregoing order is hereby approved this 5th day of September, 1996 . 4A-(airman, Board of Bui ding Commissioners Approved as to form and legal content : James F. Penman, City Attorney By. BBC Background Report - 1347 W. Oak Case #10356 Officer: D. Leeper An inspection was made by the Code Compliance Division. The followin g conditions were observed in violation of the SBMC: SBMC 15. 24 . 040 A-2 Unmaintained Landscape SBMC 15. 24 . 040 A-3 Weeds, Dry Brush & OVergrown Vegetation SBMC 15. 24 . 040 A-7 Structure Requires Paint, Roof, Window And Door Repair SBMC 15. 24 . 040 A-8 Unsafe Walkway 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. 7-23-96 A ten (10) day notice to abate violations was mailed to the owner(s) of record via certified mail with no response. 8-1-96 Reinspections were made and the following conditions were 8-5-96 observed in violations of the SBMC. CODE SECTION VIOLATION SBMC 15. 24 . 040 A-2 Unmaintained Landscape SBMC 15. 24 . 040 A-3 Weeds, Dry Brush & Overgrown Vegetation UCFADB 302 (17) Dangerous Building 9-5-96 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 owner(s) of record shall: Install landscaping where needed and 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 stored,-the property shall not be rented, leased or ocupied until all applicable permits have been obtained and repairs have been inspected and approved by the Building Inspection Division, within ten (10) days the property owner shall obtain required permits to rehabilitate or demolish abandoned structure. All required work is to be completed within 30 days. (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. (D) Due to the owner(s) of record failure to respond or comply within the time frame stated on the previous notice of violations issued,, the owner(s) shall incur these direct costs and any additional abatement costs as a lien upon record, and if not paid, shall be recorded with the County Tax Assessor as a special assessment on the property tax records. �tittNAflp�� T Y O F an bernardino G^�ED 1N♦0 R A C H E L C L A R K C I T Y C L E R K October 8, 1996 Jaime Rosso P. O. Box 3665 San Bernardino, CA 92413 Re: 1347 Oak Street - Parcel No. 0137-152-01 - Case No. 10356 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, ��A Ce O-V k Rachel Clark City Clerk cc: City Attorney Debra Daniel, Code Enforcement Supervisor Administrator's Office File P . O . B O X 1 3 1 8 S A N B E R N A R D I N O C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0 C A L I F O R N I A 9 2 4 1 8 . 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 - 5 1 5 8 T D D/ T T Y - ( 9 0 9 ) 3 8 4 - 5 5 4 0