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Home My WebLink About15- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bill Skiles, Code Compliance Subject: Appeal of the Board of Building Commissioner's Order #3778, 1680 West 27th Street, Dept: Planning & Building Services �0 rp��y�$j ernardino, CA Date: October 30, 1996 `�lIJJ�J lr L( MCC Date: November 18, 1996 Synopsis of Previous Council Action: None Recommended Motion: Deny the appeal and uphold the finding of the Board of Building Commissioners Hearing, held October 3, 1996. Bill Skiles, Code Compliance Manager Contact person: Bill Skiles Phone: 384-5205 Supporting data attached: Staff Report Ward(s): 6 _ FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Continued to Agenda Item No. III q4 to a-9 g A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64): �q c Lk YY1 c-A�- C r) h r c[ 1. The specific action appealed, and date of that action: D C 10 — A y �J � G � 4 a-0� 4x h e ce.6,Q C) �- s o ►� e U o ( � +10 O s o4t no a y ku Q ,K 4 e C 1 o0� d Aa,(�, G 0 2 e C o e r 0,x J � J ak4 l� p ,ce. o C o rye C- - KI s elf e- Q ask o eon � C o e =J, � � j Lj )_ %:4 e �• 2. The specific grounds of appeal: �'1�- UL Q ,r 'C. L(f �6e- C o L•L27 V) + / -0 is 4- ' �o d6e,,Yo?, G Js ar cw1 � e d �r o rep bC ah o 3. The actions(s) sought from the legislative body: s�2 �� C o YYC-G4 + l� . CL a C(S !I- d e v vhd�s 16f 605e- J'4:1,6ij /co� rje-ceLn4% (AJO-.S AJC± e 3 3 nl , L"90 0 9,G a e LV 41 74 4. Any additional information:l CUm YCG4 CJ�. a Ir f��Y bbye� TWOU (, C> a fl �A / ( rr/ �e-4 coy. a 6a 'o l� �� kepj ec VOW- vloi- )p j ��a� 4 ` O n f Signature of Appellant: J'f1' 0 r ev nC C V erew Ws tea- Date: iY lhav, k, YC) SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF November 18, 1996 BACKGROUND See attached Staff Report which by reference becomes a part of this report; Exhibit B The Code Compliance division case file history indicate 1680 W. 27th St. , San Bernardino, has an extensive history of S.B.M.C. violations to include the following: 7/8/96 Lack of landscaping, unmaintained landscaping, weeds, dry brush, overgrown vegetation, trash and debris. 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. 7/10/96 A ten (10) day notice to abate violations was mailed to the owner(s) of record via certified mail with no response. 8/16/96 Reinspections were made and the following conditions were observed in violations of the SBMC. Lack of landscaping, unmaintained landscaping, weeds dry brush, overgrown vegetation, trash and debris. 8/27/96 A Title Report recieved identified the owners) of record and all vested parties. A Notice of Violation and Statement of Direct costs were sent to all parties via certified mail scheduling this matter before the Board of Building Commissioners. 10/3/96 BBC Hearing held, staff recommendation was upheld. Fees incurred: $453 . 60. See order #3778 attached. APPELLLANT'S STATED GROUNDS OF APPEAL 1. The appellant is requesting that the administration fees of $463 . 60 be waived. 2. Appellant states that he was not notified that violations existed. APPELLANT'S ACTIONS SOUGHT FROM MAYOR/COMMON COUNCIL Appellant requests that all administrative fees of $463.60 be waived. STAFF ANALYSIS 1. Fees were based on actual costs to abate delineated in Attached Statement Of Costs sheet. 2 . The City made every legal attempt to notify the property owner, Francisco Gutierrez. Due to the fact he did not leave a forwarding address or change of address his mail was returned. Mr. Gutierrez remains responsible for the maintenance of his property and all associated costs as determined by the Board of Building Commissioners. STAFF RECOMMENDATION That the Mayor and Common Council deny the appeal and uphold the Order of the Board of Building Commissioner Attach: Appeal Staff Report BBC Order Photos (to be distributed at meeting) Prepared by: Julie Hernandez, Code Compliance Officer for Bill Skiles 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. 3778 CASE NO. 10298 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15, Chapter 15.24, the Building Official has posted a building(s) 6 located at 1680 West 27th Street, San Bernardino, California, with a "Notice to Abate Nuisance" and has notified the person(s) having 7 an interest in said property that the said building(s) or premises 8 constitute a public nuisance; 9 WHEREAS, pursuant to San Bernardino Municipal Code, the 10 Building Official has served a "Notice of Hearing Before the Board 11 of Building Commissioners of the City of San Bernardino", relating 12 to abatement proceeding, to the person(s) having an interest in 13 the above property, and has prepared a declaration of mailing of 14 the notice, a copy of which is on file in these proceedings; and; 15 WHEREAS, a hearing was held to receive and consider all 16 relevant evidence, objections or protests on October 3, 1996, and; 17 WHEREAS, there was an appearance made by Francisco Gutierrez 18 having an interest in the above property. 19 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 20 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 21 22 23 24 25 26 27 28 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3778 CASE NO. 10298 2 PAGE 2 3 SECTION 1. Based upon the evidence was submitted, it was 4 found and determined that the building(s) and or premises located 5 at 1680 West 27th Street, San Bernardino, California constituted 6 a public nuisance. 7 SECTION 2 . The Board of Building Commissioners accepted 8 staff's recommendations. The property owner(s) are hereby 9 directed to comply with the following requirements. Within ten 10 (10) days from the date of this order, the owners) 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. 17 SECTION 3 . Upon the owner(s) of record failure to comply 18 with the order of the Board of Building Commissioners, the Code 19 Compliance Division shall proceed to initiate abatement action by 20 obtaining an Inspection/Abatement warrant to abate violations 21 noted. 22 23 24 25 26 27 28 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3788 CASE NO. 10298 2 PAGE 3 3 SECTION 4 . It was determined that the City was required to 4 initiate abatement proceedings upon which the City incurred costs 5 in the amount of $453.60. 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 f 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 October 15, 1996. 26 27 28 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3778 CASE NO. 10298 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 October 1996, by the following vote, to wit : COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso Carol Thrasher Amado Savala k Larry R. Quiel "Joe" V. C. Suarez, Jr. X— Ruben B. Nunez Y— Herbert Pollock Benjamin Gonzales Leo Cash, Jr. er oard of Building Commissioners The foregoing order is hereby approved this 3rd day of October, 1996 . Ch rman, Board of Building Commissioners Approved as to form and legal content : James F Penman, City Attorney By: