HomeMy WebLinkAbout15-Public Works
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CI4+ OF SAN BERNARDQO - REQUQT FOR COUNCIL AB.ON
STAFF REPORT
On ';anuary 4, 1985, the Board of Building Commissioners adopted
Resolution No, 994 ordering 'that the buildings declared a nuisance an1
located at 1111 W. Base Line, San Bernardino, CA, be abated by
demolition. The action was based on findings made by the Board of
Building Commissioners which include:
1. As set forth in Exhibit A attached hereto, this property has
been a nuisance since May 5, 1978.
2, It should be noted that the property was originally set for
demolition on August 7, 1981.
3, Item 18 of Exhibit A and page 5 of the transcript of the BBC
hearing (attached hereto as Exhibit B) show that in September of 1981,
the owner of the property attempted to obtain financing for the
rehabilitation of the property through the Community Development
Department. At that time, it was indicated that the overall cost of
bringing the property up to Code would be $240,000.
4. The record indicates that at an undetermined date in 1981,
the exterior of the property was stuccoed by the owner. No permits
were obtained for this work. No other repairs have been made to the
property since that date, The property has continued to deteriorate
since the date of the original demolition resolution in August of
1981,
5. Your attention is called to the comments of Mr. Lowell Withem
appearing at pages 17 through 19 of Exhibit "B". Mr. Withem is the
owner of the business located immediately adjacent to the subject
property over the past 18 years. Mr. Whithem has been continually
concerned about the subject property because of the negative impact it
has had on his business due to the physical blight and crime problems,
He states that except for the stuccoing noted above, he has not seen
any repairs made to the property in 18 years.
6. The Board of Building Commissioners' action is further based
on the findings as set forth in the report on Project No. 1363, which
is denoted as Exhibit A, but which appears as Exhibit C of this
package, Observations made of the deteriorated electrical and
plumbing systems and of the structural damage were observations made
from the exterior of the property. If any request is made for a
continuance of this action or for relief from this action for
abatement, it should include a stipulation that the Building and
Safety Department be allowed to make an inspection of the interior of
each and everyone of the individual units to determine the full
extent of any rehabilitation to be performed.
75-0264
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RECOMMENDATION
Pursuant to San Bernardino Municipal Code Section 2.64.080,
it is recommended that the appeal be limited to a review
of the evidence, findings and record (and that new and
additional evidence not be received).
It is further recommended that the following motion be
adopted:
I move that the resolution of the Board of Building
Commissioners to abate the property by demolition be
affirmed.
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FACT SHEET
1111 W. BASELINE
ReportlProject No, 1363
Assessors No: 139 081 02
1. 1115/85
2, 1111/85
3. 1/9/85
4, 1/4/85
5, 1/4/85
6. 11/27/84
7, 10111/84
8, 10110/84
9. 1011 0/84
10. 617182
11 , 514/82
12. 5/3/82
13, 4/29/82
14, 3/23/82
15, 10/5/81
16, 1014/81
17, 1011181
18, 9/24/81
19. 9/23/81
20, 9/21/81
21. 9118181
22. 9/2/81
23. 8/31/81
24, 8/20/81
25. 8119181
26. 8118/81
27. 817181
28. 817181
29. 817181
30, 817181
31. 7122/81
32, 7114181
33. 7114/81
34. 6/2/81
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As of 1115/85
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No work done,
Letter of appeal.
Property posted.
BBC Resolution (demo and vacate).
BBC hearing.
Fire report (demo),
Four (4) page correction letter,
Title report,
Ten (10) page correction letter,
Appeal tabled,
Letter from City Clerk for another appeal on 6/7/82.
Letter to owner to make repairs,
Letter to owner that his 6 months are up (no work done).
Fire report (demo),
Owner came in for information about permits, but never took any out,
Owner granted 6 months to make repairs.
Second posting to vacate buildings,
O,C.D., Bob Self's people went out, about $20,000 per unit to bring
up to code, Property valued at about $240,000,
Bids for demolition taken.
Letter sent for bids to demolish,
First posting to vacate.
Letter from City Clerk demo upheld by Council.
Appeal denied,
Request for appeal.
BBC posting,
Certified letter sent,
Request for appeal,
BBC resolution (demo and vacate),
BBC hearing.
Permit taken to demolish garages.
Letter to BBC members,
Fire report (demo),
Certified letter sent.
Nine (9) page correction letter,
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FACT SHEET
1111 W. BASELINE
ReportlProject No, 1363
Assessors No: 139 081 02
Page 2
35. 611/81
36. 3/24/81
37. 1119181
38, 1/8/81
39, 1/8/81
40, 1/8/81
41. 1219/80
42, 5116180
43. 5115178
44, 5115178
45, 5/5178
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As of 1115/85
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Fire report (demo).
Notice of default,
Certified letter sent,
Three (3) page correction letter.
Certified letter sent.
Notice of noncompliance sent,
Complaintslcorrection notices,
Complaintslcorrection notices,
Notice of Pendency filed.
Three (3) page correction letter,
Complaints/3 page correction letter,
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Transcription of January 4, 1985 meeting of the Board of Building Commissioners, on
ReportlProject No, 1363, a 13-apartment complex located at 1111 West Baseline and
owned by Marvin R. Taylor.
Commissioner Miller: Let's proceed with Project No. 1363,
Jack Rosebraugh: These apartments are located at 1111 West Baseline, We've had many
correspondence with this particular project, It has been before the Board of
Building Commissioners before with several hearings and it has been requested
that through our inspection it be brought back forth for hearing today, The
owner is listed as Marvin R. and Ethel L. Taylor and there are several people
here who would like to speak on it. #
James Clark: Again, I have photos here that are going to be presented to the Board
for documentation, showing what the property is and where it's at, Photos were
taken 5-5-78, 1-6-81, 7-13-81, and 10-10-84, and these photos were all taken by
myself. Is there anyone that wishes to look at these again before submitting
to the Board? (no response)
On October 10, 1984, an inspection was made of the above structures and premises,
and the substandard conditions which shall include, but not be limited to the
following, were observed:
1. The external portions of the premises are generally littered with trash and
debris, including old and non-operable automobiles.
2. The main electrical panel for the premises was observed attached to desig-
nated structure Number 1, The condition of the panel box was such that
there were loose wires and the old wiring was intermixed with what apparently
was functioning wiring, and the entire panel box was open to the elements,
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3. On a building designated as Number 3, the electrical junction box was open
to the elements. Old and new wiring was mixed with the box with little pro-
tection for the operable wiring from contact with the old, non-operable
wiring.
4. In apartment designated as Number 5, there appeared external evidence of
leaking from a water line in the form of wet spots on the external stucco
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near the base of the structure,
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5. On apartment designated as Number 6, there was an open sewer line which was
observed to be draining onto the ground adjacent to the apartment,
6. Apartment Number 4 was observed to contain a broken bathroom window, It
was broken to the point where there was only a portion of the frame remaining
in the window.
], At ,apartment Number 4, the subfloor is deteriorated and suffers dry rot and
termite damage,
8, On unit designated as Number 13, the exterior stucco was removed from the
base of the structure to the extent that the underlying support was visible,
By direct observation, the supports had suffered extreme dry rot and termite
damage. There is also extreme deterioration of the roof structure, On the
west side of apartment Number 13, there is evidence of damage to the building
from being struck by a vehicle, causing the breaking of the external stucco
near the base of the structure. Also, there was an attached water heater
compartment which had suffered complete deterioration of the wood external
portion of the structure, and does not support or supply proper weather pro-
tection for the underlying water heater,
(9) Apartment Number 9 was observed to have holes in the exterior stucco at the
base of the structure and an external heater vent pipe was deteriorated to
the point where there was approximately a six-inch hole by three-inch hole in
a pipe with a diameter of approximately four inches.
(10) The premises are required pursuant to the zoning to have carports present.
There are presently no carports on the premises and there are no other pro-
tection for vehicles for the residents,
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(11) A swamp cooler, elevated and attached to apartment Number 1, is leaking
and creating a stagnant pool of stagnant water near the rear of the structure.
(12) There is a concrete slab for parking at the rear of the premises and it is
observed that the ground beneath the concrete slab is eroding and removing
the support from this parking area,
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(13) The owners of the premises had previously been observed to have made sub-
stantial repairs to the exterior of the structure, and a check of thl i ecc. '.
indicates that the appropriate permits were never taken or issued for the
work that was observed to be done.
Upon the basis of the observations as set forth above, I find that these premises
constitute a dangerous building as defined by San Bernardino Municipal Code Sec-
tion 15,28.010 (A), Subsections (1), (4), (6), (7), (11), and (14),
The owners were sent a certified mailing of these conditions,
We ask for the abatement of the structure by an order to vacate the premises imme-
diately, and for demolition,
All such substandard buildings are hereby declared to be a public nuisance. Such
nuisances shall be abated by repair, removal or demolition of such unsafe build-
ings by the proper procedures, Permits are required prior to start of repair or
demolition work.
These buildings are premises are found to be in violations of the following pro-
visions of the San Bernardino Municipal Code, and the Uniform Housing Code and the
Uniform Building Code as adopted under Section 15,04,020 of the San Bernardino
Municipal Code, Violations are of the Uniform Building Code (1979 Edition) Section
104d, Chapter 2, Sections 203 and 205, Chapter 3, Sections 301a, 303a, 305a,
Chapter 12, Sections 12l0a; Uniform Housing Code (1979 Edition), Sections 2, Sec-
tions 202 and 204, Chapter 6, Section 601d, Chapter 10, Sections 1001a, b, c, f,
g, h, i, j, k, and 1,
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Total costs incurred to date: $595.34. And we do have a fire report.
Ken Frye: On November the 27th, 1984, the Fire Department inspected 1111 West Baseline,
The property contains trash, debris, abandoned vehicle, substandard electrical
service, dry rot, open sewer, and broken windows.
The property is a fire hazard and dangerous to public health and welfare due to
inadequate maintenance, dilapidation, obsolescence and unsafe buildings.
The following fire code violations were noted: 2.201/Unsafe buildings shall be
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abated by repair, rehabilitation or demolition, 3.10l/Unlawfully continuance
of a fire hazard. Municipal Code 8.360/Abandoned, wrecked vehicles on th~ pro; 2~
The buildings are declared to be a fire hazard, public nuisance, unsafe and dan-
gerous to public health and welfare, Immediate abatement by repair or demolition
is reques ted,
James Clark: In addition to this information that has been submitted at this time,
this case has been in front of the Board once before and at that time the build-
ing was recommended for demolition as a result of the same condition, The owner
had attempted to go to RDA to attempt to get funding and apparently there was a
failure from RDA to assist the owner to attempt to get this, and over the past
years we have never been able to get the owner to comply with the original direc-
tive to repair or bring these buildings up. So as it stands now, the Department
feels that the grounds and the premises as described are an imminent danger to
the life and property of the individuals there and we do recommend demolition
of the structure, We also have people here on both sides requesting to speak on
behalf of this case.
Commissioner Miller: What was the date when that was before the Board before?
James Clark: August 24, 1981, So that'd be August 3, 1921 when it was in front of the
Board once before.
Commissioner Miller: Almost three-and-a-ha1f years ago.
audience, (assent) Would you please come up to the
the podium) State your name, and present address,
Is the owner present in the
podium? (Mr. Taylor is at
please.
Marvin Taylor: Marvin Taylor, 23611 Duryea, E1 Toro.
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Commissioner Miller: In E1 Toro?
Marvin Taylor: Right.
Commissioner Miller: According to the record, you have had a little over three years
to bring this up to Code.
Marvin Taylor: Well, this is true, but I'll tell you what had happened, I".once they
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take the property and put it on demolition, or whatever you call it, this made
it hard for me to get a loan. In other words, I couldn't even get a loan. In
other words, if you've got it up for demolition, right?
Plus, I went to, like you say, the Redevelopment Center and asked them for a
loan. They came out and made an appraisal on the property and came out with some
figure saying that I needed 200-and-some-thousand dollars to bring it up. Then
I went and got a certified licensed contractor, He came up with a figure of
$89,000. So, what I was saying is that they actually just ballooned the figure up
to keep me from getting a loan, because if I had a contractor that was willing to
bring it up for $89,000, I felt that I should have been able to get the loan.
Then, interest rates went up -- I couldn't actually go out and borrow money
against the property at 21-percent. If you noticed that last three years, the
interest rates have been too high for you to do anything. And I didn't have
that type money.
Sure, there's a lot of things that's wrong with it, but we've made some improve-
ments to it. Of course, I realize that Jim Clark, when he comes up, he gonna say
the worst things about the property. But back in '83, no, back in 'Bl when we..,
after they had that City Councilman meeting, they was putting it up for demoli-
tion, and Mayor Holcomb personally went down to see what the problem was and he
walked through the whole property, went through, talked to the tenants, checked
it out, And he came up with the conclusion, he say, told I think was his name
Mr. Rosenbloom (indicates Jack Rosebraugh) over there, was with him, and he told
Mr. Rosenbloom that the property was in livable condition.
Like you say, they need some repairs, which, you know, I had planned to do. But
each time I would go; I would run into a stone wall because the money that was
actually allocated for that section, when they would send someone out there they
would actually raise...put figures in there that, I mean, wouldn't even justify
it. For instance, little...each little apartment probably wouldn't cost but
about $10,000. And be it from ground floor. And they came up with a figure
saying it was going to cost $20,000, which was ridiculous,
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So I...but then, like I say, then I tried several more places and I managed to get
some money and we was fixing certain things up, But we didn't do the major things,
of course,
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But in the last three months, the interest rates have fallen, and now it's
a little bit better and a person can go out there and get a loan without
going in the hole. So I went out and I got me a loan now.
Plus, I got me a contractor and he's going to do the major things, like the
electrical work. Sure, we had some structural work that need to be done, but
that could be done on a later date ~s far as I can see, you know. The main
thing we was going to do was electrical work and they zapped me on it and they
said that it was the plumbing, Well, some of the plumbing that they was talking
about wasn't even.,.it wasn't the plumbing. It was from the heaters. It was
the heater vent pipes, so, what I said I was going to do just to eliminate that
problem, I've just go and put in wall heaters because they have the old type
floor heaters in there. And that's basically all I could do at the time.
Except for that I went down to CDC about two months ago and they told me that
they had received some funds that was allocated for that section, So I asked
them how soon, because I knew that I was going to have to come to this meeting,
so I told them I would need to get something as soon as possible, where I could
come down and at least say I got something in the works, But they said they
hadn't figured out exactly how they was going to allocate the funds, But they
did say it was a good possibility since the units that I had fell within that
location, That I could get some funds. And they told me to come back today. I
went down there yesterday, and they told me to come back today and talk to one of
the supervisors.
So it's not like I haven't been doing anything, Like I say, naturally when Jim
Clark get up he's not going to say anything good. He's going to look for all
the negative points. I know this...
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Commissioner Sheehe: Sir, where in the hell is there anything good down there? I've
been down there in the daytime, have you?
Marvin Taylor: Yeah, I go down."
Commissioner Sheehe: You're a disgrace, sir. You try to tell me that that only needs
a little electrical? And",
Marvin Taylor: Well, I....
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Commissioner Sheehe: ..,there's no plumbing. And there's; no rot?
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Marvin Taylor: I didn't say there's no...
Commissioner Sheehe: That's a slum, sir, and you are a disgrace. You must have been
there at midnight.
Marvin Taylor: Well, I put it this way."
Commissioner Sheehe: I have been there for the last three or four years looking at
that place -- every time the cops have been there.
Marvin Taylor: Well, put it this way, if it was that bad, why didn't something be
done with it before now? I mean, by the time I got the place, all of a sudden
I started getting all these problems, So that place is a lot better since I got
it than it was before I bought it, So if it was that bad, it should have been on
the list then. That's the way I see it. It might..,
Commissioner Sellas: It's on the list now.
Marvin Taylor: It's on the list, sure, But, I mean, I see a lot more places in San
Bernardino that's worse than that that's not on the list. And like I say. well,
I'm not going to argue about that, like I said, sure it might be on the list, but
that property is not so bad to where it can't be repaired. The only thing you
need is money. And the loan.
Commissioner Heil: Let me stop you right there. How much work have you done on those
buildings?
Marvin Taylor: Oh, I've probably got at least $15,000, just in repairs. About $15,000
and better just in repairs on.,.
Commissioner Heil: They don't show it.
Marvin Taylor: Well...
Commissioner Miller: Mr. Taylor...
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Marvin Taylor: ...you're looking...
Commissioner Miller: ...may I say something? How many permits did you take out or
did you take out any to do $15,000 worth of work?
Marvin Taylor: Well, see, when I say $15,000, the type work we was doing, really,
it wasn't the type work that we was doing that needed permits. We wasn't doing
the major work. Only thing we was doing was just doing the painting."we was
doing., ,stuff like that. We wasn't doing no electrical work, Sure, electrical
work hasn't been done. It's in the process of being done,
Commissioner Miller: Well, Mr. Taylor, when you were here a little over three years
ago, you were instructed to take out permits to bring it up to code.
Marvin Taylor: Yeah, but...
Commissioner Miller: And you haven't done that,
Marvin Taylor: But, see, the thing was, alright, There's no use in me going down
there, taking out permits, to do all that electrical work, when the interest rates
was at 2l-percent, and I knew I couldn't possibly go down and get that loan. I
mean, no one's going to go down and get a loan at 21-percent knowing, when you
get that loan and sign it, you're going to be just, , ,more or less,..I mean, I
might as well walk away from him. Because it couldn't even carry a 21-percent
loan. And what I'm saying is, if I had gotten that loan that I think I rightfully
deserve to get, those properties would have been repaired and fixed up. Because
I was willing to sign the loan and everything. But they just wasn't willing to
turn the money loose. And, like I said, it didn't take as much money as they said
it took. They took...they said it took that much money. Then, when it got to
Committee, sure they going to turn that down at 200-and-some-thousand dollars.
Common sense will tell you that. But if they had of come in there with that
licensed contractor and let him bring all that stuff up to code like he said he
was going to do, then all this could have been avoided. But no. They went and
blown the loan up to where I couldn't get it. And now you're telling me it's a
disgrace, Well, I didn't build that property. I just bought the property and
it was like that when I bought it,
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Commissioner Miller: Are all of them rented, Mr. Taylor?
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Marvin Taylor: What's that now?
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Commissioner Miller: Are all those apartments rented at the present time?
Marvin Taylor: Right. They're all rented and...
Commissioner 11iller: Alright, tell me something. How much a month do you get for
all those apartments?
Marvin Taylor: One-seventy-five. ($175)
Commissioner Miller: And that's per each?
Marvin Taylor: (in agreement) Per each,
Commissioner Miller: And you have thirteen of them, do you not?
Marvin Taylor: (in agreement) Thirteen of them,
Commissioner Miller: And in three years time, I think you could have made some improve-
ments on this property.
Marvin Taylor: Well, you've got to look at it this way, now. I got a..,I got loans
against that property, plus they don't pay no electrical, they don't pay no water,
the trash...you know. I've got overhead at that place. Plus, I don't get
thirteen units' rent. It's twelve. And all of them are not rented at all times.
I have vacancies at times, from time to time, Plus, I have people in there that
run up a bill and don't pay. So you can't just multiply out, say, thirteen times
this, and come up with a figure and say this is the amount of money I have. It
doesn't work that way. I wish it did.
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But like I was saying, my major problem right here was when HUD allocated that
money, or whoever it was, when I went down to the Redevelopment Center and they
ballooned that property...that price up on me. That just more or less killed me
right there, because I felt that...I saw the lady that they sent. See, they
didn't even send a contractor down there. They just sent -- it looked like a
secretary -- down there. She didn't even know what to look for, Then she came
up with a 20-some-thousand dollar figure. And then, when she came up with the
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figure, they came up and made me submit a loan for 200-some-thousand. When
I submitted for 200-some-thousand, they iooked at the property and say "That
property ain't going to carry no 200-and-some-thousand dollar loan". Well,
you know, I knew it wasn't either. So that was my major problem.
And like I said, that property,..I know he (indicates Commissioner 5heehe) said
this is a disgrace, but those...that building...those are good, sound buildings
as far as I'm concerned, And if it wasn't sound buildings, I wouldn't be able
to rent 'em. Matter of fact, I probably rent those buildings a lot easier than
some of these people with these other buildings. So, I don't see what the pro-
blem is, They not convicted, If those buildings was bad, as you say, and a
disgrace, the law of economics would just put me out of business because of the
law of supply and demand. I couldn't get nobody in there, And I wouldn't be
able to rent 'em. So, if I couldn't rent them, I'd have to..,you'd have to.,.I'd
just let you tear 'em under. So it couldn't be that bad. It might not be as
good as I'd like for them to be.,.
Commissioner Ortega: Mr. Taylor?
Marvin Taylor: Yeah?
Commissioner Ortega: Over here, Ortega. (giggle) It's me, over here, You've had
three years to fix that thing up.
One of the Commissioners: Four.
Commissioner Ortega: Four years, okay.
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Marvin Taylor: Alright, I...
Commissioner Ortega:
down, fluxuate.
Now, we can't worry about the interest rates.
But you have to fix that thing up. And you've
They go up and
had three years.
Marvin Taylor: Right, I had...
Commissioner Ortega: You've had half a chance.
Marvin Taylor: Alright. I had three years and, like you say, the interest rates go
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up and down. But the interest rates have not been down low enough to where you
could get it and then do anything, because the interest rates just dropped the
last three months. They just dropped. As a matter of fact, the prime,..when you
told me to fix those places up, the prime was 21. Twenty-one percent. I mean,
in five years, I mean, that would be double. If I'd had got a loan, I would owe
more now on that loan than it was when I got the loan. So I couldn't possibly
have got that loan, I mean, so it wouldn't have even made common sense to do
that, So that's the reason I didn't do it, But, like I say, it wasn't that I
didn't want to do it. And it wasn't that I wasn't fixing the place up somewhat,
because if I hadn't been, all the people would have been and moved out, And as
you can see, I got people been in there for five and six years, So if it was
that bad, they'd leave. Go down and get in a better place. So I don't see the
problem there. And like I say, if it was that bad when Mayor Holcomb walked
through there, why did he say it wasn't that bad? He's the Mayor, He can say
it "Tear 'em down". But by the time he walked through, and he looked, because
see, what you're doing...a lot of time you read...what you read and what you see
is two different things. Like when he went through, he actually went through and
looked and he saw how the people was living, And he asked them questions.
Commissioner Sellas: May I ask you another question here?
Marvin Taylor: Um. (in agreement)
Commissioner Sellas: How much crime has been going on in those apartments?
Marvin Taylor: Well, I'm going to tell you.
Commissioner Sellas: I want to know the truth. How much crime?
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Marvin Taylor: It's been around, not necessarily...
Commissioner Sellas: How many murders have been in that building?
Marvin Taylor: One.
Commissioner Sellas: One?
Marvin Taylor: One murder. And that was in,..you can't count what's in that vicinity.
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But on my property, there was one murder. One. And I'm not responsible for
what happens around that area. I'm only'responsible for what happens...
Commissioner Sellas: There is more crime going on in those apartments than you can
shake a stick at,
Marvin Taylor: Well, I wouldn't really say that because ~ost of the people there
are not even from this area. And, matter of fact, I did it on purpose, to keep
it from having crime, Now all those people do is just go to work in fields and
things, and come back. I got about, well, like I said, 90-percent of the people,
well, about, over 50-percent of them from Mexico.
Commissioner Sellas: Over 50-percent are what?
Marvin Taylor:
no crime.
Over 50-percent of my tenants are from Mexico and
I've never seen anyone of them ever go to jail,
they don't create
Never,
Commissioner Ortega: Mr, Taylor, do you have a loan pending, or are you going to get
a loan pretty soon?
Marvin Taylor: Right, well...Sure. As a matter of fact, I'm talking to them now
about a loan.
Commissioner Ortega: How 'bout 30 days to get that loan?
Marvin Taylor: Well, put it this way,
out the check the property out and
it from COCo
I'm going to get the loan as soon as they go
let me know. I can't, you know, I'm getting
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Commissioner Sellas: You told us the same thing last time you were here.
Marvin Taylor: NO...I...I'm going to tell you what I told you last time. Last time
I told you that I had about $25,000 in a trust deed that I could possibly get.
And I could get that and do part of it, right? That's what I told you, I didn't
tell you that I was going to go out and get the loan. Sure, I was going to go
get a loan, but I said, if the interest's fair. When it's fair. And I was trying
to get some of that cheap money like everybody else is getting around here, But,
I didn't want to go out and get no 2l-percent. I mean, I mean that's,..how could
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<;>age 13
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you possibly force me into going and getting a 2l-percent loan? Plus, like I
,
said...
Commissioner Ortega: Why don't you raise the rent to compensate for that?
Marvin Taylor: You can't raise it. I mean, I got to get the loan before I can raise
the rent.
Commissioner Ortega: You've got to do som~~hing, You can't...
Marvin Taylor: Once I get the loan",
Commissioner Ortega: ,..care about the interest rates, That's what,.,
Marvin Taylor: Now, you can't bitch about the interest rate, but what I'm saying is
why don't somebody go down there and talk to the people and let me get the loan,
I'm qualified for a loan. My credit is good, They say those apartments fall
within the jurisdiction of that money, Why can't I get some of it? That's what
I'm saying, That 4-percent money. They got it out there, That's what I want.
They got 4-percent. Plus you don't have to make no payment on it for five years.
So, I mean, something like that.,.sure, I'd go out...they".I'd let 'em fix the
whole thing up, It's no problem, And you can't tell me those apartments are so
bad they can't be repaired because, like I said, I had a licensed contractor out
there, And if he had said different, I would have backed out a long time ago.
Commissioner Heil:
It seems to me we heard these same words three years ago.
Marvin Taylor: Well, you probably heard some of them.
~
Commissioner Heil: You've taken in, conservatively, seventy-five to eighty thousand
dollars on rent in those years. You haven't put it back into the apartments.
Marvin Taylor: Hey, now, now, now, put it this way, If I own those apartments out-
right, then I could probably ply it back in there. But, as you know, I, put it
this way, I don't even own a controlling interest in them apartments. And what
I got to do, I got to pay the real owner with the first trust deed. I can't take
his money and ply it back into them apartments, I got to pay my first note, I
gotta pay the second, plus I gotta pay all the utilities. I got to pay my taxes.
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And another thing, they put the property and put it on...they said it wasn't worth
nothing. But what they failed to do, they failed to go around and tell the tax
assessor that, Because about four years...about a year-and-a-ha1f ago, I got the
tax bill for $800 I had to pay. So if it was that back, then, they should have
went right on aroun~ when they put it on this list for demolition, they should
have went ri ght on 'round to the tax assessor's offi ce and say "Mr. Taylor's pro-
perty is now worth zero".
Commissioner Heil:
It's not up to this Board to worry about your financial problems,
Marvin Taylor: Alright, I'm not asking".
Commissioner Heil:
would happen,
You bought the property; you knew when you bought them then what
what the hazards are, because you say you have owned other properties,
Marvin Taylor: Yeah, but, I never owned any in San Bernardino, and, like I said, it
looked like it was going pretty good there, until I got them, and once I got them
looked like I didn't have...I bought those properties in December, I think in
January Jim Clark was down there,
Commissioner Heil: Well, we're right back to ground zero again.
Marvin Taylor: All I'm asking is...
Commissioner Heil: We're right back where we were four years ago.
Marvin Taylor: Okay. Put it this way. All I want to do is let me see if I can get
some money from CDC. If CDC don't lend me no money, and if I can't get the money,
you can come down with the bulldozer. I'll just back out of it altogether.
~1\;
Commissioner Ortega: How long do you need? Thirty days? Sixty days?
(Discussion among Commissioners over thirty days or sixty days).
Marvin Taylor: Thirty days...real1y, thirty days, I can't really do anything with
thirty days, Thirty days would be over with before I could get even all the
paperwork ready. That wouldn't even be realistic. I need at least sixty days.
Plus, I already have..,Now, I don't need no thirty days before I can get what
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they call a "help hazard" type thing. I already got a licensed contractor for
the elEctrical work, and I already paid ~im. He's going to do the electrical
work for me. He's going to bring it all the way up to code. He's out there
in the audience right now. I paid him for that. Plus, he gonna put new heaters
in. I'd paid him on that, too. So that part, you can scratch that part of it.
That part won't even be any more problem. Only thing we're going to be dealing
with now is just the structure part.
Commissioner Ortega: Mr. ..,
Marvin Taylor: If I can get...if.,.
Commissioner Ortega: Who is this contractor you have?
Marvin Taylor: There he is, right back there, (gesturing toward audience)
Commissioner Ortega: What's the name of your contractor?
Marvin Taylor: Abe Electric.
Jack Rosebraugh: Mr, Chairman."
Commissioner Miller: Yes?
Jack Rosebraugh: We're certainly talking a lot more about electric than...The whole
building needs to be, from top to bottom, from termite to...just to say a person
is going to do the electrical, that's only the."just a start.
Marvin Taylor: Now, I had a termite check on that property out there. He came out
there and he checked it. He told me the structure was good. Only thing that
had some surf-terrain termites...subsurface termites.
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Commissioner Ortega: When did you have it termited?
Marvin Taylor: Huh?
Commissioner Ortega: When did you have it termited?
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Marvin Taylor: It's been about three years ago.
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Commissioner Miller: Who did it?
Marvin Taylor:
just looked
out there.
I'm not
in the
And he
sure who,.,what the company's name was right
phone directory and pulled one out of there,
checked...
now, because I
and brought him
Commissioner Rivera: When you knew he was coming, you should have everything down
in black and white,
Marvin Taylor: Well,..
Commissioner Rivera: You're just guessing...
Marvin Taylor: I'm not guessing.
Commissioner Rivera: Yes you are,
Marvin Taylor: Guessing at what?
Commissioner Rivera: That the,.,
Jim Clark: Mr, Taylor says that just after,he bought it we were out there and on it.
Our file goes back to 1978, when Mr. Gladish was out there. Mr. Taylor was the
owner then, At that time, the back doors were boarded up, heaters were defective,
kitchen sink drains were broken, other drains were leaking, broken windows, elec-
tricals over tubs, toilets leaking at the base, plaster falling down, light
switches broken, deverter valves not operating properly, unsafe electrical bed-
room light fixtures broken, ceilings leaking, sewer on the ground, That was in
'78.
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Marvin Taylor: Yeah, That's when I bought it, Alright. Where's the file for '77
when I didn't have it? I bet you don't have nothing.
Jim Clark: Then the original hearing, when he first came in when we took an action to
the property was August the 7th, 1981. The decision of the Board of Building
Commissioners at that time was that he would be granted thirty days in which to
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commence to start work, and sixty days in which to either completely rehabili-
tate the structures or to demol ish the structure. Went to the Council, and
Council on August 20th, 1981 approved the action of the Board of Building
Commissioners to take and demolish the structure, Mr. Taylor came in on
10-15-81 and we wrote up a preliminary repair permit for $65,000 which he never
came back and got...
Marvin Taylor: No, I couldn't get the loan.
Jim Clark: .. .and as a result, the indication is that we just don't get any compli-
ance and we're continuing to get more and more complaints, and now it's expand-
ing through the neighborhood. We should listen to those people before we go
any further into it, and then come back to Mr. Taylor so that we can see what
the overall picture is.
Commissioner Miller: Alright. We'll do that. Mr. Taylor, if you would please be
seated, we'll hear from the people around there. Is there anyone in the audience
that would like to testify at this time? Would you please approach the podium?
Please state your name, address -- do you have a business there on Baseline?
Lowell Withem: We have a business there, sir, on Baseline just to the east and adja-
cent to the property. My name is Lowell Withem. I'm the owner, The company is
Pictorial Sciences, Inc., and we ha,ve been in that building and next door to this
property for about 18 years,
Through the years, we have constantly been harassed again by people...and of
course I realize this is not Mr. Taylor's problem.. ,but the buildings, ever
since we have been there, have been in the state of disrepair to where it has
created a slum environment that has been conducive to crime of all kinds. From
the very beginning, we have had everything from kids just stealing hubcaps to
finally, I had one of my employees a few weeks ago held up at gunpoint in our
parking lot in the back of our building. We have two large lights out there and
I don't know if those lights are a problem, but again, just a few days ago we
had both lights shot out by their bullets that...bullet holes in the lights. So
through these last years and months, again, approximately I think it was early in
19...1ate spring, 1981, I think Mr, Frye and one of the members of the Building
and Safety people came out, had a talk with us, and at that time we had a building
in the back of our property which had been a house built way, way back. And we
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were using it for storage. It was sub-standard; certainly not livable but, in
actuality, much more livable than any of ' the apartments that were next door to
us. They told us that they felt this was a substandard building and not livable
and, of course, nobody was living there, but if they would tear that down because
they were going to condemn the buildings next door, why, they would have to
condemn this one, as well. So we had the building torn down, totally to the
ground.
A couple of months later, we noticed that a couple of coats of plaster was put
on the outside of the buildings next door, and that was the extent of the repair.
I have personally been aware -- I have seen the insides of the buildings as we
have gone over and called on some of the folks and asked cooperation because of
all of the crime that we not only in the neighborhood but being perpetrated on
my employees next door, asking their cooperation in saying who was coming.
Because all of the difficulty was coming".they were going through a fence",I
finally had a fence erected with barbed wire on the top. They have dug holes
underneath of it, they have taken the wire down on top and so forth and we have
had everything from batteries stolen to the vehicles robbed, to just a little
bit of everything in our parking lot, again, which is adjacent to the buildings
in the back. So I have personally been over there and seen a number of the apart-
ments. There are holes in the walls; nothing as far as I can tell has been done
on the inside in any of the years since we have been there. And again, we have
been there and we observe this every day, It isn't like one inspection or some-
thing like that. We are there every day and observing what is happening with the
people that are there. It is an environment that is conducive to crime. In fact,
they have come across on our property back of the fence. There are people that
are sleeping back there. There are narcotics that are buried back there on our
property by these people. We have informed the police department about it. But,
again, I realize it's not Mr. Taylor's problem as far as the people that are doing
the crime it is just that this is the type of a slum. And I've been to the east
coast and I don't think there is another place in San Bernardino that is a slum
that is equal to this one next door to us. So we have complained, we have been
to the police department. They have forced to double up on their patrols around
the property. We have burglar alarm systems, We have done just about everything.
h
Now, my firm employs approximately 25 people, I have a number of them here this
morning and maybe they would like to add a little something to what I have to say,
But I would have to say that there has basically been nothing done all through
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these years to the apartments next door to make them livable and, while I can
sympathize with Mr. Taylor and so forth,~1 am a businessman as well. If I can't
afford to be in my business, I simply can't be in my business.
We have a lot of expensive equipment in our building next door. We have these
25 people working there. If we should have a fire, which I have just been
frightened to death of because the buildings, again, are very, very close
together. If there should be a fire that would get over on the roof of my build-
ing and, again, it would be astronomical in cost to us. So I would recommend
very strongly and I have asked a number of times that these,..1 don't think that
it is possible to fix up these buildings that would bring them up to codes that
would have any kind of an environment that would not be conducive to the type of
difficulty we have experienced, I do know something about building -- my father,
years ago, was contractor's licensed investigator for the State of California
for a good number of years, Austin Withem. And, so I do know something about
buildings and what they should be like and this, again, is probably the worst
slum conditions that I have seen either here or on the east coast. So we feel
very, very strongly that these should be demolished and torn down just immediately.
There has been sufficient time to take action and promises just don't cut it.
So it needs to be gone. Thank you,
Commissioner Miller: Thank you. Is there anyone else in the audience that would like
to testify? Please state your name and address,
Robert Stewart: My name is Robert Stewart and I'm employed at 1097 West Baseline.
I've worked for the company approximately ten years.
One of the Commissioners: Talk into the mike.
~
Robert Stewart: Okay, sir. And in that time the structures next door to us at 1111
have deteriorated substantially. Part of the problem is just no maintenance at
all from what I have seen, except for the color-coat stuccoing that was put on
two or three years ago. Right now, there's all the vents below the floor line
on almost all the structures have been knocked out. That's being used for what
apparently is easy access for drug storage, We see people bend down and reach
inside and grab something and they come out and light up. One of the structures
in the southeast corner right now has a flex pipe running out of the window and
that's being used as a sewer line, Evidentally there's a washing machine or
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something in there. They're dumping the water out onto the ground in that point.
There's...they're using the fence line..:our fence...to hang clothes on. There's
been all sorts of garbage thrown onto the property of Pictorial Sciences. There's
been large rocks thrown over the building that hit our cars. I know this is not
a structural problem, b~t it is the type of people that are having to live in the
slum condition,. And also, we've found drug paraphernalia on the roof and syringes,
stuff like that, that have been used and thrown up on the roof of our building.
And this shows what is happening in those areas. Thank you.
Commissioner Miller: Thank you. Is there anyone else in the audience? Please state...
Charlotte Remington: My name is Charlotte Remington. I live in Riverside but I am
also employed at 1097 West Baseline. I've worked there for nine-and-one-half
years. I am not a structural expert; I only can tell by what I see, and the
general appearance of the buildings next door, I believe, degrade the entire
neighborhood. My estimate, from looking at them, is that they are unsafe to live
in, but, as I say, I am not an expert on that.
I do know that there have been comments by people coming to work, applying for
jobs -- I am a department manager and I interview employees -- and they are hesitant
about the neighborhood-- a good part of what is reflected by what's existing next
door. Clients have made comments about the neighborhood and the appearance of the
apartments next door, And I believe that it's detrimental to finding good employees
and to attracting new clients.
As stated by Mr, Withem and Mr. Stewart, there are lots of things happening in our
property because of the people'next door and I believe that they develop their
ideas of what is wrong and what is right by the surroundings that they have to put
up with. If they live in a low-grade, torn-down, unkept place, then they feel no
responsibility to keep their place or any adjoining places, and I feel that this
is all the responsibility of the property owner. That's all I have to say. thank
you.
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Commissioner Miller: Thank you, Anyone else in the audience? Will you please approach
the podium.
Ted Redinger: My name is Ted Redinger and I represent...
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One of the Commissioners: Please speak close to the mike. .
,
Ted Redinger: My name is Ted Redinger and I represent Able Service and Electric
in San Bernardino. We have a C-10, a C-20, C-36 contractor's license, Mr.
Taylor contacted our firm in December with the possibility of rewiring the
entire structure, all thirteen units, And we gave him an estimate on cost and
an evaluation. And I talked with Mr. Hunter from the Building and Safety,
Electrical Inspecting Department, and I went over the premises with him and he
stated that they would have to be totally rewired and all new services, which I
had already agreed, you know, in the contract agreement. And as far as rewiring
them, he saw no problem in bringing them up to code as long as the Council
approved the permits. And Mr. Taylor has further decided to go ahead and install
all new wall heaters in all the thirteen units to replace the existing floor
furnaces, And basically, according to Mr, Hunter when he was out there, the
work can be done but it was all contingent upon this meeting before they could
issue any permits. So that's why we're here today. To see if we can make a
decision to get maybe sixty, ninety days additional,
Commissioner Ortega: Sir, what's the rate of your interest rate that you're charging
Mr, Taylor?
Ted Redinger: I'm not charging any interest, Just a fee,
Commissioner Ortega: What's the amount of the fee?
Ted Redinger: The contract is for the heating and the electrical is in the neighbor-
hood of about $22,000.
Commissioner Ortega: Thank you.
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Commissioner Miller: Thank you.
Ted Redinger: Thank you.
Commissioner Miller:
anything further
you've heard the
Is there anyone else in the audience? Mr. Taylor,
to state? (no audible reply) (To Commissioners)
pros and cons, What's your decision?
do you have
Gentlemen,
~ge 22
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Commissioner Sheehe: I move that these premises be vacated and that the structures
,
be taken down by demolition.
Commissioner Miller: Do I hear a second?
Commissioner Ortega: I'll second that.
Commissioner Miller: Roll call, please.
James Clark: Mr. Chairman, point of clarification, Please specify time frames for
order to vacate and time for order to demolition.
Commissioner Sheehe: An order for vacating and an order for demolition.
Commissioner Ortega: And the utilities disconnected,
Commissioner Sheehe: And that all the utilities will be disconnected".
James Clark: No, I'm asking."
Commissioner Sheehe: ,..for sixty days,
James Clark: Well, specify for each clause how long before vacating, how long before...
Commissioner Sheehe: The vacating should take place immediately. What does that,
under the law, give? Thirty days?
Jack Rosebraugh: Well. Mr. Chairman, under our regulations, if you order demolition
then the owner has ten days to take out a permit to demolition. If he doesn't
take out the permit. then we can take out the permit to demolition, So, if he
doesn't do anything within ten days, then we could start that. Then we could go
into our. ..we'll have to notify the owners to get out of there, SO..,yeah, so
we'd have to notify the tenants to get out. So, if you just..,I think that in
the recommend for demolition that it'll work...it may be delayed to get the tenants
out on our side, because we probably have to give them a thirty day notice, But
it should work,..at the end of sixty days, it should be down,
.~l
Commissioner Sellas: Before we vote on it, how many units they got people living in?
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Commissioner Miller: All of them.
Jack Rosebraugh: I thi nk they're a 11 occupied,
Commissioner Rivera: How many -- thirteen?
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Commissioner Miller: Yeah, All of them. Roll call, please.
Jack Rosebraugh: Mr, Miller?
Commissioner Miller: Yes.
Jack Rosebraugh: Mr, Rivera?
Commissioner Rivera: Yes.
Jack Rosebraugh: Mr, Sellas?
Commissioner Sellas: Yes,
Jack Rosebraugh: Mr, Heil?
Commissioner Heil: Yes.
Jack Rosebraugh: Mr. Ortega?
Commissioner Ortega: Yes.
Jack Rosebraugh: Mr. Hunt?
Commissioner Hunt: Yes.
Jack Rosebraugh: Mr, Sheehe?
Commissioner Sheehe: Yes.
Jack Rosebraugh: Mr, Marshall?
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Commissioner Marshall: Yes.
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Jack Rosebraugh: Unanimous, sir.
Commissioner Miller: Thank you. This decision is final, subject to the right of
appeals to the Mayor and Common Council pursuant to Section 2.64 of the San
Bernardino Municipal Code. Appeals must be filed within ten days of this Board's
decision.
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..
REPORT/PROJECT NO. 1363
ADDRESS: 1111 West Baseline, San Bernardino, CA
..
TYPE OF STRUCTURE: Apartment Complex
ASSESSORS NO.: 139 081 02
On October 10, 1984, an inspection was made of the above
structure and premises, and substandard conditions which shall
include, but not be limited to the following, were observed:
1. The external portion of the premises was generally littered
with trash and debris including an old, inoperable automobile.
2. The main electrical panel box for the premises was observed
attached to designated structure number 1. The condition of the
panel box was such that there was loose wiring and the old wiring
was intermixed with what apparently was the functional wiring,
and the entire panel was open to the elements.
3. On a building designated as number 3, the electrical junction
box was open to the elements. Old and new wiring are mixed in
the box with little protection for the operable wiring from
contact with the old inoperable wiring.
4. In apartment designated as number 5, there appeared external
evidence of leaking from a water line in the form of a wet spot
on the external stucco near the base of the structure.
5. On apartment designated as number 6, there was an open sewer
line which was observed to be draining onto the ground adjacent
to the apartment.
6. Apartment number 4 was observed to contain a broken bathroom
window. It was broken to the point where there was only a
portion of the frame remaining for the window.
7. At apartment number 4, the subfloor is deteriorated and
suffers
dry rot and termite damage.
8. On unit designated as number 13, the exterior stucco was
removed from the base of the structure to the extent that the
underlying support was visible. By direct observation the
support has suffered extreme dry rot and termite damage. There
rVIJ'C'~T ,..
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Exhibit "A"
Report/Project No. 1363
Page 2
"
"
is also extreme deterioration of the roof structure. On the west
side of apartment number 13, there is evidence of damage to the
building from being struck by a vehicle causing a break in the
external stucco near the base of the structure. Also, there was
an attached water heater compartment which had suffered complete
deterioration of the wooden external portion of the structure,
and does not supply proper weather protection for the underlying
water heater.
9. Apartment number 9 was observed to have holes in the exterior
stucco at the base of the structure and an external heater vent
pipe was deteriorated to the point where there was approximately
a six inch by three inch hole in a pipe with a diameter of
approximately four inches.
10. The premises are required pursuant to the zoning to have
carports prese~t, and there are presently no carports on the
premises and no other protection for automobiles of the
res idents.
11. A swamp cooler, elevated and attached to apartment number 1, is
leaking, creating a constant pool of stagnant water near the rear
of the structure.
12. There is a concrete slab for parking at the rear of the
premises and it is observed that the ground beneath the concrete
slab is eroding and removing the support for this parking area.
13. The owner of the premises has previously been observed to be
making substantial repairs to the exterior of the structure, and
a check of the records indicates that appropriate permits were
never issued for the work that was observed.
Upon the basis of the observations as set forth above, I find
that these premises constitute a dangerous building as defined by
San Bernardino Municipal Code Section 15.28.010 (A) Subsections
(1), (4), (6), (7), (1), and (4) thereof.
.
The owners were sent a certified mailing of these conditions.
I do ask for the abatement of the structure by an order for
demolition and an order to vacate the premises immediately.
All such substandard buildings are hereby declared to be public
nuisances and such nuisances shall be abated by the repair,
L
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Exhibit "A"
Report/Project No. 1363
Page 3
,
removal or
procedure.
demoli tion
demolition of such unsafe buildings by the proper
Permits are required prior to start of repair or
work.
--
These buildings and premises are found to be in violation of the
following provisions of the San Bernardino Municipal Code, and of
the Uniform Housing and Building Codes as adopted at Section
15.04.020 of the San Bernardino Municipal Code: Uniform Building
Code (1979 Edition) Section 104d, Chapter 2 Sections 203 and 205,
Chapter 3 Sections 30la, 303a and 305a, Chapter 12 Section l2l0a;
Uniform Housing Code (1979 Edition) ~hapter 2 Sections 202 and
204, Chapter 6 Section 60ld, Chapter 10 Section 1001a, b, c, f,
g, h, 1, j, k, and 1.
Total costs incurred to date: $595.34
By: