HomeMy WebLinkAbout35-Public Services
CITY OF SAN BEFta~ARDINO~ REQUEST ..OR COUNCIL ACTION
From: Manuel P. Moreno, Jr.,
Director of Public Services
Oept: Public Services
Su~ect: Weed Abatement Assessment on Parcel Nos.:
0145 233 05, 0145 233 06, 0145 233 07
Date: February 21, 1990
Synopsis of Previous Council action:
February 2, 1990 -- Protest hearing before the Board of Building Commissioners.
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Recommended motion:
That the appeal of George Sperling relative to the assessment made by the
Board of Building Commissioners with regard to the abatement of weeds
from property located on "F" Street between Baseline and 13th Streets be
denied and the decision by the Board of Buiilding Commissioners be upheld.
Contact person: Manuel P. Moreno, .1r
Phone:
384-5045
Supporting data attached:
Staff Report
Ward:
2nd
FUNDING REQUIREMENTS:
Amount:
none
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No,_35
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CITY OF SAN BERdARDINO - REQUEST ~OR COUNCIL ACTION
STAFF REPORT
On September 20, 1989, a "Notice to Clean Premises" was mailed to Mr.
George Sperling, PO Box 832, Pebble Beach, CA 93953, regarding property parcel
nos.: 0145 233 05 through 07, located on "F" Street between Baseline and 13th
Streets. A copy of the notices are attached as Exhibits itA, Band CIt.
The above parcels required hand work and this was done by H & H Enterprises
on October 3, 1989 (the hand work consisted of removal of tumbleweeds at a cost
of $60.00 per parcel. The administration fee of $75.00 per parcel was added to
his charge for a total amount due of $405.00).
On October 18, 1989, along with his bill, Mr. Sperling was sent a notice of
hearing before the Board of Building Commissioners on December 1, 1989,
regarding the assessment costs for the abatement of his parcels. Mr. Sperling
paid the assessment of $405.00 and wrote protesting the assessment amount.
Mr. Sperling's protest was rescheduled for February 2, 1990 since Mr. Sperling
submitted his protest past the deadline for the December hearing and no meeting
was held in January due to the Holiday. Mr. Sperling was notified of the
rescheduling of the hearing by the Abatement Coordinator.
The hearing on the assessments on Mr. Sperling's property was held on
February 2, 1990. Evidence was presented to the Board of Building Commissioners
regarding Mr. Sperling's abatement and assessment costs. Based on the evidence
presented, the Board unanimously adopted the sum of $405.00 to be assessed
against Mr. Sperling.
75-0264
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Box 832
Pebble Beach, Ca. 93953
February 8, 1990
RECE!V~"I"'T y r'.ERr:
Mayor and Conunon Couns:~l :~:-':~:;;':';':;:)
City of San Berna~dino
300 North D Street~U ~E8 12 Pl :14 t"r:Q 9 1990
San Bernardino, Ca. 92418
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In re:
Appeal of Weed Abatement charges
145-233 -- 05,06,07
George E. Sperling, Jr. and Elizabeth
S. Sperling
Gentlemen:
I protested the weed abatement charges for the above parcels as par-
cels - billed on invoice No. W 17861 and was denied by the Board
of Building Commission at their February, 1990 meeting. A copy of
this denial is attached.
We are appealing the action of the Board of Building Commission be-
cause they did not follow the statements made by me as to the facts
in the case, and why the said abatement charges were improper. As I
explained in my previous letter, the Notice to ABate Weeds on the lots
was dated November 10, 1989. On the very day this Notice was dated
and sent to us at Pebble Beach, California, we were in San Bernardino
and cleaned up the lots and paid monies to take care of them. The
offices in City Hall were closed that day because of celebrating
Armistice Day, and we were unable to reach your Weed Abatement sec-
tion then.
We also received Notice of the City of San Bernardino's taking pic-
tures of the lots on or about January 29, 1990. We personally went
to San Bernardino the afternoon your representatives took pictures
of the property and made arrangements for cleaning up the entire pro-
perty and paid monies to do this. We have been paying more money to
take care of this weed abatement problem, and every time that we do
some work so far, the neighbors follow up by dumping material on the
Acacia lot. Being an absentee owner, it is impossible for us to view
the premises each day, and sometimes a short period elapses between
the time we are informed that work has to be done and the times we
do weed abatement work.
With respect to the above invoice, we talked to the Weed Abatement
section, and they acted quickly to have an outside concern move in
and do the work. As a practical matter, the people did not do the
work on the property but took care of grading the lots to the east
of our three lots on F Street. We wrote that this was poor practice
on the part of your Weed Abatement section to try to charge us for
their work when t.. parties were employed to take care of the above
lots.
The amount of the invoice is not very large, but as a matter of prin-
ciple we believe we were unJustly charged for it. We are appealing
for that reason, and we hope you will honor our appeal and relieve
us from paying the amount of the invoice.
Sil~~erely yo~rs,
EXHIBIT itA"
CITY OF SAN BERN.
JINO
\
DEPARTMENT 01 ;lIC SERVICES
ABATEMENT SECTION
300 North "0" Street
San Bernardino. CA 92418
(7141384-5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
George Soerlinr-
P.O. Box 832
Pebble Beach, CA 93953
RE PARCEL 145-233-05
PROPERTY DESCRIPTION
By vlftue of the weed abatement rules and regulations of the City of San BernardIno. San Bernardino MUnicIpal Code Chapter B.27. you are hereby'
notIfied to remove from your property. which is described above. any and all of the Items descrbed below which constitute or may constitute a
publiC nUisance so that the removal thereof IS necessary to protect the health and salety of the Inhabitants of said City:
~
, '
L.J Weeds and Grass
EJ Tumbleweeds
rx" All DebriS and
~ Combustlbie Matenals
o Other ISee Be'ow.
Not'ce 's hereby given pursuant to Section 8.27.040 of the San Bernardino Mun'Clpal Code that the Public ServIces Director of the City of San Berna'cI"c
has oetermlned ~hat a nUIsance ex:sts on or abuttmg the property descrlbee 1n thiS !\,otlce or o!"" ~"'e pari<.way thereof. Tne nUisance conSIS~S of o:"",e
or more 0' the followtng: weeds. sagebrush. chaparral. brush. dry vegetatIon or vegetation w":h ana Ins such extenSIve growth as to beco'Tle a
fire menace when dry. pOison oak or IVY or other plants whlcn are noXIOus or dangerous. dry g'ass. stubble. brush. deadwood. dead or disease:
trees. dead or {jry palm fronds. fences in dIsrepair or broken, litter. flammable materIal which creates a fire hazard. con tamers. abandoned 850"a::
or conc~ete. rubbie or waste materials. You must abate or remove thiS nwsance Wltnm ten \iO, days of the date of thiS notice; otherWIse i! "'":.
be removed and abated by the City of San Bernardino. In which case the cost for such remova: will be assessed upon the property from wh,:-
or abutllng the property from WhiCh, said nuisance IS removed. and such costs will constltut. a tax lien on such lots or land until paid.
Any person obJecttng to thiS determination of a nuisance or to the proposed removal and aba~ement of said nUisance. may file a wrlUen oro:es~
With the CIty Clerk not later than ten ('01 days from the date of thiS Notice. The City Clerk s".a'l transmit such protests promptly to the Boarc 0'
Building CommisSioners of San BernardIno.
Notice IS further given that said protest shall be heard before the Board of BuildIng Comm,ss:oners tn the CounCil Chambers at City Hall. 300 No.:~
"0" Street. San Bernardino. California. on the first Friday of the next month after the date of t~.'s notice at 9:00 tn the morning. If a timely protest
. as been flied. you or your agent may appear at said hearing and be heard and may present ane hear eVidence concerning the proposed abatemect.
"
The Public Services Olfector has also determined that the property deSCribed In this Notice SUC;lorts the growth of weeds. dead or dry palm froncs
and dry grass which are seasonal and recurrent nUisances that must also be removed and abated hereafter from time to time. Notice of regro....:n
of thiS nUisance dUring thIS calendar year will be given without further hearing. Failure to abate s~ch recurring conditions will result in the City abatIng
suCh nu:sance. In which case the cost of such removal shall constitute a tax lien uoon the Drc=~rtv described m thiS Notice until paio. The eH.cie"':
and economIcal control of such seasonal and recurrent nUisances may require preventative che-,.cal control of such weeds. weed seeds. ar'ld V\.ee:
seedlings. and the City may reoulre preventative chemical control of such nuisances.
,..
'-- If cnec"ed here. then the followtng Notice of Regrowth applies instead:
A "Notice to Clean Premises." as stated above. was previously mailed to you, declaring a nuisance on the above prooerty. That Notice. whIch rec",,:'e::::
removal or aoa~ement of such nUisance. also declared that substantial regrowth must be a;::,a:!'J. The above property was recently insoectec a"':
the remova~ of an". or all of the follOWIng Items IS reaulTed at thiS time:
Weecs and Grass
n
U Tumbleweeds
~
~
Other
You are hereby urged to perform the abatement work indicated wlthtn ten (' 0' days from the date of this Notice. If the property IS not c!ea"ed
and the nUlsa~ce aoated Within thIS time. the City will have the work done to a:a:e tlie nu'sance and will assess the costs thereof as a :ax .e"
aga'nst the property. No heaflngs are conducted on Notices of Regrowth.
ABA TE.,'E!I; T COOROI~A TOR
DEPARTME\ T OF PUBLIC SERVICES
1714138.. 50..5
ASA TE~':'.;T "'US- BE COMPLETED
\"ITi1I~; TE~, DAYS OF THE DATE BELOW:
DATE
9-20--89
EXHIBIT "B"
CITY OF SAN BERN.
JINO
DEPARTMENT D. dLlC SERVICES
ABATEMENT SECTION '
300 North "D" Street
San Bernardino, CA 92418
1714l384.5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
George Sperling
P.O. Box 832
Pebble Beach, CA 93953
RE. PARCEL
PROPERTY Oa~~~~06
By virtue of the weed abatement rules and regulations of the City of San BernardinO. San Bernardino MuniCipal Code Chapter 8.27. you are hereby
notified to remove from your property. which IS described above. any and all of the items described below whoch constitute or may constitute a
public nUisance so that the removal thereof IS necessary to protect the health and safety of the inhabitants of said CIty:
u
Weeds and Grass
[] Tumbleweeds
r::I All DebriS and
~ Combustible Materials
o
Other ISee Belowl
Notice IS hereby given pursuant to Section 8.27.040 of the San Bernardino MunIcIpal Code that the Public Services Olfector of the City of San Bernardino
has determl~ed that a nUisance exists on or abuttmg the property deSCribed In thIS Notice or on the parkway thereof. The nuisance conSists of one
or more of the follOWing: weeds. sagebrush. chaparral, brush. dry vegetation or vegetation which attains such extenSive growth as to become a
fife menace when dry, POISon oak or IVY or other plants which are noxIOus or dangerous, dry grass, stubble. brush. deadwood. dead or dlsease~
trees. dead or, dry palm fronds. fences In dlsrepalf or broken. litter. flammable material which creates a fire hazard. containers. abandoned aspha:t
or concrete, rubble or waste materials. You must abate or remove thiS nUisance within ten 1101 days of the date of thiS notice; otherWIse It will
be removed and abated by the City of San Bernardino. In which case the cost for such removal will be assessed upon the property from which.
or abut:lng the property from which. said nUisance IS removed. and SUCh costs will constItute a tax lien on such lots or land until paid.
Any person oblectlng to thiS determination of a nuisance or to the proposed removal and abatement of said nUisance. may file a written protest
with t~e City Clerk not later than ten 110J days from the date of thiS Notice. The City Clerk shall transmit such protests promptly to the Board of
Buildl"g CommiSSioners of San BernardinO.
Notice IS further given that saId protest shall be heard before the Board of BUilding CommiSSioners In the Council Chambers at City Hall. 300 Norlt..
"0" Street. San Bernardino. CalifornIa. on the flfst Friday of the next montn afte, the date of thiS nOtice at 9:00 in the mOrntng. If a timely p,otest
has bee" fded, you or your agent may appear at said hearing and be heard and may present and hear eVidence concerntng the proposed abateme"t.
The Public Services Olfector has also determIned that the property deSCribed In thiS Notice supports the growth of weeds. dead or dry palm fronds
and dry grass which are seasonal and recurrent nUisances that must also be removed and abated hereafter from time to time, Notice of regrowl"
of thiS nUisance dUring thiS calendar year Will be given Without further hear,ng. Failure to abate such recurnng .conditions Will result in the City abating
such nUIsance. In which case the cost of such removal shall constitute a tax lien upon the property descnbed In thIS Notice until paId. The efflCle~t
and economical control of suCh seasonal and recurrent nUIsances may reaUlre preventative chemical control of such weeds. weed seeos. ana wee':
seedlings. and the CIty may reQuire preventative chemIcal control of such nUisances.
r--
L If checked here. then the following Notice of Regrowth applies tns:ead:
A "!\Jotice to Clean Premises." as stated above. was previously mailed to you, declaring a nuisance on the above property. That Notice, which reQUired
removal or abatement of such nUIsance. also declared that substantial regrowth must be abated The above property was recently Inspected. an~
the removal of any or all of the follOWing items IS reaUlred at thiS tIme:
Weeds and Grass
r' Tumbleweeds
D
Other
r--
You are hereby urged to perform the abatement work Indicated Within ten 11 OJ days from the date of this Notice. If the property IS not cleanec
at"!c t:1e nUisance abated Within thiS time. the City wd~ have the wori<. cone to abate the nUisance and will assess the costs thereo~ as a tax iie'"
a9a'~st t"e property. No heartngs are conducted on Notices of Regrowth.
ABA TE~~ENT COORD:NA TOR
OEPART~,1E:-.JT OF PUBLIC SERVICES
1714, 3e~S04S
ABA TEMENT MUST BE COMPLETED
WiTHIr-.i TEN DAYS OF THE DATE BELOW
OA TE 9-20-89
EXHIBIT ItClt
CITY OF SAN SERI\
.)INO
DEPARTMENT l allc SERVICES
ABATEMENT SECTION
300 North "D" Street
San Bernardino. CA 924 i 8
(71413845045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
RE: PARCEL 145-233-07
PROPERTY DESCRIPTION:
George Sperling
P.O. Box 832
Pebble Beach CA 93953
Bv VIItue of the weed abatement rules and regulations of the City of San Bernardino. San Bernardino Municipal Code Chapter B.27. you are hereb\
not, f,ed to remove from your property, which IS descnbed above. any anc all of the Items desCribed be'ow which constitute or may const,tute a
ouoi,c nUisance so that the removal thereof IS necessary to protect the health and safety of the Inhacltants of said City:
Weeds and Grass
~ Tumbleweeds
~ All DebriS and
~ Combustible Materials
o Other ISee Below
r-..otlce IS hereby given pursuant to Section 8.27.040 of the San Bernard,no MUniCipal Code that the Pub;,c Services Director of the City of San Bernardi'1c.
!"',as oetermlned that a nUIsance exists on or abutting the property descr:bed In thiS Notice or on the po~l(way thereof. The nuisance conSists of or;.::
cr fTlore of the follOWing: weeds. sagebrush. chaparral, brush. dry vege!a:lon or vegetation which a:talns such exte"s:ve growth as to become a
'lre menace when dry. pOison oak or IVY or other plants which are noXIOUS or dangerous. dry grass. stubble. brush. deadwood. dead or disease:
trees. dead or dry palm fronds. fences In disrepair or broken, I,Her. flamr'Tlable material which creates a fire hazard. contaIners. abandoned asohz:
or concrete. rubble or waste materials. You must abate or remove thiS nUisance Within ten 1101 aays of the dale of thiS notice: otherWise It Vi
be removed and abated by the City of San Bernardino. In which case the cost for such removal will be assessed uoon the p'operty from whlc.
or abutting the property from which. said nUIsance is removed. and such costs w,il constitute a tax lien on such lots or land untd paid.
Any person objecting to thiS determination of a nUlsa'1ce or to the proposed removal and abateme~t of said nUisance. may file a written prOles~
WIth the City Clerk not later than ten 1101 days from the date of thiS :\ollce. The City Clerk shall transmit such prOtests promptly to the Board c'
B~lidlng Commissioners of San Bernardino.
Notice is further given that said protest shall be heard before the Board Of Bu1ldlng Commissioners In the CounCil Chambers at City Hall. 300 Nor~-
"0" Street. San Bernardino. Californ,a. on the fITst Friday of the next month after the date of thiS notIce at 9:00 m the morning. If a timely protes:
has been filed. you or your agent may appear at said hearing and be heara and may present and hear eVIdence concernmg the proposed abate men:
The Public Services Director has also determmed that the property described ,n th,s Notice supports the growth of weeds. dead or dry palm froncs
a"d dr',' grass which are seasonal and recurrent nUisances that must also be removed and abated hereafter from time to time. Notice of regrowt-
of th,S nuisance dUring this calendar year Will be given Without further hearing. Failure to abate such rec:Jrrong conditions will result In the City abat;~;
s:J:h nUisance. in which case the cost of such removal shall constitute a tax lien upon the property deSCribed In thiS r-..otlce unt1l paId The efflcle-~
a~d economical control of such seasonal and recurrent nUisances may reouire preventative chemlcai control of such ......eeds. weed seecs. and w€-=:
seedlings. and the CI1\.' may require preventatIve chemIcal control of such nuisances
~
I
If checked here. then the followmg Notice of Regrowth applies Instead:
A "Notice to Clean Premises." as stated above. was preViously mailed to you. declaring a nUisance on lhe above property That Notice. which require:
removai or abatement of such nUIsance. also declared that substantia! regrowth must be abated. The above property was recent~y insoected. 2-:
the removal of any or all of the follOWing items IS reaUlred at thiS time.
~ Weeds and Grass
n
U Tumbleweeds
n
L-.; Other
You are hereby urged to perform the abatement work indicated wlth,n ten 1101 days from the date of thiS Notice. If the property IS not clea'1e:
and the nUisance abated WIthin this time. the City WIll have the \hOrk. done to abate the ~ulsance and will assess t~e costs thereo' as a tax -
a;alnst the property. No hearings are conducted on Notices of Reg'owth.
ABATEMENT COORDINATOR
DE;>ARTMECJT OF PUBLIC SERVICES
1714; 384.5045
ABA TEMENT 1v1UST BE CO\o1PLETEO
WITHIN TE:-' DAYS OF TI": OA TE BELOW
DATE.
9-20-89
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CITY OF
'~~:~~~:~_,.r, .
San -Bernardino
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SHAUNA
CITY CLERK
C L ARK
March 6, 1990
Mr. George Sperling
P. O. Box 832
Pebble Beach, CA 93953
Dear Mr. Sperling:
At the meeting of the Mayor and Common Council of the City
of San Bernardino held on March 5, 1990, your appeal
relative to the weed abatement assessment made by the Board
of Building Commissioners on property located on "F" Street
between Baseline and 13th Street was considered.
Your appeal has been continued to March 19, 1990, to
provide an opportunity for you to be present. The Council
meeting will be held in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California. The
meeting is scheduled to begin at 9: 30 a.m. No definite
time has been set for consideration of your appeal.
If you have any questions, please contact this office.
Sincerely,
~
City Clerk
SC : dr
cc: Director of Public Services
- ',~-
POST OFFICE BOX '31'. SAN BERNAROINO
CALIFORNIA 92.02
PRIDE .:
~;fRESS
300 NORTH O' STREET SAN BERNAROINO
C A L I FOR N I A 9 2 4 1 8 . 0.0 0 1 7 1 . I 3 . . ' 5 0 0 2
71.,3..,5,02