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HomeMy WebLinkAbout39-Planning Larry E. Reed, Director Darwin Pearson's appeal of BBC action of March 2, 1990 Re: 3251 Del Rosa. Appeal Re: abatement and cost. CITY OF SAN BERNaRDINO EQUEST FUR COUNCIL ACTION 1m: Planning and Building services Dept: March 20, 1990 Date: Synopsis of Previous Council action: None :,"", ~.''''''- '" "~ :::) - 1'"":' ..::' ,..,,1 (,'" CJ ~ -'-'1 MTl Recommended motion: That the Board of Building commissioners finding of March 2, 1990, that the city had incurred costs of $15,400 for abatement actions at 3251 Del Rosa, and the BBC Order toassess the costs of the abatement as a lien against the property~nc a personal obligation of the owner be upheld. CC: Marshall Julian, city Administrator Jim Richardson, Deputy city Administrator Patricia Zimmermann, Deputy City Attorney ~ .:-~ ~ignature 384-5281 Don H. Hesterley Contact person: Staff Report Supporting data attached: Phone: . Ward 4 Ward: FUNDING REQUIREMENTS: Amount: $15.400. , Source: (Acct. No.) 001 181 53156 (Acct. Description) .Building Demolition Costs Finance: )uncil Notes: COUNCIL:CA.REQUEST-O Agenda Item No. 3&:f CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ~ACKGROUND: STAFF REPORT The following is a chronological listing of events leading up to and including the costs incurred by the city. 1. 3/24/87 The building was posted as a dangerous building. The owner(s) were notified and sent a correction notice . and an inspection report. 2. 3/26/87 A notice of Pendency was placed on the property and recorded on March 3l, 1987. 3. 4/26/87 The building was secured and a chain link fence was repaired and the gate was locked. 4. 5/31/88 Complaints were received from teenagers in the structure. the owner(s). neighbors regarding children and The structure was again secured by 5. 10/13/88 The structure was again found to be open and vacant. At this time there was a new owner, Darwin Pearson. Mr. Pearson was contacted by phone in regard to the structure. The structure was now severely vandalized. 6. 1/9/89 Mr. Pearson was again contacted by phone. He wanted the City to burn the house for training of Fire Department personnel. The City refused. Mr. Pearson stated he tried to contact other agencies to burn the structure with no success. 7. 1/10/89 An inspection revealed that someone set fire to the structure; it was severely fire damaged. The fence was cut in many places and the property was not secure. The Code Compliance Supervisor contacted Mr. Pearson, giving him until 1/l3/89, stating that the City will begin action to demolish if the owner does not. 8. 1/12/89 Mr. Pearson was called regarding demolition. When Mr. Pearson's answering machine answered, a message was left on the machine. 9. 2/7/89 Mr. Gary Quam, a demolition contractor, who was hired by Mr. Pearson was contacted. He stated he would pull a permit on the following day, 2/8/89. 10. 2/21/89 Mr. Quam was again contacted. He stated he tried to pull a permit for the demolition, however, he had no workmen's compensation insurance or City License or State Contractors' License. He then sent the paperwork to Mr. Pearson and he received no response. 11. 2/2l/89 Mr. Pearson left on his and he was demolition. was again contacted machine indicating informed of the with no response. A message was the health and safety problems City's intention to abate by !. 2/23/89 A demolition Permit was finally pulled on this date after several phone conversations. The structure was knocked down after a few weeks and all the debris was left on the property. Mr. Pearson was notified that he had sixty (60) days on the 75.0264 Permit and that the debris and cement slabs must be removed within the sixty (60) day time limit. 13. 5/17/89 An inspection was made in regard to the debris, which still remained on the property. A ten (10) day notice was sent to Mr. Pearson by certified mail, demanding removal of all the materials and debris and grading of the property. 14. 5/22/89 A letter was received from Mr. Pearson stating would be removed wihtin sixty (60) days. that the debris 15. 8/28/89 A reinspect ion showed nothing had been done to debris. More than six (6) months had now Demolition Permit was pulled. remove any of the passed since the 16. 8/29/89 The Code Enforcement Division ordered an abatement of the property since Mr. Pearson had not responded to the ten (10) day notice. 17. 9/15/89 Demolition and completed by the months after the removal of cement slab(s) City-hired contractor. This Permit had been pulled. and debris was was six and a half DISCUSSION: Mr. Pearson, in his protest keeps referring to a sixty (60) day action by -,de Enforcement, which, in fact, took place almost a year after Mr. Pearson ~s first contacted. Mr. Pearson is out for bid on He turned in administrative protesting the high this property. Mr. a bid of $11,000. costs, bringing the cost of the demolition. Requests were put Kelly was the only contractor to respond. The Code Enforcement Division added 40% total to $15,400. (see supplemental staff report) since the contractor, Mr. Kelly refused to appear at the BBC hearing, staff is requesting the City Attorney to subpoena the contractor and his records. STAFF RECOMMENDATION: That the Council uphold the decision of the Board of on March 2, 1990, to incur the cost of the abatement lien against the property and a personal obligation of Building Commissioners at 3251 Del Rosa as a the owner. Attachments: A - Appeal Supervisor B - BBC Order BBC Minutes ''i-;t. r-- ~ /,I BBC Agenda backup v ~ ~~~ C - Code Enforcement Staff Approv by: Larry E. Reed, Director D - Original Letter & Statement ~~partment of Planning and Building Services ~f11~ Prepared. by: .. Don Hes erley Code Compliance information of Costs DHH:nhm 15.28.150 SUPPLEMENTAL STAFF REPORT The Board of Building Commissioners, when hearing Darwin Pearson's case, had the correct statement of Costs as part of their packet, and the BBC Order was drafted using the original, correct statement of Costs sheet, and shows the correct total - $15,400. Darwin Pearson had been mailed a copy of this with a notification letter in November, 1989 (see attachment "D"). Darwin Pearson's letter of March 16, 1990 refers to a different amount since he was mailed a reminder in February, 1990, on which the total cost listed was incorrect. :nhm ~ c .-.1-._,// V"'..., '...., Darwin K, Pearson 1249 1/2 ~. Balboa Blvd. ~ewport Beach. C.\ 92661 ')~.'':'' ,-"'\ (71-1) 673-5712 c C!#-~':\ " '" '.., "" r-'""'\" -.~ , '14 " _:t~f) , elL :1arch 1-1. 1990 '" ',.; >-. It . i City of San Bernardino 300 North '0' Street San Bernardino. CA 92418 Attn: City Clerk Re: Notice for appeal to the City Council regarding action taken by the Board of Building Commissioners concerning 3251 ~. Del Rosa Ave. :1embers of the City Council: Specific action appealed from: City of San Bernardino (City) did not have legal justification to proceed with an "emergency abatement" as indicated in their letter to me dated November 8. 1989. It should be noted that this was the FIRST notification given me concerning a City abatement instruction approved on August 28,1989. (72 days later) City did not follow legal notification requirements as mandated by the City's Municipal. Codes, Specific code sections are detailed in this letter. City did not follow legal posting requirements as mandated by the City's Municipal Codes. Specific code sections will follow. City paid Contractors bills without any form of backup. Bills handed me in front of the Board of Building Commissioners (Board) on ~arch 2. 1990 appear fabricated. Specific allegations will follow. I am seeking relief from the $15,692.25 in costs the City has stated they have incurred. ~y letter to the Board of Building Commissioners dated November 16. 1989 is to be included and made a part of this appeal. (copy enclosed) The City sent me Order No. 1351 dated :1arch 7, 1990 ~hich states that the referenced property had been posted according to Code Section 15.28. This is ~ot true. ~o posting has been done at the site to date. In addition this Order contained an inspection 2 report dated _;ugust ~8, :989 and prepared on February 13, 1990 (five and one half months later), This should have been sent to me immediatelv according to ~unicipal Code Section 15,28.040 and the code also states the City SHALL post a "~OTICE TO ABATE NUISANCE" on the property, ,;ddi t ional posting requirements as mandated in Section 15.28.140A were not followed yet ~r. Hesterly sites this section in his letter of November 8, 1989. The City's neglect of posting requirements is pertinent as described in my referenced letter to the Board on November 16, 1989. The City indicates that this was an emergency procedure in their letter of November 8, 1989. In this letter, ~r..Don Hesterly also says that a "Notice of Pendency" has been filed. What he doesn't state is that this notice was filed on ~arch 22, 1989 (over SEVEN months prior to my being advised of it, and over FIVE months before the order was given for removal of UNSIGHTLY material) (copy enclosed). This "notice" was not given to me, nor two other owners of r:ecord, nor three (3) other holders of Trust Deeds which were recorded on the property, Section 15.28.050 specifically mandates these people be notifled. This "notice" was recorded in the names of and sent to property owners who had not owned the property for 12 months! The record shows that this was not an "emergency abatement" as ~r. Hesterly states for the following reasons: (1) Improper notification and legal action was started 5 months prior to ~s. Daniels issuing an order to a demolition contractor, with the approval of ~r. Don Hesterly and Mr. Mark Young. (2) ~s, Daniels stated in the public hearing on March 2, 1990 that she \oiai ted one week after she thought my demolition permit had expired to begin the \oiork order. If this were an emergency situation, why did she wait for this time frame to expire? Note: ~y permit would not have expired until mid September. The permit states that it would expire if work is suspended or abandoned for 180 days. The Building was knocked down in mid ~arch, not in February \oihen the permit was first pulled. (3) 5 months is enough time for proper notification as mandated by the Municipal Codes. These same codes and sections are the method which the City is demanding monies from me. (4) The City initiated the "unsightly material" removal after two inquiries by members of the Ci ty Council, again wi thout proper authority and immediate notification as required under Section 15.28.140C as referenced by ~r. Hesterly. (5) Over 2 \oieeks elapsed from the approval of the notice to proceed for Kelly L, Demolition, dated .;ugust 28, 1989 and signed by C1s, Daniels and ~r, Reed, before actual removal took place. During this time, no DANGER, DO NOT ENTER signs '"ere ;Josted for this "emergency abatement". This posting is mandated under Section l5,28.l40A, again with immediate notification required (not 72 days 3 later) as Section 15,28.1JOC states ::':1 the first sentence. In addition, Section 15.28.150 states that if the building official determines the property to be an immediate danger or hazard he may abate the nuisance in several manners. the first being FE~CING. The subject property has a six foot fence already surrounding the unsightly material, The City ~ould only have had to put a lock on the front gate and close a section approximately 8 feet wide in the back, along with posting the site. If this were an emergency situation and "necessary to protect the health and safety of the community" this would have been done. ~ote: The inspection of the property was said to have taken place on August 28, 1989, but was written up and prepared on February 13, 1990, almost six months later. During my appeal ro the Board of Building Commissioners, Ms. Daniels justificat10n that I had been given sufficient notice was that a Notice of ppndency had been recorded back in March of 1987 (copy enclosed), hh1ch 1S over 1 year PRIOR to my purchase of the property. This notlfication is what is referred to in correspondence as ., "file" which was already started which effectively shortt'fl:.i ::IY demolition permit time to 60 days. The Board then quest ll'lled me for 10 minutes on why I would buy a property with a ~orLce of Pendency on it without cheCking it out. I did not remember Jny ~otice of Pendency and did not bring my title insurance poll<:Y ^lth me to the hearing. NOTE: Ms. Daniels dnd Mr. Don Hesterly both failed to tell the Board that on August lJ. 1987, (8 months PRIOR to my purchase) that a "Release of Notlce of Pendency" (copy enclosed) had been signed by Mr. Hesterly and ~ecorded. This notice was found in the same file which she read before the Board. Also, my title policy does not list any noticps ~t all (copy enclosed). In regard to the actual work performed to remove the material there are a number of questions which Ms, Daniels, Mr, Don Hesterly, and Mr. Mark Young have been unwilling (as described in my letter to the Board of Buildlng Commissioners dated :Jovember 16, 1989) or unable to answer, 1) Under whose authority was the work performed? Mr, Don Hesterly first stated on public record before the Board that he believed the Mayor had ordered it. 2) Was a permit pulled and was there an estimate of contract amount? 3) Are bids required when contracts are over a certain amount? 4) How long did the job take, do time and material contracts have signed daily sheets. are monies paid without supporting documentation as to work performed? 5) Who authorized payment to the contractor on a hand ~ritten 5X7 invoice wi thou t any order no., no backup, no phone number, or permit number? In the first hearing before the Board. ~r. Hesterly did not know 4 why the contractor had been paid because he usually requires backup. The Board asked ~r. Hesterly to have the Contractor show up at the next hearing "if he wanted to do any more work in the Citv", The Contractor did not appear and the night before the 2nd hea~ing he provided "backup" to ~r. Hesterly. This information was handed to me the minute before I was to address the Board at the podium to give testimony, without the opportunity to see it first. While at the podium, several members of the Board looked at the backup and questioned why the dates were Sept. 1990, and not 1989. Also why the dump s1te was in Hemet, and that the backup did not total $11,000. It appeared this backup just provided had been fabricated just recently, In reviewing the backup provided other peculiar items come to mind. The purchase order numbers are in sequence, yet the work is supposed to have taken place over 3 days. The hand written purchase order which the Ci ty used to pay the Contractor was photocopied so as not to show any number. The receipt from the dumpsite in Hemet is in the same handwriting as the purchase orders from Kelly Demolition, and lists all the dumps on one day, not over 3 days. I have been ~nable to locate such a dump as listed on the receipt in Hemet. The unsubstantiated backup totals only $7566.64. In addition, the Contractor refused to be present at the hearing and back in November would not return my calls. This led some members of the Board to think that someone in the City may have asked the Contractor not to call me back and give me timely information. One 0r the questions I wanted to ask the Contractor was why the crushed rock which covered the parking lot was scraped up and removed? Did ~his also present a hazard, and who authorized and paid for this? If one would take the time and read all the correspondence relating to this abatement, it is apparent that this was not an emergency abatement but more d vendetta against me personally. The correspondence will point out those involved and their lack of proper legal procedures, their lack of proper legal follow through which has denied me and the other record property owners their rights as mandated in the codes. I believe that Kelly demolition is personal friends with people in the City, and this in conjunction with the City's effort to thwart my attempt at getting accurate and timely information with which to present an explicit appeal has greatly damaged myself and the other property owners. Special Note: At the last Board meeting I asked why I am unable to get information from people in authority on what transpired, or information requested in a timely manner and not when I am walking up to the podium. This has happened 3 times, I was assured by ~r. Hesterly that I could get any information I requested from him. The .fact is he did not speak with me when I '-'as at the desk requesting information, he only gave me a 1 day notice of the first 5 Board meeting and did not provide any further information hhich was requested in my appeal letter, ~r. ~ark Young would not come out from the back room to answer any questions, nor would ~s. Daniels come out to answer any questions. At the 2nd Board meeting all three were present, yet no answers were given to my questions. Thev tried to cloud the issue by reading only parts of the file whi;h were not relevant at all (a Notice of Pendency prior to my purchase). In addition I was not able to get to see the "personal memos" in the file as requested. Now 7 months and 2 appeal hearings before the Board has elapsed with no requested information given to me, additional "documentation" has been added to the file which appears to have been fabricated recently, and I'm sure there will be no "personal memos" found at this point which will shed any light on this file. In summary: 1) Why was proper notification not given according to ~unicipal Codes 15.28.030, 15.28.040, and 15.28.140? 2) Why was proper posting not done according to ~unicipal Codes 15.28.040 and 15.28.1JO? 3) Why was I not given the opportunity to stand before the Board prior to the City doing any work, as specified in Municipal Code 15.28.050? 4) Why were record property owners not notified "immediately" after the inspection and demolition order issued as MANDATED in Municipal Code 15.28.140C? This would have afforded the property owners over 2 weeks to act themselves. Instead, we were not notified until 72 days later while walking up to the podium in front of the Planning Commission. 5) Who supervised the work done? 6) Why was the Contractor paid without any backup? 7) Is the Contractor personal friends with someone in the Bldg. Dept? vQerv truly you..rs. / //7 ,~~vtA-V"/ j~~ Darwin K. Pearson cc: Mr. Harry Kerames, Owner ~r. Alan J. Parnigoni. Owner Mr. John Coombe, Atty. --- Darwin K. Pearson 1249 1/2 W. Balboa Blvd. Newport Beach, CA 92661 (714) 673-5712 November 16, 1989 City of San Bernardino Board of Building Commissioners 300 North '0' Street San Bernardino, CA 92418 Re: Appeal - 3251 N. Del Rosa, San Bernardino Letter from City of San Bernardino, dated November 8, 1989 Members of the Board of Building Commissioners: The specific action appealed from is the "emergency abatement" of the above-referenced property, and the resultant undue economic hardship caused by the City of San Bernardino's (City) actions. Specific grounds of appeal: The City cited three Municipal Code Sections in their subject actions, Sections l5.28.010(A) (11), 15.28. (140A) and 15.28.150. Section 15.28.010(AI (11) reads as follows: "Whenever the building or structure has been so damaged by fire. ~ind. earthquake or flood, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable persons to resort thereto for the purpose of committing unlawful or immoral acts;" On November 14. 1989 I went to the City and asked for a copy of the file concerning this matter. I asked to have copies made of certain documents but a decision was made in the back room that al though the file is public record I could not get copies of certain memos with ~hich to file my appeal. However, I was given a copy of two complaints by Councilman Tom Minor and Councilman Maudsley (copies enclosed). ~either of these complaints cited a,b, or c of the referenced Section, only that the site was unsightly. Section 15.28.030 states that if there is a public nuisance as defined in Section 15.28.010 (above), the building official SHALL give written notice of the defects to the owners of record. Section 15.28.040 mandates the manner of the required "Service of 1 notice to owner", and additional posting requirements necessary. Nei ther I, nor either of the other two owners of record were notified pursuant to the statutes of the Municipal Codes. Nor did the file reflect an emergency condition requiring actions by the City to "proiect the health and safety of the community" as stated in their letter. Nor were posting procedures followed per the Municipal Codes. It should be noted that ~e have been actively trying to sell or obtain financing for the project as this site. The site has been visited frequently by myself, appraisers, and bank officials and had their been the proper posting we would have been alerted that action by the City was forthcoming. I personally was at the counter of Building and Safety on August 14, 1989, as was Ms. Debra Daniels, yet no mention was made as to any forthcoming action by the City. Another document which was provided from the referenced file is a Notice of Pendency of Administrative Proceedings and a copy enclosed. This document was recorded on March 22, 1989, and lists the owners as Edwin & Edith Boon. I had owned and held title to the property for about a year and had prior correspondence with the people who caused the document to be initiated. November 14, 1989 was the first time we ever saw this Notice of Pendency. It appears that proper procedures. title searches and notifications were again not followed. The Department of Building and safety did know that ~e held title at this time. The City and specificallY the Code Enforcement Division has been aware of my situation in regards to the demolition of the subject property as evidenced by previous correspondence, and by the Demolition Permit obtained on February 23, 1989 (copy enclosed). My previous correspondence asked that I be informed in writing of any actions taken by the City at my expense. Also the letter from the City, dated May 17. 1989, cannot be construed to be the required notification according to the Municipal Codes for the following reasons: Notice of defects to owner as defined in the previouslY referenced Section were not listed. Proper service was not given to all the owners of record. Proper posting was not done as required. I was not notified under Section 15.28.050 - Failure of owner to abate nuisance - Notice of hearing, that I could submit to the Board of Building Commissioners my plans to abate the nuisance. 2 If the letter of May 17, 1989 is construed to be proper notification, then Section 15.28.050 mandates extremely explicit notification requirements complete with a letter with blanks to fill in which must be mailed to the owners, lien. holders, mortgage or trust holders as ascertained from title company records. We had three (3) Second Trust Deeds recorded on the property since May of 1988, up until mid August of 1989. Again, proper notification and procedures were not followed. In addition, the demolition permit states that "This permit will expire if work is suspended or abandoned for a period of 180 days. My permit was pulled on February 23, 1989 and work was done to knock the building down, as agreed upon with Mr. Hesterly at the time, during the 2nd week of March. That means that 180 days would expire in September of 1989. The order for the abatement removal due to unsightly material was signed by Ms. Debra Daniels on August 9, 1989, prior to the permit expiring. During this period of time I was completely unaware that this site ~as such an extreme hardship to the City and that this action was about to take place. I have always returned calls, and correspondence which I receive and had not received any calls or correspondence since May 17, 1989. I responded to the letter of May 17, 1989, but was not contacted again saying that my response was not sufficient. Also I WAS actively trying to complete the demolition by getting the financing for the project. There is and always has been a line item for demolition in the construction costs, and I had spent the required up front appraisal and bank charges in regards to obtaining financing. The only time we became aware of the extreme consequences of my inability to remove the debris in the referenced time period is when I was called to the podium at the Planning Commission Hearing in which we were requesting a time extension for the project. The Chairman was so upset that the lot had not been cleared, (evidently he drives by the site twice a day) that he did not even wait to hear Staff's explanation of the request at hand. The Chairman wanted to know KHY I had not torn down the house after being requested by the City for over two years, and why they should do me the favor of extending the project when I have refused to tear the house down for 2 ~'ears. I was shocked and unprepared for this as my last dealings ~ith the City concerning the demolition was in May, almost 6 months before the meeting. I was in constant contact with the City since August regarding the extension of time and was not made aware of any problem. Also, we did not own the property for 2 years, and the Notice of Pendency was recorded under the previous owners, because a title search had not been done, yet they knew I was an owner of record. The Planning Commission proceeded to deny the extension of time which essentially killed the project. It should be noted that we have spent approximately $125,000 in 3 development costs to date which does not include the land cost. Back in January and February I had two estimates for removal of the house, a single story structure which had been totally destroyed by fire. Both estimates were approximately $4500. I knocked down the structure myself and pushed the debris into a pile so that all that remained to be done was to load and haul the debris away. I spent $1200 on this. The City hired a contractor at a cost of $11,000 to complete this work and then added another $4400 for their administrative costs! It should be noted again that administrative procedures for legal notification and posting were not done. I asked the Code Compliance Officer, Mr. Dany R. Nolfo how was the contract awarded, how long did the job take, what backup was there to substantiate a cost of $11,000. At this time, Ms Debra Daniels arrived back in the office and Mr. Nolfo followed her to the back room and spoke with her. Mr. Nolfo returned to say he did not know the answers to my questions, that there was nothing in the file and that he understood my feelings but that he was stuck in the middle. Mr. Nolfo then presented me with some of the documents I had requested, but said Mr. Mark Young would not OK the release of all of them. I asked to speak with his supervisor, Mr. Mark Young, who was in the back room. At this time Mr. Nolfo returned and presented my wi th a photocopy of a hand written invoice on a 5X7 piece of paper in the amount of $11,000 (copy enclosed). This invoice had no order number, no backup, no phone numbers or permit number. Mr. Young still did not come out to answer any questions nor did Ms. Daniels even though she is the one that handled the file. Instead, they sent Mr. Nolfo who was not familiar with the file, didn't know the proper procedures for this type of occurance. and could only tell me he understood my feelings but that he was stuck in the middle! Even if the City had legal justification for clearing my property, which they did not, they do not have authority to give a "blank check" to a demolition contractor, for the following reasons, but not necessarily limited thereto: 1) Section 15.28.150 states," Although the manner and method used by the building official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economic hardship upon the owners of the property," 2)The City must have a policy of securing written bids when contracts are over a certain amount. Is $11,000 over this amount? 3)What is .the 40% Administrative cost for? It wasn't used for notification, or posting requirements, nor for bidding the work for 4 the debris removal. Nor was there any record in the file as to site supervision for the work performed. If the City lets out a contract for time and materials, don't they require a system of checks and balances to prevent kickbacks or abuses by contractors. It should be noted that these abuses are widespread as every week there seems to be another contractor brought up on charges resulting from work with government agencies. 4)This was not an emergency situation which required extreme and immediate action by the City, as the site conditions had not changed for about 5 months (although we were making progress on project financing). Only after two councilmen put in a complaint that noted the site to be "unsightly" was this action taken. There certainly was time for proper City procedures such as notification, written bids, and proper posting of the site. 5)Was a permit required and if so what was the estimated amount listed on the permit? The letter dated November 8, 1989 requesting payment of S15,400 also asks that my appeal include specific grounds for my appeal, yet the City has been unable to furnish me with a complete file with which to form my appeal. Mr. Nolfo was unable to answer my questions as to how contracts like this are handled, nor how this one was specificallY handled. The people in the back room would not OK the release of all material in the file, nor was there anything in the file relating to bids, inspections, supervision, notifications, posting of notices, or anything relating to the amount of time, machines used, number of men, or anything concerning the work done at my expense. In this appeal we are seeking relief from the excessive charges by both the City and the contractor involved due to apparent abuses and violations of the Municipal Codes by the City in this matter. After reviewing any documents which the City has not furnished us and given the opportunity to meet with responsible people who can answer further questions arising from our review of those documents we wish to sit down and negotiate a payment to the City ",hich reflects an amount ",ith respect to the work necessary. We do not wish to get into a legal battle as to the rights and procedures involved and realize that there was a cost involved to remove the debris. I t should be noted that \Oe do pay taxes on the property, even supplemental taxes assessed from a time prior to our purchase. Although we do not live in the subject area as do the Councilmen, 5 I I. I. I we have invested heavily and should have been afforded the rights according to the Municipal Codes. The fact that we don't live there is all the more reason for proper notification and posting ;requirements. We do sincerely regret the hard feelings felt by the Councilmen and the Planning Commission concerning this matter. We do not feel however that the City acted properly or the $15,400 charge is justified. Very truly you~ U~4_/~~ - Darwin K. Pearson - cc: Mr. Harry Kerames, Owner Mr. Alan J. Parnigoni. Owner Mr. Bud Roberts, Sierra Engineering enclosures , 6 . , , [ Recording Requested By 89-101623 City of San Bernardino Department of Building & Safety 1m 21-.'5Y';! 3?CuR 4WNT RECORDED IN 0rO:iC~AL RECORDS and when recorded mail to: 89 HAR 22 AM II: 54 S;:.ii t.:;;L~~ DllciO A... "". I .-'. I..~, \,,{,~;i-. 5SVY 5_ _ OTT ,7" I\J Department of Building and Safety 300 North 0 Street, Room *331 San Bernardino, CA 92418 Space above this line for recorder's use DEPARTMENT OF BUILDING AND SAFETY OF THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA In the matter of the public nuisance on property of 3251 N. Del Rosa Drive San Bernardino, CA Assessors No: 155 102 04 No. 3028 and DOES I through X, owners NOTICE OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS Edwin & Edith Boon Notice is hereby given to all persons, pursuant to the San Bernardino Municipal Code, Title 15 of the City of San Bernardino that administrative proceedings have been commenced with respect to the structure or land located upon the following described real property in the City of San Bernardino: A.L3:J\tS , ONIO'lnS ON'nw"".IIJ~" ..<u.. ._ . .._ ,. -. .:,,; ......{ " and when recorded mail to: Space above this line for recorder I s use DEPARTMENT OF BUILDING AND SAFETY OF THE CITY OF SAN BERNARDINO. STATE OF CALIFORNIA 'I:. No. 3028 RELEASE OF In the matter of the public nuisance on property of 3251 N, Del Rosa Drive San Bernardino. CA Assessors No: 155 102 04 . . NOTICE OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS And DOES I through X, owners: Edwin & Edith Boon ,,;,~...: ' Notice pursuant to. the San Bernardino Municipal Code. Title 15 of .the City of San Bernardino, having been recorded on th,.. ~~t d,ay of Mareh ' , 19~, Document No.~, of Off.icial Reeo s of the County of Sin BernardTiiO; State of Cll~ing to~eirea' property therein described; and The condition located on said real property no longer being in a state of. violation of any law, and no longer.existfng IS. a public nuisance; and There being no moneys.owing and'due'to.said City for abatement expenses. Dr there being no cause for a tax and special assessment lien on the real property because of proceedings giving rise to the exectuion and recording of the above mentioned notice; now therefore '., [, The above mentioned NOTICE'OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS is hereby released and said document shall be of no fu.rther foree or effect.. DATED August 13. 1987 BUILDING OFFICIAL CITY OF SAN BERNARDINO State of California C:ty of San Bernardino ~,s. On thls.lltA.-day of d"g"" , In the yea~before IIlI City Clen personally appeared-~~_ u. pIa. , known to me~the Building and Safety Officer of the CiPro~ sari l:rnafdlno anaknown ~o met"o-be-"the-person-whtrexecutaG tlIe--- within instrument on behalf of said public corporation, agency Dr political subdivlslQr and acknowledged to me that suc~ City of San Bernardino executed the same. '. ' ,'/ .: .\, ;, ';"1..' . ' . "! ,- '., 'I ';' "1 I" , .". '-., ',', Ifjj ~ .~ 17t?~.~1;:~:;',~~"'~ ;,;".. 8rJ-.1J.,~ -. CHy ~erk~": 1,'J)i ,~ M~'~:~~; ,... ~Il~ ~t..z.(~~/<,tf~:;X.~ . I I .ti' ... " ,rdlng Requested By . ,-10464 .tl, . ~..-_....-- .j City of San Bernardino Department of Building & Safety .."Lan e ZMlYI JPCOR (l"NT . RECORDED IN OFFICIAL RECORDS _190_~ MAR 31 PM 2= 21 SAN BERNARDINO CO" CAL.IF. and when recorded mall to: H Department of Building and Safety 300 North 0 Street. Room '331 San Bernardino. CA 92418 -" Space above this line for recorder I s use DEPARTMENT OF BUILDING AND SAFETY OF THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA In the matter of the public nuisance on property of 3251 N, Del Rosa Drive San Bernardino. CA Assessors No: 155 102 04 No. 3028 NOTICE OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS and DOES I through X. owners Edwin & Edith Boon Notice Is hereby given to all persons. pursuant to the San Bernardino Municipal Code. Title 15 of the~lty of San Bernardino that administrative proceedings have been conmenced with respect to the structure or land located upon the following described real property in the City of San Bernardino: Orange Grove Tr PTN Lot 1 Blk 22 Com at Intersection CIL Del Rosa Ave and CIL Lemon Ave TH N 314,2 FT to POB TH E 440 ft to E LI Sd Lot TH N 196 ft. TH W 440 ft TH S to POB EX W 61,25 Ft 1,71 Acre Book 155 Page 10 that such proceedings are based upon the noncompliance of such structure or land with the requiremenu af the San [le,'na. Jlna 14unicipal Codo; th~t every owner of Slid reel "rop-.rty waives his right to hearing on such proceeding. unl... h. make. a proper request in the form and within the time prescribed by the COde_~fted; and_that faflure to comply wfth the lawful orders of the Building Official and Board of BulTding CQRDisiioners- heretofore-and hereafter issued relative to the above matter may result in demolition of the offending structure or abatement of the public nuisance and assessment of the costs and explnses thereof to the property heretofore described as a tax and specia1.asslssment lien on such property; that any purchaser. his heirs. or assigns acquiring said property subsequent to the recording of the Notice with the County Recorder shall have such Interest subject and subordinate to said tax and assessment lien, . CITyaUILDJNG.OFFICIAL DATED March 26, 1987 ~~o __~'_ t ____.__. Form NO.1 402 (6/87) AL TA Ownefs Policy ':l'{ ....~ ~ A.MER[ C .., 1- ..~ ' POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECTTOTHE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation. herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage. not exceeding the Amount of Insurance stated in Schedule A. sustained or incurred by the insured by reason ot 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2, Any defect in or lien or encumbrance on the title; 3, Unmarketability of the title; 4, Lack of a right of access to and from the land, The Company will also pay the costs. attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. . ........~""".",''\ ,.-' . , \ E I. \\, .. < \.. .v S ~ l . "' \ (/ " ~. ;'....' ........ 'TA .~. - ,,("'. ...,}- ., f " ,,' ~ / J ~ " '~ 'J . ~ . '~' ,.. ,.." I : 1_ : :.J /'. j 1 ~ . ~ ~ : ~ I, ,c:- =,=~ · "-JrE~'" 'I ' 'C · i'" . ICe. ,c". '_ ~ . ~ ' ' ~ # -, d- "-a ..... J I~ .' ". >.J .' ~ f .,. ';.', ,,' ~ '" '. .. ...... .. "" \,. C f [I F 0 \\ ':\ \" _.;'.:' 'h ~ ''\,''''''....,~... First American Title Insurance Company BY PRESIDENT BY . 1V~1t: C. )~LJ. SECRETARY u "~Q~nA 1: "\tEIlI ~., C' , ~ .~' ~~!I.~~~ ,~~.~..~.3~'4'/~ -~ ~- ~."' - ... - ..... ...c ...........qJany to proseCute or p;ovlde tor-tt -, - First American Title Insurance Company 323 COURT STREET (P. O. BOX 63271 SAN BERNARDINO. CALIF. 92412 . (7141889-0311 Insurance Policy No. ~ (OJ~ ~ ~ NOTE: THIS CONTAINS IMPORTANT INFORMATION ABOUT THE REAL ESTATE TRANSACTION YOU HAVE JUST COMPLETED. READ IT AND RETAIN IT WITH YOUR OTHER VALUABLE PAPERS PERTAINING TO THE PROPERTY. The new home or other real estate you have purchased is protected with a policy of title insurance issued by First American Title Insurance Company, This is your guarantee of ownership. We have assigned the above number to your records to assure prompt processing of future title orders involving the property. If you sell or obtain a loan on this property within two years. FIRST AMERICAN TITLE INSURANCE COMPANY will REDUCE the usual policy rate 20 per cent. To obtain this SAVINGS. it will be necessary for you to infortl the real estate agent and/or escrow holder handling further transactions that such policies of title insurance as are required should be issued by First American Title. You should request that the escrow officer refer to the above number when opening the order with us for title insurance. the opportunity of serving you and will be glad to PROTECTION OF YOUR PROPERTY tf;~ U1J_ 919656-A FIRST A"ERICAN TITLE INSURANCE CO"PANY 323 COURT STREET (P. o. BOX 6327) SAN BERNARDI~O, CA 92412 (714) 889-0311 SCHEDULE A POLICY NO. 919656-A LOC A"OUNT OF INSURANCE: $224,246.12 PREMIUM $722.00 DATE OF POLICY: MAY 19. 1988, AT 8:00 A.M. 1. NAME OF INSURED: DARWIN K. PEARSON. HARRY KERA"ES AND ALAN J. PARNIGONI 2. THE ESTATE OR INTEREST IN THE LANO WHICH IS COVERED BY THIS POLICY IS: A FEE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: DARWIN K, PEARSON, A SINGLE "AN. AS TO A S7~ INTEREST. HARRY KERA"ES. A "ARRIED ~AN. AS HIS SOLE AND SEPARATE PROPERTY. AS TO A 33\ INTEREST AND ALAN J. PARNIGONI. A SINGLE MAN. AS TO A 10\ INTEREST. ALL AS TENANTS IN CO"MON PAGE 1 919656-A 4. THE lAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOllOWS: PARCEL NO.1: THAT PORTION OF lOT 1. BLOCK 22. ORANGE GROVE TRACT. WEST HIGHLAND. IN THE COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. AS PER PLAT RECORDED IN BOOK 11 OF "APS. PAGE 14. RECORDS OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF "OUNTAIN AVE. NOW KNOWN AS DEL ROSA AVE.. 695.2 FEET NORTH ALONG SAID CENTER LINE OF SAID "OUNTAIN AVE. NOW DEL ROSA AVE.. FRO" CENTER LINE OF LEMON STREET; THENCE EAST 440 FEET TO THE EAST LINE OF SAID LOT 1: THENCE SOUTH ALONG EAST LINE OF SAID LOT 1. 185 FEET: THENCE WEST. 440 FEET TO SAID CENTER LINE OF MOUNTAIN AVE. NOW DEL ROSA AVE.: THENCE NORTH 185 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFRO~ THE WEST 61.25 FEET. AS CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT. A CORPORATION. 8Y DOCUMENT RECORDEO AUGUST 27. 1951, IN BOOK 2815, PAGE 303. OFFICIAL RECORDS. TOGETHER WITH AN EASE"ENT FOR INGRESS AND EGRESS OVER THE EXISTING BRIDGE LOCATED WITHIN THE ABOVE MENTIONED WEST 61.25 fEET. PARCEL NO.2: THAT PORTION OF LOT 1. BLOCK 22. ACCORDING TO THE MAP OF ORANGE GROVE TRACT. WEST HIGHLANDS. IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. AS PER PLAT RECORDED IN BOOK 11 OF ~APS. PAGE 14. RECORDS OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF LE"ON STREET AND DEL ROSA AVENUE (FOR~ERLY KNOW~ AS ~OUNTAIN AVENUE) SHOWN ON SAID ~AP; THENCE NORTH ALONG THE CENTER LINE OF DEL ROSA AVENUE. 510.2 FEET TO THE POINT OF BEGINNING; THENCE EAST 440 FEET TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH ALONG THE EAST LINE OF LOT 1. 196 FEET; THENCE WEST 440 FEET TO THE CENTER LINE Of DEL ROSA AVENUE: THENCE NORTH 196 fEET TO THE POINT OF BEGINNING. EXCEPTING THEREFRO~ THE WEST 61.25 FEET AS GRANTED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT. A CORPORATION. BY DECREE OF CONDEMNATION. RECORDED AUGUST 27. 1951. IN BOOK 2815 or OFFICIAL RECORDS. PAGE 303. RECORDS OF SAID COUNTY. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE EXISTING BRIDBE LOCATED IN THE WEST 61,25 FEET. SO EXCEPTED FROM ABOVE DESCRIBED PROPERTY, PAGE 2 9196S6-A SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE MATTERS SHO~N IN PARTS ONE AND T~O FOLLO~ING: PART ONE: 1. TAXES OR ASSESSMENTS ~HICH ARE NOT SHO~N AS EXISTING LIENS BY THE RECOROS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 2. ANY FACTS. RIGHTS. INTERESTS. OR CLAIMS ~HICH ARE NOT SHO~N BY THE PUBLIC RECORDS BUT ~HICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS. CLAIMS OF EASEMENT OR ENCUMBRANCES ~HICH ARE NOT SHO~N BY THE PUBLIC RECORDS. 4. DISCREPANCIES. CONFLICTS IN BOUNDARY LINES. SHORTAGE IN AREA, ENCROACHMENTS. OR ANY OTHER FACTS ~HICH A CORRECT SURVEY WOULD DISCLOSE. AND ~HICH ARE NOT SHOWN BY PUBLIC RECORDS. S. UNPATENTED MINING CLAIMS: RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF: WATER RIGHTS. CLAIMS OR TITLE TO WATER. 6. ANY LIEN. OR RIGHT TO A LIEN. FOR SERVICES. LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED. IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. PART TWO: 1 : GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1988-89. NOW A LIEN NOT Y~i PAYABLE. 2 : THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 7S OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 3 ~. .. "--, 18 919656-~ 3: RECITAL CONCERNING CONTROL OF STREETS FOR PIPES AND POLE LINES. ETC.. AS APPEAR MORE FULLY ON THE MAP OF ORANGE GROVE TRACT. RECORDED IN BOOK 11 OF MAPS. PAGE 14. RECORDS OF SAID COUNTY. 4 : AN EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL PURPOSES. RECOROED IN eOOK 134. PAGE 185. OF DEEDS. SAID EASEMENT IS FOR PIPE LINES AND POLE LINES ANO CANNOT eE LOCATED FROM THE RECORD. 5 : AN EASEMENT FOR EITHER OR BOTH POLE LINES. CONDUITS AND INCIDENTAL PURPOSES. IN DEED RECORDED IN eOOK 3735, PAGE 36, OFFICIAL RECORDS. LOCATED WITHIN THE EAST 4 FEET OF SAID LAND. (AFFECTS PARCEL NO, 1) 6 : AN EASEMENT FOR EITHER OR BOTH POLE LINES. CONDUITS AND INCIDENTAL PURPOSES, IN DEED RECORDED IN BOOK 3735, PAGE 35, OFFICIAL RECORDS. LOCATED WITHIN THE EAST 4 FEET OF SAID LAND, (AFFECTS PARCEL NO, 2) 7 : A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $55.48B.43. RECORDED MAY 19. 1988. INSTRUMENT NO, 88-157720. OFFICIAL RECORDS. DATED: NOVEMBER 18, 1987 TRUSTOR: MORGAN DEVELOPMENT. INC.. A CALIFORNIA CORPORATION. DARWIN K, PEARSON, A SINGLE MAN AND JOHN J, GONZALES AND MERCEDES GONZALES. HUS8AND AND WIFE. EACH AS TO A 1/3 INTEREST TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY. A CALIFORNI^ CORPORATION BENEFICIARY: JOHN J. GONZALES AND MERCEDES A. GONZALES. TRUSTEES OF THE GONZALES FAMILY TRUST. ESTABLISHED JULY 30. 19B6 PAGE 4 ~~ y 4!~ -it, 919656-A 8: ". -' .~ L f :e~' . .'. -,:....:.. \':)'" A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $39.535.36. RECOROED MAY 19. 1988. INSTRUMENT NO. 88-157721. OFFICIAL RECORDS. DATED: MAY 2. 1988 TRUSTOR: DARWIN K. PEARSON. A SINGLE MAN. AS TO A 57_ INTEREST. HARRY KERAMES. A MARRIED MAN. AS HIS SOLE AND SEPARATE PROPERTY. AS TO A 33_ INTEREST AND ALAN J. PARNIGONI. A SINGLE MAN. AS TO A 10_ INTEREST TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY. A CALIFORNIA CORPORATION BENEFICIARY: MORGAN OEVELOPMENT. INC.. A CALIFORNIA CORPORATION SAID DEED OF TRUST RECITES: "THIS DEED OF TRUST IS TO 8E DEEMED TO 8E OF EQUAL PRIORITY WITH THAT CERTAIN DEED OF TRUST RECORDING CONCURRENTLY IN THE AMOUNT OF $34.441.33 IN FAVOR OF JOHN J. GONZALES AND MERCEDES GONZALES." 9 : A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $34,441.33, RECORDED MAY 19, 1988, INSTRUMENT NO. 88-157722, OFFICIAL RECORDS. DATED: MAY 2. 198B TRUSTOR: DAR~IN K. PEARSON, AS TO A 57' INTEREST, HARRY KERA~ES. AS TO A 33' INTEREST AND ALAN J. PARNIGONI. AS TO A 10' INTEREST TRUSTEE: FIRST A~ERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: JOHN J. GONZALES ANO MERCEDES A, GONZALES SAID DEED OF TRUST RECITES: "THIS DEED OF TRUST IS TO BE DEEMED TO BE OF EQUAL PRIORITY ~ITH THAT CERTAIN DEED OF TRUST RECORDING CONCURRENTLY IN THE AMOUNT OF $39,535.36 IN FAVOR OF MORGAN DEVELOPMENT, INC.. A CALIFORNIA CORPORATION." LOC!SPG PAGE 5 -d 10ATE (tk-1<i9 I , ~ TITLE 15.28 ___, f~ - IO:;::;a - t::::l ~ 'E "EQv'''EO I MOW'..". IMPOIlTANT , OOlDE" NU".E. MUST A~EAOI ALl. .NVOICES.PACKAGES. ETC. -SE "OTI~" US '....l!DIATl!I.T I~ _ "AI! U""'BI.I! TO SH'" CO"IILl!"rE ,01 By DATIE 5PECI~IED. "'-EASE SOlO COPIES r:w YOUOl IMI'QICI: ~.CHASINQ AQENT !2!! 1<10 ,'!an ~ ORIGINAL 1 CJO 1 :! REPORT/PROJECT NO- ~~---e I I I I" I .,.,..... L ....,.:=- t t ~ :l ~ ,1-..-_ - L.~~. Code Compliance Of icer Q ~/~/Aq Date ~ ~ %/.. ,- -pp~ by ! 1 ;l 1 ALL BILLS SUBMITTED MUST HAVE 2 KEYS FOR BOARD UP INCLUDED . , .:..~ '" ~ .. _. I,.... /-. ....~.: ... .. ."' ~ ..~.. '0') .,\::..; \00 .:~~. r~':~. .. III. a' .. o 1&1 en C 2: U ~ E . . ~ 1M Q ae o III en C 0. ~. ~. 't~ . , ~:'-2 ~~ I; ~ , - j . . ..... ,. - " . . - ... .i - "IlL ~..",\:.....:';"',-", !-'" !'- o-t II ~ u i5 III > ~ 3; I II: :) 0 ~ .. 0 . .. _i: . 0 \ .. C,j. .. 0 .,. z . II . II ,. C .. .. .. ;. \, '. z ! : ~ CI ~ I o ... - - ~ ,"'.'".!:'~'.~. --:-:;::;).~~~w,.,;.""",'-;."'''', - Ln Ln C"> 00 .. . .. 0 - ~ - - ... I'~. '. ".. : '. :...~:..... r.: \ ~?~ .' ;5 ~I . .. u (5 > 3; II: ;) o ~ II. o . .. i: o u .... .. .} ..) o z .. . .. . c .. .. .. ..t t -8 I .., . , , .="-: ~ . .----.r_~~-.~ .-. L. KELLY DEMOUT'ON .., . "2ND ST. PH. 714.612.1101 AUBIDOUX. CA 82501 2503 PAY .J~ W TOTHI ' t OIllD..OII_ _ L. .....1_._ . "_ .~~~~(,- IlCUIIITY MCII'1C NATllINAL UNIt . ~=~CltMO_, ~ 'OR_~_CA- '_. . _.. _ In. _ :E~fr~1fir. ~~"ll: 10 ~.O 710 7 ~q~OOO ~ Z" 0.. .r:_''''__'-~_,:'_..''' _ ...._.-.. _.... ~!" .......--..--.-,,-~-~ L. KEU Y DEMOUTION .on . "2ND ST. ,", 714-112-ltoI RUIIDOUX. CA IZ5C18 2502 PAY TO TNI I 01110.. 0fI ~ -uf J ~n-I'__IL~1 tNll22l. , - ---- ~~iil/O ~ ~ ~-tA-..J..... -~. ~ ~DOLLARS 81!CUIIITY NCII'1C NATllINAL BANK . . ':\.~ ) ~~CltMO_ ~~o ~ CA_ \ Iha ~ 'OR .. .__ _ _ h.A ~ U)'-. 3Q ~I ~. · 2502 . ~000"11:10~.07Go71q.. "'000003GoO~0'" -'.~.~"""_...._.-._....-.-.. J". _ ...... ~__ ~ ....-..:-~ L. KEU Y DEMOUT'ON 1041 . "2ND ST. PH. 714-t12.1101 AUBIDOUX. CA 12501 2504 I /0 - I ~1.L1 tNma 5~:OPJLa~LJ<_ju~ ._J $5"~~/~r ~~~__~..#_~DOLLARS 81!CUIIITY MCII'1C NATllINAL UNIt. - - . - --< -r. : Ill....... ..... 0fhCe ..... 37n......St. A".- CA_' ( -,..., _ _ 1/ U 'OR ,.~~- .L~aa"~~D~t ?>:J.Fi u' 02 01," 'i:TnOOOOI,11:10~"07Go71q.. t000005ZBB ... .-:&-t'_"~.~_1.<!~.-.z.-...._-...._.... _.... ~..r~~ _ __ . ....~......-....~...____.___._.--.l:~ L. KEUY DEMounON 10<' . 42ND ST. PH. 714_.1_ AU81DOUX, CA 12501 2514 PAY IJ 1=. ('.'. .tz:. :m 0' g A .... ."..d...-rLU. . . . ---l It '. _ LJ ,7 I!. I"' t (" "/' ~ '-- 7...U~....A ... {L" ... ~_ -<. '.I/..-J , IlCUIIITY MCII'1C NATllINAL UNIt . ............ 0MciI ... ~m_... l ""_CA~ ~/. _. .;'" (l '- 'OR . ~ _..J' ,. ~~fd,.- :_t;jJ;.;"............. ........_............_ / ~ _ J .i_l.!l:! tHllZll $ ~6t!J,0 () DOLLARS 11' F.. . , .' +- L .1, ~ . - .",nnnn"c"n"'; 1 2 3 4 S 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 I :1 I 23 i I 24 I Ii :!S I 26 27 28 OUJ-\rtU ur DU 1.I..U i '11.1 i.",VI'U'!!..,}..) J. V I'U:.I'\.J ORDER NO. 1351 REPORT NO. 3028 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SA~" BERNARDINO AUTHORIZING TIlE ABATEMENT OF A PUBLIC NUISANCE. ~~~"'_~ WHEREAS, pursuant to the San Bernardino Municipal Code, Title 15, Chapter 15.28, the Building Official has posted a building(s) located at 3251 N. Del Rosa , San Bernardino, California, and has notified person(s) having an interest in the above property that the build- ings(s) or premises constitute a public nuisance~ WHEREAS, pursuant to San Bernardino Municipal Code, the Building Official has served a "Notice of Hearing Before the Board of Building Conmissioners of the City of San Bernardino", relating to abatement of said nuisance, to the person(s) having an interest in the above property, and has prepared a declaration of mailing of the notice, a.copy of which is on file in these proceedings~ and WHEREAS, a hearing was held to receive and consider all relevant evidence, objections or protests on March 2 , 19~, and WHEREAS, the Board of Building Commissioners heard the testimony and examined the evidence offered by the parties relative to the alleged public nuisance, ~OW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAIl BERNARDINO AS FOLL01~S: SECTION 1. Based upon the evidence submitted, it was found and determined that the bui1ding(s) and/or premises located at3251 N, Del Rosa .. San Bernardino, California, constituted a public nuisance for the reasons set forth in Exhibit "A", attached hereto and incorporated herein by reference as though fully set forth at length as the findings of fact of the Board. SECTION 2. Based upon the evi dence submi t ted, it was determi ned that the: I , City of San Bernardino was required to initiate abatement actions~ that the City incurred costs in the sum of S 15,400.00 to aba te the above property ~ : II 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 I 16 I II 17 I 18 I 19 20 21 22 23 24 2S 26 27 28 and that these costs and future costs to the City to abate the above property shall be the personal obligation of the owner(s) as well as a lien on the above property. SECTION 3. Any person aggrieved by this order may, within fifteen (15) days after March 1, 1990 , appeal to the Common Council by filing with the City Clerk a written statement or the order appealed from the specific grounds of appeal and the relief or action sought frpm the Common Council. 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 2nd day of March following vote, to wit: AYES: Commissioners Miller, Pollock, Westwood, Ponder, Pensiero , 19.1Q.., by the NAYS: Gonzales, Flores ABSENT: Hunt, Lord 1-- ;if /J~~-t.:..,_i_,,~ J I CLERK, BOARD OF BUILDING COMMISSIONERS The foregoing order is hereby approve 19 90. CHAIRMAN, BOARD OF BU LDING COMMISSIONER Approved as to form and legal content: JAMES F. PENMAN, City Attorney (, ~ . ,. BY:~ !5'tn'-"'t~ 2 .EPORT NO. 3028 CITY OF SAN BERNARDINO DEPARTMENT OF BUILDING AND SAFETY 300 North "D" Street SAN BERNARDINO, CA 92418 EXHIBIT "A" An inspection was made of the below mentioned structure (s) and/or premises, and substanda,rd conditions which shall include but not be . limited to the following, were' observed. - The owner(s) and all interested parties, as indicated on the Title Report, were sent a certified mailing of these conditions. - The recommendation is for cu,Ja........._J.l j Ll._ _ tu ._~ () &..4)'_1. '1~.-z;'~~~r i~-;~/7r..(~- (il:U ~~X1Z%LJ;),,1 /j '-;2/7' o/.~ J!/ir Y:' 7,'( t/..~ . - All such su standard bUildings or premises are hereby declared to be public nuisances and such nuisances shall be abated by the repair, removal or demolition of such unsafe buildings by the proper procedure. Permits are required prior to starting repair or demo- lition work. TOTAL COSTS INCURRED TO DATE: $ i'), /7//:. .25- OWNER .u/";'//.J;/(/ .,F ,b ;/:/TX/ LOC:TION . =37.. ~ i ;(J. tp ( K;?9:;<_ -, r)" I ,r< j (.'-r1i /)( W;/ ASSESSOR'S NO. /55 //1.2- (5 c/ ADDRESS i - (rrr/ / /1/ CITY Il; (( /J:' r/ /: I . /:" .. ). . t:..Tr/1 I/~ ,6 >/.1 v TYPE/BLDG PHONE NO. DATE OF INSPECTION <:/ _,..,.;.? - ,,;C . ~ , ITEM NO. l. 2. 3. 4, 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. lS. VIOLATION DATE PREPARED /17 _ /<- ")0 r.. I ,- . SUBSTANDARD HOUSING (Inadecuate Sanitationl- UHC CH. 10 SECTION 1001 Lack of or improper water closet, lavatory, bathtub or shower in dwelling. Lack of or improper kitchen sink or drainboard in dwell- ing. Lack of hot and cold running water in dwelling. Lack of adequate heating facilities. Lack of or improper operation of required ventilating equipment. Lack of minimum amounts of natural light and ventila- tion. Room and space dimensions less than required by code. Lack of required electrical lighting. Dampness of habitable room. Infestation of insects, vermin or rodents. General dilapidation or improper maintenance. Lack of connection to required sewage disposal system. Lack of maintenance of septic system. Lack of adequate garbage and rubbish storage and removal facilities. Inadequate housekeeping - trash, garbage, etc. THIS on STRUCTURAL HAZARDS (UBCl REPORT NO. 3028 1. Open and vacant. 2. Fire damaged structure. 3. Broken doors and windows. 4. Illegal addition (bootleg) 5. Inadequate weather protection (roof leaks, etc.) 6. Inadequate foundation. 7. sagging floors., 8. Inadequate rat-proofing. 9. Chimney structure unsound. 10. Termite damage. 11. structural integrity questionable. PLUMBING (uPCl l. Water heater illegally installed in bath or bedroom. 2. Water heater has no T & P valve or seismic tie downs. 3. Leaking/broken/plugged sewer drains. 4. Leaking and/or broken pipes. 5. Cross connected plumbing. 6. Yard sprinklers must have vacuumn breaks. MECHANICAL (UMCl 1. Illegal gas heater or appliance. 2. Improperly vented water heater. 3. Inadequate.or missing gas shut off valve. 4. Combustibles stored too near heating appliances. ELECTRICAL (NECl 1. Overfusing - branch circuits not to exceed 15 amps for lights and 20 amps for receptacles. 2. Missing electrical covers or fixtures. 3. Inadequate outlets. 4. Electrical service entrance is inadequate. 5. Hazardous or illegal wiring. GENERAL (SBMCl 1. Pools - stagnant water inadequate fence inadequate gate 2. Not to be o.ccupied until corrections are made. 3. Certificate of Occupancy required. 4. Improper Occupancy. 5. Nuisance 6. Possible Fire Hazard. 7. Smoke Detectors Required. 8. Address required on all buildings and/or apartments. 9. Supplement: All Codes are adopted by and Bernardino Municipal Code (SBMC INSPECTION REPORT WAS GIVEN TO: xx A property owner B manager C tenant D by hand delivery E regular mail F certified mail are a part 15.04.020) . of the San xx February 16 19 -22- r'LrJ..I,I'i.LI'ilJ a UU!l..LJ."\.;.A ...._'\r .\"r......J ""''-, nl\II........ CODE ENFORCEMENT DIVISION STATEMENT OF COSTS SAN BERNARDINO MUNICIPAL CODE. TITLE 15 PROJECT NO 3028 The unde~signed ~e5pectfully submits the following statement of costs incu~red by the City of San Se~na~dino in abating the pUblic nuisance that existed on the prope~ty located at: 3251 N D9' Rn~~ Owne~: Address: Assesso~s No: 155 102 04 More particularly described as: IT::~IZArrON Building and Safety Depar~~ent Costs: Title Search Inspector's Time Secretary's Time Comp & ~etirement Equipment Ce~tified ~ailing Pictures Costs from Previous Hearing Hearing Time Attorney's Costs Contractors's Costs S 2 x S16/hr S 2 x S13/nr S 25~ S 4 x 50~ $ 2 x $2 x 2 S 5 x $1 $ S 40: s S $ 11 .000.00 S 5 4,400 S 15,400 SUB TOTAL Administrative Costs TOTAL COSTS saMC: 1 5.29 Date: February 16, 1990 By: Code Compliance Officer Approved by: Corrected copy - 2/16/90 Statement of Costs Rev. 1/90 Roll call was taken with the motion being unanimously carried. Motion carried. ZTEH NO. 10: 3251 N. Del Rosa / CASE NO. 89-3028 PRESENTED BY: Dany R. Nolfo Dany R. Nolfo presented photographs and background information for the Board's review. Don Hesterley stated that Mr. Pearson had called and requested that this item be removed from the agenda. He had told Mr. Pearson this was not possible. staff's recommendation to adopt an order to incur all current and future costs in the form of a lien against the property or a personal obligation of the owner(s). CURRENT COSTS: $15,400.00 commissioner Pollock asked if there was anyone present to testify on behalf of the subject property. Darwin Pearson was present to testify. He stated he had asked for information from the City and from the contractor, and that the contractor told him the City had advised him not to talk to Mr. Pearson. He stated he had responded each time he got a letter from the City and that he had not been given proper notification of what was about to be done by the City. He said he was dealing with the Planners and trying to do something. Mr. Pearson stated he had received two (2) quotes in the range of $4,500 to $5,000 to do the demolition of the building. He had a man demolish the building. His contractor was going to haul the debris away but the contractor was robbed and therefore could not complete the job. He insisted the $11,000 contractor's charges from the City were unreasonably high. commissioner pensiero asked him if he had a contractor demolish the building. Mr. Pearson answered that he did. When Commissioner pensiero asked how come he had not had the debris removed he stated that Don Hesterley had agreed to let him simply demolish the building and not remove the debris immediately. Don Hesterley said that the cleanup by the City was ordered by the mayor due to the debris being dangerous and having been there more than ninety (90) days. councilmen Maudsley and Minor had also complained about this dangerous nuisance. Mr. Pearson down and not it was. He lenders were property. responded by asking if it clean up after. He said he had been trying to obtain on the property and no one is ok to only knock a building thought Don Hesterley told him a loan and stated that his saw any notices posted on the BBCMlNUTES~/90 Page 5 Commissioner Pollock a~ ~d why it was left in a ~ _~e for over ninety days. Mr. Pearson stated he was ready to pull permits: he was trying to obtain a loan and didn't get the loan in time. Deputy City Attorney Wilson stated that the legal question is: did Mr. Pearson get notices in time. Commissioner Lord stated that the billing from the contractor was not ~n adequate breakdown of costs. Commissioner Lord then made a motion, seconded by Commissioner Pollock to table this item for thirty (30) days so that Mr. Kelly, the contractor, could answer questions and give a break down of the bill. Roll call was taken with the motion being unanimously carried. Motion carried. commissioner Pollock called for a 10 minute recess at 10:20 and the Board reconvened at 10:30. ITEM NO. 11: 284 East 10th street / CASE NO. 89-3547 PRESENTED BY: Dany R. Nolfo Dany R. Nolfo presented photographs and background information for the Board's review. staff's recommendation to adopt an order that the owner(s) is directed to keep vacant building(s) boarded and secure and to keep the premises free of debris, trash, and graffiti, until such time as the building is demolished, and that the owner(s) shall obtain a Demolition Permit and demolish the building(s) located at this address within sixty (60) days. If the building is not demolished within the prescribed period of time, the building(s) will be demolished by the City, and to incur all current and future costs in the form of a lien against the property or a personal obligation of the owner(s). CURRENT COSTS: $3,148.60 Commissioner Pollock asked if there was anyone present to testify on behalf of the subject property. There being no one to testify, Commissioners briefly discussed subject property. Code Officer Nolfo stated that the owner had phoned the office on February 1, 1990. The owner stated that he'd pay the cost but is having troubles financially. Dany Nolfo said the house is out-of-zone. When commissioner pensiero asked if the building is vacant, Dany Nalfo stated it is secure. Commissioner pensiero made a motion, seconded by Commissioner Westwood, to adopt Staff's recommendation. BBCHINUTES2/90 Page 6 NOTICE OF HEARING BEFORE THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO Report/Project No. 3028 The owner of the building situated at 3251 N. Del Rosa is hereby notified to appear before the Board of Commissioners of the City of San Bernardino at its meeting to be held on March 2, 1990 at the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California, at the hour of 9:00 a,m. or as soon thereafter as he may be heard and show cause, if any he has, why said building should not be condemned as a public nuisance and said nuisance be abated by the City of San Bernardino by repairing, rehabilitation or demolishing and removing same and charging the costs thereof to the owner as provided in the San Bernardino Municipal Code, Title 15. The sum of costs incurred to date and the alleged defects of the building are set forth in "Exhibit A" attached hereto and incorporated herein by reference. Clerk of the Board of Building Commissioners City of San Bernardino. California city of San Bernardino Departmc.,t of Planning & Building SE:>... vices Code Enforcement Division INTEROFFICE MEMORANDUM 9003-2901 '1 Q.. \\ TO: Don H. Hesterley, Code compliance Supervisor FROM: Debra Daniel, Code Compliance Officer SUBJECT: 3251 N. DEL ROSA AVENUE - REPORT/PROJECT NO. 3028 DATE: March 12, 1990 COPIES: John Cole, Council Office; File ------------------------------------------------------------- In reference to the address stated above, please see list of the chain of events that took place to gain compliance of the debris remaining from demolition of the structure: 10/13/88 - Contacted Mr. Pearson in regards to structure being open and vacant he stated plans were being submitted to construct new condos. He also stated construction will begin soon. 1/9/89 - Spoke to Mr. Pearson in reference to the open/vacant structure. He stated that he has tried to contact the local state college in regards to burning the structure as part of control fire training. I stated to Mr. Pearson since I spoke to him on 10/13/88 in regards to securing the building with no compliance. I could only allow him two (2) working days from 1/9/89 to secure fence from entrance to structure for health and safety reasons. 1/10/89 Inspection made with Dany Nolfo. Property had exten- sive fire damage which prevents property from being boarded and secured. After inspection of fence surrounding the property there was evidence of cuts in the fence which could not be secured to prevent entry. 1/10/89 - Mr. Don Hesterley spoke to Mr. Pearson in regards to the burning of the structure of the city fire department. Mr. Hesterley gave Mr. Pearson a time frame of the end of the week which will be 1/13/89. If no compliance the city will pursue demolition. 1/12/89 - Called Mr. Pearson in regards to demolition of the property with no answer left message on answering service. 2/7/89 - Spoke to Gary Quam the demolition contractor Mr. Pearson hired to handle demolition. He stated he would be in on 2/8/89 to pull demo permit. INTEROFFICE MEMO~NDUM: 3251 N. Del Rosa Avenue, March 12, 1990 Page 2 9003-2901 Report/Project No. 3028 2/21/89 - Spoke to Gary Quam in regards to demolition he stated that he tried to pull permit but workmans comp was needed and other requirements, (contractors license) he sent the paperwork to Mr. Pearson with no response. 2/21/89 - I contacted Mr. Pearson with no response left message in regards to the health and safety violation of building still standing in the condition it is in and the City would act in regards to demolition if compliance is not met. 2/23/89 - After several phone calls between myself and Pearson the demo permit was retained on 2/23/89 5/17/89 - Inspection made in regards to debris remaining on above referenced property after completion of demolition, a ten (lO) day notice was sent to Mr. Pearson by certified mail requesting completion of demolition i.e., removal of all debris, also grading of property. 5/22/89 - A letter was received from Mr. Pearson stating that debris would be removed within two (2) months from the date of correspondence. 8/28/89 - reinspect ion of above referenced property to verify that the property had been cleared of all debris from demoli- tion, still with no compliance. 8/29/89 - Code enforcement ordered a demolition contractor to complete demolition of property and remove all remaining debris, therefore, contractor costs were incurred. NOTE: Code Enforcement action was taken only after expiration of demolition permit, which was issued to Mr. Pearson for complete demolition of structures and clean-up of property (180 days, six months). Mr. Pearson had more than enough time to complete demolition and remove all debris prior to action taken by Code Enforce- ment Division. Debra L. Daniel Code Compliance Officer DLD/eg May 22, 1989 4f~ '30 :J--g/ 0, LtJ . "', " M J C, 1/ r 2 5 I~ "" ") 7)- 0(: J9o,!/ /.! 8(jllD/~~'" 8~ I.......J G ~ S. ~"'~ ~(:E7"~'tvo -.. City of San Bernardino Building and Safety Dept. 300 N. D Street San Bernardino, CA 92418 Attn: Mr. Mark O. Young Re: 3251 N. Del Rosa Dear Hr. Young: I am in receipt of your letter dated, May 17, 1989. I am aware of your requirements that all trash and debris must be removed from the lot and am currently working under City of San Bernardino (City) Department of Building & Safety Permit No.76772 for the demolition and removal of the site material. Previous correspondence with the City referenced a 8file" started on the site over 1 year prior to my purchase of the property, of which I was not aware. I was contacted last December and negotiated to have the structure burned down by either the Air Force or a fire fighting school in the area. This was "vetoed" by the City Fire Department. Due to extreme delays in the City's plan checking of this project (6 months for a single plan check), I have been unable to obtain financing and begin construction. In the meantime I have had to carry the financial abligation of the land purchase and have not been able to complete demolition and removal at one time. However, with the necessary cooperation-of the City's Building & Safety Department this project will be started within 2 months and subject removal will be completed. This 2 month time frame is within the 180 day time period stated in the referenced permit. Very truly yours, / /) ~/tl.t., ~ .......- / /..... L /t''- I.. .!.-C<. "- Darwin K. Pearson 1249 ~ W. Balboa Blvd. Newport Beach, CA 92661 CITY OF San Bernardino BUILDING. SAFETY DEPARTMENT MARK SUTTON DIRECTOR/BUILDING OFFICIAL May 17, 1989 Darwin K. Pearson 1249 1/2 W. Balboa Newport Beach, CA Blvd. 92661 RE: 3251 N. DEL ROSA Dear Mr. Pearson: On May l7, 1989, an inspection referenced property, which you are the following reasons: was made on the above the owner of record, for 1) Trash and debris remains on the lot where the demolition of a structure appears to have taken place. 2) All trash and debris must be removed from lot. Please be advised that if we do not receive properly substantiated information within ten (10) days, indicating a time frame when these violations can be corrected, we will not be reluctant to take whatever action is necessary to guarantee compliance with the ordinances through court proceedings. We would appreciate your cooperation in this matter. If you have any questions, please contact the undersigned at 384-5181 or 384-5205. o. MOY/mes JOO t>.oORrl-! 0 STREET SAN BERNARDINO C ..l. L I ;= 0 R r~ 'A. 9 2 4 1 8 0 0 0 1 7 1 . I 3 . . . 5 0 7 1 ~..... ,..'.'. '..-...... -""" ," .. 'f.<i.... -.. ~. ~. ..1. -:;;6" ~~...., , ""-,/f . ;:I17IiM" t,N '/ ., D " CITY OF San Bernardino IUILDING a 1.'ITY DIP.IITIIINT LARR Y E. REED D IRE C T D R November 8, 1989 Darwin Pearson 1249 1/2 W. Balboa Newport Beach, Ca st. 92661 Re: 3251 N. Del Rosa San Bernardino, CA Demolition APN #: 155 102 04 Report/Project No: 3028 This notice is property located California. hereby served at 3251 N. on Del you as Rosa owner(s) of the San Bernardino, The building(s) located on the above property was found open, vacant and an attractive nuisance, in violation of the San Bernardino Municipal Code Sections 15:28.010(A) (11), 15:28 (140A) and 15:28.150. An emergency abatement of the above property was necessary to protect the health and safety of the community, therefore the City boarded, secured and cleaned the property. The building has been posted against entry. In addition, a "Notice of Pendency of Administrative Proceedings against the above property has been filed with the county Recorder's Office. The costs incurred by the City to abate the property were ~lS, 400. no . This amount should be paid to the City within thirty (30) days of this notice or a lien will be placed on the above property. An appeal may be made to the Board of Building commissioners at the above address, within ten (10) days of this notice, and a hearing will be scheduled at the next regular meeting of the Board. The written appeal should include: (a) the specific action appealed from; (b) the specific grounds of appeal; and (c) the relief or action sought from the Board 300 NORTH D STREET SAN SERNARDINO. CA'..I~OFlNI,t. 924~Fl ClOOl 71.'3...527.. PRIDE .: ~"f P"OGR-c- c. ~. ,.J H t:~_ .... .,1f.. , -~ Abatement Demand Letter Page 2 If the abatement action and costs are not annuled by the Board of Building commissioners, then the city will lien the above property, unless the costs are paid within thirty (30) days of the hearing. Director/Building Official Department of Building & safety By: ~jJ .j111 fL..tJ. Code Compliance Offic~ Phone: (714) 384-5205 ~ity of San Bernardino Department of Building and Safety Code Enforcement Division Statement of Costs Project No. 3028 San Bernardino Municipal Code, Title 15 The undersigned respectfully submits the following statement of costs incurred by the city of San Bernardino in abating the public nuisance that existed on the property located at: 3251 N. Del Rosa Owner: Darwin K. Pearson Address: 1249 1/2 W. Balboa Blvd.. Newport Beach. CA 92661 Assessors No: 155 102 04 More particularly described as: Oranae Grove Tr Ftn Lot 1 Blk 22 Com at Intersection C/L Lemon Ave TH N 314.2 Ft to FOB Th E 440ft to E Li Sd Lot th N 196ft. Th 440ft Th S to POB EX W 61.25 FT 1.71 Acre Book 155 Page 10. ITEMIZATION Building and Safety Department Costs: Title Search Inspector's Time Secretary's Time Comp & Retirement Equipment certified Mailing Pictures Administrative Costs Costs from Previous Hearing Hearing Time Attorney's Costs Contractor's Costs $ $ $ $ $ $ $ 40% $ 4,400.00 -$ $ $ $11,000.00 TOTAL COSTS $15,400.00 SBMC: 15:28 Date: November 8. 1989 By: Code Compliance Officer Approved by: ~A)./~~ city of San Bernardino Departm.....t of Planning & Building. L'Vices Code Enforcement Division INTEROFFICE MEMORANDUM 9004-801 TO: Mayor, W.R. 'Bob' Holcomb FROM: Don H. Hesterley Code Compliance supervisor SUBJECT: ABATEMEH'l' OF 3251 H. DEL ROSA AVENUE DATE: April 4, 1990 COPIES: Larry E. Reed, Director of Planning & Building Services; File ------------------------------------------------------------- This memorandum is to clear up some misunderstandings and misstatements at the Council meeting of April 2, 1990. First of a~l, I did not issue the demolition permit for the property referenced above. It was issued by one of my staff and should have contained the file number and the notation that the permit was only good for sixty (60) days due to Code Enforcement action. Secondly, I did not ever tell Mr. Darwin Pearson that he had l80 days to do the demolition. My Code office~ issued the permit and as supervisor, I assumed the responsibility. Mr. Pearson made one false statement after another, in order to try and confuse the issue. He even obtained his permit under false pretenses. See the attached permit and letter. If you have any questions regarding this matter you can reach me at my extension 5257. JJ- j! Jkj~v Don H. Hesterley . Code Compliance Supervisor DHH/eg attachments .,r., .' (~._. CITY OF San l)ernardino BUILDING.. I"A,.TY D.PARTMENT MAR K I. S U T T O. N DIRECTOR/BUILOIIIIG OFFICIAL March 16, 1989 Mr. Darwin K. Pearson 1249 1/2 W. Balboa Blvd. Newport Beach, CA 92661 Dear-Sir: I received your letter of March 14,.1989. It is my feeling that some explanation or maybe clarification of the present situation ~s of the essence. (, We appreci~te the response we received in knocking tHe burned structures down and eliminating the haven for transi~nts and others. Ordinarily, when an individual pulls a demo permit, he has 180 days to complete the demolition. This would include hauling the debris and grading the lot for drainage. HmTever, once ~V'e create a file on a property and begin an action, that. allowable period is shortened to sixty (60) days. Mark Young I who is senior Code Officer and immediate field supervisor of our Code Officers, began this action arfi a file -, ,; was started. in ?1arch of 1987. This, was ,titf() nyear31 ago_ a~d,' . Mark has kept an eye._ on the proceed~ngs ~n regards to th~s ~.., _ _ , ' ~,- ::.'c=:...::.property.;.--.:::--It: _~aslnY oversight that, led'you too" bel' .ve :that,',- .-' ,< ',.-c~'~.' you' na4...1~o:aays-t:o'c;:omplet~the-.deino1iti.0l1.-.~,-~.'~.'': ~c,:"'.: ~_.;: ,_._'. ,__. ," , .~-...~-_.. -. ---, ..~-:~".-'~:". ._. ~..-:-.._,..,...~-,......::..-'- ;'~-:'.....::-: h_ ,...~ _~': Ms..,D,ini.els=.,~has beeri.-~acting on. the directives of her .. ::"::..immediate - supervisor' Mark Young ;.c . While ,. I --am- supe1i;seOlrd...-:-:.tOof:i~.:~~~-..=:-~.._~-~.__~ ~...:;~,: ,.. ...~/-:' the~ode..Enforcement. ~ Division, . . I. . usually" _,ieaveth~-. ,.- _ ' _;'=:.~::"c~-Mr. -Young-L'_:l~ 'am ~noth'attempting: to ,excuse "my part .:.ri~ this' e"T':"~'~ ~i:> '_-- ~-~_.._-....- .... .-... _... '--.~'''---' -..._-.. - .. . .---.... ..'. .. ..-. . - fl!!. -, . .-. "'_.~"'':c:''..-:1Datter;'''.'-~ I'atn:s1111ply saY1ng Ms.. Dan~el' I:s-operatlng accord1ng. - . to her direc~ion and is not making this a personal issue. I would appreciate your cooperation in completing the demoli- tion in' the shortest possible time. We are receiving complaints of children playing on the rubble and.I am sure . . . C". .....;., .'.-. 300 ..ORTH .0. STREET. SA" 8ERNAROI..O C A L I FOR" I A 9 2 .':4 8 . 0 0 0 I 7 1 . I 3 . . . S . 7 1 PRIDE -! ~.~ ..e, IN.PErJCRESS 11:\._-'1 AI ~"l~~....~...7!f 7' ~-~;':?Y ~.. ., , , P,.., ~:::f~::!~ Mr. Darwin K. Pearson March 16, 1989 Page 2 you can injured. have to bring this potential for I apologize for any encountered, but I would still solicit to a spe~dy conclusion. see the Again,. lawsuits, should a child be inconvenience you may your cooperation Sincerely, .fL-jJ.~ DON H. 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I...... not =fa:r~ III..,,,..,. - -0- ----...... 10.* Wortren'~... lloIo 2123/AG..::1 )' /1-.,..... X.) ,t'J~ ,,-r_ IfOTIC.n;_~~__on-..,.____ ",.., Ie 1M ........ a.... l ...... ., IN LMIIr CNI. ,. ".,., ,.,...... ~ _lit 1IICIt",."...., ....................,....-.. _~LIND_AGINCY ,., ~"t..~.:=:...",:=- ,~~~=- ,.,......-.... --......- . 'W- :-:.1 WndIr', ..... L..ftcW', Addr.- . . . 1__,__..Io_...__....~_Io_,1 \ -..--..-----JP-II..!""'~.-...-.. . =r~.....1!=~.,.-.-.~--: oj ~..-.. .,-. ........ - .. -.-...... ~~f.;..~"!". . _..._ . . V. . ... 25. -c. CIIy,-,- o #~'.' ~.. ~~~:dvn ~ . .' __~. .n DAft 2/23" ....-:,~ ..:. '''''''~.i).l-. .. ., CIIY___ -. 1111 .c ".' ., DlPAIITIlIUIT OF IUII.DINfI AND 8ARIY - 3OONordt -0- 5.,.. Sell lemanlno. CA 124" ,. " . Tel. 17141 -....eo71 ,/ occ. GAP. ' /' TRACT: LOT V~lE~ 'J.1'n/AQ Th~ ,. . bulIdIng pennit __ fNDI>>rl'I lllled our. ~ end wlldeted. MId " wbjet:t ID up/IetIon IfWOlt ~ ,...."ended frII' ,. dItp. un.... flInIIe. ._1t:t>>4 by ~ M:Iion& 7871 .7" . BUILDING: lYPE CONST. '1111 .. ,e 1 ........ ~ ~ .. I rl f ESTIMATED VALUATlO" ,.. I /,(../U /- 17 "--:-. ..r 1r.tV\ .M ELECTRICAL Permit F.. TOTAL FEE PLUMBING Permit Fee ...-- -- .--- ----- ----TOTALFE~ HEATING AND A.c. PEIIMIT PI.n Chit. Dep. PI.n Chk B.I. Building Mech.niCIIl Strong Motion Storm Dr.in Pertce a RlIC. Sewer Conn. Sewer C.p. Sig". Cultur.. D.C. Tr.fIIc School. TOTAL REMARKS: Permit Fee TOTAL FEE ACCOUNT _ oot~1n1 oo1~1n1 oo1~1330 oo1~1331 772.181.24591 248-OClO-41818 243-OOCH 1732 2~1822 Aft nn AMOUN1' 001-000-41332 oo1~133a 242~1803 Aft nn ZONE: J .;-Z1; r ...... KRACK ...~' .. .. - . , . ,. 1:.. FINAL DAlE . Front s.tb8CIt ~ C8nt8r Wile IlMr s.tb8cl F~ IlMr ProI*tY line S* StrMts..-. From c.nw LIne SIde s.dMcIl F_ Pro,.ny Wile . I . INSPECTClR . .. '.. k. . '; .... t. 'II . . . . .