HomeMy WebLinkAbout48-Planning
CITY OF SAN BERh.....RDINO~EQUEST
.. ..JR COUNCIL ACTION
Larry E. Reed, Director
I'rom:
Planning and Building Services
Subject: Appeal of Board of Building
Commissioners decision to
board up premises at 2926
Mira Monte Avenue--Carol
Williams. Ward 5
Dept:
March 29, 1990
Date:
Synopsis of Previous Council action:
None
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Recommended motion:
That the appeal be denied; that the finding of the
Board of Building Commissioners that the City incurred
costs of $1,595.30 for board up and abatement services,
at 2926 Mira Monte Avenue, be confirmed; and that a lien
in said amount be placed against the property and as a
personal obligation of the owner.
cc:
Marshall Julian, City Administrator
Jim Richardson, Deputy city Administrat
Patricia Zimmermann, Deputy City Attorney
Signature
Don H. Hesterley
Contact person: Phone:
Staff Report, Appeal, BBC Order
Supporting data attached: Ward:
384-5257
Ward # 5
FUNDING REQUIREMENTS:
Amount:
$1595.30
001-181-53156
Source: (Acct. No.)
(A t D t ) Board-ups & Demolitions
cc. escrip ion
Finance:
Council Notes:
rf'lTTNrII.'CA RE:QTTE:ST-22
Agenda Item NO.-13--
CITY OF SAN BERM'MRDINO - REQUEST FvR COUNCIL ACTION
BACKGROUND:
STAFF REPORT
The following is a chronological listing of events regarding the City's
abatement at 2926 Miramonte, up to and including the costs incurred by
the city.
1. 3/8/89
Code Enforcement received a
Department concerning an open
ing and a request to secure it
complaint from the Police
and vacant apartment build-
from unauthorized use.
be open and
by the pol-
The buildings were inspected and found to
vacant. The building was posted as requested
ice Department.
3. 4/19/89 Both a Notice of violation and citation for property main-
tenance and for open and vacant property were issued to
Greg Carr, the current owner.
2. 3/8/89
4. 4/19/89 The owner was notified by regular mail to secure the pro-
perty and clean up the property maintenance violations,
and an Notice Of Pendancy was placed on the property.
5. 8/2/89
The apartment building was boarded by the City's Code
Enforcement section using a private contractor.
6. 8/18/89 A demand letter for payment of board-up costs was sent to
the owner.
7. 8/24/89 A letter was sent to Mr. Carr notifying him of violations
still exist;ing.
8. 11/17/89 Notification of the upcoming BBC Hearing was sent to the
following interested parties: Roberts Plumbing, Leonard &
Carol Williams, and Gregory & Leslie Carr, by certified
Mail. The notice to Roberts Plumbing returned
undelivered, but the latter two parties named received
their notification on 11/20/89.
9. 12/1/89 The case went before the BBC as a part of Attachment "A"
on this date. Greg Carr was in the audience and had fil-
led out a Request to Speak form, although no letter of
appeal had been received in Code Enforcement. When the
Board inquired if he wished to protest the costs, he stat-
ed that he did, and so the Board passed a motion deferring
the case to the next meeting, February 2, 1990.
10. 1/19/90
11. 2/2/90
The same three interested parties were
certified mail of the February 2, 1990
three parties received their notices
1/24/90.
sent notice
BBC Hearing.
on 1/23/90
by
All
or
The BBC reviewed the
$1,595.30 to be liened
the interested parties
case and ordered the costs of
by city Clerk's office. None of
notified were present to testify.
COUNCIL: CA. STAFF-22
Page 1
75-0264
12. 3/22/90 After receiving a certified mailing of the BBC order, one
of the interested parties (with a large financial interest
in the property), Carol williams, requested a Council
hearing believing she may have to foreclose on the
property.
12. 3/30/90 The apartments were damaged by fire. The Fire Department
contacted the Director of Planning & Building services
after 5:00 p.m. on Thursday, March 30, 1990. Reboard-up
was ordered. A private contractor completed the reboard-
up on 3/31/90.
SUMMARY:
The owner is in litigation with Yeager Construction and/or Cal-Trans
over Route 30 Crosstown Freeway. This property has been vacant and
unattended for more than a year, with continued violations of Open and
vacant apartments and trash and debris.
STAFF RECOMMENDATION:
Staff recommends that the Council uphold the decision of the Board of
Building commissioners on February 2, 1990, to incur the costs of
$1,595.30 for the Code Enforcement action at 2926 Miramonte as a lien
against the property and a personal debt of the owner(s).
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Prepared by: Don Hesterley
Code Compliance supervisor
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Approv by: Larry E. Reed, Director
Department of Planning and Building Services
LER/DHH:nhm
Attachments:
A - Appeal letter
B - BBC Order
BBC Minutes of 12/1/89
BBC Agenda backup
C - Related Code Enforcement backup
COUNCIL: CA. STAFF-22 Page 2
,
2720 ALTAMIRA CIRCLE
WEST COVINA, CALIF. 91792
(818) 965-6404
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RE: REPORT/PROJECT NO. 954
2926 MIRAMONTE, APN# 148 302 39
ed
I RECEIVED A REGISTER LETTER DATED FE~RUARY 28TH WHICH
STATED I HAD 15 DAYS WITHIN WHICH TO REPLY. HOWEVER, THE
CERTIFIED MAIL RECEIPT WAS DATED MARCH 9TH. I WAS AWAY
AND DID NOT GET THE NOTICE UNTIL THE 12TH OF MARCH. EVEN
GOING BY THE CERTIFIED LETTER DATE RECEIPT, I WOULD HAVE
UNTIL MARCH 24TH TO REPLY.
4
5
IS
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I WOULD REQUEST TO SPEAK AT THE APRIL COUNCIL MEETING IN
REGARD TO THIS PROPERTY AS I HAVE A VERY LARGE FINANCIAL
INTEREST. I WOULD REQUEST THE COUNCIL'S ASSISTANCE IN
GETTING MR. CARR TO REHABILITATE THE PROPERTY AS HE INFORMED
COUNCIL HE WOULD DO AT THE DECEMBER MEETING I ATTENDED OR
POSSIBLY POST A BOND TO SHOW HIS INTENTION TO DO SO.
10
11
IN THE EVENT THAT I AM FORCED TO TAKE THE PROPERTY BACK
12 THROUGH FORECLOSURE, I WOULD ASK THE COUNCIL TO SEEK
REIMBURSEMENT ON THE FEES LEVIED AS HE WAS THE OWNER AT THE
13 TIME AND THE PROPERTY WAS HIS RESPONSIBILITY.
14
15
16
17
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THE PROPERTY IS CURRENTLY AN EYESORE AND A PUBLIC NUISANCE
AND IS NOT GENERATING ANY INCOME FOR THE CITY. IT WOULD BE
IN THE BEST INTEREST OF THE CITY TO TRY TO EXPEDITE THE
REHABILITATION OF THIS PROPERTY. IT HAS BEEN VACANT FOR
OVER SEVEN MONTHS AND THE CONSTRUCTION BY THE FREEWAY
PROJECT HAS SINCE CEASED IN THAT AREA SO THERE IS NOTHING TO
IMPEDE COMMENCEMENT OF REHABILITATION.
SINCERELY,
19
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CAROL WILLI AMS
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BOARD OF BU1LlJ1NG LvM~1jSSIUNcKS
ORDER NO. 1347 REPORT NO.954
ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN
BERNARDINO AUTHORIZING TIlE ABATEMENT OF A PUBLIC NUISANCE.
WHEREAS. pursuant to the San Bernardino Municipal Code, Title 15.
Chapter 15.2B. the Building Official has posted a bui1ding(s) located at
2926 Miramonte . San Bernardino. California. and has
notified person(s) having an interest in the above property that the bui1d-
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 Bunding COlIIl1issioners 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. obj,ections or protests on February 2.
. 19....2Q.... and
. "'..'
WHEREAS. the Board of Building Commissioners heard the testimony and
examined the evidence offered by the parties relative to the alleged public
nuisance.
NOW. THEREFORE. IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Based upon the evidence submitted, it was found and
determined that the building(s) and/or premises located at 2926 Miramonte
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 evidence submitted, it was determined that
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City of San Bernardino was required to initiate abatement actions; that the
City incurred costs in the sum of S 1595.30
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property; i
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to abate the above
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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 February 28, 1990 , appeal to the Common Council by filing with
the City Clerk a written statement or the order ~ppealed from the specific
grounds of appeal and the relief or action sought from the Common Council.
I HEREBY CERTIFY that the foregoing order was duly adopted by the Board
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of Building Commissioners of the City of San Bernardino at a reqular
meeti ng thereof, hel d on the 2nd day of February
following vote, to wit:
, 1990 , by the
AYES: Commissioners Pollock, Hunt, Gonzales, Pensiero, Westwood,
Lord
NAYS: None
ABSENT: Mi 11 er, Flores, Ponder
The foregoing order is
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CLERK, BOARD OF BUILDING COMMISSIONERS
1990 .
CHAIRMAN, BOARD OF BUILDING COMMISSIONER
Approved as to form and legal content:
JAMES F. PENMAN, City Attorney
PiL~~ --
By: ~ ~,'lf{/ _~0~k/ -
2
ITEM NO. 16:
244 E. King street
CASE NO. 89-3444
PRESENTED BY: Mark Young
Mark O. Young presented photographs and background information for the
Board's review.
Staff's recommendation was to adopt an order that the owner(s) keep the
premises free of debris, trash, and graffiti 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:
$
25.00
commissioner Miller asked if there was anyone present to
behalf of the subject property. There being no one
Commissioners briefly discussed subject property.
testify on
to testify,
commissioner Pollock made a motion, seconded by commissioner Pensiero,
to adopt Staff's recommendation.
Roll call" was taken with the motion being unanimously carried.
Motion carried.
ITEM NO. 17:
planning' Building Dept.-Attachment "A"
Mr. Hesterley noted that the list of parcels in Attachment "A" are
those property abatements not being protested.
He then noted that two parties had filled out "Request to Speak" forms:
Greg carr, regarding 2926 Miramonte
Mike Vezinaw, regarding 385 Monterey
No protest letter had been received prior to the Board hearing, and
that is why these two cases were included in Attachment "A". Chairman
Miller inquired of each of these two parties if they wished to protest
the costs.
Greg Carr testified that he did. He stated this is a seven unit
apartment which they were trying to rehabilitate and have had problems
secondary to the freeway reconstruction and problems with the D.O.T. He
stated that compliance has been virtually impossible due to work being
done on the freeway. He stated, in response to an inquiry from
Commissioner Ponder, that he intends to maintain the property in spite
of the difficulties caused by the D.O.T. construction.
Pat zimmermann stated there was a notice of pendency on the building
which cannot be released until costs have been paid.
Commissioner Pensiero made a motion, seconded by Commissioner Hunt, to
defer this case to the next Board of Building Commissioner's Meeting in
February, 1990.
BBCMINUTES12/89
Page 9
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BOARD OF BUILDING COMMISSIONERS
NUISANCE ABATEKENT HEARING
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PUBLIC HEARING:
Property Abatement Assessments for Parcel{s)/Owner(s) listed in
Attachment "A".
BACKGROUND:
All owners of parcel(s) listed in Attachment "A" were given ten
(10) day notice to abate the nuisance on their property and
failed to do so. Therefore, the City was required to abate the
nuisances on the listed parcels and incurred the costs of that
abatement. All owners of the parcels were notified of the costs
of the abatement and the scheduled public hearing before the
BBC.
'.
STAFP RECOMMENDATION:
The costs listed in Attachment "A" for the abatement of the
pUblic nuisances, for the corresponding parcels, be assessed
against the owners' of the parcels as a lien on the properties
or a personal obligation.
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INSTRUCTION:BBC.NUIS.ABATE
01/22/90
It 'D\\ I
BBC.AJ.J.A'-"".l"l;:!J.
11/14/89
paqe 1
DEPARTMENT OJ' BUILDING AlfI) SAFETY
lftJISlUfCE ABATEJlENT - ATTACJDCENT "A"
DATE February 2. 1990
THE FOLLOWING PARCELS ARE HEREBY REFERRED TO THE BOARD OF BUILDING
COMMISSIONERS TO INCUR COSTS AS A LIEN ON THE PROPERTY:
ADDRESS
APN . COST
APN# 143 201 01 $1763.80
APN# 145 162 30 $8804.40
APN# 148 302 39 $1595.30
1890 W. 13th Street
1432 - 1446 North G St.
2926 Miramonte
INSTRUCTION:BBC.ATTACHA.MST
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REPORT
NO. tiSY
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 substandard 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 abatement of the struoture(s) and/or
premises; and/or an or er to vacate the premises.
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- All such substandard b ~ldings 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.
$ lS'fr.1/)
OWNERC~!"'AM'I J/'-SI.;1 t'.#MLOCATION 2'2' NlI411",."r, PIl.
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ADDRESS 11(Jt:J C. .'1) ~ ASSESSOR'S NO. 11/1-'02.. 3'
CITY_t.l..r8~ . tA TYPE/BLDG ,.,r ~o",.tJl'll
,
VIOLATION ~" J UIIL./fIlfl1" ~.IJ.IJ.
DATE PREPARED II- ~,
TOTAL COSTS INCURRED TO DATE:
PHONE NO.
DATE
ITEM
OF INSPECTION1"'!l-
1/-,..,
NO. SUBSTAND RD HOUSING
SECTION 1001
IInadeauate Sanitationl- UHC CH. 10
1. Lack of or improper water closet, lavatory, bathtub or
shower in dwelling.
2. Lack of or improper kitchen sink or drainboard in dwell-
ing.
3. Lack of hot and cold running water in dwelling.
4. Lack of adequate heating facilities.
5. Lack of or improper operation of required ventilating
equipment.
6. Lack of minimum amounts of natural light and ventila-
tion.
7. Room and space dimensions less than required by code.
8. Lack of required electrical lighting.
9. Dampness of habitable room.
10. Infestation of insects, vermin or rodents.
11. --General dilapidation or improper maintenance.
12. Lack of connection to required sewage disposal system.
13. Lack of maintenance of septic system.
14. Lack of adequate garbage and rubbish storage and removal
facilities.
15. Inadequate housekeeping - trash, garbage, etc.
STRU~_JRAL HAZARDS (UBC)
Open and vacant.
Fire damaged structure.
Broken doors and windows.
Illegal addition (bootleg)
Inadequate weather protection (roof leaks, etc.)
Inadequate foundation.
Sagging floors.
Inadequate rat-proofing.
Chimney structure unsound.
Termite damage.
Structural integrity questionable.-.
PLUMBING CUPC}
Water heater illegally installed in bath or bedroom.
Water heater has no T & P valve or seismic tie downs.
Leaking/broken/plugged sewer drains.
Leaking and/or broken pipes.
Cross connected plumbing.
Yard sprinklers must have vacuumn breaks.
MECHANICAL (UMC)
Illegal gas heater or appliance.
Improperly vented water heater.
Inadequate or missing gas shut off valve.
Combustibles stored too near heating appliances.
, ELECTRICAL (NEC)
Overfusing - branch circuits not to exceed 15 amps for
lights and 20 amps for receptacles.
Missing electrical covers or fixtures.
Inadequate outlets.
Electrical service entrance is inadequate.
Hazardous or illegal wiring.
GENERAL (SBMC)
Pools - stagnant water
inadequate gate
Not to be occupied until corrections are made.
Certificate of Occupancy required.
Improper Occupancy.
Nuisance
Possible Fire Hazard.
Smoke Detectors Required.
~~:~~:.i~~;U~1l buildings .and/o~partmel1:4
~~"~~~:,~~~
All Codes are adopted by and are a part of the San
Bernardino Municipal Code (SBMC 15.04.020).
INSPECTION REPORT WAS GIVEN TO:
XX A property owner
B manager
C tenant
D by hand delivery
E regular mail
F certified mail
/2.
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VI' 5.
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7.
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THIS
on
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XX
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REPORT NO. 954
inadequate fence
November 17
19~
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INSPE OR SIGNATURE
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JEPARTMENT OF BUILDING AND SAf
COOE ENFORCEMENT OIVISIO'
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PROJECT NO 954
. STATEMENT OF COSTS
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: 2926 Miramonte Drive
Owner: Greg & Leslie Carr
Address: 1800 E. Old Ranch Road, Colton. CA
Assessors No: 148-302-39
More particularly described as: Tract 6446 lot 2 and 3 ex atn to state hiahwav
on doc recorded
ITEMIZATION
Building and Safety Department Costs:
Title Search
Inspector's Time
Secretary's Time
Comp & Ret\rement
Equipment
Certi fi ed Ma Hi ng
Pictures
Costs from Previous Hearing
Hearing Time
Attorney's Costs
Contractors's Costs
S
2 x S16/hr S
2 x S13/hr S
25% S
lOx SOt S
3x$2x2S
15x $1 $
$
$
$
$
$
$
$
SUB TOTAL
Administrative Costs
40%
TOTAL COSTS
SBMC: 15.2B
Date: N~17. 1989
By: ~J." /1>-
Code Camp ante o'f/,c"!7 ~
Approved by:
25.00
32.00
26.00
14.50
5.00
12.00
15.00
50.00
40.00
920.00
1139.50
455.80
1595.30
Rev. 10/88
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CITY OF SAN BERNARDINO
PL" ,ING & BUILDING SERVICES DEPART 1'1
DECLARATION OF POSTING
AND SERVICE OF BOARDS'ORDER
REPORT/PROJECT NO. 954
I, the undersigned, say:
That at all times herein mentioned, I was and now am a duly authorized Building Inspector/
Code Compliance Officer of the Building and Safety Department of the City of San Bernardino,
State of California, that pursuant to San Bernardino Municipal Code, Title 15 of the City of
San Bernardino, I deposited in a United States Post Office mail box in the City of San
Bernardino, in a sealed envelope, postage prepaid, certified mail, return receipt requested,
an Order of the Board of Building Commissioners of the City of San Bernardino declaring a
building located at 2926 Miramonte , to be unsafe and public nuisance, and ordering
the abatement of the said nuisance, which Order was sent to each of the following named
persons at their respective addresses:
NAME
ADDRESS
1800 E. Old Ranch Rd. Colton CA 92324
Greaorv & Leslie Carr
I ponard L. & Carol Will iams
2720 A1tamira Circle, West Covina, CA 91792
Roberts P1umbinQ'
P.O. Box 992, Highland, CA 92346
That also pursuant to San Bernardino Municipal Code, Title 15. I posted a copy of the
aforesaid Order on the front of the building located at 2926 Miramonte
on the 28th day of February , 19 90 . San Bernardino, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 28th day of February
Director/Building Official
Department of Building and Safety
. 19 90 . San Bernardino, Ca1 ifornia.
by~~k-/t~
Building nspector/Code amp lance Officer
8/89
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crr;~' OF. S-AN.~ BERN ARD IN 0 300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 9241B
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August 24, 1989
Re: 2926 Miramonte
San Bernardino, CA
APN 148 302 39
Code Violations still present
Greg Carr
22797 Barton Road, Suite 120
Grand Terrace, CA 92324
Dear Sir:
Thi s 1 etter:, is to recap the events to the above referenced property. On
March 8, 1989, a ten (10) day notice was sent to you in regards to Health
and Safety Violations. In this Notice of Violation inspection report was
a list of problem areas.
1. Open and vacant, apartment #7 and #5.
2. Swimming pool unsafe and not maintained. Green and infested with
insects.
3. Inadequate housekeeping, trash, garbage, etc.
4. Guard rails missing and or broken.
5. General dilapidation or improper maintenance.
On April 4, 1989 another unit inspection report was mailed to the owner.
At this time code violations were still present a Notice of Administrative
Proceedings was sent to the County Recorder's Office, Document 89-145853.
On July 18, 1989, another inspection was made and sent to the owner. Still
code violations were present. On July 19, 1989 Mr. Greg Carr was cited.
The violations present on July 19, 1989 were:
1. Dangerous building, open and vacant apartment 1 and 4, San Bernardino
Municipal Code 15.28.140.
2. Business license required, 5.04.005.
3. Fence required around the pool (green), holes in the fence, 15.48.030.
4. Improper and general dilapidation of property.
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Greg Carr
August 24, 1989
Page 2
Violations still present are:
1. Guard rails missing and or broken. Tenants still in apartments.
2. Holes in carports, plaster missing.
3. Property nuisance.
Please correct the above mentioned Health and Safety Violations to pre-
vent more costs being incurred on the property.
If you have any questions regarding this letter, feel free to call the
undersigned.
~;P /?d(r
Dany R. Nolfo
Code Compliance Officer
Phone: 714/384 5205
,
cc: Pat Zimmerman, Deputy City Attorney
Don Hester1ey, Code Compliance Supervisor
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C I T Y
San Bernardino
BUILDING. SAFETY DEPARTMENT
LARRY E
o IRE C T 0 A
R E E D
August 1& 1989
,
Greg Carr
22797 Barton Rd, suite 120
Grand Terrace, CA 92324
Re: 2926 Miramonte, Apt 7
San Bernardino, CA
Open & vacant apt
APN #: 148 302 39
Report/Project No: 954
This notice is
property located
California.
hereby se~ed on you as owner(s) of the
at 2926 Miramonte. Ant 7 , 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
$1288.00 This amount should be paid to the City wi thin
thirty (30) days of this notice or a lien will be placed on
the above property.
300 NORTH 0 STREET SAN BERNARDINO
CALIFORNIA 924:8-0001 71413'4.5274
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Abatement Demand Letter
Page 2
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: .
(al the specific action appealed from;
(b) the specific grounds of appeal; and
(c) the relief or action sought from the Board
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: COdfba~~ t!4~
Phone: (714) 384-5205