Loading...
HomeMy WebLinkAbout43-Planning CITY OF SAN BERtmRDINO ~ REQUEST P",R COUNCIL ACTION Larry E. Reed, Director Subject: Appeal of BBC finding and and BBC action of April 6, 1990, by Margaret Buckner, Re: 1642 E. Echo Dr. ,m: Planning and Building ~ervices Dept: April 25, 1990 Date: Synopsis of Previous Council action: None Recommended motion: That The Board of Building Commissioners' finding of April 6, 1990, that the City had incurred costs of $268.80 for the abatement actions at 1642 E. Echo Drive, and the BBC Order to demolish the buildings and incur the costs of the City's abatement as a lien against the property and a personal obligation of the owner(s) be upheld. cc, 4 Marshall JUlian, City Administrator Jim Richardson, Deputy City Administra~nr patricia Zimmermann, Deputy City Attorney ~~ Signature 384-5181 Mark o. Young Contact person: Phone: Staff Report, Appeal, BBC Order Supporting data attached: Ward: Ward # 4 FUNDING REQUIREMENTS: Amount: $ 268.80 001-181-53156 Source: (Acct. No.) (Acct. DescriPtion) Board-ups & Demolitions Finance: \..UNJ .P ouncil Notes: C'nTTNC'TT.. C'Z> ~'I<'QTT'I<'C:T-16 Agenda Item NO.~ .3 75-0262 CITY OF SAN BERhRDINO - REQUEST F\JR COUNCIL ACTION , STAFF REPORT BACKGROUND: 1. 6/28/76 A Code Compliance Officer inspected the property and found it to be full of trash and debris. An Order to Show Cause was sent to the attorney's office. 2. 5/17/89 The property was inpsected due to complaints. to be full of weeds, trash and debris, with housing. A Notice of violation was issued to and mailed to the owner. It was found substandard the resident 3. 5/24/89 A unit Inspection was done and junk cars were found in the yard. A copy of the unit Inspection report was sent to the owner by regular mail. Letters were sent to the utility companies to remove utilities from the property. 4. 6/2/89 A Notice of Pendency was recorded. 5. 10/12/89 A property profile was obtained, showing Thelma B. Brinkley as the owner of record. 6. 11/17/89 certified mailings were sent to notify interested parties: william Brinkley, Thelma Brinkley, Margaret Buckner, Bank of California and shirley Bumpus that the case was to be heard at the December 1, 1989 Board of Building Commissioners Meeting. The first three noted mailings were were received by the addressees; and Shirley Bumpus' mailing returned. 7. 12/1/89 The BBC issued an order to adopt staff's recommendation to demolish the building(s) on the property. 8. 1/31/90 The BBC parties. received. Order All, was mailed to all the same interested except, Shirley Bumpus were signed for as 9. 3/23/90 Telephone contact was made by Tom Jeannotte, followed by a letter of appeal. He stated that he was in escrow on the property and, as new owner, he wished to appeal the matter to the BBC. He wanted permission to rehabilitate or demolish the property himself, thus saving City time and cost. His case was placed on the BBC Agenda for April 6, 1990. 10. 4/6/90 The Board again ordered to adopt staff's recommendation to demolish the structures. 11. 4/24/90 A letter of appeal to Council was received from Lawrence Hutton, Attorney for the heirs to the property, as Thelma Brinkley is dead. COUNCIL:CA.STAFF-26 Page 1 75-0264 12. 4/27/90 A letter of appeal to council was received from Tom Jeannotte. who is still in escrow on the property. It was discussed with city Clerk's office that Mr. Jeannotte still has no standing, and the appeal is being done to council in response to the appeal of the heirs of Thelma ,. Brinkley through their attorney. ., .. _. STAFF RECOMMENDATION: -. The current zoning on this property is RS. This property has been a problem for a long time. The structures are unsafe, and the case has been heard before the BBC twice, both times with the same order being adopted by the Board. Mr. Jeannotte was given the courtesy of being allowed an appeal to the BBC, however, he actually has no standing. ~ ~ . staff's recommendation is to uphold the Board of Building commissioners finding that costs have been incurred of $268.80 for the abatement actions at 1642 East Echo Drive, and their order to demolish the buildings and incur the costs of the city's abatement as a lien against the property and a personal obligation of the owner(s). ; . . COUNCIL: CA. STAFF-26 Page 2 4- 2.0'- 70 Rcpof(/- 1"033 fb B(.I/jlh~ c; i ..-,.r-' -- 5.~'~C:~ ;\.1 . ~ ,- "- I - It?-etp" - .~9 :ro wouLO tik (: To If /1'~A1~ The.. !3-IJ-C- , CO(JNCli lJec:1 S'O III ON 198t9k""~",;- /'~dcepiN~' FoR. f ~o f~'1 Ci7 o;c S-f/IJ Lo C/9IeO If. T /6 ~2 s: G),~ PA:. ..... J3 ~~;v #1'( PI /lJQ I ow /714 1319$ /S 7h19-1 whrr./v CdvA)clI vo"7;p/ I L -rh 0 m~'5 ~/9-IJJJo 7T~) '-'vd'S UA" t?.e~ / hc.fl iltlrJ I'~e;s /~IAJ --rh/( we,e~ I/oT~ ~ ON -/h~ ? r?O /,OSel/ IPlJlP'/;.;HflUtlr "7i"fr Sc.h~ ~41L~ /'J.~/ - a -___~ --- ).. MO r~Su",14 y c) /n_ i)eJ/luvC I~e --- , 1#e.~/,;v .. Vh,.9lVk ,7" 0 <<, I .( yo U /< / -- 4,- O~~.-)/ V \'j'1;c /111/-5 - J:::/P NlvO 11<:::. fJ.. 95'7 f?/f-~K ;f-oe o Iff.} Befi"v!l-f.t/IA;O { c# q2.!.fo I( - CCNS ",p.~A1/'t:I/ ~.h-. /#~ ~~ An.t/ - Y?,;2-d/t1S- p./~ - 3?.3 - i/;Z6r 7.50-1" ,;u9'Ha/ ~~' ~ h~u.y ~ :da~ ~ ~,6 c:-/ ~c,;:"t:G~ ~a~ . ,:/ucti_> ~ t?,a...:j c; /9.9c /' / i .0- / / .w~ 4 ~/,<d ~/~p?""" ~~() ~ . _ ,1;" _, z__.. ~~ ~.IJ:J-L.. /,1(Au_ +-t"'___/I"Af'UIUe:/ ____ ~-~. ~~~ -0/ HUTTon ~nD TOKHltl LAW BUILDING 655 NORT.... LA CADENA DRIVt: L.AWRt:NCIE. A. HUTTON MICHAEL .J. TORCHIA ~Er:''','~' " I::' MAILING ADDRESS: BOX 44 '90 A-'-' 24 P? :n3 COLTon, CflLlfORnlfl 9232~ TI!!:LEPHONE (7104) 825-3."'3 April 24, 1990 Shauna Clark San Bernardino City Clerk 300 N. "D" Street San Bernardino, CA 92418 Re: Project No. 1833 1642 E. Echo Drive, San Bernardino, CA (Lots 5 & 6 Lying No. of Echo Drive) Owner: Thelma B. Brinkley Dear Ms. Clark: On behalf of Margaret Agnew Buckner, 1068 Hancock, San Ber- nardino, California 92411, an heir in the Estate of Thelma Brinkley, deceased, we hereby appeal the decision of the Board of Building Commissioners dated April 6, 1990 and request a hearing before the Mayor and Common Council on the merits of this matter. Attached hereto, and made a part of this appeal, is a copy of a letter dated April 6, 1990 to the Department of Building and Safety which sets forth the position of the appellant in this matter. It is respectfully requested that the Mayor and Common Council reconsider the action of said Board to raze the structure on the premises and instead thereof to permit appellant to rehabilitate the premis2s on the conditions set forth in said letter and such additional conditions as the Mayor and Common Council shall impose. All notices and correspondence in this matter may be sent to the undersigned as the representative of Margaret Agnew Buckner. Yours very truly, 2L/~g~ ~ H UTTOn ~ n D TOD.CH I~ ( LAW BUILOING 655 ...CR'T~ LA CAOENA O'UVE. LAWRENCE A. HUTTON MICHAEL .J. TORe"'I" ....AILING ADDRESS. eox... COLTon, CflLlfORnlfl 92324 T~L.E:P0040"'[, 171.' eZ5-,....3 Apr il 6, 1990 Department of Building and Safety 300 North "D" Street San Bernardino, CA 92418 RE: Project No. 1833 1642 E. Echo Drive, San Bernardino, CA (Lots 5 , 6 Lying No. of Echo Drive Owner: Thelma B. Brinkley' Gentlemen: The owner of the above described property has passed away and her estate is in probate. We represent one of the heirs and a person interested in purchasing the subject property who is willing to perform the necessary work and furnish the material to bring the structure on this property to code. To accomplish this, she will first have to purchase the property from the estate. It appears as though we can do this but before so buying the property, we would like to know whether the demolition of the building can be stayed pending determination of her buying the property. It is anticipated that she would have an answer to her purchase within six weeks to two IIIOnths. If she can purchase, she would be willing to sign any documentation necessary to refurbish the property to the City' s standards. Your prompt response to this message will be sincerely appreciated. Yours very truly, HUTTON AND TORCHIA By: Lawrence A. Hutton LAB/de cc: Margaret Agnew ,Buckner John Agnew "\ 1 2 3 ,OARD OF BUILDING COMMISSI' lRB ORDER NO. 1370 REPORT NO. 1833 4 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ABATEMENT OF A PUBLIC NUISANCE. WHEREAS, pursuant to the San Bernardino Municipal code, Titl. 15, Chapter 15.28, the Buildinq Official has posted a buildinq(s) 5 6 located at 1642 Echo Drive , San Bernardino, California, and 7 has notified person (5) havinq an interest in the above property that the buildinq(s) or premises constitutes' a public nuisance: WHEREAS, pursuant to San Bernardino Municipal Code, the ~uildinq Official has served a "Notice of Hearinq Before the Board of Buildinq Commissioners of the City of San Bernardino, relatinq to abatement of said nuisance, to the.person(s) havinq an interest in the above property, and has prepared a declaration of mailinq of the notice, a copy of which is on file in these proceedinqs: 8 9 10 11 12 13 14 15, and 16 WHEREAS, a hearinq was held to receive and consider all relevant evidence, objections or protests on April 6 19j!L: and WHEREAS, the Board of Buildinq Commissioners heard the , 17 18 19 20 \ testimony and examined the evidence offered by the parties " relative to the alleqed public nuisance, 21 22 23 NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 24 . ::u SECTION 1. Based upon the evidence submitte43 i~was found " m and determined that the buildinq(s) and/or premi~s l~cated at ...0. -~ 1642 Echo Drive , San Bernardino, Californiar::; co~stituted a 25 26 27 -0 .--.: N ~ N --'1 -1- V1 .'0 28 11 12 13 14 1 2 ~OARD OP BUILDING COMMISSIONERS ORDER NO. 1370 REPORT NO. 1833 3 public nuisance for the reasons set forth in Exhibit "A", attached hereto and inco~orated herein by reference as though fully set forth at length as findings of fact of the Board. SECTION 2. Based upon the evidence submitted, it was deter- mined that the city of San Bernardino was required to initiate abatement actionsJ that the City incurred costs in the sum of 4 5 6 7 8 9 $ 268.80 to abate the above propertYJ and that these costs and any future costs to the city to abate the above property snall be the personal obligation of the owner(s) as well as a 10 lien on the above property. SECTION 3. The owner(s) shall obtain a Demolition Permit and DEMOLISH THE BUILDING(S) located at 1642 Echo Drive , 1~ 15 , of a copy of this order on the above property. If the building(s) San Bernardino, California within sixty (60) days from the posting 17 20 21 22 23 24 2S 26 27 28 is not demolished within the prescribed period of time, the build- 18 19 ing(s) will be demolished by the City and the costs shall be the personal obligation of the owner(s) as well as a lien on the above property. \ " SECTION 4. Any person aggrieved by this order may, within fifteen (15) days after Aoril 10. '1990 , appeal to the Common Council by filing with the City Clerk a written statement of the order appealed from the specific grounds of appeal and the relief or action sought from the Common Council. -2- 10 11 12 13 14 l' 16 ' 17 18 19 20 21 22 23 24 ~ 26 27 28 1 2 3 dOARD OF BUILDING COMMISSII.. .::RS ORDER NO. 1370 REPORT NO. 1833 4 1: HEREBY .::;..:RT1:FY that the foregoing order was duly adopted by the Board of Building commissioners of The city of San Bernardino meeting thereof, held on the 6th day of. , 19~, by the following vote, to wit: commissioners Warren Miller. Herb Pollock. Dan Westwood. , 6 at a reQular 7 April 8 9 AYES: NAYS: ABSTAIN: Wi 11 i am Ponder ABSENT: Manuel Flores rh U~ '1-; CLERK, BOARD OF SSIONERS The foregoing order is hereby approved this ~ day of A ril 19~. Approved as to form and legal content: JAMES F. PENMAN CITY ATTORNEY ~' i!J - BY: ~ /U /!(fO.<[ UA_.f_____ CE:103 -3- ---- JEPARTMENT OF BUILDING AND SAFEl COOE ENFORCEMENT DIVISION STATEMENT OF COSTS SAN BERNARDINO MUNICIPAL CODE. TITLE 15 PROJECT NO 1833 The undersigned respectful~r 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: 1642 East Echo Drive Owner: Thelma B. Brinkley Address: 1642 E. Echo Drive Assessors ~o: 155 261 26 More particularly described as: Lots 5 & 6 Ivino no of Echo Drive r7':::mAT~ON Building and Safety Depar~~ent Costs: Title Search Inspector's 7i;ne Secretary's 7ime Comp & ~etire;nent Equi pment Certified ~ailing Pictures Costs from ?revious Hearing Heari ng Time Attorney's Costs Contractors's Costs S 2 x Sl6/hr S 2 x Sl3/hr 5 25'; 5 lOx 50e: 5 2 x 32 x 2 3 6 x 51 S 5 SUB 70TAL Administrative Costs ~O: TOT-,L COSTS 15.28 25.00 32.00 26.00 5.00 8.00 6.00 3 50.00 40.00 s s S 192.00 S 76.80 S 268.80 Rev. 10/88 (;.l.',j,'t U~ :.I>J; D.c."-"J\lW.l.I'l' u. ...aTMEN'l' OF BUILDING AN~ loA. n 300 North "D" Stree, SAN BERNARDINO, CA 92418 EXHIBIT "A" An inspection va. made ot the belov mentioned structure(s) and/or premises, . and suJ:)st:..ndard conditions which shall include but not be limited to the tOllovinq, were observed. _ The owner(s) and all interested parties, as indicated on the Title Report, were sent a certitied mailinq ot these conditions. _ The recollllllendation is tor abatement ot the structure(s) and/or premises; and/or an order to vacate the premises. _ All such suJ:)standard buildinqs or premises are hereby declared to be public nuisances and such nuisances shall be abated by the repair, removal or demolition ot such unsate buildinqs by the proper procedure. Permits are required prior to startinq repair or demo- lition 'work. TOTAL COSTS INCURRED TO DATE: OWNERJ~\lb: ADDRESS - I.... 0 ....t C:':',{~<;A.... \<'t"',^~.J'..l:""D C"" Cf"aoq PHC:IE NO. V DA':'~; OF INSPECTION 5-17. 'a " IT!~ NO. l. 2 . ../ 3. 4. V 5. 6. ./ 7. " 8. 9. 3 10. ll. 12. 13. 14. V 15. $ 01' go. ~O LOCATIoN Je, 41. E to. "'-0 1)". ASSESSoR'S NO. /55- ~~ - :2(" TYPE/BLOG .s FRo. VIoLATION U'^ ..."':_ \-"-:~I 1. ~.h.vc. +Vl"'t"c, DATE PREPARED...l.L::.lij. - ~i SUBSTANDARD HOUSING (Inadeauate Sani~ationl- UHC eM. -10 S~CTION 1001 Lack ot or improper water closet, lavatory, bathtub or shower in dwellinq. Lack ot or improper kitchen sink or drainboard in dwell- inq. Lack ot hot and cold runninq water in dwellinq. ,Lack ot adequate heatinq tacilities. Lack ot or improper operation ot required ventilatinq equipment. Lack ot minimum amounts ot natural liqht and ventila- tion. Room and space dimensions less than required by code. Lack ot required electrical liqhtinq. Dampness ot habitable room. Intestation ot insects, vermin or rodents. General dilapidation or improper maintenance. Lack ot connection to required sewaqe disposal system. Lack ot maintenance ot septic system. Lack ot adequate qarbaqe and ruj:)bish storaqe and removal tacilities. Inadequate housekeepinq - trash, qarbaqe, etc. ~'"' "tAL HAZARDS IUBCI G, n.. ,J vacant. Fire damaged structure. Broken doors and window.. Illegal addition (bootleq) Inadequate weather protection (roof leaks, etc.) Inad.quate foundation. sag;;...nq floor.. Inadequate rat-proofing. Chimney structure unsound. Termite damage. structural integrity questionable. PLUMBING IUPCI 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 vacuumnbreaks. MECHANICAL IUMCI Illegal gas heater or appliance. Improperly vented water heater. Inadequate or missing gas shut off valve. combustibles stored too near heating appliances. ELECTRICAL INECI Overfusing - branch circuits not to exceed 15 amps for lights and 20 amps for receptacles. Hissing electrical covers or fixtures. . Inadequate outlets. Electrical service entrance is inadequate. Hazardous or illegal wiring. GENERAL I SBMCI 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. Address required,on all buildings and/or apartments. Supplement: We+.t.L. +n \J...,...."'-t t:..._aJ!&6 S~H"'~"". ..... \ \" ',.. I ~'I.'" uJ'._, ,- ..;'.."............... 1'" ~ Q All Codes are adopted by and are a part of the San Bernardino Municipal Code (SBHC 15.04.020). INSrfCTION REPORT WAS GIVEN TO: A property owner B manager C tenant o by hand delivery E reqular mail F certified mail . --1 ~ ~ v< ../ f . v =i .; THIS on if 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. REPORT NO. ..O,J.,) if 1. 2. 3. 4. 5. .6. inadequate fence 1. 2. 3. 4. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 6. 7. 8. 9. ^^ . November 17 19~ ~=~,.~ CITY OF SAN BERNARDINO - REQUEST F-~R COUNCIL ACTION STAFF REPORT A 1 etter has been recei ved from Century Homes for authori zati on to construct a pedestrian ramp within the street right-of-way at their office at 1535 South "D" Street. This ramp will be constructed in accordance with the attached plan. Thi s request is based upon the fact that many sub-contractors visit their office each day. These sub-contractors usually elect to park along the curb and gutter in "D" Street, due to the difficulty in maneuvering their trucks through the parking lot. The steady flow of traffic results in damage to the landscaping within the parkway, and creates potential liability from slips and falls on the wet grass. Landscaping will be replaced by the ramp. The ramp will be designed and built in accordance with handicap standards. We feel that construction of a pedestrian ramp will provide a safer access to thei r offi ce, and reduce damage to 1 and scapi ng. Therefore, we recommend that the request be approved. A standard form License Agreement will be required to authorize the encroachment of the private facility within public right-of-way. These agreements are normally drafted to provide for payment of an administrative fee of about $500.00 to cover the costs for processing the requests. ~ 1"b1j~orks Construction Permit from our office will be needed r v (' .~. ;-: -:.: ;" :;lp. 75.0264 5/11/90