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Home My WebLink About50-Planning 'CITY OF' SAN BERCARDINO ~ REQUEST OoR COUNCIL ACTION From: 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. Dept: Planning and Building Services 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 Mark O. Young Contact person: Staff Report, Supporting data attached: 384-5181 Appeal, BBC Phone: Order Ward: Ward II 4 FUNDING REQUIREMENTS: Amount: $ 268.80 001-181-53156 Source: I Acct. No.! (Acct. DescriDtionl Board-ups & Demolitions Finance: i\.,UNJP Council Notes: (,OTThTf"TT.- t"'~ 1)~Q11F9T-2~ Ammrt~ Itp.m Nn_ so 'CITt OF SAN BER~RDINO - REQUEST ~R COUNCIL ACTION l STAFF REPORT BACKGROUND: L 6/28/76 2. 5/17/89 3. 5/24/89 4. 6/2/89 A Code Compliance Officer inspected it to be full of trash and debris. was sent to the attorney's office. the property and found An Order to Show Cause 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 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. 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. CQUNCIL: CA. STAFF-26 Page 1 75-0264 . r \..- ""' . , "",.-" 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 $268.80 for the abatement actions at 1642 East Echo Drive, and their order to demolish the buildings and incur the costs of the City's abatement as a lien against the property and a personal obligation of the owner(s). ~ j . . . COUNCIL: CA. STAFF-26 Page 2 . l c ::) q- 2.0'- 70 /?cpor<{- 1"'633 . -- to . . Dc//~lJul,'(, ~ ~~."~-' -- 5~;::-et; ,,,,,'ocZ ::;\J .. ,. .:-1 - ~-el''' .- ,~9 :ro . /NO U L 0 . tJk f: Tt> 11//e,p~ The 13-,(!. c. ~ COClNClt f)eC:I'~/OAl ON fJ8~knr,,,,i /'~dcepiN~' F#!. f ~() teA,! c/';;t 0 jC S~/U Lo c/9 7eiO If. 'T / ~ YO:2 S; G),. ptlf:. '- 1J<z~/Vd-1'C 171/1101 Orv 7li4 I3I9S /5 7hl9-f wheN Gd(nuC,i tI'o7;~/ I L "Y'j, 0 ",,11-5 J;/9-AJAJo 7T~ ') "'v.tJl.$ "'Ai P.e""l /"<41 i"""I'Jete$/"'.:,fA} 7hZ WeAc I/o;;~~ OAJ -Ih~ f ~() jDo~cP 1P81Pt;.~.,,,,1" 71"~ scJ,e tJiLII "J?-r/ ;J h1f /} f' ~ St1;'J -r;., ~ -rh- " (J ~ I '":v ~ 7~ e --- f'He.t> I, /<I' .. \fh"?lIIk /,0 K, <( yo tt, /<. f2 / 4,. ./.,....~ C/ Yh C /11"'S - J;;"" N^,O 1f:::. f)( 95'7 ~If-~/( /f-ve 5' ~N B~/<I"'~/:JIAxJ { C# q')Jlo If - - Ct:JAJ~" P.~,d 1711 ~k /"I~ ~~ An.& - ?,,f'~-d?/tt?S- p./~ - 3;>3 - -?";Z6Y n,,-~ /,,9'#,/~.,6 h~~ ~ ~ d.a-t- ~ a;t:...:U,,~ ~.e~ : //'d~;;-iA ~ ~f.,/ f;/ /9~C' p;~ ,6 Art-C"./ ~/~;,'-" ~~~ ~ . . . ~ ;I;~.L ~ HUTTon ~nD TOlCHI~ ") -- LAW BUILDING ess NORTH LA CADENA DRIVE L.AWRENCE A. HUTTON MICHAEL oJ. TORCHIA qEr;Fi\:~~ ': 11)' MAILING ADDRESS: BOX...... '90 A:~ 24 P? :(13 COLTOR, CflLlfORRlfl 92324 TELEPHONE 171'" 8Z5-,....3 April 24, 1990 Shauna Clark San Bernardino City Clerk 300 N. "0" 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 premises.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, TORCHIA " !fk/ ~~:f~ ~ H UTTOn ~ n 0 TOKH I~ 9 LAW BUILDING ess kCRTI-4 LA CACENA DRIV!. LAW'U;:NC!: /fl. HUTTON ....CH....EI.. ..J. TORCHIA ...AILING AOORESS. BOX." COLTon, C41LlfORnl41 9Z3Z4 TELEPtolONE 17'''' e2~,""'3 April 6, 1990 Department of Building and Safety 300 North "0" 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 months. 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 LAH/dc cc: Margaret Agnew.Buckner John Agnew "\ . y 8 9 10 11 12 13 19 20 21 22 23 24 26 1 2 3 C:BOARD OF BUILDING COMMISS~R8 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, Title 15, Chapter 15.28, the Building Official has posted a ouilding(s) located at 1642 Echo Drive , San Bernardino, California, and has notified person (s) having an interest in the aoove property that the ouilding(s) or premises constitutes. a public nuisance; WHEREAS, pursuant to San Bernardino Municipal Code, the ~uilding Official has served a "Notice of Hearing Before the Board of Building Commissioners of the City of San Bernardino, relating to aoatement of said nuisance, to the.person(s) having an interest in the aoove property, and has prepared a declaration of mailing of the notice, a copy of which is on file in these proceedings; and 5 6 7 14 15, 16 WHEREAS, a hearing was held to receive and consider all relevant evidence, oojections or protests on April 6 19.2Q....; and WHEREAS, the Board of Building Commissioners heard the testimony and examined the evidence offered oy the parties " relative to the alleged public nuisance, , 17 18 25 NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: . :::0 SECTION 1. Based upon the evidence submitte~ i~was found " rn and determined that the building(s) and/or premi..s l~cated at _;:J -~ 1642 Echo Drive , San Bernardino, california~ co',stituted a 27 28 -0 -~ "" - N --., -1- Vl .c:J _._-_.--.._~-_... - !J 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 , I~ 17 18 19 20 21 22 23 24 25 26 27 28 BOARD OF BUILDING COMMISSIONERS C ORDER NO. n."'" REPORT NO. 1833 public nuisance for the reasons set forth in Exhibit "A", attached hereto and incorporated herein by reference as though fully set forth at lenqth 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 actions, that the city incurred costs in the sum of $ 268.80 to abate the above property, 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 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 , San Bernardino, california within sixty (60) days from the posting of a copy of this order on the above property. If the building(s) is not demolished within the prescribed period of time, the build- 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- j 1 2 3 4 , 6 7 8 9 10 11 12 13 14 15 16 ' 17 18 19 20 21 22 23 24 2$ 26 27 28 C BOARD OF BUILDING COMMISONERS ORDER NO. 1370 REPORT NO. 1833 I HEREBY CERTIFY that the foreqoinq order was duly adopted by the Board of Buildinq commissioners of The City of San Bernardino Apri 1 AYES: meetinq thereof, held on the 6th day of. , 19~, by the followinq vote, to wit: commissioners Warren Miller. Herb Pollock. Dan Westwood. at a reaular Jack Hunt. Benjamin Gonzales. Gene Pensiero NAYS: None ABSTAIN: Wi 11 i am Ponder ABSENT: Manuel Flores ~~1-~~SI"'" The foreqoinq order is hereby approved this .2!!L day of April 19~. Approved as to form and leqal content: JAMES F. PENMAN CITY ATTORNEY ~iJ - BY: < M/1If4t.u..(.~ CE:103 -3- --- . JEPARTMENT OF BUILOiNG ANU ~r~l C COOE ENFORCEMENT OIVISIO" - . , j STATEMENT OF COSTS SAN 3ERNARDINO MUNICIPAL CODE. TITLE 15 PROJECT NO 1833 The undersfgned respectfully submits the following statement of costs fncurred by the Cfty of San Bernardino fn abating the public nufsance that existed on the property located at: 1642 East Echo Drive Owner: Thelma B. Brinklev Address: 1642 E. Echo Drive Assessors ~o: 155 261 26 More particularly described as: Lots 5 & 6 lvina no of Echo Drive IT~~IZAT:ON Building and Safety Depar~~ent Costs: if tl e Search Inspector's Time Secretary's Time Camp & Retire~ent Equipment Certified ~ai1ing Pictures Costs from ?revious Hearing Hearing Time Attorney's Costs Contractors's Costs S 2 x S16/hr S 2 x S13/hr S 25'; S lOx 50c S 2 x 52 x 2 3 6 x 51 S S SUB 70TAL Administrative Costs 40~ TOTAL COSTS SBMC: 15.28 25.00 32.00 26.00 5.00 8.00 6.00 s 50.00 40.00 S S S 192.00 3 76.80 S 268.80 Rev. 10/88 .UtTHENT OF BUILDING ~:a... n 300 North "0" Strt, ) SAN BElUfARDINO, CA "2418 EXHIBIT "A" An inspection va. .ade of the ~elov .entioned .tructureC.) and/or pre.ise., . and .=.tandarcl conditions which .hall include but not be li.itecl to the followinq, were ob.ervecl. _ The ownerC.) and all intere.ted partie., a. indicatecl on the Title Report, were ..nt a c.rtified .ailinq of the.e conditions. - The recommendation i. for abatement of th. .tructureC.) and/or pre.ise.; and/or an ord.r to vacat. the pr..i.... , I cu. - All such s=.tandarcl ~uildinqs or pr..ise. are here~y declared to be public nui.ance. and .uch nuisance. shall be a~ated by the repair, removal or demolition of such unsafe buildinqs by the proper procedure. Permits are required prior to startinq repair or demo- lition 'work. TOTAL COSTS INCURRED TO DATE: OWNER:r~\b; ADDRESS - \... 0 'w c:,:,y SA.... ?,~.... "'1l..V' .l...... DC", ~li..oq PHC:IE NO. V OA':'~; OF INSPECTION 5-,;. "" IT~~ NO. lo 2. ./' 3. 4 . V'" 5. 6. ..,( 7. '" 8 . 9. 3 10. 11. 12. 13. 14. V 15. $ Ol"~. ~C LOCATION }G, 4 J.. E (,. ","0 1) t" . ASSESSOR'SHO. 155- ;2~, - ;2(, TYPE/SLOG .s FR.. VIOLATIOH U'" ....h':..\-&.:~, J. ~-\.rll"+VIV' DATE PREPAREO-U.:.Js. - ~i SUSSTANDARD HOUSING tInadeauate sani~ation\- URe CR. '10 S~eTION 1001 Lack of or improper water closet, lavatory, bathtu~ or shower in dwellinq. Lack at or improper kitchen sink or drain~oard in dwell- inq. Lack at hot and cold runninq water in dwellinq. Lack of adequate heatinq tacilities. Lack of or improper operation ot required ventilatinq equipment. Lack of minimum amounts ot natural liqht and ventila- tion. Room and space dimensions less than required by code. Lack of required electrical liqhtinq. Dampn... of habita~le room. Intestation of insects, vermin or rodents. General clilapidation or improper maintenance. Lack ot connection to required sewaqe disposal system. Lack of maint.nance ot septic system. Lack otadequate qar~aqe and ~bish storaqe and removal facilitie.. Inadequat. housekeepinq - trash, qar~aqe, etc. 1 " . r . ~ "lAL HAZARDS IUBel r~en ~.~ vacant. ~re damaged structure. Broken doors and windows. Illegal addition (bootleg) Inadequate weatber protection (roof leaks, etc.) Inadequate foundation. Sag91nQ floors. Inadequate rat-proofing. Chimney structure unsound. Termite damaqe. Structural inteqrity questionable. P'LUMI!IING (Upel Water beater illeqally installed in bath or bedroom. Water heater has no T , P valve or s.is.ic tie downs. Leaking/broken/pluqqed sewer drain.. Leaking and/or broken pipes. Cross connected plumbinq. Yard sprinklers must have vacuumnbreaks. MECHANiCAL (UMel Illeqal qas heater or appliance. Improperly vented water heater. Inadequate or missinq qas shut otf valve. Combustibles stored too near heating appliances. ELECTRICAL (HECI Overfusinq - branch circuits not to exceed 15 amps fOl liqhts and 20 amps for receptacles. Kissinq electrical covers or fixtures. . Inadequate outlets. Electrical service entrance is inadequate. Hazardous or illeqal wirinq. G!:NERAL (SBMCl Pools - staqnant water inadequate qate Not to be occupied until corrections are made. Certificate of occupancy required. Improper Occupancy. Nuisance Possible Fire Hazard. Smoke Oetectors Required. Address required,on all buildinqs and/or apartments. Supplement: J::lJ:1.t.I- ..f.~ \JIA.,....""~ t':..__b. S~..I...tl ":D.... ..\. \:t.J~&. ,'_ r:.. "'........ .&.-' ........,. ~ ~ All Codes are adopted by and are a part of the Sar Bernardino Municipal code (SBMC 15.04.020). INSrfCTION REPORT WAS GIVEN TO: A property owner B .anaqer C tenant o by band delivery E reqular mail F certH ied mail November 17 . 1 J ~ ~ ~ v' '\I' =i: THIS on v 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. ~....,~. .,...... v 1. 2. 3. 4. 5. .6. ...J inadequate fenct 1. 2. 3. 4. 1. 2. 3. 4. 5. 1. .; 2. 3. 4. 5. 6. 7. 8. 9. . All. 19~ ~~,.~