Loading...
HomeMy WebLinkAbout57-Facilities Management - . 'CI~~ OF SAN BERNARDI~ ~ REQ~ST FOR COUNCIL Al*ION From: Wayne Overstreet, Directot'E::T.-,'.D~i",. Siibject: h.._'...' ' .; . APPEAL OF BBC ORDER 90-VAP- 1025-01, ROSCOE SAPP, 1490 WEST VICTORIA, SAN BERNARDINO, CA. 92411 Dept: Facilities Management 1"':;-. Date: May 25, 1990 Synopsis of Previous Council action: None Recommended motion: That the appeal of the Board of Building Commissioner's order No. 90-V AP-I025-01 dated May 4, 1990, be denied, and the order of the Board of Building Commissioners be upheld. That" if the vehicles and parts thereof are not abated within thirty (30) calendar days, by the property owner, the Director of Facilities Management Department is directed to abate the public nuisance, and assess the pro erty owner for all necessary cost. Supporting data attached: Yes Phone: 5244 Ward: 1 Contact person: Wayne Overstreet FUNDING REQUIREMENTS: Amount: None Source: (Acct. No,) N I A (Acct. Oescriotionl N I A Finance: Council Notes: 15-0262 Agenda Item No S 7 ~IT~ OF SAN BERNARDIN~ - REQ~ST FOR COUNCIL A~ION STAFF REPORT November 29, 1989 the Facilities Management Department received a complaint regarding abandoned vehicles located at 1490 West Victoria Street, San Bernardino, CA., 92411 (VAP Case No. 1025-01). The owner, Mr. Rosco Sapp, was given a "Five (5) Day Courtesy Notice" requesting the abatement (1-26-90) of fourteen (14) vehicles. January 29, 1990 a letter was received from the Law office of Sprague, Tomlinson and Nydam, asking for dismissal of this abatement based upon an earlier inspection by the Fire Marshall. The property was inspected again on February 1,1990 and there was no indication of any action being taken to abate these vehicles, therefore, Mr. Sapp was given a "Ten (10) Day Notice of our Intention to Abate the Vehicles and/or Parts thereof as a Public Nuisance". This notice also advised him that he had a right to request a hearing. A hearing was requested by his attorneys February 14, 1990. The hearing was scheduled for April 6, 1990 by the Board of Building Commissioners (BBC), Mr. Sapp was present, however, his attorneys had not received notice of the scheduled hearing, and Mr. Sapp requested it be rescheduled for May 4, 1990 BBC meeting. Mr. Sapp's attorneys were notified of the rescheduled hearing by letter April 19, 1990. The findings of the BBC meeting of May 4, 1990 was that based upon the evidence presented, that the inoperable vehicles located on the premises at 1490 West Victoria Street, San Bernardino constituted a public nuisance and needed to be abated, BBC Order No. 90-VAP-1025- 01, dated May 4, 1990 (Attachment 111). May 14, 1990 a request was received by the City Clerk from Mr. Sapp's Attorney (Kenneth W. Nydam) appealing the BBC order to the Mayor and Common Council (attachment 112) Mr. Sapp's attorney's have stated that the vehicles are placed behind a wooden fence which completely encompasses his back yard and none of the vehicles can be seen from the street, public place, or other residences, and does not constitute a public nuisance. Photos of this property and vehicles have been recorded since October 1988. January. 1990 and May 1990. inspections and photos do not show any action to abate the problems. or show that a fence has been constructed that would screen the vehicles from public view from the street or other residence in the area. 75-0264 .,...... w 1 2 3 ,,....,--, j~4 rA\}p "1.)(; ~~~y ~G\D ri ~ +"~ K~' .l\. v ,,,,,,n,"\ V 'BOARD OF BUILDDIG COMKISSIOREllS Order Ilo. 90 VAP 1025-01 4 ORDER OF THE BOARD OF BUILDDIG COHKISSIOREllS OF THE CITY OF SAN 5 BERNARDIIlO AUTHORIZIIlG THE ABATEMENT OF VEHICLES. 6 Whereas, pursuant to the San Bernardino Municipal Code, Title 8, 7 Chapter 8.36, the Director of Facilities Management has sent a ten (10) day 8 notice by Certified Mail to the owner of the property that inoperable 9 vehicles constituting a public nuisance must be abated; and 10 Whereas, the owner has requested a hearing before the Board of 11 12 13 14 15 16 17 18 19 Building Commissioners and notice of said hearing was properly given; and Whereas, a hearing was held on May 4, , 1990 to receive and consider all relevant evidence, objections, or protests; and Whereas, the Board of Building Commissioners heard testimony and examined all evidence offered by the parties relative to the alleged public nuisance, IlOW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDIIlG COMKISSIOREllS OF THE CITY OF SAN BERNARDIIlO AS FOu.DWS; Section 1. Based upon the evidence presented, the Board of Building 20 Commissioners finds that the inoperable vehicle(s) located on the premises 21 22 23 24 constitute a public at 1490 W. Victoria nuisance and need to be abated. Section 2. of above property shall remove the The owner the inoperable vehicle (s) within 15 days of the date of this order or 25 the City will abate the vehicle(s) and lien the above property for all 26 costs and administrative fees. 27 I I I I 28 IIII May 4, 1990 A~# . '", - 1 2 3 4 5 6 7 8 ,r"'^,. o J v Section 3. AllY person aggrieved by this order may appeal to the Common Council by filing with the City Clerk, within fifteen (15) days of this order, a written statement of the order appealed, 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 of Building Commissioners of the City of San Bernardino at their regularly scheduled meeting held on the 4th. day of , 1990, by May the following vote, to wit: 9 AYES: Coaaissioners Westwood, Gonzales, Flores, Pollock 10 11 RAYS: Coaadssioners None 12 13 ABSENT: Coaadssioners Lord, Ponder, Hunt, Pensiero 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSTAIH: C~ssioners Miller ~~~i Clerk, Board of BUildi:;1 Coaadssioners '/ Chidrman. Boa c.,.ussioners Approved as to form and legal content: JAKES F. PENMAN City Attorney By: / / / / / / / / May 4, 1990 2 . ......... ~ (^ " '- "...., v :J 'lor NOTICE OF APPEAL "E(',~' T' l ....I.r:;; Re: Order 90 VAP 1025-01 sapp, Roscoe 1490 West Victoria, San '90 !ir~' 14 Bernardino, Ca. P 1 :(,'J 1. Roscoe Sapp hereby appeals frOlll the order of Board of Buildinq Commissioners dated May 4, 1990 requirinq that he remove certain vehicles frOlll his premises at 1490 West Victoria, San Bernardino, California. 2. The qrounds of the appeal are that Mr. Sapp owns vehicles which are important to him because of their historic value. These vehicles are placed behind a wooden fence which cOlllpletely encompasses his back yard and none of these vehicles can be seen from any street, public place, or other residence. As they cannot be seen and only the owner has access to the yard, they do not constitute a public nuisance and should not be prohibited. 3. Further qrounds of appeal concern the fact that Roscoe Sapp is approachinq aqe 80 and is without the ability to remove his vehicles to another place. He has paid taxes on the property located at 1490 West Victoria for sOllIe approximate 45 years as well as on the three adjacent lots. Previously, the city has denied him permits to build on his property and the only purpose in him payinq taxes all these years was to have a place to keep his thinqs and he believes it is unjust him any use of his property. SPRAGUE, TOMLINSON AND NYDAM Att3rneys for Roscoe Sapp ; / ,/C/' .,-',." r;'-; . ";.';. Kenneth W. Nydam .... '. , ...~ \ '"\ \~, '.'" , ~ . ~ ~" ,,~' '.. '..- . . .~ '," . --.. ~"-"'~,IJ. ..~::j ......";!' h ;.....1'; "- " ;,.:;:::'-; ,. . '~ '~ ;.;<\ ;".' -,' Z. -I ~) -.0 . ,~v ':i'\~ ' "'. '., '..' '''-~ . - ,~',r ~.~".;i.<:..\{'~ J 1\"1~ ;t ATI'I-I '12..