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Home My WebLink About54-Facilities Management , CITY OF SAN -a-.NO~ _GWST L COUNCIL ACTION From: Wayne Overstreet, DirectolREC'D.-f,DM!'i, Sibject: Dept: Facilities Management DlItlI: May 25, 1990 ESQ r.~: y '7 .:: . 'f :.-..~: ,~j APPEAL OP BBC ORDBR 9D-VAP- 102Hl, ROSCOB SAPP, 1410 WEST VICTORIA, SAN BBRNARDINO, CA. 0411 Synopsis of Previous Council ection: None Rscommended motion: That the appeal of the Board of BuDding Commissioner's order No. 90-VAP-1025-01 dated May 4, 1990, be denied. and the order of the Board of BuDding 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 Pacilities Management Department is directed to abate the public nuisance, and assess the p erty owner for all n:ecessary cost. Supporting dlltll attached: Yes Phons: 5244 Ward: 1 Contact person: Wayne Overstreet FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.1 N I A (Acct. DescriDtionl N I A Finance: Council Notas: 15.0262 Agenda Item NO~ . crrv OF MIf..~ - MQUdT &. COI8tCIL ACTION STAFF REPORT November 29, 1989 the FacUities Management Department received a complaint regarding abandoned vebieles located at 1490 West Victoria Street, San Bernardino, CA., 92411 (VAP Case No. 1025-01). The owner, Mr. Rasco Sapp, was given a "Five (5) Day Courtesy Notice" requesting the abatement (1-26-90) of fourteen (14) vebieles. January 29, It90 a letter was received frOIn the Law office of Sprague, TomUneon and. Nydam, asking for dismis881 of tbis 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 vebieles, therefore, Mr. Sspp was given a "Ten (10) Day Notice of our Intention to Abate the Vehicles and/or Parts thereof as a Public Nuisance". Tbis notice alao advised IIim that he had a right to request 8 hearing. A hearing WaS requested by his attorneys February 14, 1990. The hearmg was scheduled for April 8, 1990 by the Board of Building ColBlldssfoaers (BBC) , Mr. Sapp was present , however, his attorneys had not received notice of the schedq1ed hearing, and Mr. Sapp ~.ned it be rescheduled for May 4, 1t90 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 aideace preseated, that the inoperable vebicles located on the premises at 1490 West Victoria Street, San BerD8l'dino constituted a public nuiBance 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 12) Mr. Sapp'. attorney's have stated that the vellieles are placed behind a wooden fence wllich completely encompasses his bsck yard and none of the vebicles can be seen from the street, public place, or other residences, and does not constitute a public nuisance. Photos of tbis property and vebieles 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 vebicles from public view from the street or other residence in the area. 75-0264 . o 1 IKWm OF .UIIJ)DG COIIIIISSIOIIERS 2 3 OrcIer 110. 90 VAP 1025-01 4 ORDER OF 'DIE BOAJID OF BUILDDG CCBlISSIOIIERS OF 'DIE CIn OF SAIl 5 .....-DO AD'rIIOBIZIJIG 'DIE ABA'l...~ OF VlBICLES. 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 Building Commissioners and notice of said hearing was properly given; and 12 Whereas, a hearing was held on May 4, ,1990 to receive and 13 consider all relevant evidence, objections, or protests; and 14 Whereas, the Board of Building Commissioners heard testimony and 15 examined all evidence offered by the parties relative to the alleged public 16 nuisance, 17 1lOW, !IIEIIEFORE, IT IS OIlDDED BY 'DIE BOAJID OF BUIIJ)DG CC>>lKISSIOIIERS 18 OF 'DIE CIn OF SAIl Jl1r.lQl"'RIlIllO AS IOLLOIIS; 19 Section 1. Based upon the evidence presented, the Board of Building 20 Commissioners finds that the inoperable vehicle(s) located on the premises 21 at 1490 W. Victoria constitute a public 22 nuisance and need to be abated. 23 Section 2. The owner of the above property shall remove the 24 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 II II 28 II II May 4, 1990 A7C1I . . 1 2 3 4 5 6 7 8 9 10 . o 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 IIEIlEBY 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 May . 1990. by the following vote. to wit: AYES: eo..issioners Westwood. Gonzales. Flores. Pollock 11 IlAYS: eo..issioners None 12 13 ABSEIIT: eo..issioners Lord. Ponder. Hunt. Pensiero 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSTAllI: eo..issioners Miller IJ-~ ~-L Clerk. Board of BuU~f:;:J eo..issioners Approved as to form and legal content: .JAMBS P. PJ!IDWl City Attorney By: / / / / / / / / May 4. 1990 2 ..... . o HOTXCE OF APPEAL RECE!\Ir::r"~"i" ,~I.ER~ 0Zder 90 v.lP 1025-01 Sapp, RoIlCOe "90 tlft.y 14 P 1 :01 1490 w..t: Victoria, San BeJ:nard1no, Ca. 1. "'0Cle 8app hereby 8W:r~'. fz:oa 1:ba ordar of Board of BuilcUngC t.ilODarll da1:e4 ..~ .., 1990 reqa1riDg t:hat be 1:_e cert:a1B 'Nhic:l_ frail his prwat... at 1490 ...t Victoria, San BerDard1Do, california. R8: 2. The 9Xoma411 of the appeal are t:hat 1Ir. Sapp 0WIlII vehicles wbich are iIIpoz1:ant to hill ~U118 of 1:bair h1a1:oric value. 'l'he.. ~tcl.. are placed _lit.... .a ......... f~ wbich c:oapletely , enc.~.... h1a baaIt yard aJIl! none of th... ",...to',.. can be .een ~raII" lI1:ree1:, public place, or ot:har rMid~. b 'they ClUmOt; be SMIl and ODly 1:ba owner hu aaceas 1:0 1:ba YUd, 'they do not COD81:it.u1:e a public nuisance and should not be prohibited. 3. Fw:1:bar grounds of appeal concern 1:ba fact t:hat Roscoe Sapp is appzoal:lh1n9a.._ 80 and i. vi~ th_ab1l1ty to .~ his vehicle. 1:0 IIIIQt:har place., Be hu paid t'llD. OIl 1:ba property 1~1:ed a1: 1490 ...t Victoria for ... aps..,(l.....-t:e 45 YM1'II _ vell - OIl 1:ba t:hrM adjacent lots. Pnviaasly, 'the city hu ~i" ~ peal1:8 1:0 bl11ld on h1a ~ lUId 1:ba 0Dl~ purpose in hill "~iDg tax.. all the._ YM1'II was 1:0' bava a place 1:0 keep his -..... and he believes 1t is unj1lll1: hill lUIy us_ of his property . SPRAGUE, TOMLINSON AND NYDAM Attorneys for ROscoe Sapp / i " .~y- Kenneth W. NydaJI -;;.;, ~/i:;~ ilj ~ n ~ .._"e' ,"".;;" .... ,y;. '-I.") \.",\. ,.....-... t. \. ". 't.,.I"",' " I~&.-'" ."" .....~. i(( J. ~;. -~ :<.~~ z':'!::~'*tl 0 '...... :r;.: -." -/2~7-:z.. , '~,'<i . ',~'~ Z t) ",' ....,. ~., ,";-9 ~"'.'rMt\i<9 ;It A~fI ~