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HomeMy WebLinkAbout52-City Attorney's Office CITY OF SAN BERreRDINO - REQUEST .R COUNCIL ACTION ._....... M....ll... .., .. James F. Penm:m, City Attorney Subject: Appeal of BlC Finding and BBC l\ctian of June 1, 1990, by Owner, John Wright, re 5194 IDuise Street I: City Attorney's Office Date: July 26, 1990 Synopsis of Previous Council action: None. Recommended motion: MJI'ION: That the Board of Building Carmissioners' finding of June 1, 1990, that the City aurred costs of $416.55 for the abatsnent actions at 5194 loJ.ise Street, and the BlC order _abate the IUlisance and in::ur the costs of the City's abatement as a lien against the property am a personal cbligation of the 0IrIIleI' (s), be upheld. (I .-, . !---.... Signature PENMAN, CITY ATl'ORNEY cc: Shauna Edwins, City Administrator John Martin, Sr. Asst. City Attorney Dave Staclowski., City Attorney Contact person: Inve"HC]"t-nr Phone: 384-5355 Staff Report, Appeal, BOC Order, Copy of Citation, Declarations of Supporting data attached: Neiqhhnrs. Photos. and Photos of Ward: 5 Neighborhood FUNDING REQUIREMENTS: Amount: N/A Source: IAcct. No.) (Acct. DescriDtion) Finance: eCil Notes: .,0:. n')<:.? Anpnrl::t Itpm !\In .5':::...1 CITY OF SAN BERteRDINO - REQUEST AR COUNCIL ACTION o 12/27/89: 12/28/89: e 01/03/90: e STAFF REPORT RE: 5194 Louise Street San Bernardino, CA 92407 CHRONOLOGY OF EVENTS: Responded to citizen's request to inspect 5194 Louise Street. Trash and debris were scattered throughout the property. There were bags of decaying garbage on the front porch. There was a large inoperable commercial van and an inoperable motorcycle in the driveway. All but three of the windows of the premises were boarded up, preventing proper circulation and lighting for the interior. There was a strong odor of apparent decaying debris emitting from inside the premises. A notice of violation was posted indicating the property was to be abated by January 8, 1990. Mr. John Wright contacted this office telephonically indicating he was the owner of the property at 5194 Louise Street. Mr. Wright engaged Investigator Stachowski in a 50 minute conversation. He indicated that the shower and tub faucets leaked so bad that he turned off the water to the premises. He denied there was trash inside the residence, and stated the odor was coming through the sewer pipes as he did not have any water in the toilet. His gas is capped off inside the residence, and he cooks on a single- burner hot plate. Mr. Wright brings water into his home in two large bottles. Although his house payment is only approximately $160 a month, Mr. Wright indicated he cannot afford to fix up his home. Investigator Stachowski volunteered to arrange for a low-interest home improvement loan, and he declined the offer. Mr. Wright came to the City Attorney's Office and showed Investigator Stachowski a letter from the mortgage company indicating he was three months behind on his payments. Mr. Wright stated he needed four weekends to clean up his premise, and, at that time, he would allow an inspection to be made inside his residence. It was agreed to give Mr. Wright until February 2, 1990, to abate his property. JFP/DS/bg [Council.Req] July 24, 1990 75.0264 e e e . . REQUEST FOR COUNCIL ACTION - 5194 LOUISE STREET PAGE 2 02/02/90: The exterior of Mr. Wright's residence was inspected, and there was no compliance with the abatement notice. 03/05/90: Mr. Wright denied permission to inspect his residence. A citation was issued to Mr. Wright for inoperable vehicles in his driveway, which included a van and motorcycle. He was cited for failure to remove litter, debris and junk. He was also cited for failure to remove overgrown and dead vegetation. 05/02/90: Mr. Wright appeared in court and requested a continuance until June 6, 1990. 05/03/90: Sent a certified copy of a notice of public nuisance and intention of the City to abate the nuisance. Mr. Wright filed a written request for a hearing with the BBC to be held on June 1, 1990. Mr. Wright appeared at the BBC where documentation of the violations was submitted to the BBC in addition to eight sworn declarations by his surrounding neighbors as to the nuisance which his residence has created. The BBC found that the premises located at 5194 Louise Street constituted a public nuisance and ordered Mr. Wright to abate the property in 30 days. Mr. Wright complained to the BBC that the City was not providing him with a dumpster, and, at the BBC' s request, a dumpster was provided for him within a week's time by the Public Services Department. 06/01/90: 06/15/90: The City Clerk's Office received an appeal to the Council regarding the decision of the BBC. 07/18/90: Mr. Wright appeared in court in Department A and was found guilty of the prop~rty maintenance violations and was fined $140 and given three months probation. Staff Recommendation: Staff recommendation is that the decision of the BBC be upheld. JFP/DS/bg [Council.Req] July 24, 1990 . . CITY OF SAN BERNARDINO e statement Of Costs San Bernardino Municipal Code, Title 15 The undersigned incurred by the that existed on respectfully submits the City of San Bernardino in the property located at: following statement of costs abating the public nuisance Address: 5194 Louise Street, San Bernardino, CA John Wright Owner: Mailing Address: 5194 Louise Street, San Bernardino, CA 92407 Assessors No. 154 504 01 More particularly described as: Tract 5223, Lot 1, Book 69, Paqe 34 ITEMIZATION "Title Search _Inspector's Time Secretary's Time Compo & Retirement Equipment Certified Mailing Pictures Hearing Time Attorney's Costs Contractor's Costs 6 x $18.00 1 x $13.00 25% 8 x $.50 2 x 2 x 2 20 x 1 Administrative Costs Notice of Pendency Sub-Total 40% Total Due SBMC: 15.28 DATE: BY: ) ~ AI;--4 A"7~ ~~.- "eITY IN ESTIGATOR ' STATEMENTCOSTCI/eg e $ $ $ $ $ $ $ $ $ $ $ $ $ $ 25.00 108.00 13.00 30.25 4.00 8.00 20.00 208.25 83.30 125.00 416.55