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HomeMy WebLinkAbout53-Planning CITY OF SAN BER.RDINO - REQUEST .R COUNCIL ACTION Im:Larry E. . t: Planning Reed, Director _ SlIbject,: - -- Appeal of BBC finding and BBC Action of July 6, 1990, By: Owner, Enos Dennis Re: 943 Pennsylvania & Building Services Date: July 24, 1990 Synopsis of Previous Council action: NONE Recommended motion: e That The Board of Building Commissioners' finding of July 6, 1990, that the City incurred costs in the amount of $11,844.15, for the abatement of at 943 Pennsylvania, and the BBC Order to incur the costs as a lien against the property and a personal obligation to the owner(s) be upheld; and that the owner be directed to demolish the fire damaged structure. cc: Shauna Edwins, City John Martin, Senior Admin,"trator d""'J'i~/~ Assistant City Attorney I Sign~ Contact person: Phone: Supporting data attached: D~M!~dRE~~t~J'. B~~a~~M~lit gth~8l t 'A I 'Ward: $11,844.15 Debra Daniel 384-5205/384-5257 2 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) 001-181-41733 Board Ups & Demolitions (Acct. DescriPtion) Finance: .'I71l ." , ./ '/ ~Cil Notes: 75-0262 rj Agenda Item No~_'z./ CITY OF SAN BER.RDINO - REQUEST .R COUNCIL ACTION e A. 03-25-80 B. 10-08-85 C. 08-11-88 D. 08-31-88 e. 10-21-88 F. 07-07-89 G. 07-06-90 STAFF REPORT CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING & BUILDING SERVICES CODE ENFORCEMENT DIVISION 943 PENNSYLVANIA SAN BERNARDINO, CA 92411 REPORT/PROJECT NO. 1477 APN. 139-141-06 Notice of Pendency recorded with to possible buyers on notice substandard housing. the County Deed Records of City violations of An inspection was made on the property and a full blown junk yard business was found to exist. The owner, Mary Mannings was notified of violations and ordered to cease operation. No further action was taken by the City. An inspection was made The owner was notified Mannings) . City abated the property incurring costs of $13,571.81. and the same conditions existed. with no response. (Owner, Mary The owner, Mary Mannings was notified of costs with no response. A new owner acquired property (Enos Dennis), after abate- ment action and costs had been incurred on August 31, 1988. Case went before BBC on July 6, 1990. The Order by BBC was to lien the costs. Subsequently, an appeal to Mayor and Common Council. Just prior to going to BBC severe fire damage had occured to the structure. STAFF RECOMMENDATION: The current zoning is R-S. (Residential Suburban) Staff Recommendation is to uphold the Board of Building Commissioners' decision to lien the costs in the amount of $11,844.15, and to direct the owner to complete the demolition of the fire damaged structure. CE/943PENNSYLVANIA e 75.0264 e e e 20 21 22 23 24 25 26 27 28 .A or BUILDIHG COMMI8811:fR ORD..IIO. 1417 "1'0_ 1IC7. 14 '77 1 2 3' ORr--r 01' TH. BOARD-.OF. BUILDING COMMISSIONERS OF THE CITY OF SAX BBJIlfDDIHO AtlTRORIZIHG THE ABATEMENT OF A PUBLIC NUISAHCE. 4 WHBRDS, pursuant: to the San Bernardino Municipal Code, Title 15, Chapter 15.28, the Building Otticial has posted a building(s) , 6 943 Pennsylvania , San Bernardino, California, located at 7 8 9 and has notitied person(s) having an interest in the above prop- erty that the building(s) or premises constitute., public nuisance; 10 11 WHEREAS, pursuant to San Bernardino Municipal Code, the build- 12 ing Official has served a "Notice of Hearing Before the Board of 13 Building Commissioners of the City of San Bernardino", relating to 14 abatement of said nuisance, to the person(s) having an interest in 15 16 17 the above property, and has prepared a declaration of mailing of the notice, a copy of which is on file in these proceedings; and WHEREAS, a hearing was held to receive and consider all 18 relevant evidence, objections or protests on July 6. , 19..2.!L, 19 and examined the evidence offered by the parties relative to the alleged public nuisance, WHEREAS, the Board of Building Commissioners heard the test- imony and examined the evidence offered by the parties relative to the alleged public nuisance, IIII IIII IIII -1- e e e 20 21 22 23 24 25 26 27 28 BOW r BtJIIoDIIIG OF COJDIISSI~: ORD..IIO.. 1417 1477 1 2 3 N~U, I'.rIS,ORDQBD BY THE BOARD OF BUIIoDING COJDIISSIOImRs OF THE CITY 01' SAN BERNARDINO AS FOLLOW: .B1I0.~ IICJ. 4 SECTION 1. sased upon the evidence .uJ:lJDitted, it was found and determined that the building(s) andlor premise. located at S 6 943 Pennsylvania , San Bernardino, California, constituted a 7 8 9 10 public nuisance for the reasons set forth in.Exhibit "A", attached hereto and incorporated herein by reference as though fully set forth at length as the 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 $11.844.15 to abate the above property, and that these costs to the city to abate the above property shall be the personal Obligation of the owner(s) as well as a lien on the above property. SECTION 3. The owner(s) is directed to keep the vacant building(s) boarded and secure and to keep the premises free of debris, trash, and graffiti. The owner(s) is directed to obtain permits and to rehabilitate the building(s) in compliance with city codes prior to any occupancy. SECTION 4. Any person aggrieved by this order may, within fifteen (15) days after July 10, 1990 , appeal to the Common Council by filing with the City Clerk a written statement or the 11 12 13 14 IS 16 17 18 19 order appealed from the specific grounds of appeal and the relief I I l I ! or action sought from the Common Council. IIII CE:102 -2- e e e 20 21 22 23 24 25 26 27 28 1 2 3 &m or BUIt.DIBCJ cOmaslIAs ORDJUl BO.1::I:fl- ItBI'OIl'1" BO.~ r ~.BY CERTIFY that the foregoing order was duly adopted 4 by the Board of Building commissioners of the City of San .5 6 Bernardino at a reaular meeting thereof, held on the 6th day of July COJIIIZ8810llBRSa , 19 90 , by the following vote, to wit: AS8TArB AB8Bl1'l' in ox 7 8 Chairman-Warren Miller ~ 9 Dan Westwood L... 10 William Ponder ~ II Jack Hunt L 12 Benjamin Gonzales ~ 13 Manuel Flores L 14 Herbert Pollock .1L. L 15 Gene pensiero 16 Gary Lord ..Joe::::' JrlLMll.- )i. 100 n~ 'ii' CLERK, BOARD OF BUILDING CaMHI lONERS 17 18 19 The. foregoing 19l2..... of July approved , Approved as to form and legal content: J B IIII IIII CE/BBC '. . Dl o l'l'MD'r OF BUII.DIlC AHD" SA rr' , 3"CDlIfcm:Jr.ItJJ.'l:"S~tt\ SA>> 8....apIIft1~CA. ,~~., EXlaBrr -1.- A.... . . ~ 1::; . An in~~i;..... lIt.~" o~ t.be below lMIl~lone4 .~(.) andIo&" pr_u.... .....~ concU.~lo~. Vblc:b shaU include bu~ not be 11aJ.t".....ft11ovinq. wue ob.uved. A;e. ovIUIt(.a)-md &11 1n~eJ:'Uted paI:'1:1.., a. 1ndic:a~ed on t.be '1'ltl. eport, .... MIl~ a cel:'1:1!led u11ift9 of t.be.e condi~i~. Tbe r..... "".............t10n i. to lncur all current and future cost in tne fonn of a lien on the property or a personal Obligation of tne owner(s). e - All suc:b .UbatandaJ:'d building. or premis.. ar. hereby decl.~adto be public nui.anc.. and such nuisanc.. shall be abated by the repair. relloval or d&l1011tion of such un.at. building. by t.be propa&" procedure. 'el:'llit. are r.quir.d prior to stal:'1:ing repalr or dello- lition work. $ ", F/II.~!:l.J.& LOCATION ~. ~"......,. V'i~~ IJ.... ASSESSOR'S NO. ,ac,-,..." -Oft,. 'l'YPE/BLOG ~.,:-. L . ,., , L' l4AC. "'f?t. VIOLATION ~,., ~C..c.,~ .. .~_ DATE PREPARED -.. I.. D Ie? c> TOTAL COSTS IIfCURRED TO DATE: OWNE~'^"'I.l!!l.. ~_II_!I4.._ ADDRESS ~ CtTY L....... "'-1 ~ ,...... .1' II!II Q...- - - PHONE NO. - DATE OF INSPEC'l'ION"g/--Ias.. e ITEM NO. 1. 2. 3. 4. 5. 6. 7. a. ,. 10. 11. 12. Z 13. 14. L15. e SUBSTANDARD HOUSING (I"ad.~a~. Sani~a~ionl_ ORe CR. 10 SEeTYON 1001 Lack ot or illproper water closet, lavatory, bathtub or show.r in dw.lling. Lack ot or illprope&" kitchen sink or drainboard in dw.ll- ing. Lack ot hot and cold running water in dw.lling. Lack of adequate h.ating tacilities. Lack of or illproper operation of required ventilating .quiplI.nt. Lack ot lIinillUII allounts ot natural liqht and ventila- tion. RoolI and spac. dill.nsions l.s. than required by cod.. Lack of r.quir.d .l.ctrical liqhtinq. Dallpn... ot habitable roo.. Infe.tation ot in..ct.. v.rain or rod.nts. G.n.ral dilapidation or improper lIaintenance. Lack ot connection tw .~~..d sewage di.posal syste.. Lack ot.llaint.nance ot s.ptic .y.tell. Lack ot adequate garbage and rubbish storage and r.moval facilitie.. Inadequate houselceeping - tra.b. garbage. etc. All Codes are adopted by and are a part Bernardino Municipal Code (SBKC 15.04.020). THIS INSPECTION UPORT WAS GIVEN TO: X A property owner 8 _naqer C tenant D by hand delivery B relJUl" aU. P certiti,d mail 1._ . 2"..- 3.. 4. 5., .... e 7. ". t t. 0 10. 11. 1. 2. 3. 4. 5. 6. 1. 2. 3~ 4. 1. 2. 3. 4. 5. e 1. 2. 3. ~ 4. 5. 6. 7. 8. 9. x on ria\! 18 e OpeD" a: vacanC.. _~: _: ~~:- Pir..,..-q__ .~"'~'-----.o BreI" cSoo~ .. viDdolnr_ . %11.,.1 adcln1CB (bOoU..y,- . r".4aquata v_Cla~ pntec:c101l (roor leab-,. etc.) %Juadequata tounclaUon. . .aft~ tloo~. Inadequat. raC-proofing. :~f.."ey structure unsound. Tenait. daaaq.. Structural. integrity qg..tionable. PUJMBYMt: (OPt!, Water heater llleqally installed in baCIa or bedrooa. Water heater ha. no T , P valve or sei..ie tie down.. LeaJdnq/brolcen/pluqqed sever drain.. Lealcinq and/or brolcen pipe.. cros. connected plumainq. Yard sprinlc1ers mu.t have vacullan breales. MECRAKreAL ttJM~l Illeqal qa. heater or appliance. Improperly vented vater heater. Inadequate or mis.inq qa. shut otf valve. COmbustible. stored too near heatinq appliance.. ~L~CTRI~AL (NEel OVertusinq - branch circuit. not to exceed 15 amp. tor liqhts and 20 amps tor receptacle.. Missinq electrical covers or tixtures. Inadequate outlets. Electrical service entrance is inadequate. Hazardous or illeqal wirinq. GENERAL (SBMCl Pools - staqnant water inadeqgate qate Not to be occupied until co~ectlons are made. eertiticate of Occupancy required. Improper Occupancy. Nuisance Po.sible Fire Hazard. Smoke Oetector. Required. Addre.. required on all bu Supplement: .~ inadequate tenee . ot the san 19 90 - ~~l~ IS.. sIaitA~ It e e . 0 CITY OF San Bernardino DEPARTMENT 0' 'LANNING AND IUILDING I.RVIC.I LARRY E. REED DIRECTOR July 9, 1990 Enos Denn i s 1247 E. 87th Place Los Angeles, CA 90002 943 Pennsylv,oia _~ San Bernard~no, ~A AFN# 139 141 06 . PROJECT NO. 1477 Pursuant to action of the Board of Building Commissioners taken on Julv 6. 1990 a nuisance was found to exist at 943 Pennsylvania , San Bernardino, California. Certain costs were incurred to abate the nuisance and arp. listed in the attached statement of costs. These costs have been approved by the Board of Building Commissioners' and shall become a lien upon the property, if not paid. An appeal may be made within fifteen (15) days of the date of the decision of the Board of Building Commissioners to the Common Council. If no appeal is taken, the costs incurred shall become a lien upon the real property unless paid to the City Clerk within fifteen (15) days of the date of this notice. Larry E. Reed, Director Planning & Building Services by: j)~- j). f~ Code Compliance Officer Approval: ~4 ::/.,p~ ~ . Code Compliance Supe isor cc: City Attorney City Clerk Finance Department 300 NORTH D' STREET, SAN BERNARDINO. C A L I FOR N I A g 2 .. 1 . - 0 0 0 1 (7 1 . ) J . 4. .. , 1 , . . I ., e e e ~ -- - - ._ w. ___ __________ Departmene~e Lanning and Building s~ ~ Bnforc..ene Divi.ion '-' I. Stat...nt:. of Costs The undersiqned respectfully submit. the following stat..ent of costs incurred by the. City of sail . 88mardino in abating the public nuisanc. that existed on the property located at: Property Address: 943 Pennsylvania - San Bernardino, CA owner: Enos Dennis Hailing Addres.: 1247 E. 87th Place - Los Angeles, CA 90002 Parcel NUlllber: 139 141 06 Project NUlllber: 1477 Legal Description: Lot 4, Tract No. 2639, Book 37 Pg 50 ITEMIZATION Department of Planning and Building Services costs: Title Research Notice of Pendancy proce.sing Fee City Clerk Administrative Costs. Contractor's Cost. Administrative Costs Public Service Department Costs $ 25.00 $ 125.00 $ $ 9,694.15 40% $ 2,000.00 $ coses_$ 11,844.15 Total Previous costs incurred: Date Date Amount $ Amount -$ Toeal Due -$ 11,844.15 Date: J'I1y 9. 1990 /1 . 1 , 11. t/LIL-t. v Code Compl ance Off cer -Il Approved By: h /;J>tL J.C/JllllV ~. Code Compliance Supe~isor By: