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CITY OF SAN BER"RDINO - REQUEST ~R COUNCIL ACTION
I:
Larry E. Reed, Director
~.:. .:Sabj8ct:
Appeal of BBC finding and
-BBC action of April 6, 1990
by: Owner, William Fields
Re: 2864 North 'E' street
Planning & Building Service$~- ,
Dau: July 17, 1990
Synopsis of Previous Council action:
NONE
Racommended motion:
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That The Board of Building commissioners' finding of July 6, 1990, that
the City incurred costs in the amount of $1,423.67 for the abatement
actions at 2864 North 'E' street, and the BBC order to incur the costs of
the abatement as a lien against the property and a personal obligation of
the owner(s) be upheld.
cc:
Shauna Edwins, City Administrator
John Martin, Senior Assistant City Attorney
S ignatu re
ConUct person: Al Williams Phone:
Staff Report, BBC Order, Exhibit 'A'
Supporting data attached: npm~nrl I pttpr C;t ~tPmpnt nf rnctc Ward:
.
384-5321/384-5205
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FUNDING REQUIREMENTS:
Amount:
Slr423.67
Source: (Acct. No.)
001-181-41733
Finance:
eCil Notes:
75-0262
ti
Agenda Item NO..5 ,.
CITY OF SAN .BRtA.DINO - RBQUBST 2R COUNCIL ACTION
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A. 01-10-89
B. 04-06-89
C. 04-13-89
D. 04-21-89
E. 06-03-89
F. 11-09-89
e G. 12-14-89
H. 02-14-90
1. 02-26-90
J.
07-06-90
K. 07-13-90
STAFF REPORT
DEPARTMENT OF PLANNING & BUILDING SERVICES
CODE ENFORCEMENT DIVISION
2864 NORTH 'E' STREET
SAN BERNARDINO, CALIFORNIA 92404
REPORT/PROJECT NO. 89-3610
ASSESSORS NO. 149-072-04
An inspection was made and a notice of violation was
issued with no response from the owner.
Another Notice of Violation was issued for the on going
problem. Again no response from the owner.
Additional complaints were filed.
A citation was issued for property maintenance violations.
A Citation was issued for property maintenance viola~ions.
Another citation was issued and the City abated the
Nuisance with costs incurring in the amount of $1,423.67.
Two (2) Notices of Violation were issued.
An Investigator from the City Attorney's Office issued a
Notice of Public Nuisance and also a 10 Day Notice of The
City's intent to abate the nuisance.
Mr. William Fields requested a hearing before the Board of
Building Commissioners' to appeal both the cost of abate
ment and staff determination that the property violates
the city's property maintenance ,code. This stopped the
abatement action.
The Board of Building
Recommendation and ordered
1iened against the property
of the owner(s). And ordered
commissioners upheld Staff's
that the costs incurred be
and as a personal Obligation
the property to be cleaned.
Mr. Fields appealed The BBC Order to Mayor and Common
Council.
STAFF'S RECOMMENDATION:
This property is currently zoned R~S. (Residential Suburban)
This property has been an eyesore for many years, with Mr.
conducting a continuous yard sale. The property is still a
~ nuisance and it appears that Mr. Fields has no intention to comply
~ with the BBC Orders.
75-0264
Fields
public
CITY OF SAN BERreRDINO - REQUEST ~R COUNCIL ACTION
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75.0264
STAFF REPORT
STAFF'S RECOMMENDATION: continued...
The Staff recommendation is to uphold the BBC Order to abate the
nuisance and to incur the costs as a lien on the property and as
a personal obligation to the owner(s). Also to direct staff to
proceed to abate property maintenance violations that exist at
property.
CE/2864NORTH'E'STREET
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BOA
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BO~LD~MQ ~uaa.aa.u~~~
1410
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3 ORDER 91' 'l'HB. BOARD. OF BUILDING COHKISSIONERS OF 'l'HE CITY OF
SAN BZIUfAllDINO AO'rRORIZING THE ABAo,l"JlOl'UU'IT OF A PUBLIC NUISANCE.
o
UPORT BO. 89-3610
ORDBll NO.
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WHEREAS, pursuant to the San Bernardino Municipal Code, Title
15, Chapter 15.28, the Building Official has posted a building(s)
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2864 North 'E' Street
, San Bernardino, California,
located at
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and has notified person(s) having an interest in the above prop-
erty that the building(s) or premises constitute a public
nuisance 1
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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 the above property, and has prepared a declaration of mailing of
the notice, a copy of which is on file in these proceedings1 and
WHEREAS, a hearing was held to receive and consider all
relevant evidence, objections or protests on July 60
, 1922-,
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,
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BOtIP UP BUILDING OP COHHI88~_~
ORDBR HO. 1416
RBl'OR~ HO.89-3610
3 HOW, THEREFORE, IT IS ORDERED BY 'l'HE BOARD OF BUILDING
COMMISSIONERS OP 'l'HE CITY OF SAN BERNARDINO AS FOLLOW:
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SEC'l'ION 1. Based upon the evidence submitted, it was found
and determined that the buildinq(s) and/or premises located at
2864 North I E' Street , San Bernarelino, California, constituted a
public nuisance for the reasons set forth in Exhibit "A", attached
hereto and incorporated herein by reference as thouqh fully set
forth at lenqth as the findinqs 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
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$1,423.67 to abate the above property, and that these costs to the
City to abate the above property shall be the personal obliqation
of the owner(s) as well as a lien on the above property.
SECTION 3. The owner(s) is directed to keep the vacant
buildinq(s) boarded and secure and to keep the premises free of
debris, trash, and qraffiti. The owner(s) is directed to obtain
permits and to rehabilitate the buildinq(s) in compliance with
city codes prior to any occupancy.
SECTION 4. Any person aqqrieved by this order may, within
fifteen (15) days after Julv 10. 1990 , appeal to the COlDlllon
Council by filinq with the City Clerk a written statement or the
order appealed from the specific qrouncls of appeal and the relief
or action souqh~ from the COlDlllon Council.
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~ or BUXLDIIICJ CODISSIca..
ORDD 110. 1416 UPOR'!' 110. 89-3610
I JlBRBBY CER'l'IFY that the foregoing order was duly adopted
by the Board of Building co_issioners of the City of San
Bernardino at a ..!!llular" meeting thereof, held on the .6th
day of July , 19 90 , by the following vote, to wit:
)C1Ma. :i. ~n:.J fii .
CLERK, BOARD OF BUILDING CO ISSIONElUl
~ ~p.-1.{ . I::-
RMAN, BO I COMMISSIONERS
Approved as to form and legal content:
rney
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CE/BBC
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CITY OF SAN BElUfARDIN...
.1"AR'l'MEHT OF BUILDING ~ay
300 North -D- S~ree~
SAN BElUfUOINO, CA 92418
EXlaBIT -A-
-.-. -
, -
An iMlpec1:ion-.... -.de ot 1:he below ..n~ioned s~urees) and/or
pr-.1s.., ,aDd s""..~arcl conditiona which shall include bu~ no~ be .
lillited 1:0 1:J1e. ~Ct1lov1nq, were observed.
- TIle owneres) anctall in~ere.~ed partie., a. indica~ed on 1:he Ti~le
aeport, vere aan~ a certilied lIUlilinq ot 1:he.e condit:iona.
- The rec~~lon is tor a1:la~_en~ ot 1:h. .~ru~uree.) and/or
pre.i.e., and/or an order ~o vaca~. 1:h. pr..i....
~ r.'uA:1IJ d.c~ '',.~LMII'1 ~.,cr:1L,'t:.I11..
- All such subs~ndard buildinqs or premi.es are hereby deClared ~o be
pUblic nuisanc.. and such nuisances shall b. aba~.d by 1:J1e repair,
removal or deaoli~ion ot such unsate bUildinqs by 1:h. prop.r
procedure. Permi~s are required prior ~o s~artinq repair or cl.e.o-
lition work.
TOTAL COSTS INCURRED TO DATE:
OWNER f.tJ ,'/1 f8W1 F/~ / is
, I
ADDRESS 2. ~ ~ L/ Ill. E ';1.
CITY ~. g. . ~;).
PHONE NO.
DATE OF INSPECTION Ja." . Ifj~9
$ i5"38'..LL
. ,
LOCATION 25"~ 0/ A/. e S"-f.
ASSESSOR'S NO. I"~- tJ 7Z - 0 '/
TYPE/BLOG S - F - ~
~"", 1I~4re(e.J-
VIOLATION;;;../.t-f)~"Lls-Fv~" -A-l'fJl. I~ y"A
DATE PREPARED ,r- 11- '?17
IT~M NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
W'~ 10.
LI(. 11.
12.
13.
~.( 14.
Joe 15.
SUBSTANDARD HOUSING (Inad.aua~. Sanitationl_ ORe ~R. 10
SE~rON 1001
Lack ot or improper water closet, lavatory, bathtub or
shower in cl.wellinq.
Lack ot or improper ki~chen sink or cl.rainboarcl. in cl.well-
inq.
Lack ot hot and cold runninq water in cl.welling.
Lack ot adequa~e heating tacilities.
Lack ot or improper operation ot required ventilatin9
equip.ent.
Lack ot minimum amoun~s ot natural light and ventila-
tion.
Room and space cl.imensions less than required by code.
Lack ot required elec~rical lighting.
Dampness ot habi~able room.
Intes~ation ot insects, vermin or rodents.
General cl.ilapida~ion or improper lIUlin~enance.
Lack ot conne~ion ~o required sewage disposal system.
Lack ot lilain~enance ot septic syst...
Lack ot adequa~e garbage and rubbish storage and re.oval
tacili~ie..
Inadequata housekeapinq - trash, garbaga, ate.
.
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41.
3.
4.
5.
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7.
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10~
11.
1.
2.
3.
4.
5.
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1.
41.
3.
4.
1.
41.
3.
4.
5.
1.
2.
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5.
,.
7.
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ope.J .& vacan~. 0
Fir.a_gacl structure..
Bro door. anc:l vindows.
%11eqal addiUon (bootleq)
Inac:laquate veat:ber protection (roOf leaD, etc.)
%nac:lequate founc:lation.
.afJ9inq floor..
.Inadequate rat-proof1nq.
.chimney structure unsound.
. 'l'enaite d__ge. .
Structural: integrity que.tiOnab1e.
PtnMRrHt: (~1
Water heater illeqally installacl in bath or baclrooa.
Water heater ha. no '1' , P valve or sei.aie tie down..
Leaking/broken/p1ugqed .ever drains.
Leaking and/or broken pipe..
cro.s connected plumbinq.
Yard sprinkler. must have vacuUllft breaks.
MECHANTCAL rtJMC\
Illegal ga. heater or appliance.
Improperly vented water heater.
Inadequate or missinq qa. .hut off valve.
COmbustible. stored too near heatinq appliance..
EL~CTRrCAL (NEel
OVertusing - branch circuits not to exceed 15 amp. tor
lights and 20 amp. tor receptacle..
Missing electrical cover. or tixture..
Inadequate outlets.
Electrical service entrance i. inadequate.
Hazardous or illeqal wiring.
GEN~RAL (SBM~l
Pools - stagnant water
inadequate qate
Not to be occupied until corrections are _de.
Certificate ot Occupancy required.
Improper Occupancy.
Nuisance
Po..ible Fire Hazard.
Saoke Oetectors Required.
Address required on all,buildinq.
Supplement: "-,, ", fvA.~-
e" t."J II" 11_'" L'"tr
" \J
inadequate tence
.
All Code. are adopted by and are a part ot the San
Bernardino Municipal Code (SIKe 15.04.020).
'1'H%S INSPECTION REPORT WAS GIVEN '1'0:
xx A property owner
B ..naqer
C tenant
~ by h~nd de+iverv
.:- ., l..:4i.'
yy P certitied _i1
on
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June 22,
19 90
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CITV OF
San Bernardino
DI~ARTMINT 0' 'LANNING AND .UILDINQ SIRVIC.'
LARRY E. REED
DIRECTOR
July 9, 1990
William B. Fields
2864 North 'E' Street
San Bernardino, CA 92404
2864 North 'I' Street
San Bernardino, CA
APN' 149 072 04
PROJECT NO. 89-3610
Pursuant to action of the Board of Building Commissioners
taken on July 6, 1990 , a nuisance was found to exist at
2864 North 'E' Street , San Bernardino, California.
Certain costs were incurred to.abate the nuisance and are
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:
Q.
......-
Code
IJ. ~~~-~1
Compliance Officer
Approval:
or
cc:
City Attorney
City Clerk
Finance Department
300 NORTH 0' STREEr, SAN BERNARDINO.
CALIFORNIA 924'1.0001 (714)3....10711...7
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. City ot San Bernardino ~
Departm ot Planning and Buildin~service8
Cod. Bntorc...nt Division
Statement of Costs
.
The undersiqned respectfully submits the following statement
of costs incurred by the City of San Bernardino in abating
the public nuisance that existed on the property located at:
Property Address: 2864 North 'E' Street
Owner: William B. Fields
Mailing Address: 2864 North 'E' Street San Bernardino, CA 92404
Parcel NUmber: 149 072 04
Project Number: 89-3610
Legal Description: No 1733 Thompson Bros. Poultry Colony Unit No.1 Lots 10
and 11 Blk 2 CX W 25 ft.
ITEMIZATION
Department of Planning and Building Services costs:
Title Research
Notice of Pendancy processing Fee
City Clerk Administrative Costs
Contractor's Costs
Administrative Costs
Public Service Department Costs
$
$
$
$
40% $
$
Costs_$
25.00
125.00
22.00
406.76
1,423.67
Total
Previous costs incurred:
Date
Date
Amount $
Amount -$
Total Du. $ 1,423.67
Date: July 9, 1990
.
By:
Approved
Comp ance 0 ficer ,
BY:~~1l ;:/,. [tlft.u{
Code o~plianc. Supervisor