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HomeMy WebLinkAbout37-Planning CtTvC"6F SAN BERNARDINtP- REQ.EST FOR COUNCIL i>CTION f""ifm' ~Pt: Date: ._.04'- Larry E. Reed, Director :-:;:C'S.-/..);'Subj8Ct:"Appeal of Board of Building ,'- . . ~ommissioner' s Decision Planning & Building Services S':.? _,c, -" ';; ,j'Concerning 2607 North "I" Street September 6, 1990 Synopsis of Previous Council action: None. Recommended motion: o That the Board of Building Commissioners' finding of August 3, 1990, that the City had incurred costs of $240.80 for the abatement actions at 2607 North "In Street, and incur the costs of the City's abatement as a lien against the property and a personal obligation of the owner(s), be upheld. 4 ~h/ Signature Contact person: Dean Pagel or Jack Masters Phone: 5281 Supporting date attached: Staff Report, Appeal, and Ward: 5 Board of Building Commissioner's Order FUNDING REQUIREMENTS: Amount: $240.80 Source: (Acct. No.! 001 000 41733 Finance: .,f 77lt _r# (Acct. Descriotionl Revenue BBC oneil Notes: 75-0262 Agenda Item No---3 7 J;Il.. - - CITvQF SAN B.RNARDIN~ R.cQ.ST FOR COUNCIL ~TION o o c 75.0264 STAFF REPORT Subject: Appeal of the Board of Building Commissioner's order to abate a public nuisance, specifically, residential footings and foundations, located at 2607 North "I" Street. REOUEST The property owner, Mr. Roosevelt Miller, is requesting that the City waive setback requirements and that he not be made to remove the footings and foundations. BACKGROUND A Building Permit for a new single-family residence was issued to Roosevelt Miller on July 24, 1989. Excavation for footings was approved September 8, 1989. In response to a citizen's complaint on October 12, 1989, Code Enforcement Officer, Danny Nolfo, issued a Notice of Violation and a stop Work Order, based on improper construction. A letter with list of corrections to be made was sent to Mr. Miller from Mr. Dean Pagel, Building Inspection Supervisor on November 20, 1989. On December 11, 1989, Mr. Jim Shepherd, legal representative for Mr. Miller met with Mr. Pagel to determine the order of action necessary to proceed with construction. On December 28, 1989, Mr. Miller re-submitted building plans and was notified on January 4, 1990 the plans lacked required infor- mation necessary to approve plans and continue work. On June 7, 1990, Code Enforcement sent Mr. Miller a notice to remove footings and foundation as they were substandard and permits had expired. On June 14, 1990, the City of San Bernardino Department of Planning & Building Services received a letter from Mr. Miller asking for extensions to his permit and approval for alternative methods of construction. This request was denied since the case was already scheduled for a hearing before the Board of Building Commissioners (BBC). On August 3, 1990, the BBC upheld the Department's recommendation to abate the nuisance/substandard construction and that Mr. Miller reimburse the City for $240.80 of incurred costs. ANALYSIS A job site inspection revealed that the owner was mixing concrete by hand in a wheelbarrow. This method of construction leaves cold joints, rock pockets, and may other defects in concrete placement. If the footings are not properly constructed, it is useless to continue with the rest of the project. It is imperative that the first steps in the construction process be done correctly. OPTIONS AVAILaBLE o o o - - - o o o o The Mayor and Council may deny the appeal and direct Mr. Miller to remove substandard work done thus far, or uphold the appeal, allowinq the work completed to remain and allowinq owner to finish the house, or continue the case for thirty (30) days, and direct Staff to have an independent Enqineerinq firm inspect and brinq back recommendation to the City Council. RECOMMENDATION That the Mayor and Council deny the appeal complaints of allowinq shoddy workmanship buildinq construction. and not risk and improper Prepared by: Jack Masters, Senior Buildinq Inspector for Larry E. Reed, Planninq & Buildinq Services Director Exhibits: A - Letter of Appeal B - Board of Buildinq Commissioner's Order jmtb o o c o cJ'~ -0 o 0 J"t. L ..#'-. JJlSIf ~ 0 '.&. "-" . , /,f(JI #,.." or-,M A.t ~ ~ L. -'-1~.or.f(I(IH or.",., ~; ~/.!) ~g-~.I~.1 JI"_ ~/.!) ~g-.!//, ./.... ~6-~ RS'-IfD'/... .A.t ./_.Y.. 00 -'-11 .. N/N ~/.F) ""'-/D.1 ./.... , /R./.. -g-.A.t tt'I1 rI.-'-1~ .. JI.1t''>> ~1' III (tIaF) N~-AW SOP"A ... NIETCS "''''''A COlllAZOIill ANal:~C. 10" CO"'N.C~ ICIIIDI. CM.ItOIMA 1M _ ........... 1M ANTONIO... OAZA CJCcclomvc OI'PICllIt -LC.SE OllltCeT lItC~L" TO: D \.os ANQELeS a ....N ""ANCI.CO a OXN""CI Jesus P: "'TTAO C"I.TCT. lit. TICZON IIDIIIIII....YOlII:..._-..,..w Auqu.t 15, 1990 ~] ;':1 ~} f: ~ ;.~ 0'; rnJ ,,:3 I.... ..;j 1'; ," I:'! ,- "I -, " ,'0, . U - '- .... ~ " - I AUG 2 0 1990 .' The Honorable City Hayor The Honorable Member. of the City Council City of San Bernardino City Hall, 300 North 'D' Street San Bernardino, california ae. A..BAL of Roosevelt Killer, Jr., OWDer .roject Ho. '0-3748 (siaqle ~..ily aesideace) ri (V Oi~ s.~~ !~'~NA;1i:1INO O~?;-'~T~':~!,l'l" (~;.: "I.~"l~-:!NG & e:";,;.;,;,:.;G ;;'':'-;'~':Ct;S Your Honor.: This i. an appeal from the action/recommendation. of the Honorable Board of Buildinq Commis.ioner. of the City of San Bernardino, California after a hearinq h.ld in the City'. Council Chamber. on Auqu.t 3, 1990. .ackarOUDd tDrorm.~iODI The hearinq wherein Appellant, Roo..velt Miller, Jr., was qiv.n hi. day was conducted reqardinq placinq an a.....ment lien on Appellant'. property or buildinq under construction located at 2607 North "I" Street, San Bernardino, California for co.t. incurred ($ 240.80) a. a re.ult of an abatement action taken by the City'. Code Compliance Divi.ion aqain.t .aid property. The Buildinq Inspector'. Report dated July 9, 1990 has con.idered the project as Illeqal Con.truction, a violation of the Buildinq Code becau.e of "Inadequate foundation" and "cold joints in Footinq. - cem.nt not mixed properly - .ack crete not allowed". Aa~iOD/..aO".Dda~ioD. - 8uhj.a~ of a~D..ll Th. action/recommendation. of the Board of Buildinq Commissioners whic~ are the .ubject of this appeal are the fol1owinq~ A ATTACHMENT RAn o o c o - o o .0 I. Removal ot Concrete relative to the co14 joints in the tootinqs. II. owner must re-apply tor permit tor the rear yar4 cOMtructiop. III. Re4rawinq ot plans by an Architect or Enqineer. IV. Re-application tor .permi t usinq a Contractor. D i . au. . i 0 DI I. ...oval o~ COBar.~. r.l.~iv. ~o ~h. ao14 ioi~~. ill t:ha foot:illaa. This reco_enctation ot the Boar4 was base4 on the Department ot Bui14inq an4 Satety Inspect- or's Report statinq that "cement was not mixe4 properly - sack crete not allowe4". Appellant believes that the honorable Boar4 has been misle4 by this intormation ot the Buildinq Inspector which is inaccurate and incomplete. raatl The concrete on the tront halt ot the lot was purchased trom OWl Concrete Company in Rialto. Mr. Miller 4id not have a pump so he aske4 the operator.ot the mixer to extend his spout as tar as it would reach - 15 to 20 teet into his yard trom the tront ot the house in or4er to 40 the concrete mixinq on the jOb site. Mr. Miller has coples ot Mome ot the trip tickets ot the operator ot the concrete mixer,to prove this. He is willinq to have the concrete teste4 by an approve4 laboratory, it needed. II. OVDar .uat: ra-aDDlv for a.raft: for ~h. rear vard aOIl.t:ruat:ioll. Appellant believes that this is not necessary. When the oriqinal buildinq permit was issue4, it was determine4 that the plans coverinq the entire construction ha4 met the Code require- ments. .. -2- o o c o , - - . - o o o III. ..dr..illa o~ al.B. h9 aa Arahi~.a~ or -Ilgill..r. Mr. Mill.r do.. not obj.ct to this r.comm.nd- ation. Howev.r, this ..... r.dundant becau.. stat. Law do.. not r.quir. buildinq plan. to b. drawn by l&n archit.ot or .ngin.er, this i. more so and particularly in the ca.. of an own.r- contractor .ituation, such a. in this cas.. Th. own.r-contractor h.r. i. an Archit.ct and works with the City of Lo. Anq.l.. Departllent of Building and Saf.ty which has the .... function. as the San Bernardino Departm.nt of Buildlnq and Saf.ty. Hi. jOb, in fact, is, primarily to revi.w plans for building construction, approve th_ and issue the p.J:lllits. IV. Ra-aaalicatioll for a.raft. u.illG . COlltraator. App.llant may not object to usinq a Contractor but h. con.id.r. r.-applying and paying all the f... aaain for the peJ:lllits and plans, unrea.on- able and .xc.ssiv.. pl.as. consider the fact that the plans were approved by the Planning and Building Department of San Bernardino. A sizeable amount of money has b.en paid by the own.r to the City to obtain the p.J:lllit., and for the work already don.. Th. footinq excavations w.re inspected and approv.d. Th. proj.ct was reviewed by professional archi- tects and .nqineers and whatever def.cts if any there ar., were found to be repairabl.. a 1:1 D . . 11 If it would not b. wastinq tim., your Appellant i. willing to be int.rvi.wed by, or have an audience with your honors. But, perhap., this will not b. n.c.s.ary if, hop.fully, your honor. should find this appeal m.ritoriou. vi. a vis the honor.bl. Board of Buildinq Commission.r.' r.comm.ndation. which are quit. unr.asonabl., .xc.ssiv. and impoaitory. -3- o o o Q - o o o The toregoing considered, it is most respecttully pray.d that the Board's action b. count.rmanded or revoked. Respecttully yours, ~ U' !J#tLo ~ tt~rn.y At Law cc: Board ot Building Commissioners Departm.nt ot Building and sat.ty...... SN:tdb . -4- o o o 01 18 19 20 21 BO~ OJ' OLDXlla(>JDa88J:Ona. __~.. 0 oltD.a 110. 1439 UWOa'l' 110. 3748 2 3 01tDD OF THE BOARD. OF SUrLDrNG COMMrSSrONERS OF THE CrTY OF SAM BERNARDrNO AU'l'HOlUZrNG THE ABATEMENT OF A PUBLrC NUrSANCE. 4 , 6 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 15, Chapter 15.28, the Building Official has posted a buildinges} located at 2607 NORTH "I" STREET , San Bernardino, California, 7 9 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 persones) having an interest in I' the above property, and has prepared a declaration of mailing of 16 the notice, a copy of which is on file in these proceedings; and 17 WHEREAS, a hearing was held to receive and consider all relevant evidence, objections or protests on AIlr,IIQ , , 19...2ll.., and examined the evidence offered by the parties relative to the alleged public nuisance, 22 WHEREAS, the Board of Building Commissioners heard the test- 23 24 2' l6 27 28 imony and examined the evidence offered by the parties relative the alleged public nuisance, to I I f IIII . IIII I i IIII -1- ATTACHMENT "B" o o o 01 -- - BOARD. ...' BUroIJlG Ol'OOJOU88IORB ORD.. 110. 1439 o 0110.'1' 110. 3748 2 3 NOW, 'l'HEREPORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOW: 4 SECTION 1. Based upon the evidence submitted, it was found and determined that the buildinq(s) andlor premises located at 2607 NORTH "I" STREET , San Bernardino, California, constituted a public nuisance for the reasons set forth in Exhibit "An, attached hereto and incorporated ~erein 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 $ 240.80 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 AIIGIIST 9 1QQn, appeal to the Common Council by filinq with the City Clerk a written statement or the order appealed from the specific qrounds of appeal and the relief or action souqht from the Common Council. I i IIII 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CE:102 -2- o o c 01 20 21 22 23 24 2S 26 27 28 ~ lb - - 2 3 BOAlwJ 0., OLDIllcaOJalI88IOnJb. OItDB. BO. 1439 o "l'Oft 110. 3748 4 I HEREBY CERTIFY that the foreqoing order was duly adopted by the Board of Building Commissioners of the City of San 5 6 Bernardino at a REGULAR meeting thereof, held on the 3rd , 19~, by the following vote, to wit: day of AUGUST COJDII88Ionasl AS8TAIII ARSBIfT Chairman-Warren Miller AIl ~ IU 7 8 9 Dan Westwood ...JtC.. 10 William Ponder ....c:::::.: 11 12 Jack Hunt ..L ..L Benjamin Gonzales 13 Manuel Flores v 14 Herbert Pollock -&::::: is 16 17 Gene pensiero ..L Gary Lord ~ 18 ,;r.-t:, .~ - L .~,a.: - 0_ CLERK, BOARD OF BUILDING COMMISSIONERS this ,.3rd day of AI.(.tIwt, / {? , 19 The foregoing order is 19~. COMMISSIONERS Approved as to form and legal content: ::S liZ' I City Attorney IIII IIII CEIBBC o o . CITY 01" SAN~BERNARDINO DE1._~P G AND SA! .:Y -300~Ofth - S~.1: SAN BElurARDINO, CA 92411 EXJaBJ:T -A- o An in.peat1cm ... aad. o~ ~. below Hntioned .tl"\lc1:ur.C.) and/or pr_b.., ,and 81Ib8~ conclit1ona which sball includ. but not b. limited 1:0 tile" ~ollovin9, w.re ob..zoveel. - 'l'h. ownere.). and all intere.teel partie., a. indicated on ~e Title Report, were sent a certilied ..11il\9 of ~e.e condition.. - 'l'he reco...ndation i. to incur all current and future cost in tne fonn of a lien on the property or a personal ooligation of the owner(s). ~ All such suJ:).tandard buildinq. or premise. are hereDY declareel to be public nuisances and such nuisance. shall b. abated by the repair, removal or demolition o~ sUch'un.ate buildinq. by ~e proper procedure. Permits are required prior to startinq repair or demo- lition work. . .:rO'1'AL COSTS INCURRED TO DATE: $ ~ L{ o. 8'0 OWNER /l co ~ ~ ue If- 111 fI..~ J~. LOCATION Z C;:C 7 "L/. r Sr. ADDRESS f&J'Ic (i.':.J./""t"dl.f!~k PKtt."v, ASSESSOR'S NO. It( <j /3 I Z. 7 CITy,,-'..;;r(h/'~I"? .t!", 9179c TYPE/BLOG )I/7'~/.r r.]/'l)/v KJes-. . PHONE NO. VIOLATION rll..?~;J / e...,,~ sT/J.vdIC/1 DATE OF INSPECTION ~-e'(-Y'C DATE PREPARED 7-C? - 9C o IT!:M NO. c SUBSTANDARD MOnaINQ (Inad.aua~. Sani~a~ionl- UHC CR. 10 sEcrroN 1001 1. Lack ot or improper water closet, lavatory, bathtub or shower in dwellinq. Z. Lack ot or improper kitchen sink or drainboard in dwell- inq. 3. Lack of hot and cold runninq water in dwellinq. 4. Lack ot adequate heatinq facilities. 5. Lack o~ or improper operation ot required ventilatinq equipment. S. Lack ot minimum amounts ot natural liqht and ventila- tion. 7. Room and space dimensions les. than required by code. 8. Lack of required electrical liqhtinq. 9. Dampne.. ot habitable roo.. 10. Inte.tation of insects, verain or rodents. 11. General dilapidation or improper maintenance. 12. Lack of cOMec1:ion to requireel sewaqe disposal system. 13. Lack of ..intenance of .eptic .y.tem. 14. Lack o~ adequate qarbaqe and rubbish storaqe and removal ~acilitie.. 15. Inadequate hou.ekeepinq - tra.h, qarbaqe, etc. o o o All Code. are adopted by and Bernardino Municipal Code C SBHC INSP~~ION REPORT WAS GIVEN TO: ~ A property owner B manaqer C ~enan~ D by hand delivery E requ-larmaU X P certitied mail r/3 o 1. 2. 3. 4. 5. .. 7. I.' ,. . 10~ 11. )( 1. 2. 3. 4. 5. s. 1. 2. 3. 4. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. s. 7. 8. 9. THIS on STRUCTtnU\L ~ARDS ~ Open a va . Fire db"aqecl eru= . . BZ'OJcen door. and vindows. %11eqa1 addi~ion Cboo~leq) :Z:nadequa~e veather pro~e=ion (root 1eaJcs, e=.) rRAdequa~e tounda~ion. .a99inq tloor8. .Inadequa~e ra~-proofinq. oChilllney .~ru=ure unsound. . '1'eZ'lllite damaqe. S~ruc~ural: inteqri~y que.~ionable. PtnMJlltNt: (~, Wa~er hea~er illeqally in.~lled in bath or bedroom. Wa~er he.ter has no T , P valve or sei.mic tie down.. LeaJcinq/broken/pluqqad sever drains. Leakinq and/or broken pipe.. Cro.. connec~ed plumbinq. Yard sprinJclers must have vacuumn breales. M!!CHAHICAL fUMe\ Illeqal qa. heater or appliance. Improperly vented vater heater. Inadequate or missinq qa. shu~ oft valve. COmbustible. stored too near heatinq appliance.. EL~CTRICAL (N~Cl OVertusinq - branch circuits not to exceed 15 amps for liqhts and 20 amps tor receptacle.. Kissinq electrical covers or tix~ures. Inadequate outlets. Electrical service entrance is inadequate. Hazardous or illeqal wirinq. C:EN~RAL , saMe, Pools - staqnant water inadequate qate Not to be occupied until corrections are made. Certificate ot Occupancy required. Improper Occupancy. Nuisance Po.sible Fire Hazard. Smoke Oetectors Required. Address required on all buildinqs and/or a arements. Supplement: t! . ,,;f.$ ~ r/;~tI.s t:!~_*.. ""', REi'OR'l' NOjl." - Sf TC inadequate tence . I. are a part ot the San 15.04.020). 19~ .Qtn fl. iieo4~. INSPEC'l'OR SIGNATURE o o o o o -- o o CITY OF San Bernardino '. O."..IIITIII"T 0' 'LANNING AND IUILDUIQ '."VIC.I LARRY E. REED DIRECTOA hc.;'()s-elie l-f M;II~r- .Jr". . 1'140 WaJnu.t" Ci-~o(I<'. fKvJV \\lfst (ovlnQI (Ii 'lO'lu Au~ust 3/ {4'l.O 2~c'1 M:dh 'I' Sf. San Bernardino, CA APN# 14'1. /.3/ -27 PROJECT NO. 37'16 Pursuant to action of the Board of Building Commissioners taken on AUjlj,.s+ :3. 1'1'10, a nuisance was found to exist at 2<..-C'1 NC'd-h '..1' St..-"...t , 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 Buildinq 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: f' <o'f AI.., --r- / .,,{;-..---/~ . < - J _t..~--e~ Code Compl1ance Officer/ Approval: -r.... .~J .._ ;.' _-:t:-:<>;. _ ..... ,..-', ~.,. ~ ......... . -'II _., .'.~",. ."", '. - ......-.......... ~-' '<............-"...:..........-..."", Code Compliance Supervisor cc: City Attorney City Clerk Finanee Department 300 "'lOATH CALIFORNIA :~.' ..' , ........:. ",.:; O' S T R E E T . 12411.000t SAN IE"NARDINO, (7 , .) J' .. .. ., 11 . . . ., .~ .- o o o The undersigned respectfully submits the followinq statement of costs incurred by the City of San Bernardino in abatinq the public nuisance that existed on the property located at: . Property Address: Z(pc1 -rJ&)th :.;' 4t"l.l.d" - xfa,,- 'lJJ/)fl(J/)d'IW, ~ l2CirJ.tw:l.t- mdlt) Cf . ,q40 L()a..1nu.f t!.Luk. PhuJt;j - ~t JLlq~J3J~Z7 31 LfB Leqal Description: tG-t;:{ , I.3J./) 6'4 Kanoho ;dtln {to. p\ /nap: /Li<!..&"!de..tL ",.:.. J3d-k 1 ~ Z V1... -d,(. "6JL ( C!-L !'J. -tit{ f!.ht/TUA IZt.. ~ #1dt,-) . - (J lTEMIZATIO!t' o ......i tJ' n s_ .t"'\.ar4bo DeparaaeJlt of ~l&iD9 ~ 81I:1.14iJl9 Ser9'ices C04e BJlforc..eJlt Div:l.sioJl Statement of Costs . . OWner: Kailinq Address: Parcel Number: Project Number: Department of Planninq and Buildinq Services costs: Title Research Notice of Pendancy Processinq Fee City Clerk Administrative Costs Contractor's Costs Administrative Costs Public Service Department Costs $ $ $ $ $ $ Total costs_$ 25.00 125.00 22.00 "S.~ 2..40.fO 40' Date: S/-a jqi) By: ten H. J-J.7r! 0. t~_ . .a- Code comp1ia=";ffi~ 0 Approved By:~" .. '- .~ Code Compliance Supervisor o . (lovtflCL ql1~( ~na;"'d, Ob mtt-p.:.