HomeMy WebLinkAbout20-Code Compliance
. ell'Y\ OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bill Skiles
Su~ect: Appeal of the Board of Building
Commissioners Order Number 3927.
Dept: Code Compliance Division
Date: February 5, 1997
MCC DATE: February 17, 1997
Synopsis of Previous Council action:
N/A
FEB 0 5 1997
Recommended motion:
That the Mayor & Common Council deny the appeal and uphold the order of the Board of
Building Commissioners, as described in Order Number 3927, dated December 20, 1996.
Signature
BILL SKILES, MANAGER, CODE COMPLIANCE DIVISION
Contact person:
Bill SkileH
Phone: 384-5205
Supporting data attached: Staff report and attachments
Ward: Seven
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262
Agenda Item No.
;'/17197
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.~O
CiTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MAYOR AND COMMON COUNCIL MEETING OF FEBRUARY 17, 1997
BACKGROUND
10-14-96 Proactive inspection found unmaintained landscaping. The
front and side yards were barren and lacking landscaping.
Weeds, trash and debris were scattered about both yards.
A Notice to Abate Nuisance was posted on the property.
10-15-96 A 10 Day Notice to Abate Nuisance was sent via Certified
Mail to Larry Koch, 711 E. Phillips Blvd., Pomona, CA
91766.
10-31-96 A re-inspection determined non-compliance.
11-06-96 A property profile was obtained to identify the owner and
all vested parties.
11-13-96 A Notice of Hearing before the Board of Building
Commissioners was mailed to the owner and all vested
parties. Signed receipts were returned from Mr. Koch and
a Notice of Pendency was filed.
12-05-96 The BBC approved staff recommendations with Mr. Koch
present as referenced in Order Number 3927.
01-13-97 A re-inspection found broken windows, missing outside
lighting, and light graffiti to rear of building on
Apartment "A". Full compliance has not been obtained and
the property is now in violation of BBC Order No. 3927.
02-04-97 A re-inspection of Apartment "A" shows the window was
replaced. Most of the cross-fencing is still up. There
is some damage to Apartment "D" including light trash and
debris, graffiti, and missing outside lighting.
APPELLANT STATED GROUNDS OF APPEAL
1. Owner alleged insufficient time to respond to
October 13, 1996 notice because he had relocated
and the notice was forwarded to new address.
2. Owner stated that photographs presented as evidence
at the BBC Hearing were not current and therefore,
not relevant.
3. Owner asserted that adjacent property owner should
have been cited because majority of litter problem
was caused by their tenant.
75-0264
CITY 'OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
CASE OVERVIEW
Subject Property:
2084 Sunrise Lane
'Property Owner:
Larry Koch
Current Address:
692 Alta Drive
Pomona, CA 91767
Fees Owed:
$491. 60
The propgty is in a High-Density Residential zone in the
Arden-Guthrie area, improved with a four-plex rental.
The owner, Mr. Larry Koch obtained title to the property
approximately January of 1995.
On 11-6-96 a title search for the property located at
2084 Sunrise Lane revealed that Larry Koch is the owner
of property. Based on the address information contained
in the title report, notice was served on 11/13/96 to Mr.
Koch (via Certified Mail) at 711 E. Phillips Blvd.,
Pomona, CA 91766. Mr. Koch failed to comply with the
notice to correct the violations.
Mr. Koch has been aware of on-going maintenance problems
at his property. In February 1996, Code Enforcement,
Police and Fire Departments conducted a joint inspection
of. his property. At that time, Mr. Koch was advised by
staff, of the importance of property maintenance. From
February 1996 Code Compliance staff continued to monitor
his property noting that his property would fall in and
out of compliance. At present, Mr. Koch has not
completed a successful property maintenance or management
plan, therefore requiring staff to continuously monitor
this property. On December 5, 1996, after hearing
testimony from staff and Mr. Koch, the Board of Building
Commissioners ordered Mr. Koch to abate public nuisance
conditions within 10 days. Mr. Koch has failed to comply
with the Board of Building Commissioners order.
75-0264
APPBLLANT'S ACTIONS SOUGB'l' PROM MAYOR AND COMMON COUNCIL
Asking that the incurred costs be waived.
STAPP ANALYSIS
Mr. Koch was aware of the violations dating back to February 7,
1996. At that time, Police, Fire, and Code Departments were
conducting a property survey. Mr. Koch was called out to the
property by one of the tenants. He then acknowledged the violations
that were personally pointed out by the various departments. From
that time on, Mr. Koch knew of the violations, some items were
fixed and repaired, some were not. To this date, the landscaping,
trash and debris are still a problem.
~
The fees owing are based on direct cost of staff time and supplies
used in effort to gain compliance from the owner.
STAPP RBl'"nln..ur"'....ION
That the Mayor and Common Council deny the appeal and uphold the
Order of the Board of Building Commissioners as described in Order
Number 3927 on December 20, 1996.
A'l'Tll.I'"JIMJI!U'rOS :
1. 10 day Notice.
2. Notice of BBC.
3. BBC Order Number 3927.
.
4. Letter of Appeal.
I
ATTACHMENT "A"
CITY OF
~an Bernardino
DEPARTMENT Of PLANNING & BUILDING SERVICES
CODE COMPliANCE DIVISION
1909) 384-5205
OCTOBER 17, 1996
LARRY KOCH
711 E. PHILLIPS BL.
POMONA, CA 91766
RE: 2084 SUNRISE LANE
SAN BERNARDINO, CA
CASE: 94-172
COMPLAINT: 47307
OFFICER: B. BENE
Dear OWner(s):
THIS NOTICE is hereby submitted to you as owner(s) of the above
referenced property.
A recent inspection of your property revealed conditions in
violation of the San Bernardino M~nicipal Code 15.04.020. You are
required to correct these violations within TEN (10) DAYS from the
date of this notice. Your property will be reinspected to verify
compliance after the ten (10) day time frame has lapsed.
VIOLATION(S) AND CORRECTIVE ACTIONS REQUIRED:
MULTI RESIDENTIAL (15.24.050)
A1 LACK OP LANDSCAPING
FRONT AND VISIBLE SIDE YARDS SHALL BE LANDSCAPED WITH TREES,
SHRUBS, GROUND COVER, DECORATIVE ROCK, REDWOOD BARK AND/OR LAWN.
A2 tlNMAINTAINED LANDSCAPING
TREES, SHRUBS, LAWNS AND OTHER PLANTINGS SHALL BE MAINTAINED,
INCLUDING REGULAR IRRIGATION, PRUNING AND CUTTING OF LAWN.
A4 TRASH, DEBRIS AND LITTER
PROPERTY SHALL BE FREE OF ANY ITEM CAUSING AN UNSIGHTLY APPEARANCE.
PLEASE REMOVE TRASH, LITTER, DEBRIS OR OTHER ITEM CAUSING AN
UNSIGHTLY APPEARANCE.
The building and or property has been posted:
Pre-permit inspection required:
YES
NO
Failure to correct the listed violation(s) within the time frame
indicated, will result in the City initiating abatement proceedings
to correct the violation(s) .
If the City is forced to proceed with the abatement proceedings,
the owner(s) of record will incur the following direct costs:-
AI Boughey, Director of Planning and Building Serv;ces I Debra L. Daniel. Code Compliance Supervisor
300 North '0" Street, San Bernardino, CA 92418
PAGE TWO
CASE: 94-172
2084 SUNRISE LANE
- Proceeding Establishment Costs
- Hearing Costs
- Attorney Fees
- Certified Mailing Costs
- Photograph Costs
- Staff Costs
Also, any additional costs assessed due to possible judicial
process. In addition to the above referenced costs, all contractor
abatement costs plus an additional 40% will be charged to the
property owner(s) as a lien upon the property and shall become the
personal obligation of the owner(s) of record.
By acting immediately to correct the violation(s) referenced, you
will avoid these and any future costs. If you object to the
determination of cited violation (s), you must file a written
protest to the City Clerk no later than ten (10) days from the date
of this notice.
If you have any questions please contact the officer assigned to
this ca.e between the hours of 7:30 - 8:30 AM and 4:30 - 5:30 PM at
(909) 384-5205. Please provide either the case number or the
property location.
Your assistance in supporting the Code Compliance Division to
maintain the safety and appearance of our city is greatly
appreciated. You may contact me at the above referenced phone
number if you require further assistance.
B. Be
Code Compliance Officer
BB:jr
CC: CITY ATTORNEY
CITY OF SAN BERNARDINO EDA, ATTN: ANGIE DARK
ATTACHMENT "B"
CITY OF
~an Bernardino
DEPARTMENT OF PlANNING & BUILDING SERVICES
CODE COMPLIANCE DIVISION
19091 384-5205
.
LARRY KOCH
711 E. PHILLIPS BL.
POMONA, CA 91766-4552
Date: NOVEMBER 13, 1996
Re: 2084 SUNRISE LANE
SAN BERNARDINO, CA
CASE: #94-172/COMPLAINT: 47307
OPPICER: B. BENE
PARCEL NO: 286-324-08
Dear OwnerC.):
THIS NOTICE is hereby submitted to you as owner(s) of the above
referenced property.
On OCTOBER 17. 1996 the property owner of record was notified via
certified mail that the above referenced property is in violation
of the San Bernardino Municipal Code 15.04.020. At that time it
was requested that the property owner perform certain corrective
measures in order to comply with the City of San Bernardino
Property Maintenance Standards.
On OCTOBER 31. 1996 a subsequent inspection revealed that the
required corrections were not completed. As a result of your
failure to comply with our first notice mailed, costs have been
incurred. A list of the current uncorrected violations are below.
You can avoid incurring further costs by meeting the following
requirements:
,
VIOLATION(S) AND CORRECTIVE ACTION REOUIRED:
MULTI RESIDENTIAL C15.24.050)
A1 LACK OP LANDSCAPING
FRONT AND VISIBLE SIDE YARDS SHALL BE LANDSCAPED WITH TREES,
SHRUBS, GROUND COVER, DECORATIVE ROCK, REDWOOD BARK AND/OR LAWN.
A2 UNMAINTAINED LANDSCAPING
TREES, SHRUBS, LAWNS AND OTHER PLANTINGS SHALL BE MAINTAINED,
INCLUDING REGULAR IRRIGATION, PRUNING AND CUTTING OF LAWN.
A4 TRASH, DEBRIS AND LITTER
PROPERTY SHALL BE FREE OF ANY ITEM CAUSING AN UNSIGHTLY APPEARANCE.
PLEASE REMOVE TRASH, LITTER, DEBRIS OR OTHER ITEM CAUSING AN
UNSIGHTLY APPEARANCE.
AI Boughey, Director of Planning and Building Services I Debra L Daniel, Code Compliance Supervisor
300 North 'D" Streer, San Bernardino, CA 92418
PAGE TWO
CASE: 94-172
2084 SUNRISE LANE
The building and or property has been posted: YES
Pre-Inspection report requi~ed : NO
If a pre-permit inspection is required, this is due to the
substandard condition and numerous violations observed at the time
of inspection(s). You are required to obtain a pre-permit report
from the Building Inspection Division located at 300 North "D"
Street, Third Floor, San Bernardino, CA 92418. This report
provides a detailed list of structural and property maintenance
violations which may require rehabilitation permits.
A hearing on this matter had been scheduled for THURSDAY, DECEMBER
S, 1996 at 9:00 A.M. before the Board of Building Commissioners, at
300 NORTH -D- STREET, CITY COUNCIL CHAMBERS, SAN BERNARDINO CA
92418. Evidence will be presented by staff at this hearing
pertinent to the abatement proceedings and direct costs incurred.
You have a right to present evidence at this hearing challenging
the abatement.
Based upon your failure to correct the violation, a Notice of
Pendency of Administrative Proceeding is being filed with the
County Recorder to give public notice of action taken by the City
of San Bernardino. A processing fee is automatically assessed at
the time of recordation.
,
The direct costs of the abatement proceedings incurred by the City
are attached for your review. If the abatement action and costs are
upheld by the Board of Building Commissioners, the City shall place
an assessment lien on the above property for all costs incurred.
That amount must be paid to the City Clerk's Office at 300 North
"r;" Street, Second Floor, San Bernardino, CA. ::;2418, within 15
days from the date of the Board of Building Commissioner's hearing.
If you disagree with the findings of the Board of Building
Commissioners, you may appeal your case before the Mayor and Common
Council. Your appeal must be in writing and is to be submitted to
the City Clerk's Office within fifteen (15) days of your hearing
date. A fee of $75.00 must accompany your request.
PAGE THREE
CASE: 94-172
2084 SUNRISE LANE
Your written appeal must include:
(1) Case number and property location
(2) Specific grounds for appeal
(3) Relief or action sought from the Mayor & Cnmmon Council
If you have any questions, please contact the Code Compliance
Division at (909) 384-5205 .
Department of Planning & Building Services
Code iance Division
B.
Code Compliance Officer
BB:jr
Att: STATEMENT OF COSTS
CC: City Clerk
CITY ATTORNEY
ECONOMIC DEVELOPMEN;!' AGENCY, ATTN: ANGIE DALK
DIRECTORS MTG., P.O. BOX 12012, RIVERSIDE, CA 92502-2212,
#8575839/VIC
CITY OF
~an
d DEPARTMENT OF PlANNING & BUILDING SERVICES
Rernar 1'nO CODe COMPlIANCE DIVISION
U (909) 3B4-5205
STATEMENT OF COSTS
AS PER COMPLAINT 47307 DATED 05/14/96
CASE NUMBER: 94-172
Location: 2084 SUNRISE LANE
Parcel Number: 286-324-08
Date: NOVEMBER 13, 1996
SAN BERNARDINO CA
The undersigned respectfully submits the following statement of
costs incurred by the City of San Bernardino as a result of
abatement proceedings recently completed at the above referenced
property.
Code Officer Costs:
Clerical Staff Costs:
Supervisor Costs
City Clerk Costs
Attorney Costs
Vehicle Mileage (REPEAT TRIPS)
Photographs $2.00 each
Title Search
Certified Mailing
Notice of Pendency
Hearing Costs
SUBTOTAL
DIRECT COSTS
$23.00 Hr X 3
$15.00 Hr X 2
$28.00 Hr X 2
$2.52
X 5
$ 69.00
$ 30.00
$ 56.00
$ 30.00
$ 40.00
$ 10.00
$ 44.00
$ 25.00
$ 12.60
$ 125.00
$ 50.00
$ 491.60
.50 per mile x 20
X 22
CONTRACTOR COSTS
Contractor: $
40% Administrative Costs $
Subtotal $
Previous costs incurred: CONTACT CITY CLERK'S $
OFFICE FOR THIS AMOUNT
Abatement Date:
Total Amount Due
----------
----------
$ 491.60
All costs not immediately paid will be recorded with the County Tax
Assessors Office as a lien upon the property, at which time
additional processing fees plus interest will be assessed.
If you have
of costs,
(909) 38 -50
any questions or need clarification of this statement
se contact the City Clerk's Lien Coordinator at
w't the case number and property address.
AI Boughey, Director of Planning and Building Services I Debra L. Daniel, Code Compliance Supervisor
300 North '0' Street, San Bernardino, CA 92418
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ATTACHMENT "c"
ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE ABATEMENT OF A PUBLIC NUISANCE
ORDER NO. 3927
CASE NO. 94-172
WHEREAS, pursuant to the San Bernardino Municipal Code, Title
15, Chapter 15.24, the Building Official has posted a building(s)
located at 2084 Sunrise Lane, San Bernardino, California, with a
"Notice to Abate Nuisance" and has notified the person(s) having
an interest in said property that the said building(s) or premises
constitute a public nuisance;
WHEREAS, pursuant to San Bernardino Municipal Code, the
Building Official has served a "Notice of Hearing Before the Board
of Building Commissioners of the City of San Bernardino", relating
to abatement proceeding, to the person(s) having an interest in
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
19 relevant evidence, objections or protests on December 5. 1996,
20 and;
21
WHEREAS, there was an appearance by Larry Koch, owner, having
22 an interest in the above property.
23 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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BOARD OF BUILDING
ORDER NO. 3927
PAGE 2
COMMISSIONERS
CASE NO. 94-172
SECTION 1. Based upon the evidence was submitted, it was
found and determined that the building(s) and or premises located
at 2084 Sunrise Lane, San Bernardino, California constituted a
public nuisance.
SECTION 2.
The Board of Building Commissioners accepted
staff's recommendations.
The property owner(s) are hereby
directed to comply with the following requirements. Within ten
(10) days from the date of this order, owner(s) of record shall
install and maintain the landscaping to include regular irrigation
and pruning, and shall remove all weeds, dry brush, overgrown
vegetation, trash, debris, or other items causing an unsightly
appearance. The property shall meet all applicable codes adopted
by the City of San Bernardino.
SECTION 3. Upon the owner(s) of record failure to comply
with the order of the Board of Building Commissioners, the Code
Compliance Division shall proceed to initiate abatement action by
obtaining an InspectionlAbatement warrant to abate violations
noted.
SECTION 4. It was determined that the City was required to
initiate abatement proceedings upon which the City incurred costs
in the amount of $491.60.
These costs and future related
abatement costs shall be the personal obligation of the owner(s)
and shall be placed as a lien on the above property.
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BOARD OF BUILDING
ORDER NO. 3927
PAGE 3
COMMISSIONERS
CASE NO. 94-172
SECTION 5. Upon receipt of an application from the person
required to conform to the order and by agreement of such person
to comply with the order if allowed additional time, the
Supervising Building Official may grant an extension of time, not
to exceed an additional 120 days, within which to complete said
repair, rehabilitation or demolition, if the Supervising Building
Official determines that such an extension of time will not create
or perpetuate a situation imminently dangerous to life or
property. The Supervising Building Official's authority to extend
time is limited to the physical repair, rehabilitation or
demolition of the premises and will not in any way affect or
extend the time to appeal the notice and order.
SECTION 6. Any person aggrieved by this order, may appeal to
the Mayor and Common Council by filing a written statement with
the City Clerk. The statement must include the order appeal, the
specific grounds of your appeal, and the relief or action sought.
This appeal must be received within fifteen (15) days from the
date of this notice dated December 20. 1996.
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BOARD OP BUILDING COMMISSIONERS
ORDER NO. 3927
CASE NO. 94-172
I HEREBY CERTIPY that the foregoing order was duly adopted by
the Board of Building Commissioners of the City of San Bernardino
at a regular meeting thereof, held on the 5th day of December 1996,
by the following vote, to wit:
COMMISSIONERS:
AYE NAY ABSTAIN ABSENT
X.
Alfred Enciso
Carol Thrasher )(
-
Amado Savala X
Larry R. Quiel )(
"Joetl V. C. Suarez, Jr. )(
Ruben B. Nunez ~
Herbert Pollock ~
Benjamin Gonzales >(
Leo Cash, Jr. .K.
The foregoing order is hereby
1996.
Ch
-1
man, Board of Bu 'lding Commissioners
Approved as to form and legal content:
::~' c&:y
I
~(Q)(P)W
ATTACHMENT "D"
692 Alta Drive
Pomona CA 91767
(909) 692-1476 h
(909) 397-4504
12/17/96
IfECEIVED-Crl'f ClEPt<
V7 JNl -6 A9:34
,'!ayor and Common Council
300 North D Street
San Bernardino, CA 92418
To Whom It May Concern:
I would like to file written app~al of
(1) the disposition in Case ,94-172/Complaint 43707 at 2084
Sunrise Lane, San Bernardino, CA 92410.
This case consisted of three complaints: Al - Lack of
landscaping; A2 Unmaintained Landscaping; & A3 - Trash,
debris and litter.
I wasn't accorded a proper amount of time to respond after
the Oct. 13th notice had been mailed because I have moved
and the notice was sent to the old address. I had to go to
the post office to pick up the notice, a delay of at least a
week.
The photographic evidence presented at the hearing was
prejudicial because it included photographs that were old
and had nothing to due with the present matter. These
included pictures of swamp coolers in the front yard that a
tenant had apparently stolen; photos of an electrical
junction that needed plaster patching (I had already
requested and paid for an electrical inspection before this
hearing), and broken windows that had already been repaired
(the hearing officer didn't point this out) and a photo of a
window that had been recently broken and patched by a tenant
who was being evicted. In sum the unrelated photos would
bias judgment.
Regarding the lack of landscaping. A tenant I had paid to
water the lawn hadn't been doing it. I explained this to the
hearing officer and told him I had hired another person to
maintain this. In conversation he told me he realized winter
was a poor time to start a new lawn and that he knew it
would take time. From this conversation I assumed I had some
latitude in beginning this task. In any case I have fenced
in and re-seed all lawns.
I
Trash, debris and litter is an ongoing problem. This is
something that needs to be rectified on an ongoing basis.
Any place can look bad if it is photographed before the
problem is cleared up. Trash clean up is a mutual
responsibility of the two facing apartments. There is only
one trash bin shared between the two apartments that I have
paij for for over a year because the other owner wouldn't
pay for his own. Two months ago he agreed to share costs. My
prime -:ontention is that the other owner should have been
cited because the majority of the problem was his tenants
fault and, again, for this not to have happened is
discriminatory.
There was some graffiti on my building which was only
visible from the alley. I am having the building re-painted.
I am asking that the fines and costs be waived because 1) I
didn't have the proper time to respond to the notice 2)
evidentiary photos had nothing to do with the notice 3)the
other owner should have been cited because the majority of
the litter problem was of his tenants.
~~
~arry ~ocn
.
.
CITY O~
San Bernardino
RACHEL
CLARK
CITY CLERK
January 8, 1997
Larry Koch
692 Alta Drive
Pomona, CA 91767
Re: 2084 Sunrise Lane - Parcel No. 0286-324-08 - Case No. 94-172
Your letter of appeal to the Mayor and Common Council of the action taken by the Board of
Building Commissioners on December 5, 1996 concerning the above-referenced property was
received by our office.
The appeal has been scheduled to be heard on Monday, February 17, 1997, at 10:00 a.m., in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418.
Enclosed please find the formal Notice of Appeal form required by our office. Please complete
this form and return it to the City Clerk's Office, P. O. Box 1318, San Bernardino, CA 92402
as soon as possible.
If you have any questions related to your appeal, please feel free to contact Code Compliance
at (909) 384-5205.
Sincerely,
(2O-.t-J....d-'~
~6hel Clark
City Clerk
cc: City Attorney
Mark Farrell, Code Compliance
Administrator's Office
Sandra Medina, AOS, City Clerk's Office
P. cEiles 0 x 1 3 1 8. SAN B E A N A A DIN O. C A I 2 4 0 2
300 NORTH . 0' STREET, SAN BERNARDINO,
CALIFORNIA 92418-0001 ('0')38..5002
('01)384.5102 FAX-Clo.)a84.515.
TDD/TlY -('01)384-5540
_________________________________________ Il()Et ()IlIlI<:EI lJSEI ()~1{ ----"~-- -------------------
Departments Receiving Date/Time Stamp:
<:opies:
()riginal to:
REctfvet-clt., Cl~~~
" fill -5 ./G
Payment Information:
Date of Distribution:
Last lJpdated: 3/26/96
Account 001-000-4303
CITY OF SAN BERNARDINO - NOTICE OF APPEAL
IMP()EtTANT INIl()EtMATI()N: Pursuant to <:ouncil Action, all Mayor and <:o=on <:ouncil
appeals must be f1led in the <:ity <:lerk's ()ffice accompanied by the appropriate fee.
<:omnlete All Information
Appellant Name
& Address:
Larry Koch
692 Alta Dr
Pomona CA 91767.5106
<:ontact Person
& Address:
("?Ayt€-
<:ontact Person Phone
Number: Day: q D 9 1, q \) _l~ Elvening: '10'1 f, ~ q - I Y r; 6
Affected Property
Address & APN #
?-6 reI
SUY\ rlJe
-Ft~ S'7'V\ ~r"'CH,r\Ih.O
,
Tvne of Anneal - <:heck ()ne:
Appeal to the Mayor & <:o=on <:ouncil:
(*Adjusted Annually)
_ Planning <:ommission ($122.00 *)
_ Building Abatement ($75.00)
Weed Abatement ($75.00)
Vehicle Abatement ($75.00)
Appeals to' Other Legislative Bodies:
_ Board of Building <:ommissioners (No <:harge)
_ Police <:ommission (No <:harge)
_ Access Appeals Board (No <:harge)
_ ()ther/Elxplain: (No <:harlZe)
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692 Alta Drive
Pomona CA 91767
(909) 692-1476 h
(909) 397-4504
12/17/96
ftEClIVED-crrr CUR/(
;." .. ; ,~ A9'1O'N
Mayor and Common Council
300 North D Street
San Bernardino, CA 92418
To ~om It May Concern:
:,it';'_~li~~lfiie ~l;tiEf~;~;r4>f' ;jf~~"
'-(l)'i\~edispoSition in Case f94-1'f2/Complaint
Sunrise Lane, San Bernardino, CA 92410.
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'43707 at 2084
This case consisted of three complaints: Al - Lack of
landscaping; A2 Unmaintained Landscaping; & A3 - Trash,
debris and litter.
I wasn't accorded a proper amount of time to respond after
the Oct. 13th notice had been mailed because I have moved
and the notice was sent to the old address. I had to go to
the post office to pick up the notice, a delay of at least a
week.
The photographic evidence presented at the hearing was
prejudicial because it included photographs that were old
and had nothing to due with the present matter. These
included pictures of swamp coolers in the front yard that a
tenant:had apparently stolen; phOtOS of an electrical
junction that needed plaster patching (I had already
requested and paid for an electrical inspection before this
hearing), and broken windows that had already been repaired
(the hearing officer didn't point this out) and a photo of a
window that had been recently broken and patched by a tenant
who was being evicted. In sum the unrelated photos would
bias judgment.
Reg~ding the lack of landscaping. A tenant I had paid to
water the lawn hadn't been doing it. I explained this to the
hearing officer and told him I had hired another person to
maintain this. In conversation he told me he realized winter
was a poor time to start a new lawn and that he knew it
would take time. From this conversation I assumed I had some
latitude in beginning this task. In any case I have fenced
i.J),~ ,Ie-seed all lawns.
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Trash, debris and litter is an ongoing problem. This is
something that needs to be rectified on an ongoing basis.
Any place can look bad if it is photographed before the
problem is cleared up. Trash clean up is a mutual
responsibility of the two facing apartments. There is only
one trash bin shared between the two apartments that I have
paid for for over a year because the other owner wouldn't
pay for his own. Two months ago he agreed to share costs. My
prime contention is that the other owner should have been
cited because the majority of the problem was his tenants
fault and, again, for this not to have happened is
discriDlinatory. .... ..... .. . ..... . .. ... .. . .
'. Th.~#;!!:.~~~::sCine graffiti on my[jW.lding.,.~~sotii:~t:. "k4~'i-;,
visible from the alley. I am having the 'building re;;;;painted. .
I am asking that the fines and costs be waived because 1) I
didn't have the proper time to respond to the notice 2)
evidentiary photos had nothing to do with the notice 3)the
other owner should have been cited because the majority of
the litter problem was of his tenants.
C;'~
Larry Koch
- . ~ .
"
CITY OF SAN BERNARDINO
MISCELLANEOUS CA~CEIPT
Date \ \ ~ 1~ <\
.
Received From ~C'>- ~ Y- C5lC ~
\M":::+- 0..~ ~~. \~~~~
~~"'" ~ "'\\0- ~ \t)\p
'\ 5 DOllarsa~
FO~~ ;~~~~~
.......
The Sum of
Cents
.~
Department
By
ACCOUNT NO.
li08/S7
tch: 14005
rans. Cod.: SF
ub
TOTAL
DISTRIBUTION: White - Customer; Canary - Cashier; Pink - Oepartment; Goldenrod - aept. Numeric Control
No.
693736
AMOUNT
2:35:56 ,,"
i
I
I
I
A.aunt: 75.00
692 AHa Drive
Pomona CA 91767
(909) 692-1476 h
(909) 397-4504
12/17/96
IfECtlVED-C!1'r CLEP/<
'VI .MN -6 A 9 :34
Mayor and Common Council
300 North D Street
San Bernardino, CA 92418
To Whom It May Concern:
I would like to file written appeal of
(1) the disposition in Case *94-172/Complaint 43707 at 2084
Sunrise Lane, San Bernardino, CA 92410.
This case consisted of three complaints: A1 - Lack of
landscaping; A2 Unmaintained Landscaping; & A3 - Trash,
debris and litter.
I wasn't accorded a proper amount of time to respond after
the Oct. 13th notice had been mailed because I have moved
and the notice was sent to the old address. I had to go to
the post office to pick up the notice, a delay of at least a
week.
The photographic evidence presented at the hearing was
prejudicial because it included photographs that were old
and had nothing to due with the present matter. These
included pictures of swamp coolers in the front yard that a
tenant had apparently stolen; photos of an electrical
junction that needed plaster patching (I had already
requested and paid for an electrical inspection before this
hearing), and broken windows that had already been repaired
(the hearing officer didn't point this out) and a photo of a
window that had been recently broken and patched by a tenant
who was being evicted. In sum the unrelated photos would
bias judgment.
Regarding the lack of landscaping. A tenant I had paid to
water the lawn hadn't been doing it. I explained this to the
hearing officer and told him I had hired another person to
maintain this. In conversation he told me he realized winter
was a poor time to start a new lawn and that he knew it
would take time. From this conversation I assumed I had some
latitude in beginning this task. In any case I have fenced
in and re-seed all lawns.
. .
Trash, debris and litter is an ongoing problem. This is
something that needs to be rectified on an ongoing basis.
Any place can look bad if it is photographed before the
problem is cleared up. Trash clean up is a mutual
responsibility of the two facing apartments. There is only
one trash bin shared between the two apartments that I have
paid for for over a year because the other owner wouldn't
pay for his own. Two months ago he agreed to share costs. My
prime contention is that the other owner should have been
cited because the majority of the problem was his tenants
fault and, again, for this not to have happened is
discriminatory.
There was some graffiti on my building which was only
visible from the alley. I am having the building re-painted.
I am asking that the fines and costs be waived because 1) I
didn't have the proper time to respond to the notice 2)
evidentiary photos had nothing to do with the notice 3)the
other owner should have been cited because the majority of
the litter problem was of his tenants.
C;' hfl.
Lar ry Koch