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Home My WebLink About13-Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Fruin: Michael Hays, Director Subject: Appeal of BBC Order No. 3887 Regarding Property Located at 100 W. Hospitality Lane Dept: Planning aDd Building Services cg(Q)~)f Date: April 29, 1997 MCC Date: May 5, 1997 Synopsis of Previous Coundl Action: January 13, 1997 January 27, 1997 February 17, 1997 Continued to January 27, 1997 Continued to February 17, 1997 Continued to May 5, 1997 ]b..nmmended Motion: That the Mayor and Common Council uphold Order No. 3887 of the Board of Building Commissioners and deny the appeal. ~~ Contact Penon: Michael HlIys Pbone: 5357 Supporting Data Attl'ched: Staff Reoort Ward: 3 FUNDING REQUIREMENTS: Amount: Nt A Source: (Aect.No.) (Aect. Description) Finance: Council Notes: 5Wn AGEN>A mMNo.13 ,---- :nY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Appeal of Board of Building Commissioners Order No.3887 regarding building code violations (unpermitted construction/expansion of nightclub) at property located at 100 W. Hospitality Lane. BACKGROUND March 6, 1996 In response to a complaint, Senior Building Inspector Jack Masters, inspected the property located at 100 W. Hospitality Lane with the appellant's attorney, Mr. Walter Tribbey. He observed building code violations on the property. Specifically, Mr. Masters noticed that a large room on the east side of the building had been converted (remodeled) for use as part of the nightclub without required building permits or inspections. This room had formerly been vacant and had not been used as part of the nightclub operation, as verified by the approved plans for the remodel of the building in 1993. In fact, the Conditions of Approval for CUP 93-21 provide that "(future) use of the 2747 square feet of pool, steam room and sauna area shall require the review and approval of the Planning Division through the Development Permit process." This restriction was imposed because of insufficient parking for the facility. In addition, the inspector noted that an exterior canopy had been installed without permits. March 7, 1996 As a result of the inspection, Mr. Masters posted the property with a Notice of Violation and sent a copy to the property owner, Gerald Mattingly, via certified mail. Service was acknowledged. (See attachment G) April 17, 1996 A second Notice of Violation was issued to the property owner, service being accomplished by posting a copy on the building and mailing a copy by certified mail. Service was acknowledged. (See attachment F) August 19, 1996 The Department received a title report indicating that Elizabeth Hough and Gerald Mattingly are the owners of the property. No other interest holders are identified in the title report. October 28, 1996 The Department notified the property owners of the BBC Hearing on November 7, 1996. The Notice of Hearing was posted on the building and copies sent by certified mail to the owners, and attorneys Walter Tribbey and Roger Diamond. Service was acknowledged. (See attachment E) October 31, 1996 Attorney Roger Diamond sent Inspector Masters a letter stating that Mr. Welty, the president of Manta Management, was interested in obtaining. the required permits and paying the incurred costs ($325.41) to resolve the matter without a hearing. Another letter (also dated Oct.31, 1996) from Mr. Diamond stated that he objects to the notice for the November 7th BBC Hearing and that the statement of incurred costs was not complete. (See attachments F and G) November 7, 1996 The Board of Building Commissioners made a finding that the property constituted a nuisance and adopted staff's recommendations and ordered the owner(s) to comply with the following order: "That the owner shall obtain a Special Investigation within 10 days from the date of this order, submit plans for approval within 30 days from the date of this order, and obtilin permits for the unpermitted construction within 90 days from the date of this order, or if the owner elects not to obtain the required permits, he shall remove the unpermitted construction within 30 days form the date of this order. " The BBC order is dated November 13, 1996. (See 8tf'1r.hment B) Also, as a result of the owners' failure to comply with the Notice of Violation within the specified time frame, the Board confirmed the costs of abatement incurred by the City in the amount of $325.41. November 27, 1996 Attorney Walter Tribbey filed a letter of appeal on behalf of Manta Management, the "lessor" of the property. (See attachment A) APPELLANT'S STATED GROlJNDS OF APPEAL 1. The appellant contends that "it was given no 'Notice of Hearing' of the alleged hearing conducted on November 7, 1996 and therefore was unable to appear and protect its interest in the matter. 2. The appellant further contends that the 1'10perty is not being maintained in violation of the San Bernardino Municipal Code and therefore is not a nuisance. ACTION SOUGHT BY APPF.I.I.ANT FROM THE MAYOR AND COMMON COUNCIL Not Specifically Stated. Although, the appeal does state that "Manta Management seeks an opportunity to cure any complaint the Building Commissioners have with respect to this PlUperty" . ANALYSIS 1. According to Attorney Tribbey, Manta Management is the lessor of the property and they assert that they were not notified of the November 7th BBC Hearing. The San Bernardino Municipal Code, Section 8.30.040A requires the City to notify the owner, lien, mortgage, or trust deed holder or lessee as ascertained from the title company records. The City obtained a title report on or about August 19, 1996, which only revealed the owners, Elizabeth Hough and Gerald Mattingly, as having an interest in the property, and the owners were notified. Further, in addition to sending notice to the owners, the City also posted the propert)' to put any tenants on notice of the pending City action and sent notices via certified mail to their attorneys. Also, despite Attorney Tribbey's claim that Manta Management did not receive notice of the November 7th BBC Hearing, Attorney Diamond's letter dated October 31, 1996, stating that Mr. Welty, the president of Manta Management, is interested in resolving the matter without a hearing, suggests otherwise. In addition, the San Bernardino Municipal Code, Section 8.30.040 (c) states: "The failure of any person to receive the Notice shall not affect the validity of any proceedings under this Chapter." 2. Appellant contends that the property is not a nuisance, however he has not submitted any information or evidence that contradicts the BBC's finding. The Board determined that unpermitted construction existed on the property constituting a violation of the Uniform Building Code. San Bernardino Municipal Code Section 8.30.010 provides that public nuisances includes violations subject to abatement under the police powers of the City. The City is responsible for the enforcement of building codes in accordance with various statutes. STAFF RECOllrfMENDA TIONS That the Mayor and Common Council uphold Order No. 3887 of the Board of Building Commissioners and deny the appeal. ATTACHMENTS: A: Letter of Appeal from Attorney Walter Tribbey dated November 27, 1996 B: BBC Order No. 3887 C: Letter from Attorney Roger Diamond dated October 31, 1996 D Second Letter From Attorney Roger Diamond dated Oct. 31, 1996 E: Notice of Hearing dated October 28, 1996 F: Notice of Violation dated April 17, 1996 G: Notice of Violation dated March 7, 1996 .' /f?7/111 /7 LAWOFF/CEOF (g(Q)~W WALTER TRIBBEY 2061 Wright Ave. Suite A-3 La Verne, California 91750 Walter Tribbey November 27, 1996 V1A CBRTXPXBD ~L P 133 458 507 Mayor and Common Council City of San Bernardino c/o city Clerk of the city of San Bernardino 300 No. D St. San Bernardino, CA 92418-0001 Re: Order No. 3887 Case No. BI96-0007 Assessors No.: 141-412-38 Dear Clerk: RECEIVED-cm ClER/f '96 DEe -5 AID:56 Telephone: (909) 392-5811 Facsimile: (909) 392-5810 This office represents Manta Management, Inc., the lessor of the property located at 100 W. Hospitality Lane, San Bernardino, CA. Attached is a copy of Order No. 3887. The lessor hereby appeals the above order on the grounds that it was given no "Notice of Hearing" of the alleged hearing conducted on November 7, 1996, and was therefore unable to appear and protects its interest in the matter. The City of San Bernardino was well aware of the identity of the lessor. Further, the property is not being maintained and occupied in violation of the SBMC, and is not a nuisance. Manta Management seeks an opportunity to cure any complaint the Building Commissioners have with respect to this property. Please notify me of the date set for the hearing on this appeal. /7 ITV OF SAN BERNARDINO ftlSCELLANEOUS CASH RECEIPT \~\\ \ \ No. 693676 late 19~ ACCOUNT NO. AMOUNT he Sum of '\ 5 Dollars C)"t) Cents Z-~ ~~~~,:,tr~''-''t 12111'" ktclll 1315 TullS. rGde: SF Stub 1h4a:07 All laDl AIaulIt: ?:i.GO 'epanment TOTAL ~ 5" ~b :y JISTA.8UTION: Wi'll'. - Customer; C.n.ry - c......,: Pink - DelNrtntent; Gol..n, " /T11//1/ ~ ~ i r CITY OF San Bernardino DE'.RTMENT OF 'LANNING AND .UILDING SERVICES NOTIFICATION OF BOARD OF BUILDING COMMISSIONERS' ACTION Gerald F. Mattingly Elizabeth Gregg Hough 13432 Diamond Head Drive Tustin, CA 92680-4737 ATlON: 100 W. Hospitality Lane (\, . 0, CA 92408 (. \) SORS NO: 141-412-38 <." ~ ORDER NO.: 3887 . '\ \" CASE NO: B196-ooo7 OFFICER: J. Masters November 13, 1996 Pursuant to action of the Board of Building Commissioners' taken on November 7. 1996, in regards to the propeny located at 100 W. HOSDit.lllltv '.<Ine. Attached hereto is a copy of the Board of Building Comm;CS\Oners' Order, which states the findings of the Board 'and any required corrective actions. As owner and all vested parties of record you were notified in your previous Notice of Hearing that the Board's fmdings may be appealed to the Mayor and Common Council within fIfteen (15) days of the date of this notice. This appeal must be filed with the City Clerk's office, 300 North "D" Street, 2nd Floor, San Bernardino, CA 92418. A fee of $75.00 must accompany your request. The wrinen appeal should include: (a) Propeny location, parcel number, order number, and case number; (b) SpecifIc grounds for appeal; and (c) The relief or action sought from the Mayor and Common Council. If you have any questions regarding this appeal process, please contact the City Clerk's office at (909) 384-5002. By: cc: City Clerk City Attorney Interest Holder(s) 300 NOA'H '0' STREET. IAN IERNARDINO. C A L I FOil N I A I 2 4 . . . 0 0 0 1 II' .>> I'.. 1.7 1 , J' . 7 . FAX .1., J ,.. . I ... . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 --- r , c ORDER OJ' THE BOAlUl OJ' BUILDING COMMISSIONERS OJ' THE CITY OJ' SAN BERNARDINO ORDER NO. 3887 CASE NO. BI96-0007 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 15, Chapter 15.04, 15.24 and 15.28,.. the Building Official has posted a property located at 100 W. Hosnitalitv Lane. San Bernardino, California, with a "Notice and Order" and has notified the person having an interest in said property that the said building or premises is in violation of San Bernardino Municipal Code (SBMC) and constitutes 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 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; WHEREAS. a hearing was held to receive and consider all relevant evidence. objections or protests on Nov.mher 7. 1996; and, WHEREAS, there was not an appearance by any person(s) having an interest in the above property. NOW THEREFORE. IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1 - J'INDINGS: Based upon the evidence submitted, the Board finds that the violations noted in the Notice of Hearing do in fact exist on the property located at 100 W. Bosnitalitv Lane, San Bernardino. California. and is being maintained and occupied in violation of .. . . " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ r- ( BOARD OF BUILDING .ORDBR NO. 3887 PAGE 2 OF 3 COMMISSIONERS CASE NO. BI96-0007 the SBMC, and therefore constitutes a nuisance. SECTION 2 - ORDER: The Board Building staff's Commissioners of adopted recommendations. That the owner shall obtain a Special Investigation within 10 days from the date of this order, submit plans for approval within 30 days from the date of this order, and obtain permits for the unpermitted construction within 90 days from the date of this order, or if the owner elects not to obtain the required permits, he shall remove the unpermitted construction within 30 days from the date of this order. SECTION 3 - AUTHORIZATION TO ABATE: If the owner fails to comply with the Board's order within the time frame specified, the City may initiate action and abate the nuisance. SECTION 4 - CONFIRMATION OP INCURRED COSTS: Due to the owner's failure to comply within the time frame specified in the original Notice and Order, the owner shall incur all current costs of abatement in the amount of S32S.41 in the form of a lien or personal obligation, which if not paid, shall be recorded with the County Tax Assessor as a special assessment on the property. II II II II 1 2 3 4 5 6 7 8 9 10 11 12 IS 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -c:> ( BOARD OF BUILDING ORDER NO. 3887 PAGE 3 OF 3 COMMISSIONERS CASE NO. BI96-0007 SECTION 5 - RIGHT TO APPEAL: 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 number appealed, the specific grounds of the appeal, and the relief or action sought. This written appeal must be received within fifteen (15) days from the date of this order dated Nov~~.r 21. 1996. SBCTION 6 - 1SA'.uSION: 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. II II II II II ~ (::) (-. BOARD OF BUILDING COMMISSIONERS ORDER NO. 3887 CASE NO. BI96-0007 I HEREBY CERTIFY 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 7th day of Novam~er. 1996, by the following vote to wit: COJOa~SIONBRS: AYE NAY ABSTAIN ABSENT Alfred Enciso X Carol Thrasher -X Amado Savala .x Larry R. Quiel X "Joe" V. C. Suarez, Jr. X. - Ruben X. B. Nunez Herbert Pollock X Benjamin Gonzales X Leo Cash. Jr. .L , Board of Building Commiss1oners The foregoing order is hereby approved this ~ day of Nov--~er, 1lH. Approved as to form and legal content: JAMES BY: - 5. Receowd By: (Print _) .. Domestic Return Receipt . ..lJ. . '. ..t:..... i.l<,.._. ':,.'~~:.~r.~, ,-~' _~ . 0"_"_ /;.:~:-=..~.,\:...;:~ .' --..-'~ ... . "";;..,,,,~.')""'...t~~.....::_.,. .... c.' . ..ti:l:....._"'.......... ",.....,..'..',~......"'.. ..,~~~.'~c""':'''''t':;:'..:!.~~'(lllf'''_'''''l ,;'~~~~~.'.:;"'.'."an.~~~ti!i_._r~'w.:_.oin..un"~' '~"'''~',._., ~~ .._ ' "'~"M!\:'~!W'" ...."',.4........St~~iti&,..,... .-. ..-.,.~tJ~.._ r~;;r~~'~tD.~~'ci'~:~'4'~~~~ai~~14.,~~.~.' " .~''-: ~~t..;s:O>.,~;:~~. '-'" .=c.,.;~ . ,. ~'n.;..........:..j'...........;,;.;",....;;;;.,;;~...iio....=.. ,. ;."?;i,',...~Idied~ ....,.......,,~. _ .' . . .... . . """""".poalmaste, lor lee. . " a-:~~'."'~~""'_",.",.;;-=-;:'-L;...::,:,:;.~4j'~l..? ..ArtideNumbef ~~~.....lL"..,.,.I.~~.... . .j, t,~ ~'.- ~ .-.~-',..~..1',~....J'........4<..........., " .' -'. ..1~~~~itti..~~......;..J,.(~;;~.c~~~:'i" .,.' -'P''lS'l' Stllf '131f '.-;~~_->'..'.. _, i;'- _"', ,_~. ,i_"i:]i'~.'~\;:.!.;:S~~r'... '__:-~ ....;1,.... .... . -;.~?:i.ct!t'13~ifi:~et~~.:;;':!\,.....;~~ii,.,'. ..,j'.! 4b. ~ TYPe' j ~~.i~.,...;t-'.~~tt."..~';. ..~. O-S!:. .;:4,~.. .; .', .h~" " '.',. '". "'" ,. . . - '~.r::'!'t"t. ." '" . -, ;'--;~~O' .:~, -;.-: iiCER11F1ED '.' f . ~~~~.... . t.1.l"-:v~ ..-~ . '~'.lli.'-" .". . ~ ... . .' ....it:~~.iI ~ J..... .........:.;..... ..i~\~.~ '.~l ~l..~. ..~..~,,' 7..0....or. '.~ ~...~~~.: ... .. ....~?' ;'~. -...~~ .. ... .'. ,"..;.~:-~s;:. ~~'.: . ~. /!~...:;:~~~ ~.~~ ~}:~n:.~.~~~7~r.:~~... _ _.8/_ _ _ ..... . _' .. " t. ...""".... .....,." ;ro,....,.,,'.; . ."" ..~~;;.. A;\i-.' ,.... ,..(ONLY:/I1fK1. r -~ __peirJ.J :' . "- .'".~ -~... .::' ".., ....... ." '. ...".'. ~..:~.,..~~.. .... .:.-/\~::;..f\~;'~.:.~ :..::...~~;..... - .. ; .\ j:I:- "W''''''''_'''&j'' -'~~"'-"''i. .,. ;~~~~~::~: . .':(:'~~4:.\i_;~r- ~.r- . . ...:~;:...;....;..- /7///1'11 ~ .fD)[g@!gO\Yl[g~ Ul) NOV 0 6 1996 l!lj I \ '-AW O"'''',CE5 0" ROGER .JON DIAMOND cnv OF SAN BERNARDINO OEPARTMENT OF PLANNING & BUILDING SERVICES 2115 MAl N STREET SANTA MONICA. CAL.I,"ORNIA 80....015-2215 TEL.EPHONE 1310) 38e.32.. "AX (31014152.2031 13101 382-11028 October. ..31. 1996 Mr. J. Masters, Inspector Department of Planning & Building Services City of San Bernardino 300 North "D" Street San Bernardino, California 92418-0001 Re: Notice of Hearina for Hosnitalitv Lane Dear Mr. Masters: I have your Notice of Hearing regarding an allegation that permits were not obtained to open up a room and to build a canopy. Please let me know whether the obtaining of the permit is all that is necessary to cure this matter or whether there still must be a hearing. I believe that Mr. Welty would be willing to obtain the required permits and to pay the $325.41 costs to resolve this matter without a hearing. Please let me know whether this is agreeable with you. Sincerely, (?~~ ~b(~~fl ROGER JON DIAMOND RJD:jb cc: R. Welty " /711~" I fi))rn@rnfi\YIrnff)' 'JU MOV C 6 1996 ~ C \ LAW O,.JrtCES 0" ROGER JON DIAMONO CrTV OF SAN 8EIlNAIIl<INO DEPARTMENT OF PL'NN1NG & BUILDING SERVICES 2115 ,,",AIN STREET SANTA ....ONICA. CAL.I~ORNIA 80405.2215 TEI..E~MONE (3101 3tUt-32se ,.AX (310) 452-Z031 (3101 382-8028 October}l, 1996 Mr. J. ~~sters, Inspector Department of Planning & Building Services City of San Bernardino 300 North -DO Street San Be~ardino, California 92418-0001 Re: 10C Hosoitalitv Lane Dear Mr. Masters: I have a copy of your Notice of Hearing purporting to set the hearing on this matter for November 7, 1996 at 9 A.M. before the Board of Building Commissioners in San Bernardino. I respectfully object to your notice. Cos~s is not complete. The Statement of Moreover, there is currently pending Court a related matter involving the Bernardino. The City is represented Attorney Huston Carlyle. before the Superior City of San by Assistant City We tentatively have the matter set for Friday, November 15, 1996 at 1:30 P.M. in Department D of the Superior Court ir. San Bernardino. We are trying to get the matter advanced to Friday, November 8, 1996 at 1:30 P.M. because I have a federal court conflict on November 15. I note the hearing that you have set is for Thursday, November 7 at 9 A.M.. Perhaps we could have your matter set for Friday, November 8 in the afternoon after the court appearance in the Superior Court. - r" \ page 2 Oct. 31, 1996 lett:er cont'd. In the alternative, if Mr. Carlyle is ~greeable and if it is agreeable with Judge Carl Davis in Department D perhaps we could have both the Planning and Building Services hearing and the Superior Court matter on the same day November 7. If the Superior Court agrees then we could attend your matter first at 9 A.M. and then go right to the Superior Court to Judge Daivs' court. By copy of this letter to attorney Huston Carlyle I am respectfully requesting that he determine whether or not that Judge Davis is available" on November 7. Thank you. Sincerely, ~ T ROO~ p~,-,J RJD:jb cc: H. Carlyle, Asst. City Atty. Randy Welty Gerald F. Mattingly 13432 Diamond Head Drive Tustin, CA 92680-4737 I /t'"'' / - [ CITY OF San Bernardino DEPARTMENT OF PLANNING AND IUILDING SERVICES Notice of Hearing (Final Notice) . October 28, 1996 Property Owner: Gerald F. Mattingly Elizabeth Gregg Hough 13432 Diamond Head Drive Tustin, CA 92680-4737 Subject Property: 100 W. Hospitality Lane San Bernardino, CA Assessor's Parcel No.: 141-412-38 Case No.: B196-0007 Inspector: J. Masters Dear Property OwnerlInterest Holder: THIS NOTICE is hereby served to you as owner or interest holder of the above referenced property. An abatement hearing in regards to outstllnding violatioDS of the San Bernardino Municipal Code located upon the above referenced property has been scheduled for THURSDAY. NOVE~mER 7. 1996 AT 9:00 A.M. before the Board of Building Commissioners, at 300 North "D" Street, City Council Chambers, San Bernardino, California, 92418. Evidence will be presented by staff at this hearing pertinent to the outstanding violations and the costs of abatement incurred by the City. You may be, but need not be, represented by legal counsel. You may present any relevant evidence or have witnesses testify at this hearing to challenge the abatement. Based on the property owner's failure to correct the violations, a "Notice of PendencylNotice of Substandard or Dangerous Building" is being Filed with the County Recorder to give public notice of the action taken by the City. A processing fee is automatically assessed at the time of recordation. The direct costs incurred by the City for this abatement action are attached for your review. If the abatement action and costs are upheld by the Board of Building Commissioners, the City will place an assessment lien on the above referenced property for all costs incurred. To avoid the placement of the lien, the incurred costs must be paid to the City Clerk's Office at 300 North "D" Street, Second Floor, San Bernardino, California, 92418, within 15 days from the date of the Board of Building Commissioners ruling. 3ea 1lil:;lRrH '0' sr.EET. SAN BERNARDINO. "... ::... L I F 0 III H I A . 2 <&'..000' "") 21..107"'0.7-' A x CI.t) 2.4eSOIO - Notice of Hearing - If W. Hospitality Lane October 28, 1996 Page 2 of 2 r If you disagree with the decision of the Board, you may appeal your case before the Mayor and Common Council. Your appeal must be submitted in writing to the City Clerk within 15 days of the Board's ruling. A fee of $75.00 must accompany your appeal. Your written appeal must include the case number, property location, the specific items appealed and grounds the~efore, and the relief or action sought from the Mayor and Common Council. . . OUTSTAL'IDIN"G VIOLATIONS On March 7. 1996 the property owner of record was notified that violations of the San Bernardino Municipal Code exists on the property. The owner was requested to correct the violations within a specified time period. On ADril17. 1996 a subsequent inspection revealed that the requested corrections were not completed. The outstanding violations include the following: 1. Construction Without Required Permits or InspectiODS." [SBMC 15.04.020, UAC 301 (a) and 305] A. The 2,747 square foot room on the east side of the structure lias ben converted into usable space without the required building permits/inspections. B. A covered canopy has been constructed on the north end of the structure without required building permits/inspections. A Special Investigation must be obtained and completed prior to submitting an application for a building permit for an unpermitted structure. A Special Investigation can be obtained by submitting an application and the appropriate fee at the planniT1g and Building Services Department counter on the 3rd Floor of City HalJ, located at 300 North "D" Street. By acting immediately to correct these violations prior to the hearing date, the imposition of incurred costs, a lien, or further abatement actions by the City may be avoided. If you should have any questions regarding this notice, please contact the undersigned inspector by telephone at (909) 384-5071. Inspector Attachment: Statement of Costs cc: City Clerk G. Lee, Account Clerk file . JM:das - s.tatemenUlf Costs (Rental Housing) Case Number: Subject Property: Parcel Number: BI96-0007 Date: October ~8, 19915 100 W. Hospitality Lane, San Bernardino, CA 141-412-38 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino as a result enforcement actions necessary to abate violations located at the above referenced property. DIRECT COSTS Inspector's Costs (FBR): City Clerk Costs Attorney Costs Photographs Title Search Certified Mailing Notice of Pendency Hearing Cost $ 45.16 $ 30.00 $ 40.00" $ 2.00 $ 25.00 $ 8.25 $ 125.00 S 50.00 SUBTOTAL $ 325.41 Contractor: 40% Admini~trative Costs CONTRACTOR COSTS $- $ SUBTOTAL $- $- Previous costs incurred: Contact City Clerk for previous fees incurred Abatement Date: ======= TOTAL AMOUNT DUE $ 325.41 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 any questions or need clarification of this statement of costs, please contact the City Clerk's Lien Coordinator at (909) 384-5002 with the case number and property address. ~ 4b"~rvice Type .1 ){ CERTIFIED 7. Date of 0et~5lJ -96 8. Addressee'. Add..... (ONLY" __ snd fee pa/d.) ! SENDER:. . : . Ccln.-..... 1 nJOI 21Dt......--- _Prinl:,......... ~... __ of _1Drm 10 1hII_ mn-.rn" mn:l ~\lIlUo . " .AIIIch.... bmlO ..1ftlrt'oI"~OIon"bIck."'dllI.-rot DIl'"lil . TN ~AiIcIipl:"'" fa whl:m IN ~ _ dIiMtwd Ind"" CIeIIwlnd. 3.ArticleAOcL T--ta: cr.-..~... ... ...;..1..... r '" - .. ...::.;_.... : . ~.:"c:: ;..",,:, ~ U'~. i l"! .... .. .: ~'.... . ..:....; .''; ~ 'J..' .-. ... .. _ t .... ,.C t:). t;2:~~ .. ". ,0.' ..~'" .. 5.~By:(Pml-) ,. :'\.# 0( t ' L' ::. 6. SQrtIIlure,J.kJd. H" 01 AgorIl ~ . . ~~~~~~;,~~~ p Of ~4. .... '.'_~'~" ..._:" ~:; :! - '. -, .., '.' " . ,nO ~lilt~~: r .;~:~.-'r.-:.,-;Jt::!'"......;..:.. "::~..-,,.-.1!'!' _'!::-.~':-:~'.' - . I SENDER: : . ~.... \IinUcr 2 tar............ . PrWll: ycu' .... ......... en .. __ 01 ... farm eo ... -....... .. ." ..- . MIc:ft tillDrm 10....... at................ bIck.... _ NIl....... . Ttle AiIam.................... _ ......1rIlI............ 3.ArticllAddl wax (J) -/Jc.5p,'-/ L/;'!:j. ~. *. " ~ ;l~t.:: ~: ibc,e! .:,: ~ "?1' i;..~t /t.VrI... ~L* .....dVl.:t"aa:.. CA ~11:'C 5. Received By: (FrinI 6. S' X ;:",;,.~~,;,.::~~~~~ ~~'W:~,_. '., ..q!.. , ......:...&...o::r;:.",~~.. ~~~..:..~1...;.,......~ ~~W":""..."."'t'r~-'~~~.::...v~~..~ . -.~l;!.' ......':...~.~!?!';r..-.""..::~ :;.<#t-:.~,.._~ PS F 1, I Ii 100 ~'. 1Io8p~t~1,ty ~N41~t..rs. . . . ._ " ..,!o.#...-.. '-'~ - .-..~,~ I also wiIh 1Il_1Ile:.,", following __ (for .. __..... 1. tJ Addre.....s --a!. 2. 0 RestriCled DeIeY ~ Consu~ postmsster lot 18e." 4a. Article Number P 959 581;! 312 Iipt . .t.''''- ....!~ ,'#iJ':: : laIsowilhlll_1Ile IoIIllwing __ (for .. _ fee 1. [J AdelA 1II11'.1ddI.- 2,.0 _icIId~ CoraJft postmI11'. tar teL 4a. Article Number P 959 ~84 300 4b. Service Type . .){ CERTIFIED ". . ...- ---~~ SENDER: . ~.... 1 MJlOI 2 1Dr............ . PrIt 'fOIl .... ... ..... on .. __ fII ... fI:Inn 80 ... _ mn -.n IhiI eM! ..- . AachtNa tonn m 1a..f11 "rnIIpiIOI.OIon"lMCk 11.-. dQlIllra permit. . TN....,..........,.. wtlamb"""_ ~ Ind........,. 3. ArtiCte AddlMUd to: .~t ~ .. ...... __ .~...~t.:..."" . ..:....'~~tr,J' :. ;,,;.:,;',: . t'.-:'"'lCi#, ,~\ ~IT...:'I:~-#~:!:'~ ,1'10 ' '/. t.:(, 5. Received By: (FrinI _) Al/ft) i i i I i! i i; ,:'! '.' .... 1_ .. ......;-_.:....-.:.;~ . ..... ""., -t" ,~......... I also wiIh to ~ tile following __ (for III extra fee 1. 0 Addressee'. Address 2. 0 _ icIId Delivery ConIuII' postmaster lot lee. 4a. Article Number P 959 584 299 4b. Service Type ){ CERTIFIED 7. Date of e. Addre (ONLY snd fee t*J.l.. ,;" : ;i-;' ;iti ii .. ~.(. ~r} ."., - ~, 'Dcim8stiC RetUrn ~.. 1-, . ~""'lo111i1tL.....,.""".~"." " ...:-......."..:~. 'If- ';": :..:.... -' -. -'":.!, - . r - SECOID NO!ICE.- . ('. , . . .. .~ NOTICE OF.VIOLI....ON "jt1'/?i1 r. F ....;,..:- .6 . City .f "n ..m....ine Depe_t .f Plennlnll .n" auilcll"lll ..",iool 300 N. .0. 5t., 5." Bern.rdino, C.liforni. 92.'8-0001 19091384.5071 . FAX 19091384-6463 PropenyL_ion: Owner: Add.... 100 West Hos~italitv Lane G~ral1 ~attinQlv 13432 Dia~ond Head Dri~2 Olle: 4/17/96 City: Tustin Stale: CA Zip Code: 92630 You are hereby notified that the following violations ofthe San Bernardino Municipal Code exist on the above referenced prope~ 15.04.020 UBC. 106.1 Permits Required. Specifically. The 2.747 Square Foot Room On The East Side Of The Structure Has Been Converted Into Usable Space II: . Without The Required Permits. Additionally. A Covered Canopy Has Been Constructed On The North End Of The Structure Without The Required Permit. Xl Permits Required (UAC 301al U Special investigation and fee required (UAC 304 (e)) tit Plans Required o Other .....~ ..-.-1 The ebove listed violatio~s mu~ be corrected Within..J..~.';'d)w;.~ ';otifv ~~~ .:ndersigned inspector when the corrections have been complated. If you, have any questions. please call this Department. Thank you, your cooperation is appreCiated. " . i ; , . .. ~.~: .".... ....PhOnl 384-5071 .IIl,ctcr'INllmo -;.Jack ""asters .... SignltUrl Legal Notlc.s: :.., . .., .. . . OJ . '. ~ '-1' J> ... J "you ~ I.;' I'" _ermin.ion concerning '~i. noriee. I'Ou mull file I wriJ.nAmAL wi,h;"i" Cily C/lrk within 10 lIIys from Ihe III'. o',hi, noriu-../ r' i'" 1" ~'oiN 10 corrocr I'" lilted violarions mey mull in 'he,CIfy p/<<:ing e NOTICE OF I'ENOENCY upon ,hi. propatly un'il.uch ,ime II ,he violerions ;/. corNCled. or moy _II in other legel acrion II eppropriate. . :'; .' ,.. . ~ - . . ~...~/ . Comp/iInu with thi. nolieI.llIfliw. on. or Ifler lhe IbovI comp/illlCl d.. dO.. nol IN.ewnl pro.ecution by Ihe City All_'. OffICI on Iny 0' I'" lbove vioIelion. o'!h. SIn Bernardino Municipal Colli. .. ," .:1 .' VIOIelion. _ puniehltll. by I Fin. 0' up to $500 Ind/or imprisonmenl in I'" County ilil for I pariod of. up 10 six /61 monlh.. J --:'. -...- " 'lIII(,)... . - .'." . .._._ .. _, '.. __. _'~"O'" 'R...-.... ..",nt.~;l.. MAJlOCClPY-PI't'II . II'lAN.13.CM 12.151 ;- ".", ~":;. ~1:~ :a:'~...., fftJ}0I 2 tar............. ' atso wish to receive the . 0'. . __........" . laIIllwing__(IarIll--~ ,,' \. . CO . . .....pr...1f'Ill _on.._al..........-_...~..~ 1. CI AddnIlI1'SIdCllaS ~.: ':. ... tllmI III .. tIaf cI ............ 01 on .. ... · ... ...... ,..... . . ___~.....__...,...._. 2. IJ ~ictOdllelMlY . .........._...._......-....--...... CoileuI....... ..rlar.... .., _-,3.~.~ ...trot... ..:";" ...~..- ...' . .-.-....-- 4I.ArticleNumber' ; . Gerald Matttngly .J' ...... lllfS '70 13432 Di.-nd Head 'Drift lustin.'CA 92680 \ p '12 4b. Service Type o "" If" - ....... -A,' "-~:':' '- :, N CERTIFIED '" :r- CI 7, 0aIe d DelNery ;..... . ":'" Q. -(I,ogenI) l 'Fonn381. ,i .. :lllA1 iUH It;;l'; ii;ii; DOMES11CRETUlJI\IRECEIPT MSTEitSilbO ~I_ITALI:"''-t 1.11" ,"" · ,.. ''''1'. -'--==- - ..._-==.~.;,~..:......:--:-:...;=- -----;I ~~. , J. MASTERS/1OO....1l5T jHOSPITAlITY ~ -." . J.~ , ." ,~..~, :: ...--_ ,..,'" .,.~ IT.... r - - '. ';I"f- ~."'~ ~ ~!<:l/'~'~,,".;:';'~"-" ,.._-,..",..,-~~""..... -,.'~ ._' ,. - . ,.... .. -..~. ." ....Z~...~~~.-~ ..' '.' '.' '.' ..::.",: :~:...-,.,,;:,,:,,~:.. "'. !-":.....~4~:":'~:""':".~~,..':':~...:-~"'. ;"'.',,.,v. ~,,,",,,,..,-,,:,;;~~~ , ". _;. ':.. -:: ,",' .:' . _. ... "'~'. _ . ... ,-,"";,,,-. ':="'~- :~:".- -'":"_:7.-~~,:...:;.,..::.~-it:~."f.!!?' . .' . -.~ t. . RofAeE OF VIOLA-.'iOR /Pll/J1 T e:;-. City of San Bamardino Dapa_t of Planning and Building Serviceo 300 N. "C" SI., San Bernordino. Calilornia 92418.0001 (9091384.6071 . FAX 19091 384-6~3 PropenyLocation: /C{) J,r ;-k~.Pi-lIl/~/ ~',aIc: . / 4.L ~ ; ,Owner: 1f".~,Ii -Ii/) /r}~'7~'J"~:" 'Add....: /3~3~ -Z;""",or,,'/j 11";"0; Z>.e Cily: -r;;~../.-:J Sla..: (!/f Co..: Zip Coele: 9':<62 C' 71'/E ~ ; a Permits Required (UAC 301a) Special investigation and fee required (UAC 304 d) Plans Reql,lired ~ .- . _.~..-- Other \ .,-~. .- -......~---~ The above listed violations must be corrected within / () ~ days. Please notiv the undersigned inspeCtor when the corrections have been completed. If you have any questions. please call this Department. Thank you. your cooperation is appreciated.,j --#--- \ / t' l..paor'oNamo ~L .~- Signature ./~...~d&b f"non&lJrJ3;'tf~71 Legal Notl es: . If VIIU objecllo 1110 dolorminalion concominglllis nOlico. r!u mu':~,o a writton APPEAL willi 1110 City Clork willlin 10 daY' from 1110 dalo ofllli. not~~ . ilurolo corrocl 1110 li$lod vio/a,ion. may rooull in '110 ciiY pI.cinga NOTICE OF PENDENCY upon ,IIi. properly un,il.ucll limo 001110 vi41a,ion. . ~O"<<:ted. or m.y result in other leg" ~rion ,$ .ppropri.te. to .- . Complianco willi mi. no,ice, ba'''.,o, on, or afrer rho abovo compliance da'o do.. noi Prevonl pro.ecu,ion by '"0 City Anomoy'. Offiu on any 0' '"00_ ;,;o;.,ion. 0"110 Son Bomardino Municipal-Coda. V"'lai~n. are puni.lrablo by a Fina_o~vp..!.".J500 liI,v,;:;;'pri.,nm';', in '110 cOunty;.J.1 '0' a;.eriod 0' up 10 ojx 161 montll.. . "'....."".f"'... WHfT'F. Mail to own.' C.Il.NARY. Noeno' PlNIC.FiI. HARDCOP'f". POll PLAH-1U& (7"" Gr lit IAWA u~. to -_' ~ . ~__'11WU<<2IDfJddjlilClMlMf'WCilS. GIO/IoIW_' ...... UIIIII;" .. _,. .' : .... ..' u' '. _ _1......... folloWing serviCeS (for an extra lee): ~.:.;~~.;;io'" ;,,!:!:;;':. "~_'~--""'-"'''--''''''-''''''''''-'''- 1.0 Add..........- .::;. .:. ..~1~'~ :"..::;:"..~:.:..':....or:::::*.:........::-...- 2. 0 ~icledDolNery ~_ '::::11 "_':".~>W~::~_~'::~:~:ArtiCIe~'''ll forlee. I ;... ... GofoAld Mattingl' ...... 13C32 Dia111'1nd Hea~ive Tustin_ CA 92680 IQ ~ 1\1 P 917 <lb. Senrice 1YIle 212 21ll 1\1 .... 1\1 J' ~ K,' i:. . .;:.. ... E CERTIFIED 7. Date oIllolMry I"- .... rr 8. Add_'._ ~ (ONlY /I ,.q . d n1 *'" pIid.) ,.. Q. d r ! ! _____ .:. ~.a.sTtP.s" n . .' . i . . _ _ _ ' ~OL! '" HOS'" i :.=+:.;...~::.:.....;;",..:.........<..'i,,;..:...~....- :.:........ ; .... .... _ -:-~-' ,",T.l,,-,ry 'A" ~. ~~~k;~~'" .- '""''-''... .j.,........ .....~,._.;.. "",.f)....._... ....8 . . .. ~~"'~==.w~~*""<}.s;:~~~~~ . :,!,;.i..:;'. ~.~~,.-",~...>..!~~~,;r. , ;;r..;_:...~;... :,:::_ ~ ~~.=.,::'r:'7':.'~"" .'. . . _'u -; ,,;,;;.~~<l'k.C_.. -. .. :':"':J::~ ~,,.....,.c~-~~~.~~... ,.....~_ ...:-.........,.._.~"~... .. ~.. . . ..' _. .....-c. ~:~ --..~::r!..::- .f' .~~;,~<~. . :: :,:";:,,,: ::-'~"': ..~.....~.~,..) ..'~-~,":~;::'~~1ft~p:~:Z:",,,-g-";:"7;..i,,:>,';~,,~.;~~:;:Z;~' :;,-;;,;:,~f'r.:r.1:' 11.~.'811' I i! I ~!!'('I IIiii 111- III II 11111 J, MASTERS/tOO V. HOSPITALITY lAJCII DOME5nC RETURN RECEIPT Illi I Ii \I i \I I_~ ....- '<: .- - ......L . .,' CITY OF SAN BERNARDINO - REQUEST FOR COUNC From: Mike Hays, Director Subject: Appeal of BBC Order No. Property Located at 100 W. r. Planning and Building Services Date: December 19, 1996 Mrr nA~. T!:Inn!:lry 11., 1007 ')ynopsis of Previous Council Action: None Recommended Motton: That the Mayor and Common Council uphold Order No. 3887 of the ::Om missioners and deny the appeal. i:df 1R Si ture Contact person: Mike HlIYs Phone: 5357 Supporting data attached: Staff Rej)(ut Ward: FUNDING REQUIREMENTS: Amount: N/A Source:(Acct. No.) (Acct. Descrintion) Finance: Council Notes:_ Previously 1/13jq7 :#/.3 I , J Previously 1/:n/'17. ~,;;lJ - I I DriPvinusly .zA~j ~ ;II/?' , ~~ '" Agenda Item No. "- C.J '" ... .. :so .... .~ ;:) oD . c' z .... ... '.:..:' :! - ,- IL ACTION 3887 Regarding Hospitality Ln. Board of Building 3rd #-13 sjif17 _ CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION STAFF REPORT SURTECT Appeal of Board of Building Commissioners Order No.3887 regarding building code violations (unpermitted construction/expansion of nightclub) at property located at 100 W. Hospitality Lane. BACKGROUND March 6, 1996 In response to a complaint, Senior Building Inspector Iack Masters, inspected the property located at 100 W. Hospitality Lane with the appellant's attorney, Mr. Walter Tribbey. He observed building code violations on the property. Specifically, Mr. Masters noticed that a large room on the east side of the building had been converted (remodeled) for use as part of the nightclub without required building permits or inspections. This room had formerly been vacant and had not been used as part of the nightclub operation, as verified by the approved plans for the remodel of the building in 1993. In fact, the Conditions of Approval for CUP 93-21 provide that "(future) use of the 2747 square feet of pool, steam room and sauna area sha11 require the review and approval of the Planning Division through the Development Permit process." This restriction was imposed because of insufficient parking for the facility. In addition, the inspector noted that an exterior canopy had been installed without permits. March 7, 1996 As a result of the inspection, Mr. Masters posted the property with a Notice of Violation and sent a copy to the property owner, Gerald Mattingly, via certified mail. Service was acknowledged. (See attachment G) April 17, 1996 A second Notice of Violation was issued to the property owner, service being accomplished by posting a copy on the building and mailing a copy by certified mail. Service was acknowledged. (See attachment F) August 19, 1996 The Department received a title report indicating that Elizabeth Hough and Gerald Mattingly are the owners of the property. No other interest holders are identified in the title report. October 28, 1996 The Department notified the property owners of the BBC Hearing on November 7, 1996. The Notice of Hearing was posted on the building and copies sent by certified mail to the owners, and attorneys Walter Tribbey and Roger Diamond. Service was acknowledged. (See attachment E) October 31, 1996 Attorney Roger Diamond sent Inspector Masters a letter stating that Mr. Welty, the president of Manta Management, was interested in obtaining. the required permits and paying the incurred costs ($325.41) to resolve the matter without a hearing. Another letter (also dated Oct.3l, 1996) from Mr. Diamond stated that he objects to the notice for the November 7th BBC Hearing and that the statement of incurred costs was not complete. (See attachments F and G) November 7, 1996 The Board of Building Commissioners made a finding that the property constituted a nuisance and adopted staffs recommendations and ordered the owner(s) to comply with the following order: "That the owner shall obtain a Special Investigation within 10 days from the date of this order, submit plans for approval within 30 days from the date of this order, and obtain permits for the unpermitted construction within 90 days from the date of this order, or if the owner elects not to obtain the required permits, he shall remove the unpermitted construction within 30 days form the date of this order. " The BBC order is dated November 13, 1996. (See attachment B) Also, as a result of the owners' failure to comply with the Notice of Violation within the specified time frame, the Board confirmed the costs of abatement incurred by the City in the amount of $325.41. November 27, 1996 Attorney Walter Tribbey filed a letter of appeal on behalf of Manta Management, the "lessor" of the property. (See attachment A) APPELLANT'S STATED GROUNDS OF APPEAL 1. The appellant contends that "it was given no 'Notice of Hearing' of the alleged hearing conducted on November 7, 1996 and therefore was unable to appear and protect its interest in the matter. 2. The appellant further contends that the property is not being maintained in violation of the San Bernardino Municipal Code and therefore is not a nuisance. ACTION SOUGHT BY APPEI.LANT FROM THE MAYOR AND COMMON COUNCIL Not Specifically Stated. Although, the appeal does state that "Manta Management seeks an opportunity to cure any complaint the Building Commissioners have with respect to this property" . ANALYSIS 1. According to Attorney Tribbey, Manta Management is the lessor of the property and they assert that they were not notified of the November 7th BBC Hearing. The San Bernardino Municipal Code, Section 8.30.040A requires the City to notify the owner, lien, mortgage, or trust deed holder or lessee as ascertained from the title company records. The City obtained a title report on or about August 19, 1996, which only revealed the owners, Elizabeth Hough and Gerald Mattingly, as having an interest in the property, and the owners were notified. Further, in addition to sending notice to the owners, the City also posted the property to put any tenants on notice of the pending City action and sent notices via certified mail to their attorneys. Also, despite Attorney Tribbey's claim that Manta Management did not receive notice of the November 7th BBC Hearing, Attorney Diamond's letter dated October 31, 1996, stating that Mr. Welty, the president of Manta Management, is interested in resolving the matter without a hearing, suggests otherwise. In addition, the San Bernardino Municipal Code, Section 8.30.040 (c) states: "The failure of any person to receive the Notice shal1 not affect the validity of any proceedings under this Chapter." 2. Appellant contends that the property is not a nuisance, however he has not subtnitted any information or evidence that contradicts the BBC's finding. The Board detertnined that unpermitted construction existed on the property constituting a violation of the Uniform Building Code. San Bernardino Municipal Code Section 8.30.010 provides that public nuisances includes violations subject to abatement under the police powers of the City. The City is responsible for the enforcement of building codes in accordance with various statutes. STAFF RECOMMENDATIONS That the Mayor and Common Council uphold Order No. 3887 of the Board of Building Comtnissioners and deny the appeal. ATTACHMENTS: A: Letter of Appeal from Attorney Walter Tribbey dated November 27, 1996 B: BBC Order No. 3887 C: Letter from Attorney Roger Diamond dated October 31, 1996 D Second Letter From Attorney Roger Diamond dated Oct. 31, 1996 E: Notice of Hearing dated October 28, 1996 F: Notice of Violation dated Apri117, 1996 G: Notice of Violation dated March 7, 1996 .. /f 77/J17 // UWOFFlCEOF (g(Q)[,9))'f WALTER TRIBBEY 2061 Wright Ave. Suite A-3 La Verne. California 91750 Walter Tribbey November 27, 1996 VIA CERTIFIED MAIL P 133 458 507 Mayor and Common Council City of San Bernardino c/o City Clerk of the city of San Bernardino 300 No. D St. San Bernardino, CA 92418-0001 Re: Order No. 3887 Case No. BI96-0007 Assessors No.: 141-412-38 Dear Clerk: RECEIVED-cm ClERI< '96 DEe -5 A10:56 Telephone: (909) 392-5611 Facsimile: (909) 392-5610 This office represents Manta Management, Inc., the lessor of the property located at 100 W. Hospitality Lane, San Bernardino, CA. Attached is a copy of Order No. 3887. The lessor hereby appeals the above order on the grounds that it was given no "Notice of Hearing" of the alleged hearing conducted on November 7, 1996, and was therefore unable to appear and protects its interest in the matter. The city of San Bernardino was well aware of the identity of the lessor. Further, the property is not being maintained and occupied in violation of the SBMC, and is not a nuisance. Manta Management seeks an opportunity to cure any complaint the Building Commissioners have with respect to this property. Please notify me of the date set for the hearing on this appeal. CITY OF SAN BERNARDINO MISCEllANEOUS CASH RECEIPT \~\\ \ \ 19~ Date Received From The Sum of '\ 5 Dollars C)""C) Cents F~~~~~~~~:~~~~ Department By DISTRIBUTION: White - Custom.r; C.nary - C.Shier: Pink - O.partment; Goldenro ACCOUNT NO. 12/11/96 Bitch: 1375& Pans. ~.: SF Stub TOTAL eot. Num.rlC ContrOl "'. /7 No. 693676 \ I AMOUNT 11 :4&:07 All ~ S (jl) /7 / 1//11 1:.-1 ~. { . (" ."- CITY OF San Bernardino DEPARTMENT OF PLANNING AND BUILDING SERVICES NOTIFICATION OF BOARD OF BUILDING COMMISSIONERS' ACTION Gerald F. Mattingly Elizabeth Gregg Hough 13432 Diamond Head Drive Tustin, CA 92680-4737 ~TION: 100 W. Hospitality Lane . emardino, CA 92408 (. ~ SESSORS NO: 141-412-38 (.\., \.. ORDER NO.: 3887 . '\ \ Y CASE NO: B196-0007 OFFICER: J. Masters November 13, 1996 Pursuant to action of the Board of Building Commissioners' taken on November 7. 1996, in regards to the propeny located at 100 W. HOSDitalitv Lane. Attached hereto is a copy of the Board of Building Commissioners' Order, which states the findings of the Board and any required corrective actions. As owner and all vested parties of record you were notified in your previous Notice of Hearing that the Board's fmdings may be appealed to the Mayor and Common Council within fifteen (15) days of the date of this notice. This appeal must be filed with the City Clerk's office, 300 North "D" Street, 2nd Floor, San Bernardino, CA 92418. A fee of $75.00 must accompany your request. The written appeal should include: (a) Propeny location, parcel number, order number, and case number; (b) Specific grounds for appeal; and (c) The relief or action sought from the Mayor and Common Council. If you have any questions regarding this appeal process, please contact the City Clerk's office at (909) 384-5002. By: cc: City Clerk City Attorney Interest Holder(s) 30'0 NOAf" 00' srAEEr, SAN BERNARDINO, ell. L I F 0 A N I A '2" l' . Q 0 0 1 It.l. ~'''.S071/S0S7.FAX (10') "4.5010 -.J r '. ( 1 2 3 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO ORDER NO. 3887 CASE NO. BI96-0007 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15, Chapter 15.04, 15.24 and 15.28,' the Building Official has 6 posted a property located at 100 W. Hospitalitv Lane. San 7 Bernardino, California, with a "Notice and Order" and has notified 8 the person having an interest in said property that the said 9 building or premises is in violation of San Bernardino Municipal 10 Code (SBMC) and constitutes a public nuisance; 11 WHEREAS, pursuant to San Bernardino Municipal Code, the 12 Building Official has served a "Notice of Hearing" before the 13 Board of Building Commissioners of the City of San Bernardino, 14 relating to abatement proceeding, to the person having an interest 15 in the above property, and has prepared a declaration of mailing 16 of the notice, a copy of which is on file in these proceedings; 17 WHEREAS, a hearing was held to receive and consider all 18 relevant evidence, objections or protests on November 7. 1996; 19 and, 20 WHEREAS, there was not an appearance by any person(s) having 21 an interest in the above property. 22 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 23 24 25 26 27 28 SECTION 1 - FINDINGS: Based upon the evidence submitted, the Board finds that the violations noted in the Notice of Hearing do in fact exist on the property located at 100 W. Hospitalitv Lane, San Bernardino, California, and is being maintained and occupied in violation of .. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ...0 f-:. ( BOARD OF BUILDING COMMISSIONERS ORDER NO. 3887 CASE NO. Br96-0007 PAGE 2 OF 3 the SBMC, and therefore constitutes a nuisance. SECTrON 2 - ORDER: The Board Building staff's Commissioners of adopted recommendations. That the owner shall obtain a Special Investigation within 10 days from the date of this order, submit plans for approval within 30 days from the date of this order, and obtain permits for the unpermitted construction within 90 days from the date of this order, or if the owner elects not to obtain the required permits, he shall remove the unpermitted construction within 30 days from the date of this order. SECTrON 3 - AUTBoRrzATroN TO ABATE: If the owner fails to comply with the Board's order within the time frame specified, the City may initiate action and abate the nuisance. SECTrON 4 - CONFrRMATrON OF rNCURRED COSTS: Due to the owner's failure to comply within the time frame specified in the original Notice and Order, the owner shall incur all current costs of abatement in the amount of S325.41 in the form of a lien or personal obligation, which if not paid, shall be recorded with the County Tax Assessor as a special assessment on the property. II II II II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.-) ( BOARD OF BUILDING COMMISSIONERS ORDER NO. 3887 CASE NO. BI96-0007 .PAGE 3 OF 3 SECTION 5 - RIGHT TO APPEAL: 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 number appealed, the specific grounds of the appeal, and the relief or action sought. This written appeal must be received within fifteen (15) days from the date of this order dated Nov-mher 21. 1996. SECTION 6 - EXTENSION: 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. II II II II II t::J (~. BOARD OP BUILDING COMMISSIONERS ORDER NO. 3887 CASE NO. BI96-0007 I HEREBY CERTIFY 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 7th day of November. 1996, by the following vote to wit: COMMI~SIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso X Carol Thrasher J( Amado Savala .x Larry R. Quiel X "Joe" V. C. Suarez, Jr. X Ruben B. Nunez X Herbert Pollock X Benjamin Gonzales X Leo Cash, Jr. l. of Building Commissioners The foregoing order is hereby approved this 7th day of November, 1996. Approved as to form and legal content: JAMES F.Wi BY: ,(.:.i'.'" .,,,......,.,,,._,."-.,. - -.;,W' '" .' '. - ~~ii1iiQ:-.:::. -:,e:T~"."" ,,'.'''-.:'....,.';~''';' !.~~~:~~~J~~ ~"~~i ~ 8. Addressee's Address (ONLY if requested and fee pak1) .. ....-. " Domestic Return Receipt -.; ~,' ~ ~":,,_:"'; 3~ .......,,'.i~.... o';".~J: ~":-j ".~ ::,:.:l.~.":./I<.,,;~. '.'0' .,_.- : ._.. "';\Ii:"'-f''ic~..,f;'~' -,.,....,-:;.;"'.."..'r:l..,.;;.;;':::i..~.~...:=--'the-, ~ 1Dr......~. . ..._....Y{:.':.-...c :......:,"'.'....'t-.~t,.~~:W~II""I~ . .~~~_ -~.. ...~'~\-~~~"a1rii tirm ~riilt-'~~'~:' '-::':t~'5 ':~~'(~cfan'extra fee) I....~=......,,~.".~..._..-..., '-'~~l';t~t~.. ...... _..- ~f;;!' '.. .-..' . '>f~~~~:~~~~~::~;::~{:~'_:~~~,~~.~-"'t~~-Z'-~ .;~1: ~~le~~~~ ~'..""'-_"-"""""''''''''''-~'''''--'' .' ...;.'CJt\Sl,Il.....-.. Iivefy, .,:~.~.. . .'~'" r"'. ,'"!::'~~-,~"::;',,,-':"""~ ",:.::';:f>1:~:::..:.;/,.1---~v...__._> ~'~Nu i~masterforfee. ,)i{~*~~I'~..t,:...~_..~.~t........:! .,J...._..-1'I.......~>"--lt:...,';.~.-: . ,';" "mb:ei'. .-i~;h'i.",:;.;~_;;...'~.;..-if(.:.-;:;'iJi~:..,~~;6 '" .- "J:P"959'" 58' 4 ..-13'4 ;.~~'t!..~;.-,.,.::....~-..,~~. .~."'~.;1'_f'~~~ii~i~~~-, .-->-. ':...:'",' ~.__,;i;:. ,. ." ,'.:.~~'.*.r&,"'~A.~....;;.;:~. ....:a.:-~',4..i:~t-it/"!~,.'.';~.._.: ,-- '.,;.l '-, "'. ~.-._,:o1..."'.J::t;&.aoh.i:._.,...M1':~":na-~~...~..._-~l?,,,.........Wi2-Yt'~. ....... 4b Se' ".. ,,~ i}~" , -";}N'~~!1: . . ,--:' ", ~ii,;~"p~;~~ ,;?~~;~:rri1~~D. :~:-::~.- ..".lI.f"-'J.I' h,,"...f)9l\--k-~'-'"'' ...., '~,'~~f~. ~-w,<_:~~;;~;~~ .:{~::;;.~.,~_:t.~_~~~... ......""... 7.08l8Of. .""",-",. .. :~,:;"i~~#t. > ;~';:'9!lF )' ,. . :,- ';. r . /~_'~'i~ .,.:-... B.'~._,..:_. . .,'" - t ,;, (ONJ,'Y.:" teqUfJS/8d wid file p8k1) ~ .i.;-,q~.-.';.,~ ;1J'\f-+ii:~;:c;;~i-;4~~;;r~.._:..::. 'k ....~::.li.-..~:::: 11.: ,"!'";' ...... . ~..,~...~ t..~t.:~j'~ ~ . 'A'" , . /7///1'/1 '-' - , fD)rn@rnuwrn~ 'rij N OV 0 6 1996 l!!J \ L.AW OFFICES OF ROGER ..JON DIAMOND CITY OF SAN BERNARDINO OEPARTMENT OF PLANNING & BUILDING SERVICES 2ltS MAIN STPitEE:T SANTA MONICA. CAL.IFORNIA 90405-2215 TELEPHONE (310) 3~9-32S9 ~AX 13101 452-2031 {3tOl 392-Q029 October,31, 1996 Mr. J. Masters, Inspector Department of Planning & Building Services City of San Bernardino 300 North "D" Street San Bernardino, California 92418-0001 Re: Notice of Hearina for Hosoitalitv Lane Dear Mr. Masters: I have your Notice of Hearing regarding an allegation that permits were not obtained to open up a room and to build a canopy. Please let me know whether the obtaining of the permit is all that is necessary to cure this matter or whether there still must be a hearing. I believe that Mr. Welty would be willing to obtain the required permits and to pay the $325.41 costs to resolve this matter without a hearing. Please let me know whether this is agreeable with you. Sincerely, (?~~ ~b(~~J ROGER JON DIAMOND RJD:jb cc: R. Welty /1/11" , fD)rn cg; rno\YJrnro' 1'iJ MOV 0 6 1996 \!lj ( \ LAW OFFICES OF ROGER JON DIAMOND CITY OF SAN BERNARDINO OEPARTMENT OF PLANNING & BUILOING SERVICES 2115 MAIN STRl!:l!:T SANTA MONICA, CAL.IFORNIA 90405-221!5 TELEPHONE (3101 3QQ-32SQ FAX (310) 452-2031 (3101 392-90Zg October~l, 1996 Mr. J. Masters, Inspector Department of Planning & Building Services City of San Bernardino 300 North "0" Street San Bernardino, California 92418-0001 Re: 100 Hosoitalitv Lane Dear Mr. Masters: I have a copy of your Notice of Hearing purporting to set the hearing on this matter for November 7, 1996 at 9 A.M. before the Board of Building Commissioners in San Bernardino. I respectfully object to your notice. Costs is not complete. The Statement of Moreover, there is currently pending Court a related matter involving the Bernardino. The City is represented Attorney Huston Carlyle. We tentatively have the matter set for Friday, November 15, 1996 at 1:30 P.M. in Department 0 of the Superior Court in San Bernardino. We are trying to get the matter advanced to Friday, November 8, 1996 at 1:30 P.M. because I have a federal court conflict on November 15. before the Superior City of San by Assistant City I note the hearing that you have set is for Thursday, November 7 at 9 A.M.. Perhaps we could have your matter set for Friday, November 8 in the afternoon after the court appearance in the Superior Court. I \ page 2 Oct. 31, 1996 letter cont'd. In the alternative, if Mr. Carlyle is .;igreeable and if it is agreeable with Judge Carl Davis in Department D perhaps we could have both the Planning and Building Services hearing and the Superior Court matter on the same day November 7. If the Superior Court agrees then we could attend your matter first at 9 A.M. and then go right to the Superior Court to Judge Daivs' court. By copy of this letter to attorney Huston Carlyle I am respectfully requesting that he determine whether or not that Judge Davis is available on November 7. Thank you. Sincerely, ~ D:.:P'-nJ RJD:jb cc: H. Carlyle, Asst. City Atty. Randy Welty Gerald F. Mattingly 13432 Diamond Head Drive Tustin, CA 92680-4737 .. I ////;// / ...... CITY OF San Bernardino DEPARTMENT OF PLANNING AND BUILDING SERVICES Notice of Hearing (Final Notice) October 28, 1996 Property Owner: Gerald F. Mattingly Elizabeth Gregg Hough 13432 Diamond Head Drive Tustin, CA 92680-4737 Subject Property: 100 W. Hospitality Lane San Bernardino, CA Assessor's Parcel No.: 141-412-38 Case No.: B196-0007 Inspector: J. Masters Dear Property Owner/Interest Holder: THIS NOTICE is hereby served to you as owner or interest holder of the above referenced property. An abatement hearing in regards to outstanding violations of the San Bernardino Municipal Code located upon the above referenced property has been scheduled for THURSDAY. NOVEJ\.mER 7. 1996 AT 9:00 A.M. before the Board of Building Commissioners, at 300 North "D" Street, City Council Chambers, San Bernardino, California, 92418. Evidence will be presented by staff at this hearing peninent to the outstanding violations and the costs of abatement incurred by the City. You may be, but need not be, represented by legal counsel. You may present any relevant evidence or have witnesses testify at this hearing to challenge the abatement. Based on the property owner's failure to correct the violations, a "Notice of PendencylNotice of Substandard or Dangerous Building" is being Filed with the County Recorder to give public notice of the action taken by the City. A processing fee is automatically assessed at the time of recordation. The direct costs incurred by the City for this abatement action are attached for your review. If the abatement action and costs are upheld by the Board of Building Commissioners, the City will place an assessment lien on the above referenced property for all costs incurred. To avoid the placement of the lien, the incurred costs must be paid to the City Clerk's Office at 300 North "D" Street, Second Floor, San Bernardino, California, 92418, within 15 days from the date of the Board of Building Commissioners ruling. JCO ~':;RTH '0' STREET. SAN BERNARDINO. C A l. I FOR 101 I A 92"'!. 0 0 0 1 ItDI) 21.-S071/S0S7_FAX (aDt) 3....$010 ...- Notice of Hearing - If W. Hospitality Lane October 28, 1996 Page 2 of 2 r If you disagree with the decision of the Board, you may appeal your case before the Mayor and Common Council. Your appeal must be submitted in writing to the City Clerk within 15 days of the Board's ruling. A fee of $75.00 must accompany your appeal. Your written appeal must include the case number, property location. the specific items appealed and grounds the~efore, and the relief or action sought from the Mayor and Common Council. . . OUTST ANDING VIOLATIONS On March 7. 1996 the property owner of record was notified that violations of the San Bernardino Municipal Code exists on the property. The owner was requested to correct the violations within a specified time period. On ADril17. 1996 a subsequent inspection revealed that the requested corrections were not completed. The outstanding violations include the foHowing: 1. Construction Without Required Permits or Inspections. . . [SBMC 15.04.020, UAC 301 (a) and 305] A. The 2,747 square foot room on the east side of the structure Jias ben converted into usable space without the required building permits/inspections. B. A covered canopy has been constructed on the north end of the structure without required building permits/inspections. A Special Investigation must be obtained and completed prior to submitting an application for a building permit for an unpermitted structure. A Special Investigation can be obtained by submitting an application and the appropriate fee at the Planning and Building Services Department counter on the 3rd Floor of City Hall, located at 300 North "0" Street. By acting immediately to correct these violations prior to the hearing date, the imposition of incurred costs, a lien, or further abatement actions by the City may be avoided. If you should have any questions regarding this notice, please contact the undersigned inspector by telephone at (909) 384-5071. Inspector Attachment: Statement of Costs cc: City Clerk G. Lee, Account Clerk file JM:das Statement of Costs (Rental Housing) Case Number: Subject Property: Parcel Number: BI96-0007 Date: October 28, 199? 100 W. Hospitality Lane, San Bernardino, CA 141-412-38 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino as a result enforcement actions necessary to abate violations located at the above referenced property. DIRECT COSTS Inspector's Costs (FBR): City Clerk Costs Attorney Costs Photographs Title Search Certified Mailing Notice of Pendency Hearing Cost $ 45.16 $ 30.00 $ 40.00" $ 2.00 $ 25.00 $ 8.25 $ 125.00 $ 50.00 SUBTOTAL $ 325.41 Contractor: 40% Administrative Costs CONTRACTOR COSTS $- $--- SUBTOTAL $-- $-- Previous costs incurred: Contact City Clerk for previous fees incurred Abatement Date: ------- ------- TOTAL AL'\iIOUNT DUE $ 325.41 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 any questions or need clarification of this statement of costs, please contact the City Clerk's Lien Coordinator at (909) 384-5002 with the case number and property address. ~ 4b"~rvice Type ,/ )( CERTlFlED 7. Date;tel~5" ---96 8. Addressee's Address (ONLY if requested 8tId fee paki) SENDER:. . . CaIIpIIMe Ien-. 1 ..uCll' 2 b mtIionII...... . Pmt 'fOlt ,..". W addntsa oW.. ......... of ... farm 80 thIl .. ~..un Itlis CIIId ""'" . AltactI thia form to thI front'of the ~ or on IN beck.... does ~ permit. . 'The Return ~ wiiI ShOW to wham the articte was di1iwnId 1m tI'It aate delP.w8d. 3. Article Addressed to: IIl:r..,,';'.~ .....( '.. c...._ - .. ...::.:_.... : . ;.::ro::......., ~Cu~.. 1" ^. ~ .~ \.',.... . ~.,...: ..-:; ~ 'J.... . .. - , '- (.( :"'J.. ~l.~a .. .... '. 1. .' .; 5. Ree~~~~: (Print Name) ~.I'(~'\.";:' .:1 6. S'f;Jnature,I_Addressee or Agent 'i?"~~~~i~~l~~~" ;P~ .,.....;.oii:"-~.;j",~.". .'." fIliiri~'~-" "'. .'... '100 -:~:..~~"l , "'., , . i\i.~:",;;'i~.. _.. ,~.~~:'P.. '- ;.,~. .'r.,>,;!;,~t. . "....;.. :'_~<" .~~-~~"::_ :",..:~.:~.,:.' -- I SENDER: : . CorngIMe.,. \-..vCll' 2 for ~....... _Print ycu' ......1fW1..... on the_ 01... farm 80 1hlII_C8fl NUn thiI c:an:I ""'" _AttachthillDnnlO tteftont althetrllllpiece,oronhbKtl. iI..-doesnolperrnlt. . T'he Return Receipt.. SIIClW to wham the artidt.. deII'tenId..... dIIIt cIIUveMd. 3. Article_to: t,). ~'-I::!.:'!::t.~.~. .. f 1 ~c:- 1": lbi:.-e.! ~~: _~ "-1: i~,;:.t AVt&.. ;;~lc ",",",.!\,..:rat., CA ~l7:,C ;.\.....3-.. .- . .-:-,:f! l .....~ ''! . . 5. ReeeNed By: (Print 6. S'f;Jnat re: X ~,~,_,:;~,.:~~~~,~:~_;;":__';;-~~~~~:;~~~~:;:-'~-',:t~ ~:;~t~;1.;~;B1i~~~7ii;I~~~ 1, i H08p~ta~~~y Lane!Mast~rs -.Jo:.'..,-_. -'-, PSFOR 100 W. SENDER: .CclnlpIMe....1 ard/or 2 lor aidItianII.-vices. . Print your name ..:i atdrUs on 1M ...... 01 Ihis farm 10 that we can IIlIum ItiI can:I "- . Artach this fDrm to the fn:lnl: oIIMmdpiece. or on ltle beck illClICe doesml gerrnit. . The FlelumReceipl wiIIShowtowhomttle articItW81~rd ltledllt~. 3. Article Addressed to: .~J . .. L_' ",_ ...-~o.::..:.:li;.... ,.4:....'~:~r...:' t ; ..:.~;~,: .',~' i,':,:.. ~~~ \il,..'j".,,,, "1:, --.', .....~ ,A- ' '/. 1',:1- 5. ReceNed By: (Print Name) Agsrt) 1M" !;ii "". "" . . ~ , I Cf; ::OS1'1it:":.lit i :~~"t".~!Y.:!. ~t~rs ~ -"'''11''' I aJso wish to rec..... the.~ following oervIces (for an extni18e. 1. tJ Addressee's AdclresS:! 2. 0 Restricted DeINerY'~ Consu~ postmaster for r..e." 4a Article Number P 959 58':1 312 Iipt . .~ . ,~.~; ..~r~ . I aJso wish to receM the following oervIces (for an 8ldra lee 1. 0 Addressee's Address 2. . 0 Restricted Deu-y Consu~ postmaster for lee. 4a Article Number P 959 d84 300 4b. Service Type ,)( CERTlFlED and fee paki) ~ -~-~n- I aJso wish to _the following services (for an extra lee 1. 0 Addressee's Address 2. 0 Restricted Deli\<ery Consu~'postmaster for fee. 40. Article Number P 959 4b. Service Type 584 299 )( CERTlFIED , .' and fee psid.L.. 1P i;;i H . , . DOmestiC Ret\..irn R'eceipt . . ......!. k;-;.i" .,;'.' , .C~" '. ,...:,.w~..:".. 'If'- ';":"':'4'" -"'~";-". -":'~'~,. .' r - SECOID NOTICE- (-- , . ..,1 RO*rICE op.VIOLATIOR "j;if;1?r F ....... :-- ~~ -. ,J! City of S.n S.merdino. Depal"lment of Planning end Building Service. 300 N. .0. St., San Bernardino. California 92o\'8.()()()1 (909) 384-5011 . FAX (909) 38U463 Property Locltion: 100 West Hosoitalitv Lane 6~rald Mattinalv 13432 Dia~ond Head Drive Olte: 4/17/96 Owner: Add",".: City: Tus ti n Stlte: CA Zip Code: 92620 You are hereby notified that the following violations ofthe San Bernardino Municipal Code exist on the above referenced propeny: 15.04.020 UBC. 106.1 Permits Required. Specifically, The 2,747 Square Foot Room On The East Side Of The Structure Has Been Converted Into Usable Space I': Without The Required Permits. Additionally, A Covered Canopy Has Been Constructed On The North End Of The Structure Without The Required Permit. a Permits Required (UAC 301a) U Special investigation and fee required (UAC 304 (e)) U Plans Required Q Other f--j.. The above listed violations mu~t be corrected within . l~,rdll~ n-otify t~~ ~ndersigned inspector when the corrections have been completed. If you. have any questions, please call this Department. Thank you. your cooperation is appreciated. . - i ".-r:::,- Inspector'.Nlme --;,Jaclc floasters ,," ..."..'"" /Phone 384-5071 Signature Legal Notl~s: : ,_ , ' ,_ I ,4-.' f , ! rll ~ ." Jf~u oqj<<t Ii the determination concerning t~is n~rice, you must file a wn"tfen:APPEAL with. me City Clerk within 10 days from the date of this not~"..l /"" d , ~. , ;Ilire ro CO"ect the liSled vio/arion. may r...ull in the,City pl';"ing a NOnCE OF PENDENCY upon thi. property until.uch time a. the violations J CO"ected, or m.y resuh in other legal action .s appropriate. . .. ." "" ," ... "\',""/ Comp/i.nee ~hh this n~rit:fl. ~ on, or after the above compliance d.~ diis not p'!eveni prosecution by the City Attorney's Office on any of the above violetion. of the San Sernardino Municipal Code. ,. ~ . . Violatio", a'" punishable by a Fine of up to $SOO andlor imprillOnment in the County jail for a e:.~~ ot up to .ix IS) month.. ~ ,- . , .. ~ Dltltrlbutlo.: WHITE. M.il to own.r CANARV. Inspeclor ptNKoFU. KAROCOPV. POSt PLAN-13.04 12.151 r ~-~~: \e,:..~:"' SEN)ER:. ",J! _ ~....' ""1<< 2 "" _ __ I also wish to receive tI1e . ',. . " _ ~.... 3. ""... b. following serviCeS (for an extra lee): ~' '~"':,:,- yo.!"" ar<I ..... on.......... 01 1M farm 1O.1hId ~ CI'l~"'CIId 1. 0 Addressee's Address ~"'-""4':'~-:;Z:. Ata.:hthiltDrmlDlhlfft:lricltNfMiIpiIce.<<onlhltl8Ckll-="doeInatpermil 2. 0 ~-"""'-'-'''''''-' . _ j.." . 'MII"'RIIlumAIcIiCII~on,,"""'belClWltIe""runber. naau--."...-.......7 _ Tho-.._.....-......-"'.....--.."".. eon.uft~forlee. ... ..., 3. ~ _10: ... .' ... . .. _. ... - 4a. Article Number -. .'" " ; ,'/ c::J r- lr" LIl :r oQ I\J "" lr" Gerald Mattingly 13432 Diamond Head'Dr1" Tustin. CA 92680 \ P 912 845 97[] 4b, Service Type -- '... ~: --";-,'. ~- '1 N CERTIFIED 7. Date of Delivery .a _'s Address I (ONLY If teQlresIJorl n1 fee paJd.). .i a.. we - (~) l 'Form381 ,i 'b4jljl""lJJLii ii; Ii ;; i; i; DOMESllCRETURNAECEIPT MASTEitSJioo ~!_lTAI.l!:rfl4t !illll ,"" I '" ,,11'.., _ _ _ .. .._-_.~~..:.-'...:.. :....:.-....:-_:"'=':"-" - --:-- -;f ~..k~~. J. AASTERS/100"'~STjHOSPITALITYl4E -.-' - ~~.. .. ~~ ."-'__ "'v,." . _'.L.- _ ""."" ....'...........~~.. .",__ . . . _~"'._ - .. -_-:11 ;:-- . . ",~:~:._j.~:;;.:''.'f:!r-~~~~~~':''-':i-;~:-._>.:;'-~:~~:::::t7~?':f~.qt~t~:'f.~p,;,~tt'::~-i":..'-~-:r~f~,,;:i,:',::;,i::~;;~~i ," c. NO~ICE OF VIOLA~ON ~1T C:r. City of S.n Bem.rdino D.~rtment of Planning and Building Service. 300 N. "0" St.. San Bernardino. California 92418.Q001 (909) 384.5071 " FAX (909) 384-5463 " Property Location: /C{) ~ f/t:~,P;-I/lIt;1 ,/,;I,U~ . /': _. I' Owner: 1_!"".':';;.fL() /rJ~'77:~/..t:!.. Date: (J- 7- ? 1rc J Address: /:3 f'.3;? City: .I U1 I:J -r-" " V/A/).'''",L /J ;/t'1" .0 z,.e State: C/I Zip Code: '7;? b 22' You are hereby nOtified that the following violations ofthe San Bernardino Municipal Code existon the above referenced :pro~eriy:"- /5:c''1.CZC U~t-. 10'.' "'J1&,,<t./11;~l?ctftli.eELJ. 5pu'ir/(!4/y,. r#t:'" :< 7t'7 vl1. E .hc7 P r#E &..sr 7. E d/' f,t~ J!/J..j .(JeEP t1t1f/t/c.e7T.o /,#,4; t/5#d/E S'#;"f~e Mr;,,, M'..r ;?c; '/~E h L /'n/" /J /~;"'MII. /'I' c~ I&/l 0 ~#tJ~ ~ #/..5 .4cr/..1 6b,ltls-l;ttJC-feo /'.,<./ /iff A 7h c,Vo n_~ TRE .f7,RI-'C!rf..dt7 M:.t'Jd - . '7:> ./ /Iff ke?VuErJ ~Rl'n..,.. ~ , o Permits Required (UAC 301a) Special investigation and fee required (UAC 3~4 dl Plans Reql,lired Other '" ,.-... ~ -~-,~" -----.~ , -, The above listed violations must be corrected within / t:>; days. Please notjy the undersigned inspeCtor when the corrections have been completed. If you have any questions. please call this Department. Thank you. your ~':::~OPP=L~,...".~,~~ ...,fJ~ftj'f5671 Legal Not! es: ; _ If you object to the determination concerning this notice. y(u musr'file a written APPEAL with the City Clerk within 10 days from the date of this notice. "'ure to corrsctthe listed violations may result in the Cify placing a NOTICE OF PENDENCY upon this property until such time as the violations :orrected. or may result in other legal action as appropriate. Compliance. with this notice. before. on, or .her the above compliance d.te does nor Prevent prosecution by the City Attorney's Office on any of the above Viol.tions of the San Bernardino MunicipaLCode. . . 0" ~~. '" Vio/aiipns are punishable by. Fine.o~vp..!.~J5oo Indlor impriSonmenl in Ihe counry i<J.' f01. period of up 10 si" f61 months. .... Distribution: WHITE. Mail to own., CA.NARY. INPK'Or PlNK.FIt. HARDCOPV. Post PLAN-'3..OI 17"'1 Gr ER: I also wish to receive the ~Iete itemS 1 arelor 2 lor aclditioC'lal S8MC9S. ) . -c. . . ,.c..... . __~.......... .... followingservices(foranextrafee: "; /;.<."'_ _ -k ',__"_-':~~_'"-~''' ", .......::..-mtycurrwne.ndac;nssonthe........oIthislonnlOthatwecanlWtumthia 1.0 Addressee's Address i :~~~4f~~~~,~r~ - .~~ ~ lht tron 01 ~.~~ ~l:":: ~.:c..,..: not pennit. 2. 0 RestriCted Delivery ":~i~t"~~ . -.m:~i/~=--,.. ow......... ow --..... ow Consuft postmaster for fee. ~:'.~.,..:~:!L+t.:.~e'::~.~,.::::;:~~r~ .:.~~ ..'-'-' :.-": ---~" 4a. Article Number Gi;rralcl ~lattingl',.&. p 917 212 218 13432 Diamond Heacl"lfoive 4b. Service Type Tustin, CA 92680 .~ ~. ~~~'.. 00 '"" rtJ rtJ '"" rtJ If. :C" l8t CERTlAED .....; .... ~\=~ 7. Date of Delivery I"- '"" IT" 8. Addressee'. Address ); (ONLY If req. ,. d and fee pak1.) \.... a. " I 11 December .1991 DOMESTlC RETURN RECEIPT i~ ~Wcit\ Uii~~~iTll\N~ \IIi i Ii Il i Il I -.~ .~ - .".MIL g T- o ! .. i .' .. . - -__ '.. ;';p.sT~""'C"/~ ." ;;.:=-:~''''7..:C..''c..'iK':!,.;;'iO'"~.;."i\~~:.=.~:._~~~:;.c.;..;OT~.PITe.~iTy ~A:;8 . L",.,.. ~~~~~~_jt~~~1f;.;..i~;'~~~~s;..*:~Air:;:~~~tl' ,:.a..-1 . ~~~; ~f.;;:~~~~r~r~~~~~.;i;~~D:.-;~{::-:::;~;!~;:~~;=~~:;;t.;~:;";:;.~rit.'7;,i~i.~~,;;~ z{..,~~;: