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HomeMy WebLinkAbout12-Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael Hays, Director Subject: Appeal of BBC Order No. 3887 Regarding Property Located at 100 W. Hospitality Lane Dept: Planning and Building Services ~rJ- MCC Date: May 5, 1997 Date: April 29, 1997 Synopsis of Previous Council 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 Recommended Motion: That the Mayor and Common Council uphold Order No. 3887 of the Board of Building Commissioners and deny the appeal. ~42 Contact Person: Michael Hays Phone: 5357 Supporting Data Attached: Staff Reoort Ward: 3 FUNDING REQUIREMENTS: Amount: Nt A Source: (Am.No.) (Acct. Description) Finance: Council Notes:_ Previously ~1r;+7 I/.. ~ Tabled # / ~ AGnIDA TI ojf 1:7 CITY 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) April17, 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 stafrs 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 obtirln 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 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 RECOMMENDATIONS 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 .' .. ~."""'__" ,c.,._,-,. .'_. /fl'7/H1 /T ~WOFFlCEOF (g@W>W WALTER TRIBBEY 2061 Wright Ave. Suite A-3 La Verne. California 91750 Walter Tribbey November 27, 1996 VIA CBRTIFIBD HAIL 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-CITY CLEP/f '96 DEe -5 A10 :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. I /'1 CITY OF SAN BERNARDINO MISCELLANEOUS CASH RECEIPT \~\\ \ \ No. 693676 I I Date 19~ ACCOUNT NO. AMOUNT Received From \ The Sum of '\ 5 Dollars C)'"D Cents '~~~~;~~,:~tr""~ 12/111'J6 htcb: Im6 'us. cOd.: SF Stub 11:4a:07 All loa: AMunt: ?:i.GO By TOTAL ~ S <JO Department DISTRIBUTION: Whit. - Custom.r: C.-n..ry - C.Sl'lier. Pink - OeDlrtment; Qoldenro apt. Numeric ContrOl ~- ~ "...,..,.'" ,., /1"//'1/ ~ -- r ( 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 ATION: 100 W. Hospitality Lane (\, 0, CA 92408 (. \) SESSORS NO: 141-412-38 (.\.\" ORDER NO.: 3887 . "\ \ Y CASE NO: BI96-0007 OFFICER: J. Masters November 13, 1996 Pursuant to action of the Board of Building Commissioners' taken on November 7. 1996, in regards to the property located at 100 W. HosuitSlllitv Lane. Attacbed 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 rmdings may be appealed to the Mayor and Common Council within fifteen (15) days of the date of this notice. This appeal must be flIed 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) Property 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 NOArH .0. srREET. SAN BERNARDINO. C A L I F 0 A N I A 1241..0001 CIOI) SI..S071/JOS7-F It. X CIOII ,1...0.0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -...; ,. '. c. 1 2 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO ORDER NO. 3887 CASE NO. BI96-0007 3 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. Hostlitalitv 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 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 November 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 - 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. Hostlitalitv 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 .... .c ... ...c::.- (:-.. ( BOARD OF BUILDING . .ORDBR NO. 3887 PAGE 2 OF 3 COMMISSIONERS CASB NO. BI9S-0007 the SBMC, and therefore constitutes a nuisance. SECTION 2 - ORDER: The Board Building staff's of Commiss.ioners 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. SBCTION 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 OF 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -<.::;) ( 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~ner 21. 1996. SECTION 6 - ~T~SION: 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 . '" .",.-......:...~~,.-" '. . - ,'.--. . ... ...., .."';...........~:........~.:._.,',.~..:.....,-..............~.-'-. .. c::> (~. BOAlW Oli' BUILDING COMMJ:SS:l:ONERS ORDER NO. 3887 CASE NO. B:l:96-0007 :I: HEREBY CERTU'Y 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 Nov-mher. 1996, by the following vote to wit: COMla~SJ:ONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso X Carol Thrasher -X Amado Savala .x Larry R. Quie1 X "Joe" v. C. Suarez, Jr. X ~ Ruben X B. Nunez Herbert Pollock .x Benjamin Gonzales X Leo Cash, Jr. L , Bo rd of BU1lding Commissioners The foregoing order is hereby approved this 7th day of November, 1996. Approved as to form and legal content: JAMES BY: - . ..... ~-- ....-' .,~_~L. t -< <,_.1_~,__,,_~ .~\;'.,-: : c _....fl:l~t~.ll'ili~;.~'.f, .---(;; .,.~. ............-l(~_!>.l-- -4~...t.~~,;>,,-,,''-J~''';.t '.~~ *,~Jjj....'i '.....: '::'.~ -.'-" :~;...'-'" . ", . ;,- -'/,l':.P-;"-'-" ;.e" ~-.~;\:'. ~:::n'''''' 5. Received By: (Print Name) I, ",-. ~ " Domestic Return Receipt . ':'.'I~ "13lj '. ~." "." . -: ; +.-=. .... ,'.~. ...;...... ..-....... . ."....-. .._,........"'...:...~.;._._- /7//1'/'11 ~ ~ , I " fD)[g~[gO\Y7[g~ ln1 NOV 06 1996 [!lj LAW O''''CES OF ROGER ..JON DIAMOND CITY OF SAN BERNARDINO DEPARTMENT OF PlANNING & BUILDING SERVICES ZIIS MAl N STREET SANTA MONICA. CAL.IFORNIA 90405-2215 TEL.EPHONE 1310) 38g.3250 "AX (3101452.2031 (310) 302-0020 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 $325.41 costs to resolve this matter without a hearing. Please let me know whether this is agreeable with you. Sincerely, (?~~ ~b(~~J ROGER JON DIAMOND RJD:jb cc: R. Welty ,._~.i.:~._..._ /7/11" , rD)~@{gn\W~1D' ]1 NOV C 6 1996 \!!J ~. ( \ L.AW O,-'-'CES OF" ROGER ..JON DIAMOND CITY OF SANBERNARCINO OEPARTMWT OF PLANNING a. BUILDING SERVICES 2115 MAIN STREET SANTA MONICA, CAL.IFORNIA Sit040!i-221$ TE~EFlMONE (3101 30~-32!5~ ". AX 13101 ....!52~2031 13101 302-0020 October )1, 1996 Mr. J. ~~s~ers, Inspector Department of Planning & Building Services City of San Bernardino 300 North aD" Street San Bernardino, 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. ,-,,". - '_:6~'~" .",<.,',., ~. ,,'. '.. -~, ~. r- \ page 2 Oct. 31, 1996 leteer cont'd. In the alternative, if Mr. Carlyle is agreeable 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~'-~ RJD:jb cc: H. Carlyle, Asst. City Atty. Randy Welty Gerald F. Mattingly 13432 Diamond Head Drive Tustin, CA 92680-4737 " -. .~".....- ..' .-, .....'"'.,-_..-._-+~~ I /11;'// / - r CITY OF San Bernardino DEPARTMENT OF PL.lNNING AND BUILDING SEAVICES October 28, 1996 Notice of Hearing (Final Notice) . 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 OwnerlImerest Holder: TInS 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. 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. 3CO ~OArH .0' SfREET. SAN BEANAROINO. '. .. C A l. I F 0 Fa N I A 12" I J. 000 I (101) JI..S071/S0S7.FAX 1101) 3'4.S0.0 ....."..~.........,,'>c~..._,,_, -. ,.' ~ ,. ........., ." " - Notice of Hearing - If W. Hospitality Lane October 28, 1996 Page 2 of 2 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 IS days of the Board's ruling. A fee of $75.00 mustaccompany your appeal. Your wrinen 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. . . r OUTST Al'lffiING VIOLA nONS 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 foUowing: 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 Iias 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 "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 1M:das . .,-.....' .....,..~;;." ,..,-.,:;.............._ .__ m-': ",.. .-;.;. ~> ., -,. .", ~ .~- ;~",,", - Case Number: Subject Property: Parcel Number: Statement of Costs (Rental Housing) BI96-0007 Date: 100 W. Hospitality Lane, San Bernardino, CA 141-412-38 October 28, 1996 . . 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% Admini~trative Costs CONTRACTOR COSTS $- $- SUBTOTAL $- $- Previous costs incurred: Contact City Clerk for previous fees incurred Abatement Date: ------- ------- TOTAL Ai.'WOUNT 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. . ~_"."'':"'';.'"'';'''''''-''' SENDER: . . ~..,. 1 erdl<< 2....."..___ .PrfnI yIU............... __ d tit farm 10" _... NILm'" CIl"d to)OlL . . . AIIiIcft... form to the trOni.d.........<< on" '**...- doIa no!: permit. . n. RIIl.m Receipt wIIlhDW to whom" artIdt......... n.. eWe....... 3. Article Addll!,rto: .cr,..~.~ .. to "'::.:_'.. : . .,~..... c..I, ~'::<,,"l; ;'l)\4~L - I'!,'" . ~ .: ~'. '- . ~....; .': : '1-.: ,". . ,; ~ - I .... ,~( (.J.. t;l~:I .. "'. '- . :"',/ '.. 5. ~~~: (Print_) ~$''f', ',,: r 6. Signalllre;/_AddI'lSsee or AQlliII ~ ., '. '.. . L. . ,', " . '. .... -..' ~~~~~#';. .,01 ,....._,. .~,.."...~. ..,.~l..;....._... .. -.... .~~.. .. '.. ". "nO .~~.~..,.. . ,:....~., ".. .~. ~"..F~.~. . . '~"_ ....' .. '."~:;""",X~...;. ..,::-~..: "'''!'l .~~ .'/.'':::~.. .' I SENDER: : . ~..,.1iInUOr 21ar........... . PrfnI yIU ..... ... ___ on .. __ d tit tnn 10 ... _.. NUn tit CMJ "- .AltKfltia form D hllat d bnilpiecl,.or on h'** _..- dDearol permit. . n. AIUn FIIIcIipC..... to....... ..1rticII_...., ant..... dIIIIowwc1. 3. Artido_1o: (.J. ~'-I~:tt.~,~- .. ;l~c:- 1: l.bc,e! ~,; ! 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I PS FORM 1, '. lil91l" i(;C ::'OCTJtt:~lit l :,.:..r.tt!Y2 ;t~rs ,.".c,_ "~"'''''_' :C.~'''':ir\.';" ~ .,...~.~ I also wIoh \0 receMI ....'~ IDlIowiIlg eervlces (fIlr anllXlrii1ie, 1. D Adcini....'s AddnIa$!: O. .- 2. ReatriclIld Dohery ...". Consuft poatmaaIer lor Iee." 4a. Article Number p 959 58~. 312 ~ 4b.'S,rvice Type ., )( CERTIFIED 7. Date 01 DeI~O --96 . a Addressee'. Address (ONLY if _ eSle:f and fee pa/d.) lipt . .~~f~' .' .iJ-~ : ~ I also wIoh III receMI'" IDlIowing -.lees (lor an_lee 1.0_'._ 2. .0 ReatriclIld Dohery Consult poatmaaIer lor lee. 4a. Article Number P 959..2.84 3DD : 4b. Service Type . )( CERTIFIED and fee pa/d.) . ....- ~--:-----:-~ I also wIoh to rec_ the IDllowing -.lees (fIlr an extra fee 1. 0 Addressee's Address 2. 0 Restricted DelNery Co_ft" poslmasler fIlr fee. 4a. Article Nuii'iber P 959 584 299 4b. Service Type )( CERTIFIED and fee peid.J.__ ;;', . 1'" : in iiij ii , . 'DOmestiC RetUrn F/eceir)t" .' ~~t ,,P,'." M....l "\:'.1' ..,. '.l. - . . . '.. --"" - ."_. ,.... .,u.......~ ,,_"_._._ ~ -,-,,;,,,""", '_::~' ~~;.: ':... ~ .~ . ._"_....~ r ROTl :".."",..~~ .. 'If. ;.': w'. '.' :;.. -":. ~.. "/;1I;;,T F "'< :-. ~. . _. ( . . . . .~ CE OrVIOLI,.ION - SECOIID IlOTICE - . \ City .f "n .........ino .,.._t .f Planning and IIulldlng .....100. 300 N. 'D' St.. S.n Bern.rdino. C.litorni. 92~1~1 (909) 384-6071 . FAX 1909138~ Property Location: Clwnor: Add...., 100 West Hosoita11tv Lane G€rald MattinQlv 13432 Dia~ond Head Dri~2 D.t.: 4/17 /96 City: Tustin Stot.: CA Zip Code: 92680 You are hereby notified that the following violations of the San Bernardino Municipal Code existon 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 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 IUAC 301a) n Special investigation and fee required IUAC 304 Ie)) U Plans Required [J Other -~ ...--) The above listed violations must be corrected within ~.,'_l'ditVS::'P.-J notifv ;~~ ':ndersigned inspector when the corrections have been completed. If you. have any q~estions. please call this Department. Thank you. your cooperation is appreciated. f" ; .. ..,.' ~'." . 1nIpoctor'INlme ~..Jack Masters' ".'- .~.-, ". ." Signalur. ----Phone 384-5071 Legal Notl~.: .... ~~ l'" ~ :".:: . 'of' - .' "ro,u olJiecr I,' r/HI delerminotion O<Incerning rhi. norice. you muSl iii.. wrirrenAPPfAL with"'e City Clerk wirhin 10 days from rhe data ofrhi. notle".../ r' . I - ~ "".ire ro O<I"ecr r/HIlisred vio/erion. may resull in rhe.C/ry pll;cing. NOTICE OF PENDENCY upon rhi. properly unril such rime.. rhe violerion. lie corrected. or may ...ull in orher lega/ecUon a. .ppropri.r.. '-.' _ ," . _ . ;..\ J...-/ Comp/i.nce with rhil norice.lMfM. on, or .rrer rhe ebove O<Imp/i.nce dote do;;; nor p!;eveni pro.ecurion by rhe City Arrorney'. Office on .ny ot r/HI.""... violelion. of rhe Sen INmardino Municipel Code. .. .. .' V",lerion. ere punish.ble by a Fine of up ro S600 .ntVor imprisonment in '''' County jilil for. period ot up ro silt (6) monrh.. J '", .......~'- '. . . - . .) ,A " ~trllNt"': WHITE . Mail 10 own., CANARY. IMpec10r "'NJC:.FDe HARDCOPY . PMl . 1'\AN.'3.04 120151 . ........"~.~ .<........"",~;:,_;...~.:,._-.:.:..:.-'-,:_.N,, r- ",., ~~':;-\"V~: IINEIIR . ":;..'. CtclrIPIII'" 111'tJJor2 _.......... I also wish to receNe the .__.......... . ~__(IIlr..extralee~ . ,. . ...... pr.... Ird _ an" _ rA ... tr:wm 10 lilt - ....un .. cInI 1. 0 Add......... Addr8Sa -'!. :- ':.eta ... IDnn 10 .. .... fA .. ......... or an" ..de .... .... nat JlIId. 2. 0 Rl..A1c:led n..o._ .' . '*It "RIUn AIoIicII""""" an........IlIIIDW.. wJIlII....... ."--' 7 . ___...._......_~..__....... CoiiouI......., -' IIlrIee. ""_'''_._ .lll:.....:i. '.,.... ...... ":-;.-:- 4a.ArticIo....- ; . Gereld Rattingly ./' ........ 13432 D11811ld Head 'Drift lusttniCA 92680 - \ p 'I:L2 1145 '170 C r- Ir Ul :r CI ru 5- "'" Ir' Q. 4b. Service Typ<< ...... -4,i. . '~.:.,:" ~ ,;1 18l CERTlAED 7. DaIIl of De'-Y . ...... '.-" -(1,ogent) l 'Fcnn381. ,j ... ~ll~ 1 iii L,' IiI'iI't:l',' 't'.,'t't"t't; DOMES11C1.RETURNRECEIPT MSTERSlibO Er' _lT~ lttt I "" I " ,,'11' . - -- .._--".~":,.:.,:";",;",,,,,;:,_:,,= -..:...--'".:-~ ..- ~,. J. AASTERS/100"'!1lST ;HOSPITAlITY '4t -. -. - l,~. ~~~ ,~;. .., :--'7" . : """:~.. '! -:00 Jt or"".- - '~r r' : ,.... '~<;~:'":. ....~i!S<'.~~.~.. ~,""~:;~'.~=::+-'W\1;;t7~~~~~i~!-Jk?J~lr~.~~~~:-;t~:{d"::t%-t;,~t~'#~~~ ,~>".........r--._;. "_ .'~"'__.,,, .~._"......_....................." ........."..-., ~.,.,~-n,~;" (. ; NO~CE' OF VIOLA~ON .;f7//11 T cr. City o' San Bernardino D....rtment of Planning and Building Servic.. 300 N. "0" SI.. Sin Slrnlrdino. Clliforni. 92418-0001 19091384.6071 .. FAX 19091384-5463 Property Location: /CO /,r f/e~,Pi.f.AII,/ ~';uIE . ,: .. ' ~ Owner: Ii".':/!' -Ill) //"I~'7T/I,.t:'-' Dill: '< Address: 13 ~.3!/ Cily: 7 t/,1/':J '"'7"- , . ~/"~)..r,,c. /J !I",," <) Z>.e Sllle: (1/1 Zip Code: 9')(' g?; You are.hereby notified thatthe following violations ofthe San Bernardino Municipal Code existon the above referenced :PtO~eriv:"" /5:&',/. bZO u4(.,. to'.! 7&"</I1;-/$l?~~t/i'(E/J. 5PE~/r"'4/y,, 7Alt:' :< 7'17 v. E r~7 .u r#E &.sr ;;: E dr jI,/~ - fI/J..1 .lJa"'u tf,(lt$~7T.o /'#19 t/5"'d/E S'''#/f~c M~'4t./'1 h'.r ?Ci 'liE ~,;" 1'1 "v,~;tI,,/1. /f' "'~ &.12 ~Ptl,l9" #.1'..5 /{,u"v . &W$~t./(!/eo t~.v /Iff A 7.4 EAle ,r,&" 7//E f7.R{.~fu,i~ d..It;' cd 71/E k?v;.-tE'J ~/o,.,:1. ~ , o Permits Required (UAC 301a) Special investigation and fee required (UAC 304 dl Plans Reql,lired -'" . Other \ .'--' .. -....----; The above listed violations must be corrected within / ~ ~ days. Please notty the undersigned inspeCtor when the corrections have been completed. If you have any questions. please call this Department. Thank you, your cooperation is appreciated'f -#- \ i. Inspector'sNeme . ~L '~ .. SignIIUre~~.-'~~ Phon(?()rftj'tf537/ Legal Notl es: . , ~~- If you objeclto the determination concerning rhi. norice. ,.6"u must file e written APPEAL with the Ciry Clerk within 10 days from the date ofrhis notice. i/ureto correclthelisted violation. may resulf in the City placing a NOnCE OF PENDENCY upon this property unril.uch time a.the violations . corrtICt<<L or may result in otl1e, leg,1 action .s appropriate. . .. .- ~ Compliance ,,!ith this notice, bero"e. on, or .her the move compliance date don no; prevent prosecution by the City Attomey's OffICe on any of the above violation. of the San Bernardino Muni.,;paj-Code. ~ .-#" ~ Violai~ns are punishable by a Fine.o~vp..!.'?J500 Ind/o'(;mpri.,nment in the cOunty N/ for a period of up to .ix 16/ month.. D_lrIIIutloft: WHr1'!..wI 10 OWMt CANAJiy. .,..., PlNK.FiIe HARDCOPY. Post ..-WM 17"'. ,.-...;...,.....- . - .. ~-...;.,.,;....................~~,,,......,<; .. .~--'--~,.:::...: Gr . ..::...... 1 .,,:/<< 21Clr adciitiOMI MMCltL I also wish to receive the .. _,., .. , ." .., O' .' _ _3...... '" fol1owing 08_ (for an ex1nl lee): ~ '~~.,.~_~.~~~'!o> .._ ....-.:4.--,:. .,~~~~;'~ _ -::.- yrAI......"ld...... on IN"'" of ttliI farm 10 lhllwe CIf'i.-.n IN CIfd 1. CJ Addressee's Address ......._.;_...,~. ..,' ~..~~ achlhiltamll:tNflarCClfNlIIIiIpieClI.,oronlNbKkllll*ldlMlnal- 2. [J ..............""""_. _ .... .:... .,., ,._. ..#...' ...~..,_.... '.~ "''''RIlam~-.....ran''lftIiIIliICetlrllDW''.-tIdtnrnr.r. """'JI,iIa\,I~7 ~~~..... _ ......iiJ ......-......-,.....-....--....... Consul ,...etn- for lee. -;._...... .....,.~... .~':".:',.~.':'0.4,.-.. !:l-.' __.,--- '.. _.....,. .._' ",.-... ....... ___ ......'... ,___ _..-....___. ....-..... 4a.ArticleNurnber . .. .. -- - I ~. .... ' CO GfJfo" le: ~latt1nglJ ,'a.. ;;:; 1~32 D1allnnd HeacJ'W1ve Tustin. CA 92680 I. P 917 4b. SeMce Type 212 216 ru ~ ru ,,;;,j' . ~ F:' :1:::'. ..\:.,. ... ]!l CERTlAED 7. Date c1llelNefy r- ~ a- Cl. ~ a._osee'. - (ONlY it req . d /rid fee paid) is r- et ! __ ' '" ._E ___ .. ..,l.sTEP.s" '. . .' c .' '.' ..... . ___-.:,00'i HDS'" 0, i _:."'__.u:..-.""........_"..~...-..oc,...x..... . -_ nT.~:.;TY"" ~ 1roo:.-!r...~..~-~"ffi.~:ri~~l:-'-~.- .,.:.'-.,. ...-~ ..'., - ~_.'. . ~ . Po B ~~;?j~~:~~;:"o~-=.-.,......l"'.,;;.,;.~~_ -" . .-.' ~i..::....,~""'.;;"!~"'~.i;.:._._~=:7'~;~~~~ ,.:~~~~s(f.:....:..__.. ,~!=k~i<J;'k.'_"~, - '~$ ~:>~.:;~~.;ifr-:~~5~~.'Z,.':::~~,.,~:+'1t:::5'~?~t~'},:~Z.S'jf1tP.:j~~f;q-.;t7-::"~t.,j;:~i',:i'~i=~;~,?{.~,,tJ-i. I 11, December .1991 DOMESTIC RETURN RECEIPT )~ ~}~~ Uli~il'AL~t,l~ \\li I Ii Ill. II '_,- _ ._. '__""J; '-' .-........L. ..' . , ,. CITY' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Mike Hays, Director re PJanningand Building Services Date: December 19, 1996 Subject: Appeal of BBC Order No. 3887 Regarding Property Located at 100 W. Hospitality Ln. urr nATl=i'" T-::1nll!:1ry 1'l, 1007 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council uphold Order No. 3887 of the Board of Buildmg Commissioners and deny the appeal. e Contact person: Mike Hays Supporting data attached: Staff Report FUNDING REQUIREMENTS: ffff~ Si ture Phone: 5357 Ward: 3rd Amount: Nt A Source:(Acct. No.) (Acct. Descriotion) Finance: Council NoteS:~~ (?, . ~ t:::!t e ~~ :.> ... :01;.0 .'- o . z ~ .~ 1!t3h7 =#/.3 I I J 11;)7/97. ../J; .;l"') I I zj7/J7 #;-/1' ( / S/s/?~ #13 S)19!Cf7 /:;L , ,.l"\ '" Agenda Item No. .. .... '" c" r_' ~ 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 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 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 APPELLANT 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 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 RECOMMENDATIONS That the Mayor and Common Council uphold Order No. 3887 of the Board of Building Commissioners and deny the appeai. 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?74tT .4 -I UWOFFlCEOF (g@WJW 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-CIT'( CLERi< "96 DEe -5 A1O: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 sBMe, 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 ao Cents F~~~~~~~~tr'">\.'-~ Department By ACCOUNT NO. 12/11/96 8ateh: 13756 Trans. cOde: SF Stub TOTAL - Cept. Numeric Control "" 4 No. 693676 AMOUNT 11:48:07 Aft Ion: A.ount: 75.00 ~s ~b r . ;!11Jnr I!J r .r CITY OF San Bernardino DEPARTMENT OF PLANNING AND BUILDING SERVICES NOTIFICATION OF BOARD OF BillLDING COMMISSIONERS' ACTION Gerald F. Mattingly Elizabeth Gregg Hough 13432 Diamond Head Drive Tustin, CA 92680-4737 ~TION: 100 W. Hospitality Lane ernardino, CA 92408 (. ~ SESSORS NO: 141-412-38 ,,'-" ORDER NO.: 3887 . ,\" 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 property located at 100 W, Hosnitalitv Lane. Attached hereto is a copy of the Board of Building Commissioners' Order, which states the fmdings 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) Property 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. cc: City Clerk City Attorney Interest Holder(s) By: 30'0 NORTH 'd. STREET, SAN BERNARDINO. CALI FOR N I A 92" t 8.0001 c.al. '....5a71/sD57.FAX CIOI) 3.4.50.0 . . .~ (' c 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. HosDita1itv 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 22 23 24 25 26 27 28 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 - 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. HosDita1itv 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 ...G (-: ( BOARD OF BUILDING COMMISSIONERS ORDER NO. 3887 CASE NO. BI96-0007 PAGE 2 OF 3 the SBMC, and therefore constitutes a nuisance. SECTION 2 - ORDER: The Board Building of Commissioners adopted staff's 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 OF 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 $325.41 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 '.t3 ( ( 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 November 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 ef /-- , (' 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 November. 1996, by the following vote to wit: COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso X Carol Thrasher .x 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. C Approved as to form and legal content: JAMES BY: '..' fD)[g@[gO\Y7[g~ Ul) NOY 0 6 1996 l!lj (' ( '\ /!$n'T (! LAW OFFICES OF ROGER JON DIAMOND CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING & BUILDING SERVICES 2115 MAl N STREET SANTA MONICA, CALIFORNIA 90405-2215 TELEPHONE (310) 399-32!59 FAX 13101 452-2031 (3101 392-9029 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 ~ /11M7 i) rD)~(Q; ~O\YJ~rt)\ lJil NOV 06 1996 \0 (" , LAW OFFICES OF ROGER ..JON DIAMOND CITY OF SAN BERNARDINO DEPARTMENT OF PlANNING & BUILDING SERVICES 2115 MAIN STREET SANTA MONICA, CALIFORNIA 90405-2215 TELEPHONE 1310J 399-3259 FAX (3101 452-2031 (310) 392-9029 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: 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. 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 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. 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. j) f~ (~ \ page 2 Oct. 31, 1996 letter cont'd. In the alternative, if Mr. Carlyle is agreeable 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, g~ D~?'-,J RJD:jb cc: H. Carlyle, Asst. City Atty. Randy Welty Gerald F. Mattingly 13432 Diamond Head Drive Tustin, CA 92680-4737 / /l$?1'7 ~ ( CITY OF San Bernardino DEPARTMENT OF PLANNING AND BUILDING SERVICES October 28, 1996 Notice of Hearing (Final Notice) 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. NOVEl\-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, \vithin 15 days from the date of the Board of Building Commissioners ruling. JOO :-4CRTH D" STREET, SAN BERNAROINO. " .. C A L I FOR N I A 924 I 3 . 000 I I' 0 I) 3' 4.5071/5057. FAX (i 0 i) 3 a... 5 0 a 0 OF Notice of Hearing - If W. Hospitality Lane October 28, 1996 Page 2 of 2 ( 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. 0 0 OUTSTANDING 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 ADriI 17. 1996 a subsequent inspection revealed that the requested corrections were not completed. The outstanding violations include the following: 1. Construction Without Required Permits or Inspections. 0 [SBMC 15.04.020, UAC 301 (a) and 305] A. The 2,747 square foot room on the east side of the structure has 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 "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 E Statement of Costs (Rental Housing) Case Number: Subject Property: Parcel Number: BI96-0007 Date: 100 W. Hospitality Lane, San Bernardino, CA 141-412-38 October 28, 1996 . , 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 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. ~ 4 ,.,rvice Type )( CERTIFIED 7. DateADeli~50 ---96 8. Addressee's Address (ONLY if requested and fee paid.) SENDER: .~1tenw1and/or2foraCtlltionllservlcee. . PrInt ~ name and 8dtbse cJthe reverae of this form eo thai we CM retum thIa can::I to you. _ . . Attach this form 10 the trOnt'ot the~. or on the back If space does not permit. . The Return Receipt wi! show to whom the article was delivered and the dale delivered. 3. Article Addressed to: .c:C:"~~~ ..t,./_.. (... - ! .~4..':.:;,..f..::'. C~t:,-..;'~ ~0U:;1.~ 1'.!;.~ -:'.: . L .1. \gl.... ~.:.:o-;;.: . ~I: lJt,; ,,: ,c . r:: CCi".t;on: .. ""\.. 1 < .'. .....,ii,. 5. Re~~~: (Print Name) ~~,(-?!1.::-- .'1 6. Signature,LAddressee or Agent "';";"P~ ,': :"100 (~). ~~'-I:!.:'!.:t..~.* SENDER: .~item8tad1ct2Ioraddllionalaervioe&. _Print 'J'OOT name and addIesa on the I8Y8I'S8 at Ihia bIn eo that we can reIu'n this card 10""". . Attach this form to tt'e fItlnl: of the mallpiece, or on the back if apace does not permit . The Return Receipt wit Show to 'Nhorr! the article was deINered and the dale deIMnd. 3. Article Addressed to: r I aIsQ wish to receivel" , followlljl~C8, . (I, or on,;,,) ',' 1, 0 ,Addressee'. AddresS 2.' 0' Restricted Def...."y ,;;'" Consuli postmaster lor te8."', 40.. Article Number P 959 58Y 312 tipt. t~t:' '-,f.:!; ','tk~-.' I also wish to receive the following services (lor on -.. tee 1, 0 Addressee'. Address ' 2, ,0 Restricted Deli11ery Consu~ postmaster lor tee, 4a Article Number ,f Her II ibOeJ .W:~.~ \~ i~ht Avtl... L-.:1Vf.!C'at., CA 9'1750 $le P 959 ",i84 3[][] 'J' 4b. Service Type ,';',j- ..t\~~;J~~.~< "".f' \I ~~jif .' ' '-:.j 5. Received By: (Print 6. Signat re: X ) ~~ -Y<""",,...~,~,',.~~~};~~t~#l ""'<;;f.~:<7!f":f;7~~:::::,~;;~::~t~t1t{:;~_~__, :~~"'~<-~::~.,:'-~:~r;:'-,~:j PS FOR 1. 100 w. Hospitality Lane/Mast~rs : : '.' i:,:) ~ _'"'~ : : -j i " . SENDER: . Complete items 1 and/or 2 for additional services. . Print your name and address on the I"BVefSe of this form so that we can retum this card 10",", . Attach this form to the front at the mailpiece, or on the back if space does not permit . The Return Receipt will show to whom the article was deliveted and the dale delivered. 3. Article Addressed to: .~l...._ ...;....~{,)t..... ~.l L:'" . ,,,:~,~"~~t.:r'..!', t ~~~;lt.: '-n~'J..c.::, C/\ 01..~'-l(;5-..~~:1 ~l~ It' "'I d. t _ t.'''' 5. Received By: (Print Name) , ~ i ;---;-~~"!':'J"'"""" I also wish to receive the foilowing service. (for an extra tee 1. 0 Addressee'. Address 2. 0 Restricted Delillery Coll\lll~'postmaster for fee, 48. Article Nu ber P 959 584 299 4b, Service Type )( CERTIFIED ss and fee pakJ.L iili iii~ "" !!11 .1, I' ltifl ~; ~OcDtt&litl. Lan~/}~sters ,r~ ~.*1 ~"i _ _~ -,. .~ 1 !F~llm_!il..","~~m['Ii;,,":,".........,,~,,/,_~;\Ii',"""j~..z,...... ....; ~-,.~- - -...:....~~ " " ..,-; '. ,..;" -;"-, ,~--'-. ._':;'''''I, ','.'J .. :^ - 'f'~' '~.'" " -~,.~-~,;,~"'~~~Rt~~~5~ i .'<" - r - SECOIID NOTICE- . (' /ltl/J1/ F ~ - - .' " .~ NO*l'IGE OPVIOLA,.ION , City of Sa." Samordino. ~_t of Plonnin. ond Building Sarvice_ 300 N. -0- St.. San Bernardino, California 92418-0001 19091384-5071 . FAX 19091 384-5463 Property Location: 100 West Hospitality Lane Date: 4/17/96 Owner: Gerald Mattinqly Address: 13432 Diamond Head Drive City: Tustin State: CA Zip Code: 92680 You are hereby notifiedthatthe following violations of the San Bernardino Municipal Code existon the above referenced property: 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 , ~ Wlthout The Required Permits. Additionally, A Covered Canopy Has Been Constructed On The North End Of The Structure Without The Required Permit. n Permits Required (UAC 301a) U Special investigation and fee required (UAC 304 (e)) U Plans Required o Other , r:-~ !' I l' The above listed violatio~s must be corrected within .---1l"..,,~."P. n-oti~ ;~;'~~dersigned inspector when the corrections have been completed. If you. have any Questions. please call this Department. Thank you. your cooperation is appreciated. - Inspector'sName :>Jack Masters ".,. r' ,."',, )-, ~';'-- ~._-, -~. /Ph~ne 384-5071 Signature Legal NotiCes: ".,: 'f' ~ .." ~-I"'" "- If y~u otp!1ct r.; the determination concerning t~is n~tice, you m.ust file B wriJ.en7ApPEAL with.-rh;'City Clerk within 10 days from the date of this not'~~,l ~.r . ",' '" .,' ...1iIiJaIre to correct the listed violations may result in t~e,CIty placing a NOTICE 9F PENDENCY upon this property until such time as the violations 'Je corrected, or may result in other legal action as appropriate. ".,.~ ..'. ...~.' " ...., ,"; ~t. ~n"/ Compliance with this notice. betOn/, on, or sher the above compliance date doe;' not prevent prosecution by the City Attorney's Office on any of the above viol.t;Qniofthe San Bernardino Municipal Code. .,,-r :, . Violations B,e punishable by B Fine of up to $500 Bndloiim~sonment in t~*! county jail for B e!!:f'l!;' ~p to six (6) months. '"', . . . D...,....: WHITE-MaIltoowne' CANARy.lnIpector PlN,,"Ale ~.POlt Iv '" I' . PLAN. 111M 12.95) SENDER:. I also wish to receive the . ~ items 1 and/or 2 for additional servlcea. following services (for an extra fee): . ~itemS3.and4a&b. '. . PrYlI:)QI1,,.ne~l888onthel'8Y8fS801th1sformsothatweCart.retumth.card 0 Add ' Add " 1, ressee. re.. : ~ thII form 10 the front af the meIpIece, or on the beck If" does not permit. 2 0 Restricted Delivery . \\\te"'ABtumAeoellll~onthelNlllllieo8be1owths.arjiettrunber. . '.. . The........ _ Foe ""_ "".. _ ~ lllo1llnon -....... CoMuft postmaster for lee. _of . ~ -~r~~ ~_,~<_~c:;r':J;;:~~';:~~':'?-<: \~~;::t.>!~{~'\~~.iJ~'T:':'!. 48. Article Number ,., . . Gereld ~~tfnfl'y'. '~':r"",'n"~,c",,\ p 912 845 970 13432 .Oi...... Head 'Drift . :,;X: 4b. Service Type . lUlU... CA ta880 . .... ...., :. d , ' '.' . ,~ l . -~- ! ."'F Cl "- ll" lJ) :r <Q N CERTIFIED ru .... ll" l:l. 6, I , 7, Date of Dallvery a Addressee'. Address" ,;:;,~,~=:~~ {ONLY If requestBd BIld lee pekLJJZ, . - <::.~ '; :i:"~,_f,~:::;:':o . >~~. '.4 bflm1 11Liil';.; 1'1' i i i i; i OQMESTlCj:RFTlIRNiR. ECEIPT . EsT!_'] ,Ii :', Illtll I 1~11 J 1!.lr.l1~ ,: " l~~ :... . ...,.......-.:.....:._....;.r..:-.~,_:'_..!.. -~.~ ~:.:..--. =----:.:- ~ -=--:r" J. AASTERSjlOO"';!lST j!wSPITALlTY '4E .... - Jt 'T;;~~;:~:~;;~~~;~f~~%~~t~~m~f~;~~~~~.9 ... .~, .; . . ~~.lI'...~;'J'.p'~~"";~":~:::'(!-;~~- OFVIOIi~~;~ $/mT~. .c' , '. No~eE' -~ " City of San Bernardino Depertment of Planning and Building Services 300 N. "0" St.. San Bernardino, California 92418-0001 19091384-5071 . FAX (9091384-5463 Property Location: / CO It6 ;-k.:>,P;-f/l! 1./ Owner: (l~/l."L.;) /-rJA7T/l-'t,{/ Address:" /3 f"3cfl 7:J/"d/r/c! /) lie",,;) City: 7!M~:J .-(.~,uE Date: (3- 7- ? ::D.e State: Cd Zip Code: <7-Z62Z ~ ~ o Permits Required (UAC 301a) Special investigation and fee required (UAC 304 d) Plans Reql,lired Other ,.c;,._ \ . .. --..-.-.-----t' . The above listed violations must be corrected within / b\ days. Please not the undersigned inspeCtor when the corrections have been completed. If you have any questions, please call . is Department. Thank you. your cooperation is appreciated. /1 ~ \ ~: Inspector's Name "-.u.L ..,~ .- Signature t/'~r'-,~$ . Phon(:z~r)Jj'l1-5'371 Legal Noti 85: , .( If you object to the determination concerning this notice. y6'u must file a written APPEAL with the City Clerk within 10 days from the date oHhis notice. Failure to correct the listed violations may result in the Cify placing a NOTICE OF PENDENCY upon this property until such time as the violations are corrected, or may result in other legal action as appropriate. - Compliance vyith this notice, befo.re, on, or after the above compliance date does noiprevent prosecution by the City Attorney's Office on any o/the above'violations o/the San Bernardino Municipaj.Code. "'.' ~N ". " , . "" Violadpns are punishable by a Fine,p~IJP.!..'!.J500 lindlor imprisonment in the county f;.{1 /0' a period 0/ up to six {6J months., Dlstributlon:_ WHITE - Mell to owner CANARY - lnapector PlNK.flle HARDCOpy. Post PLAN-13.04 17-941 ER: JI'I'lPlete items 1 and/or 2 for additional services. 1 also wish to receive the ", ,', ~items.3.and4a&.b. following services (for an extra fee): .~ '-"- ~rint your name and address on the reYeI'S9 of this form so that we can return this card :u. 1. 0 Addressee's Address tbK:h this form to the front of the maipiec:e, or on the back if space does not permit 2. 0 Re' stricted Del' MIry rUe "Return ~ AequestedR on the mailpiece belOW the artide runbel'. 18 Return ~ Fee wi. provide you the llignature of the person deINet9d 10 and the Consult postmaster for fee. ofdel .. _,-to: .,',"0' ___ ~__._~...,,:.--., 4a. Article Number ~, ~ . c." . ~. ..... ". ",*Ald Mattingl',&" P 917 212 218 13432 D1llllm\d tteac1"lf1ve 4b. Service Type Tustin_ CA 92600' I.. .~. C'- '"" rr Q. G- ~ '"" I1J I1J '"" I1J l8l: CEFlTIFIED 'e\' 3 7. Date of Delivery 8. Addressee's Address !II;! (ONLY ff f8<IU/lSIBd end..,~ paid.) .s- ,-",;;,,:?,",' ';:U;' H: , I DOMESTIC RETURN RECEIPT \ \ 1I i II II I . I r I_c 11, December .1991 J~ ~}~\id U.i\~ITll~.JyI~ . ,. g I a. , ~ -...,..,... '. ----__ .'. ,,"ASTERSt. . . -_ . ,"00 'I HO"" - _ . "rlT~I' .....__.. . -_ . - ..,TY'A' .tf!t;. "''''''~'',,,,,...: ...,. "";'1;Jr~,;,~'''B '~~~;';,~~~~L~ _~ . - " ':'l'~ ,~,-.. :";. _, \'P':o'~*'-'-_~L .,~~ ~ ~'" -~'-- <:".-':A~"IU~f~",,~-:"l!!! - r.o~'~,*;4;~",&-:;~"~-.~:-::-~~'~"_~,,,of'lt,;!- ~-,,-,>~" ~ ~. ~ r '~ '~. ':"~' ~ ~-.v ',,'-" ~~~'~'.=!7 ! _ --;;_. /'M--:,,_:<t*,;&,~:,,~ ~:,,~.o'-f;',~:--~t"'<'''''~~;.-1~J'~~~~-_~'#~4 ~..:...-'.....- . -."li~,t;~~ j"'. .o:".~' - ' .. .., ". .- ~< - '''~ > - -,' -~",;..,[,," . ~~":_, - ~;~::':~"'-: ,.: -,,~.-..::...,>;: ....::.=~~.7~--'G~::,.':',~;~ .;'~~{::'-C'~7~;( C I T Y 0 F- San Bernardino RACHEL C L ARK C I T Y C L E R K December 12. 1996 Law Office of Walter Tribbey 2061 Wright Ave., Suite A-3 La Verne, CA 91750 Re: 100 W. Hospitality Lane - Parcel No. 0141-412-38 - Case No. BI96-0007 We are in receipt of your Notice of Appeal to the Mayor and Common Council of the action taken by the Board of Building Commissioners on November 7, 1996 concerning the above- referenced property. The appeal is scheduled to be heard on Monday, January 13, 1997, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418. If you have any questions related to your appeal, please feel free to contact Rental Housing Division at (909) 384-5543. Sincerely, Rachel Clark City Clerk cc: City Attorney Rental Housing Division Administrator's Office VSandra Medina, AOS, City Clerk's Office File P. O. BOX 1318, SAN BERNARDINO, CA i2402 300 NORTH '0' STREET, SAN BERNARDINO. CALIFORNIA 92418-0001 (iOI)384-5002 (101)384-5102 FAX.(991)384-5158 TDDfTTY _4101)384_5540 , LAW OFFICE OF WALTER TRIBBEY 2061 Wright Ave. Su~e 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-C/T'( CLERI< '96 DEe -5 AlD :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 Ci ty 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 Date \ ~ \\ 19~ ~ \ ~ Received From ~ \ ~ ~ ~~~:~~~~ The Sum of '\ S Dollars ()O '0' ""'~. ~":~~ '\_~ , ~ . ' \ Cents Department By 693676 No. ACCOUNT NO. 12/11/% Batch: 13756 Trans. cOde: SF stub TOTAL DISTRIBUTION, White - Customer: Canary - Cashier: Pink - Department; Goldenro - Dept. Numeric Control AMOUNT "-,OD I \ \ 11:48:07 All ~ S GI) IAWOFFICE OF WALTER TRIBBEY 2061 Wright Ave. Su~e A-3 La Verne, California 91750 IlECEIVED--C/TY CLER~ ~IIC 11 All:()4 Telephone: (909) 392-5611 Facsimile: (909) 392-5610 Walter Tribbey December 9, 1996 city Clerk of the City of San Bernardino 300 No. D Street San Bernardino, CA 92418-0001 ATTN: JOSIE Re: Location: 100 W. Hospitality Lane San Bernardino, CA 92408 Order No. 3887 Case No. BI96-0007 Assessors No. 141-412-38 Dear Josie: Per your conversation with my secretary, enclosed is the required appeal fee in the amount of $75.00. 7}~ Walter Trib~ ~ Enclosure