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HomeMy WebLinkAbout16-Planning & Building CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bill Skiles, Code Compliance Subject: Appeal of the Board of Building Commissioner's Order #3589, 941 N. "G" Street, San Bernardino, CA Dept: Planning & Building Services Date: November 8, 1996 MCC Date: December 2, 1996 Synopsis of Previous Council Action: ORIGINAL None Recommended Motion: That the Mayor and Common Council deny the appeal and uphold the Order of the Board of Building Commissioners as described in order #3589 on 08/01/96. i. Bill Skiles, Code Compliance Manager Contact person: Bill Skiles Phone: 384-5205 Supporting data attached: Staff Report and attachments Ward(s): 2 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Tabled Agenda Item No. SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF DECEMBER 2, 1996 BACKGROUND 03/13/96 Received complaint from citizen 03/20/96 Inspection found lack of landscape, weeds, trash, debris, vehicles parked on unimproved surface and a unmaintained bamboo fence. A notice to abate nuisance for the violations was posted on the property. 04/02/96 A 10 day notice to abate nuisance was mailed via certified mail to Lorraine Gasperrelli, P. O. Box 489, Pomona, CA 91769. A copy of the notice was also mailed to the tenant, via certified mail. 04/17/96 Reinspection found non-compliance. 04/29/96 A property profile was obtained to identified the owner and all vested parties. 07/16/96 A notice of pendency was filed on the property and a notice scheduling this case to be heard before the Board of Building Commissioners was mailed to the owner and all vested parties. Signed receipts were returned from Loraine Gasparrelli and Robert Dahms, Jr. The notice mailed to Sears Mortgage Corporations was returned undelivered. 08/08/96 The Board of Building Commissioners approved staff recommendations with Mr. Dahms present, as described in Order #3589. 11/04/96 Reinspection found most of the violations still present. APPELLANT'S STATED GROUNDS OF APPEAL 1. No notice of requirement to repair prior to issuance of notice to abate notice. 2. Owner substantially completed all work required in the notice prior to receipt of the notice. 3. Failure by the Board of Building Commissioners to provide owner with due process. 4. Failure by the City Attorney to provide the Board with the evidence supplied by the owner. APPELLANT'S ACTIONS SOUGHT FROM MAYOR/COMMON COUNCIL Reverse the findings of the Board of Building Commissioners and waive the fees of $460.12. STAFF ANALYSIS Mr. Dahms was aware of the violations and failed to inform the Code Compliance Division of his intention to correct these violations. The majority of the violations have gone uncorrected since the first notice was posted on the property. The fees owing are based on direct cost of staff time and supplies used in effort to gain compliance from the owner. STAFF RECOMAIENDATION 1. That the Mayor and Common Council deny the appeal and uphold the Order of the Board of Building Commissioners as described in order #3589 on 08/01/96. Attachment: Appeal Staff Report BBC Order Photos (to be distributed at meeting) Prepared by: Brandol Eads, Code Compliance Officer II for Bill Skiles, Code Compliance Manager ROBERT DAHMS P.O. BOX 489 POMONA, CA. 91769 909 629-4349 k!G 22 P3 :46 909 629-4367 FAX AUGUST 19,1996 SAN BERNARDINO CITY CLERK'S OFFICE 300 NORTH "D" STREET, 2ND FLOOR SAN BERNARDINO, CA. 92418 ENCLOSED IS A CHECK FOR $75.00 PER THE APPEAL REQUIREMENT OF THE LETTER FROM THE CITY TO ME DATED AUGUST 8, 1996. RESPECTFULLY, I AM APPEALING THE DECISION MADE WITH RESPECT TO MY PROPERTY LOCATED AT 941 NORTH "G" STREET. THE ASSESSOR'S PARCEL NUMBER IS 0140142330000. YOUR LETTER INDICATES THE ORDER NUMBER IS 3589, THE CASE NUMBER IS 9849 AND THE COMPLAINT NUMBER IS 46064. THE OFFICER'S NAME IS B. EADS. MY SPECIFIC GROUNDS FOR APPEAL ARE AS FOLLOWS: 1. NO NOTICE OF REQUIREMENT TO REPAIR PRIOR TO ISSUANCE OF NOTICE TO ABATE. PROPERTY OWNER PROVIDED CITY WITH OWNER'S NAME "ROBERT DAHMS - SOLELY" CURRENT ADDRESS AND TELEPHONE NUMBER. NOTWITHSTANDING, CITY FAILED TO DIRECT NOTICE TO PROPER ADDRESS AND OWNER THE CITY DID NOT ATTEMPT TO CALL EVEN THOUGH THIS INFORMATION WAS ON FILE WITH THE CITY'S BUSINESS LICENSE DIVISION BECAUSE MR. DAHMS HAS A BUSINESS LICENSE FOR THIS PROPERTY WITH THE ACCURATE NOTIFICATION INFORMATION ON FILE WITH THE CITY. 2. OWNER, ROBERT DAHMS, SUBSTANTIALLY COMPLETED ALL WORK REQUIRED IN THE NOTICE PRIOR TO RECEIPT OF THE SAME. MR. DAHMS ALSO COMPLETED THE CRIME FREE RENTAL HOUSING PROGRAM OFFERED BY THE CITY FOR LANDLORDS. 3. CITY IS ESTOPPED FROM ASSERTING NUISANCE IN LIGHT OF CITY OFFICIAL'S REPRESENTATION THAT WORK CONDUCTED BY MR. DAHMS, PRIOR TO RECEIPT OF THE NOTICE RECTIFIED THE NUISANCE EXISTING ON THE PROPERTY. 4. CITY DEPARTMENT OF PLANNING AND BUILDING SERVICES, HOUSING INSPECTOR, PATRICK SMITH REPRESENTED TO ROBERT DAHMS THAT HE WOULD TRY TO GET THE CITY TO TAKE THE HEARING OFF CALENDAR DUE TO THE COMPLIANCE OF MR. DAHMS AND THE LACK OF COMMUNICATION WITHIN THE CITY'S OWN DEPARTMENTS. 5. THE FAILURE OF THE BOARD OF BUILDING COMMISSIONERS TO PROVIDE MR. DAHMS WITH DUE PROCESS BY FIRST REQUESTING AND THEN REFUSING TO PERMIT THE INTRODUCTION OF VISUAL REPRESENTATIONS OF MR. DAHMS' COMPLIANCE. 6. THE CITY ATTORNEY'S FAILURE AND REFUSAL TO PROVIDE THE BOARD OF BUILDING COMMISSIONERS WITH THE EVIDENCE AND PAPER TRAIL OF COMPLIANCE SUPPLIED TO THE BOARDS' REPRESENTATIVE BY MR. DAHMS. THE RELIEF OR ACTION SOUGHT FROM THE MAYOR AND COMMON COUNCIL IS AS FOLLOWS: MR. DAHMS REQUESTS THAT THE MAYOR AND COMMON COUNCIL OR THE BOARD OF BUILDING COMMISSIONERS REVERSE THEIR FINDINGS AND WITHDRAW THE REQUEST FOR ALL FEES AND IN THE FUTURE CALL FIRST IF THE CITY IS AWARE OF ANY PROBLEMS SO THAT THEY CAN BE QUICKLY MITIGATED AND THEREBY MAINTAIN A PLEASANT AND ESTHETIC ENVIRONMENT. OBERT DAHMS PROPERTY OWNER OF 941 N. "G" STREET CC JAY BERGER, ATTORNEY AT LAW 30100 TOWN CENTER DRIVE, SUITE 196 LAGUNA N I G U E L,CA 92677 714 495-5192 JAYBERG8.WPS T 1 SARp�yO Sri � CITY OF v a2 DEPARTMENT PLANNING ERVICES DE COMPANC DVISION San Be rn�rdlno (909) 3845205 G 'QED IN �0 Lorraine Gasparrelli RE: 941 North "G" Street & Robert Dahms, Jr. SAN BERNARDINO, CA P. O. Box 489 ASSESSORS NO: 140-142-33 Pomona, CA 91769-0489 ORDER NO: 3589 CASE NO: 9849/COMPLAINT: 46064 OFFICER: B. Eads August 8, 1996 Pursuant to action of the Board of Building Commissioners taken on August 1, 1996, a nuisance was found to exist at 941 North ■G" Street. Attached hereto, is a copy of the Board of Building Commissioner' s Order, which states the findings of the Board and any action necessary to abate the public nuisance (s) . As owner (s) and all vested parties of record you were notified in your previous Notice of Hearing that the Board' s findings may be appealed to the Mayor and Common Council within fifteen (15) days c-,f 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 and report/project 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 384-5002 . : B Y �-G—� Code Compliance Officer gr CC : City Clerk Property Owner - Via First Class Mail Lorraine Gasparrelli/Robert Dahms, 835 Duval, La Verne, CA 91750, Escrow #584-MC Sears Mortgage Corp. , 1333 Mayflower, Suite #110, Monrovia, CA 91016 Tenant, 941 North "G" Street, SnBdno, CA 92410 Robert Dahms, Jr. , P. 0. Box 3178, Dana Point, CA 92629 AI Boughey, Director of Planning and Building Services/Debra L. Daniel,Code Compliance Supervisor 300 North'D'Street,San Bernardino,CA 92418 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO 2 ORDER NO. 3589 CASE NO. 9849 3 4 5 WHEREAS pursuant to the San Bernardino Municipal Code, Title 15, Chapter 15 . 28 , the Building Official has posted a building (s) 6 located at 941 North "G" Street, San Bernardino, California, with 7 a "Notice to Abate Nuisance" and has notified the person (s) having 8 an interest in said property that the said building (s) or premises 9 constitute a public nuisance; 10 11 WHEREAS, pursuant to San Bernardino Municipal Code, the 12 Building Official has served a "Notice of Hearing Before the Board 13 of Building Commissioners of the City of San Bernardino" , relating 14 to abatement proceeding, to all person(s) having an interest in 15 the above property, and has prepared a declaration of mailing of 16 the notice, a copy of which is on file in these proceedings; and; WHEREAS, a hearing was held to receive and consider all 17 18 relevant evidence, objections or protests on AucTust 1, 1996, and; 19 WHEREAS, there was an appearance made by Robert Dahms, owner of the above referenced property. 20 21 22 23 24 25 26 27 28 . t. 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3589 CASE NO. 9849 2 PAGE 2 3 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. Based upon the evidence submitted, it was found 6 and determined that the buildings) and or premises located at 941 7 North "G" Street, San Bernardino, California constituted a public 8 nuisance. 9 SECTION 2 . The Board of Building Commissioners accepted 10 staff' s recommendations. The property owner(s) are hereby 11 directed to comply with the following requirements . Within ten 12 (10) days, the owner of record must remove trash, debris, weeds, 13 dry brush and overgrown vegetation, and any items causing an 14 unsightly appearance or is improperly stored; repair or replace 15 fence, remove vehicle from unimproved surface. The property shall 16 meet all applicable codes adopted by the City of San Bernardino. 17 SECTION 3 . Upon the owner (s) of record failure to comply 18 with the order of the Board of Building Commissioners, the Code 19 Compliance Division shall proceed to initiate abatement action by 20 obtaining an Inspection/Abatement warrant to abate violations 21 noted. 22 SECTION 4 . It was determined that the City was required to 23 initiate abatement proceedings and incurred costs in the amount of 24 $460 .12 . These costs and any future additional abatements shall 25 be the personal obligation of the owner and if unpaid shall be 26 recorded as a special assessment on the county tax record. 27 SECTION 5 . Any person aggrieved by this order, may appeal to 28 the Mayor and Common Council by filing a written statement with 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3589 CASE NO. 9849 2 PAGE 3 3 4 the City Clerk. The statement must include the order number 5 appealed, the specific grounds of your appeal, and the relief or 6 action sought . The written appeal must be received within fifteen (15) days from the date of this notice dated August 8, 1996. 8 10 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 /// BOARD OF BUILDING COMMISSIONERS ORDER NO. 3589 CASE NO. 9849 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 1st day of August 1996 by the following vote, to wit : ' COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso X Carol Thrasher �( Amado Savala >( Larry R. Quiel �( "Joe" V. C. Suarez, Jr. S� Ruben B. Nunez X Herbert Pollock x Benjamin Gonzales }L Leo Cash, Jr. Clerk, Board of Building Commissioners The foregoing order is hereby approved this 1st day of August, 1996 . ha rman, o it �ngommissioners Approved as to form and legal content : James F. Penman, City Attorney By: J�`2 SARDf1i _ J _ 5 7 r+? CITY OF 4 DEPARTMENT OF PLANNING & BUILDING SERVICES CODE COMPLIANCE DIVISION an 5crfiardifio (909) 384-5205 ^i\` STATEMENT OF COSTS CASE NUMBER: 9849 Date : JULY 16, 1996 Location: 941 NORTH G STREET SAN BERNARDINO CA Parcel Number: 140-142-33 The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino as a result of abatement proceedings recently completed at the above referenced property. DIRECT COSTS Code Officer Costs : $23 . 00 Hr X 3 $ 69 . 00 Clerical Staff Costs : $15 . 00 Hr X 2 $ 30 . 00 Supervisor Costs $28. 00 Hr X 2 $ 56 . 00 City Clerk Costs $ 22 . 00 Attorney Costs $ 40 . 00 Vehicle Mileage (REPEAT TRIPS) . 50 per mile X 20 $ 10 . 00 Photographs $2 . 00 each X 9 $ 18 . 00 Title Search $ 25 . 00 Certified Mailing $2 . 52 each X 6 $ 15 . 12 Notice of Pendency $ 125 . 00 Hearing Costs $ 50 . 00 SUBTOTAL $ 460 .12 CONTRACTOR COSTS Contractor: •$ ------- 40% Administrative Costs $ ------- Subtotal $ ------- Previous costs incurred: Contact City Clerk for $ ------- previous fees incurred Total Amount Due $ 460 .12 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 (714) 384-5002 with the case number and property address . By: Code Compliance Officer Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street,San Bernardino,CA 92418 e' )PECTION CHECK LIST 'ty Name Information Inquiry 0140142330000 941 N G ST Last Name - GASPARRELLI Phone #- - First Name - LORRAINE SSN - Middle Initial- Tract #- TaxArea- 7012 House Number - 941 Dry Lic- Direction - N Addr C_d- Street Name - G HOX - 1 Street Suffix - ST Last,-Up- 215962 Apartment - Aff No - Zip Code - SAN BERNARDINO, CA 92410 Prec- No- Foreign Addrl - P 0 BOX 489 Foreign Addr2 - POMONA CA 91769 Foreign Zip - Legal Desc 1 - C1TY LOT 3 BLK 70 COM. AT 1NTERSECT10N S L1 Legal Desc 2 - TEMPLE ST WITH W L1 LOT 3 TH S 44 FT ALG W Legal Desc 3 - Ll SD LOT TH E 90 FT PARALLEL W1TH N Ll 9TH Full Ass Name - GASPARRELLI, :LORAINE; r__. t d '9 aw a ca W •� � ,� p A .a v HIJ O 8 z 4 U rZ-4 o c. o a w z ? u > 3 c� 0 0 _ ' o Cd x � n x > �' N �. pop U W 5. 3 j $ E" V U y o o tj00 CL Q ; via gv, ° •.• W ° c o `* F1 2 ca ' UW � � 91w 3 O , � •n .. c ju w x F.y o 5 e m S v� c 3 U 'n a O U Em- z E.,y 9 O N v] Q oQ V CU C jam+ < < 00 a .-+ .-, _ Q ¢ Q ¢ Q ¢ QO � o � o 'fl �a, 'flv� O 01000000 OZ Va. ¢ c C > c ° o z Gzj Q A W a Q > Q o !:E w "a ..p o . -= a i O W � 3 y Ewa c� o Z o o c c F � Em z Q� Z w o c Q a U (—� 4 � U cs O �--� C O � ►�+ � oNO � off' � .� a � O ? � M Cl!E,y 1�1 'L� d � C O J o V C vi ° Q v o 'g U z � U W A a 3 U Q E., ,•a v U W o o �, ca N Z w E- 9 >% O z _ 4.) A E ~ W 5 a a y y � zQ '�• c UUc .a o b ca o •� vi cc U N v C a U °0 m u . a3H H QW ua c D <<'It a Z zaz > oar CITY. OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bill Skiles, Code Compliance Subject:Appeal of the Board of Building Commissioner's Dept: Code Compliance Division Order 941 NORTH "G" STREET, SAN BERNARDINO, CA Date: October 30, 1996 MCC Date: November 4, 1996 Synopsis of Previous Council Action: None Recommended Motion: Deny the appeal and uphold the finding of the Board of Building Commissioners Hearing held August 1, 1996. Bill Skiles, Code Compliance Manager Contact person: Bill Skiles Phone: 384-5122 Supporting data attached: Staff Report Ward(s): 2 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Previously ;11zlI n # d Agenda h SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF November 4, 1996 REQUEST See attached appeal received from Robert Dahms, which by reference becomes a part of this report; Exhibit A BACKGROUND See attached Staff Report which by reference becomes a part of this report; Exhibit B RECOMMENDATION That the Mayor and Common Council deny the appeal and uphold the findings of the Board of Building Commissioners meeting held August 1, 1996. Attach: Appeal Staff Report Resolution Order Photos (to be distributed at meeting) Prepared by: Debra Daniel, Code Compliance Field Supervisor for Bill Skiles !� O�RNARp�No I T Y O F r _ an bernardino 14DED IS R A C HL C L A R K C I T Y C ,L E R K October 1, 1996 Robert Dahms P.O. Box 489 Pomona, CA 91769 Re: 941 North "G" Street - Parcel No. 0140142330000 - Case No. 9849 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 August 1, 1996 concerning the above- referenced property. The.appeal is scheduled to be heard on Monday, November 4, 1996, 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 Code Compliance Division at (909) 384-5205. Sincerely, Rachel Clark City Clerk cc: City Attorney Debra Daniel, Code Enforcement Supervisor Administrator's Office File P . O . B O X 1 3 1 8 S A N B E R N A R D I N O C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 - 5 1 5 8 T 0 0 /T T Y - ( 9 0 9 ) 3 8 4 - 5 5 4 0 BBC Background Report - 941 NORTH 'G' STREET Case No: 9849 Officer: BRANDOL EADS 03-20-96 An inspection was made by the Code Compliance Division. The following conditions were observed in violation of the SBMC: SBMC 15 . 24 . 040 Al LACK OF LANDSCAPING SBMC 15 . 24 . 040 A4 TRASH, DEBRIS, LITTER SBMC 15 . 24 . 040 A5 VEHICLES PARKED ON UNIMPROVED SURFACE SBMC 15 . 24 . 040 A3 WEEDS, DRY BRUSH & OVERGROWN VEGETATION SBMC 15 . 24 . 040 A6 ABANDONED VEHICLE PARTS Conditions in violation of the SBMC could be viewed from the Public-Right-of-Way, therefore no consent to inspect was required. The property was posted with a notice of violation. 04-02-96 A ten (10) day notice to abate violations was mailed to the owner (s) of record via certified mail with no response . 04-17-96 A reinspection was made and the following conditions were observed in violations of the SBMC. CODE SECTION VIOLATION SBMC 15 . 24 . 040 Al LACK OF LANDSCAPE SBMC 15 . 24 . 040 A4 TRASH, DEBRIS, LITTER SBMC 15 . 24 . 040 A3 WEEDS, DRY BRUSH & OVERGROWN VEGETATION SBMC 15 . 24 . 040 A5 VEHHCLES PARKED ON UNIMPROVED SURFACE STRUCTURE REQUIRES FENCE REPAIR 04-29-96 A Title Report received identified the owners (s) of record and all vested parties . A Notice of Violation and Statement of Direct costs was sent to all parties via certified mail scheduling this matter before the Board of Building Commissioners . 4 , �i-•,, YYl Q. fj N.,•i re� � STAFF RECOMMENDATION unr iN •�� A i r (A) That the Board find nuisance existed at the time of original a VQ i inspection and continues to exist; (B) Within ten (10) days, the owner of record must remove trash, debris, weeds, dry brush and overgrown vegetation, and any other item causing an unsightly appearance or improperly stored; repair or replace fence, remove vehicle from unimproved surface. (C) Upon the owner(s) of record failure to comply with the order of the Board of Building Commissioners, the Code Compliance Division shall obtain an Inspection/Abatement warrant to abate violations noted. (D) Due to the owner(s) of record failure to respond or comply within the time frame stated on the previous notice of violations issued, the owner(s) shall incur these direct costs and any additional abatement costs as a lien upon record, and if not paid, shall be recorded with the County Tax Assessor as a special assessment on the property tax records. OtiRVAROl�1'p C 9�� CITY OF �p DEPARTMENT OF PLANNING & BUILDING SERVICES (San Bernardino CODE COMPLIANCE 9) 84- 0DIVISION O E D Lorraine Gasparrelli RE: 941 North "G" Street & Robert Dahms, Jr. SAN BERNARDINO, CA P. O. Box 489 ASSESSORS NO: 140-142-33 Pomona, CA 91769-0489 ORDER NO: 3589 CASE NO: 9849/COMPLAINT: 46064 OFFICER: B. Eads August 8, 1996 Pursuant to action of the Board of Building Commissioners taken on August 1, 1996, a nuisance was found to exist at 941 North "G" Street. Attached hereto, is a copy of the Board of Building Commissioner' s Order, which states the findings of the Board and any action necessary to abate the public nuisance (s) . As owner (s) and all vested parties of record you were notified in your previous Notice of Hearing that the Board' s findings 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 and report/project 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 384-5002 . By: Code Compliance Officer :gr CC : City Clerk Property Owner - Via First Class Mail Lorraine Gasparrelli/Robert Dahms, 835 Duval, La Verne, CA 91750, Escrow #584-MC Sears Mortgage Corp. , 1333 Mayflower, Suite #110, Monrovia, CA 91016 Tenant, 941 North "G" Street, SnBdno, CA 92410 Robert Dahms, Jr. , P. 0. Box 3178, Dana Point, CA 92629 AI Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North'D"Street,San Bernardino,CA 92418 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO 2 ORDER NO. 3589 CASE NO. 9849 3 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15, Chapter 15 . 28, the Building Official has posted a building (s) 6 located at 941 North "G" Street, San Bernardino, California, with 7 a "Notice to Abate Nuisance" and has notified the person (s) having 8 an interest in said property that the said building(s) or premises 9 constitute a public nuisance; 10 WHEREAS, pursuant to San Bernardino Municipal Code, the 11 Building Official has served a "Notice of Hearing Before the Board 12 of Building Commissioners of the City of San Bernardino" , relating 13 to abatement proceeding, to all person (s) having an interest in 14 the above property, and has prepared a declaration of mailing of 15 the notice, a copy of which is on file in these proceedings; and; 16 WHEREAS, a hearing was held to receive and consider all 17 relevant evidence, objections or protests on Aucrust 1, 1996, and; 18 WHEREAS, there was an appearance made by Robert Dahms, owner 19 of the above referenced property. 20 21 22 23 24 25 26 27 28 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3589 CASE NO. 9849 2 PAGE 2 3 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 5 SECTION 1 . Based upon the evidence submitted, it was found 6 and determined that the buildings) and or premises located at 941 7 North "G" Street, San Bernardino, California constituted a public 8 nuisance. 9 SECTION 2 . The Board of Building Commissioners accepted 10 staff' s recommendations. The property owner (s) are hereby 11 directed to comply with the following requirements . Within ten 12 (10) days, the owner of record must remove trash, debris, weeds, 13 dry brush and overgrown vegetation, and any items causing an 14 unsightly appearance or is improperly stored; repair or replace 15 fence, remove vehicle from unimproved surface. The property shall 16 meet all applicable codes adopted by the City of San Bernardino. 17 SECTION 3 . Upon the owner (s) of record failure to comply 18 with the order of the Board of Building Commissioners, the Code 19 Compliance Division shall proceed to initiate abatement action by 20 obtaining an Inspection/Abatement warrant to abate violations 21 noted. 22 SECTION 4 . It was determined that the City was required to 23 initiate abatement proceedings and incurred costs in the amount of 24 $460 .12 . These costs and any future additional abatements shall 25 be the personal obligation of the owner and if unpaid shall be 26 recorded as a special assessment on the county tax record. 27 SECTION 5 . Any person aggrieved by this order, may appeal to 28 the Mayor and Common Council by filing a written statement with i 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3589 CASE NO. 9849 2 PAGE 3 3 the City Clerk. The statement must include the order number 4 appealed, the specific grounds of your appeal, and the relief or 5 action sought . The written appeal must be received within fifteen 6 (15) days from the date of this notice dated August 8, 1996 . 8 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. 3589 CASE NO. 9849 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 1st day of August 1996, by the following vote, to wit : COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso �C Carol Thrasher Amado Savala X Larry R. Quiel x "Joe" V. C. Suarez, Jr. Ruben B. Nunez x Herbert Pollock Benjamin Gonzales Leo Cash, Jr. Clerk, Board of Building Commissioners The foregoing order is hereby approved this 1st day of August, 1996 . ha rman, oard of it ng ,ommissioners Approved as to form and legal content : James F. Penman, City Attorney By: a§:Ka (, 6,61� m ROBERT DAHMS P.O. BOX 489 POMONA, CA. 91769 909 629-4349 .95 ���'� 22 P 3 :M 909 629-4367 FAX AUGUST 19,1996 SAN BERNARDINO CITY CLERK'S OFFICE 300 NORTH "D" STREET, 2ND FLOOR SAN BERNARDINO, CA. 92418 ENCLOSED IS A CHECK FOR $75.00 PER THE APPEAL REQUIREMENT OF THE LETTER FROM THE CITY TO ME DATED AUGUST 8, 1996. RESPECTFULLY, I AM APPEALING THE DECISION MADE WITH RESPECT TO MY PROPERTY LOCATED AT 941 NORTH "G" STREET. THE ASSESSOR'S PARCEL NUMBER IS 0140142330000. YOUR LETTER INDICATES THE ORDER NUMBER IS 3589, THE CASE NUMBER IS 9849 AND THE COMPLAINT NUMBER IS 46064. THE OFFICER'S NAME IS B. EADS. MY SPECIFIC GROUNDS FOR APPEAL ARE AS FOLLOWS: 1. NO NOTICE OF REQUIREMENT TO REPAIR PRIOR TO ISSUANCE OF NOTICE TO ABATE. PROPERTY OWNER PROVIDED CITY WITH OWNER'S NAME "ROBERT DAHMS - SOLELY" CURRENT ADDRESS AND TELEPHONE NUMBER. NOTWITHSTANDING, CITY FAILED TO DIRECT NOTICE TO PROPER ADDRESS AND OWNER. THE CITY DID NOT ATTEMPT TO CALL EVEN THOUGH THIS INFORMATION WAS ON FILE WITH THE CITY'S BUSINESS LICENSE DIVISION BECAUSE MR. DAHMS HAS A BUSINESS LICENSE FOR THIS PROPERTY WITH THE ACCURATE NOTIFICATION INFORMATION ON FILE WITH THE CITY. 2. OWNER, ROBERT DAHMS, SUBSTANTIALLY COMPLETED ALL WORK REQUIRED IN THE NOTICE PRIOR TO RECEIPT OF THE SAME. MR. DAHMS ALSO COMPLETED THE CRIME FREE RENTAL HOUSING PROGRAM OFFERED BY THE CITY FOR LANDLORDS. 3. CITY IS ESTOPPED FROM ASSERTING NUISANCE IN LIGHT OF CITY OFFICIAL'S REPRESENTATION THAT WORK CONDUCTED BY MR. DAHMS, PRIOR TO RECEIPT OF THE NOTICE RECTIFIED THE NUISANCE EXISTING ON THE PROPERTY. 4. CITY DEPARTMENT OF PLANNING AND BUILDING SERVICES, HOUSING INSPECTOR, PATRICK SMITH REPRESENTED TO ROBERT DAHMS THAT HE WOULD TRY TO GET THE CITY TO TAKE THE HEARING OFF CALENDAR DUE TO THE COMPLIANCE OF MR. DAHMS AND THE LACK OF COMMUNICATION WITHIN THE CITY'S OWN DEPARTMENTS. 5. THE FAILURE OF THE BOARD OF BUILDING COMMISSIONERS TO PROVIDE MR. DAHMS WITH DUE PROCESS BY FIRST REQUESTING AND THEN REFUSING TO PERMIT THE INTRODUCTION OF VISUAL REPRESENTATIONS OF MR. DAHMS' COMPLIANCE. 6. THE CITY ATTORNEY'S FAILURE AND REFUSAL TO PROVIDE THE BOARD OF BUILDING COMMISSIONERS WITH THE EVIDENCE AND PAPER TRAIL OF COMPLIANCE SUPPLIED TO THE BOARDS' REPRESENTATIVE BY MR. DAHMS. THE RELIEF OR ACTION SOUGHT FROM THE MAYOR AND COMMON COUNCIL IS AS FOLLOWS: MR. DAHMS REQUESTS THAT THE MAYOR AND COMMON COUNCIL OR THE BOARD OF BUILDING COMMISSIONERS REVERSE THEIR FINDINGS AND WITHDRAW THE REQUEST FOR ALL FEES AND IN THE FUTURE CALL FIRST IF THE CITY IS AWARE OF ANY PROBLEMS SO THAT THEY CAN BE QUICKLY MITIGATED AND THEREBY MAINTAIN A PLEASANT AND ESTHETIC ENVIRONMENT. OBERT DAHMS PROPERTY OWNER OF 941 N. "G" STREET CC JAY BERGER, ATTORNEY AT LAW 30100 TOWN CENTER DRIVE, SUITE 196 LAGUNA NIGUEL,CA 92677 714 495-5192 JAYBERG8.WPS SENDER: •'Complete items f aW/or 2.foradditional services. I also wish to receive the • Cjllllllllllllllllte items 3,and 4a&h following services(for an extra fee. • r name and address on the reverse of this form so that we can return this card m 1. C3 Addressee's Address •' A this form to the front of the mailplece,or on the back if space does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you j0pyi9rkA&of the person delivered to and the Consult postmaster for fee. date of delivery- - 3.Article Addressed to: 4a.Article Number 0-9849JJ;p NORTH nary P 912 341 169 4b.Service Type 1`Ff'r t ITT 941 NCATH "'G" STS: ET CERTIFIED SAN 0I ttI+e# J)1W• CA 9:410 7.Date of Delivery APR 18 1998 5.Signature—(Addressee) 8.Addressee's Address (ONLY if requested and fee paid.) 6.Signature—(Agent) S h811, December.1991 DOMESTIC RETURN RECEIPT SENDER: I also wish to receive the ■Complete items 1 and/or 2 for additional services. following services(for an extra fee ■ r name and address on the reverse of this form so that we can return this card t 1. El Addressee's Address ■Attac this form to the front of the mailpiece,or on the back it space does not permit. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number ,ss4u/" 941 w h P 954 333 593 4b.Service Type A' Jtakc N—L LAW �( X CERTIFIED Y"O WX 7.Date df,Deli i1 ,A", CA c its3-�t`s�t-9 lqr�w MW 5.Re ei d By:(Print V,� 8.Addressee's Address (ONLY if requested and fee paid.) 6.Sign e:(Address Agent) X PS 3811, January:1996 : Domestic Return Receipt it ii SENDER: I also wish to receive the ■ items t and/or 2 for additional services. following services(for an extra feE ■'i name and address on the reverse of this form so that we can return this card 1 ❑ Addressee's Address •Attach this form to the front of the mailpiece,or on the back if space does not permit. 2. El Restricted D2II very fo •The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number 09"9/ 94't R l ��+ P 954 333 594 4b.Service Type CERTIFIED ROBW UvoIIS JR 035 I3L'VAL 7�Qe De ery 5.Received By:(Print Name) 8ee's Address (ONLY if requested and fee paid.) 6.Sign ure:_(Addres Agent) az�_" .� r PS 3811, January 99s Domestic Return Receipt ■Complete items 1 ardit 2 for additional services. I also wish to receive the ■Print your name and address on the reverse form so that we can return this card following services(f n extra fee to you. 1. 1:1 AddresserAdress ■Attach this form to the front of the mailpiece,or'on ine back if space does not permit. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date delivered. CnrlSLlt,postmaster f fee, * 3.Article Address 'to: .Article Number /«;:: .t-4i NNu ,.fir, P 954 333 586`, 4b.Service Type AGEL;,•. L?;i%, . >� CERTIFIED 835 t3 VA":- 7. Deliv qC) 5.Received By:(Print Name) 8.Addressee's Address (ONLY if requested and fee paid.) 6.Signat :(Addressee gent) t Ps 1 oRnn 3811, January 199 � Domestic Return Receipt ��t f f ti fi f( 1 1(If I iI t� 1 } X;`3,r�"•ss.'K-j .s '• y ,tyg,.y s�' ,,�..,�-= r„tht ENDER: - I also wish to receive the x> �, xr ■ to items 1 4ndlor 2 for additional services. following services(for an extra fee : f ,} ,;r ;d {r tx t ° f $ ■ `"ar name and addrNek?onhhe r@iers iof is idr6r�so} Vm can returnithi5 card's t S;1 s} i 1 t a t s t t r ' i. Addressee;s:Address ■Attach this form to the front of the mailpiece,or on the back if space does not permit. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3.Article Addressed to. 4a.Article Number jP96490 -E 941 a� i'� P 954 3 3 3 585 4b.Service Type i�Ad "t;' .Sill k CERTIFIED Sx bouN. 1.�i� �'.CFA 926110 a,. 1 7.Date of elivery q 5. ec iv td By: int Name) 8.Addressee's Address "�" (ONLY if requested and fee paid.) t Si u : Addressee or A P M 3811, January 1996 Domestic Return Receipt � y °`mow �P SENDER: I also wish to receive the f * 'Complete ae"g'and/or z for additional services. following services(for an extra fee �' ' '�� c^F°. ;•� I ■Print your name and address on the reverse of this form so that we can return this card to you. 1. ❑ Addressee's Address ■Attach this form to the front of the malpiece,or on the back it space does not permit. 2. ❑ Restricted Delivery - - ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number let• P 954 333 543 01649/ 941 U. OtP St 5/8/96 4b.Service Type e. 0. 31 J;> Jam. CERTIFIED tyao TIC, UA ,j—,,6x9 7.Date of Delivery 5.Received By:(Print Name) <; ress 's Address (ONL re uested and fee paid.) U co 6.Signature: ddressek or Agen F- CO P5 FORM'381!1,t,adua`t•i 1` ' i l 11 i I i! I III I t +1 estic+Return Receipt BERN A R 0 I T Y O F O �= an bernardino G�DED 1N♦0 R A C H E L C L A R K C I T Y C L E R K October 1, 1996 Robert Dahms P.O. Box 489 Pomona, CA 91769 Re: 941 North "G" Street - Parcel No. 0140142330000 - Case No. 9849 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 August 1, 1996 concerning the above- referenced property. The appeal is scheduled to be heard on Monday, November 4, 1996, 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 Code Compliance Division at (909) 384-5205. Sincerely, q:.,J� 'U--t� Rachel Clark City Clerk cc: City Attorney Debra Daniel, Code Enforcement Supervisor Administrator's Office File,I/ P . O . B O X 1 3 1 8 S A N B E R N A R D I N O , C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 - 5 1 5 8 T 0 D r T T Y • ( 9 0 9 ) 3 8 4 - 5 5 4 0 fJ7=r m O tnf—1 I � _ 1 no=�•rcr•• s+ i s �•y m -40 3>aN�. I `may o -w N / r, 1 '! e"F C!7 --1 C 1 .. .. k r N I W a ul I w ° a7 1 m - ti TO 1 O Cl)T n 1 �i O t7 ee Cp 'P•C C7 m / = 1 A d G 1 r. ?C!,O .P 3 I 11 1 11 1 CJ'7 I Or W Z It I 11 1 PU 1 11 1 II 1 W �... 1 9 I 11 I 11 I C•.•n t y 11+~l I -,j co 1 I 11 (JI M O II O 1 0 11 O I ° 3 N ° nolo Itol 0 0 CITY OF SAN BERNARDINO MISCELLANEOUS CASH RECEIPT NO 6913028 Date L / 19 _ ACCOUNT NO. AMOUNT pQ . Received From The Sum of S Dolla s Cents For A � a ate+ cm 0 er Departmen By o TOTAL DISTRIBUTION: White—Customer;Canary—Cashier;Pink—Department;Goldenrod—Dept.Numeric Control ROBERT DAHMS , P.O. BOX 489 POMONA, CA. 91769 IJ 909 629-4349G 22 P 3 :4� 909 629-4367 FAX AUGUST 19,1996 SAN BERNARDINO CITY CLERK'S OFFICE 300 NORTH "D" STREET, 2ND FLOOR SAN BERNARDINO, CA. 92418 ENCLOSED IS A CHECK FOR $75.00 PER THE APPEAL REQUIREMENT OF THE LETTER FROM THE CITY TO ME DATED AUGUST 8, 1996. RESPECTFULLY, I AM APPEALING THE DECISION MADE WITH RESPECT TO MY PROPERTY LOCATED AT 941 NORTH "G" STREET. THE ASSESSOR'S PARCEL NUMBER IS 0140142330000. YOUR LETTER INDICATES THE ORDER NUMBER IS 3589, THE CASE NUMBER IS 9849 AND THE COMPLAINT NUMBER IS 46064. THE OFFICER'S NAME IS B. EADS. MY SPECIFIC GROUNDS FOR APPEAL ARE AS FOLLOWS: 1. NO NOTICE OF REQUIREMENT TO REPAIR PRIOR TO ISSUANCE OF NOTICE TO ABATE. PROPERTY OWNER PROVIDED CITY WITH OWNER'S NAME "ROBERT DAHMS - SOLELY" CURRENT ADDRESS AND TELEPHONE NUMBER. NOTWITHSTANDING, CITY FAILED TO DIRECT NOTICE TO PROPER ADDRESS AND OWNER. THE CITY DID NOT ATTEMPT TO CALL EVEN THOUGH THIS INFORMATION WAS ON FILE WITH THE CITY'S BUSINESS LICENSE DIVISION BECAUSE MR. DAHMS HAS A BUSINESS LICENSE FOR THIS PROPERTY WITH THE ACCURATE NOTIFICATION INFORMATION ON FILE WITH THE CITY. 2. OWNER, ROBERT DAHMS, SUBSTANTIALLY COMPLETED ALL WORK REQUIRED IN THE NOTICE PRIOR TO RECEIPT OF THE SAME. MR. DAHMS ALSO COMPLETED THE CRIME FREE RENTAL HOUSING PROGRAM OFFERED BY THE CITY FOR LANDLORDS. 3. CITY IS ESTOPPED FROM ASSERTING NUISANCE IN LIGHT OF CITY OFFICIAL'S REPRESENTATION THAT WORK CONDUCTED BY MR. DAHMS, PRIOR TO RECEIPT OF THE NOTICE RECTIFIED THE NUISANCE EXISTING ON THE PROPERTY. � — ,ba- lit 4. CITY DEPARTMENT OF PLANNING AND BUILDING SERVICES, HOUSING INSPECTOR, PATRICK SMITH REPRESENTED TO ROBERT DAHMS THAT HE WOULD TRY TO GET THE CITY TO TAKE THE HEARING OFF CALENDAR DUE TO THE COMPLIANCE OF MR. DAHMS AND THE LACK OF COMMUNICATION WITHIN THE CITY'S OWN DEPARTMENTS. 5. THE FAILURE OF THE BOARD OF BUILDING COMMISSIONERS TO PROVIDE MR. DAHMS WITH DUE PROCESS BY FIRST REQUESTING AND THEN REFUSING TO PERMIT THE INTRODUCTION OF VISUAL REPRESENTATIONS OF MR. DAHMS' COMPLIANCE. 6. THE CITY ATTORNEY'S FAILURE AND REFUSAL TO PROVIDE THE BOARD OF BUILDING COMMISSIONERS WITH THE EVIDENCE AND PAPER TRAIL OF COMPLIANCE SUPPLIED TO THE BOARDS' REPRESENTATIVE BY MR. DAHMS. THE RELIEF OR ACTION SOUGHT FROM THE MAYOR AND COMMON COUNCIL IS AS FOLLOWS: MR. DAHMS REQUESTS THAT THE MAYOR AND COMMON COUNCIL OR THE BOARD OF BUILDING COMMISSIONERS REVERSE THEIR FINDINGS AND WITHDRAW THE REQUEST FOR ALL FEES AND IN THE FUTURE CALL FIRST IF THE CITY IS AWARE OF ANY PROBLEMS SO THAT THEY CAN BE QUICKLY MITIGATED AND THEREBY MAINTAIN A PLEASANT AND ESTHETIC ENVIRONMENT. OBERT DAHMS PROPERTY OWNER OF 941 N. "G" STREET CC JAY BERGER, ATTORNEY AT LAW 30100 TOWN CENTER DRIVE, SUITE 196 LAGUNA NIGUEL,CA 92677 714 495-5192 JAYBERG8.WPS I t T.»S Sc C73 rn CD .3 Q � D ° D Ir zC, z t- z co morn z z w v 0 v o LL _ Ln z (A Z 0 -10 j o m 0 � Dm � N rr" 00 X r, X 06 O 00 Z1 T _ C7 m o= J Tn ,_�� z• yoc�, c � _ t�