HomeMy WebLinkAbout17-Planning & Building UITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bill Skiles, Code Compliance Subject: Appeal of the Board of Building Commissioner's
Order #3778, 1680 West 27th Street,
Dept: Planning & Building Services omolmtan Bernardino, CA
Date: October 30, 1996
MCC Date: December 2, 1996
Synopsis of Previous Council Action:
None
Recommended Motion:
Deny the appeal and uphold the finding of the Board of Building Commissioners Hearing, held October 3,
1996.
/4"
Bill Skiles, Code Compliance Manager
Contact person: Bill Skiles Phone: 384-5205
Supporting data attached: Staff Report Ward(s): 6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
Previously
Agenda Item No. _ �/
----------------------------------------- FOR OFFICE USE ONLY -------- ---------------------
Departments Receiving Date/Time Stamp:
NAR��N
Original to: cam ` o ;�9�
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a� Payment Information:
Date of Distribution:
Last Updated: 3/26/96 �� ���� GNDED t �
Account 001-000-4303
CITY OF SAN BERNARDINO - NOTICE OF APPEAL
IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council
appeals must be filed in the City Clerk's Office accompanied by the appropriate fee.
Complete All Information
Appellant Name
& Address:
Contact Person `
& Address:
O� c `-
Contact Person Phone l C J
Number: Day: C 09,). ?57 TD12 Evening:
Affected Property
Address & APN #
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Type of Appeal - Check One:
Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies:
(*Adjusted Annually)
Planning Commission ($122.00 *) _Board of Building Commissioners (No Charge)
Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Access Appeals Board (No Charge)
Vehicle Abatement ($75.00) Other/Explain: (No Charsze)
(continue next page)
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A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64):
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SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MAYOR AND COMMON COUNCIL MEETING OF November 18, 1996
BACKGROUND
See attached Staff Report which by reference becomes a part of this
report; Exhibit B
The Code Compliance division case file history indicate 1680 W.
27th St. , San Bernardino, has an extensive history of S.B.M.C.
violations to include the following:
7/8/96 Lack of landscaping, unmaintained landscaping, weeds, dry
brush, overgrown vegetation, trash and debris.
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.
7/10/96 A ten (10) day notice to abate violations was mailed to
the owner(s) of record via certified mail with no
response.
8/16/96 Reinspections were made and the following conditions were
observed in violations of the SBMC. Lack of landscaping,
unmaintained landscaping, weeds dry brush,
overgrown vegetation, trash and debris.
8/27/96 A Title Report recieved identified the owners) of record
and all vested parties. A Notice of Violation and
Statement of Direct costs were sent to all parties via
certified mail scheduling this matter before the Board of
Building Commissioners.
10/3/96 BBC Hearing held, staff recommendation was upheld. Fees
incurred: $453 . 60. See order #3778 attached.
APPELLLANTIS STATED GROUNDS OF APPEAL
1. The appellant is requesting that the administration fees
of $45^ . 00 be waived.
2. Appellant states that he was not notified that violations
existed.
APPELLANT'S ACTIONS SOUGHT FROM MAYOR/COMMON COUNCIL
Appellant requests that all administrative fees of $453.60 be
waived.
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO AUTHORIZING
2 THE ABATEMENT OF A PUBLIC NUISANCE
3 ORDER NO. 3778 CASE NO. 10298
WHEREAS, pursuant to the San Bernardino Municipal Code, Title
4
15, Chapter 15.24, the Building Official has posted a building(s)
5
located at 1680 West 27th Street, San Bernardino, California, with
6
a "Notice to Abate Nuisance" and has notified the person(s) having
7
an interest in said property that the said building(s) or premises
8
constitute a public nuisance;
9
WHEREAS, pursuant to San Bernardino Municipal Code, the
10
Building Official has served a "Notice of Hearing Before the Board
11
of Building Commissioners of the City of San Bernardino" , relating
12
to abatement proceeding, to the person(s) having an interest in
13 the above property, and has prepared a declaration of mailing of
14
the notice, a copy of which is on file in these proceedings; and;
15 WHEREAS, a hearing was held to receive and consider all
16
relevant evidence, objections or protests on October 3, 1996, and;
17 WHEREAS, there was an appearance made by Francisco Gutierrez
18
having an interest in the above property.
19
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
20 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
21
22
23
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3778 CASE NO. 10298
2 PAGE 2
3 SECTION 1. Based upon the evidence was submitted, it was
4 found and determined that the building(s) and or premises located
5 at 1680 West 27th Street, San Bernardino, California constituted
6 a public nuisance.
7 SECTION 2 . The Board of Building Commissioners accepted
8 staff's recommendations. The property owner(s) are hereby
9 directed to comply with the following requirements. Within ten
10 (10) days from the date of this order, the owners) of record
11 shall: Install landscaping where needed and shall maintain
12 existing landscaping to include regular irrigation, pruning and
13 cutting of lawn; remove and continue to keep property free of
14 weeds, dry brush and overgrown vegetation, remove and continue to
15 maintain property by removing trash, debris and any other item
16 causing an unsightly appearance or improperly stored.
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
23
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3788 CASE NO. 10298
2 PAGE 3
3 SECTION 4 . It was determined that the City was required to
4 initiate abatement proceedings upon which the City incurred costs
5 in the amount of $453. 60. These costs and future related
6 abatement costs shall be the personal obligation of the owner(s)
7 and shall be placed as a lien on the above property.
8 SECTION 5. Upon receipt of an application from the person
9 required to conform to the order and by agreement of such person
10 to comply with the order if allowed additional time, the
11 supervising building official may grant an extension of time, not
12 to exceed an additional 120 days, within which to complete said
13 repair, rehabilitation or demolition, if the supervising building
14 official determines that such an extension of time will not create
15 or perpetuate a situation imminently dangerous to life or
16 property. The supervising building official's authority to extend
17 time is limited to the physical repair, rehabilitation or
18 demolition of the premises and will not in any way affect or
19 extend the time to appeal the notice and order.
20 SECTION 6. Any person aggrieved by this order, may
21 appeal to the Mayor and Common Council by filing a written
22 statement with the City Clerk. The statement must include the
I 23 order appeal, the specific grounds of your appeal, and the relief
24 or action sought. This appeal must be received within fifteen
25 (15) days from the date of this notice dated October 15, 1996.
26
27
28
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3778 CASE NO. 10298
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 3rd day of October 1996,
1
by the following vote, to wit :
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso .
Carol Thrasher X-
Amado Savala k
Larry R. Quiel
"Joe" V. C. Suarez, Jr. X—
Ruben B. Nunez
Herbert Pollock X
Benjamin Gonzales
Leo Cash, Jr.
I
er card of Building Commissioners
IThe foregoing order is hereby approved this 3rd day of October,
1996 .
ChaYrman, Board of Building Commissioners
Approved as to form and legal content :
James F Penman, City Attorney
I
By: 0 �(N
14ARQ�
O - C CITY OF
DEPARTMENT OF PLANNING & BUILDING SERVICES
( CODE C 384-520DIV1SION
San Bernardino (909P)
lv ED IS �
STATEMENT OF COSTS
CASE NUMBER: 10298 Date: September 3, 1996
Location: 1680 West 27th SAN BERNARDINO CA
Parcel Number: 268-315-41
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 Compliance Officer: $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 $ 30.00
Attorney Costs $ 40.00
Vehicle Mileage (REPEAT TRIPS) .50 per mile X 20 $ 10. 00
Photographs $2 . 00 each X 3 $ 6. 00
Title Search $ 25.00
Certified Mailing $2 . 52 each X 5 $ 12.60
Notice of Pendency $ 125. 00
Hearing Costs $ 50. 00
SUBTOTAL $ 453 . 60
CONTRACTOR COSTS
Contractor: $ --------
40o Administrative Costs $ --------
Subtotal $ --------
Previous costs incurred: Contact City Clerk for $ -------
previous fees incurred
Abatement Date:
Total Amount Due $ 453. 60
All costs not immediately paid will be recorded with the County Tax
Asse7sors Office as a '_;en 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, ease contact the City Clerk's Lien Coordinator at
(909) 384-5 2 with the ase nu er and property address.
BY:
Code Com liance Officer
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North "D'Street,San Bernardino,CA 92418
t}titiNARD.,N
O
I T Y O F
an Bernardino
DE D 1 4
R A C H E L C L A R K
C I T Y C L E R K
October 16, 1996
Francisco Gutierrez
16770 San Bernardino Ave., No. 11-D
Fontana, CA 92335
!
Re: 1680 West 27th Street - Parcel No. 0268-315-41 - Case No. 10298
I
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 October 3, 1996 concerning the above-
referenced property.
I
The.appeal is scheduled to be heard on Monday, November 18, 1996, at 10:00 a.m., in the
I 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.
I
Sincerely,
I C'.Lc-,�-k
Rachel Clark
City Clerk
! cc: City Attorney
Debra Daniel, Code Enforcement Supervisor
• Administrator's Office
Sandra Medina, AOS, City Clerk's Office
File
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