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HomeMy WebLinkAbout40-Planning and Buiding ! CITY OF SAN BERNADINO - REQUEST FOt COUNCIL ACTION From: Larry E. Reed, Assistant Director - Subject: Appeal of Building Commissioners Findings and Action of 9-6-91 for property located. at 3618 Hemlock. Dept: Planning & Building Services Date: October 10, 1991 Mayor & Common Council Meeting of 10-21-91 Synopsis of Previous Council action: No previous Council Action Recommended motion: That the Mayor and Common Council uphold the findings Commissioners requiring soils and engineering reports thirty (30) days, and allow City Inspectors access to within ten (10) days. of the Board of Building and all permits within the property for inspection ~ ~~/ Signature Contact person: Larry E. Reed Phone: (714) 384-51S7 Supporting data attached: Appeal, Staff Report, BBC Order Chapter 70 of UnifOrm Builing Code FUNDING REQUIREMENTS: Amount: Ward: 4 Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: . ___~_ .___ .._ 1..jf) lNll"ri'C"."."'; ClTY OF SAN BERNODINO - REQUEST FOI COUNCIL ACTION STAFF REPORT Subiect: Appeal of the Findings of the Board of Building Commissioners to require soils and engineering reports and obtain all building permits within thirty (30) days, and to allow city Inspectors on to the property to do inspections within ten (10) days. Reauest: The appellant, Janet Summerfield, requests through her legal advisor, Darlene F. Phillips, that the Mayor and Common Council waive certain requirements that they believe to be arbitrary, capricious, discriminatory and without any reason- able foundation. Backaround: 7-22-91 7-31-91 9-6-91 9-20-91 Analvsis: Inspection made by the Engineering Division after receiving a citizen complaint about conditions at 3618 Hemlock. complainant stated that various construction was being conducted on the property. Engineering then contacted Code Compliance Division and requested that they inspect the property also. Code Compliance Personnel observed a retaining wall under construction on the North side of the property, and a large amount of dirt being moved to the West side to extend beyond the property's pad. A Ten Day Notice to Abate Nuisance was sent to the owner requesting that City permits be obtained, and access on to the property to inspoect any construction being conducted without building permits. A letter was received appealing the Ten Day Notice. Case heard before the Board of Building commission- ers at which time staff recommendation was adopted. The owner filed an appeal to the Mayor and Common Council. Based on the amount of ing Code requires soils 70 under Excavation and excavation on the hillside the Build- reports and permits. See ABC Chapter Grading, Sec. 7003. (See attachment) Mavor and Council ODtions: Uphold the findings of the Board of Building commissioners and require the owner to obtain soils and engineering reports 75.0264 'Appeal of the Fin~gs of the BBC for 3618 H~Ck Mayor and Common Council Meetin~ of October 21, 1991 Page 2 and all building permits within thirty (30) days, and Building Inspectors access to the property to do building inspections within ten (10) days. allow routing OR Identify those violations that would be required to correct and waive those items that are believed to be arbitrary and excessive. Recommendation: That the Board of Building Commissioners motion to order the owner to obtain all soils and engineering reports within thirty (30) days, and all proper building permits within thirty (30) days, and allow City Building Inspectors access to the property within ten (10) days for the purpose of inspection be upheld. Prt!.Dared bv: Debra L. Daniel for Larry E. Reed, Assistant Director Planning & Building Services Attachments: A. Letter of Appeal B. Order of the Board of Building Commissioners Meeting of 9-6-91 C. Chapter 70 of the Uniform Building Code DLD:bss -- _" b - . . o HILL, FARRER & o BURRILL A PAATNEASIol'~ INCLUDING ""OI"DS10NAL CORPO"ATION5 OFltANGE COUNTY TII!:LEIDMONII!: l7'4' e41-ee015 ATTOANEYS AT LAW THIRTY_FIFTH FLOOR-UNION BANK SQUARE 445 SOUTH FIGUEROA STREET LOS ANGELES. CALIFOANIA St0071.ISee A.,J 101 I LI". 11881-'953) WM. M. ,....RREA Cl894-lg7l) STANl..EY 5 8URRILL 0902-'957) L.OS ANGELES COUNTY TI!:I..EPMONE 1213) e20-0"80 TEI..ECOl'"IER 12131 824-.840 WRITEI'fS OiRECT DIAL. NUlol8ER (213) 621-0845 September 20, 1991 Mayor & Common Council City of San Bernardino 300 No. "D" Street San Bernardino, CA 92410-0001 \Ci - :0 ,." .- ..,.., Attention: City Clerk Appeal from Order of Board of Building commissioners - Sectember 6. 1991 -, Re: ,,., '71 -:J N W " -'~""" -' Dear Mayor Holcomb and Members of the Council: ':""1 \0 This firm and the undersigned represent Janet Summerfield ("Appellant") who is the owner of a single family residence located at 3618 Hemlock, San Bernardino (the "Property"). Appellant hereby appeals the Order of the Board of Building Commissioners rendered September 6, 1991. That order, of which we have received no written notice as required by City procedures, appears to require that Appellant (1) obtain "all" (unspecified) grading, soils, and "retaining" permits within thirty daysl (2) allow the City permission within ten days to enter the property to do an "evaluation"l (3) and stop "all work" on the property until "such permits" are obtained. This appeal is based upon, but not limited to, the following: 1. Permits There is no reliable evidence to support the City's position that permits are required for any activities which are taking, or have taken, place on the Property. The City's demands are not based upon the actual condition of the Property or any existing code requirements. In addition, a number of the -,'" , " . . o o Mayor & Common Council September 20, 1991 Page 2 allegations made by City employees involve property not owned by Appellant. 2. Ent~ on ProDer~y The City has furnished no valid reason for requiring entry onto this private property. Allegations in a Notice of Abatement dated July 22, 1991, which refer to "possible construction" inside and "evidence of leakage" in roof are based totally upon speculation and conjecture. The demands for entry onto the Property by City employees have been undertaken without regard to Appellant's rights of privacy and/or due process. The demands have been unreasonable, arbitrary, and capricious and have not been based upon evidence of any imminent danger to either the public or the inhabitants of the structure. 3. Violations of Due Process a. The Building Commission based its conclusions on unsupported statements of code enforcement personnel and unreliable hearsay evidence of other property owners. b. city code enforcement personnel have been illegally trespassing on the Property. c. city code enforcement personnel have subjected Appellant to harassment ["I can make you paint your house"] and threats ["Give us consent to enter or I'll get a warrant and break your door down"] based upon "anonymous" calls without any provocation. d. City code enforcement personnel have placed unreasonable demands on reasonable requests for extensions of time by Appellant to obtain reports from her engineer and architect: any extension was made conditional upon allowing inspection of the inside of the residence I e. Appellant did not receive notice of the Building Commission hearing until August 27, 1991, and that notice was by way of an announcement taped to a fence on the property. f. The City's interpretations of its codes has been arbitrary, capricious, discriminatory and without any reasonable foundation. . . " o o Mayor & Common Council September 20, 1991 Page 3 This Appeal will be based upon this notice, all documents served by the City upon Appellant, and any other evidence presented at the hearing before the Common Council. Very truly yours, ~~., DARLENE FIsclHER ~ OF HILL, FARRER & BURRILL DFP:reb F:\USERS\DFP\SUftNER.APP D~AkU Du~~Dl~G CUak~DO~~ft~KO ORDER Q TO BOARD OP BUILDING COQSSIOllBRS TO CITY OP SU BBRNARDINO AUTHORIZING TO ABATEMENT OP A PUBLIC WISUCB OP ORDBR NO. 1580 REPORT NO. 3618 Hemlock WHEREAS, pursuant to the San Bernardino Municipal Code, Title 15, Chapter 15.28, the Building Official has posted a building(s) located at 3618 Hemlock , San Ber- nardino, California, with a "Notice to Abate Nuisance" and has notified the person(s) having an interest in said property that the said building(s) or premises constitute a public nuisance and has prepared a declaration of posting and mailing of the notice, a copy of which is on file in these proceedings 1 and WHEREAS, pursuant to said 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 of said nuisance, to the person(s) having an interest in said property, and has prepared a declaration of mailing of the notice, a copy of which is on file in these proceedings1 and WHEREAS, a hearing was held to receive and consider all relevant evidence, objections or protests on Seotember 6, 19911 and WHEREAS, The Board of Building Commissioners heard the testimony and examined the evidence offered by the parties relative to such alleged public nuisance, NOW, TOREPORE, BB IT RESOLVED BY TO BOARD OP BUILDING COJDlISSIOllBRS OP TO CITY OJ' SU BERNARDINO AS POLLOWS: - 1 - II R."1i.CC BOAP.D OP B .DING COMMISSIONERS ORDER OP ~BOARD OP BUILDING COMKIS~NERS . ORDER NO. 1~ REPORT NO. 3618 HemMk SECTION 1. Based upon the evidence which was submitted, . . it is found and determined that the building(s) or premises located at 3618 Hemlock San Bernardino, California, constitute a public nuisance; SECTION 2. The owner is hereby directed to complete the abatement of the public nuisance by allowing Building Of- ficials on the property within ten (10) days. owner shall obtain all soils and engineering reports within thirty (30) days. Owner shall stop all work immediately. Owner to obtain all proper permits within thirty (30) days, which was the recommendation given by the Board of Building Commissioners. SECTION 3. In the event the pUblic nuisance is not abated within the prescribed period of time, the City or person(s) authorized by the Building Official, will initiate action to abate the nuisance, and the costs thereof made a lien on the lot or parcel of land upon which the public nuisance exists. Such costs may be added to any existing costs, made a personal obligation of the property owner and Subject to immediate recovery by commencement of court proceedings against said party. SECTION 4. Any person aggrieved by this order may within fifteen (15) days after SeDtember 6. 1991, appeal to the Common Council by filing with the City Clerk a written statement of the order appealed from, the specific ground of appeal and the relief of action sought from Common Council. - 2 - II ----. - - . . ~ OP BUILDING COMMISSIO~ ORDBR NO. 1580 REPORT NO. 3618 Hemlock I HEREBY CERTIFY that the foregoing order was duly adopted by the Board of Building Commissioners of the City of San Bernardino at a reRular meeting ~hereof, held on the 6th day of Selltember , 19-11-, by the following vote, to wit: COMMISSIONERS: UI JIM ABSTAIN ABSERT Chairman-Herb Pollock ...lL Dan Westwood ...lL Pete Cortez --"'- Jack Hunt .....L... Benjamin Gonzales Manuel Flores .....L... .....L... Gene pensiero ...JL Thomas Chandler ...JL ~~. -L.~~~.JL CLERK, BOARD OF BUILDING COMMISSIONERS The foregoing September, 1991. order is hereby approved this ~, ~LDING 13th day of COMMISSIONERS Approved as to form and legal content: JAMES F., PENMAN, Pfty Attorney By:. (/-~ ~ IIII IIII CEIBBC -<-'...< . ' 1918 EDITION APPENDIX Chapter 70 EXCAVATION AND GRADING PuFJlC* Sec. 7001. The purpose of this appendix is to safeguard life. limb. property and the public welfano by regulating grading on private propeny. Scope Sec. 7002. This appendix sets fom rules and regulations to control excava- tion. grading and eanhwork construction, including fills and embankments; eslablisheS the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction. Permlta Required Sec. 7003. No person shall do any grading without first having obtained a grading pennit from the building official except for the following: I. Grading in an isolated. self-contained anoa if there is no danger apparent to private or public propeny, 2. An excavation below finished grade for basements and footings of a build- ing, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the comple- tion of such suucture. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining. quarrying, excavating, processing, stockpiling of rock. sand. gravel, aggregate or clay where established and provided for by law. provided such operations do not affect the lateral suppon or increase the stresses in or pressure upon any adjacent or contiguous propeny. 7. Exploratory excavations under the direction of soil engineers orengineering geologists. 8. An excavation which (a) is less than 2 feet in depth. or (b) which does not create a cut slope greater than 5 feet in height and sleeper than one and one-half horizontal to one vertical. 9, A fill less than 1 foot in depth and placed on natural terrain wllh a ,lope flatter than five horizontal lOone vertical. or less than 3 feet in depth. not int~nded to suppan structures, which does not exceed SO cubic yards on anyone lot and does not obstruC1 a drainage course. H8urda Sec. 7004. Whenever the building official determines that any existing exca- vation or embankment or fill on privatepropeny has become a hazard 10 life and limb. or endangers propeny. or adversely affects Ihe safety, use or stabilllY of a public way or drainage channel. the owner of the propeny upon which the excavation or fill is located. or other person or agent in control of said property. - - 871 v.~ . . j JL o o APPENDIX UNIFORM BUILDING CODe upon receipt ofnotice in writing hom tile building official. shall within tile period specified tIlerein repair or eliminate such excavation or embankment SO as to " eliminate tile hazard and be in conformance with tile requirements of this code. n Definitions Sec. 7005. For the purposes of this appendix the definitions listed hereunder shall be conslrUCd as specified in this section. Ji. APPROVAL shall mean the proposed work or completed work conforms to er this chapter in the opinion of the building official. AS.GRADED is tile extent of surface conditions on completion of grading. BEDROCK is in-place solid rock. BENCH is a relatively levelslep excavated into earth material on which fill is to be placed. BORROW is earth material acquired from an off-site location for use in grading on a site. CIVIL ENGINEER is a professional engineer registered in tile state to prac- tice in the field of civil works. th CIVIL ENGINEERING is the application of tile knowledge of tile forces of fn nature. principles of mechatlics and tile properties of materials In tile evaluation. lit design and constrUction of civil works for tile beneficial uses of mankind. COMPACTION is tile densification of a fill by mechatlical means. an EARTH MATERIAL is any rock. natUral soil or fill and/or any combination vo thereuf. ENGINEERING GEOLOGIST is a geologist experienced and knowledge- able in engineering geology. ENGINEERING GEOLOGY is the application of geologic knowledge and principles in tile investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. EROSION is tile wearing away of the ground surface as a result of the movement of wind. water and/or ice. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by artificial means. GEOTECHNICAL ENGINEER. See Soils Engineer. GRADE is tile vertical location of the ground surface. Existing Grade is tile grade prior to grading. Rough Grade is tile stage at which the grade approximately conforms to tile approved plan. flniah Grade is tile final grade of the site which confonns In tile approved plan. GRADING is any excavating or filling or combination thereof. KEY is adesigned compacted fill placed in a trench excavated in earth material beneath thelOe of a proposed fill slope. pi de te: su G aPi sl" en) sig I ul" nat lot tiOI oar 1 I 2 !err 3 grat 4 binl pro) runc 872 m v.~ - c r . . o o 1888 EDITION APPENDIX SITE is any 101 or parcel of land or contipous combinllion .". f nde hi "- grad' . ~ . .~...., . u rthe same owners p. w..... mg IS penOrmecl or permitted. SLOPE is an inclined ground surface: the inclination of which is expressed as a ratio of honzonw distance to venlcal distance. SOIL is naturally occutring superficial deposits overlying bed rock. SOILS ENGINEER (GEOTECHNICAL ENGINEER) is anengineere.pe. rieneed and knowledgeable in the practice of soils engineering (geotechnical) engineering. SOILS ENGINEERING (GEOTECHNICAL ENGINEERING) is the ap- plicalion of the principles of soils mechanics in the investigation. evaluation and design of civil works involving the use of earth materials and the inspection and/or testing of the construction thereof. TERRACE is a relatively level step conslnlCled in the face of a graded slope surface for drainage and maintenance porposes. , Grading Permit Requlrement8 Sec. 7806. (a) PermIts Required. E<cepl as e.empted in Section 7003 of this code. no person shall do any grading without firsl obtaining a grading permit from the building official. A separate permit shall be required for each site. and may cover both e.cavations and fills. (b) Application. The provisions of Section 302 (a) are applicable to grading and in addition the application shall state the estimated quantities of work in- volved. (c) PIaas aad Spedflcatloas. When required by the boilding official. each application for a grading permil shall be accompanied by two sets of plans and specifications. and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifICations shall be prepared and signed by a civilengiaeer wben required by the building official. (d) Jalormatlonoa PIaas ad In SpecIfIcations. Plans shall be drawn 10 scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and e.tent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws. otdinances. lUles and regula- lions. The fU'S1 sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following information: I. General vicinity of the proposed site. 2. Property limits and accurate contours of e.isting ground and details of terrain and area drainage. 3. Limiling dimensions. elevations or finish contours to be achieved by the grading. and proposed drainage channels and rellled consnuction. 4. Detailed plans of all surface and subsurface drainage devices. walls. crib- bing. dams and other protective devices to be consuucted with. or as a part of. the proposed walk together with a map showing the drainage area and the estimated lUnoff of the area served by any drains. 173 G'. . . o o UNIFORM BUILDING CODE APPENDIX S Location of any buildings or str\lCllllCs on the propertY whole the work is to be ~rfonncd and the locatiOll of any buildings or str\lCllllCS on land of adjacenl owners whicb are within IS feel of the property or which may be affected by the proposed gradiDg operations. . . . . specifications shall contain informauOII covenng conslIUCUOD and matenal requirements. (e) SoIIa EqIneeriDI Report. ~ soils engiMering !"porI tequired by Sub- section (c) shall include data reganlmg the nature. dislnbuuon and suength of e.isling soils. conclusiOllS and recommendations for grading procedures and design criteria for correcuve measures. mcluding bu\tteSS fills. when necessary. and opinions and recommendations covering adequacy of sile5to be developed by the proposed grading. including the stability of slopes. Recommendations included in the report and approved by the building official sball be incorporated in the grading plans or specifications. (l) EqInHriDI GeoIoIY Report. The engineering geology report tequired by Subsec:lion (c) shall include an adequate description of the geology of the site. conclusions and recommendatiOll5 regarding the effecl of geologic conditions on the proposed developmenl. and opiniOll5 and recommendations covering the adequacy of sile5to be developed by the proposed grading. Recommendations included in the report and approved by the building official sball be iJIcOrPOraIed in the grading plans or specifications. (g) ___. The provisions of Section 303 are applicable 10 grading per- . milS. The building officia1 may tequile that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permil was issued. Gr8d1ng F_ Sec. 7f//If7. (a) GeDa'U. F_ sball be assessed in accordance with the provi- ~ sions of this section or shall be as sel forth in the fee schedule adopted by the WI jurisdiction. (b)..... ReY\eW F_. When a plan or other data are tequiled to be submilled. a plan review fee shall be paid at the lime of submitting plans and specifications for review. Said plan review fee shall be as set forth in 1able No. 70-A. Separate plan review f_ sha1I apply 10 retaining walls or major drainage slIUcwres as tequired elsewhele in this code. For excavalion and fill on the same site. the fee shall be based on the volume of excavation or fill. whichever is greater. (e) GnodIDI PermIt F_. A fee for each grading permil shall be paid to the building official as set forth in 1ableNo. 70-B. Sepatare permilS and fees sball apply 10 retaining walls or major drainage slIUcwres as tequired elsewhole in this code. There shall be no separate charge for standard rerrace drains and similar facilities. I~ r. for . Pint permit auchoriziDl additional work to IhaI under I valid permit shall be the diffclalte beIwoeD the: fee pUd for me orilinal permit and me ree sbowll for the CtItire project. :.ol'lhc toW boudy costtotbejurisdictioo. whicbevcr is me pc.leSt. ThisCOSl sMlI iDelude supervision. overhead. equipmcn1. hourly wapi and frinp benefits ohhc employees involved. 875 . . Jc as II> h& wi SlL CI so pi' , Wi in 0' sl st. t< f s , o o 1988 EDITION APPl!NDlX IF TABLE NO. 7G-A-GIlADlNG PLAN Ill!V1EW FEES' SO cubic yards or less .................... .............~ofee 51 to iOOcubic:yards ... ............................... .......515.00 101 EO 1000 cubic: yards ....................................... 22.S0 100110 10.000 cubic yards ... . .. .. . .. . . .. .. .. . . . .. .. .. .. .. . . 30.00 10,00110 100,000 cubic yards-530.00 for the tint 10,000 cubic yards, plus 515.00 for eacb additional 10.000 yards or fraction thereof. 100.00110 200.000 cubic yards-S 165.00 for the first 100.000 cuble yards. plus $9.00 for each additional 10.000 cubic yards or fraction thereof. '100.001 cubic yardsormore-S2SS.00 forme first 200.000c:ubic yards. plus S4.S0 for each additional 10.000 cubic yards or fraction thereof. Olber Fees: Additional plan review required by changes. additions orrevisionstoapproved.plans ................................. S30.00pcrhour* (minimum clwSe-<>ne.balfbourl .Ortbe toW hourly cost to the jurisdiction. whichever is the greatest. This cost shall include supervision. overhead. equipmem, bourIy wages and fringe benefits of the employees involved. TABLE NO. 7G-a-GRADlNG PEIl. FEES' 5Ocubicyardsor1ess ................................................ $15.00 5110 100 cubic yards ................................................ 22.50 10110 looocubicyullt-S22.5O for the rusllOOcubic yards p1us510.5O for each additioaal 100 cubic yards or fnctiOlllhaeof. 100110 10.000 cubic yud>-5117.00 for tile r.... 1.000 cubic yards. plus 59.00 for each Idditioaa1I.ooo cubic yards or fnctiOlllhaeof. 10.00110 100,000 cubic yud>-5198.00 for tile r.... 10,000 cubic yards. plus $40.50 for each additiolllllO.ooo cubic yards or fnctioa ........f. 100,001 cubic yards or _5562.50 for tile fin. 100,000 cubic yards. plus 522.50 for ..... odditioaallO,ooo cubic yards or __. OlIIer"', Hb.... Feel: 1. IIIspectioas outside of nornW business houn ................. 530.00 per hour' (ftlinilllllm cbup--two boun) 2. ReilIIpection fees _ under provisioas of Secti0ll305 (I) ........................................ 530.00 per hour' 3. Inspections for which no fee is speciflCal1y iDdicated . . . . . . . . . . . 530.00 per hour' (minimum charse--<>ne.balfbourl 'The fee for . padina: permit authorizing additional work 10 thai: under . valid permit shall be the dit'fmnce between the fee paid for the original permil and the fee shown for Ihc em.ire pro;ca. 20r the IOIaI bourty COlt 10 Ibc jurisdiction. whichever is the putest. This COIl shall include supervision. overhald. eqWpmenI. hourly wqcs and fringe benerilS of the employees involved. 875 . . o o 'PPENDlX UNIFORM BUILDING COOE I I I Iond. I Sec. 7008. The building official may require bonds in sucb form and amounts 15 mav be deemed necessary to assure that the work. if not completed in accord- lance ;"'ith the approved plans and specifications. will be corrected to eliminate hazardous conditions. I In lieu of a sure\)' bond lIIe applicanl may file a casb bond or instrumenl of c",dil I with tile building official in an amounl equal 10 thai whicb would be "'quired in lIIe surety bond. , Cub Sec. 7009. la) General. Unless otherwise n:commended in the approved soils engineering and/or engineering geology "'porI. culS sball conform 10 the provisions of this section. In the absence of an approved soils engineering "'port. these provisions may be waived for minor CUIS nOl intended 10 support StruClureS. (b) Slope. The slope of CUI surfaces shall be no steeper than is safe for lbe intended use and sball be no steeper than 2 borizontallo I venical unless the owner furnisbes a soils engineering or an engineering geology report. or both. Slating thai the site has been invesligated and giving an opinion thai a CUI at a Sleeper slope will be stable and not create a hazard 10 public or private propeny. Ic) DraIaIe ucI 1irne\DI. Drainage and terracing sball be provided as . "'quired by Section 7012. , J FlII. Sec. 7010. (a) Genenl. Unless otherwise n:commended in the approved . soils engineering ",pan. fills shall conform 10 the provisions of this section. In the absence of an approved soils engineering report these provisions may be waived for minor fills not intended 10 supporl sU1lC\lll'Os. (b) FlU LocatioD. Fill slopes shall nol be construCted on natural slopes steeper than twO to ODe. (c) rnpentiOD of Ground. The ground surface shall be prepared 10 n:ceive fill by removing vegetation. noncomplying fill. topSOil and other unsuitable malerials scarifying 10 provide a bond wilh the new fill and. where slopes are steeper than five 10 one and the heighl is greater than 5 feel. by benching inlO sound bedrock or other competenl material as determined by the soils engineer. The benCh under the toe of a fill on a slope steeper than five 10 one shall be alleasl 10 feet wide. The area beyond the toe offill sball be sloped for sheel overflow or a paved drain sball be provided. When fill is 10 be placed over a cuI. the bench under the toe of fill sball be al""IIO feet wide bul the cutsball be made before placing the fill and acceptance by the soils engineer or engineering geologisl or bolh as a suitable foundalion for fill. (d) FlU Material. Detrimental amounls of organic material shall nol be per- mitted in fills. Except as permitted by the building official. no rock or similar . . o o APPENDIX - ------ ~ ~ oraln8g8.nd T.rnclnll Sec. 7011. (8) GeDeral. Unless otherwise indicated. on the 8"""""'ved ad' ~_: "I" and ' rr'- gr Ing plan. w..nage lac,llues terraclng sball conform to the provisions of lb section for cut or flU slopes steeper than 3 horizontal to 1 venical. IS (b) JerrKe. Terraces at least 6 feet in width shall be establi.hed al not more than :JQ.foot vertical interval. on all cut or fill .lope. to control sunace drainage and debris except that where only one terrace is required. it .hall be at midheighl. For cut or fill slopes greaterthan 60 feet and up to 120 feet in vertical height. one terrace at approximately midheight .hall be 12 feet in width. Terrace width. and .pacing for cut and fill slopeS greater than 120 feet in height shall be designed by the civil engineer and approved by the building official. Suitable acce.. .hall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall hove a minimum gradient of 5 percent and must be paved with reinforced concrete not Ie.. than 3 inches in thickness or an approved equal paving. They shall hove a minimum depth at the deepest point of I foot and a minimum paved width of 5 feet. A single run of swale or ditch .hall not collect Nnoff f~m a tributary area exceeding 13.500 square feet (projected) without discharging into a down drain. (c) Snbsurfan J)nInqe. Cut and fill slopes shall be provided with subsur- face drainage as necessary for stability. (d) DIspnIIII. All drainage facilities shall be designed to carry waterS to the . nearest practicable drainage way approved by the building official and/or other appropriate jurisdiction as a safe.place to depositsucb waters. Ero.ion of ground in the area of discharge shall be prevented by installation of nonerosive downdrains or other devices. Building pads shall hove a drainage gradient of 2 percent toward approved . drainage facilities. unle.. waived by the building offICial. EXCEPrJON: '!'be lfIdienl from the buildiD& pad may be I percenl if all of the follow... conditions exislWoughoUlthe permil area: A. No ptoposccI fdls ate ",-Ihan 10 feel in maximum deplh. B. No ptoposccI fulish CUI or fill slope faces have. vertical heighl in excess of 10 f.... C. No..istinIllope faceS. which have aslope face 'leeperthan 10 horizontally 10 I vertically. have . vertical heillu in excess of 10 f.... (e) IDterceplOI'DniDs. Paved interceptOr drains shall be installed along the top of all cut slopes wbere the tribllWY drainage area abuve slopes towards the cut and has a drainage path greater than 40 feet measured horizontally. Inloreeplor drains sball be paved with a minimum of 3 inches of concrete or gunite and reinforced. They shall hove a minimum depth of 12 inches and a minimum paved widlhof30 incbes measured horizontally across the drain. The slope of drain sball be approved by the building official. Eroalon eontrOI See. 7013. (a) SIopea. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This conU'll1 may consist of effective 878 . . ~ o o , itfeducible material with a maximum dimension greater than \ 2 inches shan be bUried or placed in fills. EX~PT.ION: 1be builclin.1 official may permit placement of lUBer toek when the sods enlmeer properly devises a meIhod of placement. continuously lRSpects i.ts placement and approves die fill stability. The followina conditions shall also apply: A. Prior to issuance of the grading permit. potential roc:k disposal areas shaU be dcl_a:d on the grodinl plan. B. Rock. sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade. measured vcnic:ally. C. Rocks shall be placed so as to assure fillinl of all voids with fines. (e) comp8dlon. All fills shall he eompacted to a minimum of 90 percent of maximum density as determined by U.B.C. Standard No. 70-1. In-place density shall he determined in accordance with U.B.C. Standard No. 70-2.70-3. 70-4 or 70-5. (0 Slope. The slope of fill sutfaces shall he no steeper than is safe for the intended use. Fill slopes shall he no steeper than twO horizontal to one vertical. (g) J)raiDaIe and Terndng. Drainage and terracing shall he provided and the area above fill slopes and the sutfaces of terraces shall he graded and paved as required by Section 7012. SelI*ltS Sec. 7011. (a) General. Cut and ftll slopes shall he set back from site bounda- ries in accordance with this section. Setback dimensions shall he horizontal distaDCC5 measured perpendicular to the site bouodary. Setback dimensions shall he a shown in Figwe No. 70-1. (b) 1bp orCal Slope. The top of cut slopes shall he made not n.....r to a site boundarY line than one fifth of the vertical height of cut with a minimum of 2 feet and a maximum of 10 feet. The setback may need to he increased for any required interceptor drains. (c) 'llJe or FIB Slope. The toe of fill slope shall he made not nearer to the site boundarY line than one.halfthe height of the slope with a minimum of2 feet and a maximum of 20 feet. Where a fill slope is to he located near the site boundary and the adjacent off-site property is developed. special precautions shall he incorpo- rated in the work as the building official deems necessary to protect the adjoining properly from damage as a result of such grading. These precautions may include but are not limited to: 1. Additionalsetbaeks. 2. Provision for retaining or slough walls. 3. Mechanical or chemical treatment of the fill slope sutface to minimize erosion. 4. Provisions for the conuol of surface waterS. (d) ModIftcatlon or Slope Location. The building official may approve alter- nate setbacks. The building official may require an investigation and recomrDCn- dation by a qualified engineer or engineering geologislto demonstrate that the intent of this section has heen satisfied. 877 i . . ~ o o pl~tinl. ~ proteCtion for the slopes shall be installed as soon as practicable and. pnor to c~hnl f~ final approval. Where cut slopct. are not subjec:t to erosion due W theefOSlOD-reslSWlt character aflhe materials. such prolCCtion may be omiucd. (b) ()tber DevIces. When: nec.ssary. check dams. cribbing. riprop or olber devic.s or melbods shall be .mploy.d to control.rosion and provide safety. Or8dlng Inspection See. 7014. (a) General. All grading operations forwhicb a pennit is required sban be subject to inspection by th. builcling official. When required by th. buiJcling official. special inspection of grading operations and special tesring sbal1 be perfOrmed in accordanc. with the provisions of Section 306 and Subsection 1014 (cl. (b) Gracllnl Deslptatlon. All grading in .xc.ss of SOOO cubic yanls sball be performecl in accordance with the approved grading plan prepared by a civil .ngi...... and sball be designated as ".ngineered grading." Grading involving I.ss tb8Il 5000 cubic yanls shall be designated "regular grading" unless the permittee. with th. approval of the building official. chooses to have th. grading performed as ".ngineered grading." (c) EqiMend Gradlnl Require_is. For .ngineered grading. itsball be the responsibility of the civil.ngineer who prepares the approved grading plan to ~ all recommendations from th. soils .ngineering and .ngineering geology reports into the grading plan. H. also sbal1 be responsible for the prof.ssional inspection and approval of the grading within his area of teChnical specialty. lbis mponsibility shall include. but need not be limited to. inspection and approval as to the .stablishment of line. grade and drainage of the dev.lop- ment area. The civil engineer shall act as the coordinating agent in the .vent the need arises for liaison between the other prof.ssionals. the contractor and th. building official. The civil engineer also sball be mponsibl. for the preparation of revised planS and the submission of as-gracIecI grading plans upon completion of the work. The grading conlrllClOr sball submit in a form prescribed by the building offtcia1a statement of compliance to saiel as-built plan. Soils engineering and engin..ring geology reports sball be required as speci- fied in Section 1006. During grading all nec.ssary reports. compaction data aud soil engineering and engineering g.ology recommendations shall be submined to the civil engineer and the building official by th. soils .ngineer and the .ngineer- ing geologist. The soilsengineer's area of responsibility sball include. but neecl not be limited to. the professional inspection aud approval concerning th. preparation of grouncl to receive fills. testing for required compaction. slability of all finish slopes and the design of buttress fills. wh.re requirecl. incorporating data supplied by th. engineering geologist. The engineering geologist's area of responsibility shall include. but need not be limited to. prof.ssional inspection anclapproval ofth. adequacy of natural ground for receiving fills and th. slability of cut slopes with respect to geological matters and th. need for subdrains or oth.r grounclwater drainage devic.s. H. sball repan his findings to the soils .ngineer ancl th. civil.ngineer for .ngineering aualysis. 871 . . ~ o o -.....~ --..~-- In. ........llIU:Inlu-COOI. ~ buildiJlg offICial shall !DSpea the projea at the '9'lrious s&ales of the work req~1 approval to determme that adequate control is beina uercised. by the professionoJ COllSUltanls. (d) IIep/ar GnodIaa Reqalremea... The buildinl official may Mquire in- spectionllld testiDl by an approved teslinl agency. The teslina agency's ...sponsibmty shall include, but need not be limited to, approval concemitll!be inspection of cleared areas and benches to m:eive fill, IlId !be COIlIpIdion of fills. When !be buildinl offICial has cause to believe that JOOIOJic factors may be involved !be podinl operation will be required to conform to ....giDeered padinl" requirements. (e) NolIfblIaa ofNOIICOIDpIIaac:e, If, in lite course offulfiJlinl his ...sponsi- bmty IIlIder this chapter, !be civil "Iineer, lite soils "81_, !be ..Jineerinl JOOloJist or !be teslina BJency finds that the work is DOl beinl done in conform- ance with this chapter or !be approved padinl plans. !be discrepancies shall be ...ported immediaIely in wrilinlto the persotI in cbarJe of !be JrIIdinI work and to !be buiIdinJ offICial. Recommeodalions for C~ve measlftS, if necessary, sIIaII be submitted. (I) 'Iruofer of _...-ability 'or Approval. If !be civil "Jineer, the soils ..~ !be enJineerinl JOOloJist or the testiDl agency of nocord is chan.... durinl!be coone of !be work, !be work shall be slOpped until !be "'Placement has apeed to accept !be mpoasibUity within !be..... ofhis technical cnmpelODCC for . approval upon complelion of !be work. Complellon of v.b'k See. 7015. (a) FIIIlII1leporta, Upon completion of !be mulh padiol work IlId at !be fmal completion of !be work !be buildinl offICial may require !be followiDl"'POJ'ls IlId drawinp aad supplements Ibe..,to; ~ I. AD u-paded JrIIdinJ plaD prepated by lite civilenJineer iDcludiDJ oriJiDa1 ., Jl"OUDd surface eIevatioas. u-paded Jl"OUDd swface elevations, lot drainaJe palteIllS IlId locations IlId elevations of all swface IlId subswf... drainage f""mties. He shall Slate that to the best of his know1edse !be work was done in accordance with !be fmal approved lradinl plan. 2. A soils-JrIIdinJ report ~ by the soils ..~ includiDllocations IlId e1evatioas of field density tests, summaries offield and laboratory tests and other substoftliolinl data IlId comments on any chan... made durinl padiol aad their effect on !be recommetIdation made in !be soils "Jineerinl inveslilation report. He shaJJ render afiDdiDJ as to !be adeq"""Y of the site for !be intended use. 3. A JOOIOJic padinl report ~ by lite enJineerinI JOOIOJisl, includiDl a fmal description of the JOOIOJY of lite site and any new information disclosed durinl the JrIIdinI aad the effect of same On ....ommendalions incorporated in the approved JrIIdinJ plaD. He shaJJ reader a findinllS to the adequ""y of lite site for !be iDICItded use IS affected by JOOIOlic factors. (b) NoCIIblIoD of C..,IetIoa. The permiaee or his ....1 shall notify lite boUdinl official when the padinl operation is ...my for final inspection. Final approval sIIaII DOl be Jiv.. until all work, includinl installation of all dninale 110 ft.i;"U_ J.. o o . . facilities aDd their procective devices. and all crosion-conuol measures have been. complered in 10_ with lhc final approved l"'Iina plan and the Rquiled reporu have been submiaed. PA' I . Hl2ba1Z'... ....20..... To. ..... ~ NIIuraJ or Fiftish Grade . ,.,..iI Am IoundarJ ..... No. 70-1 .1 ...,. II - II ..... '.... . " o o Hill, FARRER & BURRill A PARTNERSHIP INCLUDING PROFESSIONAL CORF'ORATlONS LOS ANGELES COUNTY TELEPHONE (213) 620-0460 ATTORNEYS AT LAW A. J. HILL 1188H9S3} WM. M. F"ARRER 11894-1971) STANLEY S. BURRILL 0902-1957) ORANGE: COUNTY TELEPHONE (714) 641-6605 TH1RTY.FIFTH FLOOR-UNION BANK SQUARE 445 SOUTH FIGUEROA STREET LOS ANGELES, CALIFORNIA 90071-1666 f'2'l:j') C''ti2 OWO'4'8'O' TELE:COPIER (213) 1524.4840 October 21, 1991 Mayor & Common Council City of San Bernardino 300 No. "0" Street San Bernardino, California 92410-0001 Attention: city Clerk Re: Appeal from Order of Board of Building Commissioners Dated SeDtember 13. 1991 Dear Mayor Holcomb and Members of the Council: This written submission constitutes a part of the presentation made on behalf of Janet Summerfield ("Appellant") who is the owner of a single family residence located at 3618 Hemlock, San Bernardino. Appellant is appealing the Order of the Board of Building Commissioners ("BBC") approved September 13, 1991. This submission includes, and incorporates by reference as though set forth in full, the letter from this office dated September 20, 1991, appealing the BBC's Order. In addition to the issues asserted in the oral presentation which Appellant anticipates presenting to the Council this date, Appellant raises the following objections to the City's unlawful procedures which have resulted in this proceeding, the erroneous purported "evidence" which has been used to sustain the misguided decision of the BBC, and the lack of any basis for the decisions which have been rendered in the matter to date. Unlawful And Unconstitutional Procedures ::Tc./"f' This matter all began &eFt~mR.r 1', 1991, when Appellant received a threatening, belligerent phone call from code enforcement officer Dan Nolfo who stated, among other things, that he had obtained an "anonymous" phone call, that it "looks like your roof leaks," that he was not like a regular inspector, but could make Appellant paint her house, that he "suspected" there was construction going on inside the house, that he wanted permission to come inside and inspect or he would "get a warrant and break the door in"! ~,., _ _ ~ n J IF -'10 . - - o o October 21, 1991 Page 2 At a meeting with Appellant and Mr. Nolfo on September 30, 1991, Mr. Nolfo refused to grant a 30-day extension to allow her to obtain soils and engineering reports unless she allowed him to inspect inside her house. (It should be noted that at the meeting of the BBC on September 6, 1991, Mr. Nolfo misrepresented this fact and said he did not deny the continuance.) Appellant was accompanied to this meeting by Richard Andrews, Esq. who, following the meeting, just coincidentally happened to received a Notice to Abate Nuisance on h1a property! At the meeting with Mr. Nolfo and at the BBC hearing, Mr. Nolfo has made references to and questioned conditions on Appellant's property which could only be made after first-hand observation. Although he has insisted that he has not been on the property, this is clearly not the case. The following activity of Mr. Nolfo has been observed in and around 3618 Hemlock: 11:00 a.m. - 12:00 noon: 6 drive-bysr parked on center line blocking entry to drivewayr 9/4 10:00 a.m.: drive-byr blocked drivewayr 8/14 9/5 2:02 p.m.: drive-byr 9/10 10:00 a.m.: pulled into driveway at 3618 and blocked entryr later parked in street and walked around house on corner of Hemlock and Willowr took picturesr 7/15 - 8/22: Mr. Leo Wood, owner of property at corner of Hemlock and Willow, reported seeing Mr. Nolfo drive past 3618 "numerous times." Moreover, according to the owner of the property across the street from Appellant, Mr. Leo Wood, Mr. Nolfo has been observed walking around and taking pictures on his property, again without permission and without a proper warrant. These entries are clearly unconstitutional as the Fourth Amendment warrant requirement applies to entries onto private land to search for and abate suspected and even known nuisances! o o October 21, 1991 Page 3 Unsunnorted "Evidence" Used To sustain the BBC's Decision The BBC arrived at its decision based upon incomplete, misleading, and plainly erroneous information. For example, Mr. Morales testified that he saw some cuts which were fourteen to twenty feet high: in fact, the attached report of Mr. Jonathan Rossi, licensed engineering geologist, states that the cut in question averages nine to ten feet in height. Mr. Nolfo states, based purely on speculation, that there is construction going on inside the house. The attached report of Mr. David Hatfield, licensed architect, states that there is no construction going on inside the house, the roof does not leak, and the structure is sound. Moreover, the photographs used by staff at the BBC hearing were totally misleading, showing primarily adjacent properties, not that of the Appellant. Appellant objected to this at the hearing, and subsequently requested the photos used. Eighteen photos were provided. When counsel wrote to Mr. Empeno, deputy city attorney, complaining that these were not the photos used at the hearing, twelve more photos magically appeared. Significantly, those twelve photos do not include many of the photos used at the BBC hearing! The last twelve were taken August 5, 1991: seventeen of the first eighteen were taken on August 13, 1991. curiously, one was dated August 12, 1991. It is difficult to believe that a code enforcement official went out on that date and only took ~ photograph. It is important to note that the motion made by the BBC on September 6, 1991, did not require entering the house to perform an inspection: however, the BBC decision prepared and distributed by your staff does include such a demand. In other words, the decision does not reflect BBC members intent or action, but rather staff recommendation. It should further be noted that when the BBC decision was sent to Appellant, it referenced certain costs which were purportedly attached, but no such costs were, in fact, attached. The notices and orders which have been served upon Appellant in connection with these proceedings have, from the beginning, been vague and ambiguous, providing no direction on what specific actions are required or why they are being required. Notices have been consistently served late (e.g., in regard to this appeal, counsel received the notice October 16, 1991), and they have been carelessly delivered (e.g., taped to gate post and/or stuck on mailbox). Even though the original Notice To Abate Nuisance indic;lted that "landscapinq" was required, even a casual observer, could note the enormous alllount of planting which has taken place, " 'in re.:ent weeks. H~stof the followinq had beenpla~ted ,or'-;?X:.' ' , purehilsed for plant1nq when Dan Nolfo called on i~~a- lf," . "'.." 19911 250 hemerocallls: 106 nerium oleander: 27 plumbago: 16 camelUa: 13 jacaranda milllosifolia: 9 aza.lea: 6 eucalyptus; 5 POPUlllS; S achefflera actilllophylla; 5 lantana; 4 milllosa; 3 -,.albiz:La julibrissinl 2 lagerstroemia; 2 Il'lelaleuca; 2 verbena: 1 . cacia ~1 tic:us. , . ,_ ".:..- ,.."......, '}"'::-';iC~~""":' "-<<:-:,i.:":;:-,:":",,.' -, .~. ~. - .' :fhe Dec;W.ons Rendered to - Dat.e Are wi -chout Anv Foundation >~~ -:-~':;r~,-::,:~!-' -':~:(::R.:i';~;~: x:;_.;.:;.~~~:.;(:~.::....;'1~:'\J':";:?:~4:.::-;:!'" ;'i~;:'~'>;'~: ::.' -:; -,;:~-:;~:j:,'&~;f*~':~~~;}.~::f:".'.':: _:::'_", -',:-":- Co,,'''.' .,---'''~;,c;,.:, There are 'numerous errors' in 'the staff reportiriclUded,,:;=;c~"-F,,:C;,' in YOllr agenda package for this .item. There is no retainingwa.ll~:"'!"" which code cOlllp1i~nce personnel -allege to ha'Veobserved.'!i:';i#~;~:'i".~j'C;ii. Horeo..er,H~;.;Dan1el stat.esthat. "based on -che I!lmountof~f4;;;i;1t~",,;: - . excavi!tions .-;;;;'.,~,.reports and. permits are required.\:JAt. no time -,4J-';J. -,,;:}-;: does'thestatf - establish the amount of dirt which hasbeenmoved.?~\ Furt~~rlIlore. there is no basis for the 'allegation that the dirt is be.ing used to "extend beyond the property's pad.",;'The dirt which was previously located on the west side of the 'property is now l':lcated in a self-contained area on the east side of the . prope:n:y whElre there is no risk of danger to private or public prope:t:'ty. It appears that code enforcemElnt are searching' for new "tact:s" when the ones they originally alleged could not be suppo:rted. ' !~i;,. .:. ..>"...-~... ~':f;l:f;X .. ^ . ""'~~"Z;:.;',~,:"::-:~"~~:,,,:~~,:,: o "..,..' .,,' '--'~':--,::i;!iif ,-~,.::..,,:~ / Octobl~r 21, 1991 Page " W41 ncotein passing that just prior to the institution of all of these charges, a lllan who identified himself as a . ,_.,... ."hou&el~uest (If.Kayor Holcomb stopped while Appellant was working ,-~- in he:r yard and inquired if she were relllodeling. Horeover ,'since ~~::=., Appellant WelS involved in legal action against the City a couple of ye.lrs agc), one must wonder if the action being directed at her is re'taliatory in nature. Thefaots which will be presented at the hearing and which are contained in the three reports attached hereto . ,'-',n ,c-;;!,:;;,;,"" demon:Btrate,that "the staff' s.p.~lations "are totally without i;';".,.c~lk.'{.:~; "foundiltion .;.:Mr ; "Jonathan Rossi ,'I\based upon on-site ob.ervation;},//;;<;:<, "and El't:udies of aerial photographs concludes that where the ,nine.>N)~;~~,<S;:'t ,X: to te:1\ foot cut. has been lIIade, the - slope is stable and not in,'~,~::~'i ,-I . .' , 'c. ,,;,., dange:!.' ot slidinq ,!;evenunder hell.vyrains ....This Ob..rvationJs,;,:";'.i,.-'., t>\;iiiT3tLconfi:t:'lIl.ed by ,the report of the.oils engineer,'Holoy Gupta.-_'rt''-::"m, ;" ':,,/\'inaUy , "th'l.report ot'al'chiteat David Hatfield confirms'ther.,1 .... ':':~:'.i'!': "~~0~~~tl;~~;n~~r~f'i~1i~0~~~~~~i5~t";-1~,,~,:.,.,':"e~:~~~.s;~l~;"i"'~;j';' :.~,.. ... " ~ ..~ _"_ ._.___.__._ . .....- -. . ,. '-.C- ~__ _n....__ - o , , / October 21, 1991 PageS no constrtlc't:ion going inside the residenr:e, the roof does not leak, and the house is structurally sound. W'll would like to believe that the Fourth AlDenaent is still alive in San Bernardino and that citizens are, indeed, secure in their homes and free of unreasonable search... The type of har;:lssment which Appellant has ~cperienced, without any probable calolse, must be stopped. Appellant has incurred to date expenses in the amount of $3,650. She has had to retain three experts and an attorney, even though the City had absolutelY no tlasis for lII;:lking the delllands it has lIIade. Appellant has lost a minimum of 53 hours of productive work time (I $150./hr) and her fundamental riqhts as a property owner to the quiet enjoyment and possession of her property have been Wrongfully violated. WIll trust that these events will not tie repeated and that the del::ision of the BBC will be overturned. Very truly yours I ~l~~ DARLENE FISCHER PHILLIPS OF HILL, FARRER " BURRILL . o September 5, 1991 Board of Building Commissioners City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Gentlemen: EXHIBIT A * I am a Registered Architect with the State of California. My license, number 3685, was issued in 1963 after I graduated from University of California, Berkeley. I have been a life-long resident of San Bernardino and have based.my architecture practice here. In addition to my ful1-. time practice, I taught Architecture at San Bernardino Valley College for many years. During that time I served as Department Head for the Architecture and Engineering Departments. In 1982 I was awarded the title of "Full Professor" for outstanding teaching ability. I have lectured at many U.S. and foreign universities and have served as consultant to the United States Government on housing matters. I have inspected the property at 3618 Hemlock Drive, San Bernardino, and have noted the following: - no evidence of roof leakage; - no evidence of construction inside; - the structure is in sound condition. Very truly YOL1'~ _ _ 1\ 1.~~ David Hatfield 5055 Davi d Way San Bernardino, CA 92404 . Ii o o , . . . SOILS SOUTHWEST, INC. CONSULTING FOUNDATION ENGINEERS AND ENGINEERING GEOLOGISTS 897 VIA LATA, SUITE J . COLTON, CA 92324. (714) 370-0474. FAX (714) 370-3156 October 18, 1991 Project No. 9lll40pn Mr. , Mrs. Summerfield 3618 Hemlock Drive San Bernardino, California Subject: Results of Laboratory Testings and Opinion Regarding Existing cut Slope 3618 Hemlock Drive San Bernardino Dear Mr. , Mrs. Summerfield: As requested laboratory testings on soil sampled from the existing cut slope at the north were made, the results of which are presented below. The soil exposed primarily consists of very dense, massive and cemented Older Alluvium of silty, fine to coarse gravelly sand. No definite bedding planes or jointings are noted. Attempts were made to obtain undisturbed samples for testings, but due to the dry gravelly nature, such samplings were not feasible. Consequently, our testings were conducted on soil samples remolded to 90 percent of the maximum dry density at increased moisture conditions. Sample Test Cohesion Friction No. Condition (psf) (deg) 1 remolded to 90% 150 29 of maxm. dry density 2 . 200 27 Soil Type: silty, fine to coarse gravelly sand, cemented. Laboratory determined Maximum Dry Density & Optimum Moisture content (ASTM D1557-78): 119 pcf e 9.8% 1 o o Summerfield/Hemlock 911140pn. Comments: Based on the geologic report for the site, dated September 19, 1991, prepared by John Rossi, CEG, it is understood that other existing cut slopes in the general area, with inclinations as steep as 0 to 1 (vertical) "did not show any indication of slope failure, or appear to be in imminent' danger of failure". Being beyond our scope of work, no actual slope stability analysis on the site soils were made. However, using the attached stability charts and the laboratory test results described above, the following maximum slope heights may be considerd 'stable' for the various slope inclinations stated below: Slope Ratio* For Factor of Safety (F.S) Maxm. Allowable Slope Heights 8 ft. 12 ft 22 ft. 1/2: 1 1.5 1: 1 1.5 1-1/2: 1 1.5 (* horizontal to vertical) The existing cut slope appears to be stable for the purpose intended, however adequate ground coverings are recommended to prevent slope surface erosion. Respectfully submitted, Soils Southwest, Inc. M ~ Moloy dU~, r.~. / RCE 31708 page 2 October 18, 1991 SSI .--0 o .~ 0.6 BASED ON TAYLOR'S CHARTS SAME CRITICAL SURFACE LINES 1 GIVEN c AND ~ OF SOIL AND Y AND H OF THE SLOPE PLOT POINT clyH. ~ AND READ FACTOR OF SAFETY. I FS.=2.5 0.5 0.1 o o 10 20 30 <P, DEGREES 40 50 J: >-- ..... 0.3 u ,--. , 0.2 From: Singh, Awtar. "Shear Strength and Stability of Man-Made Slopes" Journal of the Soil Mechanics and Foundation Division, ASCE No. 51-16, November 1970, pp. 1879-1892 c:: 1"S0 .f~1 L./r.j.\ ::. 0"7, c::p.s 9.7 to, -(':A 1\ 0 1='4-. -tt.:. g-hi-. fJ.J\Tt: . I I'~ J: . )>.. '- 0.3 u o o 0'.6 0.5 fi I 0.2 SAME CRITICAL SURFACE LINES 0.4 GIVEN c AND cp OF SOIL AND rAND H OF THE SLOPE PLOT POINT c/yH, cp AND READ FACTOR OF SAFETY. 0.1 o o 10 20 30 cp, DEGREES 40 50 FIG.. lO.-F-CONTOURS FOR SLOPE 1:1 C J lSO ~4, 'roO '-10 I r(:. Uopq.. L./m ::: 0-11) ~ .: 19.~_ 6']..14 Tl1 '2. o o V.b 0.5 ~ 1.5 0.1 0.4 GIVEN c AND; OF SOIL AND '1 AND H OF THE SLOPE PLOT POINT c/'1H, ; AND READ FACTOR OF SAFETY. :x: )00. ....... 0.3 u r '-- SAME CRITICAL SURFACE LINES 0.2 o o 10 20 30 ;. DE~REES 40 50 .-.--....--.... -.--.-.-.---..----.--------.--- ..--. From: Singh, Awtar, "Shear Strength and Stability of Man-Made Slopes" Journal of the Soil Mechanics and Foundation Division. ASCE No. SM6. November 1970. pp. 1879-1892 c.:: \.sO ~~) 1>.a 270) -(" lIo~+' ~/-(Ir :!. CJ,OrQ) +t:l 9~~#-. fl....rri:.-3. ..---- 0... m..u.a.._.. i JONATHAN L. ROSSI CONSULTING GEOLOGIST October 19. 1991 IN: 0910013.03 TO: Mr. & Mrs. Summerfield 3618 Hemlock Drive San Bernardino. California 92404 ATTENTION: Mr. & Mrs. Summerfield - Property Owner SUBJECT: Letter Report of Findings. Aerial Photograph Stereo Pair Review & Interpretation. Property Located at 3618 Hemlock Drive. City of San Bernardino. San Bernardino County. California. INTRODUCTION On September 25. 1991 Jonathan L. . Rossi. Consulting Geologist IJLR) was retained by Mrs. Summerfield to research and review appropriate aerial photographs applicable to the subject site from the San Bernardino County Flood Control District files. and the a flight obtained by you from the files of Pictorial Sciences. Inc.. San Bernardino. Ca. On September 26. 1991 JLR reviewed all o~' the flights at SBCFCD and listed such. On October 03. 1991 JLR and Mr. Summerfield reviewed each flight for its ~pplicability 'to the site. and selected those flight frames to be reproduced for later interpretation. This letter is based on the review of aerial photograph flights County C-8.l964 ,Frames /I 5 & 6: Pictori,~l' Flight IREDEV.X4l2 1991. Frames F-36 & G-45. REVIEW OF AERIAL PHOTOGRAPHS 1964 County Flight C-8.- County Flight C-8 was flown on June 25. 1964. Shadows of larger man-made ground features indicate the flight was taken in the morning. possibly 10:00 to 11:00 am. Lighting is from the east on a clear. sunny day. Scale is listed at the County as 1" = 1000'. A review of the stereo pair through an 8x magnifier photograph viewer indicated that some of the features seen as graded slopes in the photographs are present today with little of no change. New man-made cut slopes seen on the 1964 photos are present on Juniper Drive. west of Hemlock. and on Hemlock Drive. The slopes appear to be greater than 1: 1 inclination on the aerial photos. Resolution and. the stereo effect is poor. however the presence of the cut slopes is verifiable. One.of the major steep cut slope which has remained intact for 27+-years is located directly above the entrance to the subject site. Other slopes in the area which are existing in the field are present on the 1964 . photos. P.O. BOX 4018, BIG BEAR LAKE, CALIFORNIA 92315. (714)866-5183 --c,',.;;"......_. .. . o o '; -2- IN: 0910013.03 1991 pictorial Sciences Flight X4l2 - This flight was flown at a ~igher altitude, scale is estimated at 1"=2000'. The flight was flown January 19, 1991, on a clear sunny day. Approximate time of flight was 12:00 noon to 1:00pm, shadows 'are due north. Due to the altitude of the photos the ability to pick out individual small steep cut slopes is limited. However, several of the steep slopes located on Juniper Drive and present in the 1964 flight appear to be present in the 1991 photos. The most striking steep slope present on the property '1964 & 1991 photos) is located at the east edge,of the pad, above the driveway entrance, facing Hemlock Drive. This slope appears to be a combination of natural slope and man-made cut slope. It appears to have remained intact, without failure for the past 27 years. Other similar slopes are present at the entrance to adjacent lots on both sides of Hemlock Drive. , CLOSURE ., The findings contained is this report;: are based on limi ted aerial photo analysis of the above listed photograph pairs by Jonathan L. Rossi, Consulting Geologist. The work performed by Jonathan L. Rossi, Consulting Geologist has been completed in accordance with the professional practices currently, accept~d in the Geotechnical Consulting, Industry today. '.No warranty is either expressed of implied. Should you have any questions concerning this report please do not hesitate ,to contact me at my Big Bear Lake office (619) 248-2344, or through Soils Southwest at (714) 370- 0474. Jo than L. Rossi, Consulting Geologist Certified Engineering Geologist # 1460 cc: Moloy Gupta, RCE,Soils Engineer Soils Southwest, Inc. . JONATHAN L. ROSSI,CONSULTlNG GEOLOGIST. P.O. BOX 4018,BIG BEARLAKE,CALlFORNIA 92315 · (714)866-5183 . . J. ., o o. .-' ~ JONATHAN L. ROSSI CONSULTING GEOLOGIST September 19. 1991 IN: 0910013.01 ...; ".". '\ TO: Mr. & Mrs.. Summerfield 3618 Hemlock Drive San Bernardino, California 92324 ATTENTION: Mr. & Mrs. Summerfield - Property Owner SUBJECT Letter Report of Findings Concerning Geologic Conditions of Existing Cut Slope Located at the Rear of Property Located at 3618 Hemlock Drive, City of San Bernardino, San Bernardino County, California. INTRODUCTION- On September 17, 1991 Jonathan L. Rossi, Con~ulting Geologist (JLRl was retained by Mrs. Summerfield to observe a recently excavated cut slope on the subject site, and comment on the existing geologic iconditions at . and. immediately around the cut slope. Oni:September 18, 1991, JLR visited the site and met with Mr;& Mrs.. Summerfield. This letter is based on the observations made at that time. GEOLOGIC CONDITIONS - GENERAL The subii,ect site 'is situated at the top of a low northeast- southwest trendihg' ridge located in the foothills of the Western San Bernardino Mountains, on the northeast side of the San Bernardino Valley, .and the City of San Bernardino, California. . This region of Southern California is characterized by a band of low rounded hills, ridges, and steep sided canyons bordering the high mountain front directly to the northeast, and the sloping valley floor to the southwest. The foothill area is approximately one to two miles in width and contains. a collection of active earthquake faults belonging to the San Andreas Fault System. The subject site is located within the Alquist-Priolo Special Study Zone for the San Andreas Fault, South Branch. No active or potentially active fault traces have been mapped at the site of the existing cut slope. The NE-SW .trending ridges in the area of the subject site .consist of Older Alluvium elevated along the mountain front by uplift along the San Andreas Fault system. Several thousand feet to the NE is sedimentary' and .'. metamorphic bedrock. Depth to bedrock on the subject site-is not known. . P.O. BOX 4018, BIG BEAR LAKE, CALIFORNIA. 92315- (714)866-5183 '.' . - .lJL, II L o o -2- IN: 0910013.01 GEOLOGIC CONDITIONS - CUT SLOPE A south facing cut has been made; into the rear yard slope of the sUbject property. The cut slope is. a vertical cut averaging 9 ft. to 10 ft. across its length, with a measured maximum height of 11.5 ft. near the center. The slope is approximately 130 ft. in length, measured along its radius. The slope curves along an .inverse radius, away from the existing residential structure and garage located . on the subject site. An existing home is located at the top of the slope (thought to be a natural. slope) into which the cut was made. The adjacent home appears to be approximately 25 feet horizontal distance from the subject cut slope. . The existing slope between the cut and the upper residence is between. a 1:1 and a 1 1/2:1 inclination (horizontal to vertica!J. The slope is cut into, and exposes, massive Older Alluvium consisting of a light brown to brown silty sand with a few fine to coarse gravel scattered throughout. The Older Alluvium is slightly mineral cemented! There is little or no' depositional structure, no bedding, "no jointing, or other mappable geologic features. A. soil weathering zone approximately two feet in thickness ispresElnt at the top of the cut slope. This soil zone is disturbed by plant roots, animal burrows, and a few soil desiccation fractures;- The site pad gra~is essentially level, with a slight slope for drainage. Approximately two feet away from the cut face a block wall foundation has been cut into the natural earth materials (Older A11uvium\ set with reinforcing steel, and poured at some time within'the past few months. . The subject site property line is located approximately two feet up the slope from the top of the cut (data from owners). No evidence of faulting or 1ands1iding was observed in the cut slope exposures, across the subject site, or adjacent to it. There was no evidence of active or inactive springs or groundwater seeps. Additional information as to the geotechnical aspects slope, shear strength, soils slope stability, performance will be provided by the Soils Engineer. of the slope . . JONATHAN L. ROSSI,CONSULTING GEOLOGIST · P,O. BOX 4018,BIG BEARLAKE,CALlFORNIA 92315 · (714)866-5183 , o o -3- IN: 0910013.01 AREA OBSBRVATIONS Several natural and man made cut slopes are present in the area for observation. Some of the road cuts to the west were made for access in the late 1950's, and during. limited grading in the 1960's. At the entrance to the subject. property a steep hillside (thought to .be natural) is standing since the time of tract construction, or before (if natural). A near vertical man made cut with retaining wall is pr~sent on the hillside below the subject property. A vertical cut in an almost identical situation to that on the subject'property is present at a residential site located on Juniper Drive, west of Hemlock Drive. All of the slopes observed were either steep man made cuts or steep natural slopes. All of the observed slopes appear 'to expose Older Alluvium.., None of the observed man made cut slopes have been cut to the inclinations of 1 1/2:1 or 2:1 common in the 1980.s and 1990.s, but are either vertical or near vertical (60 to 70 degrees). None 'of the slopes show indication of slope failure, or appear to be in 'imminent' danger of failure*. ,j " The existing driveway cut observed on JUniper Drive has a row of Cypress trees growing directly in front of the vertical cut slope. The trees are large, indicating an extended time since their planting. Based on the presence of the trees, it1appears the vertical cut has been there for at leaS't ten years.( estimate based on size of trees may need confirmation by tree expert). The slope shows no signs of distress. . , ., As a final comment concerning the performance of the existing slopes observed in the area, it should be noted that all of these slopes have survived periods of heavy rainfall. The older slopes having survived more wet periods than the more recent ones. The periods of heavy rainfall whichJLR has personally experienced occurred .in 1969 1971, 1979 - 1981, and 1984 - 1986. Other wet seasons have occurred, and . can be reviewed by examination of San. Bernardino County Flood Control Hydrolo~y rainfall records. The earth materials exposed in the area slopes appear to hold up well even under wet conditions. * 'imminent' .def.: about to take place1 impending. menaci.ng, threatening,. alarming, ominous, sinister. Merria~-Webster Dictionary, & Thesaurus. . JONATHAN L. ROSSI,CONSULTING GEOLOGIST · P.O. BOX 4018,BIG BEARLAKE,CAUFORNIA 92315. (714)866-5183 . o o . -4- IN: 0910013.01 CONCLUSIONS Several natural and man made cut slopes in the area appear to. be capable of sustained ex~stence 11964 to 1991. 27 years) without significant failure. . It should be noted that some of the undisturbed (intact) man-made cut slopes observed in the neighborhood were located directly beneath. human occupancy structures in a similar situation as the subject slope. Should the property owner decide to provide additional support to the vertical cut slope as it now exists. several possible engineering solutions can be recommended by the Soils Engineer. and designed by the Soils and Structural Engineer. CLOSURE The findings contained is this report are based on limited field observations by Jonathan L. Rossi. Consulting Geologist. This work is limited to tQe rear yard. north. vertical cut slope existing on September 18, 1991. and does not apply to other portions of the subject property. The work performed by Jonathan L. Rossi, .Consulting Geologist has been completed in accordance with the professional practices currently accepted in the Geotechnical Consulting Industry today. No warranty is either expressed of implied. '. Should you have any questions concerning this report please . . do not hesitate to contact me at my Big Bear Lake office (619) 248-2344. 'or through Soils Southwest at (714) 370- 0474. Jo than L. Rossi. Consulting Geologist C rtified Engineering Geologist # 1460 cc: Moloy Gupta, ReE, Soils Engineer . JONATHAN L. ROSSI,CONSULTING GEOLOGIST. P.O. BOX 4018.BIG BEARLAKE,CALlFORNIA 92315 · (714)866-5183 - . tJllJ.~ - ~ ~~ o o HILL, FARRER & BURRILL ... PARTNIERSHIP INCLUDING PROF~SIONAl... CORPORATIONS ORANGE COUNTY Tl!:LEPl-lONE 171....1 641~660!5 ATTORNEYS AT LAW THIRTY-FIFTH FLOOR-UNION BANK SOUARE: 445 SOUTH FIGUEROA STRE:ET A. oJ, HILL 11881-195.3) WM. M. FARRER 11894-19711 STANLEY S. BURRILL {1902-19571 LOS ANGELES COUNTY TEL.EPHONE (2131 620-0....150 LOS ANGELES, CALIFORNIA 90071-1666 TELECOPIER l2131 152....-4840 ('n~" 0"6'2 O~4'6'6' October 21, 1991 Mayor & Common Council City of San Bernardino 300 No. "0" Street San Bernardino, California 92410-0001 Attention: City Clerk Re: Appeal from Order of Board of Building Commissioners Dated Sentember 13. 1991 Dear Mayor Holcomb and Members of the Council: This written submission constitutes a part of the presentation made on behalf of Janet Summerfield ("Appellant") who is the owner of a single family residence located at 3618 Hemlock, San Bernardino. Appellant is appealing the Order of the Board of Building Commissioners ("BBC") approved September 13, 1991. This submission includes, and incorporates by reference as though set forth in full, the letter from this office dated September 20, 1991, appealing the BBC's Order. In addition to the issues asserted in the oral presentation which Appellant anticipates presenting to the Council this date, Appellant raises the following objections to the City'S unlawful procedures which have resulted in this proceeding, the erroneous purported "evidence" which has been used to sustain the misguided decision of the BBC, and the lack of any basis for the decisions which have been rendered in the matter to date. Unlawful And Unconstitutional Procedures ::T../., This matter all began &9Ft9mpar 1', 1991, when Appellant received a threatening, belligerent phone call from code enforcement officer Dan Nolfo who stated, among other things, that he had obtained an "anonymous" phone call, that it "looks like your roof leaks," that he was not like a regular inspector, but could make Appellant paint her house, that he "suspected" there was construction going on inside the house, that he wanted permission to come inside and inspect or he would "get a warrant and break the door in"! IF .if 0 o o October 21, 1991 Page 2 At a meeting with Appellant and Mr. Nolfo on September 30, 1991, Mr. Nolfo refused to grant a 30-day extension to allow her to obtain soils and engineering reports unless she allowed him to inspect inside her house. (It should be noted that at the meeting of the BBC on September 6, 1991, Mr. Nolfo misrepresented this fact and said he did not deny the continuance.) Appellant was accompanied to this meeting by Richard Andrews, Esq. who, following the meeting, just coincidentally happened to received a Notice to Abate Nuisance on bia propertyl At the meeting with Mr. Nolfo and at the BBC hearing, Mr. Nolfo has made references to and questioned conditions on Appellant's property which could only be made after first-hand observation. Although he has insisted that he has not been on the property, this is clearly not the case. The following activity of Mr. Nolfo has been observed in and around 3618 Hemlock: 11:00 a.m. - 12:00 noon: 6 drive-bys; parked on center line blocking entry to driveway; 9/4 10:00 a.m.: drive-by; blocked driveway; 8/14 9/5 2:02 p.m.: drive-by; 9/10 10:00 a.m.: pulled into driveway at 3618 and blocked entry; later parked in street and walked around house on corner of Hemlock and Willow; took pictures; 7/15 - 8/22: Mr. Leo Wood, owner of property at corner of Hemlock and Willow, reported seeing Mr. Nolfo drive past 3618 "numerous times." Moreover, according to the owner of the property across the street from Appellant, Mr. Leo Wood, Mr. Nolfo has been observed walking around and taking pictures on his property, again without permission and without a proper warrant. These entries are clearly unconstitutional as the Fourth Amendment warrant requirement applies to entries onto private land to search for and abate suspected and even known nuisances I , o o October 21, 1991 Page 3 Unsunnorted "Evidence" Used To sustain the BBC's Decision The BBC arrived at its decision based upon incomplete, misleading, and plainly erroneous information. For example, Mr. Morales testified that he saw some cuts which were fourteen to twenty feet high; in fact, the attached report of Mr. Jonathan Rossi, licensed engineering geologist, states that the cut in question averages nine to ten feet in height. Mr. Nolfo states, based purely on speculation, that there is construction going on inside the house. The attached report of Mr. David Hatfield, licensed architect, states that there is no construction going on inside the house, the roof does not leak, and the structure is sound. Moreover, the photographs used by staff at the BBC hearing were totally misleading, showing primarily adjacent properties, not that of the Appellant. Appellant objected to this at the hearing, and subsequently requested the photos used. Eighteen photos were provided. When counsel wrote to Mr. Empeno, deputy City attorney, complaining that these were not the photos used at the hearing, twelve more photos magically appeared. Significantly, those twelve photos do not include many of the photos used at the BBC hearing I The last twelve were taken August 5, 1991; seventeen of the first eighteen were taken on August 13, 1991. curiously, one was dated August 12, 1991. It is difficult to believe that a code enforcement official went out on that date and only took ~ photograph. It is important to note that the motion made by the BBC on September 6, 1991, did not require entering the house to perform an inspection; however, the BBC decision prepared and distributed by your staff does include such a demand. In other words, the decision does not reflect BBC members intent or action, but rather staff recommendation. It should further be noted that when the BBC decision was sent to Appellant, it referenced certain costs which were purportedly attached, but no such costs were, in fact, attached. The notices and orders which have been served upon Appellant in connection with these proceedings have, from the beginning, been vague and ambiguous, providing no direction on what specific actions are required or why they are being required. Notices have been consistently served late (e.g., in regard to this appeal, counsel received the notice October 16, 1991), and they have been carelessly delivered (e.g., taped to gate post and/or stuck on mailbox). ~ 0-- - o / octobl=r 21, 1991 page .1 Even though the original Notice To Abate Nuisance indic;~te:1 that "landscaping" was requireCl, even a casual observer, could note the enormous hOunt of plantlnq which has taken place in re.:ent w_ks. Host of the followinq bad been ~ted or' purc:h;lsed tor plantlntjJ when Dan Nolto called on i ~a"t' 19, , 19911 250 hemerocallis; 106 nerium oleander; 27 plumbago; 16 camellia: 13 jacaranda mimositolla; 9 an.lea, 5 eucalyptus; 5 POPUll;1S1 5 schetflera actimophylla; 5 lantana; 4 mimosa; 3 albiz:La julibrissin; 2 lagerstroemla; 2 I'llelaleuca: 2 verbena: 1 cacia: 1 fic."US. 'rhe De(~igions Re!'ldered 'to. Dat:e Are Wi1:hou~ AllV Foundat.ion d'_ --, Tllere are numerous errors in the staff report inCluded in YOl;lr agencla pac:kaqe for this item. Tllere is no retaining wall which cocle compliance personnel allege to have observed. Horeo'"er, ~I. Daniel states that "based on the amount: of , excavl~tions. ; . It reports and permits are required. ,At no time does 'dle staff establish the amount of dirt which has been moved. Furth,armore, there is no basis for the alleqat.ion that: the dirt is being used to "extend beyond the property I s pad. II Tlle cUrt which was previously located on the west side, of the property is now l,)cated in a self.contained area on the east side of the prope:ety where there is no risk of danger to private or public prope:ety. It appears that cocle enforcement are searching for new "fact:s" whell the ones they originally alleged could not be suppo:rted. ' We note in passing that just prior to the institut.ion of aU of these charqe., a 1llan who identified himself as a _ house'~est of, Mayor Holcomb stopped while Appellant was working " in he:r yard and inquired if she were remodeling. Horeover, , since ---- , Appellant was involved in legal action against the city a couple of ye,~rs ago, one must wonder if the action being directed at her is re't:aliatory in nature. The facts which will be presented at the hearing and which are contained in the three reports attached hereto demcn:Rtrate that the ataff I a speculations are totally without foundiltion. Mr.' Jonathan Rossi," based upon on-site observation and s-cudies of aerial photographs concludes that where the nine to te::! foot cut has been made, the.lope is stable and not in dange:r of slidin9. ,even under heavy rains. This observation i. "confi:rmed by the report of the soils en9ineer, Moloy Gupta.:;~:",;j Finally, ~~e,:r:-eport of architect David ~tfield confirms there is 0- -~.,._-.t,,-,.". ~_ ',:~~'I:'-';':":":-/:'::"-:--"_'~'_" ,_ > ... ~ -.-0.--- --- o , . .' october 21, 1991 Page 5 no construction going inside the residenr:e, the roof does not leak, and the house is structurally sound. We would like to believe that the Fourth Amendment is still alive in San Bernardino and that citizens are, indeed, secure in their homes and fr~e of unr.a.~nable search... The typo of harassnent which Appellant has e:cperienced, without any probable c:a1Jse, must be stopped. Appellant has incurred to date expenses in the amount of $3,650. She has had to retain three experts and an attorney, even though the City had absolutely no 1:Iasls for lII;!lkinq the demands it has lIIade. Appellant has lost a lIIinimum of 53 hours of productive work time (8 $150./hr) and her fundamental rights as a property owner to the quiet enjoyment and possession of her property have been wrongfully violated. WI. trust that these events will not be repeated and that the del::ision of the BBC will be overturned. Very truly yours, ~lr?~ DAltLENE FISCHER PHILLIPS OF HILL, FARRER " BURRILL , o EXHIBIT A September 5, 1991 Board of Building Commissioners City of San Bernardino 300 North "0. Street San Bernardino, CA 92418 Gent1 emen: I am a Registered Architect with the State of California. My license, number 3685, was issued in 1963 after I graduated from University of California, Berkeley. I have been a life-long resident of San Bernardino and have based my architecture practice here. In addition to my fu11- time practice, I taught Architecture at San Bernardino Valley College for many years. During that time I served as Department Head for the Architecture and Engineering Departments. In 1982 I was awarded the title of "Full Professor" for outstanding teaching ability. I have lectured at many U.S. and foreign universities and have served as consultant to the United States Government on housing matters. I have inspected the property at 3618 Hemlock Drive, San Bernardino, and have noted the following: - no evidence of roof leakage; - no evidence of construction inside; - the structure is in sound condition. Very truly YOLJ'~ _ _ 1\ b.o':JQ.J ~ David Hatfield 5055 David Way San Bernardino, CA 92404 . II o o SOilS SOUTHWEST, INC. CONSULTING FOUNDATION ENGINEERS AND ENGINEERING GEOLOGISTS 897 VIA LATA, SUITE J . COLTON, CA 92324. (714) 370-0474. FAX (714) 370-3156 October 18, 1991 Project No. 9lll40pn Mr. & Mrs. Summerfield 3618 Hemlock Drive San Bernardino, California Subject: Results of Laboratory Testings and Opinion Regarding Existing cut Slope 3618 Hemlock Drive San Bernardino Dear Mr. & Mrs. Summerfield: As requested laboratory testings on soil sampled from the existing cut slope at the north were made, the results of which are presented below. The soil exposed primarily consists of very dense, massive and cemented Older Alluvium of silty, fine to coarse gravelly sand. No definite bedding planes or jointings are noted. Attempts were made to obtain undisturbed samples for testings, but due to the dry gravelly nature, such samplings were not feasible. Consequently, our testings were conducted on soil samples remolded to 90 percent of the maximum dry density at increased moisture conditions. Sample Test Cohesion Friction No. Condition Cpsf) Cdeg) 1 remolded to 90% 150 29 of maxm. dry density 2 . 200 27 Soil Type: silty, fine to coarse gravelly sand, cemented. Laboratory determined Maximum Dry Density & Optimum Moisture content CASTM D1557-78): 119 pcf 0 9.8% 1 , o o Summerfield/Hemlock 9l1140pn. Comments: Based on the geologic report for the site, dated September 19, 1991, prepared by John Rossi, CEG, it is understood that other existing cut slopes in the general area, with inclinations as steep as 0 to 1 (vertical) "did not show any indication of slope failure, or appear to be in imminent' danger of failure". Being beyond our scope of work, no actual slope stability analysis on the. site soils were made. However, using the attached stability charts and the laboratory test results described above, the following maximum slope heights may be considerd 'stable' for the various slope inclinations stated below: Slope Ratio* For Factor of Safety (F. S) Maxm. Allowable Slope Heights 8 ft. 12 ft 22 ft. 1/2: 1 1.5 1: 1 1.5 1-1/2: 1 1.5 (* horizontal to vertical) The existing cut slope appears to be stable for the purpose intended, however adequate ground coverings are recommended to prevent slope surface erosion. Respectfully submitted, Soils Southwest, Inc. Maloy eM, E.J:i. RCE 31708 ~ ./ page 2 October 18, 1991 5SI . > .-----0 o -~ 0.6 BASED ON TAYLOR'S CHARTS SAME CRITICAL SURFACE LINES J GIVEN c AND rp OF SOIL AND Y AND H OF THE SLOPE PLOT POINT c/yH, rp AND READ FACTOR OF SAFETY. I FS:2.5 0.5 0.4 J: >-- ...... 0.3 u r-. , 0.2 0.1 o o 10 20 30 t/J. DEGREES 40 50 From: Singh, Awtar, "Shear Strength and Stability of Man-Made Slopes" ",Lourna1 of the Soil ~lechanics and Foundation Division, ASCE No. ~~. November 1970, pp. 1879-1892 c, 1'50 .f~1 7'rH :. 0'17 I ~.& t).7 to) -(' ~ IIlJ 'P4-. 0\+;:. Q~. -fJ./l1~ ~ I - > o o /':':'" 0'.6 0.1 SAME CRITICAL SURFACE LINES fi I 0.5 0.4 GIVEN e AND 4> OF SOIL AND rAND H OF THE SLOPE PLOT POINT e/yH. 4> AND READ FACTOR OF SAFETY. :I: . )0.. ..... 0.3 u 0.2 o o 10 20 30 4>. DEGREES 40 50 FIG.. lO.-F-CONTOURS FOR SLOPE 1:1 C J l50 ~4, '?.. "10 I r(:. lIopq.. ~/n\- ~ 0-11) ~ .: 19.~. 6'J..lOTl1 '2. > o o V.b 0.5 ~ 1.5 0.4 GIVEN c AND ~ OF SOIL AND '1 AND H OF THE SLOPE PLOT POINT c/rH, ~ AND READ FACTOR OF SAFETY. :x: )0.. " 0.3 u r '-- SAME CRITICAL SURFACE LINES 0.2 0.1 o o 10 20 30 ~. DE~REES 40 50 -- ----..--.-" -.-----...-----..---------- ---- . -." From: Singh, Awtar, "Shear Strength and Stability of Man-Made Slopes" Journal of the Soil Mechanics and Foundation Division, ASCE No. .2ot6, November 1970, pp. 1879-1892 c.::: \J5C ~sf) ~s '.ll 0) 1'::. lIo~+- ~/-(Ir ::!. CJ'OtQ) t\: ~~~~. eL.I81't..-3. --.---- . 0-. o. JONATHAN L. ROSSI CONSULTING GEOLOGIST October 19. 1991 IN: 0910013.03 TO: Mr. & Mrs. Summerfield 3618 Hemlock Drive San Bernardino. California 92404 ATTENTION: Mr. & Mrs. Summerfield - Property Owner SUBJECT: Letter Report of Findings. Aerial Photograph Stereo Pair Review & Interpretation. Property Located at 3618 Hemlock Drive. City of San Bernardino. San Bernardino County. California. INTRODUCTION On September 25. 1991 Jonathan L. Rossi. Consulting Geologist IJLR) was retained by Mrs. Summerfield to research and review appropriate aerial photographs applicable to the subject site from the San Bernardino County Flood Control District files. and the a flight obtained by you from the files of pictorial Sciences. Inc.. San Bernardino. Ca. On September 26. 1991 JLR reviewed all o~ the flights at SBCFCO and listed such. On October 03. 1991 JLR and Mr. Summerfield reviewed each flight for its ~pplicability .to the site. and selected those flight frames to be reproduced for later interpretation. This letter is based on the review of aerial photograph flights County C-8.1964 Frames t 5 & 6: Pictori,~l' Flight IREDEV.X412 1991. Frames F-36 & G-45. REVIEW OF AERIAL PHOTOGRAPHS 1964 County Flight C-8.- County Flight C-8 was flown on June 25. 1964. larger man-made ground features indicate the taken in the morning. possibly 10:00 to 11:00 am. is from the east on a clear. sunny day. Scale is the County as 1" - 1000'. A review of the stereo pair through an 8x magnifier photograph viewer indicated that some of the features seen as graded slopes in the photographs are present today with little of no change. New man-made cut slopes seen on the 1964 photos are present on Juniper Drive. west of Hemlock. and on Hemlock Drive. The slopes appear to be greater than 1:1 inclination on the aerial photos. Resolution and the stereo effect is poor. however the presence of the cut slopes is verifiable. One.of the major steep cut slope which has remained intact for 27+-years is located directly above the entrance to the subject site. Other slopes in the area which are existing in the field are present on the 1964 . photos. P.O. BOX 4018, BIG BEAR LAKE, CALIFORNIA 92315 · (714)866-5183 Shadows of flight was Lighting listed at ~ . o o -2- IN: 0910013.03 1991 Pictorial Sciences Flight X4l2 - This flight was flown at a ~igher altitude, scale is estimated at 1"=2000'. The flight was flown January 19, 1991, on a clear sunny day. Approximate time of flight was 12:00 noon to 1:00pm, shadows 'are due north. Due to the altitude of the photos the ability to pick out individual small steep cut slopes is limited. However, several of the steep slopes located on Juniper Drive and present in the 1964 flight appear to be present in the 1991 photos. The most striking steep slope present on the property '1964 lie 1991 photos) is located at the east edge of the pad, above the driveway entrance, facing Hemlock Drive. This slope appears to be a combination of natural slope and man-made cut slope. It appears to have remained intact, without failure for the past 27 years. Other similar slopes are present at the entrance to adjacent lots on both sides of Hemlock Drive. . CLOSURE ., The findings contained is this reporti'are based on limited aerial photo analysis of the above listed photograph pairs by Jonathan L. Rossi, Consulting Geologist. The work performed by Jonathan L. Rossi, Consulting Geologist has been completed in accordance with the professional practices currently. accepted in the Geotechnical Consulting. Industry today. '. No warrahty is either expressed of implied. Should you have any questions concerning this report please do not hesitate .to contact me at my Big Bear Lake office (619) 248-2344, or through Soils Southwest at (714) 370-. 0474. Jo ~than L. Rossi, Consulting Geologist Certified Engineering Geologist # 1460 cc: Moloy Gupta. RCE, Soils Engineer Soils Southwest, Inc. . JONATHAN L. ROSSI,CONSULTlNG GEOLOGIST · P.O. BOX 4018,BIG BEARLAKE,CALlFORNIA 92315 · (714)866-5183 - , o o JONATHAN L. ROSSI CONSULTING GEOLOGIST September 19. 1991 IN: 0910013.01 ., TO: Mr. & Mrs. Summerfield 3618 Hemlock Drive San Bernardino, California 92324 ATTENTION: Mr. & Mrs. Summerfield - Property Owner SUBJECT Letter Report of Findings Concerning Geologic Conditions of Existing Cut Slope Located at the Rear of Property Located at 3618 Hemlock Drive, City of San Bernardino, San Bernardino County, California. INTRODUCTION- On September 17, 1991 Jonathan L. Rossi, Consulting Geologist (JLRl was retained by Mrs. Summerfield to observe a recently excavated cut slope on the subject site, and comment on the existing geologic iconditions at . and. immediately around the cut slope. On;: September 18, 1991, JLR visited the site and met with Mr~& Mrs. Summerfield. This letter is based on the observations made at that time. GEOLOGIC CONDITIONS - GENERAL The subj~ct site ~s situated at the top of a low northeast- southwest trending' ridge located in the foothills of the Western San Bernardino Mountains, on the northeast side of the San Bernardino Valley,.and the City of San Bernardino, California. . This region of Southern California is characterized by a band of low rounded hills, ridges, and steep sided canyons bordering the high mountain front directly to the northeast, and the sloping valley floor to the southwest. The foothill area is approximately one to two miles in width and contains a collection of active earthquake faults belonging to the San Andreas Fault System. The SUbject site is located within the Alquist-Priolo Special Study Zone for the San Andreas Fault, South Branch. No active or potentially active fault traces have been mapped at the site of the existing cut slope. The NE-SW .trending ridges in the area of the subject site consist of Older Alluvium elevated along the mountain front by uplift along the San Andreas Fault system. Several' thousand feet to the NE is sedimentary' and metamorphic bedrock. Depth to bedrock on the subject site is not known. . P.O. BOX 4018, BIG BEAR LAKE,CALlFORNIA 92315. (714)866-5183 '.' - j ~ o o -2- IN: 0910013.01 GEOLOGIC CONDITIONS - CUT SLOPE A south facing cut has been madejinto the rear yard slope of the subject property. The cut slope is a vertical cut averaging 9 ft. to 10 ft. across its length, with a measured maximum height of 11.5 ft. near the center. The slope is approximately 130 ft. in length, measured along its radius. The slope curves along an .inverse radius, away from the existing residential structure and garage located . on the subject site. An existing home is located at the top of the slope (thought to be a natural. slope) into which the cut was made. The adjacent home appears to be approximately 25 feet horizontal distance from the subject cut slope. _ The existing slope between the cut and the upper residence is between a 1:1 and a 1 1/2:1 inclination (horizontal to vertica!.) . The slope is cut into, and exposes, massive Older Alluvium consisting of a light brown to brown silty sand with a few fine to coarse gravel scattered throughout. The Older Alluvium is slightly mineral cemented! There is little or no depositional structure, no bedding, .;no jointing, or other mappable geologic features. A. soil weathering zone approximately two feet in thickness is'presElOt at the top of the cut slope. This soil zone is disturbed by plant roots, animal burrows, and a few soil desiccation fractures; The site pad grad~ is essentially level, with a slight slope for drainage. Approximately two feet away from the cut face a block wall foundation has been cut into the natural earth materials (Older Alluvium) set with reinforcing steel, and poured at some time within' the past few months. The subject site property line is located approximately two feet up the slope from the top of the cut (data from owners). No evidence of faulting or landsliding was observed in the cut slope exposures, across the subject site, or adjacent to it. There was no evidence of active or inactive springs or groundwater seeps. Additional information as to the geotechnical aspects slope, shear strength, soils slope stability, performance will be provided by the Soils Engineer. of the slope . . JONATHAN L. ROSSI,CONSULTING GEOLOGIST. P,O. BOX 4018,BIG BEARLAKE,CALlFORNIA 92315. (714)866-5183 ] > o o -3- IN: 0910013.01 AREA OBSERVATIONS Several natural and man made cut slopes are present in the area for observation. Some of the road cuts to the west were made for access in the late 1950's, and during limited grading in the 1960's. At the entrance to the subject' property a steep hillside (thought to 'be natural) is standing since the time of tract construction, or before (if natural). A near vertical man made cut with retaining wall is pr~sent on the hillside below the subject property. A vertical cut in an almost identical situation to that on the subject property is present at a residential site located on Juniper Drive, west of Hemlock Drive. All of the slopes observed were either steep man made cuts or steep natural slopes. All of the observed slopes appear 'to expose Older Alluvium." None of the observed man made cut slopes have been cut to the inclinations of 1 1/2:1 or 2:1 common in the 1980,s and 1990,s, but are either vertical or near vertical (60 to 70 degrees). None 'of the slopes show indication of slope failure, or appear to be in 'imminent' danger of failure.. " ;i The existing driveway cut observed on Juniper Drive has a row of Cypress trees growing directly in front of the vertical cut slope. The trees are large, indicating an extended time since their planting. Based on the presence of the trees, itjappears the vertical cut has been there for at leaS'u ten years ,f estimate based on size of trees may need confirmation by tree expert). The slope shows no signs of distress. ' As a final comment concerning the performance of the existing slopes observed in the area, it should be noted that all of these slopes have survived periods of heavy rainfall. The older slopes having survived more wet periods than the more recent ones. The periods of heavy rainfall whichJLR has personally experienced occurred ,in 1969 1971, 1979 - 1981, and 1984 - 1986. Other wet seasons have occurred, and can be reviewed by examination of San Bernardino County Flood Control Hydrolo~y rainfall records. The earth materials exposed in the area slopes appear to hold up well even under wet conditions. * 'imminent',def.: about to take place1 impending. menacing, threatening" alarming, ominous, sinister. Merriam-Webster Dictionary, & Thesaurus. . JONATHAN L. ROSSI,CONSULTING GEOLOGIST · P.O. BOX 4018,BIG BEARLAKE,CAUFORNIA 92315 · (714)866-5183 - - . J ~ o o -4- IN: 0910013.01 CONCLUSIONS Several natural and man made cut slopes in the area appear to' be capable of sustained ex~stence 11964 to 1991, 27 years) without significant failure. . It should be noted that some of the undisturbed (intact) man-made cut slopes observed in the neighborhood were located directly beneath' human occupancy structures in a similar situation as the subject slope. Should the property owner decide to provide additional support to the vertical cut slope as it now exists, several possible engineering solutions can be recommended by the Soils Engineer, and designed by the Soils and Structural Engineer. . CLOSURE The findings contained is this report are based on limited field observations by Jonathan L. Rossi, Consulting Geologist. This work is limited to t~e rear yard, north, vertical cut slope existing on September 18, 1991, and does not apply to other portions of the subject property. The work performed by Jonathan L. Rossi, 'Consulting Geologist has been completed in accordance with the professional practices currently accepted in the Geotechnical Consulting Industry today. No warranty is either expressed of implied. " Should you have any questions concerning this report please do not hesitate to contact me at my Big Bear Lake office (619) 248-2344, 'or through Soils Southwest at 1714) 370- 0474. Jo than L. Rossi, Consulting Geologist C rtified Engineering Geologist # 1460 cc: Moloy Gupta, RCE, Soils Engineer . JONATHAN L. ROSSI,CONSULTING GEOLOGIST · P.O. BOX 4018,BIG BEARLAKE,CALlFORNIA 92315. (714)866-5183 ~ .. Jl1I "r . . ... " .* o o Hill, FARRER & BURRill A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS LOS ANGELES COUNTY TELEPHONE t2t31 620-0460 ATTORNEYS AT LAW THIRTY-FIFTH FLOOR-UNION BANK SOUARE 44S SOUTH FIGUEROA STREET LOS ANGELES, CALIFORNIA 90071-1666 A. J_ HILI. 0881-1953) WM. M. FARRER (I89+1971l STANLEY 5. BURRILL (l902-1957) ORANGE COUNTY TELEPHONE (714) 641-6605 TELECOPIER (213) 62<4-4840 WRITER'S DIRECT DIAL NUMBER September 20, 1991 Mayor & Common Council City of San Bernardino 300 No. "D" Street San Bernardino, CA 92410-0001 Attention: City Clerk Re: Appeal from Order of Board of Building Commissioners - September 6. 1991 Dear Mayor Holcomb and Members of the Council: \0 This firm and the undersigned represent Janet Summerfield ("Appellant") who is the owner of a single family residence located at 3618 Hemlock, San Bernardino (the "Property"). Appellant hereby appeals the Order of the Board Building Commissioners rendered September 6, 1991. (213) 621-0845 \Cl - ::0 m o C!:! < T, '=> , ,:,-) C/} !ij N \.oj ." .... --< '~J , en TJ -x: - of That order, of which we have received no written notice as required by City procedures, appears to require that Appellant (1) obtain "all" (unspecified) grading, soils, and "retaining" permits within thirty days; (2) allow the City permission within ten days to enter the property to do an "evaluation"; (3) and stop "all work" on the property until "such permits" are obtained. This appeal is based upon, but not limited to, the following: 1. Permits There is no reliable evidence to support the City's position that permits are required for any activities which are taking, or have taken, place on the Property. The City'S demands are not based upon the actual condition of the Property or any existing code requirements. In addition, a number of the .# ///J //)-~-9/ ,4 4. ~ ~ .. .' o o Mayor & Common Council September 20, 1991 Page 2 allegations made by City employees involve property not owned by Appellant. 2. Entry on Property The City has furnished no valid reason for requ~r~ng entry onto this private property. Allegations in a Notice of Abatement dated July 22, 1991, which refer to "possible construction" inside and "evidence of leakage" in roof are based totally upon speculation and conjecture. The demands for entry onto the Property by City employees have been undertaken without regard to Appellant's rights of privacy and/or due process. The demands have been unreasonable, arbitrary, and capricious and have not been based upon evidence of any imminent danger to either the public or the inhabitants of the structure. 3. Violations of Due Process a. The Building Commission based its conclusions on unsupported statements of code enforcement personnel and unreliable hearsay evidence of other property owners. b. City code enforcement personnel have been illegally trespassing on the Property. c. City code enforcement personnel have subjected Appellant to harassment ["I can make you paint your house"] and threats ["Give us consent to enter or I'll get a warrant and break your door down"] based upon "anonymous" calls without any provocation. d. City code enforcement personnel have placed unreasonable demands on reasonable requests for extensions of time by Appellant to obtain reports from her engineer and architect: any extension was made conditional upon allowing inspection of the inside of the residencel e. Appellant did not receive notice of the Building Commission hearing until August 27, 1991, and that notice was by way of an announcement taped to a fence on the property. f. The City's interpretations of its codes has been arbitrary, capricious, discriminatory and without any reasonable foundation. - - - - . o o Mayor & Common Council September 20, 1991 Page 3 This Appeal will be based upon this notice, all documents served by the City upon Appellant, and any other evidence presented at the hearing before the Common Council. Very truly yours, ~S~E~~ OF HILL, FARRER & BURRILL DFP:reb F:\USERS\DFP\SUHHER.APP ~ J;;.. ..- .. ~ L II .J.. I~O - -~ .' ,~ " ,'" SEP' 2: '9: 11:39 HILL,-FQER&BURPILL Il,\ r / ' ,i I' P.3 . HILL, FARRER & BURRILL ... PAR1j\jeJl$~IP INCl.JJOINC 1'IROI"1:5SlQNAI,. eQAPOAATIONS LQ$ .ANGELES C:::Oj"lN'tY Tl!:U::I"HQNe Cil~l t:iZO~04EiO ORANG!!: COl.)NTV n::LE:PHQNe. 1'714) 04H5605 T~I..CCO"11::1i! '-<:1$1 e::.........40 ~j rJ;lr ( (' ~~ J , ATYOIllilNEYS AT LAW THJFfTY.F'lnH FI.OOR-UNIQN i5ANK S~UA.RE: 445 SOUTH F'IGYE;ROA STRtXT LoOB ANG.E;;L.E:5. CAL.IFORNIA aQ071.'668 1*., oJ. HILL (le~I.'We;aJ WM. M. '...RRER IlaGl4-197r) S'J'ANLEY S. EliJRRll..L \1~O.a.18e.7) WR("&I!I"~ DIRECT 01.4111. NUMSEliI (213) 621-0845 September 20, 1991 Mayor & Common Council City of San Bernardino 300 No. "D" Street San Bernardino, CA 92410-0001 Attention: City Clerk ~ -0 ~ :::0 fT'1 " en -< '-n ;~::::J ; "~ -0 - Re: Appeal from Order of Board of Building;::: Commissioners - September 6. 19~1 ~ -.I -< n e- rn -n '-"-. ~ear Mayor 8olcomb and Members of the Council: This firm and the undersigned represent Janet Summerfield ("Appellant") who is the owner of a single family residence located at 3618 Hemlock, San Bernardino (the "Property"). Appellant hereby appeals the Order of the Board of Building Commissioners rendered September 6, 1991. That order, of which we have received no written notice as required by City procedures, appears to require that Appellant (1) obtain "all" (unspecified) grading, soils, and "retaining" permits within thirty days; (2) allow the City permission within ten days to enter the property to do an "evaluation"; (3) and stop "all work" on the property until "such permits" a.re obtained. This appeal is based upon, but not limited to, the following: 1. Permits There is no reliable evidence to support the City'S position that permits are required for any activities which are taking, or have taken, place on the Property. The City'S demands are not based upon the actual condition of the Property or any existing code requirements. In addition, a number of the - .., .. - . o P.4 ~ o SEP 20 '91 11:40 HILL,_FARRER&BURRILL , Mayor & Common Council September 20, 1991 Page 2 allegations made by City employees involve property not owned by Appellant. 2. Ent~ on Proper~v The City has furnished no valid reason for requ~r~ng entry onto this private property. Allegations in a Notice of Abatement dated July 22, 1991, which refer to "possible construction" inside and "evidence of leakage" in roof are based totally upon speculation and conjecture. The demands for entry onto the Property by City employees have been undertaken without regard to Appellant's rights of privacy andlor due process. The demands have been unreasonable, arbitrary, and capricious and have not been based upon evidence of any imminent danger to either the pUblic or the inhabitants of the structure. 3. Violation. of Due ProoASS a. The Building Commission based its conclusions on unsupported statements of code enforcement personnel and unreliable hearsay evidence of other property owners. b. City code enforcement personnel have been illegally trespassing on the Property. c, City code enforcement personnel have subjected Appellant to harassment ["I can make you paint your house"] and threats ["Give us consent to enter or I'll get a warrant and break your door down"] based upon "anonymous" calls without any provocation. d. city code enforcement personnel have placed unreasonable demands on reasonable requests for extensions of time by Appellant to obtain reports from her engineer and architect: any extension was made conditional upon allowing inspection of the inside of the residence I e. Appellant did not receive notice of the Building Commission hearing until August 27, 1991, and that notice was by way of an announoement taped to a fence on the property. f. The City's interpretations of its codes has been arbitrary, oapricious, disoriminatory and without any reasonable foundation. . o SEP 20 '91 11:41 HILL,_FARRER&BURRILL o P.5 Mayor & Common Council September 20, 1991 Page 3 This Appeal will be based upon this notice, all documents served by the City upon Appellant, and any other evidence presented at the hearing before the Common Council. Very truly yours, A,l. ..,jv?kllLjv b~~SCHER PHI IPS OF HILL, FARRER & BURRILL DFP:reb F:\USeRS\DfP\SUM~R.APP . . o , CITY OF SAN BERNARDINO N~ 339698 The Sum of Dollars " tJ 0 Cents For ,LJjh/cr;/)r:" t'2.h~.G./-"J~ ~/1~JV <~ /7~.u'/?~ ,~&/~ #""./WL/c~ a /- Department 6-1 By o ACCOUNT NO. AMOUNT TOTAL DISTRIBUT N: White - Customer; Canary - Cashier; Pin - Department! Goldenrod - Dept. 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II : I I. , I ~nv702J'~~7~~~~ kh-~~r~+'~~ Ii ~~ 1~ td~/?ZUj:t~~ ~~~~~~~ ~p, .!llA~ i!l/ 'I I I i ,I M~ .56/7 ~ ~. , id i'i ii' , ]1 ,'I '" ~ ~'_'''''''-'';~ '!j, ;;"..;.,Al._.~' ,,-", ~~."..............."'"......... ......... _~ '" .. ... '. '..... ,. ;t II.. .,"'_-",-,," .4 " ;,... '. " '"'' II'; A.... .'.' "-~ _ol ,_~O-.._ )., ~__'" ,~. ..-, ',. ~ ~"... .".... "'.,.' ""~~-.' ._~ /() - eX /- ? / ff 'Yc:J l..AW DI'"FlCES HILL, FA~~ER & BURRILL "__"'INCUlDItlG~CORl"OAO.TIONS DARLENE FISCHER PHILLIPS A. PROFESSIONAl.. CORPORATION ATTORNEY AT I.AW ARItA COD~ 213 TEI..EIOt-lONE U~O THIRTY-I'"II'"TH "1..00" 44!; SOUTH FIGUEROA STREE:T 1..05 ANGEI..I[S. CALII"ORN'A 80071 /tJ-,?1-9/ /Ie