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. CITY OF SAN BERQRDINO - REQUEST ~R COUNCIL ACTION
From: Manuel P. Moreno, Jr.,
Director of Public Services
Dept: Public Services
Sub~: Appeal of Board of Building Commissioners
decision relative to the abatement of
weeds--Irwin Street, south of Rialto Avenue-
Richard A. Gonzalez.
Date: August 25, 1989
Synopsis of Previous Council action:
July 7, 1989 - Board of Building Commissioners, adopted Resolution #1307
August 8, 1989 - Mayor and COIlIllOn Council adopted Resolution #89-309
Recommended motion:
That the appeal of Richard A. Gonzalez from the action of the Board
of Building Commissioners confirming the charges for weed abatement
on his property located on Irwin Street, south of Rialto Avenue be
denied.
/lJ'k.~ f! ~ e
Signature ,
Contact person:
Manuel P. Moreno, Jr.
Phone:
384-5045
Supporting data attached:
Staff Report
Ward:
3
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262
AQenda Item No
. CITY OF SAN BER~RDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
On April 1, 1989, a "Notice to Clean Premises" was mailed to Richard
A. Gonzalez, 3732 'Fruitvale Avenue, Oakland, CA 94602, regarding property
Parcel No: 0136 071 28, located on Irwin Street, south of Rialto Avenue.
A copy of the notice is attached as Exhibit "A".
The above parcel required hand work around it's perimeter and this
was done by Ed' Martin's Discing on April 24, 1989, (the hand work
consisted of weed eating at a cost of $20.00. The administration fee of
$75.00 was added to this charge for a total amount due of $95.00).
On June 5, 1989, along with his bill, Mr. Gonzalez was sent a notice
of hearing before the Board of Building COIlInissioners scheduled for July
7, 1989, regarding the assessment costs for the abatement of his parcel.
Mr. Gonzalez's protest was postponed by the Public Services Department
until August 4, 1989, and Mr. Gonzalez was notified of the change of
date. A copy of the letter is attached as Exhibit "B".
The hearing on the assessment on Mr. Gonzalez's property, Parcel No:
0136 071 28, was held August 4, 1989. Evidence was presented to the
Board of Building COIlInissioners regarding Mr. Gonzalez's abatement and
assessment costs, he was not present at this hearing. Mr. Gonzalez' s
name was submitted along with others as Exhibit "A" for adoption of
Resolution to place a lien and assessment against the property with the
Recorder and Auditor of the County of San Bernardino, held on August 8,
1989. A copy of the Resolutions are attached as Exhibits "C" and "0".
On August 10, 1989, Mr. Gonzalez wrote the Director of Public
S~rvices appealing the decision of the Board of Building Commissioners,
to the Mayor and Common Council.
75-0264
CITY OF SAN BERNCO>INO
Exhibit "A"
DEPARTMENT 09 ,L1C SERVICES
ABATEMENT SECTION
300 North "0" Street
San Bernardino. CA 924' 8
(7'4) 384.5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
RE' PARCEL 0136 071 211
PROPERTY OESCRIPTION, HEARSH SUB S 43.5
FT LOT IIlLOT 6T 72 BLK II EX
E III FT UND 1/2 INTOT 6 BLK
4 SDK
By virtue of the weed abatement rules and regulations of the City of San Bernardino, San Bernardino Municipal Code Chapter 8.27, you are hereby
notified to remove from your property, which is described above, any and all of the items described below which constitute or may constitute a
public nuisance SO that the removal thereof is necessary to protect the health and safety of the inhabitants of said City:
GONZALEZ, RICHARD A
3732 FRUITVALE AVE
OAKLAND CA 94602
~ Weeds and Grass
"
~ Tumbleweeds
n All Debris and
9E-J Combustible Materials
o Other lSee Belowl
Notice is hereby given pursuant to Section 8.27.040 of the San Bernardino Municipal Code that the Public Services Director of the City of San Bernardino
has determined that a nUIsance exists on or abutting the property described in this Notice or on the parkway thereof. The nuisance consists of one
or more of the following: weeds. sagebrush, chaparral, brush, dry vegetation or vegetation which attains such extensive growth as to become a
fire menace when dry, pOison oak or ivy or other plants which are noxious or dangerous, dry grass, stubble. brush. deadwood, dead or diseased
trees. dead or dry palm fronds. fences in disrepair or broken. litter. flammable material which creates a fire hazard. contaIners. abandoned asphalt
or concrete, rubble or waste materials. You must abate or remove this nuisance within ten 1101 days of the date of this notice: otherwise it will
be removed and abated by the City of San Bernardino. in which csse the cost for such removal will be assessed upon the property from which.
or abutting the property from which. said nuisance is removed, and such costs will constitute a tax tien on such lots or land until paid.
Any person objecting to thIS determination of a nuisance or to the proposed removal and abatement of said nuisance, may file 8 written protest
with the City Clerk not later than ten 1101 days from the date of this Notice. The CIty Clerk. shall transmit such protests promptly to the Board of
Building Commissioners.of San Bernardino.
Notice is further given that said protest shaH be heard before the Board of Building Commissioners in the Council Chambers at City Hall, 300 North
"0" Street. San Bernardino, California, on the first Friday of the next month after the date of this notice at 9:00 in the morning. If a timely protest
has been filed, you or your agent may appear at said hearing and be heard and may present and hear evidence concerning the proposed abatement.
The PubliC ServIces Oltector has also determined that the property described In this Notice supports the growth of weeds, dead or dry palm fronds
and dry grass which are seasonal and recurrent nuisances that must also be removed and abated hereafter from time to time. Notice of regrowth
of this nuisance during this calendar year will be given without further hearing. Failure to abate such recurring conditions will result in the City abating
such nuisance. in which case the cost of such removal shall constitute a tax lien upon the property described in this Notice until paid. The efficient
and eronomicai control of such seasonal and recurrent nuisances may require preventative chemical control of such weeds. weed seeds. and weed
seedlings, and tne City may require preventative chemical control of such nuisances.
o
If check.ed here. then the following Notice of Regrowth applies instead:
A "Notice to Clean Premises." as stated above, was previously mailed to you. declaring a nuisance on the above property. That NotIce. which required
removal or abatement of such nuisance, also declared that substantial regrowth must be abated. The above property was recently inspected. and
the removal of any or all of the following items is required at this time:
c=J VVeeds and Grass
o Tumbleweeds
D Other
-
You are hereby urged to perform the abatement work indicated within ten 11 01 days from the date of this Notice. If the property is not cleaned
and the nuisa!"lce abated within this time, the City will have the work done to abate the nuisance and will assess the costs thereof as a tax fien
against the property. No hearings are conducted on Notices of Regrowth.
-
.
ABA TEMENT COOROINA TOR
OEPARTMENT OF PUBLIC SERVICES
(7141384.5045
ABA TEMENT MUST BE COMPLETED
WITHIN TEN DAYS OF THE OA TE BELOW,
DATE,
04-01-89
Exhibit "B"
o
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CITy OF
San Bernardino
PUILIC I."VIC.S
MANUEL P MO
DIRECTOR PUBLIC
D I , A III T . I M T
RENO. JR
SERVICES
June 30. 1989
Richard Gonzales
2519 York Ct.
San Bernardino. CA 92408
re: APN 136-071-28
Dear Mr. Gonzales:
This is to infonn you that your assessnent protest will be heard at
the August 4. 1989 IDi:!eting of the Board of a.tllding Ccmnissioners,
not the J~ 7 IDi:!eting.
Very t~yours.
--I. 17(,- /iJL ~;tV
Lissa Reeder
Abatement Coordinator
300 NORTH
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PRIDE ;
. IN PROGJRESS
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Exhibit "c"O
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RESOLUTICN NO, 1307
RESOLUTlOO OF TIlE BOARD OF BUILDING CCI1MISSIctlERS OF TIlE CITY OF SAI'
BERNARDINO ASSESSING COSTS OF ABAT!l'IENT OF PUBLIC NUISANCE.
WHEREAS, pursuant to the San Bernardino Municipal Code, Title 8, Chapter
8.27, the Director of Public Services of the City of San Bernardino has giver.
notice of and thereafter abated a public nuisance found to exist on the
properties described in Exhibit" A" attached to and hereby incorporated in
this resolution; and
WHEREAS, pursuant to San Bernardino Municipal Code, the Director of
PUblic Services served notice to all property owners listed in Exhibit nA", of
the hearing before the Board of Building COI\1lIissioners of the City of San
Bernardino relating to abatement costs to be assessed the owners and their
right to appear at said hearing and protest the assessment; and
WHEREAS, every property owner against whom an assessment has beer.
proposed has been afforded an opportunity to be heard by the Board of Building
.
Commissioners heretofore;
Nai, TIlEREFORE, BE IT RESOLVED BY THE BOARD OF BUILDING CXlMMISSIOOERS Of
THE CITY OF SAN BERNARDINO AS FOLLCMS:
1. Based upon the evidence submitted by the Director of Public Service.!!
or his representative, it is found and determined that the properties
described in Exhibit "An, constituted a public nuisance which had to be abated
by the City of the the costs stated in Exhibit "A".
2. These costs should be assessed in the amounts set forth in Exhibit
"A": against the respective properties and may be made a personal obligation
of the property owner by commencement of court proceedings against the owner.
3. Any person aggrieved by this order may appeal to the Corrmon Council
by filing with the City Clerk a written statement of the order appealed froo,
the specific grounds of appeal and the relief or action sought from the Common
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1 Council pursuant to the San Bernardino Municipal Code.
2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
3 Board of Building comnissioners of the City of San Bernardino at a
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5 1989, by the following vote, to wit:
regular
meeting thereof, held on the
7th
day of Julv
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AYF.S :
CorrInissioners Miller, Ponder, Gonzales
8 Flores, Lord
9 NAYS:
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Heil, Westwood, Hunt
ABSENT :
CLERK, BOARD OF BUILDING COMMISSIOOERS
The foregoing resolution is hereby approved this
7th day of
July , 1989.
~,,:,,~IW WNSSI~
20 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
By:
2
.--- - _._.~ -~- ----
_ .u__ _. ___
Exhibit
,,0
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RESOLUTION NO. 89-309
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RESOLUTION OF THE CITY OF SAN BERNARDINO ccm'IRMING COSTS OF ABATEMENT OF
PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPER'l'Y LOCATED WITHIN
THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT
WHEREAS, the City of San Bernardino, pursuant to its authority under
Chapter 8.27 of the San Bernardino Municipal Code, did lawfully cause public
5 nuisances to be abated on the properties described in Exhibit "A" attached to
6 'and incorporated in this resolution: and
7 WHEREAS, notice was given to the owners of record of said properties, and
8 a hearing has heretofore been held to hear protests and assess the costs of
9 said abatement before the Board of Building Commissioners.
10 NCM, THEREFORE, BE IT RESeL VED BY THE MAYOR AND cct'IMON COUNCIL OF THE
11 CITY OF SAN BERNARDINO AS FOLLCMS:
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SECTION 1.
Said costs are found to have been incurred by the ci ty
13 pursuant to proceedings under the San Bernardino Municipal Code, and the final
14 statement of costs on file with the City Clerk, is hereby confirmed and
15 adopted as special assessments against the properties listed in Exhibit "A"
16 hereto.
17 SECTION 2. If said sum is not fully paid to the City Clerk, City Hall.
18 San Bernardino, within five (5) days after mailing a notice to the person or
19 persons having an interest in said property informing said person or persons
20 of the adoption of this resolution as to any such individual parcel, then
21 said sum shall be and become a lien on said property pursuant to said
22 Municipal Code provisions and applicable laws and stall be collected as a
23 special assessments thereon.
24 SECTION 3. In the event any sum is not paid as hereinabove provided, the
25 City Clerk is hereby directed to file a certified copy of this resolution,
26 including Exhibit "A" showing such SlDllS as remain unpaid, with the Recorder
27 and the Auditor of the County of San Bernardino, State of California,
28 directing that eash sum be entered as a lien charged against the property as
07-12-89
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1 it appears on the current assessment rolls. to be collected at the said time
2 and in the same manner. subject to the same penalties and interest upon
3 deliquencies, as the general taxes for the City of San Bernardino are
4 collected.
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I HEREBY CERTIFY that the foregoing resolution was duly aQopted by the
Mayor and COII1IlOI'l Council of the City of San Bernardino at a regular meeting
thereof, held on the
7th th day of
Auqust
, 1989, by the following
vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Minor. PODe-Ludlam, Miller
NAYS:
None
ABSENT :
Council Member Maudsley
"b~#~
.-
City Clerk
The foregoing resolution is hereby approved this
day of
August . 1989
By
Approved as to form
as legal content:
"
. i ~
~_9j~
( i City Attorney
J
28 07-12-89
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