Loading...
HomeMy WebLinkAbout51-Public Services .1 - - - - .~,_., =.. o " o II) 4v~" I r ,.!.-",,,~~8 , ',' - \" . - I -. ~ 11t~ " . ~) ~999 .;... t_ :..-o-.,r.. '.... ~.. v'-. '" .. ~ e~., r~ '"~ >t I AID (:"7' -t>?I-ZB- ,tIllnl((' ;:I. w,").Z'J'I , I !)~II" My. )111'''111 - : I A"'" At'P~.I,;" 1H'1' cI,,,,,~ I -h........ ..,-4, B,.",J iJ/- ',;,'JJ,;,~ C,_iti.;'".... 'Tell TI" J,fA"1'" 1...c1 CD'"'"...... CI "'Iff t .. J. ryl<(lIfl!rlV;J~ hit w,"1"L, A ('(''1 1)+ .,/'~ , p~, ue. I:'j / /J ..I- ~J" 17 'f,1 ,,~ ":J..,J ,.:. ) 1M'1 J""'"'' T III,,,,,) iIf,'-"" I ell'? 0+ ")(I/;"" 17J - rtp,..r"" TJ... -C~, ~.,",,".r/'~-". ~ '1,1/ J,.ve. tl .[,;IJ "1.'''- ,.., -r4t . (,1...J,.,.~i- ,r nf~ f."'(-(/ ., -r-l-, 1";"'~ 6 + "t"" f)" J ~,.., (Z A '...1'-< wt ; t., J"#,,, J ';1"""""" '1 111t1,"/IfII"'7'~.''''? l..f $"0, pl'./~ pnvl 'J, ~ <l ..... I 1-' -r4.4" """ J 'L'/J 4;~,I, ,y,7" r }H'''l It,.", 6."", I'l1d lJ r. 51Hi1~' ~ / ~A -e( l~t:;~J 7,-{ , 25"/ ~ '(012 Ie __., I cT ..5/ ~ "CITY OF SAN BI!RNCRDINO - RI!QUI!ST OR COUNCIL ACTION, From: Manuel P. Moreno, Jr., Director of Public Services Dept: Public Services Subject: Appeal of Board of Building Cpnmissioners decision relative to the abatement of weeds-Irwin Street, south of Rialto Avenue- Richard A. Gonzalez. DlIt8: August 25, 1989 Synopsis of Previous Council action: July 7, 1989 - Board of Building ColllOissioners, adopted Resolution tl307 August 8, 1989 - Mayor and Comnon Council adopted Resolution 189-309 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. /l'I1~ f ~ ~ Signature , Contact person: Manuel P. Moreno, Jr. Phone: 384-5045 Supporting data attached: Staff Report Ward: 3 FUNDING REQUIREMENTS: Amount: Source: (Acct. No,) (Acct, Descriotion) Finance: Council Notas: 75-0262 Agenda I tem No - 'CIT~ OF SAN BERNOIDINO - REQUEST lOR COUNCIL ACTION STAFF REPORT On April l, 1989, a "Notice to Clean Premises" was mailed to Richard A. Gonzalez, 3732 Fruitvale Avenue, Oakland, CA 94602, regarding property Parcel No: Ol36 071 28, located on Irwin Street, south of Rialto Avenue. A cO'f1Y 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 $95.00). On June 5, 1989, along with his bill, Mr. Gonzalez was sent a notice of hearing before the Board of Building Cannissioners scheduled for July 7, 1989 , regarding the assessment costs for the abatement of his parcel. Mr. Gonzalez's protest was postponed by the Public Services Department until August 4, 1989, and Mr. Gonzalez was notified of the change of date. A cO'f1Y of the letter is attached as Exhibit "B". 'The hearing on the assessment on Mr. Gonzalez's property, Parcel No: Ol36 071 28, was held August 4, 1989. Evidence was presented to the, Board of Building COIlIDissioners regarding Mr. Gonzalez's abatement and assessment costs, he was not present at this hearing. Mr. Gonzalez's name was submitted along ,with others as Exhibit "A" for adoption of Resolution to place a lien and assessment against the property with the Recorder and Auditor of the County of San Bernardino, held on August 8, 1989. A cO'f1Y of the Resolutions are attached as Exhibits "C" and "D". On August lO, 1989, Mr. Gonzalez wrote the Director of Public Services appealing the decision of the Board of Building COIlIDissioners, to the Mayor and COIlIIlOn Council. 75-0264 .', CITVOF_$AN BERN())INO Exhibit "A" DEPARTMENT oO-.lIC SERVICES ABATEMENT SECTION 300 North "0" StrBet San Bernardino, CA 92418 (7141384-5045 NOTICE TO CLEAN PREMISES And NOTICE OF REGROWTH RE: PARCEL 0136 071 ZI PROPERTY DESCRIPTION: HEARSH SUB S 43.5 FT lOT llLOT 6T 7Z BLK I EX E 81 FT UNO I/Z INTOT 6 BLK 4 SDK By virtue of the weed abatement rules and regulations of the City of San Bernardino. San8ernardino Municipal Code Chapter 8.27. you afe hereby notified to rem~ve horn 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 inhlbitants of said City: GONZALEZ, RICHARD A 3732 FRUITVALE AVE OAKLAND CA 94602 [;J Weeds and Grass kJ Tumbleweeds n All Debris and ~ Combustible Materials o Other (See 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 (10) days of the date of this notice; otherwise it will be removed and abated by the City of San Bernardino. in which case the cost for such removal will be assessed upon the property from which. or.abutting the property from which, said nuisance is removed. Bnd such costs will constitute a tax lien 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 a written protest with the City Clerk not later than ten (101 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 shall be heard before the Board of Building Commissioners in the Council Chambers at City HIli. 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 Director 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 eronomical control of such seasonal and recurrent nuisances may require preventative chemical control of such weeds, weed seeds. and weed seedlings, and the City may require preventative chemical control of such nuisances. , o If checked here. then the following Notice of Regrowth applies instead: A "Notice to Clean F'remises." 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: D Weeds and Grass D Tumbleweeds D Other ,- You are hereby urged to perform the abatement work indicated within ten 001 days from the date of this Notice. If the property is not cleaned and the nuisance abated within this time. the City will have the work done to abate the nuisance and will assess the costs thereof as a tax lien against the property. No hearings are conducted on Notices of Regrowth. - . ABATEMENT COORDINATOR DEPARTMENT OF PUBLIC SERVICES 17141 384-5045 ABA TEMENT MUST BE COMPLETED WITHIN TEN DAYS OF THE DATE BELOW: DATE: 04-01-89 - j) . - Exhibit "B" o o CITY OF San l)ernardino pueLIC I. MANUEL DIRECTOR II V I C I . P M 0 p U . LIe D . P A . , . . . T RENO, JR SERVICES June 30. 1989 Richard Goozales 2519 York ct. San Bernardino. CA 924()3 re: APN 136-071-28 Dear Mr. Gonzales: This is to iJlfonn you that your A'" -: 19l1ellt protest will he heard at the August 4, 1989 meeting of the Board of atilding Ccmni.ssioners. not the J~ 7 meeting. Very t~yours, i. Pc''.- [f:W:;/Lc/ Lissa Reeder Abatanent Coordinator 300 NOATH o S T A E E T SAN R~R"'AanJ"'^ PRIDE ; .,N PROG...,RESS .. .-- '.J ,. , '), .' '..... LL_ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,; 25 26 27 28 ~xhibit "C" 0 o '-.'.'\';.'1,\:".-.., RF.SOLUTIal NO. l307 RF.SOLUTIal OF THE BOARD OF BUILDING CCtlMISSIalERS OF THE CITY OF SA5 BERNARDINO ASS~lNG CXlSTS OF ABA'l'Dm'll' OF PUBLIC NUISANCE. WHEREAS, pursuant to the San Bernardino Municipal COde, Title 8, Chapter 8.27, ,the Director of Public Services Clf the City of San Bernardino has given notice of and thereafter abated a public nuisance found to, exist on the properties described in Exhibit "An 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 "A" i of the hearing before the Board of Building CclIIInissioners 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 bee~ afforded an opportunity to be heard by the Board of Building COIIIlIissioners heretofore: Na<i, THEREFORE, BE IT RESOLVED BY THE BOARD OF BUILDING CXlMMISSIalERS OF THE CITY OF SAN BERNARDINO AS FOLLCMS: 1. Based upon the evidence submitted by the Director of Public Services or his representative. it is found and determined that the properties described in Exhibit "A", constituted a public nuisance which had tp be abated by the City of the the costs stated in Exhibit "A". 2. These costs should be assessed in the amounts s,et forth in Exhibit "A": against the respective properties and may be made a personal obligation of the property owner by cc:mnencement of court proceedings against the owner. 3. Any person aggrieved by this order may appeal to the Comnon Council by filing with the City Clerk a written statement of the order appealed frOlt, the specific grounds of appeal and the relief or action sought from the CoIrIncn 1 " . " . 0 0 , . H 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 Cannissioners of the City of San Bernardino at a .. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 regular meeting thereof / held on the 7th day of Jul v 1989, by the following vote, to wit: AYES: Comnissioners Miller, Ponder, Gonzales Flores, Lord NAYS: ABSENT : Heil, Westwood, Hunt CLERK, BCWU) OF BUILDING CXJIIMISSIctlERS The foregoing resolution is hereby approved this 7th day of July , 1989. #!3.' (Jfl:J/ .. . CHAIRMAN, BCWU), OF BUILDING CCtlMISSIONERS Approved as to form and legal content: JAMES F. PENMAN/ City Attorney By: 2 ---V~';A'" ~,---;. . _Exh,ioit ,,10 o RESOLUTICN NO. 89-309 1 2 3 4 5 6 7 8 9 10 11 RESOLUTICN OF THE CITY OF SAN BERNARDINO (DqFIRMING COSTS OF ABATDlENT OF PUBLIC NUISANCES AND IMPOSING LIENS CN CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMI!Nl WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.27 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the propertiesdeseribed in Exhibit "Aft attached to and incorporated in this resolution; and WHEREAS, notice was given to the owners of record of said properties, and a hearing has heretofore been held to hear protests and assess the costs of , said abatement before the Board of Buildin9 Catmissioners. NCM , THEREFORE, BE IT RESOLVED BY THE MAYCR AND <n'IMC.N{XXJNCIL OF THE CITY OF SAN BERNARDINO AS FOLLCMS: 12 SECTION 1. Saidc08ts are found to have been incurred by the city 13 PUrsuant to proceedings under the San Bernardino Municipali::lode,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 "Aft 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 nodce--tothe 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 smll 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 'thi:s resolution, 26 inclUding Exhibit "A" showing such sums 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-l2-89 1 _n ~--:.-_ ~__ , ---- - --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 o o it appears on the current llSl5el581llent rolls, to be!=Ollected at the said time and in the same manner, subject to the same penalties and interest upon deliquencies, as the general taxes for the City of San Bernardino are collected. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Comnon Council of the City of San Bernardino at a regular meeting thereof, held on the 7th th day of , AUqUBt ' , 1989, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Minor. Pope-Ludlam. Miller NAYS: None ABSENT : Council Member Haudsley ~p ~ City Clerk The foregoing resolution is hereby approved this day of August , 1989 By Approved as to form as legal content: (I, I) ~_ 9 {~ ~ City Attorney 28 07-12-89 2