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HomeMy WebLinkAbout29-Building & Safety ~ J Jl!I1 . o o c - o o BERN ARDIN 0 POST OFFICE BOX 131B. SAN BERNARDINO. CALIFORNIA 82402 SHAUNA CLARK CITY CLERK John M. Zaragoza 1472 W. 8th Street San Bernardino, CA 92410 Dear Mr. Zaragoza: January 20, 1987 At the meeting of the Mayor and Common Council held on January 19, 1987, a hearing was set for February 16, 1987, at 10:00 a.m., to consider your appeal for a release of lien in the amount of $183.03 for administrative charges incurred by the Department of Building and Safety. The hearing will be held in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. SC: dc cc: City Administrator Building and Safety Public Services ') I -I:\-: '-s 2- Sincerely, ~/ld~;b ,'~HAjJNA CLARK City Clerk 300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 112418-0121 PHONE (7141 3B3-8002/383~102 ~Cf, ~ .JI _ - . o o o o John Mo Zaragoza 1472 W. 8th Street San Bernardino CA 92410 January 9, 1987 The Honorable Mayor and Common Council 300 North "D" Street San Bernardino CA 92418 Honorable Mayor and Council: On September 8, 1986, the Mayor and Common Council vacated an order of abatement on my property 1358 W. Fifth Street because I completed all necessary repairs. However, the administrative charges incurred by the Department of Building and Safety were placed as a lien against my prQperty in the amount of $183.03 and this amount appeared on my tax bill. I am requesting that the lien be released as the evidence used to substantiate the order of abatement was not accurate. Please notify me when I receive a hearing before the Mayor and Council. Sincerely, r:~~ .3' fi/- 5-('9..$- " l .' -I I T U~ ::>>AN tit: To Counc11 Menlber Estrada Subject 1348-58 W. 5th Street M8Io of Novelllber 13, 1986 AHUIN CE etn or UN InNARDlHD 1986 DEe -2 PM 2: 06 MEMORANDfjVI From James Robbins, Supt. Building and Safety Oete December 2, 1986 Apprond Oete The following is a listing of the events leading to the assessment of stat..nt of costs resulting from February 2 complaint received from Council: Feb. 7 - A correction notice was sent to Mr. Zaragoza indicating code violations. He was directed to contact this office to discuss a solution to the problem. " Feb. 19 - 'A Notice of Pendency of Administrative PrOCeedings was filed as a result of J Mr. Zaragoza not resporicting tu a,e notice of correction on the 7th. This notice makes public the fact that the city has concerns and may have incurred costs related to those concerns. Feb. 21 - Certified letter sent advising of Board of Building Commissioners meeting March 7. Three letters sent, one accepted. March 7 - Board of Building Commissioners authorized the abatement of the nuisance. Section 3 provides that "the expenses thereof made a lien on the lot or parcel of land." Also, the minutes of the BBC meeting specifically state "costs incurred are to become a lien upon the property." (Authority San Bernardino Municipal Code 15.28.170, attached) The decision of the Board was appealed to the Council then on April 21 continued for 90 days. Sept. 8 - The Council rescinded the Resolution for Abatement order of the Board of Build- in Commissioners. The removal of ssed or included in the rescind- ng 0 ea. 0 remove e ien infers ere a em eg n w, ere was a p lem. The costs identified are authori zed and required to be charged to the owner by Municipal Code (15.28.050 and 15.28.060). The Municipal Code (15.28.030) requires a title search to identifY owners of record and any others having a .terial interest in the property. Our cost is now $150 per title, then it was $100. The inspector's and secretary's time is less than actual. Time involved includes taking the c~plaint, site visit, taking pictures and inspecting site, making attelllpts to contact, written notices, ...ting tillie, posting of property, second and third site visits to see if there is cOllpHance, and recordation of activity and f11ing of same. The cOMpensation and retirement costs are a ,part of salary and justified. The equipment only includes car and not office equipment. The ..11ings do not include all 11111ings, only those before the hearing. The administrative cost does not cover any significant portion of the time spent on this ..tter. Hearing tillle is established as the time before the Board and offsets the expense of the Board. The attorney has spent time at the meeting and prior to the meeting reviewing the material to be presented. , ' The costs of $183.03 are reasonable and required by code. The appeal time of 30 days of ~costs has ired (SBMC 1.26.010). ~ns, Supe i nt Building and Safety Department ""'0 WHEN RECORDED RETURN r:ity Clerk ? O. Box 1318 San Bernardino, ~ -:-- ' fIIJ:} .llIIS\ , .,on'f Of )t . , " \ A. .. - - "0 B6-20346.p svy ,COG DE? r' o TO: RECORDED IN OFFICIAL RECORe,:: i986 JUl 2 I PM 2: 03 SAN "r:i,,~ARDINO CO" CALIF. t!SA FT. [l61' Cao 92402 NOTICE OF LIEN (l\batement of Nuisance) The City of San Bernardino, a ~t!nicipal corporation, (hereafter .City.) with offices at City Hall, 300 North "D" Street, San Bernardino, California 92418, gives notice that it claims a lien for the costs of abatement of a nuisance upon the real property eescribed belowo This lien is claimed under the provisions of the San Bernardino Municipal Code Title 8 or Title 15, and is also based upon authority of Section 40 of the Charter of the Cityo This notice is recorded pursuant to Government Code Section 27297, Take notice that the city has caused a nuisance to be abated on the property described below, and its Mayor and Common Council, by action recorded in their official minutes of Julv 7 , 19 86 , have assessed the cost of the abatement, and the City-craims a lien on the real prop- erty for the net expense of the abatement in the sum of $ 183,03 . That sum, with interest at the rate of six percent per annum from July 7 , 19 86 , ahall be a lien upon said real property until it has been paid in full and discharged of record, The real property upon which this lien is claimed is located in the City of San Bernardino, County of San Ber- nardino, State of California, and is described as follows: Paddock Sub, Lot 11. Blk 2, Book 16. page 32 Address: 1358 W. 5th street, San Bernardino, CA Assessors No.: 138 113 08 Name(s) of owner(sl of record: John M. Zaragoza 147~ w. 6tn Street San Bernardino, CA 92410 CITY OF SAN BERNARDINO By ~~~~ SIf1(UN;'. Cl..' , C ty Clerk Dated: Julv 14. 1986 Res. No. 86-261 J - ciTY OF ~~ ......PARTMFJQ' OF BUILDING AN~" SAFET'o I.) '."~ROJECT NO. 521 RESOLUTION NO. 1081 SAN BERNARDINO MUNICIP.AL CODE, TITLE 15 EMERGENCY ABATEMENT The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino in abating the public nuisance that existed on the property located at: 1348 Wo 5th Street, San Bernardino, CA Owner: Angel Mo Zaragoza Address: 1571 W. 9th Street, San Bernardino, CA 92410 Assessors No: 138 113 07 More particularly described as: - 1 - ~ATEMENT OF COSTS o Paddock Sub, Lot 12, Blk 2, Book 16, page 32 ITEMIZATION W/O and/or E/A Street Dept's Costs: Labor Administrative Costs Building Pennit Equipment Material Dumping Completed $ $ $ $ $ $ Building and Safety Dept's Costs: Title Search $ Special Inspector # $ Inspector's Time 1 hr @ 14.28 $ Secretary's Time 1 hr @ 8.94 $ Comp & Retirement 15% $ Equipment 8 mi @ .25 $ Certified Mailing 2 @ 1.67 x 2 $ P~.ctures 1 @ .90 $ Administrative Costs 10% $ Costs from Previous Hearing $ Hearing Time $ Newspaper Advertisement $ Additional Costs Attorney $ SUB TOTAL $ $ $ TOTAL COSTS $ Jack C. Rosebrauqh Building & Safety Superintendent TOTAL $ Demolition Contract Preparation: Contractors Costs: Da te: March 25. 1986 SBMC 15.28 By: ~~ ~ / 100.00 14.28 8.94 4.36 2.00 6.68 .90 13.72 26.00 6.15 183.03 183.03 - ~ - ~ - tfu, c , TRANSCRIPT - VEREI'"'lM DISCUSSION ~ING M. L. KING, JR. HOLlDi>.lo'- COUNCIL MEETING"'" 1/12/87 Estrada: If the employees want to make this an item, fine, let them bring it through the proper channels and we'll deal with it in our negotiations. o Schweitzer: Your honor, if I might shed a little bit of light - I don't know whether the motion was made, I doubt that it was but a loud and clear message went to the employees last year from this point. You indicated, and unfortunately it didn't get in the minutes, but you indicated that if the Fed. govern. mandates this as a local holiday, we'd give it to our employees. And that was the way our employees understood it. The Fed. govern. did not mandate it, so it's not been mandated. That was at least said last year. r Hernandez: Wait a minute - when are they going to mandate it? Schweitzer: They're not going to, they don't intend to make it. Hernandez: The Council didn't make that statement. I don't tecall that statement. Quiel: I don't recall that statement. That statement says that if they did that, we would consider it and that's exactly what was said. Hernandez: I'd like to listen to those tapes because the Fed. govern. is not going to impose a holiday on us. Schweitzer: No, they did not. They granted it as a Fed. hOliday and they give it to theit employees, but that's what we told our employees. That's in the MOU. It's not a Fed. holiday for local govern. employees. I believe, Mr. Strickler, that you remember that statement was made and I do. Quiel: I do, kind of irrespective of that. I feel that we have compromised our position a little bit by saying to them when you take it as a floating holiday, take one of your floating holidays and designate it as this day. If I were an employee, I'd tell you truthfully and no, I wouldn't do that. I like the flexibility of the floating holidays. Secondly, I'd have to sit there and think - they're going to give it to me eventually, why do it. Hernandez: That's what bothers me about the City. We're supposed to be very liberal and very cultural oriented........... . Mayor: govern. going to The 15th is the actual has established the 19th observe, is that... birthday, but the Fed. as the day that they are Schweitzer: .. .",nb-their 'employees', -that"s dght. Mayor: And the State? Schweitzer: I believe it's the same day. Mayor: The 19th. Schweitzer: Yes. Clark: Because of the Monday holiday bill, that's another piece of legiSlation. Bennecke: It was my understanding that the breakfast in the morning at Kola Shannah and the statue thing was all going to be on the 19th - the statue at 9:39 and the breakfast at 7:99 a.m. in the morning. I -I ft- ~~/ ~ftJ ~~~ 2/16/87 fiflV u. 1 . - - o o o :> Frazier: But that's not associated with...whatever date that is, I don't recall myself, whatever date that is, it's not something put on by the City. I think Jack's question is... Reilly: If the City is doing anything. That was my initial question, but if there is going to be an activity out here that we're not officially involved with... Bennecke: ...because they wanted the Mayor to speak at that at 9:39, and of course, that's a Council day. If there's not a holiday there, it would be difficult, unless the Council adjourned at 9:39 and participated in that and then came back... Quiel: I don't mind giving the employees the opportunity to participate in that event. I don't know how long it's going to be. It's not going to be an all day event, is it? Bennecke: No, an hour or an hour and a half. Clark: That's how you do it with Good Friday and with taking time off for voting. A memo comes around and says that the employees that want to observe, go to ceremonies, Mass or whatever, they're allowed to take that time off just on their word. Estrada: If there is going to be an activity here, why can't we just say, "On Monday, between, you know, you're all invited to attend the services from 9:99 to 19:39 in the front of City Hall. The Mayor and Council will be participating and ...... That way it's out here, they're there and then they come back to work. Quiel: I think that we have to put it in such a way that each department head will allow their staff people to attend that ceremony or function fot that given period of time but that the department will not shut down for that, and I think that's all we have to say. Strickler: I think it kind of makes it difficult for a guy like Junior that's got garbage collectors out allover the City and tree trimmers and they're going to stop to come back downtown for 9:99 and then at 19:99 or at 19:39 go back out on the job? I think that's really going to cause havoc. Estrada: If that's the case... Clark: ...make it two hours off, two hours comp time. Just like if they have to work during the holiday now. Strickler: That defeats the purpose - the purpose of it is to attend a ceremony honoring Martin Luther King, and if they say, "Well, we're not going to do it then, but we want to take two hours off later in the day or two hours off next Christmas, you defeat the purpose." Quiel: Last time it worked pretty good because they were all in the late afternoon. In fact, both of those employees were off work anyway, because they start at 4 and 5 in the morning. Frazier: What I would like to see happen is that we give all the employees an opportunity to take advantage of the hOliday. I don't think that anyone doesn't doubt that the contribution that Mr. King has made and doesn't have the greatest of respect for him and I think that given the opportunity, that the majority of the people would take -2- 2/16/87 1 o o o o advantage of the opportunity of honoring his contribution on that recognized date. But, what I would like to see, possibly, is that this year we stick to the status quo of last year and provide the holiday and look at the feasibility of making it a permanent holiday as we review our budget for the fiscal year coming up, 87/88. Quiel: I can't do that, Dan. I can't do that. Mayor: That will give us 3 to 2. Does that establish... Frazier: Three to what? Mayor: That's 3 we give them the holiday and 2 we give them time off. Does that establish a pattern? Frazier: No, status quo to this past year's action. I'm not talking two years back. Estrada: Maybe I'm reading things wrong, but I think that either we're going to be at an impasse or it's not going to fly and... Strickler: Let's get a motion on the table and then we can see how it's going to look. Quiel: Well, I move that the item be tabled. Strickler: Second. Quiel: That's all that you can do with it. Mayor: There's no discussion on a motion to table. All those in favor say, "Aye". Hernandez: Well, we have to discuss. Mayor: There's no discussion on a motion to table. Hernandez: Well, I make a substitute motion. Mayor: Well, vote it down. Hernandez: Substitute motion, substitute motion. Mayor: There's no substitute on a motion to table. Mr. Prince, there's no substitute motion on a motion to table? Prince: I think we've done it in the past, it's up to your parlimentarian. Quiel: We have a written policy of rules for the Council. The motion to table.... Kayor: All those in favor--say,.-"Aye"~ Strickler and Quiel: Aye. Estrada, Frazier, Hernandez: No. Mayor: What was yours? Reilly: No Mayor: The motion lost. Quiel: Now, figure out something to do with it. Reilly: How about, City Hall employees on the 19th out front and for other employees, two hours off to attend services elsewhere? Non-City Hall employees. They can go to Kola Shannah or something like that. i -3- 2/16/87 - o o o o Estrada: So, you're saying give all City employees two hours period? Reilly: Yes, I'd like City Hall employees, though, to come out front on that two hours. Those who are not City Hall employees, two hours where they choose... Hernandez: Why don't you make a motion to direct the Mayor to send a memo to all departments that the employees are encouraged to participate in the activities out here in front of City Hall.... (The tape breaks as if someone pushed the wrong buttons while listening to it. I can hear a child's voice in the background) Quiel: you said in recognition to Martin Luther King at 9:39 in front of City Hall. Mayor: Otherwise it is a regular working day, but encourage the employees....is this the gist I'm getting? Reilly: I have to ask Ray a question. Ray, now how is that going to affect Junior. For instance, would it be better if we put it that City Hall employees only off and other employees..... so we wouldn't disrupt..... Schweitzer: I think we'd better.... Prince: subject to the approval of the department heads. Schweitzer: Yes. We do have Resolution 6433 which says... you know, Junior only has about 2 or 3 holidays that he doesn't work. His people work all the holidays. Strickler: Yeah, but they get comp time. Quiel: They get paid for it, Ray. Schweitzer: That's right, but my point is that the landfill is open, the County is not going to take the day as a holiday, so we ought to make it a working holiday. They're out there at 6:39 in the morning, there's no sense in bringing trash trucks back to City Hall. Quiel: All employees working within City Hall will be allowed to participate in the ceremony. Strickler: Well, what are we going to do Department and the Police Department now. going to shut down the Police Department here for a couple hours? about the Fire Are they all and come over Schweitzer: encourage the holiday. There would be no impact if you would just City Hall employees and don't declare it a Quiel: And the directive is also not to close the department for observance of that; irrespective if the department head himself has to stay there, I'm sorry. Hernandez: Are the trash collectors on an incentive program? Schweitzer: Not any more. Hernandez: They work a straight 8 hours. Schweitzer: They work a straight 8 hours, yes. -4- 2/16/87 !It o o o o Hernandez: So, it they're delivering a garbage truck they have to go to Colton so they stop here to observe, what's wrong with that? Schweitzer: If we made it with the permission of their supervisors, don't you think, we can talk to Junior in terms of allowing as many as possible to participate. Hernandez: Not everybody is going to participate, let's face it. Mayor: I was amazed, last year we had the holiday and I was dismayed at the few City employees who were in front of the statue when we had the ceremony. I was dismayed. Esttada: They were shopping at Central City Mall. Mayor: I don't think they were there. They were on a long weekend. I was really disappointed that they did not use that holiday for the observance fot which we gave it to them. Quiel: The memo says that no department will close because of those activities. Reilly: Okay, that would be my motion. Mayor: We already have a motion. Hernandez: Can you read the motion? Clark: to direct the Mayor to send a memo to all departments that employees are encouraged to attend activities at City Hall on a specified date and time and no department will close because of these activities. Hernandez: That's it. Strickler: Aren't you going to set the time? Clark: I don't know the time. They need time to find out the time. Frazier: Does that motion say for activities provided outside of City Hall? Clark: Yes. Frazier: Question - this will be a permanent action or just this year. All: Just this year. Mayor: I do have a question. 'There maybe those who, not all of our employees live in the City, and there may be other areas where they're having observances later on. Quiel: Mayor, I could say that in the morning I want to attend the services...but we're not going to do that. Frazier: ...that's why I was raising the question of whether it's a permanent thing or not. If it's not, we'd be assuming that the group is going to be having it every year from here on out. Clark: It's just like when you have Flag Day ceremonies or the lighting of the Christmas tree that you do every year and employees can go if they want. Mayor: I didn't hear in the motion, that this is a one time only. Is that what he said. -5- 2/16/87 ..l.- c' o o o Reilly: I would include that it's for this year only. Frazier: Recognizing that it's obvious that the vote is not here to make this a full holiday, be it on a one-time basis again only, normally I'm not for getting what you can get, what you want.... Hernandez: Dan, if it's not in the budget, it's pretty hard.. . Frazier: Under the circumstances, I will vote in support of this action only because I realize that the vote is not here for any more. Bennecke: This question will arise, so therefore I have to ask it, - a department of 19 people, 9 want to go to the ceremonies. You have to..... Mayor: The department head will have to stay, that's his job. Quiel: The department head has the responsibility to keep his department open with a skeleton crew. If he has 19 in there and he needs 2 to keep it open, then I'm sorry, he has to keep open. Bennecke: My question is those two - they in essence have to stay behind when... Mayor: ItOs the department head's responsibility - how Bennecke: If staff is required, do they get compensated time? All: No. Quiel: If, in fact, there's 19 people and they say that they can get by skeleton with 2, then they draw lots as to who the 8 are that get to go to the ceremony. Mayor: Question. Unanimous: Ayes Clark: Any noes? Silence. Quiel talking to Frazier: Do you want your statements spread across the record? Strickler: Can I bring up something, Mayor, because I'm going to have to.... Frazier: I want my statements spread across the record, Shauna. Strickler: We have an opening on the Ways and Means Committee since Mr. Marks left.......... -6- 2/16/87