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HomeMy WebLinkAbout40-Public Works . . .. o o o o JOHN R. TINDALL. ATTORNEY AT LAW ~~!,..,._ 71,4.794,2805 po. Box 864. SAN BERNARDINO. CA 92401 ....' ,:q, ') < ",1" ~ :_:j ..:.....; March 26, 1987 Mayor and Members of the Common Council 300 North "0" Street San Bernardino, CA 92418 Re: 1139 W. 19th Street Manuel Enriquez Request for Extension of Time for Rehabilitation of Property Dear Mayor and Members of the Common Council: On behalf of Mr. and Mrs. Enriquez I hereby request an extension of sixty days to obtain a building permit and to bring the additional construction at the above address up to Code, on the grounds that good cause exists for such an extension. This matter was last heard at the February 2, 1987, meeting, and a copy of the minute page concerning ,this item is attached for the Council's convenience. (Exhibit "A") Mr. Enriquez has substantiafly complied with the Council's order of February 2, 1987, but has encountered unanticipated delays in having the plans completed, submitted and approved. As counsel for Mr. Enriquez, I have met with Mr. JohnE. Tucker, Director of Building and Safety. We have made arrangements for an expedited review of the submitted plans, (which are currently under review), with the understanding that the City will provide a list of additional items of information necessary for final review and issuance of the permit, and that Mr. Enriquez must continue to demonstrate a good faith effort to comply with the Council's mandate, and that an appeal process to the Building Official will be instituted and followed in this case for corrections that are required by Code and which the property owner has not completed within a specific time frame. /fO( o o o o Letter to Mayor and Common Council, dated 3/26/87 Page 2 However, Mr. Tucker advised that Mr. Enriquez's request for an additonal extension of time be presented to the City Council. Additionally, I request that this matter be set for hearing as an agenda item at the next available meeting of the City Council, at which time we shall update this matter. Yours very truly, eJ~ ohn R. Tindall Attorney at Law JRT:es Enclosure cc: City Attorney's Office John E. Tucker Clients ... -0. O. / ~ - o o o. RESCHEOULING OF MARCH COUNCIL MEETINGS - PRIMARY ELECTION City Clerk Clark requested that the Mayor and Common Council consider rescheduling the March Council Meetings due to the March 3, 1987, Primary Election. (32) Council Member Quie! made a motion, seconded by Coun- cil Member Estrada and unanimously carried, that the March Council Meeting be scheduled for March 9th and 23rd, the second and fourth Mondays. ABATEMENT - OEMOLITION - 1139 W. 19TH STREET - MANUEL B. ENRIQUEZ In a memorandum dated January 12, 1987, Charles P. Dunham, Acting Superintendent of the Building and Safety Department, provided a history of construction events since 1979, concerning property located at 1139 W.~9th Street, owned by Manuel B. Enriquez. (33) John Tindall, attorney for Manuel Bnriquez, requested a two month continuance of the matter, in order for 1:e- mOdeling of the building to be'completed in conformity to City standards, and answered questions 1:egarding work performed on the property since 1979. . Charles Dunham, Acting Superintendent of the Building and Safety Department, stated that a set of plans for the construction is needed, and answered que.tion. regarding hie opinion of whether plans could beobta1ned and work completed within 61 days. Council Member Prazier made a motion, .econded by Council Member Hernandez and unanimously carried, that the property o~er, Hanuel Enriquez, be allowed 61 days to comply with all necessary requirements, and if, in fact, the plans, permits and completion of the work are not accomplished, the demolition will proceed without the necessity of further Council action. City Attorney Prince answered questions, .tating that the property owner can appeal the matter to the Council within the 61-day period. He questioned John Tlndsll, attorney for property owner Manuel Bnriquez, if his client and he are willing to represent that the Council does have the power to demolish the building In the event that with- in the 61-day period the Council's directive has not been complied withw John Tindall, attorney for Manuel Enriquez, answered that if they do not come back and show good cause why the applicant should be allowed additional time, that the decision can go forward. They are attempting substantial compliance and working to the best of their abilities, but certain inordinate delays had occurred that he was not aware ofw As far as ppenly stipUlating that no they can't come back in, he canlOt, on behalf of his cli.nt, stipulate to such a thing w He would llke to r...rve the l'ight to come back. . City Attorney P1:ince stated that he construes this to be an agreement between the City and the developer. The City is agreeing to delay further .the demolition of the project, permitting them an opportunity to bring the matter up to code, to obtain permits, submit plans and to complete the building in a satisfactory condition. How- ever, the developer has the right to request an appearance prior to the end of the 61 days. 12 2/2/87 EXHIBIT ,. -fJ '1