HomeMy WebLinkAbout11-Building and Safety
ClrR OF SAN BERNARDICo - REQUOT FOR COUNCIL AC010N
From:
Mark 1. Sutton, Director REC'O.-ADMIM.OBfiJECT:
BUILDING & SAFETY 1988 JU\. 2\ PM ~ 08
Appeal Hearin9 - Board of Buildin9
Commissioners Order of Abatement of
a Public Nuisance at;1091-1095
West Fifth Street - -Maurice Peter
Dept:
Date: JULY 19, 1988
Synopsis of Previous Council action:
Council upheld the Board of Buildin9 Commissioners decision to abate a portion
of this structure on April 24, 1986, and due to non-compliance with the Municipal
Code and not rehabilitating the remaining portion of the structure, Staff is
requestin9 the removal of the remainin9 portion of the structure so as to complete
the abatement of a public nuisance/hazardous buildin9.
Recommeno;Jed motion:
That the Board of Building Commissioners decision to abate the public nuisance
at 1091-1095 West Fifth Street and to lien the property in the amount of $333.90,
plus any future costs, be upheld and instruct Staff to continue with the demolition
and cleaning of said property.
~/I~
Signature
Contact person:
Don Hesterley
Phone:
x /5071
Supporting data attached:
YES
Ward:
1
FUNDING REQUIREMENTS:
Amount:
fUr
Sou ree:
Finance:
Council Notes:
Agenda Item No, /!
75-0262
ciT90F SANBERNARDIIO - REQUE6T FOR CO' INCIL AC~ON
'--'"
STAFF REPORT
HISTORY OF 1091-1095 WEST FIFTH STREET
These buildings came to the attention of the Building and
Safety Department on April 27, 1972, by way of a complaint.
After the Board of Building cOllllissioners action, and one
year elapsed time, repairs were made.
In 1978, the buildings were again in dis-repair. An appeal
to the Redevelopment Agency for funds was turned down.
On January 9, 1980, complaints were again received.
Inspection of the property was attempted, but entry was
denied. OUring 1980, this came to the Board of Building
cOllllissioners five times, with extensions being granted.
In August of 1980, it again came before the Board of Building
COllllissioners. The result was a resolution to demolish. An
appeal was made to the Mayor and COllllon council on August 22,
1980, and was denied.
No further action was taken until January 31, 1986. The
Board of Building Commissioners met on March 7, 1986, and
adopted a resolution for illllediate demolition. An appeal was
made on March 17, 1986 to the Mayor and COllllon council, and
was denied.
On November 7, 1986, the structure was demolished and the
lot was cleaned. (Note: Structure demolished was west side of 1091-1099)
On November 17, 1986, complaints were received in regards to
the open and exposed wall of the remaining building. Letters
were sent and the owner refused to protect the exposed
fraainq and wall. The building was scheduled for the Board
of BuildineJ Co_issioners Meeting on June 3, 1988. The owner
was notified on May 20, 1988. permits were taken out to
close the open wall. Mr. Peters was informed that this would
not stop the Board of Building COIIIIissioners action, as there
were other existing problems. Mr. Peters appeared before the
Board of Building COllllissioners and claimed that the
remaining building was a self-contained building, independent
of portion that was demolished.
The remaining building has no sanitation facilities, which
cast doubt upon this supposition. Mr. Peters was asked to
produce a structural Engineers Report, as required by the San
Bernardino Municipal Code 15.28.050, and indicated that he
did not feel it was necessary to do so.
71.026.
I'AGif""fof G
109~95 West Fifth
Staff-Report-Council
o
Action
o
Street
Request for
The Board of Building Commissioners adopted a resolution to
demolish the remaining building. Mr. Peters appealed to the
Mayor and Common Council on June 13, 1988,. The current costs
are 'n33. 90'.,->
staff respectfully requests that the Board of Building
Commissioners decision to abate the public nuisance at 1091-
1095 West Fifth street, be upheld and instruct Staff to
continue with the demolition and cleaning of said property.
:>
'ciTOoF SAN BERNARDIC - REQUIOT FOR COUNCIL ACQON
STAFF REPORT
BOARD OF BUILDING COMlUSSIONERS APPEAL TO COUNCIL -
*1091-1099 WEST FIFTH STREET.
04/27/72- Complaint received
04/28/72- Letter sent
10/04/72- Letter sent about repairs - no compliance
01/19/73- N.O.P. filed
03/02/73- Board of Buildinq Commissioners Meetinq-Resolution
to rehabilitate.
03/02/73- Board of Buildinq Commissioners action extended 60-
days
05/02/73- General repairs made
08/30/78- Letter to Redevelopment Aqency for funds - turned
down
01/09/80- Complaint received
01/19/80- Special inspection of property - entry refused.
Was to make appointment for next day, owner did not
call back.
01/23/80- Letter sent
01/23/80- N.O.P. filed
01/24/80- Letter unclaimed
03/03/80- Permit taken to repair buildinq
03/07/80- Board of Buildinq Commissioners Meetinq-Resolution
to rehabilitate.
03/07/80- Board of Buildinq commissioners action extended 60-
days
03/09/80- Second letter unclaimed
07/03/80- Board of Buildinq commissioners Meetinq - brouqht
back, due to work not beinq done.
07/03/80- Board of Buildinq commissioners action extended for
30-days, and to vacate two-story buildinq until
repairs are made
07/30/80- Appeal received
08/01/80- Board of Buildinq Commissioners Meetinq-Resolution
to abate the structure.
08/01/80- Board of Buildinq Commissioners action extended two
weeks
08/18/80- Appeal before Mayor and Common Council
08/22/80- Appeal denied
09/05/80- Board of Buildinq commissioners action extended for
60-days
01/31/86- No work done to buildinq
02/04/86- Complaint received
02/21/86- Letter sent
03/07/86- Board of Buildinq Commissioners resolution for
immediate demolition
03/17/86- Appeal to Mayor and Common council
03/26/86- Demand letter sent
04/21/86- Appeal denied
PAGOOf 2
1091-1099 West Fifth Street
Request for Council Action
o
o
o
04/24/86- Requisition Order to demolish buildinq
11/07/86- Buildinq down and lot cleaned (west side of Bldg. 1091-1099)
11/17/86- Complaint received - will not weatherproor exposed
framinq and drywall
11/18/86- Letter sent in reqards to finishinq of the exposed
wall
03/20/87- Demand letter sent
04/22/87- Notification of Board of Buildinq Commissioners
Meetinq sent
05/01/87- Item withdrawn from Aqenda
ll/19/87- Notification of Board of Buildinq Commissioners
Meetinq sent
Dec. 87'- No Board of Buildinq Commissioners Meeting in
December 1987
01/08/88- Commission restated position of demolition
05/06/88- Was on Aqenda for Board of Buildinq Commissioners
Meetinq - no Quorum
OS/20/88- Notified of June Board of Buildinq Commissioners
Meetinq
05/17/88- Permits taken out to close off existinq wall
06/03/88- Resolution by Board of Building commissioners to
demolish buildinq
06/13/88- Appeal to Mayor and Common Council
Om OF SAN 3E"O- t,IO I
OE?ARTME.~T OF BUILDING AND'~FETY
PROJECT NO.
RESOLUTIOft NO.
SAM aElUlARDIJIJ UICIPAL CODE. Trru 15 El'!ERGENCY AlATEHEHT
The wtdersigJled res_r./'ully sublllits the following statelllent of casts incurreG by the
City of s.n Bernardino in aba~1IlJ tile pub1 ic nuisance tIIat existel1 on' tile property
located at: 1091-1099 West 5th Street
OWner: Maurice Peters
~ress: 1048 II. Arrowhead. 58 CA 92410.
Assessors~: 138-201-26
Mare part1cularly described as:
0-
1472
o
Sj,\TEMENT OF COSTS
[nez Johnson sub lots 1.2 and '14/0 ft
Lot 3 BIK 1 and 11.5ft adj. 5d lot 1
on W Book 5 Page 32
ITEMIZATION
WIO andlor EtA
Street Oeot's Casts:,
war S
AdIIrinistrat1ve Costs S
Building Pennit S
Equipment S
Maten a 1 S
Ollllll'i nq S
BuiTdfnq and Safety Oeot's Casts:
Title Searc:ft t
Special Inspec:1:Cr # $
Inspector's Time 2 X 516/hr S
Secretary I s Time 2 X 513/hr S
Caaq). & Retirement 25~ S
Equipment a X SOt/mile S
Certified Mail ing 4. X 52.00 S
Pictures 4 X 51.00 S
Adlllinistrative CQSU 4O~ S
Hearing Time illlO S
Newspaper Ac1'Ierti Selleftt S
Additional Costs City Atty 540 XS
~8roT~ S
Casts From Previous Hearing S
S
S
TOTAL 5
Demolition Contract Preparation:
Contractors Costs:
Oate:
t-1~v'O 1988
TOTAL COSTS
, Mark Su ttan
BUilDiNG & ~F~11 DLRECTOR
SaMe 15: 28
By:
~ ;ZI ,t4~Z:4
32.00
26.00
24.50
4.00
8.00
4.00
95.40
100.00
40.00
"
~
333.90
. -0
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REPORT NO. /~ '} tl
9
~
CITY OF SAN BERNARDINO
DEPARTMENT OF BUlLOINQ AND SAFETY
300 North D Str.et
SAN BERNARDINO. CA.~241a
EXHIBIT "AU
An inspection ~as
and/or premises.
inclUde but'not be
.ade of the belo~ mentioned structure(sl
and substandard conditions which shall
limited to the follo~ing, were observed.
The o~ner/s ~ere sent a certified mailing of these condi-
tions.
The recommendation is for abatement of
and/_ premisesl ...J!_. _. _. J_. L
by ~j",..~" '~T' J~..,./,.r,;""
the st1'uctu1'e(sl
. . L r I In
All such substandard buildings or premises a1'e hel'eb~ de-
clared to be public nuisances and such nuisances shall be
abated b~ the 1'epail'. 1'e.oval 01' demolition of such uns.fe
buildings b~ the pl'opel' pl'ocedul'e. Pel'mits al'e l'equil'ed
p1'iol' to st.l'ting repail' or demolition ~ol'k.
Total costs incu1'l'ed to date: S 333 9"
;='"" -
OWNER MllIl',"C ~ P~fi.Jl S DATE PREPARED 1/ k~ /'7
ADDRESS ,''16 ~~61)~,,,,,' TYPE BUJO/VIOLATION/J...#;..'h,;'rJAd""I""U'~ I
CITY 5. fl. . ~:J. 9 Z 9'/' ADDRESS /t!)., JI W. r~;, .S"t.
PHONE NO. 'KJ?'T- Z ~ 7 J ASSESSOR'S NO.I.S'-2.~/- 2 ~
DATE OF INSPECTIONJlhll(' -/l/I,ln -llIr;"'7 - '1/9N?
IJpz/~"7 -. ~/" I,.
VIOLATIONS
STRUCTuR~-9UILDINC
1. Open/vacant buildingCUFCll. 41/11. 412] Secu1'e all
buildings to FHA standal'ds to pl'event unauthol'ized
ent1'ance. SeCUl'e dool's and windows with fitted pl~wood
painted to match house t1'i.. Openable ~indows must be
pl'ovided with quick ~elease .echanisms whel'e secu1'it~
SC1'eens al'e installed on bedl'oom windows(UBC 1204il.
2. Fil'e da..ged st1'uctul'eCs] specificall~
CSB~C 1'.16.2401 Secul'e the necess.l'~ pel'.its and l'ep.i1'
~ithin thil't~C30] da~s to building codes 01' demolish.
3. Inadequate fire pl'otection 01' fil'e-fighting
equipmentCUHC ~.~OI. 10. 1001n. UFC 10.301J P1'ovide as
1
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~e~ui~ed b~ codes p~oper fi~e-extinguishing s~stems o~
equ i pment.
Inadequate exitsCUHCS.S01.I0.I001m.UBC33.3303.UFC
a~t. 12] Additional exits ma~ be ~equi~ed to be in
compliance with building codes.
,. Inadequate Foundation-sagging floo~s in
CUHCI0. 1001c. d. J. k. 1. UBC1. 104d]foundation o~ pie~s must
be p~ovided.
(!)
7.
S.
9.
e
11.
e
Inadequate walls/ve~tical suppo~ts in
which have been weakened b~ dete~io~ation o~ ove~loading
CUHCI0. 1001c.d.h. J.l.] must be ~eplaced o~ st~engthened.
Inadequate
CUHC'. '03.
shall have
ceiling height in
UBC12.1207] All habitable
7ft.6in. ceilings.
~oo"s
and se~vice
Inadequate ~oom dimensions in
CUHC'. 503.
UBC12. 1207]
Inadequate ventilation/light in
CUHC,.'04. UBC12.120'] All habitable ~ooms shall have an
agg~egate window a~ea of not less than 1/10th the floo~
a~.a o~ 10 s~ ft. whicheve~ is g~eat.~ and an openable
window a~.a of 1/2 the total a~ea ~.qui~.m.nt. Bath~ooms
..ust have a minimum of 3 sq. ft. o~ b. p~ovid.d lIIith
m.chanical v.ntilation,
Imp~op.~ us. of unitCUHCI0. 10010] Th. us. of
as must be discontinu.d.
B~oken doors o~ windowsCUFC11.411/11.412. UBC1. 104d] S.e
numbe~ on. fo~ co~~ection.
12.
Inadequate ~atp~00fingCUHCI0. l00lk] All
attic vents o~ openings must be cov.~.d
mesh screening.
foundation and
wi th 114 inch
13. Illegal addition/substanda~d accesso~~
CUBC3.301. UHC3.301J Addition of
must conform to codes o~ be d.malish.d.
buildings
B~aken/.issing ext.~io~ siding/stucco on
CUHC10. 1001b. c. d. h. J. UBC17.1707] must be
~eplac.d.
~epai~.d o~
1'.
Inadequate
daa~ at
it clas.s
p~ap.~l~.
doo~CUBC33.3304. UFC12. 12. 104] Install n.w
o~ ~.pai~ .xisting daa~ ta insu~.
p~ape~l~ o~ if a lock is p~esent that it lacks
2
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16. Chimney st"uctu"e unsoundCUBC1.104d. 2.203.
UHCI0. 1001c. d. h. i. J. k. 1. J Remove chimney to "oof line.
cap at this point and seal fi"ebox 0" "epai" st"uctu"
ally to code.
HEALTH-SANITATION
Pool has stagnant wate"
inadequate gate CSBMC1~.48.
Swimming pool act 24. 100. H.S
0" "eplace acco"ding to codes.
~ Deb"is/Junk/inadequate ga"bage storageCH.alth and
Sanitation Regulations Title 3 chap.233.023.33.024.
SBMC8. 21.030.8. 21.040. B.21.0~0. 8.21.090. 8.24.020.
8.24.030 8.24.040.B.24.0~OJ Remove deb"is/Junk and
p"ovide suitable containe"s with lids "0" "ubbish and
ga"bage.
17.
19.
20.
21.
22.
cg
24.
2~.
26.
inadequate fence
State code Title17CAC
Code7774J Drain. "epai",
Unlicensed/inope"ative vehicle Vea"
Lic. CSBMC8. 33. 010kJ Remove 0"
building.
Make
sto"e
in a
Insects-ve"min-animal d"oppingsCSBMC6.04.120. 6.08.080.
UHCI0,1001b.d.k.lJ Adequate measu"es must be taken to
eliminate this condition in
Unsanita"y d"ainboa"dCUHC6.601.10. 1001c.d. J.l.
UBC2~.2~16kJ Reseal 0" "eplace-d"ainboa"d backsplash.
Unsanita"y .,loo"cove"ing-floo"ing in
is a health haza"dCUBC1.104d. UHCI0. 1001d. J. lJ. Recove"
0" "eseal p"ope"ly.
Dwelling lacks hot wate"CUHC~. ~O~. 10. 1001a.d. kJ Hot
~t." of not less than 120 deg,.ees F. must be p"ovided
to "equi"ed plumbing fixtu"es.
heate" illegally installed in: bath"oom
CUMC2.202. ~.~04-~0~. UHC7.701c. UBC2.203J
wate" heate" to a suitable location unde"
Water
bed"oom
Relocate
permit.
Wate" heate" illlprope"ly ventedCUMC2.202. ~.~04. ~.~08.
UBC2.203. UHC7.701cJ Vents shall extend 12 inch.s above
the point of exit f"olll the "oof, All vent pip.s to be
s.cured.
Roof l.aking
CUBC1. 104d.
Repai" "oof.
in the a"ea above
2.203. UHC6.601.
10. 1001b. c. d. h. i. J. k. IJ
ELECTRICAL
27.
Ov."fusingCUBC1. 104d.
10. 1001b. d. .. i. J. k. 1.
UHC2.202. 4.401. 7.701b. 9.901.
NEC2.202a"t.90.6J Fused electrical
3
.
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branch circuits shall be provided ~ith non-tamperable
'use. not to exceed l' amp. 'or light./20 amp. to
recep tac Ie..
28. Mi..ing electricial covers/'ixtures in
CUBCl.104d. UHC2.202n. 7.701b. 9.901.
10. 100lb. d. e. i. J. k. 1. NEC2. 202art. 90. 6J All outlets and
s~itche. must have proper covers and all electricial
'ixtures must be properl~ installed and secured to the
building.
29. InadeCluate outlets in
NEC.ec.210J Each habitable room mu.t hav.2 convience
outl.ts or 1 outl.t and 1 light 'ixture. Bathroom. must
have 1 light 'ixtur. and GFI plug.
30. Electrical s.rvice i. inadeCluate 'or .xi.ting loads
s.rved CNEC.ec230J A ne. .ervice d..igned to suppl~ a
minimum 0' 60 amp.re 3 ~ire s.rvic. 'or up to' C'iveJ
t~o ~ire branch circuits capacit~.
31. Hazardou./ill.gal wiring in
CUBCl.104d. 2.203. UHC2.202. 4.401. 7.701b. 9.901.
10. 100Ib.d... i.J.k. 1. NEC2.202art90.6J Must b. r.placed.
prop.rl~ repair.d or remov.d to eliminate hazard..
MECHANICAL-HEATING
32. Illegal gas heaterC.J and/or ga. appliances in
CUMC2.202. ,. '04.'08. UHC7.701c. UBC2.203J All unv.nted
or op.n 'lam. ga. appliances must b. di.conn.ct.d and
r.moved 'rom premi..s and the gas pip.. capp.d in a
mann.r that prev.nts reconnection 0' these appliances.
33. Inad.Cluate h.atCUHC7.701aJ An approved h.ating s~stem
.hall be in.talled capabl. 0' providing 70 d.gr... F
thr.. '.et above 'loor in all habitable rooms.
34. Inad.Cluate/mis.ing gas .huto" saf.t~ valve
connection____at CUBCl.104d. 2.203.
UMCII04d. '.'02a.'03Cc-2J. UPC12.1213mJ An approv.d .hut
off/valvel connection .hall be install.d in an
adJacent/acc.s.ible location 'or all gas fired
app 1 iances.
3'. Combustibles are stor.d too n.ar heating applianc.s in
CUMC8.806a2. 7.703704]
R.mov. combustibles. Check manufacturers .pecification..
PLUMBING
@
Leaking/broken/plugged se~er drains in
CUBC1.104d. 2.202. 4.401. ,. '0'. 10. 1001b. d. J. k. 1. All
fixtures and appliances mu.t be properl~ conn.cted to
....r lines and maintained in a sanitar~ condition.
4
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39.
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Leaking-b~oked pipes-missing plumbing fi.tu~es in
[UBC1.I04d, 2.202, 4.401, ,. '0', 10. 1001d, J' k, l, J All
wate~ pipes and fi.tu~es must be f~ee of leaks and
maintained in a se~viceable and sanita~~ condition.
Inope~ative-missing p~essu~e tempe~atu~e ~elief valve
fo~ hot wate~ s~stem[UBC1. 104d, 2.203, UHC2.202, 4.401,
10. 1001d, f. 1. UPCI0.I007. 13. 130'-1306JReplace valve.
C~oss connected plumbing fi.tu~e[sJ in
[UPC1.I02e&110. 6.608. 10. 1003h3 Wate~ inlets must be a
minimum of 1 inch above the ~im of the vessel se~viced.
Inlets in wate~ closet [toilet3 tanks must be equipped
with app~oved ANTI-SIPHON devices with 1 inch clea~ance
above the ove~flow tube.
39A. Va~d sp~inkle~s must be f~ee of c~oss connections with
app~oved vacuum b~eake~[s3 installed at le.st six [6J
inches .bove su~~ounding g~ound, and he.ds se~viced.
GENERAL
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NOT TO BE OCCUPIED CUBC2.203. 3.307, '.'01-'033 ~elling
sh.ll not be occupied until violations noted above have
been co~~ected and app~oved b~ a Building Inspecto~ f~om
the Cit~' of San Be~na~dino Building .nd Safet~
Depa~tment.
A Ce~tific.te of Occupanc~ will be ~equi~ed to ~.occup~
p~ope~t~[UBC2.203. 3.307. '.'01-'033.
Imp~ope~ occupanc~CUHC10. 10010. UBC2.203. 3.307. '.'01-
'033 Occup.nc~ is not allowed in this building o~
po~tion the~eof. ~ou must vacate the a~e..
Nuis.nceCUBC1.I04d. UHC4.4013
This is .n .tt~.ctive h.z.~d
dete~imental to humans. It Illust
~ep.i~ed, cle.ned up. o~ ~emoved
which ma~ p~ove to be
be p~ovided p~otection,
i_edi.tel~.
Fi~e haz.~d in o~ on
[UBC1.I04d. 2.203, UHC2.202, 4.401, 8.801. 9.901.
10. 1001c. d. J. k. 1. UFC2.201. 3.1013 Re.ove the building.
device. .pp.~.tus. equipment. combustible waste o~
vegetation which can c.use o~ .ugment the sp~e.d and
intensit~ of fi~e o~ e.plosion.
Fault~ m.te~i.ls of
[UBC1.I04d. 2.203.
of constuction must
Building Code. and
safe condition.
const~uction in
UHCI0. 1001c. d. J. k. 1. 3 All m.te~i.ls
be allowed o~ appoved b~ the Unifo~m
adequatel~ maintained in good and
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Inadequate maintenance of
CUBC1.l04d. 2.203. UHC2.202, 4.401.
10. l00lb. c, d, e, f, g, h, i, J. k. 1, m, n. 0, Ul'lCl. 104d. 2.202.
UPC10.2, NEC2.202,90.1. 90.4, 90.6, NFC2.201, 3.101J
Repair and/or replace building or portion thereof.
47. Smoke detectorCsJ requiredCUBC12.1210a. UFC APPEND.l-
A_6JInstall smoke detectors as required.
4B. Address required on all buildings and/or aptsCUFC10.20B,
SBI'lC12.32.030J. Appl~ address information.on building.
4". Illegal construction Illhich requires permits and
inspectionsCUSC3.301-30~J.
6J. ~~:{:~/:J;/{' -"",,"+0 ..#..~,., +.1.eiJd.
-
This inspection report Illas given to:
A propert~ olllner.
S IllAnager.
C tenant.
D b, hand deliver"
E regular mail, L-
F certified mail. "II~,.,
on 19Jt&r
J1- P.JI...-L-?r!
Inspecto~ Sign.tu~
6
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