HomeMy WebLinkAbout17-Council Office
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February 21, 1986
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oS AN 13 CT{N A(t..p I~O I 41.
Until the notice sent by the Board of Building Commissioners
we were not aware of any violations to San Bernardino
Municipal Code. This notice was dated January 24, 1986 and
we were informed that we were to respond less than 14 days
later on February 7, 1986.
Mayor and Common Council
300 N. "D" Street
San Bernardino, CA 92418
f,E'.
Dear Mayor & Council:
The deficiences cited by the building inspector are all
correctable items and a great deal of repairs were made and
more in the process pending the cooperation of the tenant/
occupants since we acquired the property in April of 1985.
The complaints cited are mostly tenant caused and when we
are able to vacate the premises of the present non paying
tenants we will correct all the deficiences and have very
presentable units - incidently the property consists of
four not five units as per building inspectors letter.
We request that we be given reasonable time to make correc-
tions so as to avoid a very severe financial loss to a very
senior citizen and the loss of four low cost housing units.
The prevailing rent for the three studios are $200 each and
the one I-Bedroom unit rents for $235 month.
Very sincerly yours,
A~'
~s J. I:tkins
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Wayne E. Shull
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R r::SOJ)JT rON
1073
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REPORT NO. 2474
R;.~:OLiJTI()~J ();f' 'T~H: iJO~ i.H) l~j:" :-!u ~:J..D Iru; ~Ont1ISS IONE!~~ 0;" T,:!~
(";IT~{ 0"2 .SAN BER~:ARDI~10 AHTHOP.IZIN(.; THE A.BA'.I~EM~;N".r O!,' A pueLIC
~WISAtlCE.
WHSREAS, pursuant to San Bernardino Municipal Code, Title
15,
~h ~ l~ ~~ th
~ apLer .I.~O, e
Building Off.icial has posted a buildingCs)
or pre~ises located at
940 - 946 North G Street
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San Bernarrtino, California, with a "Notice to Abate Nuisance",
and has notified the person or persons having an interest in said
property that the said buildingCs) or premises constitute a
public nuisance, and has prepared a declaration or posting and
mailing of the notice, a copy of which is on file in these
proceedings; and
'Eo
WHER~AS, pursuant to said San Bernardino Municipal Code, the
Building Official has served ,'1 "Noti.ce of Hearing Before the
Boare! of euilding Commissioners of the City of San Bernardino",
relating to abatement of said nuisance, to the person or persons
having an interest in said property, and has prepared a
declaration of mailing of the notice, a copy of which is on file
in these proceedings; and
WHEREAS, a hearing was held to receive and consider all
relevant evidence, objections or protests on
February 7
1986 and
WHER3AS, the Board of Build in9: Commiss ioners heard the
testimony and e~amined the evidence offered by the parties
relative to such alleged puhlic nuisance,
rrO\-1, T:1ERF;"Of<E, 8E IT RESOLVP,n 'iF TH1~ SOAP-I) OF flUILDINC
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1 COMMISSIONERS OF 7HE CLTY OF SAN BERNARDINO AS FOLLOWS:
2 SEC7ION 1. Based upon the evidence submitted, it is found
3 and determined that the ~uilding(s) or premises located at
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940 - 946 North G Street
, San Bernardino, California,
5 constitute a public nuisance for the reasons set forth in Exhibit
6 "A", attached he::eto and incorporated herein by reference as
7 though fully set forth at length as the findings of fact of the
8 Board.
9 SECTION 2. The owner(s) is hereby directed to commence the
10 abatement of the public nuisance by obtaining the necessary
11 demolition and/or building permits within ten (10) days after the
12 date of posting of a copy of this Resolution in a conspicuous
13 place on said building(s) or premises. The abatement must be
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14 compleied within thirty (30)
days thereafter. All owners,
15 occupants, lessees or other pe::sons in possession of the premises
16 must vacate the building or structure until all such abatement
17 has been completed.
18 SECTION 3. In the event the public nuisance is not abated
19 within the prescribed period of time, the bui~ding(s) or premises
20 shall be razed, demolished, removed, repaired or rehabilitated by
21 the City of San Bernardino, or by a person or pe::sons authorized
22 by the Building Official, and the expense the::eof made a lien on
23 the lot or parcel of land upon which the public nuisance is
24 located.
25 SECTION 4. Any person aggrieved by this order may, within
26 fifteen (15) days after February 7, 1986
, appeal to the
27 Cornman Council by filing with the City Clerk a written statement
28 of the order appealed from, the specific grounds of appeal and
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1 the relief or action sought from the Common Council.
2 I HEREBY CERTIFY that the foregoing resolution was duly
3 adopted by the Board of Building Commissioners at a
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regular
meeting thereof, held on the 7th
5 day of
February
, 19 86, by the following vote, to wit:
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AYES:
Commissioners Pollock, Sellas, Hen, Ortega, Hunt,
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Sheehe, Marshall
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NAYS:
None
ABSENT: Commi 55 i oner Mi 11 er, Gomez
~~mb"onm
The foregoing resolution is hereby approved this 7th
13 day of February
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Approved as to form:
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18 o/],-,.Lol e},rJ-19t~
19 City Attorney,
Assistant City Attorney,
or Deputy City Attorney
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Chai-tman, oar or ui ing Commissioners
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DATE: February 7, 1986
ADDRESS: 940 - 946 North G Street
TYPE OF STRUCTURE: Occupied apartments
REPORT/PROJECT NO: 2474
ASSESSORS NO: 140 134 05
On or about August, September, October 1982, February 1984, June and July 1985, and
again in January 1986, an inspection was made of the above structure and premises,
and substandard conditions which shall include but not be limited to the following,
were observed:
This is a 5 unit apartment building with 2 units in front and 3 to the rear. One
apartment has no heater, another has no hot water heater or hot water. In another
unit, when the people upstairs take a shower, it leaks into the kitchen ceiling
below. The doors and windows are broken and lack proper weather stripping. The
ceiling in one unit is starting to come down. The bathrooms are in an unsanitary
condition, toilets are loose and showers are leaking. The deck area on the 2 story
building in the rear is loose and separating from the building. There is siding
missing and holes in the walls in the front building. One apartment is using an
extension cord to get electricity. The buildings are in a complete state of deteriora-
tion. This property is continuously being sold without repairs or maintenance. The
apartments are not of proper size for the number of people~living therein. The
buildings no longer provide adequate fire protection.
The owners were sent a certified mailing of .these conditions.
I do ask for abatement of the structure by demolition and an order to vacate the
premises or that the utilities be disconnected until the buildings are brought up to
code.
All such substandard buildings are hereby declared to be public nuisances and such
nuisances shall be abated by the repair, removal or demolition of such unsafe
buildings by the proper procedure. Permits are required prior to starting repair
or demolition work.
Violations: San Bernardino Municipal Code 15.28, 8.27, 8.30, 8.33, Uniform Building
Code 1982, Ch 1, Sec 104(d), Ch 2, Sec 203, 205, Uniform Housing Code
1982, Ch 2, Sec 202, 204, Ch 3, Sec 301, Ch 4, Sec 401 Nuisance, Ch 6,
Sec 601, Ch 7, Sec 701, Ch 10, Sec 1001 (all).
Total costs incurred to date: $250.65
by:
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ORDER TO VACATE
RESOLUTION rw. 1073
REPORT/PROJECT NO. Z47~
WHEREAS, the provisions of the San Bernardino Municipal Code, Chapter 15.28 of the
City of San Bernardino set forth a procedure for the abatement of BUilding(s) or
Structure(s) within this City which have been declared a public nuisance; and
WHEREAS, said procedures have been duly followed with respect ~o the Building(s)
or Structure(s) located on the property hereinafter described, and the time to
enter and vacate same has arrived; and
WHEREAS, this Board is empowered by Section 15.28.060 of the San Bernardino
Municipal Code to order the owner, occupant, lessee or other person to vacate
said BUilding(s) or Structure(s) prior to the abatement of said nuisance,
NOW, THEREFORE, be it resolved by the Board of Building Corrmissioners of the
City of San Bernardino that the owner, occupant, lessee or other person(s)
presently occupying the Building(s) or Structure(s) located at:
940 - 946 North G Street, San Bernardino, CA
STREET ADDRESS
are hereby ORDERED TO VACATE SAID PREMISES within thirty (30) days from the date
of passage of this Resolution.
BE IT FURTHER RESOLVED that the Clerk of this Board is hereby authorized and
directed to have a copy of this Resolution served upon the present occupants of
said Building(s) or Structure(s) and also post a copy thereof in a conspicuous
place upon said premises.
I HEREBY DECLARE that the foregoing Resolution was duly adopted by the Board of
Building Commissioners of the City of San Bernardino In the 7th. day of
Februa ry 1986 .
erk of the Board of Building Commissioners
City of San Bernardiho .
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BBC HEARING, FEBRUARY 7, 1986
The Clerk presented Item No.5, Report/Project No. 2474, occupied apartments located
at 940-946 N. G St. and owned by Wayne Shull. Mr. C1ar reported on the deficiencies
and admitted the report as Exhibit A and the phot09raphs of the property as Exhibit B.
He then read the fire inspector's report and admitted the report as Exhibit C. Mr.
Shull appeared and stated that he obtained the property in April, 1985, and has done
some painting, replaced windows and built stairs. He requested time to rehabilitate
as soon as the apartments are vacated. Mr. Rosebraugh said that the apartments were
built in the 1920's, have had no maintenance and are severely deteriorated.
Commissioner Pollock made a motion, seconded by Commissioner Hunt, to adopt an Order
to Vacate the premises within 30 days and to adopt a Resolution for Abatement, by
immediate demolition. If a permit for demolition is not obtained and work commenced
within 10 days after the premises are vacated, the City will arrange for the building
to be demolished at the end of this 10 day period. Costs incurred are to become a
lien upon the property- The motion carried.
Roll Cal.1 Vote: Ayes: Commissioner Pollock, Sellas, Heil, Ortega, Hunt, Sheehe,
Marsha 11
Noes: None Absent: Commissioner Miller, Gomez