Loading...
HomeMy WebLinkAbout44-Public Works r . l~'~~(' '~U.f~ h.....,J j\ Li I () ,4. V~ v / r I '1 t 7 -, '"" ~ ~,~.~ f" HEC'D. - " M~ .-tv~ I P. Y'llyr...-r. U I J y. DIV~cTU' I pul, If ~ ~f'''Vl~'./ C , r 1 0 I- )<ill 6"\ 8" , .... A ~ J,..., 0 ,- "Ii'09 ~ I ...... ' I .....J-../ :....,:; "'... ~. ~t', r"~l.( I A/o b /1 , - t>? I - Z ~ I'" v () ( C , P wI? Z ") '1 I Pl'1f ,. MY. )-11 Vf' rl ~ : ( A JYt A t'pJ~l;" PI '1 cI'#f'~ J -!J-.-.. ,I.., f B,.vd 01- ?v,')j,;,~ C'I'H ",.;'/11'..., Td -,-1., }4A. '1(/'" L.., d (o,r)m..'"'" [, vrl t : I, rplf#lsl ?iCdv J ~ .1')1 i WIY~ A (tfO',? I I 1~ ~ C1fi ()+ -rl.~ J't'J A ~J ,; ~ 0+ 'J()V- j . OJt~ (I~ c! I "'j / ;14 '1 r' y, or" ( T -t7J rt f II-' J,A .:t i. I tJ ..,J. ~I/ J V f 7 "I III. "" ) U I -1 t., ~ 4 c4 , ~. nf ;~" r f ~() .., /P }~t-.( , l~ " J < - 7(5 A ~ I6l. -; ~ w t ~ ; t., J c, :tit v J ! /VL-hpi.+-t"''' r~'" 7 f..f )1; I (J.I I. f~ ,;v; ~v J -r't '7 q."1.- .I l,t / J t.u~, I, i'Yt ,~ /-i Ii " I 6 ~ I "'- f11 6 D T, ;;;/J Y'fGyr 61-1. (4~ O'Il...l..( I aT ,(" ,,/,;....,./ W ',/01,/ itA-tit!.. ti z . (I.... j I 1'" i - , r nf '1 :1 ,,' /' ~ .J . It,lti4. . f,. ~~ t;:; ;1 J 1, - '"\ ~_ /l "" -(-,..- cT j J II K.w.f> "'", ,- .4 -r "t. " ,~ q 2 II t1 Y , . CITY OF SAN BER...ARDINO - REQUEST ~ ,lOR COUNCIL ACTION From: Manuel P. Moreno, Jr., Director of Public Services Dept: Public Services Su~ect: Appeal of Board of Building Commissioners decision relative to the abatement of weeds--Irwin Street, south of Rialto Aven Richard A. Gonzalez. Date: August 25, 1989 Synopsis of Previous Council action: July 7, 1989 - Board of Building Commissioners, adopted Resolution #1307 August 8, 1989 - Mayor and Common Council adopted Resolution #89-309 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 /iIk~ 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. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BER~ARDINO - REQUEST ....OR COUNCIL ACTION STAFF REPORT On April 1, 1989, a "Notice to Clean premises" was mailed to Richard A. Gonzalez, 3732 Fruitvale Avenue, Oakland, CA 94602, regarding property Parcel No: 0136 071 28, located on Irwin Street, south of Rialto Avenue. A copy 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 Commissioners 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 copy of the letter is attached as Exhibit "B". The hearing on the assessment on Mr. Gonzalez's property, Parcel No: 0136 071 28, was held August 4, 1989. Evidence was presented to the Board of Building Commissioners 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 copy of the Resolutions are attached as Exhibits "C" and "D". On August 10, 1989, Mr. Gonzalez wrote the Director of Public Services appealing the decision of the Board of Building Commissioners, to the Mayor and Common Council. 75-0264 CITY OF SAN BERN~. )INO DEPARTMENT o~. ..L1C SERVICES ABATEMENT SECTION 300 North "0" Street San Bernardino. CA 92418 (714) 384-5045 Exhibit "A" NOTICE TO CLEAN PREMISES And NOTICE OF REGROWTH 0136 071 28 HEARSH SUB S 43.5 FT LOT 18l0T 6T 72 BLK 8 EX E 81 FT UND 1/2 INTOT 6 BLK 4 SDK By virtue of the. weed abatement rules and regulations of the City of San Bernardino. San Bernardino Municipal Code Chapter 8.27. you are hereby notified to remove from 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 inhabitants of said City: GONZALEZ, RICHARD A 3732 FRUITVALE AVE OAKLAND CA 94602 RE' PARCEL PROPERTY DESCRIPTION: ~ VVeeds and Grass P Tumbleweeds r;J All Debris and Combustible Materials D 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 abuttl.ng 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. and 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 (10) 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 Hall. 300 North "D" 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 dUflng 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 eronomlcal 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, ,---, U If checked here. then the following .Notice of Regrowth applies instead: A "Notice to C!ean Premises," as stated above. was previously mailed to you. declaflng 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: " ~ VVeeds and Grass o Tumbleweeds n LJ Other You are hereby urged to perform the abatement work Indicated within ten 1101 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 heaflngs are conducted on Notices of Regrowth, - . ABATEMENT COORDINATOR DEPARTMENT OF PUBLIC SERVICES (71413B45045 ABATEMENT MUST BE COMPLETED VVITHIN TEN DAYS OF THE DATE BELOVV DATE 04-01..,.89 -- ---.- --- ..,...... ~""":""t_"'_:':;'~~ .~........ --:a..r~"~"~__Jil."'-=':""::"_... Exhibit "B" C I T Y 0 F San l)ernardino "U.LIC IE"VICIES DI""flTMINT MANUEL P MORENO JR DIREC10R PUBLIC SERVICES Jl.llle 30, 1989 Richard Gonzales 2519 York Ct. San Bernardino, CA 92408 re: APN 136-071-28 Dear Mr. Gonzales: This is to infonn you that your assessnent protest will be heard at the August 4, 1989 zreeting of the Board of Building Carrnissioners, not the JuUf 7 zreeting. Very tro~yours, ~. f7(\. C~~_{V Lissa Reeder Abatenent Coordinator 300 NOR1H 0 STREE- SAN BERNARDINO C A ~ I F 0 A "N i A 9 '2 4 , 8 0 0 0' 7 1 ~ , " . ~ ......... PRIDE ~ ..1.11I IN PROGRESS ~... --Af , . " .... 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 Exhibit "e" RESOLUTICN 00. 1307 RESOLUTlOO OF THE OOARD OF BUILDING CCl'V'USSIOOERS OF THE CITY OF SM BERNARDINO ASSESSING COSTS OF ABATIl"\ENT OF PUBLIC NUISANCE. WHEREAS, pursuant to the San Bernardino Municipal Code, Title 8, Chapter 8.27, the Director of Public Services of the City of San Bernardino has giver. notice of and thereafter abated a public nuisance found to exist on the properties described in Exhibit n A n attached to and hereby incorporated in this resolution: and WHEREAS, pursuant to San Bernardino Municipal Code I the Director of Public Services served notice to all property owners listed in Exhibit "A", of the hearing before the Board of Building corrrnissioners of the City of SaT: 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 Buildins Commissioners heretofore; NOO I THEREFORE, BE IT RESOLVED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOOS: 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 to beabateC by the City of the the costs stated in Exhibit "A". in Exhibit \ 2. These costs should be assessed in the amounts set forth "A": against the respective properties and may be made a personal obligation of the property owner by commencement of court proceedings against the owner. 3. Any person aggrieved by this order may appeal to the Corrrnon Council by filing with the City Clerk a written statement of the order appealed fr~r the specific grounds of appeal and the relief or action sought from the Commer. 1 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 Commissioners of the City of San Bernardino at a 4 5 1989, by the following vote, to wit: regular meeting thereof, held on the 7th day of Jul y 6 7 AYES: Corrrnissioners Miller, Ponder, Gonzales 8 Flores, Lord 9 NAYS: 10 11 12 13 14 15 16 17 18 19 ABSENT : Heil, Westwood, Hunt CLERK, BOARD OF BUILDING COMMISSIONERS The foregoing resolution is hereby approved this day of 7th July , 1989. ~~, ~ING cn1MISSIOOERS 20 Approved as to form and legal content: 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney By: 2 .._.-..,.-~..............~.'""'.:.._ '" -:-1, Z~"'.-ii>.'~~ ;"~,18n'l!'h.!' i~"'~~ "~l}ol.~. "Wj~> "., Exhibit " RESOLUTION NO. 89-309 1 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING COSTS OF ABATEMENT OF PUBLIC NUISANCES AND IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED ~VITHIN 2 THE CITY OF SAN BERNARDINO FOR THE COSTS OF THE ABATEMENT 3 WHEREAS, the City of San Bernardino, pursuant to its authority under 4 Chapter 8.27 of the San Bernardino Municipal Code, did lawfully cause public 5 nuisances to be abated on the properties described in Exhibit "A" attached to 6 and incorporated in this resolution; and 7 WHEREAS, notice was given to the owners of record of said properties, and 8 a hearing has heretofore been held to hear protests and assess the costs of 9 said abatement before the Board of Building Commissioners. 10 Nav, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 11 CITY OF SAN BERNARDINO AS FOLLOWS: 12 SECTION 1 . Said costs are found to have been incurred by the ci ty 13 pursuant to proceedings under the San Bernardino MunicipalCode,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 "A" 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 notice to the 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 this resolution, 26 including Exhibit II A" showing such sums as remain unpaid, with the Recorder 27 and the Audi tor of the County of San Bernardino, State of Cal Hornia , 28 directing that eash sum be entered as a lien charged against the property as 07-12-89 1 23 24 25 26 27 1 it appears on the current assessment rolls, to be collected at the said time 2 and in the same manner, subject to the same penalties and interest up:m 3 de1iquencies, as the general taxes for the City of San Bernardino are 4 collected. 5 I HEREBY CERTIFY that the foregoing resolution wa~ duly adopted by the 6 Mayor and Corrmon Council of the City of San Bernardino at a regular meeting 7 thereof, he1d on the 7th th day of Auqust , 1989, by the following 8 vote, to wit: 9 10 11 12 13 14 15 16 17 18 19 20 21 AYES: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller NAYS: None ABSENT : Council Member Maudsley h#%cf'#~ " City Clerk The foregoing resolution is hereby approved August , 1989 day of By W . HolCOmb, Mayor City of San Bernardino 22 Approved as to form as legal content: :~ '1 ~.9 j~ (', City Attorney J 28 07-12-89 2