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HomeMy WebLinkAbout19- Code Compliance CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Linda Lowry, Interim Code Compliance Subject: Appeal of the Board of Building Division Commissioners Order No. 4263 Dept: Code Compliance Division 5395 N. Genevieve MCC Date: November 3, 1997 Date: October 22, 1997 Synopsis of Previous Council action: ORIGINAL N/A OCT 2 2 1991 Recommended motion: That the Mayor and Common Council deny the appeal and uphold the order of the Board of Building Commissioners, as described in Order No. 4263, dated July 14, 1997. nature Linda Lowry, Interim Code Compliance Manager Contact person: Linda Lowry Phone: 384-5205 Supporting data attached: Staff report & attachments Ward: Fourth FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No ) N/A (Acct. Description) Finance: Council Notes: MOTION: That the matter be referred back to the Board of Approved Building Commissioners . ��_���� A / - n',f 11_ , (?o lv��� 9/1 /cf" Agenda Item No. �9 CASE OVERVIEW Subject Property: 5395 N. Genevieve Property Owner: David and Lisa Duncan Current Address: 7310 Tiza Court Riverside, CA 92507 Fees Owed: $495.60 This property is approximately a 2,818 square foot single family residence located in a residential area designated as RS, in the far north part of the city on .26 of an acre. The owners obtained title to the property approximately February 1993. A fire severely damaged the dwelling on September 3, 1996. A complaint was received and later an inspection was made by the Code Compliance Division on November 11, 1996. A Notice to Abate Nuisance was mailed on November 20, 1996 to the owners for a Dangerous Fire Damaged Structure; Unmaintained Landscape; Weeds; Trash, Debris; Abandoned/Inoperable Vehicles; and Structure Requiring Repairs. - On December 20, 1996 a letter was received from David Duncan advising there would be a delay in repairing the dwelling because a settlement with the Insurance Company had not be reached. - On February 12, 1997, a second inspection was made and a notice to rehab or demolish was posted on the property. - On February 20, 1997, another letter was received from the owner stating that as soon as a settlement was received from the insurance company he would begin the rehab or demolition process. - On March 27, 1997, almost 7 months after the fire, a new Notice to Abate Nuisance was mailed certified to the property owner. - On April 5, 1997, Mr. Duncan again sent a letter requesting an extension in time to allow a settlement from the insurance company. - On May 23, 1997 the attorney for the insurance company sent a letter requesting an additional 9 months in order to settle this matter with the property owners in federal court. - On June 20, 1997 almost 10 months after the fire a Notice of Hearing was sent certified mail. - On July 3, 1997, the hearing was held with the attorneys for the owners and the insurance company appearing. Both requested an undetermined amount of time to settle their problems. - The Board ordered the property owners to obtain the required permits in 10 days with 30 days to complete the work of rehab or demolition and incur the cost of $495.60. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF NOVEMBER 3, 1997 BACKGROUND 09-05-96 Complaint received from the Fire Department regarding an open and vacant fire damaged structure. 11-11-96 An inspection was conducted and found the structure to be open and vacant, fire damaged, requiring repairs, unmaintained landscaping, weeds, trash, debris and abandoned/inoperable vehicles. 11-18-96 A notice was faxed to the Electric/Gas Companies to disconnect services at this location. 11-20-96 A Notice to Abate Nuisance was mailed certified to the property owners David and Lisa Duncan at 7310 Tiza Court, Riverside, CA. 12-12-96 Received a letter from property owner acknowledging receipt of the notice and requesting an extension so that a settlement could be reached with the insurance company. 02-12-97 A re-inspection was conducted with no compliance and a Notice to Abate Nuisance and Dangerous Building signs were posted on the property. 02-19-97 Mr. Duncan sent a letter after observing the signs posted on the property. He advised us he would secure the open and vacant structure and clean the exterior of weeds, trash and debris but again requested another extension until a settlement could be reached with the insurance company. 03-27-97 A second Notice to Abate Nuisance was mailed certified to the property owners. A signed return receipt was received. 04-05-97 Received a letter from the property owner stating he had corrected, all exterior violations. 04-14-97 A re-inspection was conducted and found the exterior violations were corrected however, the repairs to the fire damaged structure had not been done. 05-23-97 A letter was received from the attorney for the insurance company requesting a 9 month extension to resolve this problem with the owners in Federal Court. 06-20-97 Mailed a Notice of Hearing to property owner by certified mail with a copy to all interested parties including the insurance company attorneys. A signed return receipt was received from both. 06-20-97 Filed a Notice of Pendency with the County Recorder's Office. 07-03-97 A hearing was held with Melody Mosely, Attorney Representative of Allstate Insurance Company and Valdean Watson, attorney appearing as representative of the property owner. The Board accepted staff's recommendation and directed the owners to obtain the required permits to rehabilitate or demolish the structure within 10 days and maintain the landscaping to include regular irrigation, pruning and cutting of lawn. All required work must be completed within 30 days from the date of the order. The property owner will incur the fees of $495.60. 5395 N. Genevieve Mayor and Common Council Meeting November 3, 1997 Page 2 07-14-97 Board of Building Commissioner's Order#4263 mailed certified to property owner(s) and posted on the property. APPELLANT STATED GROUNDS OF APPEAL The owner states that the order contravenes the only testimony taken at the hearing. The report indicates a unanimous vote by the Commissioners present which is patently false. APPELLANT'S ACTIONS SOUGHT FROM MAYOR AND COMMON COUNCIL Vacate BBC order and award reasonable attorney fees. STAFF RECOMMENDATION That the Mayor and Common Council deny the appeal and uphold the Order of the Board of Building Commissioners as described in Order Number 4263 dated July 14, 1997. KEY POINTS December 1994 - structure was destroyed by a previous fire. July 1995 - insurance company agreed to pay for reconstruction. July 1996 - reconstruction completed. August 1996 - fire under the house damages foundation. September 3, 1996 - fire destroys inside of dwelling. The City cannot accept this condition to exist until the property owners and the insurance company decide who is going to pay for the rehabiliation or demolition. ATTACHMENTS: 1. 10 day Notice 2. Notice of BBC 3. BBC Order Number 4263 4. Letter of Appeal BE:das ATTACHMENT 1 ARp�No SP �.� CdTY OF � o 0 eSan bernardino CODE C 99P 384-520DIVISION O Er ID) IN�e1 NOTICE AND ORDER Date: 3- ,P-7 7 "Dq✓in Ll SA �lAtj � 7 3 Subject Property: APN: Complaint No.: Dear Property Owner: An inspection of the above referenced property was conducted on —�� `7 7 You are hereby notified that the attached list of violations of the San Bernardino Municipal Code (SBMC) exist on this property. The property violations must be corrected within days (i.e. by y—/o' 97 ). Failure to make the necessary corrections will result in the City initiating abatement proceedings to correct the violations. If the City is forced to proceed with abatement proceedings, the owner of record shall incur all City costs associated with the abatement. Such costs may include, but are not necessarily limited to contractor costs, staff and administrative costs, mailing and photographic costs, hearing costs, et cetera. Such costs become the personal obligation of the property owner, and if not paid may result in a lien being placed against the property. In addition, a Notice of Pendency will be recorded with the County Recorder's Office. By acting immediately to correct the above listed violations, these costs may be avoided. If you object to the determination of this notice regarding the listed violations, you may file a written appeal with the City Clerk within 30 days from the date of this notice. Such written appeal should include 1) the specific action appealed, 2) the specific grounds for appeal, and 3) the relief or action sought. Appeals will be heard by the Board of Building Commissioners at a public hearing. Sincerely, ' D Brandol Eads, Code Compliance Officer Phone: (909) 384-5320 Office Hours: Mon-Thur 7:30 to 9:00 AM and 4:30 to 5:30 PM Fridays 7:30 to 9:00 AM and 3:30 to 4:30 PM (We are closed on alternate Fridays) 300 North"D"Strpw San Rernnrriinn CA 9941A i SPECTION REPORT i SUBJECT PROPERTY: J�� �� yi APN: INITIAL INSPECTION DATE: 3 REINSPECTION DATE: A. San Bernardino Municipal Code-Property Maintenance SBMC 15.24.040/050 Al to Al2 _Lack of required landscaping Unmaintained landscaping, lawn drying out, inadequate irrigation _Weeds,dry brush and overgrown vegetation Trash, debris, litter or appliances in yard _Vehicles, trailer, or boat parked on unimproved surface _Inoperable/abandoned vehicles/vehicle parts on property _Worn, peeling or cracking paint on buildings, garage, carport, fences or improvements _Damaged driveways, walkways and other improvements _Remove graffiti _Infestation of termites, insects, vermin or rodents _Improper connection, discharge, leakage of sewage disposal system _Pools not securely fenced or maintained B. Uniform Housing Code-Substandard Buildings SBMC 15.04.020, UHC 1001.1 to 1001.14 _Lack of or improper water closet, lavatory, bathtub, shower or kitchen sink _Lack of hot or cold running water to plumbing fixtures _Lack of adequate heating facilities _Lack of or improper operation of ventilating equipment _Lack of minimum amounts of natural light and ventilation _Lack of required electrical lighting or outlets _Room and space dimension less than required by code _Dampness inhabitable room _General Dilapidation _Lack of or inadequate garbage storage facilities _Faulty weather protection —Hazardous-unsanitary premises _Inadequate or unsafe exits facilities _Substandard plumbing _Substandard mechanical equipment Substandard electrical Dangerous Building SBMC 15.28.010, UCADB Section 302 rl ,►-rQ _Other _See attached page *Note: Items marked with an * require a building permit. ATTACHMENT 2 O�RNARD�ti O CITY OF (San Bernardino CODE COMPLIANCE DIVISION (909) 3845205 GNnED iN �0 NOTICE OF HEARING June 20, 1997 David & Lisa Duncan RE: 5395 Geneveive 7310 Tizna SAN BERNARDINO, CA Riveside, CA 92506 APN #{ 154-061-54 COMPLAINT: -- OFFICER: B. Eads Dear Owner(s): THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. A hearing on this matter had been scheduled for THURSDAY, JULY 3, 1997, at 9:00 A.M. before the Board of Building Commissioners, at 300 NORTH "D" STREET, CITY COUNCIL CHAMBERS, SAN BERNARDINO CA 92418. Evidence will be presented by staff at this hearing pertinent to the abatement proceedings and direct costs incurred. You have a right to present evidence at this hearing challenging the abatement. On MARCH 27, 1997, the property owner of record was notified via certified mail that the above referenced property is in violation of the San Bernardino Municipal Code 15.04.020, 15.24.040/050. At that time it was requested that the property owner perform certain corrective t ° measures in order to comply with the City of San Bernardino Property Maintenance Standards. On APRIL 14, 1997, a subsequent inspection revealed that the required corrections were not completed. As a result of your failure to comply with our first notice mailed cost have been incurred. A list of the current uncorrected violations are below. You can avoid incurring further costs by meeting the following requirements. VIOLATION (S) AND CORRECTIVE ACTION REOUIRED• VACANT UNSECURED STRUCTURE (SBMC 15.28.010) TO PREVENT VANDALISM AND UNAUTHORIZED ENTRY, VACANT STRUCTURES MUST BE SECURED TO FHA BOARD-UP STANDARDS. UCADB SEC.302 DANGEROUS BUILDING NOTICE OF HEARING June 20, 1997 Page 2 UBC 301.(a)-UNPERNIITTED SECOND UNIT ADDED TO GARAGE A2 UNMAINTAINED LANDSCAPING TREES, SHRUBS, LAWNS AND OTHER PLANTINGS SHALL BE MAINTAINED, INCLUDING REGULAR IRRIGATION, PRUNING AND CUTTING OF LAWN. A3 WEEDS, DRY BRUSH AND OVERGROWN VEGETATION PROPERTY SHALL BE FREE OF DEAD OR OVERGROWN VEGETATION, INCLUDING WEEDS, TREES OR LIMBS WHICH ATTAIN EXTENSIVE GROWTH AND BECOMES A FIRE MENACE WHEN DRY. PLEASE REMOVE OR TRIM ACCORDINGLY. A4 TRASH, DEBRIS AND LITTER PROPERTY SHALL BE FREE OF ANY ITEM CAUSING AN UNSIGHTLY APPEARANCE. PLEASE REMOVE TRASH, LITTER, DEBRIS OR OTHER ITEM CAUSING AN UNSIGHTLY APPEARANCE. The building and or property has been posted: Yes Pre-permit inspection required: No If a pre-permit inspection is required, this is due to the substandard condition and numerous violations observed at the time of inspection(s). You are required to obtain a pre-permit report from the Code Compliance Division located at 300 North "D" Street, Basement, San Bernardino, CA 92418. This report provides a detailed list of structural and property maintenance violations which may require rehabilitation permits. Based upon your failure to correct the violation, a Notice of Pendency of Administrative Proceeding is being filed with the County Recorder to give public notice of action taken by the City of San Bernardino. A processing fee is automatically assessed at the time of recordation. This structure and/or use may be nonconforming. If the use of a nonconforming structure or a nonconforming use is discontinued for a period of twelve (12) or more consecutive calendar months, the structure or use shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of the City's Development Code pursuant to Sections 19.62.020 and 19.62.030. NOTICE OF HEARING June 20, 1997 Page 3 The direct costs of the abatement proceedings incurred by the City are attached for your review. If the abatement action and costs are upheld by the Board of Building Commissioners, the City shall place an assessment lien on the above property for all costs incurred. That amount must be paid to the City Clerk's Office at 300 North "D" Street, Second Floor, San Bernardino, CA. 92418, within 15 days from the date of the Board of Building Commissioner's hearing. Upon the owner(s) of record failure to comply with the order of the Board of Building Commissioners, within the time specified, the Code Compliance Division shall proceed to initiate abatement action by obtaining an Inspection/Abatement warrant to abate violations noted. If you disagree with the findings of the Board of Building Commissioners, you may appeal your case before the Mayor and Common Council. Your appeal must be in writing and is to be submitted to the City Clerk's Office within fifteen (15) days of your hearing date. A fee of $75.00 must accompany your request. NOTICE OF HEARING June 20, 1997 Page 4 Your written appeal must include: (1) Property location (2) Specific grounds for appeal (3) Relief or action sought from the Mayor & Common Council If you have any questions, please contact Brandol Eads in the Code Compliance Division at (909) 384-5320. CODE COMPLIANCE DIVISION By: c� Code Compliance Officer BB:tm Attn: STATEMENT OF COSTS CC: City Clerk's Office Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone, A Professional Corporation 2 Park Plaza, Suite #650, Irvine, CA 92614-8516 STATEMENT OF COSTS Location: 5395 Genvieve Date: June 18, 1997 Parcel Number: 154-061-54 SAN BERNARDINO, CA The undersigned respectfully submits the following statement of costs incurred by the City of San Bernardino as a result of abatement proceedings recently completed at the above referenced property. DIRECT COSTS Code Compliance Officer: $23.00 Hr X 3 $ 69.00 Clerical Staff Costs: $15.00 Hr X 2 $ 30.00 Supervisor Costs $28.00 Hr X 2 $ 56.00 City Clerk Costs $ 30.00 Attorney Costs $ 40.00 Vehicle Mileage (REPEAT TRIPS) .50 per mile X 20 $ 10.00 Photographs $2.00 each X 9 $ 18.00 Photographs (35mm) $1.00 each X 30 $ 30.00 Title Search $ 25.00 Certified Mailing $2.52 each X 5 $ 12.60 Notice of Pendency $ 125.00 Hearing Costs $ 50.00 SUBTOTAL $ 495.60 CONTRACTOR COSTS Contractor: $ 40% Administrative Costs $ Subtotal $ Previous costs incurred: Contact City Clerk for $ -- --- previous fees incurred Abatement Date: Total Amount Due $ 495.60 All costs not immediately paid will be recorded with the County Tax Assessors Office as a lien upon the property, at which time additional processing fees plus interest will be a ssessed. If you have any questions or need clarification of this statement of costs, please contact the Officer at (909) 384-52W with the case number and property address. By: Code Compliance Compliance Officer ATTACHMENT 3 t O�RNARO�N O CITY OF ? (San 5ernardino CODE COMPLIANCE DIVISION a (909) 3845205 G�nFD IS �0 David & Lisa Duncan RE: 5395 Genevieve 7310 Tizna ASSESSORS NO: 154-061-54 Riverside, Ca 92506 COMPLAINT: C9703004 ORDER NO: 4263 OFFICER: B. Eads July 14, 1997 Pursuant to action of the Board of Building Commissioners taken on July 3, 1997, a nuisance was found to exist at 5395 Genevieve. Attached hereto, is a copy of the Board of Building Commissioner' s Order, which states the findings of the Board and any action necessary to abate the public nuisance (s) . As owner (s) and all vested parties of record you were notified in your previous Notice of Hearing that the Board' s findings may be appealed to the Mayor and Common Council within fifteen (15) days of the date of this notice. This appeal must be filed with the City Clerk' s office, 300 North "D" Street, 2nd Floor, San Bernardino, CA 92418 . A fee of $75 . 00 must accompany your request . The written appeal should include : (a) Property location, parcel number and report/project number; (b) Specific grounds for appeal; and (c) The relief or action sought from the Mayor and Common Council . If you have any questions regarding this appeal process, please contact the City Clerk' s office at 384-5002 . By: Brandol Eads Code Compliance Officer cc : City Clerk Property Owner-First Class Mail Berger, Kahn, Shafton, Moss, Simon & Gladstone A Professional Corporation, 2 Park Plaza, Suite #650 Irvine, Ca 92614-8516 i 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS 2 OF THE CITY OF SAN BERNARDINO 3 ORDER NO. 4263 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15, Chapter 15 . 24, the Supervising Building Official has posted a 6 building (s) located at 5395 Genevieve Street, San Bernardino, 7 California, with a "Notice to Abate Nuisance" and has notified the 8 person(s) having an interest in said property that the said 9 building(s) or premises constitute a public nuisance; 10 WHEREAS, pursuant to San Bernardino Municipal Code, the 11 Supervising Building official has served a "Notice of Hearing 12 Before the Board of Building Commissioners of the City of San 13 Bernardino" , relating to abatement proceeding, to all person(s) 14 having an interest in the above property, and has prepared a 15 declaration of mailing of the notice, a copy of which is on file 16 in these proceedings; and; 17 WHEREAS, a hearing was held to receive and consider all 18 relevant evidence, objections or protests on July 3, 1997, and; 19 WHEREAS, there was an appearance made by Melody Mosely, 20 Attorney Representative, of Allstate Insurance Company, and 21 Valdean Watson, Attorney, having an interest in the above 22 property. 23 24 25 26 27 28 /// 1 BOARD OF BUILDING COMMISSIONERS 2 ORDER NO. 4263 PAGE 2 3 4 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 5 SECTION 1. Based upon the evidence submitted, it was found 6 and determined that the buildings) and or premises located at 7 5395 Genevieve, San Bernardino, California constituted a public 8 nuisance . 9 SECTION 2 . The Board of Building Commissioners accepted 10 staff' s recommendations. The property owner(s) are hereby 11 directed to comply with the following requirements . Within ten 12 (10) days from the date of this order, the owner (s) of record 13 shall maintain existing landscaping to include regular irrigation, 14 pruning and cutting of lawn. To prevent unauthorized entry, the 15 owner(s) shall secure and continuously maintain structure to FHA 16 Board-up standards . The owners) shall obtain required permits to 17 rehabilitate or demolish the abandoned unmaintained structure . All 18 required work must be completed within thirty (30) days from the 19 date of this order. All work completed, must be inspected and 20 approved by the Inspection Services Division. If the owner (s) fail 21 to comply with the Board' s order within the time specified, the 22 City may initiate action to abate the nuisance . The property 23 shall meet all applicable codes adopted by the City of San 24 Bernardino. 25 26 27 28 /// 1 BOARD OF BUILDING COMMISSIONERS 2 ORDER NO. 4263 PAGE 3 3 4 SECTION 3 . Upon the owners) of record failure to comply with 5 the order of the Board of Building Commissioners, the Code 6 Compliance Division shall obtain an Inspection/Abatement warrant 7 to abate violations noted. If the owner(s) fail to comply with the 8 Board' s order within the time specified, the City may initiate 9 action including demolition, removal of any unauthorized 10 construction and abate the nuisance. 11 SECTION 4 . It was determined that the City was required to 12 initiate abatement proceedings and incurred costs in the amount of 13 $495 .60 . These costs and any future additional abatements shall 14 be the personal obligation of the owner and if unpaid shall be 15 recorded as a special assessment on the county tax record. 16 SECTION 5 . Upon receipt of an application from the person 17 required to conform to the order and by agreement of such person 18 to comply with the order if allowed additional time, the 19 Supervising Building Official may grant an extension of time, not 20 to exceed an additional 120 days, within which to complete said 21 repair, rehabilitation or demolition, if the Supervising Building 22 Official determines that such an extension of time will not create 23 or perpetuate a situation imminently dangerous to life or 24 property. The Supervising Building Official' s authority to extend 25 time is limited to the physical repair, rehabilitation or 26 demolition of the premises and will not in any way affect or 27 extend the time to appeal the notice and order. 28 /// 1 BOARD OF BUILDING COMMISSIONERS 2 ORDER NO. 4263 PAGE 4 3 4 SECTION 6 . Any person aggrieved by this order, may appeal to 5 the Mayor and Common Council by filing a written statement with 6 the City Clerk. The statement must include the order number 7 appealed, the specific grounds of your appeal, and the relief or 8 action sought . The written appeal must be received within fifteen 9 (15) days from the date of this notice dated July 14, 1997. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f • F F 1 BOARD OF BUILDING COMMISSIONERS 2 ORDER NO. 4263 3 I HEREBY CERTIFY that the foregoing order was duly 4 adopted by the Board of Building Commissioners of the City of 5 San. Bernardino at a regular meeting thereof, held on the 3rd 6 day of July 1997, by the following vote, to wit : 7 COMMISSI0NERS: AYE NAY ABSTAIN ABSENT s X Alfred Enciso 9 Carol Thrasher 10 X "Chuy" Contreras 11 Larry R. Quiel 12 "Joe" V. C. Suarez, Jr. 13 Ruben B. Nunez 14 Herbert Pollock X 15 Benjamin Gonzales 7C 16 Leo Cash, Jr. 17 18 19 4cl- A,- oard of Bui ding Commissioners 20 The foregoing order is hereby approved this 3rd day of July, 21 1997 . 22 — 23 C irm oar of Mtr din Commissioners 24 Approved as to form and legal content : 25 James F. Penman, City Attorney 26 27 By 28 ATTACHMENT 4 COPY ----- FOR OFFICE USE ONLY Departments.. Receiv_ing. Date/Time Stamp: Copies: RECEIVED--CITY CLEFY Original to: 4! 0 '9�7 ,J. 28 %n :43 Payment ormation: Date of Distribution: Last Updated: 3/26/96 Fn - Account 001-000-4303 CM OF SAN BERNARDINO = NOTICE 'OF APPEAL IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council appeals must be filed in the City Clerk's Office accompanied by the appropriate fee. Complete All Information Appellant Name & Address: .� �V�.D � kLr-&, -b C"CA"i -1 31b ( c 20 A CA— Contact Person V AL— 1 , , Q & Address: W Contact Person Phone 8 8� _2_x.8 Number: Day: Evening: Affected Property - Address & APN S �- Type of A22eal - Check One: Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies: (*Adjusted Annually) Planning Commission ($122.00 *) _Board of Building Commissioners.(N Charge) t'Building Abatement ($75.00) Police Commission (No Charge) Weed Abatement ($75.00) Access Appeals Board (No Charge) Vehicle Ab ement. ($75.00) Other/Explain: (Na CharQel •'- ; . - (continue dext page`}` ,. 696681 CASH RECEIPT ^ No. '�9 L- ACCOUNT NO. AMOUNT Date (� Received From _ \� The Sum of Dollars y� Cents For 47/28/97 2:37 40 PM Batch: 16146 ns at _ cu Trans. Code: F Asount: 75.00 Stub Department TOTAL By DISTRIBUTION: whits—Customer;Canary—Cashier;Pink—Deoartment;Goldenrod—Dept.Numeric Control T= iAw OFFICES OF valieaa Watson 10481 sundl.ss.n,c..fs a..c..., cadmalm .sas" . s�..r.u.srsasaeise `r.w.na Watson July 24, 1997 2:43 f rom the Order of the Board of Building Commissioners of the City of San Bernardino, California taken on July 3, 1997 RE: 5395 Genevieve ASSESSORS NO: 154-061-54 COMPLAINT: C9703004 ORDER NO: 4263 i David and Lisa Duncan do now appeal the above order by and through their attorney Valdean Watson. The instant order is not well taken either in fact or in law and should be voided for the following reasons: The order contravenes the only testimony taken at the hearing. The report indicates a unanimous vote by those Board Commissioners present, which is patently false. The Order states owners are to maintain existing landscaping, which is presently done. It states the lawn should be pruned and cut. It is . It states that it should have irrigation. In the Board' s file there is a safety directive from the city to cut off the water. The city can not cut off the water and order irrigation. It states permits must be obtained to rehabilitate or demolish the unmaintained structure. It is not unmaintained. It is vacant. It is boarded up. It is the product of arson and thus far the insurance carrier has refused to acknowledge coverage. It is the subject of a present case in Federal Court. FURTHER, the Board erred in denying appellants due process and equal protection rights with insufficient notice of this demand of demolition. It was not in the notice. It was introduced by interruption during my testimony. The structure is secured. It is groomed better than adjacent properties. In light of the failure to substantiate staff's findings the property is not a nuisance and appellants request that the Board Order be vacated and reasonable attorney fees awarded.