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HomeMy WebLinkAbout16- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: Board of Building Commissioners Appeal on 1804 (1870) State Street Dept: Planning and Building Services Appellant: Joan and John Mangiello Date: February 27, 1995 Synopsis of Previous Council Action: This matter was continued from the Agenda on February 6, 1995. The appellant was scheduled for a hearing before the Board of Building Commissioners on February 2, 1995 to provide evidence relative to this appeal. The appellant did not appear at the hearing and has not filed an appeal of the Board's Order No. 2531 issued on that date. Recommended Motion: That the Mayor and Common Council affirm the Board of Building Commissioners Order No. 2531 issued on February 2, 1995 and previous orders issued: Order No. 1570 dated August 16, 1991; Order No. 1763 dated December 4, 1992; Order No. 2160 dated July 23, 1994. The property owner shall obtain a demolition permit to demolish the substandard commercial carport and structures at this location and shall complete all required work within thirty (30) days. Failure to comply will result in the City obtaining an abatement/inspection warrant to enter and remove the structures. All costs incurred will be billed to the property owner and if unpaid, will result in a lien against the property. 'gnature Contact person: Al Boughey. Director Phone: 384-5357 Supporting data attached: Background report and Orders issued Ward: 6 FUNDING REQUIREMENTS: Amount:_.-0- Source:(Acct. No.) 127-412-56102 (Acct. Description) Finance: Council Notes: Agenda Item No. 3-6-9b� BACKGROUND SUMMARY - 1804 (1870) STATE STREET ----------------------------------------------------------------- The following information is provided as an overview of the events at the above described location. This property was annexed into the City of San Bernardino in the late 19701's and rezoned (RS) . The property has a single family residence, a large commercial structure previously used for storage/office space and an oversized carport. Since it's annexation, no permits or approvals have been obtained for the continuance of an existing business or the establishment of a new business. The Planning & Building Services Department first became aware of violations at this location on or about February 2, 1991. At the time of original inspection, the house was found vacant with an unpermitted business using the office space and storing/repairing vehicles underneath the commercial carport. The Business License Division cited the occupant, Mr. Ali Firoz, for operating an ice cream truck storage yard and an auto repair facility without the required business permits and planning approvals. Mr. Firoz claimed he was not operating a business and was using the site for storage of vehicles only. He agreed to cease his operation and signed a business license cancellation form on May 20, 1991. (Exhibit B) The property owner at the time, Eraclio R. Zamarripa, lived in Montebello California. He was issued a notice of violation via certified mail on June 7, 1991 for allowing this illegal use. (Exhibit C) He was ordered to cease all business activity and to demolish the commercial structures. The commercial vehicles were removed, however the property owner failed to obtain the necessary demolition permits. A notice was sent on August 2 , 1991 to all vested owners on title scheduling this matter for hearing before the Board of Building Commissioners on August 16, 1991. (Exhibit D) The property owner appeared at the hearing and agreed to remove the tenants but claimed he did not have the necessary funds to demolish the structures. The Board accepted staffts recommendation and issued order #1570 requiring the owner to cease operation and obtain the necessary vermits to demolish the structure within thirty (30) days. (See Exhibit E) . The property owner removed the tenants and cleared the property of debris, however never obtained permits for the demolition. The Code Compliance Division received a complaint on or about November 1992 that the property was again being used for auto repairs. An inspection found a large auto repair business operating out of the house and both commercial structures. A notice of violation was sent to all property owners on record on November 19, 1992 scheduling this matter for hearing before the Board of Building Commissioners on December 4, 1992. (See Exhibit F) BACKGROUND SUMMARY - 1804 (1870) STATE ST PAGE -2- The property owner, Mr. Zamarripa, appeared at the hearing and stated he was evicting the tenant and again claimed financial hardship. He requested assistance with funding the demolition. Staff recommended he contact the Redevelopment Agency or a conventional lender for funds. The Board accepted staffis recommendation and issued order #1763 which ordered the owner to cease commercial operation, remove vehicles and debris and demolish the commercial structures. (See Exhibit G) Staff worked with Mr. Zamarripa by allowing several extensions to remove the tenants, clear the property and obtain financing for the demolition Mr. Zamarripa obtained demolition permit #92773 on January 14, 1993 but never started the work. Another complaint was received on/about July 15, 1993 regarding health and safety violations at this location. An inspection of the property on July 15, 1993 found multiple housing violations including raw sewage, hazardous electrical, broken windows and doors, excessive accumulation of trash, vehicle parts and vehicle waste products, inoperable vehicles and an unlicensed business. On July 20, 1993, the Fire Department responded to a fire at this location. The house and the debris left on the site suffered extensive fire damage. (Exhibits H & I) The tenants were issued a notice to vacate and moved shortly thereafter. The property owner(s) and all parties on title were mailed a notice of violation regarding the fire debris and trash left on the site. After receiving a notice of violation, the lender of record, Ms. Robinson contacted staff and stated she had taken the property back through foreclosure. She explained that she resides in Tennessee and was making arrangements to correct the violations but needed an extension to complete the demolition. In exchange, she agreed to clean and secure the property until she was able to make repairs or sell the property. The property remained vacant for approximately nine months. On/about March 1, 1994, Ms. Roberson obtained a pre-inspection report to identify the violations and necessary corrective action. She authorized, her tenants, the Mangiello family, to act on her behalf in obtaining any permits required. Since then, most of the repairs have been completed and they have moved in, however as of this date, the rehabilitation permit has not been finaled and no work has commenced on the demolition of the commercial carport. (Exhibit M) On/about June 1994, Ms. Roberson was advised that no permit had been obtained or work commenced on the demolition of the commercial carport as agreed. This case was scheduled for hearing before the Board of Building Commissioners on July 23 , 1994 . (Exhibit R) BACKGROUND SUMMARY - 1804 (1870) STATE STREET PAGE -3- For the third time, the Board heard the evidence presented by staff and the circumstances which had delayed obtaining compliance. Ms. Mangiello appeared before the Board to dispute staff's recommendation and stated she was the owner of record. Staff presented evidence to show the fire damaged house had been rehabed, however no title transfer had been recorded showing Ms. Mangiello's interest in the property. The Board accepted staff's recommendation and issued Order #2160 which required the owner to demolish the commercial structure within thirty days. (Exhibit L) On or about December 9, 1994 a complaint was received from area residents regarding late night repairs in and around the commercial buildings. An inspection found the property was again being used in violation of the SBMC Chapter 19.62 - non conforming structures and uses. A notice of violation was sent to the property owners of record scheduling this matter before the Board of Building Commissioners on February 2, 1995. (Exhibit N) A title check found Ms. Roberson has not transferred title to the Mangiello family and still remains as the legal property owner of record. Ms. Roberson confirmed this at the hearing held February 2, 1995 and advised staff she had a lease agreement with the Mangiello's regarding this property. Ms. Roberson agreed to meet with staff to explore funding options available to complete the demolition. The Mangiello's did not appear at the hearing. The Board accepted staff's recommendation and ordered the property owner to obtain demolition permits within ten (10) days and complete demolition within thirty (30) days. CONCLUDING STATEMENT The goal of the city is to promote the public health, safety and general welfare and to bring structures and uses into conformity with the goals and policies of the general plan. The commercial structures on this site have been deemed illegal for the following reasons: Their use had been discontinued for a period of 6 months or more at the time of original inspection, (2/91) No business has legally established itself in this location since it's annexation in the city The area has been rezoned (RS) and commercial uses are not permitted in this zone The commercial structures are substandard and cannot be rehabilitated or retro-fitted for residential use The commercial structure, if left on the site, will lend itself to on-going commercial use as previously observed. STAFF RECOMMENDATION (1) That the Mayor and Common Council find a nuisance existed at the time of original inspection and continues to exist. (2) That the Mayor and Common Council reaffirms previous orders issued by the Board of Building Commissioners requiring the property owner(s) to remove the non-conforming commercial structures at this location. The owner(s) shall obtain a demolition permit within ten (10) days and shall complete demolition within thirty (30) days. August 16, 1991 - order #1570 December 4, 1992 - order #1763 July 23, 1994- order #2160 (3) Upon the owner(s) of record's failure to comply with the orders previously issued and reaffirmed by the Mayor and Common Council, the Code Compliance Division shall obtain an Inspection/Abatement warrant to abate violations noted. (4) The owner(s) shall incur these direct costs and any additional abatement cost as a lien upon record, and if not paid, shall be recorded with the County Tax Assessor as a special assessment on the property tax rolls. CITY OF DEPARTMENT OF PLANNING 1 BUILDING SERVICES c��n Bernardino CODE COMPLIANCE DIVISION .: � • ,• ;.�j , 19091 384-5205 Nina Roberson LOCATION: 1870 (1804) State St. 3552 MCRenzie Cove SAN BERNARDINO, CA Memphis, TN 38118 ASSESSORS NO: 269-111-17 ORDER NO: 2531 CASE NO: #3910/COMPLAINT: 19485 February 2, 1995 OFFICER: D. NOLFO Pursuant to action of the Board of Building Commissioners taken on February 2, 1995, a nuisance was found to exist at 1870 (1804) STATE ST. 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 t e City Clerk's office at 384-5002. By: Code compliance Officer i cc: 'City Clerk Al Boughey,Director of Planning and Building Services/Debra L Daniel,Code Compliance Supervisor 300 North'D'Street,San Bernardino,CA 92418 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS 2 OF THE CITY OF SAN BERNARDINO AUTHORIZING 3 THE ABATEMENT OF A PUBLIC NUISANCE 4 5 ORDER NO. 2531 CASE NO. 3910 6 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 7 15, Chapter 15.28 , the Building Official has posted a building(s) 8 located at 1870 (1804) State St. , San Bernardino, California, with 9 a "Notice to Abate Nuisance" and has notified the person(s) having 10 an interest in said property that the said building(s) or premises 11 constitute a public nuisance; 12 WHEREAS, the Building Official ordered abatement of said 13 property to protect the health and safety of the community; 14 WHEREAS, pursuant to San Bernardino Municipal Code, the 15 Building Official has served a "Notice of Hearing Before the Board 16 of Building Commissioners of the City of San Bernardino", relating 17 to abatement of said nuisance, to the person(s) having an interest 18 in the above property, and has prepared a declaration of mailing 19 of the notice, a copy of which is on file in these proceedings; 20 and; 21 WHEREAS, a hearing was held to receive and consider all 22 relevant evidence, objections or protests on February 2. 1995, 23 and; 24 WHEREAS, there was an appearance by Nina Roberson, owner, and 25 Eddie Perez, neighbor, having an interest in the above property. 26 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 27 28 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 2531 CASE NO. 3910 2 PAGE 2 3 SECTION 1. Based upon the evidence was submitted, it was 4 found and determined that the building(s) and or premises located 5 at 1870 (1804) State St. , San Bernardino, California constituted a 6 public nuisance. 7 SECTION 2 . The Board of Building Commissioners accepted 8 staff's recommendations to reaffirm its previous orders issued; 9 Order #1570 dated August 16, 1991, Order #1763 dated December 4, 10 1992, and Order #2160 dated July 23, 1994. The property owner(s) 11 are hereby directed to comply with the following requirements. 12 The owner(s) shall remove the illegal commercial structures at 13 this location. The owners) shall obtain a demolition permit 14 within ten (10) days and shall complete demolition within thirty 15 (30) days. The property shall meet all applicable codes adopted 16 by the City of San Bernardino. 17 SECTION 3. It was determined that the City was required to 18 initiate abatement proceedings upon which the City incurred costs 19 in the amount of $_0_. These costs and future related abatement 20 costs shall be the personal obligation of the owner(s) and shall 21 be placed as a lien on the above property. 22 SECTION 4 . Upon the owner(s) of record failure to comply 23 with the order of the Board of Building Commissioners, the Code 24 Compliance Division shall proceed to initiate abatement action by obtaining an Inspection/Abatement warrant to abate violations 2V 26 noted. 27 28 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 2531 CASE NO. 3910 2 PAGE 3 3 SECTION 5. Any person aggrieved by this order, may appeal to 4 the Mayor and Common Council by filing a written statement with 5 the City Clerk. The statement must include the order appeal, the 6 specific grounds of your appeal, and the relief or action sought. 7 This appeal must be received within fifteen (15) days from the S date of this notice dated February 2. 1995. 9 10 Il // 12 13 14 15 16 17 1S // 19 20 21 22 23 24 25 26 27 28 BOARD OF BUILDING CONXISSIONERS ORDER NO. 2531 CASE NO. 3910 I HEREBY CERTIFY that the foregoing order was duly adopted by the Board of Building Commissioners of the City of San Bernardino at a regular meeting thereof, held on the = day of February 1995, by the following vote, to wit: COMKISSIONERS: ABSTAIN ABSENT Alfred Enciso X Carol Thrasher 7� Amado Savala x Larry R. Quiel x "Joe" V. C. Suarez, Jr. X Ruben B. Nunez X Herbert Pollock k Benjamin Gonzales Leo Cash, Jr. Clgrk, Board The foregoing of Buildi g Commissioners order is hereby a pp y roverd this 2nd day of February, 1995. Chairmciri, Board of Buil-ding Commissioners Approved as to form and legal content: James F. Pe n, City At orney a By: r sr - re xf J CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: 1804 (-1870) State Street Appeal of BBC Action Dept: Planning & Building Services Date: January 30, 1995 MCC Date: February 6, 1995 Synopsis of Previous Council Action: None .D91F . ^F !rFj JAN 9!) 8 ,- 31 Recommended Motion: That the Mayor and Common Council grant a continuance of this case to March 6, 1995 to allow sufficient time to include the Board's findings in the background package that is being presented before the BBC on February 2, 1995. Al Boughey i nature Contact person: Al Boughey Phone: (9091 384-520 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: Source:(Account No.): Account Description: Finance: Council Notes: { — Agenda Item No. d a-� -9s City of San Bernardino Department of Planning and Building Services Staff Report 1804 (1870) State Street: Appeal of BBC action Staff respectfully requests continuance of this case being presented for a hearing before the Board of Building Commissioners on Thursday, February 2, 1995. A continuance would allow sufficient time to include the Board's findings in the background package to be presented before the Mayor and Common Council on March 6, 1995.