HomeMy WebLinkAbout16- Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Pat Malloy, Director Subject: Appeal of Board of Building Commissioners
decision - abatement of weeds on property
Dept: Public Services located on the 2600 block W. Rialto Avenue
Assessor's parcel_ nos. 0142 062 06 and
Date: January 3, 1995 0142 062 08
synopsis of Previous Council action;
11/21/94 -- Matter was continued to 1/09/95 and staff was directed to examine the matter
and return with a recommendation to Mayor and Council .
07/07/94 -- Adopted Order No. 2205
1ecommended motion:
That the matter of the appeal of Mr. Fair relative to the assessment made by the Board
of Building Commissioners with regard to the abatement of weeds from property located on
the 2600 block W. Rialto Avenue (parcel nos. 0142 062 06, 0142 062 08) be continued to
January 23, 1995.
nature
I .-ontact person: Pat Malloy Phone: 5140
supporting data attached: None Ward: 3
=UNDING REQUIREMENTS: Amount: none
Source: (Acct. No.) n/a
(Acct. Description) n/a
Finance: n/a
:ouncil Notes:
s-ozez Agenda Item No.
CITY OF SAN BERN ' IDINO - REQUEST F - g COUNCIL ACTION
From: Pat Malloy, Director of Public Services Subject: Appeal of Board of Building Commissioners
decision — abatement of weeds on property
Dc Public Services located on the 2600 Block W. Rialto Avenue
Assessor's parcel nos. 0142 062 06 and
Date: November 3, 1994 0142 062 08
Synopsis of Previous Council action:
7/7/94 — Adopted Order No. 2205
i [%13V g[ 10: 09
Recommended motion:
That the appeal of Mr. Fair relative to the assessment made by the Board of
Building Commissioners with regard to the abatement of weeds from property
located on the 2600 Block W. Rialto Avenue (parcel nos. 0142 062 06, 0142 062 08)
be denied and decision by the Board of Building Comissioners be upheld.
Signature
3ontact person: Pat Malloy Phone: 384-5140 Supporting data attached: Staff Report Ward: 3
FUNDING REQUIREMENTS: Amount: none
Source: (Acct No.)
(Acct Description)
Finance:
;r ' Notes:
�b
•5-0262 Agenda Item No.
CITY OF SAN BERN-.RDINO — REQUEST F%oR COUNCIL ACTION
STAFF REPORT
On July 14, 1994, Mr. Luther Fair submitted a Weed Abatement Appeal to Mayor and Council.
Mr. Fair is appealing weed abatement work performed by a City contractor in March of 1994.
The following is a summary of the Weed Abatement process followed by Public Services staff.
On February 18, 1994, a "Notice to Clean Premises" was mailed to Mr. Luther T. Fair, 2505
Foothill Blvd., San Bernardino, CA 92410, regarding Parcel Nos. 0142 062 06 and 0142 062
08, located on the 2600 block of West Rialto Avenue in San Bernardino. This Notice was given
in accordance to Section 8.27.040 of the San Bernardino Municipal Code. Mr. Fair, through
this Notice, was notified that he must abate his property of Weeds and Grass; tumbleweeds; and
all debris and combustible materials within 10 days of this notice; otherwise it will be removed
and abated by the City of San Bernardino and that the property owner will be assessed the cost
of such removal. Mr. Fair was advised that he had until March 11, 1994 to abate his parcels.
A copy of the Notice To Clean Premises and Notice of Regrowth is attached for Council's
information.
These parcels were inspected for compliance on March 16, 1994. The property owner failed
to comply with the Notice to Clean Premises. It was determined by the Department that the
parcels required discing and hand cleaning of weeds on this property, including parkways and
perimeters.
A work order to abate the weeds from these parcels was issued to the City contractor on March
22, 1994. On March 24 and 31, 1994, discing and hand work were completed. At the time this
work was completed, photographs were taken of the property prior to and immediately following
each abatement process.
The following costs were recommended to comprise the tax lien on the parcels abated until paid:
PARCELS DISCING HAND ADMIN TOTAL
WORK FEES
0142 062 06 $98.00 $140.00 $75.00 $313.00
0142 062 08 $55.65 $140.00 $75.00 $270.65
Based on this information, by a majority vote, the Board of Building Commissioner's upheld the
contractor's charges and waived the $150.00 administrative fees. The Board also ordered that
a lien be placed on the property if the assessment was not paid.
-0264
CITY OF SAN BERNARDINO DEPARTMENT OF P -IC SERVICES
ABATEMENT SECTION
300 North "D" Street
San Bernardino , CA 92418
( 909) 384-5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
FAIR , LUTHER T RE: PARCEL 0142 062 06
2505 FOOTHILL BLVD PROPERTY DESCRIPTION W 1/2 SE 1/4 SW 1
SAN BERNARDINO CA 92410 /4 NW 1/4 SEC 7 TP 1S R 4W E
X E 132 FT AND EX PE R/W AND
y virtue of the weed abatement rules and regulations of the City of San Bernardino, San Bernardino Municipal Code Chapter
.27, you are hereby notified to remove from your property, which is described above, any and all of the items described
elow which constitute or may constitute a public nuisance so that the removal thereof is necessary to protect the health
nd safety of the inhabitants of said City:
All Debris and
Weeds and Grass ® Tumbleweeds ® Combustible Materials ❑ Other (See below)
otice is hereby given pursuant to Section 8.27.040 of the San Bernardino Municipal Code that the Public Services Director
f the City of San Bernardino has determined that a nuisance exists on or abutting the property described in this Notice
r on the parkway thereof. The nuisance consists of one or more of the following: weeds, sagebrush, chaparral, brush, dry
egetation or vegetation which attains such extensive growth as to become a fire menace when dry, poison oak or ivy or
then plants which are noxious or dangerous, dry grass, stubble, brush, deadwood, dead or diseased trees, dead or dry palm
ronds, fences in disrepair or broken, litter, flammable material which creates a fire hazard, containers, abandoned
sphalt or concrete, rubble or waste materials. You must abate or remove this nuisance within ten (10) days of this
otice; otherwise it will be removed and abated by the City of San Bernardino, in which case the cost for such removal
ill be assessed upon the property from which, or abutting the property from which, said nuisance is removed, and such
osts will constitute a tax lien on such lots or land until paid.
ny person objecting to this determination of a nuisance or to the proposed removal and abatement of said nuisance, may
ile a written protest with the City Clerk not later than ten (10) days from the date of this Notice. The City Clerk
�ia] insmit such protests promptly to the Board of Building Commissioners of San Bernardino.
3tice is further given that said protest shall be heard before the Board of Building Commissioners in the Council Chambers
t City Hall, 300 North -D•' Street, San Bernardino, California, on the first Friday of the next month after the date of
his notice at 9:00 in the morning. If a timely protest has been filed, you or your agent may appear at said hearing and
e heard and may present and hear evidence concerning the proposed abatement.
he Public Services Director has also determined that the property described in this Notice supportsthe growth of weeds,
ead or dry palm fronds and dry grass which are seasonal and recurrent nuisances that must also be removed and abated
ereafter from time to time. Notice of regrowth of this nuisance during this calendar year will be given without
urther hearing. Failure to abate such recurringconditions will result in the City abating such nuisance, in which case
he cost of such removal shall constitute a tax lien upon the property described in this Notice until paid. The
fficient and economical control of such seasonal and recurrent nuisances may require preventative chemical control
f such weeds, weed seeds, and weed seedlings, and the City may require preventative chemical control of such nuisances.
If checked here, then the following Notice of Regrowth applies instead:
"Notice to Clean Premises", as stated above, was previously mailed to you, declaring a nuisance on the above property.
nat Notice, which required removal or abatement of such nuisance, also declared that substantial regrowth must be abated.
ne above property was recently inspected, and the removal of any or all of the following items is required at this time:
IWeeds and Grass ❑ Tumbleweeds ❑ Other
ou are hereby urged to perform the abatement work indicated within ten (10) days from the date of this Notice. If the
roperty is not cleaned and the nuisance abated within this time, the City will have the work done to abate the nuisance
id will assess the costs thereof as a tax lien against the property. No hearings are conducted on Notices of Regrowth.
AB! IT COORDINATOR ABATEMENT MUST BE COMPLETED
0:, NT OF PUBLIC SERVICES WITHIN TEN DAYS OF THE DATE BELOW:
(90. .84-5045
DATE: 03-01-94
CITY OF SAN BERNARDINO DEPARTMENT OF P, IC SERVICES
ABATEMENT SECTION
300 North "D" Street
San Bernardino , CA 92418
( 909) 384-5045
NOTICE TO CLEAN PREMISES
And NOTICE OF REGROWTH
FAIR , LUTHER T RE: PARCEL 0142 062 08
2505 FOOTHILL BLVD PROPERTY DESCRIPTION COM AT INTERSECTI
SAN BERNARDINO CA 92410 ON E LI SW 1/4 SW 1/4 NW 1/4
SEC 7 TP 1S R 4W AND S LI P
virtue of the weed abatement rules and regulations of the City of San Bernardino, San Bernardino Municipal Code Chapter
.27, you are hereby notified to remove from your property, which is described above, any and all of the items described
?low which constitute or may constitute a public nuisance so that the removal thereof is necessary to protect the health
id safety of the inhabitants of said City:
All Debris and
Weeds and Grass ® Tumbleweeds ® Combustible Materials ❑ Other (See below)
)tics is hereby given pursuant to Section 8.27.040 of the San Bernardino Municipal Code that the Public Services Director
the City of San Bernardino has determined that a nuisance exists on or abutting the property described in this Notice
on the parkway thereof. The nuisance consists of one or more of the following: weeds, sagebrush, chaparral, brush, dry
,getation or vegetation which attains such extensive growth as to become a fire menace when dry, poison oak or ivy or
:her plants which are noxious or dangerous, dry grass, stubble, brush, deadwood, dead or diseased trees, dead or dry palm
-ands, fences in disrepair or broken, litter, flammable material which creates a fire hazard, containers, abandoned
:phalt or concrete, rubble or waste materials. You must abate or remove this nuisance within ten (10) days of this
Mice; otherwise it will be removed and abated by the City of San Bernardino, in which case the cost for such removal
ill be assessed upon the property from which, or abutting the property from which, said nuisance is removed, and such
)sts will constitute a tax lien on such lots or land until paid.
,y person objecting to this determination of a nuisance or to the proposed removal and abatement of said nuisance, may
.le a •••mitten protest with the City Clerk not later than ten (10) days from the date of this Notice. The City Clerk
ial' ismit such protests promptly to the Board of Building Commissioners of San Bernardino.
Mice is further given that said protest shall be heard before the Board of Building Commissioners in the Council Chambers
City Hall, 300 North "D" Street, San Bernardino, California, on the first Friday of the next month after the date of
its notice at 9:00 in the morning. If a timely protest has been filed, you or your agent may appear at said hearing and
heard and may present and hear evidence concerning the proposed abatement.
is Public Services Director has also determined that the property described in this Notice supportsthe growth of weeds,
,ad or dry palm fronds and dry grass which are seasonal and recurrent nuisances that must also be removed and abated
oreafter from time to time. Notice of regrowth of this nuisance during this calendar year will be given without
irther hearing. Failure to abate such recurringconditions will result in the City abating such nuisance, in which case
ve cost of such removal shall constitute a tax lien upon the property described in this Notice until paid. The
ficient and economical control of such seasonal and recurrent nuisances may require preventative chemical control
such weeds, weed seeds, and weed seedlings, and the City may require preventative chemical control of such nuisances.
If checked here, then the following Notice of Regrowth applies instead:
"Notice to Clean Premises", as stated above, was previously mailed to you, declaring a nuisance on the above property.
,at Notice, which required removal or abatement of such nuisance, also declared that substantial regrowth must be abated.
e above property was recently inspected, and the removal of any or all of the following items is required at this time:
Weeds and Grass ❑ Tumbleweeds ❑ Other
u are hereby urged to perform the abatement work indicated within ten (10) days from the date of this Notice. If the
operty is not cleaned and the nuisance abated within this time, the City will have the work done to abate the nuisance
d will assess the costs thereof as a tax lien against the property. No hearings are conducted on Notices of Regrowth.
BA" T COORDINATOR ABATEMENT MUST BE COMPLETED
1EP. IT OF PUBLIC SERVICES WITHIN TEN DAYS OF THE DATE BELOW:
909. ,s4-5045
DATE: 03-01-94
INVOICE
FROM
CITY OF SAN BERNARDINO W2865
FINANCE DEPARTMENT
300 NORTH"D"STREET•SAN BERNARDINO,CALIFORNIA 92418
'r DATE
iR ' ACCOUNT
u NIV& DISTRIBUTION 001000.41815
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F 1rAB0tiElUlpollN1'. ANO ADMINiSTIiATIVE CIARGES ,;
° FOR HE CONTROL OF GRASS, WEEDS, ANb1dR
< - 1M S w
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z: COMBUSTIBLE KAATERIALAN COMPLIANCE WITH WEED , *y x ��4 �r Y , I`..
ABATt4 NT MUNICIPAL-CODE 8.27 FOR PARCEL NO "3U.W
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RECEIVED
MAY 16 1994
PUBLIC SERVICES San Bennandino, Ca.
Aay 12, / 994
DLAecton o� %ub.Lic SeAvLcea
300 N- "D" Stneet
San Bennandino, Ca.
Y?e�. Invoice # 22865
Genf.Lemen:
Aa ownen o� pnopenfy on 2ia.(to Ave. ( pance.( # 0142-062-06
and # 0142-062-08 J .
7 wiah to pnoteat fhe exceaaive weed abatement and hand wonh
changea againat aaid pnopenty .
Z heneby, nequaAt a hearing begone fhe boand of BuLldinO
CommLaai.onena at San BennandLno CLtcy //all 6une 6, /994 •
Zeapect Lvely young
Luthen fain
2505 W. foofhi.C.L Blvd. Sp . #/0/
San Bernardino, Ca. 92410
CIT , ; ERNARDINO 300 NORTH"D"STREET, SAN BERNARDINO, CALIFORNIA 92418
July 8, 1994
Mr. Luther T. Fair
2505 Foothill Blvd.
San Bernardino, CA 92410
Re: Parcel Nos. 0142 062 06, 0142 062 08
Weed Abatement Protest
Dear Mr. Fair:
Your protest of weed abatement charges for the above parcels billed
on Invoice W22865 was presented to the Board of Building Commission
at their July 7, 1994 meeting.
Your protest was denied, but an adjustment of $150. 00 was given.
You will have fifteen (15) days, or until August 2, 1994 to appeal
to the Mayor and Common Council by filing with the City Clerk a
written statement of the order appealed from, the specific ground
of appeal and the relief or action sought from the Common Council
pursuant to the San Bernardino Municipal Code.
l
Pat Malloy
Director of Public Services
PRIDE
IN PROGR&S
ORDER NO. 220
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY
OF SAN BERNARDINO ASSESSING COSTS OF ABATEMENT OF PUBLIC NUISANCE
2
3 WHEREAS, pursuant to San Bernardino Municipal Code, Title
4 8, Chapter 8 . 27 , the Director of Public Services of the City of San
5 Bernardino has given notice of and thereafter abated a public
6 nuisance found to exist on the properties described in Exhibit "A"
7 attached to and hereby incorporated in this order; and
8 WHEREAS, pursuant to San Bernardino Municipal Code, the
9 Director of Public Services served notice to all property owners
10 listed in Exhibit "A" , of the hearing before the Board of Building
11 Commissioners of the City of San Bernardino relating to abatement
12 costs to be assessed the owners and their right to appear at said
13 hearing and protest the assessments; and
14 WHEREAS, every property owner against whom an assessment
15 has been proposed has been afforded an opportunity to be heard by
16 the Board of Building Commissioners heretofore;
17 NOW, THEREFORE, THE BOARD OF E'UILDING COMMISSIONERS OF THE
18 CITY OF SAN BERNARDINO ORDERS THE FOLLOWING:
19 1 . Based upon the evidence submitted by the Director of
20 Public Services or his representative, it is found and determined
21 that the properties described in Exhibit "A" , constituted a public
22 nuisance which had to be abated by the City at the costs stated in
23 Exhibit "A" .
24 2 . These costs should be assessed in the amounts set
25 forth in Exhibit "A" against the respective properties and may be
26
27
C7/07/94 -1-
28
1 made a personal obligation of the property owner by commencement o
2 court proceedings against the owner.
3 3 . Any person aggrieved by this order may appeal to the
4 Common Council by filing with the City Clerk a written statement of
5 the order appealed from, the specific ground of appeal and the
6 relief or action sought from the Common Council pursuant to the Sa
7 Bernardino Municipal Code.
8 I HEREBY CERTIFY THAT THE FOREGOING ORDER WAS DULY ADOPTS
9 BY THE Board of Building Commissioners of the City of San Bernardin
10 at a regular meeting thereof, held on the 7th day of July ,
F
11 1994 , by the following vote, to wit:
12 AYES: Commissioners Enciso, Thraser, Suarez,
13 Pollock, Gonzales, Cash
14 NAYS:
• Flores, Savala, Hendrix
15 ABSENT
16
17 LERK, BOARD OF BUILDING COMMISSIONERS
18 The foregoing order is hereby approved this 7th day,
19 July , 1994 .
20
21
HAIRMAN, BOARD OF BUILDING COMMISSIONERS
23 Approved as to form
and legal content:
24
JAMES F. PENMAN,
25 City Attorney
26
By:
27 07/07/94
-2-
28
WEED ABATEMENT ASSESSMENT
EXHIBIT "A"
X142 062 06 Fair, Luther T. W22865 257 . 50
2505 Foothill Blvd.
San Bernardino, CA 92410
0142 062 08 Fair, Luther T. W22865 215. 15
CANCEL W22897
0144 081 33 Campos, Joe P. W22900 129.50
163 Julia
San Bernardino, CA 92408
0144 123 46 Lacy, Otis W22901 229. 50
615 E. Foothill Blvd.
San Dimas, CA 91773
0144 161 22 SSLM Ventures, Inc. W22905 199. 50
100 W. Broadway Street
Long Beach, CA 90802
0280 181 04 Valley View Investment Assoc. W22907 669 . 20
16529 Otsego Street
Encino, CA 91436
0280 181 23 Valley View Investment Assoc. W22907 639 . 10
780 181 28 Valley View Investment Assoc. W22907 129. 50
0280 181 34 Valley View Investment Assoc. W22907 164 . 50
0280 181 35 Valley View Investment Assoc. W22907 129. 50
0280 181 40 Valley View Investment Assoc. W22907 129. 50
0280 191 07 Gonzalez, Carlos S. W22909 304 . 50
6856 Oleander Avenue
Fontana, CA 92336
0280 191 08 Williams, Robert L. W22910 304 . 50
3180 Industrial Drive
Riverside, CA 92506
0280 192 04 Hill, Jack W22913 234 . 50
1033 W. 10th Street
San Bernardino, CA 92411
0280 201 13 Hicks, Will W22914 444 . 50
230 E. Bryant Street
San Bernardino, CA 92408
0141 352 15 Sarkaria, Daljit W22915 199 . 50
PO Box 5986
Orange, CA 92613
0141 352 16 Sarkaria, Daljit W22915 199 . 50
0141 352 17 Sarkaria, Daljit W22915 199. 50
-----------------------FOR OFFICE USE ONLY-----------------------
De artments Receiving Copies: Date/Time Stamp:
r %7 RECEIVED-CITY CLERK
'94 JUL 19 P 1 :15
Orig nal to: Payment Information:
nn /d
Account 001-000-41304
-----------------------------------------------------------------
CITY OF SAN BERNARDINO
N 0 T I C E O F A P P E A L
***************mot*****IMPORTANT INFORMATION*********************
PURSUANT TO RESOLUTION NO. 90-375 THERE IS AN APPEAL FEE OF
$75.00 FOR ALL BUILDING, WEED AND VEHICLE ABATEMENT APPEALS MADE
TO THE COMMON COUNCIL. PURSUANT TO RESOLUTION NO. 89-471 THERE IS
AN APPEAL FEE OF $110.00 FOR ALL PLANNING APPEALS MADE TO THE
COMMON COUNCIL PURSUANT TO RESOLUTION NO. 90-458 THERE IS A
PROCESSING FEE OF $75.00 FOR ANY REQUESTS TO CONTINUE AN APPEAL
OR OTHER ITEM ON THE AGENDA OF THE MAYOR AND COMMON COUNCIL.
ORDINANCE NO. 765 REQUIRES THAT ANY REQUESTS FOR CONTINUANCE BE
SUBMI'1TED TO THE CITY CLERK PRIOR TO THE ITEM BEING HEARD AND
MUST BE ACCOMPANIED BY THE PROCESSING FEE. ORDINANCE NO. 765
FURTHER STATES THAT THE GRANTING OF A CONTINUANCE SHALL BE
SUBJECT TO COMPLETE 7DISCRETION OF THE MAYOR AND COMMON COUNCIL.
(Planning appeal fees paid in the Planning Dept. All other fees
paid in City Clerk's Office) .
Please Complete Pages One Two and Three
Appeal Filing Date:
Name of Appellant: �r ^ �-
Address of Appellant:
Contact Person
Contact Person Address:
Contact Person work number:
Phone Number:
home number:
1
Notice of Appeal Form
Page Two
Affected Property:
.,Type of Appeal (please check one of the following) :
Planning Appeal to Mayor and Council
Building Abatement Appeal to Mayor and Council
y Weed Abatement Appeal to Mayor and Council
Vehicle Abatement Appeal to Mayor and Council
Appeal to Board of Building Commissioners
Other Types of Appeals:
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (M.C.
2.64) :
I. State the specific action appealed and the date of that
action:
j
II. State the specific grounds of the appeal: -, . 9��r
1
i f
d >
Cont. on next page. . .
2
Notice of Appeal Form
Page Three
III. State the action(s) sought from the Common Council
Committee or Commission) :
i
i
Signature of Appellant:
Attachments and Exhibits: a ��
3
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CITY OF SAN BERNARDINO S
MISCELLANEOUS CASH RECEIPT c .3 7 ' ;W t-
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Received From
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