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HomeMy WebLinkAbout03- Planning and Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Mark Farrell, Subject: Eighteen Arden Guthrie Properties (Listed in Building Inspector the staff report) and 2028 Dumbarton Ave., and 2075 E. Sunrise Lane* and 2157 E. Sunrise Lane.** Dept.: Department of Planning and Building Services Date: September 23, 1996 ORIMGIL Synopsis of Previous Council action: None. Recommended motion: 1) That Council sustain the July 18, 1996, BBC Orders 3527, 3553, 3522, 3518, 3531, 3538, 3534, 3530, 3532, 3536, 3517, 3519, 3525, 3539, 3526, 3528, 3524, and 3537 on the Arden Guthrie properties. (See attachment) *2) That Council sustain the July 19, 1996, BBC Order No. 3555 on 2075 E.Sunrise Lane. (See attachment) **3) That Council sustain the December 22, 1995, BBC Order No. 3072 on 2157 E. Sunrise Lane (See attachment) --1 Signature Contact person: Mark Farrell Phone: 5543 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. �� CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Page 2 1) That Council sustain the July 18, 1996 BBC Orders 3527, 3553, 3522, 3518, 3531, 3538, 3534, 3530, 3532, 3536, 3517, 3519, 3525, 3539, 3526, 3528, 3524, and 3537 on the Arden Guthrie properties which provide: "Within sixty (60) days from the date of this order, owner (s) of record shall obtain the required permits to rehabilitate or demolish abandoned structures (s). Rehabilitation or demolition shall be completed within ninety (90) days from the date of this order." *2) That Council sustain the July 19, 1996 , BBC Order No. 3555 on 2075 E. Sunrise Lane requiring the property owner to obtain permits to rehabilitate or demolish the structure within ten (10) days and complete rehabilitation or demolition within thirty (3 0) days. **3) That Council sustain the December 22, 1995, BBC Order No. 3072 on 2157 E. Sunrise Lane requiring the property owner to apply for rehabilitation permits within ten(10) days, obtain the permits within thirty (30) days of the application, commence rehabilitation within sixty (60) days of obtaining permits and complete rehabilitation within six (6) months thereafter or demolish the structure. If the property owner elects to demolish the structure, apply for demolition permits within ten(10) days and complete demolition within three (3) months thereafter. STAFF REPORT Council Meeting Date: Monday September 23, 1996 TO: Mayor and Common Council FROM: Mark Farrell, Building Inspector, Department of Planning and Building Services DATE: September 23, 1996 AGENDA ITEM: Arden Guthrie Properties: 2177 Newcomb Street 2094 Newcomb Street 2104 Newcomb Street 2072 Newcomb Street 2140 Newcomb Street 2176 Newcomb Street 2029 Newcomb Street 2105 Newcomb Street 2122 Newcomb Street 2158 Newcomb Street 2159 Newcomb Street 2123 Newcomb Street 2094 Dumbarton Ave. 2104 Dumbarton Ave. 2050 Dumbarton Ave. 2004 Dumbarton Ave. 2072 Dumbarton Ave. 2028 Dumbarton Ave. AND 2075 E. Sunrise Lane 2157 E. Sunrise Lane ARDEN GUTHRIE PROPERTIES: On or between April 16, 1996 and May 1, 1996, the Code Compliance Division of the Department of Planning and Building Services inspected the Arden Guthrie properties listed above. As a result of the inspection, the Code Compliance Officer observed code violations. The property owner (s) of record were notified of the code violations and a hearing before the Board of Building Commissioners was scheduled. On July 11, 1996, a hearing to address the code violations was heard by the BBC. Debra Myers, the attorney representing the property owner, FDIC, was present at the hearing and addressed the BBC. After receiving and considering all relevant evidence, objections or protest, regarding the Arden Guthrie properties, the BBC determined the Arden Guthrie properties constituted a public nuisance. Based on a finding that a nuisance existed, the staff recommendation from Code Compliance recommended that within ten (10) days, the owner(s) of record shall obtain the required permits to rehabilitate or demolish the structures and that the work is to be completed within thirty (30) days. Instead, the BBC ordered the property owner(s) to comply with the following order as of July 18, 1996: "Within sixty (60) days from the date of this order, owner(s) of record shall obtain the required permits to rehabilitate or demolish abandoned structure (s). Rehabilitation or demolition shall be completed within ninety (90) days from the date of this order." On or about July 18, 1996, notice of the BBC decision was sent to the property owner, the FDIC, and all other interested property owners. The notice sent to the property owner(s) also informed the owner of the right to appeal the BBC order within fifteen (15) days from the date of the order. As of September 19, 1996, no property owner has appealed the BBC order. As of July 18, 1996, a notice of pendency had been filed on all 23 Arden Guthrie properties. The sixty day deadline to obtain permits expired on September 16, 1996. As of the 16th, Tom Williams, the current property owner obtained permits for five properties On September 18, 1996, Mr. Williams faxed a request to Joe Lease, Department of Planning and Building and Services Inspection Services Supervisor, for an extension of time to comply with the deadlines in the BBC orders. Mr. Williams also requested a waiver of the pre-permit inspections and suggested using his contractor to prepare the pre-permit reports. REQUESTED COUNCIL ACTION BY THE PROPERTY OWNER ON THE ARDEN GUTHRIE PROPERTIES: The only action requested by Mr. Williams' September 18, 1996, fax are as follows: I) An extension from the BBC deadline on the Arden Guthrie properties and 2) A waiver of the pre-permit inspections so that he may use his contractor to prepare the inspection reports to obtain permits on the remaining eighteen properties. It should be noted that Department of Planning Building Services Plan Checker Jim Sowers informed Mr. Williams on or about September 10, 1996, of the option to use a private contractor to prepare the inspection reports to expedite obtaining permits. SUNRISE PROPERTIES: 1) 2075 Sunrise Lane On July 11, 1996, the BBC declared 2075 Sunrise Lane constituted a public nuisance and issued order no. 3555 which required the property owner to obtain permits to rehabilitate or demolish the structure within 10 days and complete rehabilitation or demolition within thirty (3 0) days. Due to a misunderstanding, the owner, Mr. Williams, was given an additional ten (10) days to obtain a pre-permit inspection. On July 30, 1996, Mr. Williams applied for and obtained a pre- permit. As of September 19, 1996, Mr. Williams has failed to comply with the outstanding BBC order and obtain a permit to rehabilitate or demolish the structure at 2075 Sunrise Lane. 2 2) 2157 Sunrise Lane On December 22, 1995, the BBC declared the property at 2157 Sunrise Lane a public nuisance. On December 22, 1995, the BBC issued order no. 3072 which required the owner, to apply for rehabilitation permits within ten (10) days, obtain the permits within thirty (3 0) days of said application, commence rehabilitation within sixty (60) days of obtaining permits and complete rehabilitation within six (6) months thereafter or demolish the structure. If the owner elects to demolish the structure, apply for a demolition permit within ten (10) days and complete demolition within three (3) months thereafter. After failing to comply with all of the time deadlines in the BBC Order, an asbestos inspection was completed prior to demolition. Before the demolition could be completed, the property owner requested a stay of the order to rehabilitate the structure. As of September 19, 1996, no permits to rehabilita e the building have been obtained. Mark Farr ll, Building inspector 3