HomeMy WebLinkAbout13- Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James W. Sharer, Manager Subject: Property located at 1404 I'l. Pennsylvania.
Appeal of the Board of Building
Dept: Facilities Management Commissioners ruling.
Date: June 27, 1996
Synopsis of Previous Council action:
Appeal of the Board of Building Commissioners order #3471, held on June 6, 1996.
Recommended motion:
That the Mayor and Common Council uphold the findings of the Board of Building Commissioners
and find the vehicles to be a nuisance. Vithin ten (10) days, the owner must have all
vehicles and parts thereof removed. Any vehicles remaining on the property after (15)
fifteen days, will be abated by the Facilities Management Department.
Signature
:.,,x
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.- �
STAFF REPORT
Subiect•
Appeal of the Board of Building Commissioners order to abate nine
vehicles plus vehicle parts from the property located at 1404 N.
Pennsylvania.
Request:
The appellant, Mr. Harris requests the Mayor and Common Council
overturn the recommendation. Mr. Harris feels vehicles do not
constitute a nuisance and have been there years without objection.
Background:
03/11/96 Complaint received, officer attempted contact .
Information sheet left on door
03/19/96 Officer spoke with owner, would not allow her on the
property without his permission or a warrant . He stated
he needed time to find a place for the streetsweepers
and would call, but was unable to give any time frame .
He stated he was being harassed. He had sued to City
before and was contacting his lawyer.
03/29/96 Served owner with Inspection Warrant .
04/02/96 Executed Inspection Warrant .
04/12/96 Legal ten (10) day "Notice of Intention to Abate and
Remove an Abandoned, Wrecked, Dismantled, or Inoperative
Vehicle (s) or Part (s) thereof as a Public Nuisance" was
mailed by certified mail .
04/24/96 A letter was received from Donald Barnett the attorney
for Mr. Harris requesting a hearing before the BBC.
06/06/96 Case was heard before the BBC, at which time they adopted
staff recommendation to abate vehicles within fifteen
(15) days .
06/21/96 Received notification an appeal had been filed to the
Mayor and Common Council .
Analysis:
This property is a public nuisance and an eye sore . See attached
photos .
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1
Donald Barnett, Esq. (State Bar #33012)
2 LAW OFFICES OF DONALD BARNETT
1801 Century Park East, Suite 2500
3 Los Angeles, California 90067
4 Telephone No. : (213) 879-1801
5 Attorney for: Appellant, HENRY HARRIS
6
7
8 CITY OF SAN BERNARDINO
9 FACILITIES MANAGEMENT DEPARTMENT
10
11 BOARD OF BUILDING )
COMMISSIONERS ) Case No. : 96-VAP-223-03
12 Plaintiff, ) APPEAL TO THE MAYOR AND
13 ) COMMON COUNCIL
VS. ) ;
14 )
HENRY HARRIS, ) _
15 )
defendant )
16 ) -
17 This is an APPEAL to the Mayor and Common Council of -fan
18 Bernardino by HENRY G. HARRIS from that certain Order and related
19 findings of the Board Commissioners of June 6, 1996 ordering the
20 removal of "inoperable vehicles" from Defendant's premises at 1404
21 PENNSYLVANIA AVENUE by June 21, 1996 for reason of their
22 constituting a "Public Nuisance" or face immediate abatement action
23 by the City of San Bernardino.
24 The grounds for the aforesaid appeal include the following:
25 1. Almost all of the described vehicles are "operable" ;
26 2 . The remaining vehicles do not constitute a "public
27 nuisance" in light of the character of the neighborhood, its land
28 use, and the historical value of the vehicles targeted for
1
abatement.
2
3 . Waiver & Estoppel, by reason of the fact that said
3
vehicles have been situated on the subject for many years without
4
objections, protest, or similar action, from either private or
5
public sources.
6
4 . Implied agreement by the City to refrain from
7
undertaking abatement actions against Appellant Harris as a
8
consequence of the disposition of of a case in 1987-88 wherein the
9
City of San Bernardini tendered substantial compensation to
10 appellant as a result of similar abatement tactics and procedures.
11
The relief or action sought fyom the Mayor and Common
12
Council is to issue an order to The Board of Building Commissioners
13 to refrain from implementing any abatement procedures against
14
Appellant, his vehicles and his real property located at 1404 n.
15
Pennsylvania, San Bernardino.
16
The $75. 00 filing fee is hereby attached to this appeal.
17 Dated: June 20, 1996 Law Offices of Donald Barnett
18
By
19 Donald Barnett, Attorney for
Appellant, Henry Harris
20
21
22
23
24
25
26
27
28
1
PROOF OF SERVICE
2
STATE OF CALIFORNIA,
3
COUNTY OF LOS ANGELES
4 I am employed in the county of LOS ANGELES, State of
5 California.
6 I am over the age of 18 and not a party to the action within;
my business address is 1801 Century Park East, Suite 25001 Los
7 Angeles, California, 90067.
8 On June 20, 1996 I served the foregoing document described as
APPEAL TO THE MAYOR AND COMMON COUNCIL ON INTERESTED PARTIES in
9 this action
10 by placing the true copies thereof enclosed in sealed
envelopes addressed as stated on the attached mailing list:
11 by placing the original X a true copy thereof enclosed
12 in sealed envelopes addressed as follows:
13 *City Clerks Office *James Sharer, Manager
City of San Bernardino Facilities Management
14 300 North "D" Street City of San Bernardino
San Bernardino, CA 92418 300 North "D' Street
15 San Bernardino, CA 92418
*By Federal Express
16
17 I am "readily familiar" with the firms practice of collection
and processing correspondence for mailing. Under that practice it
18 would be deposited with the U.S. postal service on that same day
with postage thereon fully prepaid at LOS ANGELES, California in
19 the ordinary course of business. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation
20 date or postage meter date is more than one day after of deposit
for mailing in affidavit.
21
Executed on June 20, 1996 at LOS ANGELES, California.
22
I declare under penalty of perjury under the laws of the State
23 of California that the above is true and correct.
24
BarbaraSanders
26
27
28
CITY OF SAN BERNARDINO
MISCELLANEOU 7CASH:RECEIPT No 690035
Date 19R ACCOUNT NO, AMOUNT
Received From
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DISTRIBUTION: White—Customer;Canary—Cashier;Pink—Oeoartment;G Itlenr —'.0t.Numeric Control
J U N 2 5 1997
FACILITIES
MANAGEMENT
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F A C I L I T I E S Y A N A Q E M E N T D E P A R T M E N T
June 10, 1996
Henry G. Harris
1404 N. Pennsylvania St .
San Bernardino, CA 92411
Re: Board of Building Commissioners Findings
Case No. 96-VAP-223-03
Dear Mr. Harris,
Please find attached a copy of the Board of Building Commissioners
Findings dated June 6, 1996 .
If you disagree with these findings, 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 at 300 North I'D" St, 2nd Floor, San
Bernardino, CA. 92418 . A fee of $75 . 00 must accompany your request .
Your written appeal must include:
(1) Case number and property location
(2) Specific grounds for appeal
(3) Relief or action sought from the mayor & Common Council
If you have any questions, please contact Georgett Park, the
Vehicle Abatement superva,,.sor at (909) 384-5343 .
/Facilities Sharer, Manager
Management
JS/jw
PRIDE
SS
3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0 , IN PROGR
C A L I F 0 R N I A 9 2 4 1 8 0 0 0 1 (0 0 Y) 2 4 4 - 5 2 4 4
1 BOARD OF BUILDING COMMISSIONERS
2
3 Order # 3471 Case No. 96-VAP-223-03
4 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN
5 BERNARDINO AUTHORIZING THE ABATEMENT OF VEHICLES.
6 Whereas, pursuant to the San Bernardino Municipal Code, Title 8, Chapter
7 8.36, the Director of Facilities Management has sent a ten (10) day notice by
8 certified mail to the owner of the property that inoperable vehicles
9 constituting a public nuisance must be abated; and
10 Whereas, the owner has requested a hearing before the Board of Building
11 Commissioners and notice of said hearing was properly given; and
12 Whereas, a hearing was held on June 6, 1996, to receive and consider all
13 relevant evidence, objections, or protests; and
14 Whereas, the Board of Building Commissioners heard testimony and examined
15 all evidence offered by the parties relative to the alleged public nuisance,
16 NOW, THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS OF
17 THE CITY OF SAN BERNARDINO AS FOLLOWS:
18 Section 1. Based upon the evidence presented, The Board of Building
19 Commissioners finds that the inoperable vehicles located on the premises at
20 1404 N. Pennsylvania Avenue constitute a public nuisance and need to be
21 abated.
22 Section 2. The owner of the above property shall remove the inoperable
23 vehicles within 15 days of the date of this order or the City will abate the
24 vehicles and lien the above property for all costs and administrative fees.
25
26
27
28 / / / /
1 Section 3. Any person aggrieved by this order may appeal to the Common
2 Council of the City of San Bernardino by filing with the City Clerk, within
3 fifteen (15) days of this order, a written statement of the order appealed,
4 the specific grounds of appeal and the relief or action sought from the Common
5 Council .
6 I HEREBY CERTIFY that the foregoing order was duly adopted by the Board
7 of Building Commissioners of the City of San Bernardino at their regularly
8 scheduled meeting held on the 6th. day of June 1996, by the following vote, to
9 wit:
10 COrM9ISSIONERS: AYE NAY ABSTAIN ABSENT
11 Alfred Encisco ✓
12 Carol Thrasher
13 Amado Savala ✓
14 Larry R. Quiel ✓
15 "Joe" V.C. Suarez, Jr.
16 Ruben B. Nunez /
17 Herbert Pollock ✓
18 Benjamin Gonzales
19 Leo Cash, Jr. ✓
20
21
Cle oar of in Commissioners
22
23 hairman, Board of Building Commissioners
Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
26
27 B
28 / / / /
LAW OFFICES OF
DONALD BARNETT
DONALD BARNETT
MARK G. TOMPKINS 1801 CENTURY PARK EAST, SUITE 2500
-L QS ANGELES, CALIFORNIA 90067
(213) 879-1801 if'(310) 553-1226
FAX(310)553-1237
July 11, 1996
Rachel Clark, City Clerk
San Bernardino City Hall
300 North "D" Street
San Bernardino, CA 92418-0001
By Facsimile (909) 384-5158
RE: Matter of Henry Harris
1404 N. Pennsylvania Avenue
c*`r Bcrnard.4::0
Case No. : 96-VAP-223-03
Dear Ms. Clark:
I received a call at approximately 11: 00 A.M. today from
Susana Cordova of your office that the above referenced appeal was
calendared on the city council's agenda for July 15, 1996. (Item
#22) .
As discussed today with Ms. Cordova, I am requesting a
continuance as to said hearing to August 19, 1996, for reason of
the fact that I am leaving town on July 14th for my 3 week annual
vacation with my family to the Midwest and it would constitute a
dire hardship for me to alter my plans at the last minute.
Given the late notice by your office, I am requesting a
waiver of the normal continuance fee of $75. 00 out of consideration
for due process and professional courtesy.
Thank you for your courtesy and cooperation.
Very truly yours,
Donald Barnett
DB:bs
CC: Henry Harris