HomeMy WebLinkAbout16- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director Subject: 2105 Newcomb, San Bernardino
Dept: Planning & Building Services ORIGINAL
Date: August 15, 1996 MCC Date: September 3, 1996
Synopsis of Previous Council Action:
None
Recommended Motion:
To uphold the finding of the Board of Building Commissioners held July 11, 1996
Al Eloughey
Contact person: Al Boughey Phone: 384-5357
Supporting data attached: Staff Report Wards: 7
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
913/J991�
Agenda Item No.
SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MAYOR AND COMMON COUNCIL MEETING OF
REQUEST
See attached appeal received from NAREB (National Association of Real Estate Brokers -
Investment Division, Inc., which by reference becomes a part of this report; Exhibit A
BACKGROUND
See attached Staff Report which by reference becomes a part of this report; Exhibit B
RECOMMENDATION
The property owner(s) are hereby directed to comply with the following requirements. Within
sixty (60) days, from the date of this order, the property owner shall obtain all required permits
to rehabilitate or demolish the abandoned, fire damaged structure. The rehabilitation or
demolition must be completed within ninety (90) days from the date of this order. All
inspections and approvals must be obtained from the Inspection Services Division. The property
shall meet all applicable codes adopted by the City of San Bernardino; Exhibit C
Attach: Appeal
Staff Report
Resolution Order
Photos
EXHIBIT A
AUG-02-'96 FRI 12:41 ID: TEL N0: 4128 P02
--- FOR OFFICE USE ONLY _
Departments Receiving Me^Stamp:�
Copies:
Original to
Payment Information:
Date of Distribution:
Last Updated: 3/26196
Account 001-000-4303
CTTY 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.
Comfllete All Information
J
Appellant Name
& Add=: National Association of Real Estate Brokers - Investment Division,Inc
1301 85th Avenue, Oakland, CA 94621
Contact Person Ray Carlisle, President
& Address:
1301 85th Avenue, Oakland, CA 94621
Contact Person Phone (510) 562-6573 (510) 638-5494
Number: Day: Evening:
Affected Property
Address do AM # 2105 Newcomb Street, San Bernardino APN#0285-501-17
Order # 3530
Tvr� of AMRW - Check One:
Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies:
(*Adjusted Annually)
Planning commission ($122.00 *) _.Board of Building Commissioners (No Charge)
.� Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Access Appeals Board (No Charge)
Vehicle Abatement ($75.00) ____ Other/Explain: (No Chamm
(continue next page)
- PLG-02-'96 FR I 12:42 ID: TEL N0: Ct1,2�P03
A VALID APPEAL MUST INCLUDE THE FOLLOWING EMS MATION(MC 2.64):
1. The specific action appealed, and data of that action: Zb demolish the
abandoned fire damaged structure. Date of Action, July 11 , 1996
Z. The specific grounds of appeal: Have valid contract to purchase and
rehabilitate structure with present owner.
r
3. The actions(s) sought from the legislative body: Support the National
Association of Real Estate Brokers, Investment Division, Inc. in it's
effort to purchase, rehabilitate and rent to lower income tenants the
subject property.
4. Any additional information:
Sig o
Date: August 2, 1996
a�gv ri�J Jy�
C I T Y O F
an bernardino
R A C H E L C L A R K
C I T Y C L E R K
August 5, 1996
National Association of Real Estate
Brokers, Investment Division, Inc.
1301 85th Avenue
Oakland, CA 94621
Re: 2105 Newcomb - APN 285-501-17 - Case No. 93-124
We are in receipt of your Notice of Appeal to the Mayor and Common Council of the action
taken by the Board of Building Commissioners on July 11, 1996 concerning the above-
referenced property.
The appeal is scheduled to be heard on Tuesday, September 3, 1996, at 10:00 a.m., in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418.
If you have any questions related to your appeal, please feel free to contact our office at (909)
384-5002.
Sincerely,
qRa rk
City Clerk
cc: City Attorney
Angie Dalk, Economic Development Agency
Al Boughey, Director, Planning and Building Services
✓Debra Daniel, Code Enforcement Supervisor
Administrator's Office
File
P. O . B O X 1 3 1 8 S A N B E R N A R D I N O , C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O ,
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X -( 9 0 9 ) 3 8 4 -5 1 5 8
T D D/T T Y - ( 9 0 9 ) 3 8 4 - 5 5 4 0
CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT No. 690153
Date v 19 _ ACCOUNT NO. AMOUNT
Received From (^
V
The Sum of 1� _ Dollars i — Cents
For
r5,
. .
Or
C!7 �
n
at
o .
.► i
DepaLrtment W
o ti
C e't r V
By ° °' TOTAL
,..
o cn
cn•• o
O N
DISTF612@TICI�1: White—Customer;Canary—Cashier;Pink—Department;Go enr d—Dept.Numeric Control
EXHIBIT B
BBC Background Report - 2105 Newcomb
Case No: 93-124
Officer: B. Bene
09/24/93 An inspection was made by the Code Compliance Division.
The following conditions were observed in violation of the
SBMC:
15 . 24 . 040A4 Trash Debris and Litter
Conditions in violation of the SBMC could be viewed from
the Public Right-of-Way, therefore no consent to inspect
was required. The property was posted with a notice of
violation.
10/08/93 A ten (10) day notice to abate violations was mailed to the
owner(s) of record via certified mail with no response.
04/16/96 A reinspection was made and the following conditions were
observed in violations of the SBMC.
CODE SECTION VIOLATION
DANGEROUS BUILDINGS) UCFADB 302 (17) - ABANDONED
UNMAINTAINED STRUCTURE(S) . WITHIN TEN (10) DAYS, OWNER IS
TO OBTAIN REQUIRED PERMITS TO REHABILITATE OR DEMOLISH
STRUCTURE(S) . WORK IS TO BE COMPLETED WITHIN THIRTY (30)
DAYS. CONTACT THE PLANNING AND BUILDING SERVICES
DEPARTMENT AT (909) 384-5071 . YOU MUST OBTAIN THE
NECESSARY PERMITS PRIOR TO INITIATING WORK.
05/22/96 A Title Report received identified the owners (s) of record
and all vested parties . A Notice of Violation and
Statement of Direct costs was sent to all parties via
certified mail scheduling this matter before the Board of
Building Commissioners .
STAFF RECOMMENDATION
(A) That the Board finds a nuisance existed at the time of original
inspection and continues to exist;
(B) Within ten (10) days, the owner(s) of record shall obtain required
permits to rehabilitate or demolish structures. Work is to be completed
within thirty (30) days. Owner(s) shall maintain the landscaping to
include regular irrigation and pruning and shall remove all weeds, dry
brush, overgrown vegetation, trash, debris or other items causing an
unsightly appearance.
(C) Upon the owner(s) of record failure to comply with the order of the
Board of Building Commissioners, the Code Compliance Division shall
obtain an Inspection/Abatement warrant to abate violations noted.
(D) Due to the owner(s) of record failure to respond or comply within the
time frame stated on the previous notice of violations issued, the
owner(s) shall incur these direct costs and any additional abatement
costs 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 records.
t. ., EXHIBIT C
CITY OF
DEPARTMENT OF PLANNING & BUILDING SERVICES
(San bernardino CODE COMPLIANCE DIVISION
# � I
•;' (909) 384-5205
Homefed Bank LOCATION: 2105 Newcomb
5565 Morehouse Dr. SAN BERNARDINO, CA
San Diego, CA 92121-1710 ASSESSORS NO: 285-501-17
T23147-BO3/9115682/80288 ORDER NO: 3530
CASE NO: 93-124/COMPLAINT: 27175
OFFICER: B. Bene
July 18, 1996
Pursuant to action of the Board of Building Commissioners taken on
July 11, 1996, a nuisance was found to exist at 2105 Newcomb.
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 theSity Clerk' s office at 384-5002 .
''
By: ;
C d C` p1_`_a6ffce Of f i c e r
BB jr
CC : City Clerk
City Attorney
Economic Development, Attn: Angie Dalk
Homefed Bank, P.O. Box 2070, San Diego, CA 92112-1710,
#T23147-BO3/9115682/80288
Federal Deposit Insurance Corp. , 4 Park Plaza, 6th Fl . ,
Irvine, CA 92714
William R. Hill, Donahue, Gallagher, Woods & Wood, P.O. Box
12979 , Oakland, CA 94604-2979
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. 3530 CASE NO. 93-124
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 2105 Newcomb, San Bernardino, California, with a "Notice
9 to Abate Nuisance" and has notified the person (s) having an
10 interest in said property that the said building (s) or premises
11 constitute a public nuisance;
12 WHEREAS, pursuant to San Bernardino Municipal Code, the
13 Building Official has served a "Notice of Hearing Before the Board
14 of Building Commissioners of the City of San Bernardino" , relating
15 to abatement proceeding, to the person (s) having an interest in the
16 above property, and has prepared a declaration of mailing of the
17 notice, a copy of which is on file in these proceedings; and;
18 WHEREAS, a hearing was held to receive and consider all
19 relevant evidence, objections or protests on July 11, 1996, and;
20 WHEREAS, there was an appearance by Debra Meyers, representing
21 Federal Deposit Insurance Corporation, having an interest in the
22 above property.
23 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3530 CASE NO. 93-124
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 2105 Newcomb, San Bernardino, California constituted a public
6 nuisance .
7 SECTION 2 . The Board of Building Commissioners accepted
8 staff' s recommendations . The property owners) are hereby directed
9 to comply with the following requirements . Within sixty (60) days
10 from the date of this order, owner (s) of record shall obtain the
11 required permits to rehabilitate or demolish abandoned
12 structure (s) . Rehabilitation or demolition shall be completed
13 within ninety (90) days from the date of this order. Owner (s)
14 shall maintain the landscaping to include regular irrigation and
15 Pruning, and shall remove all weeds, dry brush, overgrown
16 vegetation, trash, debris, or other items causing an unsightly
17 appearance . The property shall meet all applicable codes adopted
18 by the City of San Bernardino.
19 SECTION 3 . Upon the owner (s) of record failure to comply with
20 the order of the Board of Building Commissioners, the Code
21 Compliance Division shall proceed to initiate abatement action by
22 obtaining an Inspection/Abatement warrant to abate violations
23 noted.
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3530 CASE NO. 93-124
2 PAGE 3
3 SECTION 4 . It was determined that the City was required to
4 initiate abatement proceedings upon which the City incurred costs
5 in the amount of 400 . 68 . These costs and future related abatement
6 costs shall be the personal obligation of the owner (s) and shall be
7 placed as a lien on the above property.
o SECTION 5 . Any person aggrieved by this order, may appeal to
9 the Mayor and Common Council by filing a written statement with the
10 City Clerk . The statement must include the order appeal, the
11 specific grounds of your appeal, and the relief or action sought .
12 This appeal must be received within fifteen (15) days from the date
13 of this notice dated July 18, 1996 .
14
15
16
17
i
18 //
i
19
20
21
i
22
23
24
25
26
27
28
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3530 CASE NO. 93-124
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 11th day of July 1996, by
the following vote, to wit :
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso
Carol Thrasher X
Amado Savala
Larry R. Quiel
"Joe" V. C. Suarez, Jr . x
Ruben B . Nunez
Herbert Pollock X
Benjamin Gonzales
Leo Cash, Jr.
r
Cler Board oiling Commissioners
The foregoing order is hereby approved this lth ay July, 1996 .
Chairman, d of Bui ding Commissioners
Approved as to form and legal content :
James F. Penman, City Attorney
By:
City of San Bernardino
CODE COMPLIANCE DIVISION
- PHOTOGRAPH DISPLAY REPORT -
Address `'� !—' ' �=� = Case/Complaint# Date:
Description: - ) <, ; Taken by:
(Photo #1) Before After
I
Description: Date:
(Photo #2) Before After Taken by:
PLAN 17.02 (294)
MY/EG/94
-t,
Z:
i
JL
t.
2105 Newcomb
.y
z
a•a4
Y
f
3�
7
i� .dill
rioado,11T.
00 '' `�
i
AI N
ML
r v n
i
Ki �•
Lase/uompiamt v Date: f �=
Taken by:
ss...e After
Itw
V
ORA' _
Date:
.fore -
`r. 9
1.
_ t
1
3
Case/Complaint # Date:
Taken by: -`
:fore After
Date:
;fore After Taken by:
s#
.sS
1.
�'r +
I
Q
i
�,.± r
• _ _ .�:1.
r
11!
I
op
4<
r
f
Lase/Lompiaint ;F uate: --
Taken by: �
Before After
+ F
s�
•r
i
c
Before After Taken by:
C/ V Taken by: �='L
3
After
i
I
I
,
1
I
Date:
After Taken by:
I
I
I
M 1
i
i
M
h
1�
.s
i
I
I
CODLr
101.910TCGRA�PE DSS:' _ .. ..-----
> C �✓� C`�
icy
IV s
i
1
i
{
.k
T
i
i
i
i
�:.ul<iLs1S1'lrlt UlJY1.��: LC^.�"VK'1" -
a � -� 3
1
i
cf -
�ar
`z
1 ,
i
J
i
�c
UrSPLAV
l D s- !t
J.' A
x �x'
tom
lol
k � 3
4 y
V,
�3
�Y
Y .
Y�4A4'
r�+
r,
- �.r��r`��1*iii it ;1
ai 4
��Q ��1ij�! t ♦ .� 4��,n J
1� r
q. x
.�,♦t r�yy'a'4 � Lr• � �') `::A ` F,l�d4`+f.-
-eeVPrp
it
NA
r
i
+r '
M�`Yr d'k 4�"'4k �G'A� d 9 .S �•
< 5v I
i
ti Yy-.S�
t
r.." yam. •t
i
ttFS� DIVISION a4 '
PHO'lti7 DISPLAY
REPORT
WCOM 1 „
� e
Z _
=hr
f
i
0.4
� .� 7^T y .�3 F �•C'sµ ` i �`�
qi
Y
z< �,
4!L Y t
{
n
Y'
�r
3
CITY OF SAN BERNARDINO :.
CODE ORC�. NT DIVISION `
PH H DISPLAY REPORT
ADDRESS 1 �S�Nl wdI rat
PHOTO DATE =Z y 3
TAKEN 3Y �d�
CASE T 13 -1� �
ZONING
DEPICTS /JC�S�- C�A'R @'OP- -
1
pxoTO = IDATLF
TAKEN 3Y
CASE
ZONING �}
DEPICTS
1
EG 94 ;
MYf /
CITY OF SAN BERNARDINO
CODE ENFORCEMENT DIVISION`'
PHOTOGRAPH DISPLAY REPORT
ADDRESS al evs-iUewc O M 13
PHOTO DATE #219/2-3-
TAKEN BY
CASE x 2312 q
ZONING t
DEPICTS tz
PHOTO = DATE 4 ��
TAKEN BY Q
CASE T 3
ZONING
DEPICTS ml
MY/EG/94 _
X +4 a
j'• ;j
� ar•,w. �qe a,ii v►�!L�_... �i4ci�iT_ ��{/•F �y r S +' i y,,....
,_ � � ��-. � �,� +§aw y5„�'-v Faa '��s�'r♦z E�a-t t�-�� x ti`
T i=
ADDRESSl( '. •PW
PHOTO # DATE 6
TAKEN BY
};•;;� ,� <� � a-� Rte.,
r_
CASE
ZONING 'r y.
DEPICTS h
N4.
lu'��.. 4 X6-4 � rki,l � •�.. .... .. a:rSN$L t.�
k w
;. 3 •p� k. X31` �#w. .'�;. �k.
i`
CASE # �,
ZONING
DEPICTS v
C{„jb�♦ 'x ✓ vii t��. ' :�;�'� a .t. � a f .t¢ n�e
� !d ..:mot �s•...:.,,� � . '.� x� a��+y,� .. _ _ � tit �- e:.
h
Y
;
x
r ,
v
! .R(
�_ ( kbF SAN BERNARDINO ^
� CCI .; BiQRC I IRV 7 DIVISION r
DISPLAY REPORT 'r .
ADDRESS
PHOTO # DATE L
TAKEN
CASE
ZONING
DEPICTS
it
NO
i
rr
r
� ems•' +.9��.7n.Y,.�a�.�Ffl4. �
�.#57sz�.ezea.�'s'a Kam;
z _
znG'L' 'A_
TAKEN '3Y
G
CASE # ! /Z y f
ZONING
U
DEPICTS
-.
h�yt
k1 f-
1KY 'EG/94 � ,
7
a
Ni
3$ ry
SAN BERNARDINO
DIVISION
'�' "��� DISPLAY REPORT
ADDRESS dt y S Mew e o Nt I .
PHOTO
TAKEN BY �.'
�h
CASE
ZONING
DEPICTSSf�-
S:
3 '..P .
pp
Cipw i
d�
�
PHOTO DAVE
} . rrttx .' r
TAKEN BYe�ftili/ 4
CASE �f3-jz y
ZONLYG
DEPICTS
R r ; .•d re AFA,
•P-
YIn4
Wmum M.
y
V•r
n'.
f•
k�
r
Y d tt 3 C�� ,O ,, SAN BERNARDINO
CO ORCMaNT DIVISION
PHOTOGRAPH� DISPLAY REPORT
ADDRESS
PHOTQ}�. I DATE
t
TAIL .By i G+hl ' n _
cASE {`xcl3 —ARy '
ZONING
_DEPICTS F,Fs P.S
a 7 ,i''f tyn.�L fJ
V {,"
Or
k1 -.1 'girt
. �{ j yy yu M1 j `
ens � n
PHOTO
TAKEN BY
CASE
ZONING ,
roV
DEPICTS + Y
z �
s -1,1 , ~
Ti y} •"�
%6,
z
94,
i
I T Y O F
an bernardino
R A C H E L C L A R K
C I T Y C L E R K
August 5, 1996
National Association of Real Estate
Brokers, Investment Division, Inc.
1301 85th Avenue
Oakland, CA 94621
Re: 2105 Newcomb - APN 285-501-17 - Case No. 93-124
We are in receipt of your Notice of Appeal to the Mayor and Common Council of the action
taken by the Board of Building Commissioners on July 11, 1996 concerning the above-
referenced property.
The appeal is scheduled to be heard on Tuesday, September 3, 1996, at 10:00 a.m., in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418.
If you have any questions related to your appeal, please feel free to contact our office at (909)
384-5002.
Sincerely,
Rachel Clark
City Clerk
cc: City Attorney
Angie Dalk, Economic Development Agency
Al Boughey, Director, Planning and Building Services
Debra Daniel, Code Enforcement Supervisor
Administrator's Office
File
P . O . B O X 1 3 1 8 S A N B E R N A R D 1 N O , CA 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N 0 ,
C A L IF O R N I A 92 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 . 5 1 02 F A X - ( 9 0 9 ) 3 8 4 -5 1 5 8
T D D / T T Y -( 9 0 9 ) 3 8 4 - 5 5 4 0