HomeMy WebLinkAboutNB1- City Attorney CITY .OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Huston T. Carlyle, Jr. Subject: Adoption of Findings of Fact and
Statement of Decision (Tom Williams
Dept. City Attorney and Crystal Williams)
Date. October 21, 1996
Synopsis of Previous Council action:
Appeal denied on September 23, 1996
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Recommended motion:
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Adopt Findings of Fact and Statement of Decision
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Signature
Contact person: Huston T. Carlyle, Jr. Phone: !� 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
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STAFF REPORT
Council Meeting Date: October 21, 1996
TO: Mayor and Common Council
FROM: Huston T. Carlyle, Jr., Sr. Assistant City Attorney
DATE: October 21, 1996
AGENDA
ITEM: Adoption of Findings of Fact and Statement of Decision
(Tom Williams and Crystal Williams)
Following the decision of the Mayor and Council on the appeal of Tom and Crystal
Williams at the meeting of the Mayor and Common Council on Monday, September 23,
1996, the law requires that findings be adopted. Based on the action of the Council and
on the evidence presented to the Council and contained within the record we have
prepared findings for adoption. These are based in large degree on the findings adopted
by the Board of Building Commissioners and the evidence presented at said September
23 hearing.
1 BEFORE THE MAYOR AND COMMON COUNCIL
2 OF THE CITY OF SAN BERNARDINO
4
5 In the Matter of the Hearing of ) FINDINGS OF FACT
AND STATEMENT OF
6 TOM AND CRYSTAL WILLIAMS ) DECISION.
(Owners of the properties listed below) )
7 )
8
9
10 The above-captioned matter concerning the property owner's appeal of the following properties
2177 Newcomb Street 2094 Newcomb Street
11 2104 Newcomb Street 2072 Newcomb Street
12 2140 Newcomb Street 2176 Newcomb Street
13 2029 Newcomb Street 2105 Newcomb Street
2122 Newcomb Street 2158 Newcomb Street
14 2159 Newcomb Street 2123 Newcomb Street
15 2094 Dumbarton Ave. 2104 Dumbarton Ave.
16 2050 Dumbarton Ave. 2004 Dumbarton Ave.
2072 Dumbarton Ave. 2028 Dumbarton Ave.
17 2075 E. Sunrise Lane 2157 E. Sunrise Lane
18
19 came on for hearing on September 23, 1996, before the Mayor and Common Council of the
20 City of San Bernardino, in the Council Chambers of the City at 300 North "D" Street, San
21 Bernardino, California 92418.
22 TOM WILLIAMS represented both owners of said properties throughout the hearing.
23 The City was represented by City Attorney James Penman. A quorum of the Common Council
24 heard the testimony, examined the proofs offered by the parties, and reviewed the record. The
25 Mayor and Council being fully advised, makes its Findings of Fact and Statement of Decision as
follows:
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1
I FINDINGS OF FACT
2
3 1. On July 11, 1996, a hearing on the above-listed properties' was held before the
4 Board of Building Commissioners. (Hereinafter referred to as "BBC")
5 2. The property owner, the FDICZ, was represented by Attorney DEBRA MYERS
6 throughout the hearing. The City was represented by Deputy City Attorney Stacey Aldstadt.
7 3. During the hearing, the BBC considered testimony, evidence, argument and
8 photographs from Code Enforcement Officer Bert Bene, Code Compliance Supervisor Debra
9 Daniel and FDIC attorney Debra Myers.
10 4. The Code Compliance staff reports submitted to the BBC regarding the above-
11 listed properties specified in detail the code violations observed and the owner's non-
12 compliance. In addition to the code violations, the buildings had been abandoned for several
13 years and on occasion inhabited by transients.
14 5. Based on the code violations, the Code Compliance staff reports recommended to
15 the BBC that a pre-permit inspection should be required for each of the properties and that the
16 owner be required to obtain permits to rehabilitate or demolish the buildings within ten (10)
17 days from the date of the BBC order and complete rehabilitation or demolition within thirty (30)
18 days from the date of the BBC order.
19 6. FDIC attorney Debra Myers addressed the BBC and represented that the FDIC
20 was attempting to sell the properties and requested additional time to comply with any BBC
21 orders issued. Ms. Myers also represented to the BBC that the FDIC would include notice to
22 any prospective bidders of the pending BBC order in the bid package.
23 7. After considering all relevant testimony, evidence, argument from Debra Myers
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'The Board of Building Commissioners hearing on 2157 E. Sunrise was held on December
26 7, 1995 and BBC order# 3072 declaring the property a public nuisance was issued on December
22, 1995.
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'At the time of the hearing, the FDIC was the property owner of all of the above-listed
28 properties except 2075 and 2157 E. Sunrise Lane.
2
I and all other interested parties, the BBC closed the hearing and voted to adopt the staff
2 recommendations and ordered the owner to obtain permits to rehabilitate or demolish the
3 structures within sixty (60) days from the date of the BBC order, and complete rehabilitation or
4 demolition within ninety (90) days from the date of the BBC order.
5 8. The FDIC auction was held on July 25, 1996. The current owner of the
6 properties, Tom Williams was the successful bidder. Mr. Williams obtained the property from
7 the FDIC in a quit claim deed on August 8, 1996, and recorded title to the property on August
8 23, 1996.
9 9. On August 29, 1996, Joe Lease, the Inspection Services Supervisor of the
10 Department of Planning and Building Services sent Mr. Williams a letter informing him of the
11 BBC deadlines to obtain permits by September 16, 1996 and complete rehabilitation or
12 demolition by October 16, 1996.
13 10. On September 5, 1996, Mr. Williams applied for pre-permit inspections on two
14 (2) of the twenty-three (23) Arden-Guthrie properties.
15 11. On September 10, 1996, Mr. Williams applied for pre-permit inspections on the
16 remaining twenty-one (21) properties, three (3) working days before the permit deadline.
17 12. On September 16, 1996, Mr. Williams obtained permits for five (5) of the
18 twenty-three (23) buildings.
19 13. On September 18, 1996, Mr. Williams contacted Joe Lease and requested an
20 extension of time to comply with the BBC orders and a waiver of the pre-permit inspections.
21 14. On September 19, 1996, the City Attorney's Office notified Mr. Williams that his
22 request for additional time and waiver of the pre-permit process was placed on the agenda for
23 the Mayor and Common Council meeting on September 23, 1996. The letter, both faxed and
24 sent via certified mail, informed Mr. Williams that it was imperative that he appear at the
25 Council meeting because he would have an opportunity to address the Mayor and Common
26 Council regarding all of the properties listed above.
27 15. On September 23, 1996, Mr. Williams appeared at a hearing before the Mayor
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I and Common Council. At this hearing, Mr. Williams requested an extension of time to comply
2 with the BBC orders regarding his properties and a waiver of the pre-permit inspections. Mr.
3 Williams also testified that the structures on his properties were in sound condition and that he
4 was aware of the BBC orders before he purchased the properties.
5 16. After questioning Mr. Williams regarding his knowledge of the BBC orders prior
6 to purchasing the properties, and considering evidence, testimony, and argument from all
7 interested parties, the BBC denied Mr. Williams' appeal and sustained the BBC orders in all
8 respects.
9 CONCLUSION
10 In denying the property owner's appeal, the Common Council sustained the Board of
11 Building Commissioners' orders (numbers 3527, 3553, 3522, 3518, 3531, 3538, 3534, 3530, 3532,
12 3536, 3517, 3519, 3525, 3539, 3526, 3528, 3524, 3537, 3555, and 3072) and hereby adopts the
13 findings made by the Board of Building Commissioners that the above-listed properties did in fact
14 constitute public nuisances and or dangerous buildings based on the evidence, testimony, and
15 argument of all interested parties present at the hearing, including property owner Tom Williams,
16 and the Code Compliance staff reports submitted to and adopted by the Board of Building
17 Commissioners.
18 STATEMENT OF DECISION
19 The Mayor and Common Council of the City of San Bernardino does hereby order as
20 follows:
21 The Appeal by Tom and Crystal Williams (owners of the above listed properties) from the
22 above-listed BBC orders is hereby DENIED.
23
24 Dated:
25 APPROVED:
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28 Tom Minor, Mayor
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