HomeMy WebLinkAbout17- Code Compliance CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bill Skiles, Code Compliance Subject: Appeal of Board of Building Commissioner's order
Dept: Code Compliance Division 3505 Citrus Street, San Bernardino
Date: October 11, 1996
MCC Date: NOVEMBER 4, 1996
Synopsis of Previous Council Action: ORIGINAL
None
Recommended Motion:
Deny the appeal and uphold the finding of the Board of Building Commissioners
Hearing held September 5, 1996.
Bill Skiles, Code Compliance Manager
Contact person: Bill Skiles Phone: 384-5122
Supporting data attached: Staff Report Ward(s):,-?'
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
t 4�f lj 171 L
Agenda Item No.
Iilyl9(p
SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MAYOR AND COMMON COUNCIL MEETING OF November 4, 1996
REQUEST
See attached appeal received from Kenneth Steele, of World Properties 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
The Code Compliance division case file history records indicate 3505 Citrus has an extensive
history of S.B.M.C. violations as follows:
5/27/94 Building Complaint and Investigation Report received by
Joe Lease
6/14/95 Complaint received.
6/20/96 A phone call received regarding the location. A Code
Compliance Officer was routed to inspect.
6/21/96 Written complaint received.
6/26/96 Notice of Violation issued.
7/12/96 Re-inspection revealed non-compliance. Case scheduled
the Board of Building Commissioner on August 3, 1996.
1/96 Additional complaint received.
1/9/96 Re-inspection made by the Code Compliance Officer.
1/9/96 A phone call received regarding location. A Code
Officer was routed to inspect. Property was posted.
1/10/96 Written complaint received.
1/16/96 Notice of Violation issued.
2/13/96 Received letter stating compliance.
2/22/96 Received letter from complainant.
5/28/96 Received neighborhood complaint
7/23/96 Inspections made by the Building Inspector and a
correction notice issued.
8/96 Inspection made by Joe Lease, Building Inspection
Supervisor, a recommendation that this location
be required to have a Geologic Report.
8-21-96 Based on the conditions as referenced a Notice of
Hearing was issued and this item was scheduled for the
September 5, 1996 Board of Building Commissioner's Hearing.
RECOMMENDATION
That the Mayor and Common Council deny the appeal and uphold the findings of the Board of
Building Commissioners meeting held September 5, 1996.
Attach: Appeal
Staff Report
Resolution Order
Photos (to be distributed at meeting)
Building Complaint & Investigation Report
Letters from Property Owners
Prepared by: Debra Daniel, Code Compliance Field Supervisor for Bill Skiles
----------------- FOR OFFICE USE ONLY
Departments Receiving I Tpe Stamp:
o ies: t�� �._v�z rLEr*K
6 DC' -3 P 2 :53
Orikinal to:
DE ,eo.
Payment Information:
Date of Distribution:
Last Updated: 3/26/96 D c
Account 001-000-4303
CITY 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 feed r,
—y ,J
1
Complete All Information =
v
Appellant Name -TI
& Address:
World Properties, L.P. W x
P. 0. Rox 1324 , Colton, CA 92324
Contact Person Gregory Ta. Rrittain, Attorney at I aw
& Address:
339 North "T)" Bt. , gte 300, Ran Bernardino, CA Q2401
Contact Person Phone
Number: Day: aOq-383-4579 Evening: 909-3R3-A570
Affected Property
Address & APN # 3505 Citrus street, pan Bernardino, CA; 285-351 -30
Type of Appeal - 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)
x Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Access Appeals Board (No Charge)
Vehicle Abatement ($75.00) Other/Explain: (No Charge?
(continue next page)
i
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION(SBMC 2.64):
1. The specific action appealed, and date of that action:
Please see attachment.
2. The specific grounds of appeal:
Please see attachment.
3. The actions(s) sought from the legislative body:
Please see attachment.
4. Any additional information:
Please see attachment.
Signature of Appellant:
,Trustee Date: October 3, 19A6
of tQhe general partner of World Properties , L.P.
ATTACHMENT TO NOTICE OF APPEAL
s 8
r
1. The specific action appealed, and date of that action:
Appelant, World Properties, L. P. , is the record owner of the
property. World Properties appeals the decision of the
Board of Building Commissioners taken on September 05, 1996,
and all its particulars, including that a nuisance exists at
the above property, that said property should be demolished,
that the property has an unsightly appearance from weeds,
dry brush, overgrown vegetation, trash, debris and/or other
items, that the owner should pay abatement costs in the
amount of $522 . 72 .
2. The specific grounds of appeal:
World Properties appeals on the following grounds :
1 . The property is not a nuisance .
2 . The property is safe for occupancy.
3 . World Properties has spent approximately $47, 000 . 00
repairing and improving the property.
4 . The problems observed by City inspectors in July of
1996, have been repaired. Appellant believes no further
work is necessary.
5 . If there are any remaining problems with the property,
they can be repaired.
6 . Appellant was unable to attend the Board of Building
Commissioners meeting on September 5, 1996, due to an
emergency at another property. Appellant attempted to
schedule another hearing before the board of building
commissioners so the matter could be dealt with at that
level . However, that was not possible .
1
3. The actions sought from the legislative body:
World Properties respectfully requests the following of the
Mayor and Common Council :
1 . A finding that the property is not a nuisance;
2 . A finding that the property is safe for occupancy;
3 . If there are any remaining problems with the property, a
reasonable amount of additional time to correct any such
problems; and
4 . A finding that World Properties is not responsible for
abatement costs in the amount of $522 . 72 .
4. Additional information:
World Properties is still the record owner of the property.
However, World Properties sold same to Kenneth Genine Fouse
under a land sale contract . World Properties believes and
contends it does not have any remaining legal responsibility
for the property, either to the City or the buyers .
However, World Properties feels some moral obligation to
help the new buyers with this problem, if it reasonably can.
It would be most unfortunate if Mr. and Mrs . Fouse had their
home demolished.
World Properties is filing this appeal to preserve its
rights . However, its counsel, Gregory W. Brittain met with
the City' s Code Compliance Supervisor, Debra Daniel, on
September 25, 1996 . Ms . Daniel indicated the City would not
necessarily insist the property be demolished. However, the
City wanted assurance the property is safe for occupancy.
World Properties is diligently working to provide such
assurance and commissioned a structural engineering report
on the property. Ms . Daniel also requested a geology report
on the property. Geologists are very expensive, $4000 . 00 to
$5000 . 00 , just to inspect and review the property. World
Properties intends to discuss the engineering findings with
the City and whether the expense of a geologist is really
necessary.
World Properties wishes to emphasize it wants to fully
cooperate with the City in assuring the property is safe for
occupancy and is not a nuisance . World Properties has spent
considerable funds on the property and has complied with
previous notices from the City to correct problems at the
property.
2
World Properties and/or its counsel will be contacting Ms .
Daniel . In the interim, if the City would like any
additional information, or if staff has any questions,
please feel free to contact Mr. Brittain at (909) 383-9570 .
Mr. Brittain' s address is 330 North "D" St . , Suite 300 , San
Bernardino, CA 92401 .
3
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
2
ORDER NO. 2808 CASE NO. 8885
3
4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
5
15, Chapter 15.28, the Building Official has posted a building(s)
6 located at 3505 Citrus Street, San Bernardino, California, with a
7 "Notice to Abate Nuisance" and has notified the person(s) having
8 an interest in said property that the said building(s) or premises
9 constitute a public nuisance;
10 WHEREAS, pursuant to San Bernardino Municipal Code, the
11 Building Official has served a "Notice of Hearing Before the Board
12 of Building Commissioners of the City of San Bernardino" , relating
13 to abatement proceeding, to all person(s) having an interest in
14 the above property, and has prepared a declaration of mailing of
15 the notice, a copy of which is on file in these proceedings; and;
16 WHEREAS, a hearing was held to receive and consider all
17 relevant evidence, objections or protests on August 3, 1995, and;
18 WHEREAS, there was an appearance made by Kenneth Steele, the
19 property owner.
20
21
22
23
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2808 CASE NO. 8885
2 PAGE 2
3
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1. Based upon the evidence submitted, it was found
6 and determined that the building(s) and or premises located at
7 3505 Citrus Street, San Bernardino, California constituted a
8 public nuisance.
9 SECTION 2 . The Board of Building Commissioners accepted
10 staff's recommendations. The property owner(s) are hereby
11 directed to comply with the following requirements. Within ten
12 (10) days, the owner of record shall maintain existing landscaping
13 to include regular irrigation, pruning and cutting of lawn; Remove
14 and continue to keep property free of graffiti, weeds, dry brush
15 and overgrown vegetation; remove and continue to maintain property
16 by removing trash, debris and any other item causing an unsightly
17 appearance or improperly store; To prevent unauthorized entry,
18 the owners(s) of record shall secure and continuously maintain all
19 structures to FHA Board up Standards. Within ten (10) days, the
20 property owner shall obtain a pre-permit inspection report. The
21 property shall not be rented, leased or occupied until all
22 applicable permits have been obtained and repairs have been
23 inspected and approved by the Building Inspection Division. The
24 Property owner shall monitor this property no less than twice
25 monthly to insure property is maintained. Any further complaints
26 on this property will result in the property owner being cited.
27 The property shall meet all applicable codes adopted by the City
28 of San Bernardino.
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2808 CASE NO. 8885
2 PAGE 3
3
SECTION 3 . Upon the owner(s) of record failure to comply
4 with the order of the Board of Building Commissioners, the Code
5 Compliance Division shall proceed to initiate abatement action by
6 obtaining an Inspection/Abatement warrant to abate violations
7 noted.
8 SECTION 4. It was determined that the City was required to
9 initiate abatement proceedings and incurred costs in the amount of
10 $455.08. These costs and any future additional abatements shall
11 be the personal obligation of the owner and if unpaid shall be
12 recorded as a special assessment on the county tax record.
13 SECTION 5. Any person aggrieved by this order, may appeal to
14 the Mayor and Common Council by filing a written statement with
15 the City Clerk. The statement must include the order number
16 appealed, the specific grounds of your appeal, and the relief or
17 action sought. The written appeal must be received within fifteen
18 (15) days from the date of this notice dated August 10, 1995.
19
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21
22
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24
25
26
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2808 CASE NO. 8885
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 3RD day of AUGUST 1995,
by the following vote, to wit:
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso ?�
Carol Thrasher x
Amado Savala X
Larry R. Quiel
"Joe" V. C. Suarez, Jr.
Ruben B. Nunez X
Herbert Pollock �C
Benjamin Gonzales
Leo Cash, Jr. X
erk, Board of ing Commissioners
The foregoing order is hereby approved this 3RD day of AUGUST,
1995.
C'ha oard of it n ommissioners
Approved as to form and legal content:
James F. Penman, City Atto ney
By: r`, %°
Case No: 8885 BBC Background Report - 3505 Citrus Street
Officer: A. L. Williams
01/09/96 An inspection was made by the Code Compliance Division. At
the time of inspection the following conditions were
observed in violation of SBMC 15 .24 . 040 .
15 . 24 . 040A4 - Trash Debris and Litter
15 . 24 . 040a9 - Graffiti
15 . 24 . 040a12 - Unsecure Unmaintained Pool
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.
01/16/96 A ten (10) day notice to abate violations was mailed to the
property owner (s) via certified mail, with no response.
02/11/96 A followup inspection was made and found the trash was
being removed and the pool being drained.
02/15/96 The Code Compliance Division received a letter from Mr.
Kenneth Steel, of Alcon Real Estate, advising the property
has come into compliance.
06/20/96 Another followup inspection was made and found workers
cleaning the interior of the dwelling, trimming vegetation
overgrowth, and workers loading trucks.
07/23/96 An inspection by Building Inspectors found the house has a
very large crack seperated vertically and horizontally
through the house . This has effected the integrity of the
structure . There is another crack in the floor causing the
house to slide off the foundation and a crack runs across
the paved area in the rear yard and extends through the
pool floor and wall .
08/21/96 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 property owner shall obtain required permits
to demolish the structurally damaged structure. All required work must
be completed within thirty (30) days. All work completed must be
inspected and approved by the Inspection Services Division. Owner(s)
shall maintain the property free from weeds, dry brush, overgrown
vegetation, trash, debris or any items causing an unsightly appearance.
. t
ARD��
SQ 9� CITY OF DEPARTMENT OF PLANNING & BUILDING SERVICES
o e CODE C 90 844-5205 SIGN
Ban I)emar(Aino
ED tN,ego
3505 CITRUS STREET Officer
CASE #8885 - AL WIRSTMNOTICE
JUNE 26, 1995
PAGE 2
Staff Costs
- Attorney Fees judicial
Also, any additional costs assessed due to possible
rocess. In addition to the above a 40�c all bey charged to contractor
the
p
plus an addition
abatement costs pas a lien upon the property and shall become the
property owner(s) of record.
person?l, obligation of the owner(s)
referenced, you
By acting immediately to correct the violation(s)yu object to the
will avoid these and any future costs.
determination of cited violation(s) , you must fs from the date
protest to the City Clerk no later than ten (10) day
of this notice.
If contact the officer assigned to
I Y ou have any questions please
d
this complaint between the hours of 7 :30-8:30am and 4:00-5' P
Friday from 7 : 30-8:30am an
Monday through Thursday and every other Please provide either the case
3 : 30-4: 30pm at ( 384-5205.
number, complaint number or the prop erty address. to
in supporting the Code Compliance Division gre greatly
Your assistance rance of our city hone
maintain the safety and appea reference p
appreciated. You may contact me at the above
number if you require further assistance.
Sincerely,
AL WILLIAMS
Code Compliance Officer
ALW:m&-
ion
cc: Cindy BuechterB1nHighlandStCAt92346
Tenant, 3505 Citrus,
Al Boughey,Director of Planning a d Buuil ding services/Debra
no,CA Daniel, g de Compliance Supervisor
300 North
CITY OF SAN BERNARDINO DEPARTMENT OF PLANNING AND BUILDING SERVICES
BUILDING COMPLAINT AND INVESTIGATION REPORT
ADDRESS _�a�Sy �I%i � APT/SPACE NO.
RECEIVED BY �- •- DATE
HOW LONG S VIOLATION EXISTED?
NATURE OF COMPLAIN 496i2Z ty Lr,
T -
REPORT&ACTIONS L�. c/PLC//G�� 1��'Pei�9�'S �i� L?iWq 4
71-Am- .S�.Pv�fig �cfi t rife/ ee,�� r��r1�9GFD
,( l
DATE ILDING INSPECTOR
Use 6.2R Construction&Mobile Home Distribudoe: Whke-High Density Pink-Code Enforcement u//-Inspect File PLAN-13.05 (9.92)
F
City of San Bernardino 07-25-96
Resident Service Request
Public Information Office
300 North D Street - San Bernardino, Ca. 92418
(714) 384-5211
Request Number: 41753
Mailer Y/N: No
Request Type : 122 Property Nuisance Unsightly Pr Projected Resolution
Referral Dept : 181 Building & Safety Date : 06-29-95
Contact Name: Debra Daniels Ext : 5205 Municipal Code :
8 . 33 . O1OK/100
Location: 3505 CITRUS OFF PALM
Complainant :
Address :
City, State, Zip:
Phone :
Ward: 5
Taken By: M LAWSON Date : 06-14-95 Time: 11 : 12AM
Description:
TRASH IN YARD AND GARAGE MAY BE OPENED
836-AW
4/8/96 - T/D, PEOPLE MOVING IN AND OUT AND HOUSE NOT UP TO CODE
Action Taken:
INITIAL INSPECTION
Date: 01-09-96
By Whom: A WILLIAMS
NTA MAILED; CASE 8885
Date: 01-16-96
By Whom: A WILLIAMS (JR)
WORKERS INSIDE CLEANING; LOADING TRUCK; CUTTING AND TRIMMING
OVERGROWTH; NOP ON FILE??
Date : 06-20-96
By Whom: A WILLIAMS
Closed Date: 07-25-96 By: J RHODEN
C i t y O f S a n B e r n a r d i n o
Office of the Mayor
Interoffice Memorandum
To: Director, Code Enforcement
From: Jean Andersen, Mayor' s Representatiyle?,� e` 6-
Subject: 3505 E . CITRUS
Date: June 21, 1995
Copies:
I spoke with Danny Nolfo yesterday regarding problems at the above
address . He said someone would go out yesterday to check on it .
This morning the citizen called me back to give further details :
The house slipped off its foundation as a result of rain damage .
The interior is badly cracked. The original owners walked away
from it (it was supposedly "red-tagged" by the city) . Kenneth
Steele of Grand Terrace held a second trust deed and bought it at
auction.
There is a continuing problem with transients and drug dealers
using the house . The SBPD has been called on several occasions and
it was their recommendation that your department be contacted.
There is no power or water, the inside has been totally gutted,
including cabinets and sinks, trash is piled to the ceiling in one
room, etc . There is stagnant water in the pool . The complainant
would like the house bulldozed, or at least have the gate padlocked
so transients can' t get in.
What can we do and how soon can we do it? Many thanks, Debra .
ISARp�'kD
CITY OF
C DEPARTMENT OF PLANNING & BUILDING SERVICES
Bernardino CODE C(9 9) 384-520DIVISION
i.'
O
�oG'�DED ►!1 fie` ,
ALCON REALITY FUND 92-6 LTD RE: 3505 CITRUS ST
PO BOX 1324 SAN BERNARDINO, CA.
COLTON, CA 92324 CASE: 8885/COMPLAINT:41753
OFFICER: AL WILLIAMS
JUNE 26, 1995
Dear Owner(s) :
THIS NOTICE is hereby submitted to you as owner(s) of the above
referenced property.
A recent inspection of your property revealed conditions in
violation of the San Bernardino Municipal Code 15.24. 040. You are
required to correct these violations within TEN (10) DAYS from the
date of this notice. Your property will be reinspected to verify
compliance after the ten (10) day time frame has lapsed.
VIOLATIONS) AND CORRECTIVE ACTION REQUIRED:
SFR SINGLE FAMILY RESIDENCE (SBMC 15.24.050)
A2 UNMAINTAINED LANDSCAPING
TREES, SHRUBS, LAWNS AND OTHER PLANTINGS SHALL BE MAINTAINED,
INCLUDING REGULAR IRRIGATION, PRUNING AND CUTTING OF LAWN.
A3 WEEDS, DRY BRUSH AND OVERGROWN VEGETATION
PROPERTY SHALL BE FREE OF DEAD OR OVERGROWN VEGETATION, INCLUDING
WEEDS, TREES OR LIMBS WHICH ATTAIN EXTENSIVE GROWTH AND BECOMES A
FIRE MENACE WHEN DRY. PLEASE REMOVE OR TRIM ACCORDINGLY.
Al2 UNMAINTAINED POOL
POOLS SHALL BE SECURELY FENCED AND ADEQUATELY MAINTAINED AS
REQUIRED BY CODES. PLEASE INSPECT YOUR PROPERTY TO ENSURE
COMPLIANCE WITH THESE REQUIREMENTS.
Failure to correct the listed violation(s) within the time frame
indicated, will result in the City initiating abatement proceedings
to correct the violation(s) .
If the City is forced to proceed with the abatement proceedings,
the owner(s) of record will incur the following direct costs:
- Proceeding Establishment Costs - Certified Mailing Costs
- Hearing Costs - Photograph Costs
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North"D"Street,San Bernardino,CA 92418
? 14ARp,~p
r o CITY OF
DEPARTMENT OF PLANNING & BUILDING SERVICES
a� CODE COMPLIANCE DIVISION
ban Bernardino (909) 384-5205
ED I
ALCON REALTY FUND 92-6 LTD 3505 CITRUS STREET
PO BOX 1324 SAN BERNARDINO, CA
COLTON, CA 92324 CASE #8885/COMPLAINT #41753
ATTN: KEN STEELE OFFICER: A. L. WILLIAMS
PARCEL NO: 285-351-30
JULY 20, 1995
Dear Owner(s) :
THIS NOTICE is hereby submitted to you as owner(s) of the above
referenced property.
On JUNE 26, 1995 the property owner of record was notified via
certified mail that the above referenced property is in violation
of the San Bernardino Municipal Code 15. 04 . 020. At that time it
was requested that the property owner perform certain corrective
measures in order to comply with the City of San Bernardino
Property Maintenance Standards.
On JULY 12,1995 a subsequent inspection revealed that the requested
corrections were not completed. This notice is to emphasize our
continuing efforts to improve and maintain the safety and
appearance of our City, and to advise you that the cited
violation(s) must be corrected within 10 DAYS FROM THE DATE OF THIS
NOTICE.
VIOLATIONS) AND CORRECTIVE ACTION REQUIRED:
SFR SINGLE FAMILY RESIDENCE (SBMC 15.24.050)
A2 UNMAINTAINED LANDSCAPING
TREES, SHRUBS, LAWNS AND OTHER PLANTINGS SHALL BE MAINTAINED,
INCLUDING REGULAR IRRIGATION, PRUNING AND CUTTING OF LAWN.
A3 WEEDS, DRY BRUSH AND OVERGROWN VEGETATION
PROPERTY SHALL BE FREE OF DEAD OR OVERGROWN VEGETATION, INCLUDING
WEEDS, TREES OR LIMBS WHICH ATTAIN EXTENSIVE GROWTH AND BECOMES A
FIRE MENACE WHEN DRY. PLEASE REMOVE OR TRIM ACCORDINGLY.
Al2 UNMAINTAINED POOL
POOLS SHALL BE SECURELY FENCED AND ADEQUATELY MAINTAINED AS
REQUIRED BY CODES. PLEASE INSPECT YOUR PROPERTY TO ENSURE
COMPLIANCE WITH THESE REQUIREMENTS.
All Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North'D"Street,San Bernardino,CA 92418
NARn
U p CITY OF
DEPARTMENT OF PLANNING & BUILDING SERVICES
a� CODE COMPLIANCE DIVISION
(San Bernardino (909) 384-5205
G^�ED 1N�0
3505 CITRUS STREET
Case #8885 - A L WILLIAMS,Officer
JULY 20, 1995
Page 2
The building and or property has been posted: YES
Pre-permit inspection required: NO
If a pre-permit inspection is required, this is due to the
substandard condition and numerous violations observed at the time
of inspection(s) . You are required to obtain a pre-permit report
from the Building Inspection Division located at 300 North "D"
Street, Third Floor, San Bernardino, CA 92418. This report
provides a detailed list of structural and property maintenance
violations which may require rehabilitation permits.
A hearing on this matter had been scheduled for THURSDAY, AUGUST
31 1995 at 9:00 A.M. before the Board of Building Commissioners, at
300 NORTH ''D" STREET, CITY COUNCIL CHAMBERS, SAN BERNARDINO CA
92418. Evidence will be presented by staff at this hearing
pertinent to the abatement proceedings and direct costs incurred.
You have a right to present evidence at this hearing challenging
the abatement.
Based upon your failure to correct the violation, a Notice of
Pendency of Administrative Proceeding is being filed with the
County Recorder to give public notice of action taken by the City
of San Bernardino. A processing fee is automatically assessed at
the time of recordation.
The direct costs of the abatement proceedings incurred by the City
are attached for your review. If the abatement action and costs are
upheld by the Board of Building Commissioners, the City shall place
an assessment lien on the above property for all costs incurred.
That amount must be paid to the City Clerks Office at 300 North
I'D$' Street, Second Floor, San Bernardino, CA. 92418, within 15
days from the date of the Board of Building Commissioner's hearing.
If you disagree with the findings of the Board of Building
Commissioners, 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. A fee of $75. 00 must accompany your request.
Your written appeal must include:
AI Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North"D"Street;San Bernardino,CA 92418
NARD�NO
S� �9
A o CITY OF
r ? DEPARTMENT OF PLANNING & BUILDING SERVICES
(San Bernardino CODE CO 9) 845205 ISiON
•�Dp'�'DED'IN
3505 CITRUS STREET
Case #8885 - A L WILLIAMS,Officer
JULY 20, 1995
Page 3
(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 the Code Enforcement
Division at (909) 384-5205
Department of Planning & Building Services
Code Enforcement Division
By: a q,
A L WILLIAMS
Code Compliance Officer
ALW:ml
Att: STATEMENT OF COSTS
CC: City Clerk's Office
Greg Lee, Account Clerk
TENANT, 3505 CITRUS STREET, SAN BERNARDINO, CA 92346
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North"D"Street,San Bernardino,CA 92418
���►tWARp��
O
c r O CITY OF
DEPARTMENT OF PLANNING & BUILDING SERVICES
v •ate CODE COMPLIANCE DIVISION
•�O `p Ban bcrnardino 490913845205
ED 1114
STATEMENT OF COSTS
CASE NUMBER: 8885 Date: JULY 20, 1995
Location: 3505 CITRUS STREET SAN BERNARDINO CA
Parcel Number: 285-351-30
The undersigned respectfully submits the following statement of
costs incurred by the City of San Bernardino as a result of
abatement proceedings recently completed at the above referenced
property.
DIRECT COSTS
Code Officer Costs: $23 . 00 Hr X 3 $ 69 . 00
Clerical Staff Costs: $15. 00 Hr X 2 $ 30. 00
Supervisor Costs $28. 00 Hr X 2 $ 56. 00
City Clerk Costs $ 22 . 00
Attorney Costs $ 40. 00
Vehicle Mileage (REPEAT TRIPS) .50 per mile X 20 $ 10. 00
Photographs $2 . 00 each X 9 $ 18. 00
Title Search $ 25. 00
Certified Mailing $2 .52 each X 4 $ 10. 08
Notice of Pendency $ 125. 00
Hearing Costs $ 50. 00
SUBTOTAL $ 455.08
CONTRACTOR COSTS
Contractor: $ -------
40o Administrative Costs $ -------
Subtotal $ -------
Previous costs incurred: Contact City Clerk for $ -------
previous fees incurred
Total Amount Due $ 455.08
All costs not immediately paid will be recorded with the County Tax
Assessors Office as a lien upon the property, at which time
additional processing fees plus interest will be assessed.
If you have any questions or need clarification of this statement
of costs, please contact the City Clerk's Lien Coordinator at
(714) 384-5002 with the case number and property address.
By: aug
Code Compliance Officer
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North"D"Street,San Bernardino,CA 92418
BBC Background Report - 3505 CITRUS
Case No: 8885
Officer: A L WILLIAMS
6-20-95 An inspection was made by the Code Compliance Division.
The following conditions were observed in violation of the
SBMC:
S.B.M.C. 15.24.040 (A2) UNMAINTAINED LANDSCAPING
S.B.M.C. 15.24.040 (A3) WEEDS
S.B.M.C. 15.24.040 (Al2) UNMAINTAINED POOL
Conditions in violation of the SMBC 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.
6-26-95 A ten (10) day notice to abate violations was mailed to the
owner(s) of record via certified mail with no response.
7-12-95 A reinspection was made and the following conditions were
observed in violations of the SBMC.
CODE SECTION VIOLATION
SBMC 15.24.040 A2 UNMAINTAINED LANDSCAPING
SBMC 15.24.040 A3 WEEDS
SBMC 15.24.040 Al2 UNMAINTAINED POOL
8-3-95 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 of record shall maintain existing
landscaping to include regular irrigation, pruning and cutting of lawn;
Remove and continue to keep property free of weeds , dry brush and
overgrown vegetation; Remove and continue to maintain property by
removing trash, debris and any other item causing an unsightly
appearance or improperly store; To prevent unauthorized entry, the
owner(s) of record shall secure and continously maintain all structures
to FHA Board up Standards. The property shall not be rented, leased or
occupied until all applicable permits have been obtained and repairs
have been inspected and approved by the Building Inspection Division.
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.
Q�StNARB
- CITY OF
DEPARTMENT 01 PLANNING & BUILDING SERVICES
(San Bernardino CODE C MPL 8NCE DIVISION
�.
Alcon Realty Fund 92-6 LTD RE: 3505 Citrus Street
P. O. Box 1324 SAN BERNARDINO, CA
Colton, CA 92324 ASSESSORS NO: 285-351-30
Attn: Ken Steele ORDER NO: 2808
CASE NO: 8885/COMPLAINT: 41753
OFFICER: A. Williams
August 10, 1995
Pursuant to action of the Board of Building Commissioners taken on
August 3, 1995, a nuisance was found to exist at 3505 Citrus
Street. 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 the City Clerk's office at 384- 0�
F
Code
/gr
cc: City Clerk
Tenant, 3505 Citrus Street, SnBdno, CA 92346
1 )�> --- � t
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North"D"Street,San Bernardino,CA 92418
ARp�
S� CITY OF
p o DEPARTMENT OF PLANNING & BUILDING SERVICES
v � a
CODE COMPLIANCE DIVISION
(San I)ernardino 9 384-5205
o
OG�D£D 1N ,
ALCON REALTY FUND RE: 3505 CITRUS ST.
ATTN: KEN STEELE SAN BERNARDINO, CA
P.O. BOX 1324 CASE: 8885/COMPLAINT: 41753
COLTON, CA 92324 OFFICER: A. WILLIAMS
JANUARY 16, 1996
Dear Owner(s) :
THIS NOTICE is hereby submitted to you as owner (s) of the above
referenced property.
A recent inspection of your property revealed conditions in
violation of the San Bernardino Municipal Code 15 . 04 . 020 . You
are required to correct these violations within 10 DAYS from the
date of this notice. Your property will be reinspected to verify
compliance after the ten (10) day time frame has lapsed.
VIOLATIONS) AND CORRECTIVE ACTIONS REQUIRED:
SINGLE FAMILY RESIDENCE (SSMC 15 .24 .040)
A4 TRASH, DEBRIS AND LITTER
PROPERTY SHALL BE FREE OF ANY ITEM CAUSING AN UNSIGHTLY.
APPEARANCE. PLEASE REMOVE TRASH, LITTER, DEBRIS OR OTHER ITEM
CAUSING AN UNSIGHTLY APPEARANCE.
A9 GRAFFITI
TO PROTECT PROPERTY VALUES AND REDUCE BLIGHT, ALL BUILDINGS,
STRUCTURES, SIDEWALKS AND DRIVEWAYS SHALL BE FREE OF GRAFFITI .
PLEASE REMOVE GRAFFITI FROM ALL AFFECTED AREAS.
Al2 UNMAINTAINED POOL
POOLS SHALL BE SECURELY FENCED AND ADEQUATELY MAINTAINED AS
REQUIRED BY CODES . PLEASE INSPECT YOUR PROPERTY TO ENSURE
COMPLIANCE WITH THESE REQUIREMENTS .
The building and or property has been posted: YES
Pre-permit inspection required NO
Failure to correct the listed violation (s) within the time frame
indicated, will result in the City initiating abatement
proceedings to correct the violation(s) .
If the City is forced to proceed with the abatement proceedings,
the owner (s) of record will incur the following direct costs :
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North"D"Street,San Bernardino,CA 92418
NARp��
CITY OF
° DEPARTMENT OF PLANNING & BUILDING SERVICES
CODE COMPLIANCE DIVISION fan 1)ernardino ) 4 0
G�pED 1N
PAGE TWO
CASE: 8885
3505 CITRUS ST.
- Proceeding Establishment Costs - Certified Mailing Costs
- Hearing Costs - Photograph Costs
- Attorney Fees - Staff Costs
Also, any additional costs assessed due to possible judicial
process . In addition to the above referenced costs, all
contractor abatement costs plus an additional 40% will be charged
to the property owner-(s) as a lien upon the property and shall
become the personal obligation of the owner (s) of record.
By acting immediately to correct the violation (s) referenced, you
will avoid these and any future costs . If you object to the
determination of cited violation (s) , you must file a written
protest to the City Clerk no later than ten (10) days from the
date of this notice .
If you have any questions please contact the officer assigned to
this case between the hours of 7 :30 - 8 :30 AM and 4 :30 - 5 :30 PM
at (909) 384-5205 . Please provide either the case number or the
property location.
Your assistance in supporting the Code Compliance Division to
maintain the safety and appearance of our city is greatly
appreciated. You may contact me at the above referenced phone
number if you require further assistance.
Sincerely,
a/. i,�;"
A. L. Williams Appro;xQ 1^'�k::;;,
Code Compliance Officer Supervisor
AW:jr
CC: ECONOMIC DEVELOPMENT AGENCY, ATTN: ANGIE DALK
JACKIE ARNOLD
AI Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North"D"Street,San Bernardino,CA 92418
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1 321 EAST HIGHLAND AVENUE
SAN BERNARDINO, CALIFORNIA 92404
(909)882-1781
1/10/96
Tom Minor, Mayor
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Re: 3505 Citrus Street
San Bernardino, Ca.
Dear Tom,
Enclosed is a picture of the above property in my neighborhood.
After the heavy rain over two years ago the property was condemned. The
neighbors and I have spoke with code enforcement with no results. There
has been drug activity, cars going back and forth all night and now it looks
like a carpet junk yard.
I would appreciate it if you could help our neighborhood to get rid of this
problem.
Sincerely,
Jack R. Widmeyer
encl/cc
t
L E
ALGON REAL ESTATE
.9�
February 13, 1996
Ms. Debra Daniels and
Mr. A.L. Williams
Code Compliance Division
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
RE: 3505 Citrus St. , San Bernardino
Dear Mr. Williams & Ms. Daniels:
This letter is to advise you that we have come into
compliance with the violations in your letter of 1-16-96.
A4 Trash and debris has been removed
A9 We have requested the San Bernardino Graffiti
Division to go out and remove the graffiti
Al2 The water in the pool has been pumped and area
secured
If you have any questions, please call our office.
ikL/ i a14
KENNETH A. STEELE
KAS:dlt
P.O. BOX 1324 • COLTON, CA 92324 (909) 370-4000 • FAX (909) 370-4800
0
1 321 EAST HIGHLAND AVENUE
SAN BERNARDINO, CALIFORNIA 92404
(909)882-1781
February 22, 1996
Tom Minor, Mayor
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Re: 3505 Citrus Street
San Bernardino, Ca.
Dear Tom,
I want to thank you for the prompt response to my letter of January 10. The debris
has been removed from the exterior of the house.
This house was condemned after the rain three years ago. The house has a common wall
with the hill on the south and entraps any water from the slope of the hill. This
water plus improper grading of the lot has resulted in a large crack running through
the house from the front to the rear and through the pool at the rear.
I have not been inside the house for over two years but the neighbors that have
looked or been inside of the house tell me that the inside is completely trashed.
I believe that the cost of injecting concrete into the ground to level the house,
the repair of the house frame and roof, correction of the grading on all sides of the
house and the repair or demolition of the pool would exceed the market value of the
house.
I believe the only solution for this detriment to our neighborhood is a training
burn or demolition of the structure befor any more loss of value to the homes in our
neighborhood.
Thank you again for your assistance so far and if I or the neighbors can be of
assistance; please let me know.
Sincerely,
Jack R. Widmeyer
cc
a
May 28, 1996
Mr. Al Boughey
Director of Planning and Building Services
385 North Arrowhead Avenue
San Bernardino, Ca 92410
Re: 3505 Citrus
San Bernardino, Ca 92346
Dear Mr. Boughey,
The above property was owned by Anthony and Evelyn Minicucci. During the heavy rains the
first of 1993 the house incurred extensive damage.. We understand the Minicuccis obtained a
$100,000 loan plus a$20,000 grant from FEMA and abandoned the property in March of 1993.
The Bank of America had a first trust deed and Ken Steele had an interest in the property. The
Bank of America was uncooperative with any attempts in resolving the problem involving
neighbors of the property. Ken Steele granted the property to his Alcon Realty as of our latest
information. Our most recent contact was with Desiree of Ken Steeles office who said Ken wanted
to fix up the property and sell it.
After the Minicuccis' left in 1993 the property was condemned and graffltied. Even thought the
property was condemned the property has been occupied by a parade of people all whom knew
Ken Steele. The property has been vandalized, cabinets removed and evidence that the property
has been used as a drug lab. People were coming and going from the property at all hours of the
day and night. During these years numerous phone calls have been made to code enforcement
by the neighbors with no results. The latest enclosed letter to the Mayor along with picture finally
got the carpet removed that was stored on the property.
Our concerns are as follows. The house has a very large crack separated vertically and
horizontaly extending through the house east to west that has effected the structure of the house,
walks, roof etc. The crack also extends through the pool at the rear. The damage to the house
was caused by improper drainage away from the house. There is a hill on the south side of the
house. Any moisture on the south side is entraped by the walls of the house, garage and the
pool and must seep under the house to escape. Befor any work is done on the house positive
drainage must be obtained away from the house on all sides or the damage will reoccur.
Our neighborhood would appreciate you investigating this situation as we are afraid if cosmetic
corrections are done without proper grading that Ken Steele will sell the property and we will have
not gotten rid of this property that is depreciating our neighborhood.
Sincerely,'% Col-- E' . L-- C717A tX ,
1994 UNIFORM BUILDING CODE 1804.2-1806.1
3.Group U,Division I Occupancies.
4. Fences.
1804.3 Reports. The soil classification and design bearing capacity shall be shown on the plans,
unless the foundation conforms to Table 18-I-13.The building official may require submission of a
written report of the investigation which shall include,but need not be limited to,the following in-
formation:
1. A plot showing the location of all test borings and/or excavations.
2. Descriptions and classifications of the materials encountered.
3. Elevation of(lie water table, if encountered.
4. Recommendations for foundation type and design criteria,including bearing capacity,provi-
sions to mitigate the effects of expansive soils,provisions to mitigate the effects of liquefaction and
soil strength and the effects of adjacent loads.
5. Expected total and differential settlement.
1804.4 Expansive Soils. When expansive soils are present,the building official may require that
special provisions be made in the foundation design and construction to safeguard against damage
due to this expansiveness. The building official may require a special investigation and report to
provide these design and construction criteria. '
1804.5 Liquefaction Potential and Soil Strength Loss. When required by Section 1404.2, the
potential for soil liquefaction and soil strength loss during earthquakes shall be evaluated during the
geotechnical investigation.The geotechnical report shall assess potential consequences of any liq-
uefaction and soil strength loss,including estimation of differential settlement,lateral movement or
reduction in foundation soil-bearing capacity, and discuss mitigating measures. Such measures
shall be given consideration in the design of the building and may include, but are not limited to,
ground stabilization,selection of appropriate foundation type and depths,selection of appropriate
structural systems to accommodate anticipated displacements or any combination of these mea-
sures.
The potential for liquefaction and soil strength loss shall be evaluated for a site peak ground ac-
celeration that, as a minimum, conforms to the probability of exceedance specified in Section
1629.2. Peak ground acceleration may be determined based on a site-specific study taking into ac-
count soil mnplification effects. In the absence of such a study, peak ground acceleration may be
assumed equal to the seismic zone factor in Table 16-1.
1804.6 Adjacent Loads. Where footings are placed at varying elevations the effect of adjacent
loads shall be included in the foundation design.
1804.7 Drainage. Provisions shall be made for the control and drainage of surface water around
* buildings. (See also Section 1806.4.5.)
SECTION 1805— ALLOWABLE FOUNDATION AND LATERAL PRESSURES
The allowable foundation and lateral pressures shall not exceed the values set forth in Table 18-1-A
unless data to substantiate the use of higher values are submitted. Table 18-1-A may be used for
design of foundations on rock or nonexpansive soil for Types 11 One-hour, ll-N and V buildings
which do not exceed three stories in height or for structures which have continuous footings having
a load of less than 2,000 pounds per lineal foot(29.2 kN/m)and isolated footings with loads of less
than 50,000 pounds (222.4 kN).
SECTION 1806— FOOTINGS
1806.1 General. Footings and foundations shall be constructed of masonry, concrete or treated
wood in conformance with Division ii and shall extend below the frost line. Footings of concrete
2-49
1806.1-1806.4.6 1994 UNIFORM BUILDING CODE
and masonry shall be of solid material. Foundations supporting wood shall extend at least 6 inches
(152 nnn) above the adjacent finish grade. Footings shall have a minimum depth as indicated in
Table 18-1-D unless another depth is recommended by a foundation investigation.
The provisions of this section do not apply to building and foundation systems in those areas sub-
ject to scour and water pressure by wind and wave action.Buildings and foundations subject to such
loads shall be designed in accordance with approved national standards.
1806.2 Bearing Walls. Bearing walls shall be supported on masonry or concrete foundations or
piles or other approved foundation system which shall be of sufficient size to support all loads.
Where a design is not provided,the minimum foundation requirements for stud bearing walls shall
be as set forth in Table 18-I-D.
EXCEPTIONS: I.A one-story wood-or metal-frame building not used for human occupancy and not
over 400 square feet(37.2 m-')in floor area may be constructed with walls supported on a wood foundation
plate when approved by the building official.
2. The support of buildings by posts embedded in earth shall be designed as specified in Section 1806.7.
Wood posts or poles embedded in earth shall be. pressure treated with an approved preservative.Steel posts
or poles shall he protected as specified in Section 1807.9..
1806.3 Stepped Foundations. Foundations for all buildings where the surface of the ground
slopes more than I unit vertical in 10 units horizontal(10%slope)shall be level or shall be stepped
so that both top and bottom of such foundation are level.
1806.4 Footings on or Adjacent to Slopes.
1806.4.1 Scope. The placement of buildings and structures on or adjacent to slopes steeper than
I unit vertical in 3 units horizontal (33.3% slope) shall be in accordance with this section.
1806.4.2 Building clearance from ascending slopes. In general,buildings below slopes shall be �(
set a sufficient distance from the slope to provide protection from slope drainage,erosion and shal-
low failures.Except as provided for in Section 1806.4.6 and Figure 18-I,the following criteria will
be assumed to provide this protection. Where the existing slope is steeper than 1 unit vertical in
1 unit horizontal (100% slope), the toe of the slope shall be assumed to be at the intersection of a
horizontal plane drawn from the top of the foundation and a plane drawn tangent to the slope at an
angle of 45 degrees to the horizontal.Where a retaining wall is constructed at the toe of the slope,the
height of the slope shall be measured from the top of the wall to the top of the slope.
1806.4.3 Footing setback from descending slope surface. Footing on or adjacent to slope sur-
faces shall be founded in firm material with an embedment and setback from the slope surface suffi-
cient to provide vertical and lateral support for the footing without detrimental settlement. Except
as provided for in Section 1806.4.6 and Figure 18-1, the following setback is deemed adequate to
meet the criteria. Where the slope is steeper than l unit vertical in 1 unit horizontal (100% slope),
the required setback shall be measured from an imaginary plane 45 degrees to the horizontal,proj-
ected upward from the toe of the slope.
1806.4.4 Pools. The setback between pools regulated by this code and slopes shall be equal to one
half the building footing setback distance required by this section. That portion of the pool wall
within a horizontal distance of 7 feet(2135 min)from the top of the slope shall be capable of sup-
porting the water in the pool without soil support.
1806.4.5 Foundation elevation. On graded sites,the top of any exterior foundation shall extend
above the elevation of the street gutter at point of discharge or the inlet of an approved drainage
device a minimum of 12 inches(305 min) plus 2 percent.The building official may approve alter-
nate elevations,provided it can be demonstrated that required drainage to the point of discharge and
away from the structure is provided at all locations on the site.
1806.4.6 Alternate setback and clearance. The building official may approve alternate setbacks
and clearances.The building official may require an investigation and recommendation of a quali-
2-50
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OP „AN B£R�NAsMINO
DEPAR.TMEMT QP '3LANNiNG a
May 28, 1996 _
Mr. Al Boughey
Director of Planning and Building Services
385 North Arrowhead Avenue _
San Bernardino, Ca 92410
Re: 3505 Citrus
San Bernardino, Ca 92346
Dear Mr. Boughey, A� ----
The above property was owned by Anthony and Evelyn Minicucci. During the heavy rains the
first of 1993 the house incurred extensive damage. We understand the Minicuccis obtained a
$100,000 loan plus a $20,000 grant from FEMA and abandoned the property in March of 1993.
The Bank of America had a first trust deed and Ken Steele had an interest in the property. The
Bank of America was uncooperative with any attempts in resolving the problem involving
neighbors of the property. Ken Steele granted the property to his Alcon Realty as of our latest
information. Our most recent contact was with Desiree of Ken Steeles office who said Ken wanted
to fix up the property and sell it.
After the Minicuccis' left in 1993 the property was condemned and graffitied. Even thought the
property was condemned the property has been occupied by a parade of people all whom knew
Ken Steele. The property has been vandalized, cabinets removed and evidence that the property
has been used as a drug lab. People were coming and going from the property at all hours of the
day and night. During these years numerous phone calls have been made to code enforcement
by the neighbors with no results. The latest enclosed letter to the Mayor along with picture finally
got the carpet removed that was stored on the property.
Our concerns are as follows. The house has a very large crack separated vertically and
horizontaly extending through the house east to west that has effected the structure of the house,
walks, roof etc. The crack also extends through the pool at the rear. The damage to the house
was caused by improper drainage away from the house. There is a hill on the south side of the
house. Any moisture on the south side is entraped by the walls of the house, garage and the
pool and must seep under the house to escape. Befor any work is done on the house positive
drainage must be obtained away from the house on all sides or the damage will reoccur.
Our neighborhood would appreciate you investigating this situation as we are afraid if cosmetic
corrections are done without proper grading that Ken Steele will sell the property and we will have
not gotten rid of this property that is depreciating our neighborhood.
Sincerely,
Property owners signatures attached.
Property Owners
Cpl G�r�
3 ,
ZSyJ
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L- Q-(�,4ej
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Cr bus
cc: Mayor Tom Minor
1994 UNIFORM BUILDING CODE 1804.2-1806.1
3.Group U. Division I Occupancies.
4. Fences.
1804.3 Reports. The soil classification and design bearing capacity shall be shown on the plans,
unless the foundation conforms to Table 18-1-D.The building official may require submission of a
written report of the investigation which shall include,but need not be limited to,the following in-
formation:
1. A plot showing the location of all test borings and/or excavations.
2. Descriptions and classifications of the materials encountered.
3. Elevation of the water table, if encountered.
4. Recommendations for foundation type and design criteria, includ'nig bearing capacity,provi-
sions to mitigate the effects of expansive soils,provisions to mitigate the effects of liquefaction and
soil strength and the effects of adjacent loads.
5. Expected total and differential settlement.
1804.4 Expansive Soils. When expansive soils are present,the building official may require that
special provisions be made in the foundation design and construction to safeguard against damage
due to this expansiveness. The building official may require a special investigation and report to
provide these design and construction criteria. '
1804.5 Liquefaction Potential and Soil Strength Loss. When required by Section 1804.2, the
potential for soil liquefaction and soil strength loss during earthquakes shall be evaluated during the
geotechnical investigation.The geotechnical report shall assess potential consequences of any liq-
uefaction and soil strength loss,including estimation of differential settlement,lateral movement or
reduction in foundation soil-bearing capacity, and discuss mitigating measures. Such measures
shall be given consideration in the design of.the building and may include, but are not limited to,
ground stabilization, selection of appropriate foundation type and depths, selection of appropriate
structural systems to accommodate anticipated displacements or any combination of these mea-
sures.
The potential for liquefaction and soil strength loss shall be evaluated for a site peak ground ac-
celeration that, as a minimum, conforms to the probability of exceedance specified in Section
1629.2. Peak ground acceleration may be determined based on a site-specific study taking into ac-
count soil amplification effects. in the absence of such a study, peak ground acceleration may be
assumed equal to the seismic zone factor in Table 16-1.
1804.6 Adjacent Loads. Where footings are placed at varying elevations the effect of adjacent
loads shall be included in the foundation design.
1804.7 Drainage. Provisions shall be made for the control and drainage of surface water around
buildings. (See also Section 1806.4.5.)
SECTION 1805 — ALLOWABLE FOUNDATION AND LATERAL PRESSURES
The allowable foundation and lateral pressures shall not exceed the values set forth in Table 18-1-A
unless data to substantiate the use of higher values are submitted. Table 18-I-A may be used for
design of foundations on rock or nonexpansive soil for Types Il One-hour, ll-N and V buildings
which do not exceed three stories in height or for structures which have continuous footings having
a load of less than 2.000 pounds per lineal foot(29.2 kN/m)and isolated footings with loads of less
than 50,000 pounds (222.4 kN).
SECTION 1806— FOOTINGS
1806.1 General. Footings and foundations shall be constructed of masonry, concrete or treated
wood in conformance with Division 11 and shall extend below the frost line. Footings of concrete
2-49
1806.1-1806.4.6 1994 UNIFORM BUILDING CODE
and masonry shall be of solid material. Foundations supporting wood shall extend at least 6 inches
(152 inn) above the adjacent finish grade. Footings shall have a minimum depth as indicated in
Table 18-1-D unless another depth is recommended by a foundation investigation.
The provisions of this section do not apply to building and foundation systems in those areas sub-
ject to scour and water pressure by wind and wave action.Buildings and foundations subject to such
loads shall be designed in accordance with approved national standards.
1806.2 Bearing Walls. Bearing walls shall be supported on masonry or concrete foundations or
piles or other approved foundation system which shall be of sufficient size.to support all loads.
Where a design is not provided,the minimum foundation requirements for stud bearing walls shall
be as set forth in Table 18-I-D.
EXCEPTIONS: I. A one-story wood-or metal-frame building not used for human occupancy and not
over 400 square feet(37.2 m-')in floor area may be constructed with walls supported on a wood foundation
plate when approved by the building official.
2.The support of buildings by posts embedded in earth shall be designed as specified in Section 1806.7.
Wood posts or poles embedded in earth shall be pressure treated with an approved preservative.Steel posts
or poles shall be protected as specified in Section 1807.9..
1806.3 Stepped Foundations. Foundations for all buildings where the surface of the ground
slopes more than I unit vertical in 10 units horizontal (10%slope)shall be level or shall be stepped
so that both top and bottom of such foundation are level.
1806.4 Footings on or Adjacent to Slopes.
1806.4.1 Scope. The placement of buildings and structures on or adjacent to slopes steeper than
I unit vertical in 3 units horizontal (33.3% slope) shall be in accordance with this section.
1806.4.2 Building clearance from ascending slopes. In general,buildings below slopes shall be �(
set a sufficient distance from the slope to provide protection from slope drainage,erosion and shal-
low failures. Except as provided for in Section 1806.4.6 and Figure 18-1,the following criteria will
be assumed to provide this protection. Where the existing slope is steeper than I unit vertical in
1 unit horizontal (100% slope), the toe of the slope shall be assumed to be at the intersection of a
horizontal plane drawn from the top of the foundation and a plane drawn tangent to the slope at an
angle of 45 degrees to the horizontal.Where a retaining wall is constructed at the toe of the slope,the
height of the slope shall be measured from the top of the wall to the top of the slope.
1806.4.3 Footing setback from descending slope surface. Footing on or adjacent to slope sur-
faces shall be founded in firm material with an embedment and setback from the slope surface suffi-
cient to provide vertical and lateral support for the footing without detrimental settlement. Except
as provided for in Section 1806.4.6 and Figure 18-1, the following setback is deemed adequate to
meet the criteria. Where the slope is steeper than 1 unit vertical in I unit horizontal (100% slope),
the required setback shall be measured from an imaginary plane 45 degrees to the horizontal,proj-
ected upward from the toe of the slope.
1806.4.4 Pools. The setback between pools regulated by this code and slopes shall be equal to one
half the building footing setback distance required by this section. That portion of the pool wall
within a horizontal distance of 7 feet (2135 mm) from the top of the slope shall be capable of sup-
porting the water in the pool without soil support.
1806.4.5 Foundation elevation. On graded sites,the top of any exterior foundation shall extend
above the elevation of the street gutter at point of discharge or the inlet of an approved drainage
device a minimum of 12 inches(305 rani) plus 2 percent. The building official may approve alter-
nate elevations,provided it can be demonstrated that required drainage to the point of discharge and
away from the structure is provided at all locations on the site.
1806.4.6 Alternate setback and clearance. The building official may approve alternate setbacks
and clearances.The building official may require an investigation and recommendation of a quali-
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4 _ CITY OF
DEPARTMENT IF PLANNING & BUILDING SERVICES
CODE COMPLIANCE DIVISION(S l bernardino 384-5205
D 1*1♦0
Alcon Realty Fund 92-6 LTd. Re : 3505 Citrus Street
P. 0. Box 1324 SAN BERNARDINO, CA
Colton, CA 92324 CASE #8885/COMPLAINT #49165
OFFICER: A. Williams
August 21, 1996 PARCEL# : 285-351-30
Dear Owner (s) :
THIS NOTICE is hereby submitted to you as owner(s) of the above
referenced property.
The property owner of record was notified via certified mail that
the above referenced property is in violation of the San Bernardino
Municipal Code 15 . 04 . 020 . At that time it was requested that the
property owner perform certain corrective measures in order to
comply with the City of San Bernardino Property Maintenance
Standards .
On July 23, 1996 a subsequent inspection revealed that the required
corrections were not completed. As a result of your failure to
comply with our first notice mailed cost have been incurred. A
list of the current uncorrected violations are below.
You can avoid incurring further costs by meeting the following
requirements .
VIOLATION (S) AND CORRECTIVE ACTION REQUIRED•
SINGLE FAMILY RESIDENCE (SBMC 15 .24. 040)
DANGEROUS BUILDING (UCFADB 302 (15) - STRUCTURALLY DAMAGED
STRUCTURE. WITHIN 10 DAYS OWNER IS TO OBTAIN REQUIRED PERMITS TO
DEMOLISH THE STRUCTURALLY DAMAGED STRUCTURE. WORK IS TO BE
COMPLETED WITHIN 30 DAYS. PLEASE CONTACT THE BUILDING DEPARTMENT
AT (909) 384-5071 . YOU MUST OBTAIN THE NECESSARY PERMITS PRIOR TO
INITIATING CONSTRUCTION.
SUBSTANDARD BUILDING - (UHC SEC 1001c1,2,4, 5, 6,7) - STRUCTURAL
HAZARDS - DEFECTIVE/DETERIORATED FOUNDATIONS/FLOORING OR FLOOR
SUPPORTS, WALLS, CEILINGS, ROOFS, INSUFFICIENT TO CARRY IMPOSED
LOADS FOR SAFETY - WITHIN TEN (10) DAYS, THE PROPERTY OWNER MUST
OBTAIN A GEOLOGICAL REPORT FROM THE INSPECTION SERVICES DIVISION.
PLEASE CONTACT THE INSPECTION SERVICES DIVISION AT (909) 384-5071 .
AI Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North"D"Street,San Bernardino,CA 92418
3505 Citrus Street
Case #8885 - A. Williams, Officer
August 21, 1996
Page 2
The building and or property has been posted: Yes
Pre-permit inspection required: No - Demo Permit
& Geological Report
If a pre-permit inspection is required, this is due to the
substandard condition and numerous violations observed at the time
of inspection (s) . You are required to obtain a pre-permit report
from the Code Compliance Division located at 300 North "D" Street,
Third Floor, San Bernardino, CA 92418 . This report provides a
detailed list of structural and property maintenance violations
which may require rehabilitation permits .
A hearing on this matter had been scheduled for THURSDAY, SEPTEMBER
5, 1996 at 9 :00 A.M. before the Board of Building Commissioners,
at 300 NORTH "D" STREET, CITY COUNCIL CHAMBERS, SAN BERNARDINO CA
92418 . Evidence will be presented by staff at this hearing
pertinent to the abatement proceedings and direct costs incurred.
You have a right to present evidence at this hearing challenging
the abatement .
Based upon your failure to correct the violation, a Notice of
Pendency of Administrative Proceeding is being filed with the
County Recorder to give public notice of action taken by the City
of San Bernardino. A processing fee is automatically assessed at
the time of recordation.
The direct costs of the abatement proceedings incurred by the City
are attached for your review. If the abatement action and costs are
upheld by the Board of Building Commissioners, the City shall place
an assessment lien on the above property for all costs incurred.
That amount must be paid to the City Clerk' s Office at 300 North
"D" Street, Second Floor, San Bernardino, CA. 92418, within 15
days from the date of the Board of Building Commissioner's hearing.
If you disagree with the findings of the Board of Building
Commissioners, 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 . A fee of $75 . 00 must accompany your request .
3505 Citrus Street
Case #8885 - A. Williams, Officer
August 21, 1996
Page 3
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 the Code Compliance
Division at (909) 384-5205 .
Department of Planning & Building Services
Code Compliance Division
By: l�J� ---
Code Compliance Officer
AW:gr
Att : STATEMENT OF COSTS
CC: City Clerk' s Office
Greg Lee, Account Clerk
Kenneth A. Steele, P. O. Box 1324, Colton, CA 92324
BA Properties, Attn: Frank Barone, Dept 20106, 333 S .
Beaudry, Los Angeles, CA 90017
Equitable Deed Company, Trust Deed Unit #38434, 333 S . Beaudry
Av, 11th Flr, Los Angeles, CA 90017, TS #S1D16408-93
xArt�s�
CITY OF
DEPARTMENT OF PLANNING & BUILDING SERVICES
(San Bernardino CODE COMPLIANCE) -5205 VISION
ED IPi
STATEMENT OF COSTS
Case Number: 8885 Date: August 21, 1996
Location: 3505 Citrus SAN BERNARDINO CA
Parcel Number: 285-351-30
The undersigned respectfully submits the following statement of
costs incurred by the City of San Bernardino as a result of
abatement proceedings recently completed at the above referenced
property.
DIRECT COSTS
Code Officers Costs : $23 : 00 Hr X 3 $ 69 . 00
Clerical Staff Costs : $15 . 00 Hr X 2 $ 30 . 00
Supervisor Costs $28 . 00 Hr X 2 $ 56 . 00
City Clerk Costs $ 30 . 00
Attorney Costs $ 40 . 00
Vehicle Mileage (REPEAT TRIPS) . 50 per mile X 20 $ 10 . 00
Photographs $2 . 00 each X 30 $ 60 . 00
Title Search $ 25 . 00
Certified Mailing $2 . 52 each X 11 $ 27 , 72
Notice of Pendency $ 125 . 00
Hearing Costs $ 50 . 00
SUBTOTAL $ 522 .72
CONTRACTOR COSTS
Contractor: $
40o Administrative Costs $ -------
Subtotal $
Previous costs incurred: Contact City Clerk for $ -------
previous fees incurred
Abatement Date :
Total Amount Due $ 522 .72
All costs not immediately paid will be recorded with the County Tax
Assessors Office as a lien upon the property, at which time
additional processing fees plus interest will be assessed.
If you have any questions or need clarification of this statement
Of costs, please contact the City Clerks Lien Coordinator at
(714) 384-5002 with the case number and property address .
By: Zl/�' l.��--- ---
Code Compliance Officer
Al Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North"D"Street,San Bernardino,CA 92418
gNARp��o
CITY OF
DEPARTMENT OF PLANNING & BUILDING SERVICES
Jr ,ate � n
berficirdiflo CODE COMPLIANCE DIVISION
(909) 3845205
oG'�'DED IN 101
Alcon Realty Fund 92-6 Ltd. RE: 3505 Citrus Street
P. O. Box 1324 SAN BERNARDINO, CA
Colton, CA 92324 ASSESSORS NO: 285-351-30
ORDER NO: 3750
CASE NO: 8885/COMPLAINT: 49165
OFFICER: A. Williams
September 19, 1996
Pursuant to action of the Board of Building Commissioners taken on
September 5, 1996, a nuisance was found to exist at 3505 Citrus
Street. 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
lour 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 the City Clerk' s office at 384-5002 .
Code Compliance Officer
:gr
cc : City Clerk
Property Owner - Via First Class Mail
Kenneth A. Steele, P. 0. Box 1324, Colton, CA 92324
BA Properties, Attn: Frank Barone, Dept 20106, 333 S .
Beaudry, Los Angeles, CA 90017
Equitable Deed Company, Trust Deed Unit #38434, 333 S. Beaudry
Av, 11th Flr, Los Angeles, CA 90017, TS #S1D16408-93
Al Boughey, Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North'D'Street,San Bernardino,CA 92418
I
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO
3 ORDER NO. 3750 CASE NO. 8885
4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
5 15, Chapter 15 . 28, the Supervising Building 'Official has posted a
6 building (s) located at 3505 Citrus Street, San Bernardino,
7 California, with a "Notice to Abate Nuisance" and has notified the
8 person (s) having an interest in said property that the said
9 building (s) or premises constitute a public nuisance;
10 WHEREAS, pursuant to San Bernardino Municipal Code, the
11 Supervising Building Official has served a "Notice of Hearing
12 Before the Board of Building Commissioners of the City of San
13 Bernardino" , relating to abatement proceeding, to all person (s)
14 having an interest in the above property, and has prepared a
15 declaration of mailing of the notice, a copy of which is on file
16 in these proceedings; and;
17 WHEREAS, a hearing was held to receive and consider all
18 relevant evidence, objections or protests on September, 5, 1996,
19 and;
20 WHEREAS, there was not an appearance by any person (s) having
21 an interest in the above property.
22
23
24
25
26
27
28 ///
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3750 CASE NO. 8885
2 PAGE 2
3
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
5 SECTION 1 . Based upon the evidence submitted, it was found
6 and determined that the building (s) and or premises located at
7 3505 Citrus Street, San Bernardino, California constituted a
8 public nuisance.
9 SECTION 2 . The Board of Building Commissioners accepted
10 staff' s recommendations . The property owner (s) are hereby
11 directed to comply with the following requirements . Within ten
12 (10) days from the date of this order, the property owner shall
13 obtain required permits to demolish the structurally damaged
14 structure. All required work must be completed within thirty (30)
15 days from the date of this order. All work completed must be
16 inspected and approved by the Inspection Services Division.
17 Owner (s) shall maintain the property free from weeds, dry brush,
18 overgrown vegetation, trash, debris or any items causing an
19 unsightly appearance . The property shall meet all applicable
20 codes adopted by the City of San Bernardino.
21 SECTION 3 . Upon the owner (s) of record failure to comply
22 with the order of the Board of Building Commissioners, the Code
23 Compliance Division shall proceed to initiate abatement action by
24 obtaining an Inspection/Abatement warrant to abate violations
25 noted.
26 SECTION 4 . It was determined that the City was required to
27 initiate abatement proceedings and incurred costs in the amount of
28 522 .72 . These costs and any future additional abatements shall
j BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3750 CASE NO. 8885
2 PAGE 3
3
4 be the personal obligation of the owner and if unpaid shall be
5 recorded as a special assessment on the county tax record.
6 SECTION 5 . Upon receipt of an application from the person
7 required to conform to the order and by agreement of such person
8 to comply with the order if allowed additional time, the
9 Supervising Building Official may grant an extension of time, not
10 to exceed an additional 120 days, within which to complete said
11 repair, rehabilitation or demolition, if the Supervising Building
12 Official determines that such an extension of time will not create
13 or perpetuate a situation imminently dangerous to life or
14 property. The Supervising Building Official' s authority to extend
15 time is limited to the physical repair, rehabilitation or
16 demolition of the premises and will not in any way affect or
1extend the time to appeal the notice and order.
1
18 SECTION 6 . Any person aggrieved by this order, may appeal to
19 the Mayor and Common Council by filing a written statement with
20 the City Clerk. The statement must include the order number
21 appealed,- the specific grounds of your appeal, and the relief or
22 action sought . The written appeal must be received within fifteen
23 (15) days from the date of this order from the date of this notice
24 dated _September 19, 1996.
25
26
27
28
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3750 CASE NO. 8885
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 5th day of September
1996, by the following vote, to wit :
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso
Carol Thrasher
Amado Savala X
Larry R. Quiel X
"Joe" V. C. Suarez, Jr. X
Ruben B. Nunez K
Herbert Pollock K
Benjamin Gonzales
Leo Cash, Jr.
1 .
oard of i ding Commissioners
The foregoing order is hereby appro ed this 5th day of September,
1996 .
Chairman, Bo of Bui i g Commissioners
Approved as to form and legal content :
James F. Penman, City Attorney
By:
NARD,'�'O
C I T Y O F
� O
an bernardino
R A C H E L C L A R K
C I T Y C L E R K
October 8, 1996
World Properties, L.P.
P. O. Box 1324
Colton, CA 92324
Re: 3505 Citrus Street - Parcel No. 0285-351-30 - Case No. 8885
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 September 5, 1996 concerning the above-
referenced property.
The_appeal is scheduled to be heard on Monday, November 4, 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 Code Compliance
Division at (909) 384-5205.
Sincerely,
Rac el Clark
City Clerk
cc: City Attorney
Debra Daniel, Code Enforcement Supervisor
Administrator's Office
Gregory W. Brittain, Attorney at Law, 330 N. D St., San Bernardino, CA 92401
File
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MISCELLANEOUS CASH RE IPT No 6 9 3 0 3 7.
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