HomeMy WebLinkAbout18- Code Compliance CITY OF SAN BERNARIDINO - REQUEST FOR COUNCIL ACTION
From: Bill Skiles, Code Compliance Subject: n '> Q der.
Dept: Code Compliance Division
s OR/G
Date: October 11, 1996
MCC Date: NOVEMBER 4, 1996
Synopsis of Previous Council Action:
None
Recommended Motion:
Deny the appeal and uphold the finding of the Board of Building Commissioners
Hearing held September 5, 1996.
Will 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:
Agenda Item No.
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SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MAYOR AND COMMON COUNCIL MEETING OF November 4, 1996
REQUEST
See attached appeal received from Jaime Rosso, 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
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)
Prepared by: Debra Daniel, Code Compliance Field Supervisor for Bill Skiles
--------- --- FOR OFFICE USE ONLY
Departments Receiving Date/Time Stamp:
C pies:
R E C CI.-EP
Oriinal to: c
96 OCT -3 P 3 :05
Date of Payment Information:
Last Updated:b3/26/96 �� DFD tK �•
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 fee.
Complete All Information
Appellant Name
& Address:
Contact Person nn /
& Address:
/rim r a
Contact Person Phone
Number: Day: 47 G e/ Evening:
Affected Property
Address & APN # 3 e'�tkf S
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)
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)
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION(SBMC 2.64):
1. The specific action appealed; and date of that action:
2. The specific grounds of appeal:
3. The actions(s) sought from the legislative body:
4. Any additional information:
Signature of Appellant:
l�� Date: � y`"
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ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE ABATEMENT OF A PUBLIC NUISANCE
ORDER NO. 3702 CASE NO. 10321
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 2336 Pennsylvania, 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 buildings) 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 the 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 September 5, 1996,
18 and;
19 WHEREAS, there was not an appearance made by any person(s)
20 having an interest in the above property.
21 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
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23
24
25
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. 1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3702 CASE NO. 10321
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 2336 Pennsylvania, San Bernardino, California constituted a
6 public nuisance.
7 SECTION 2 . The Board of Building Commissioners accepted
8 staff's recommendations. The property owner(s) are hereby
9 directed to comply with the following requirements. Within ten
10 (10) days from the date of this order, the owner(s) of record
11 shall: Install landscaping where needed and shall maintain
12 existing landscaping to include regular irrigation, pruning, and
13 cutting of lawn; remove and continue to keep property free of
14 weeds, dry brush and overgrown vegetation; remove and continue to
15 maintain property by removing trash, debris and any other item
16 causing an unsightly appearance or improperly stored.
17 SECTION 3 . Upon the owner(s) of record failure to comply
18 with the order of the Board of Building Commissioners, the Code
19 Compliance Division shall proceed to initiate abatement action by
20 obtaining an Inspection/Abatement warrant to abate violations
21 noted.
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1
1
BOARD OF BUILDING COMMISSIONERS
2 ORDER NO. 3702 CASE NO. 10321
PAGE 3
3
4 SECTION 4 . It was determined that the City was required to
5 initiate abatement proceedings upon which the City incurred costs
6 in the amount of JAk2. 64 . These costs and future related
7 abatement costs shall be the personal obligation of the owner(s)
8 and shall be placed as a lien on the above property.
9 SECTION 5. Upon receipt of an application from the person
10 required to conform to the order and by agreement of such person
11 to comply with the order if allowed additional time, the
12 supervising building official may grant an extension of time, not
13 to exceed an additional 120 days, within which to complete said
repair, rehabilitation or demolition, if the supervising building
14
15 official determines that such an extension of time will not create
or perpetuate a situation imminently dangerous to life or
16 property. The supervising building official 's authority to extend
17 time is limited to the physical repair, rehabilitation or
18 demolition of the premises and will not in any way affect or
19 extend the time to appeal the notice and order.
20
21 SECTION 6. Any person aggrieved by this order, may
appeal to the Mayor and Common Council by filing a written
22 statement with the City Clerk. The statement must include the
23 order appeal, the specific PP s p grounds of your appeal, and the relief
24 or action sought. This appeal ppeal must be received within fifteen
25 (15) days from the date of this notice dated September 18, 1996.
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3702 CASE NO. 10321
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
"Joe" V. C. Suarez, Jr.
Ruben B . Nunez
Herbert Pollock
Benjamin Gonzales
Leo Cash, Jr.
erk, Boar of Building
d Commissioners
The foregoing order is hereby appr ved this 5th day of September,
1996 .
C airman, of Bu lding Commissioners
Approved as to form and legal content :
James F. Penman, City Attorney
BY: ��
Case #1-0321 BBC Background Report - 2336 Pennsylvania
Officer: D. Leeper
7-8-96 An inspection was made by the Code Compliance Division.
The following conditions were observed in violation of the
SBMC:
SBMC 15. 24 . 040 A-2 Unmaintained Landsca e
SBMC 15. 24. 040 A-4 Trash Debris Outside Storage
SBMC 15.24. 040 A-6 -Inoperable Vehicle
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.
7-15-96 A ten (10) day notice to abate violations was mailed to the
owner(s) of record via certified mail with no response.
7-29-96 Reinspections were made and the following conditions were
observed in violations of the SBMC.
CODE SECTION VIOLATION
SBMC 15. 24 . 040 A-2 Unmaintained Landsca e
SBMC 15. 24. 040 A-4 Trash Debris Outside Storage
SBMC 15. 24 . 040 A-6 Inouerable Vehicle
8-6-96 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: install landscaping
where needed and 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 stored.
(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
i
County Tax Assessor as a special assessment on the property tax records.
NAR��k
CITY OF
DEPARTMENT OF PLANNING & BUILDING SERVICES
t /
6an 15ernarditio CODE COMPLIANCE DIVISION
(909) 384-5205
Alfonso Felix
Atilana Felix
Orpha M. Lomberea LOCATION: 2336 Pennsylvania
2336 Pennsylvania SAN BERNARDINO, CA
San Bernardino, CA 92405 ASSESSORS NO: 268-481-02
ORDER NO: 3702
CASE NO: 10321
O
September 18, 1996 FFICER: D. Leeper
Pursuant to action of the Board of Building Commissioners taken on
September 5, 1996, a nuisance was found to exist at 2336
Pennsylvania. 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
conta the Ci Clerk's office at 384-5002 .
By:
Code Co 1 nce Officer
DL
cc: City Clerk's Office
Greg Lee, Account Clerk
Alfonso Felix, Atilana Felix, Orpha M. Felix, 2336
Pennsylvania, San Bernardino, CA
Southern Trust & Mortgage Company, P.O. Box 458, Los Alamitos
CA 90720
Al Boughey, Director of Planninc ano Builcing Services/Debra L. Daniel, Code Compliance Supervisor
3 C NO."r "ID"Street San -Zarnn rriinn (,A n
�EjtNARp�Ho
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
October 8, 1996
Alfonso Felix
2336 Pennsylvania
San Bernardino, CA 92405
Re: 2336 Pennsylvania - Parcel No. 0268-481-02 - Case No. 10321
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,
Rachel Clark
City Clerk
cc: City Attorney
Debra Daniel, Code Enforcement Supervisor
Administrator's Office
Gilbert Almaraz
File
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MISCELLANEOUS CASH RECEIPT No 693036
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Date ( 19 ACCOUNT NO. AMOUNT
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