HomeMy WebLinkAbout20- Code Compliance CITY OF SALT BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bill Skiles, Code Compliance Subject:Appeal of the Board of Building Commissioner's
Dept: Code Compliance Division Order 941 NORTH "G" STREET, SAN BERNARDINO, CA
Date: October 30, 1996
MCC Date: November 4, 1996
Synopsis of Previous Council Action: COPY
None
Recommended Motion:
Deny the appeal and uphold the finding of the Board of Building Commissioners
Hearing held August 1, 1996.
Bill Skiles, Code Compliance Manager
Contact person: Bill Skiles Phone: 384-5122
Supporting data attached: Staff Report Ward(s): 2
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.c-;:? Q
Continued to ��/� Z/g�� ///06-
SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
MAYOR AND COMMON COUNCIL MEETING OF November 4, 1996
REQUEST
See attached appeal received from Robert Dahms, 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 August 1, 1996.
Attach: Appeal
Staff Report
Resolution Order
Photos (to be distributed at meeting)
Prepared by: Debra Daniel, Code Compliance Field Supervisor for Bill Skiles
.(tNA,Rp�1'o /
C I T Y O F
O
an bernardino
DED 1'i�e`C
R A C H E L C A R K
C I T Y C ,L E R K
October 1, 1996
Robert Dahms
P.O. Box 489
Pomona, CA 91769
Re: 941 North "G" Street - Parcel No. 0140142330000 - Case No. 9849
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 August 1, 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
File
P . O . B O X 1 3 1 8 S A N B E R N A R 0 1 N O , C A 9 2 4 0 2
3 0 0 N O R T H 0 S T R E E T S A N B E R N A R D I N O
C A L I F O R N I A 9 2 4 1 8 . 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 S i S 8
TO D / T T Y -( 9 0 9 ) 3 8 4 . S S 4 0
Case No: 9849 BBC Background Report - 941 NORTH 'G' STREET
Officer: BRANDOL EADS
03-20-96 An inspection was made by the Code Compliance Division.
The following conditions were observed in violation of the
SBMC:
SBMC 15 . 24 . 040 Al LACK OF LANDSCAPING
SBMC 15 . 24 . 040 A4 TRASH DEBRIS LITTER
SBMC 15 . 24 . 040 A5 VEHICLES PARKED ON UNIMPROVED SURFACE
SBMC 15 . 24 . 040 A3 WEEDS DRY BRUSH & OVERGROWN VEGETATION
SBMC 15 . 24 . 040 A6 ABANDONED VEHICLE PARTS
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.
04-02-96 A ten (10) day notice to abate violations was mailed to the
owner (s) of record via certified mail with no response.
04-17-96 A reinspection was made and the following conditions were
observed in violations of the SBMC.
CODE SECTION VIOLATION
SBMC 15 . 24 . 040 Al LACK OF LANDSCAPE
SBMC 15 . 24 . 040_A4 TRASH, DEBRIS LITTER
SBMC 15 . 24 . 040 A3 WEEDS, DRY BRUSH & OVERGROWN VEGETATION
SBMC 15 . 24 . 040 A5 VECHILES PARKED ON UNIMPROVED SURFACE
STRUCTURE REQUIRES FENCE REPAIR
04-29-96 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 .
Mee. �prs'_ �
� STAFF RECOMMENDATION
62 WY' /N Vp�M� %N t r
(A) That the Board find a nuisance existed at the time of original
inspection and continues to exist;
(B) Within ten (10) days, the owner of record must remove trash, debris,
weeds, dry brush and overgrown vegetation, and any other item causing an
unsightly appearance or improperly stored; repair or replace fence,
remove vehicle from unimproved surface.
(C) Upon the owner(s) of record failure to comply with the order of the
Board of Building Commissioners, the Code Compliance Division shall
obtain an Inspection/Abatement warrant to abate violations noted.
(D) Due to the owner(s) of record failure to respond or comply within the
time frame stated on the previous notice of violations issued, the
owner(s) shall incur these direct costs and any additional abatement
costs as a lien upon record, and if not paid, shall be recorded with the
County Tax Assessor as a special assessment on the property tax records.
VARO,A%
CITY OF
o o DEPARTMENT 01 PLANNING 1 1111,11, SERVICES
(San 15erfiardifio CODE COMPLIANCE DIVISION
O
��GtioED,IN
Lorraine Gasparrelli RE: 941 North "G" Street
& Robert Dahms, Jr. SAN BERNARDINO, CA
P. O. Box 489 ASSESSORS NO: 140-142-33
Pomona, CA 91769-0489 ORDER NO: 3589
CASE NO: 9849/COMPLAINT: 46064
OFFICER: B. Eads
August 8, 1996
Pursuant to action of the Board of Building Commissioners taken on
Aucxust 1, 1996, a nuisance was found to exist at 941 North "G"
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 384-5002 .
By:
Code Compliance Officer
:gr
CC : City Clerk
Property Owner - Via First Class Mail
Lorraine Gasparrelli/Robert Dahms, 835 Duval, La Verne, CA
91750, Escrow #584-MC
Sears Mortgage Corp. , 1333 Mayflower, Suite #110, Monrovia,
CA 91016
Tenant, 941 North "G" Street, SnBdno, CA 92410
Robert Dahms, Jr. , P. 0. Box 3178, Dana Point, CA 92629
AI Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North'D'Street,San Bernardino,CA 92418
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
OF THE CITY OF SAN BERNARDINO
2
ORDER NO. 3589 CASE NO. 9849
3
4
5 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
6 15, Chapter 15 . 28, the Building Official has posted a building (s)
7 located at 941 North "G" Street, San Bernardino, California, with
8 a "Notice to Abate Nuisance" and has notified the person(s) having
an interest in said property that the said building(s) or premises
9
constitute a public nuisance;
10
11 WHEREAS
pursuant to San Bernardino Municipal Code, the
12 Building Official has served a "Notice of Hearing Before the Board
13 of Building Commissioners of the City of San Bernardino" , relating
14 to abatement proceeding, to all person (s) having an interest in
15 the above property, and has prepared a declaration of mailing of
16 the notice, a copy of which is on file in these proceedings; and;
17 WHEREAS, a hearing was held to receive and consider all
18 relevant evidence, objections or protests on Aucrust 1, 1996, and;
19 WHEREAS, there was an appearance made by Robert Dahms, owner
20 of the above referenced property.
21
22
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24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3589 CASE NO. 9849
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 941
7 North "G" Street, San Bernardino, California constituted a public
8 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 must remove trash, debris, weeds,
13 dry brush and overgrown vegetation, and any items causing an
14 unsightly appearance or is improperly stored; repair or replace
15 fence, remove vehicle from unimproved surface . The property shall
16 meet all applicable codes adopted by the City of San Bernardino.
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.
22 SECTION 4 . It was determined that the City was required to
23 initiate abatement proceedings and incurred costs in the amount of
24 $460 .12 . These costs and any future additional abatements shall
25 be the personal obligation of the owner and if unpaid shall be
26 recorded as a special assessment on the county tax record.
27 SECTION 5 . Any person aggrieved by this order, may appeal to
28 the Mayor and Common Council by filing a written statement with
f
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3589 CASE NO. 9849
2 PAGE 3
3
4 the City Clerk. The statement must include the order number
appealed, the specific grounds of your appeal, and the relief or
5
action sought . The written appeal must be received within fifteen
6
(15) days from the date of this notice dated August 8L1996.
8
10
11
12
13
14
15
16
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18
19
20
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28 ///
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3589 CASE NO. 9849
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 1st day of Au crust 1996,
by the following vote, to wit :
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso x
Carol Thrasher x
Amado Savala �(
Larry R. Quiel �(
"Joe" V. C. Suarez, Jr. !�
Ruben B. Nunez X
Herbert Pollock x
Benjamin Gonzales }`
Leo Cash, Jr.
Clerk, Board of Building Commissioners
The foregoing order is hereby approved this 1st day of August,
1996 .
ha rman, card of it ng ommissioners
Approved as to form and legal content :
James F. Penman, City Attorney
By:
ROBERT DAHMS P.O. BOX 489 �OIFT
POMONA, CA. 91769
909 629-4349 '96 31:G 22 P 3 :46
909 629-4367 FAX
AUGUST 19,1996
SAN BERNARDINO CITY CLERK'S OFFICE
300 NORTH "D" STREET, 2ND FLOOR
SAN BERNARDINO, CA. 92418
ENCLOSED IS A CHECK FOR $75.00 PER THE APPEAL REQUIREMENT OF
THE LETTER FROM THE CITY TO ME DATED AUGUST 8, 1996.
RESPECTFULLY, I AM APPEALING THE DECISION MADE WITH RESPECT
TO MY PROPERTY LOCATED AT 941 NORTH "G" STREET. THE
ASSESSOR'S PARCEL NUMBER IS 0140142330000.
YOUR LETTER INDICATES THE ORDER NUMBER IS 3589, THE CASE
NUMBER IS 9849 AND THE COMPLAINT NUMBER IS 46064. THE OFFICER'S
NAME IS B. EADS.
MY SPECIFIC GROUNDS FOR APPEAL ARE AS FOLLOWS:
1. NO NOTICE OF REQUIREMENT TO REPAIR PRIOR TO ISSUANCE OF
NOTICE TO ABATE. PROPERTY OWNER PROVIDED CITY WITH OWNER'S
NAME "ROBERT DAHMS - SOLELY" CURRENT ADDRESS AND TELEPHONE
NUMBER. NOTWITHSTANDING, CITY FAILED TO DIRECT NOTICE TO
PROPER ADDRESS AND OWNER THE CITY DID NOT ATTEMPT TO CALL
EVEN THOUGH THIS INFORMATION WAS ON FILE WITH THE CITY'S
BUSINESS LICENSE DIVISION BECAUSE MR. DAHMS HAS A BUSINESS
LICENSE FOR THIS PROPERTY WITH THE ACCURATE NOTIFICATION
INFORMATION ON FILE WITH THE CITY.
2. OWNER, ROBERT DAHMS, SUBSTANTIALLY COMPLETED ALL
WORK REQUIRED IN THE NOTICE PRIOR TO RECEIPT OF THE SAME. MR.
DAHMS ALSO COMPLETED THE CRIME FREE RENTAL HOUSING
PROGRAM OFFERED BY THE CITY FOR LANDLORDS.
3. CITY IS ESTOPPED FROM ASSERTING NUISANCE IN LIGHT OF CITY
OFFICIAL'S REPRESENTATION THAT WORK CONDUCTED BY MR. DAHMS,
PRIOR TO RECEIPT OF THE NOTICE RECTIFIED THE NUISANCE EXISTING
ON THE PROPERTY.
4. CITY DEPARTMENT OF PLANNING AND BUILDING SERVICES,
HOUSING INSPECTOR, PATRICK SMITH REPRESENTED TO ROBERT
DAHMS THAT HE WOULD TRY TO GET THE CITY TO TAKE THE HEARING
OFF CALENDAR DUE TO THE COMPLIANCE OF MR. DAHMS AND THE
LACK OF COMMUNICATION WITHIN THE CITY'S OWN DEPARTMENTS.
5. THE FAILURE OF THE BOARD OF BUILDING COMMISSIONERS TO
PROVIDE MR. DAHMS WITH DUE PROCESS BY FIRST REQUESTING AND
THEN REFUSING TO PERMIT THE INTRODUCTION OF VISUAL
REPRESENTATIONS OF MR. DAHMS' COMPLIANCE.
6. THE CITY ATTORNEY'S FAILURE AND REFUSAL TO PROVIDE THE
BOARD OF BUILDING COMMISSIONERS WITH THE EVIDENCE AND PAPER
TRAIL OF COMPLIANCE SUPPLIED TO THE BOARDS' REPRESENTATIVE
BY MR. DAHMS.
THE RELIEF OR ACTION SOUGHT FROM THE MAYOR AND COMMON
COUNCIL IS AS FOLLOWS:
MR. DAHMS REQUESTS THAT THE MAYOR AND COMMON COUNCIL OR
THE BOARD OF BUILDING COMMISSIONERS REVERSE THEIR FINDINGS
AND WITHDRAW THE REQUEST FOR ALL FEES AND IN THE FUTURE CALL
FIRST IF THE CITY IS AWARE OF ANY PROBLEMS SO THAT THEY CAN BE
QUICKLY MITIGATED AND THEREBY MAINTAIN A PLEASANT AND
ESTHETIC ENVIRONMENT.
OBERT DAHMS
PROPERTY OWNER OF 941 N. "G" STREET
CC JAY BERGER, ATTORNEY AT LAW
30100 TOWN CENTER DRIVE, SUITE 196
LAGUNA N I G U EL,CA 92677
714 495-5192
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