HomeMy WebLinkAbout21- City Attorney ORIGN4L
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman Subject: 2122 Arden, 2028 Newcomb, 2004 Newcomb, 2050
City Attorney Newcomb, 2122 McKinley, 2157 Sunrise and 2075
Sunrise.
Dept.: City Attorney's Office
Date: November 4, 1996
Synopsis of Previous Council action:
On September 23, 1996, the Council denied the owner's appeal and sustained BBC orders 3072
and 3555 regarding 2157 and 2075 Sunrise Lane respectively.
Recommended motion:
1) That Council sustain BBC Orders 3520, 3523, 3529, 3521, 3533, 3072, 3555
3770 and 3771 regarding 2122 Arden, 2028 Newcomb, 2004 Newcomb, 2050 Newcomb, 2122
McKinley, 2157 Sunrise and 2075 Sunrise respectfully. (See page 2 and staff report).
0 Signature
Contact person: James F. Penman Phone: 5355
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Entered into AeCOrd St
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by woman Agenda Item No.
re Agenda Item I
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City C6erkl ICOC Secy
City of San Bernardino �`����
I .
1
BEFORE THE MAYOR AND COMMON COUNCIL
3 OF THE CITY OF SAN BERNARDINO
4
5
6
7 In the Matter of the Hearing of ) FINDINGS OF FACT
8 TOM AND CRYSTAL WILLIAMS ) AND STATEMENT OF
DECISION.
9
(Owners of the properties listed below) )
10
11 The above-captioned matter concerning the property owner's hearing of the following
properties
12
2122 Arden 2028 Newcomb Street
1' 2004 Newcomb Street 2050 Newcomb Street
14 2122 McKinley 2157 Sunrise Lane
15 2075 Sunrise Lane
16 came on for hearing on November 4, 1996, before the Mayor and Common Council of the
17 City of San Bernardino, in the Council Chambers of the City at 300 North "D" Street, San
18 Bernardino, California 92418.
19
20 THOMAS WILLIAMS represented both owners of said properties throughout the
21
hearing. The City was represented by Deputy City Attorney Charlene D. Kobrine. A quorum
22
of the Common Council heard the testimony, examined the proofs offered by the parties, and
23
reviewed the record. The Mayor and Council being fully advised, makes its Findings of Fact
24
and Statement of Decision as follows:
25
26
27
28
1
1 FINDINGS OF FACT
3 A) Council adopts the following findings with respect to the properties located at
4 2122 Arden, 2028 Newcomb, 2004 Newcomb, 2050 Newcomb and 2122 McKinley:
5 1. On July 11, 1996, a hearing on the above-listed properties was held
6 before the Board of Building Commissioners. (Hereinafter referred to as "BBC")
7 2. The property owner, the FDIC, was represented by Attorney DEBRA
8 MYERS throughout the hearing. The City was represented by Deputy City Attorney Stacey
9 Aldstadt.
10 3. During the hearing, the BBC considered testimony, evidence, argument
11 and photographs from Code Enforcement Officer Bert Bene, Code Compliance Supervisor
12 Debra Daniel and FDIC attorney Debra Myers.
1 4. The Code Compliance staff reports submitted to the BBC regarding the
14 above-listed properties specified in detail the code violations observed and the owner's non-
15 compliance. In addition to the code violations, the buildings had been abandoned for several
16 years and on occasion inhabited by transients.
17 5. Based on the code violations, the Code Compliance staff reports
18 recommended to the BBC that a pre-permit inspection should be required for each of the
19 properties and that the owner should be required to obtain permits to rehabilitate or demolish
20 the buildings within ten (10) days from the date of the BBC order and complete rehabilitation
21 or demolition within thirty (30) days from the date of the BBC order.
22 6. FDIC attorney Debra Myers addressed the BBC and represented that the
2' FDIC was attempting to sell the properties and requested additional time to comply with any
24 BBC orders issued. Ms. Myers also represented to the BBC that the FDIC would include
25 notice to any prospective bidders of the pending BBC orders in the bid package.
26 7. After considering all relevant testimony, evidence, argument from Debra
27 Myers and all other interested parties, the BBC closed the hearing and voted to adopt the staff
28
2
I recommendations and ordered the owner to obtain permits to rehabilitate or demolish the
2 structures within sixty (60) days from the date of the BBC order, and complete rehabilitation
3 or demolition within ninety (90) days from the date of the BBC order.
4 8. The FDIC auction was held on July 25, 1996. The current owner of the
5 properties, Tom Williams was the successful bidder. Mr. Williams obtained the property from
6 the FDIC in a quit claim deed and recorded title to the property on August 23, 1996.
7 9. On August 29, 1996, Joe Lease, the Inspection Services Supervisor of
8 the Department of Planning and Building Services sent Mr. Williams a letter informing him of
9 the BBC deadlines to obtain permits by September 16, 1996 and complete rehabilitation or
10 demolition by October 16, 1996.
11 10. On September 5, 1996, Mr. Williams applied for pre-permit inspections
12 for 2122 Arden and 2122 McKinley Streets.
13 11. On September 10, 1996, Mr. Williams applied for pre-permit
14 inspections for 2028, 2004 and 2050 Newcomb Street as well as eighteen (18) other Arden-
15 Guthrie properties, three (3) working days before the permit deadline.
16 12. On September 16, 1996, Mr. Williams obtained permits for 2122 Arden,
17 2028 Newcomb, 2004 Newcomb, 2050 Newcomb and 2122 McKinley.
18 13. On October 16, 1996, Mr. Williams failed to comply with the BBC
19 orders and complete rehabilitation at 2122 Arden, 2028 Newcomb, 2004 Newcomb, 2050
20 Newcomb and 2122 McKinley.
21
22
B) Council adopts the following findings with respect to the property located at 2157
2' Sunrise Lane:
24 1. On December 7, 1995, a noticed hearing regarding 2157 Sunrise Lane was
25 held before the BBC.
26
2. A Code Compliance staff report was submitted to the BBC and specified
27
in detail the code violations observed and the owner's non-compliance.
28
CDK/tbm[findings] 3
1 3. The BBC adopted the staff report and made a finding that the property
2 located at 2157 Sunrise Lane constituted a public nuisance.
3 4. As a result of the finding, on December 22, 1995, the BBC issued order
4 no. 3072, and ordered the property owner to apply for rehabilitation permits within ten (10) days,
5 obtain permits within thirty (30) days of the application, commence rehabilitation within sixty
6 (60) days of obtaining the permits, and complete rehabilitation within six (6) months or demolish
7 the building. If the owner elected to demolish the structure, the owner was required to apply for
8 demolition permits within ten (10) days and complete demolition within three (3) months
9 thereafter.
10 5. As a result of the owner's failure to comply with the first condition of the
11 BBC Order (apply for either a rehabilitation or demolition permit within ten (10) days from the
12 date the order was issued), the City commenced abatement proceedings in the first quarter of
13 1996.
14 6. On March 1, 1996, the City opened the bid process for the demolition
15 contract at 2157 Sunrise Lane.
16 7. On or between March 1, 1996 and April 17, 1996, before Mr. Williams,
17 the current owner, purchased the property, staff was informed by the seller's agent that the
18 property was in escrow to be sold to a buyer interested in rehabilitating the property. The agent
19 requested and staff granted a ninety (90) day suspension of the abatement action to allow the
20 buyer adequate time to close escrow and accomplish the rehabilitation.
21 8. The new owner, Mr. Tom Williams, applied for a pre-permit
22 inspection at the Department of Planning and Building Services on April 17, 1996.
23 9. Since April 17, 1996, Mr. Williams has failed to obtain a permit, or to
24 commence or complete rehabilitation of the property within ninety (90) days.
25 10. According to staffs recollection, the ninety (90) day extension was
26 granted in March of 1996. However, giving Mr. Williams the benefit of the doubt as to when
27 the ninety (90) day extension was granted, the deadline to complete rehabilitation from the April
28
CDK/tbm[findings] 4
1 17, 1996 pre-permit inspection application was July 16, 1996.
2 11. On September 30, 1996, Mr. Williams appeared at the Department for
3 Planning and Building Services and applied for a permit to rehabilitate the property. The
4 Department of Planning and Building Services denied Mr. Williams' request for a permit
5 because he failed to rehabilitate the property by July 16, 1996, the ninety (90) day deadline.
6 12. Mr. Williams was contacted to appear at the September 5, 1996 BBC
7 hearing regarding the property located at 2157 Sunrise Lane . Mr. Williams did in fact appear.
8 and the BBC ratified the ninety (90) day extension given to allow Mr. Williams the opportunity
9 to rehabilitate the property. The extension granted by staff ended on July 16, 1996. Mr.
10 Williams was not granted an additional ninety (90) day extension.
11 13. On September 23, 1996, during an appeal, the Council upheld BBC order
12 no. 3072 with respect to the property located at 2157 Sunrise Lane.
1' 14. On October 3, 1996, the BBC issued order no. 3771. A copy of the order
14 was sent to Mr. Williams. Section 1 of the order states that the BBC ratified a ninety (90) day
15 extension from the original December 22, 1995, BBC order no. 3072.
16
17
18 C) Council adopts the following findings regarding the property located at 2075
19 Sunrise Lane:
20 1. On July 11, 1996, a noticed hearing regarding the property located at 2075
21 Sunrise Lane was held before the BBC.
22 1 A Code Compliance staff report submitted to the BBC specified in detail
2' the code violations observed and the owner's non-compliance.
24 3. The BBC adopted the staff report and made a finding that the property
25 located at 2075 Sunrise Lane constituted a public nuisance.
26 4. As a result of the finding, on July 19, 1996, the BBC issued order no.
27
3555, and ordered the property owner to obtain permits to rehabilitate or demolish the structure
28
CDK/tbm[findings] 5
I within ten (10) days and complete rehabilitation or demolition within thirty (30) days.
2 5. Due to a misunderstanding, the owner, Mr. Williams, was given an
3 additional ten (10) days to obtain a pre-permit inspection.
4 6. On July 30, 1996, Mr. Williams applied for a pre-permit inspection but
5 never requested an inspection, obtained a permit or completed rehabilitation of the property.
6 7. Mr. Williams was contacted to appear at the September 5, 1996 BBC
7 hearing regarding the property located at 2075 Sunrise Lane . Mr. Williams did in fact appear,
8 and the BBC ratified the ten (10) day extension. Based on the ten (10) day extension, permits
9 were required to be obtained by August 7, 1996.
10 8. On September 19, 1996, the BBC issued order no. 3770. A copy of the
11 order was sent to Mr. Williams. Section 1 of the BBC order states that the BBC ratified a ten
12 (10) day extension as to all deadlines reflected in BBC order no. 3555.
' 9. September 13, 1996, Building Inspector Mark Farrell sent a letter to Mr.
14 Williams explaining that (1) the BBC "did not grant any additional extensions", (2) that
15 although Mr. Williams filed an application for a pre-permit inspection, he had not requested an
16 inspection, and (3) it was the City's intention to proceed with abatement. The letter also stated
17 that if Mr. Williams disagreed with the actions of the BBC, he could file an appeal with the
18 Mayor and Common Council within fifteen (15) days of the letter.
19 10. Mr. Williams never filed an appeal or obtained a permit by the August 7,
20 1996 deadline.
21 11. On September 23, 1996, during an appeal, the Council upheld BBC order
22 no. 3555 with respect to 2075 Sunrise Lane.
23
24 CONCLUSION
25
26 In denying the property owner's appeal, the Common Council sustained the Board of
27 Building Commissioners' orders 3520, 3523, 3529, 3521, 3533, 3072, 3771, 3555 and 3770
28
CDK/tbm[findings] 6
I and hereby adopts the findings made by the Board of Building Commissioners that the above-
2 listed properties did in fact constitute public nuisances and or dangerous buildings based on the
3 evidence, testimony, and argument of all interested parties present at the hearing, including
4 property owner Tom Williams, and the Code Compliance staff reports submitted to and
5 adopted by the Board of Building Commissioners.
6
7 STATEMENT OF DECISION
8
9 The Mayor and Common Council of the City of San Bernardino does hereby order as
10 follows:
11 The Appeal by Tom and Crystal Williams (owners of the above listed properties) from the
12 above-listed BBC orders is hereby DENIED.
13
14 Dated: C2
15 APPROVED:
16
17
18 o inor, May—or
19
20
21
22
23
24
25
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I i�F� r/llT �5-/MFF
1 � 1
7-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Bill Skiles, Subject: 2122 Arden, 2028 Newcomb, 2004 Newcomb, 2050
Code Compliance Manager Newcomb, 2122 McKinley, 2157 Sunrise and 2075
Sunrise.
Dept.: Department of Planning and Building Services
Date: November 4, 1996
Synopsis of Previous Council action:
On September 23, 1996, the Council denied the owner's appeal and sustained BBC orders 3072
and 3555 regarding 2157 and 2075 Sunrise Lane respectively.
Recommended motion:
1) That Council sustain BBC Orders 3520, 3523, 3529, 3521, 3533, 3072, 3555
3770 and 3771 regarding 2122 Arden, 2028 Newcomb, 2004 Newcomb, 2050 Newcomb, 2122
McKinley, 2157 Sunrise and 2075 Sunrise res ectf y. (See page 2 and staff report).
Signature
Contact person: Bill Skiles Phone: 5543
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
ll �/ qla
Agenda Item No.
CDK/tbm[williams.rcal
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
PAGE 2
1) That Council adopt the findings made by the Board of Building Commissioners
that 2122 Arden, 2028 Newcomb, 2004 Newcomb, 2050 Newcomb and 2122 McKinley did in
fact constitute public nuisances and or dangerous buildings based on the evidence, testimony,
and argument of all interested parties present at the hearing, including Attorney Debra Myers,
representing the property owner the FDIC, and the Code Compliance staff reports submitted to
and adopted by the Board of Building Commissioners, and sustain the July 18, 1996, BBC
orders 3520, 3523, 3529, 3521, and 3533, which provide:
"Within sixty (60) days from the date of this order, owner(s) of record
shall obtain the required permits to rehabilitate or demolish abandoned
structures (s). Rehabilitation or demolition shall be completed within
ninety (90) days from the date of this order."
2) That Council adopt the findings made by the Board of Building Commissioners
that 2157 Sunrise did in fact constitute a public nuisance and or dangerous building based on the
evidence, testimony, and argument of all interested parties present at the hearing, including the
Code Compliance staff report submitted to and adopted by the Board of Building
Commissioners, and sustain the December 22, 1995, BBC order 3072, which provides:
"That the property owner apply for rehabilitation permits
within ten(10) days, obtain such permits within thirty
(30) days of said application, commence rehabilitation
within sixty (60) days of obtaining permits, and
complete rehabilitation within six (6)months thereafter,
or demolish the structure. If the property owner elects
to demolish the structure, he shall be directed to apply
for Demolition permits within ten(10) days and complete
demolition within three (3) months thereafter."
3) That Council adopt the findings made by the Board of Building Commissioners
that 2075 Sunrise did in fact constitute a public nuisance and or dangerous building based on the
evidence, testimony, and argument of all interested parties present at the hearing, including the
Code Compliance staff report submitted to and adopted by the Board of Building Commissioners
and sustain the July 19, 1996 BBC order 3555 which provides:
"Within ten (10) days, owner(s) of record shall obtain
the required permits to rehabilitate or demolish
abandoned structures (s). Rehabilitation or
demolition shall be completed within thirty (30) days.
4) That Council ratify the actions of the BBC at the September 5, 1996 BBC hearing
regarding 2157 Sunrise and 2075 Sunrise as reflected in BBC orders 3770 and 3771.
CDK/tbm[wi11 iams.rca]
STAFF REPORT
Council Meeting Date: Monday November 4, 1996
TO: Mayor and Common Council
FROM: Bill Skiles, Code Compliance Manager
DATE: November 4, 1996
AGENDA ITEM: Sunrise and Arden Guthrie Properties:
2122 Arden 2028 Newcomb
2004 Newcomb 2050 Newcomb
2122 McKinley 2157 Sunrise
2075 Sunrise
ARDEN GUTHRIE PROPERTIES:
On or between April 16, 1996 and May 1, 1996, the Code Compliance Division of the
Department of Planning and Building Services inspected the Arden Guthrie properties listed
above.' As a result of the inspections, the Code Compliance Officer observed code violations.
The property owner (s) of record were notified of the code violations and a hearing before the
Board of Building Commissioners was scheduled.
On July 11, 1996, a hearing to address the code violations was heard by the BBC. Debra Myers,
the attorney representing the property owner, FDIC, was present at the hearing and addressed the
BBC. After receiving and considering all relevant evidence, objections or protests, regarding
the Arden, McKinley and Newcomb Streets properties, the BBC determined these properties
constituted a public nuisance.
Based on a finding that a nuisance existed, the staff recommendation from Code Compliance
recommended that pre-permit inspections should be required and that within ten (10) days, the
owner (s) of record shall obtain the required permits to rehabilitate or demolish the structures and
that the work is to be completed within thirty (30) days.
Instead, the BBC ordered the property owner (s) to comply with the following order as of July
18, 1996:2
"Within sixty (60) days from the date of this order, owner (s) of record
shall obtain the required permits to rehabilitate or demolish abandoned
structure (s). Rehabilitation or demolition shall be completed within
'Excluding the Sunrise properties.
2See attachment
CITY OF SAN BERNARDINO - STAFF REPORT
PAGE 2
ninety (90) days from the date of this order."
On or about July 18, 1996, notice of the BBC decision was sent to the property owner, the FDIC,
and all other interested property owners. The notice sent to the property owner (s) also informed
the owner of the right to appeal the BBC order within fifteen (15) days from the date of the order.
The sixty day deadline to obtain permits expired on September 16, 1996. By September 16th,
Tom Williams, the current property owner had obtained permits for 2122 Arden, 2028
Newcomb, 2004, 2050 Newcomb and 2122 McKinley. However, October 16, 1996, was the
deadline to complete rehabilitation on the properties with permits. As of October 16, 1996, Mr.
Williams failed to comply with the BBC orders and complete rehabilitation at 2122 Arden, 2028
Newcomb, 2004 Newcomb, 2050 Newcomb and 2122 McKinley.
SUNRISE PROPERTIES
2157 Sunrise Lane
The property at 2157 Sunrise Lane has been the subject of numerous abatement actions.
On December 7, 1995, the BBC made a finding that the property located at 2157 Sunrise Lane
constituted a public nuisance. As a result of the finding, on December 22, 1995, the BBC issued
order no. 30723 ordering the property owner to apply for rehabilitation permits within ten (10)
days, obtain permits within thirty (30) days of the application, commence rehabilitation within
sixty (60) days of obtaining the permits, and complete rehabilitation within six (6) months or
demolish the building. If the owner elected to demolish the structure, the owner was required to
apply for demolition permits within ten (10) days and complete demolition within three (3)
months thereafter.
As a result of the owner's failure to comply with the first condition of the BBC Order (apply for
either a rehabilitation or demolition permit within ten (10) days from the date the order was
issued), the City commenced abatement proceedings in the first quarter of 1996. On March 1,
1996, the City opened the bid process for the demolition contract at 2157 Sunrise Lane. Shortly
thereafter, on or between March 1, 1996 and April 17, 1996, before Mr. Williams purchased the
property, staff was informed by the seller's agent that the property was in escrow to be sold to a
buyer interested in rehabilitating the property. The agent requested and staff granted a ninety
(90) day suspension of the abatement action to allow the buyer adequate time to close escrow and
accomplish the rehabilitation. The new owner, Mr. Tom Williams applied for a pre-permit
3See attachment
CDK/tbm[williams.sr]]
CITY OF SAN BERNARDINO - STAFF REPORT
PAGE 3
inspection at the Department of Planning and Building Services on April 17, 1996. Since that
date, the owner has failed to obtain a permit, or to commence or complete rehabilitation of the
property. According to staff s recollection, the ninety (90) day extension was granted in March
of 1996. However, giving Mr. Williams the benefit of the doubt as to when the ninety (90) day
extension was granted, the deadline to complete rehabilitation from his April 17, 1996 pre-permit
inspection application was July 16, 1996. On September 30, 1996, Mr. Williams appeared at the
Department for Planning and Building Services and applied for a permit to rehabilitate the
property. The Department of Planning and Building Services denied Mr. Williams' request for a
permit because he failed to rehabilitate the property by July 16, 1996 and it was the staff's
intention to enforce the BBC order for abatment.
Mr. Williams was contacted to appear at the September 5, 1996 BBC hearing regarding the
property located at 2157 Sunrise Lane . Mr. Williams did in fact appear, and the BBC ratified
the ninety (90) day extension given to allow Mr. Williams the opportunity to rehabilitate the
property. The extension granted by staff ended on July 16, 1996. Mr. Williams was not granted
an additional ninety (90) day extension.
Although Mr. Williams was present at the hearing, the City sent Mr. Williams a copy of BBC
order no. 3771, dated October 3, 1996, notifying Mr. Williams of the result of the September 5th
hearing. Section 1 of the Order reflects that the BBC ratified a ninety (90) day extension from
the original December 22, 1995, BBC order no. 3072.4
As a result of Mr. Williams' failure to complete the rehabilitation of the structure at 2157 Sunrise
Lane within the ninety (90) days from the demolition stay on April 17, 1996, the City staff is
initiating abatement proceedings.
OWNER'S CONTENTION
According to statements attributed to Mr. Wildish, Mr. Williams' attorney, in the October 24,
1996, edition of The Sun newspaper, Mr. Williams believes he was granted a ninety (90) day
extension from the September 5, 1996 BBC hearing.
2075 Sunrise Lane
On July 11, 1996, the BBC made a finding that the property located at 2075 Sunrise Lane
constituted a public nuisance. On July 19, 1996, the BBC issued order no. 3555 which required
the property owner to obtain permits to rehabilitate or demolish the structure within 10 days and
4See attachment
CDK/tbm[wiIIiams.srll
CITY OF SAN BERNARDINO - STAFF REPORT
PAGE 4
complete rehabilitation or demolition within thirty (30) days.' Due to a misunderstanding, the
owner, Mr. Williams, was given an additional ten (10) days to obtain a pre-permit inspection.
On July 30, 1996, Mr. Williams applied for a pre-permit inspection but never requested an
inspection, obtained a permit or completed rehabilitation of the property.
Mr. Williams was contacted to appear at the September 5, 1996 BBC hearing regarding the
property located at 2075 Sunrise Lane . Mr. Williams did in fact appear, and the BBC ratified
the ten (10) day extension. Based on the ten (10) day extension, permits were required to be
obtained by August 7, 1996.
Although Mr. Williams was present at the hearing, the City staff sent Mr. Williams a copy of
BBC Order No. 3770, dated September 19, 1996, notifying Mr. Williams of the result of the
September 5th hearing.b Section 1 of the Order reflects that the BBC ratified a ten (10) day
extension as to all deadlines reflected in BBC order no. 3555.
In addition to the order, the City also sent Mr. Williams a letter dated September 13, 1996, in
which Building Inspector Mark Farrell explained that 1) the BBC "did not grant any additional
extensions", 2) Mr. Williams did not request an inspection, and 3) it was the City's intention to
proceed with abatement and demolish the structure 7. The letter also stated that if Mr. Williams
disagreed with the actions of the BBC, he could file an appeal with the Mayor and Common
Council within fifteen (15) days of the letter. Mr. Williams never specifically filed an appeal in
disagreement with the BBC action.
However, on September 23, 1996, Mr. Williams requested additional time to comply with BBC
orders on other Arden-Guthrie properties, and the City Attorney's Office placed the Arden-
Guthrie properties including both Sunrise properties on the Council agenda for September 23,
1996.
On September 23, 1996, in a hearing before the Mayor and Common Council, the Council
inquired as to the status of 2075 Sunrise Lane. According to Mr. Williams he applied for a pre-
permit inspection, but the inspection was never completed.
As a result of Mr. Williams' failure to obtain permits by August 7, 1996, the City staff is
initiating abatement proceedings.
'See attachment
6See attachment
7See attachment
CDK/tbm[wi IIiams.sr]I
CITY OF SAN BERNARDINO - STAFF REPORT
PAGE 5
OWNER'S CONTENTION
According to Mr. Williams' testimony on October 22, 1996, at a hearing for a preliminary
injunction in Department "H" before the Honorable Craig Kamansky, Mr. Williams stated that
he applied for a pre-permit inspection and contacted either Mark Farrell or Ron Gaston from the
Planning Department to conduct the inspection, but the inspection was never completed.
Bill Skiles, Code Compliance Manager
CDK/tbm[wiIIiams.sr]]
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE ABATEMENT OF A PUBLIC NUISANCE
3 ORDER NO. 3072 CASE NO. 94-153
4
5 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
6 15, Chapter 15 . 28, the Building Official has posted a property
7 located at 2157 E. Sunrise Lane, San Bernardino, California, with
8 a "Notice and Order" and has notified the person having an
9 interest in said property that the said building or premises is in
violation of the San Bernardino Municipal Code and constitutes a
10
public nuisance;
11
' WHEREAS, pursuant to San Bernardino Municipal Code, the
12i _
Building Official has served a "Notice of Hearing" before the
13i
Board of Building Commissioners, of the City of San Bernardino,
14
relating to abatement proceeding,in g, to the person (s) having an
16 interest in the above property, and has prepared a declaration of
17 mailing of the notice, a copy of which is on file in these
18 proceedings; and;
19 WHEREAS, a hearing was held to receive and consider all
20 relevant evidence, objections or protests on December 7. 1995,
21 and;
22 WHEREAS, there was not an appearance by any persons) having
23 an interest in the above property.
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
24 COMMISSIONERS, OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
25
26
27
28
I BOARD OF BUILDING COMMISSIONERS'
ORDER NO. 3072 CASE NO. 94-153
2 PAGE 2
3 SECTION 1 . Based upon the evidence submitted, it was found
4 and determined that the building and or premises located at 2157
5 E. Sunrise Lane, San Bernardino, California constituted a public
6 nuisance .
SECTION 2 . The Board of Building Commissioners'
find that
8 the violations noted in Notice of Hearing do in fact exist on the
9 property, and that the
property is being maintained in violation
10 of the San Bernardino Municipal Code, and therefore constitutes a
11 nuisance, an4
12 SECTION 3 . The property owner is hereby directed to comply
13 with the following requirements : That the property owner shall as
14 a temporary measure, maintain the property in a secure condition
15 to prohibit transient activity. That the property owner apply
16 for rehabilitation permits within ten (10) days, obtain such
17 permits within thirty (30) days of said application, commence
18 rehabilitation within sixty (60) days of obtaining permits, andl
19 complete rehabilitation within six
(6) months thereafter, or
20 demolish the structure. If the property owner elects to demolish
he shall be directed to apply for Demolition
21 the structure
22 permits within ten (10) days and complete demolition within three
23 (3) months thereafter. If the property owner fails to
24 rehabilitate or demolish the structures within six (6) months of
25 , the- date of this order, the buildings shall be deemed abandoned,
26 and therefore shall constitute a Dangerous Building as defined by
27 SBMC 15 . 28 . 010, UCADB 302 . 18, and the City may take action to
28
1 BOARD OF BUILDING COMMISSIONERS'
ORDER NO. 3072 CASE NO. 94-153
2 PAGE 3
3 abate the public nuisance . The property shall meet all applicable
i
4 codes adopted by the City of San Bernardino.
5 SECTION 4 . Upon the owner of record' s failure to comply with
6 this order, the City shall initiate action to abate the nuisance
7 and violations noted.
8 SECTION 5 . It was determined that the City was required to
9 initiate abatement proceedings upon which the City incurred costs
10 in the amount of 1550 . 04 . These costs and future related
11 abatement costs shall be the personal obligation of the owner and
12 shall be placed as a lien on the above property.
13 SECTION 6 . Any person aggrieved by this order, ma y appeal to
14 the Mayor and Common Council by filing a written statement with
15 the City Clerk. The statement must include the order appeal, the
16 specific grounds of your appeal, and the relief or action sought .
17 This appeal must be received within fifteen (15) days from the
18 date of this notice dated December 18. 1995 .
19
20
21
22
23
24
25
26
27
28
BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3072 CASE NO. 94-153
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 7TH day of DECEMBER 1995,
by the following vote, to wit :
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso x
Carol Thrasher
Amado Savala J
Larry R. Quiel 3
"Joe" V. C. Suarez, Jr.
Ruben B. Nunez
Herbert Pollock
Benjamin Gonzales
Leo Cash, Jr.
rk, Board of Building Co i Toners
The foregoing order is hereby approved this 7TH day of DECEMBER,
1995 .
C ai an, B rd o Bui ing ' ssioners
Approved as to form and legal content :
James F. Penman, City Attorney
By:
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE ABATEMENT OF A PUBLIC NUISANCE
3 ORDER NO. 3771 CASE NO. 94-0153
4
5 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
6 15, Chapter 15 . 28 , the Building Official has posted a building
7 located at 2157 Sunrise, San Bernardino, California, with a
8 "Notice To Abate Nuisance" and has notified the person (s) having
9 an interest in said property that the said building (s) or premises
10 and constitutes a public nuisance; and
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 the 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 September 5 1996;
19 and
20 WHEREAS, there was an appearance by Tom Williams, owner,
21 having an interest in the above property.
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1 BOARD OF BUILDING COMMISSIONERS
2 ORDER NO. 3771 CASE NO. 94-0153
PAGE 2 OF 3
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4 NOW THEREFORE, IT IS ORDERED BY THE BOARD ' OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
5 SECTION 1 :
6 Whereas, the Board of Building Commissioners ratified a
7 ninety (90) day extension granted by the Supervising Building
8 Official, as to all deadlines reflected in Board of Building
9 Commissioners Order No. 3072 .
10 SECTION 2 :
11 Upon the owner (s) of record failure to comply with the order
12 of the Board of Building Commissioners, the Code Compliance
13 Division shall proceed to initiate abatement action by obtaining
14 an Inspection/Abatement Warrant to abate violations noted.
15 SECTION 3 :
16 It was determined that the City was required to initiate
17 abatement proceedings upon which the City incurred costs in the
18 amount of $ -0- . These costs shall be the personal obligation of
19 the owners (s) and shall be placed as a lien on the above property.
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1 BOARD OF BUILDING COMMISSIONERS
2 ORDER NO. 3771 CASE NO. 94-0153
PAGE 3 OF 3
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4 SECTION 4 :
5 Upon receipt of an application from the person required to
6 conform to the Order an by agreement of such person to comply with
7 the Order if allowed additional time, the Supervising Building
8 Official may grant an extension of time, not to exceed an
9 additional 120 days, within which to complete said repair,
10 rehabilitation or demolition, if the Supervising Building Official
11 determines that such an extension of time will not create or
12 Perpetuate a situation imminently dangerous to life or property.
13 The Supervising Building Official' s authority to extend time is
14 limited to the physical repair, rehabilitation or demolition of
15 the premises and will not in any way affect or extend the time to
16 appeal the Notice and Order.
17 SECTION 5 :
18 Any person aggrieved by this order, may appeal to the Mayor
19 and Common Council by filing a written statement with the City
20 Clerk. The statement must include the order number appealed, the
21 specific grounds of the appeal, and the relief or action sought .
22 This written appeal must be received within fifteen (15) days from
23 the date of this notice dated October 3 , 1996 .
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3771 CASE NO. 94-153
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 X
Carol Thrasher �(
Amado Savala x
Larry R. Quiel K
"Joe" V. C. Suarez, Jr. �(
Ruben B . Nunez
Herbert Pollock
Benjamin Gonzales
Leo Cash, Jr.
erk, d of Building Commissioners
The foregoing order is hereby approved this 5th day of September,
1996 .
44i�rman, oard o Bui ing Commissioners
Approved as to form and legal content :
James F. Penman, City Attorney
i
By:
i
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE ABATEMENT OF A PUBLIC NUISANCE
i
4 i
5 ORDER NO. 3555 CASE NO. 93-146
6 WHEREAS, pursuant to the San Bernardino Municipal Code, Title I
7 15, Chapter 15 . 28 , the Building Official has posted a building (s)
8 located at 2075 Sunrise Lane, San Bernardino, California, with a
9 "Notice to Abate Nuisance" and has notified the person (s) having an
10 interest in said property that the said building (s) or premises
11 constitute a public nuisance;
12 WHEREAS, pursuant to San Bernardino Municipal Code, the
13 Building Official has served a "Notice of Hearing Before the Board
14 of Building Commissioners of the City of San Bernardino" , relating
15 to abatement proceeding, to the person (s) having an interest in the
16 above property, and has prepared a declaration of mailing of the
17 notice, a copy of which is on file in these proceedings ; and;
18 WHEREAS, a hearing was held to receive and consider all
19 relevant evidence, objections or protests on July ll 1996, and;
20 WHEREAS, there was not an appearance by any person (s) having
21 an interest in the above property.
22 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING COMMISSIONERS
23 OF THE CITY OF SA.'1 BERNARDINO AS FOLLOWS :
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1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3555 CASE NO. 93-146
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 2075 Sunrise Lane, 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 directed
9 to comply with the following requirements . Within ten (10) days,
10 owner (s) of record shall obtain the required permits to
11 rehabilitate or demolish abandoned structure (s) . Rehabilitation or
12 demolition shall be completed within thirty (30) days . Owner (s)
13 shall maintain the landscaping to include regular irrigation and
14 Pruning, and shall remove all weeds, dry brush, overgrown
15 vegetation, trash, debris, or other items causing an unsightly
16 appearance . The property shall meet all applicable codes adopted
17 by the City of San Bernardino .
18 SECTION 3 . Upon the owner (s) of record failure to comply with
19 the order of the Board of Building Commissioners, the Code
20 Compliance Division shall proceed to initiate abatement action by
21 obtaining an Inspection/Abatement warrant to abate violations
22 noted.
23 SECTION 4 . It was determined that the City was required to
24 initiate abatement proceedings upon which the City incurred costs
25 in the amount of $1, 064 .20 . These costs and future related
26 abatement costs shall be the personal obligation of the owner (s)
27 and shall be placed as a lien on the above property.
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I BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3555 CASE NO. 93-145
2 PAGE 3
3 SECTION 5 . Any person aggrieved by this order, may appeal to
4 the Mayor and Common Council by filing a written statement with the
5 City Clerk. The statement must include the order appeal , the
6 specific grounds of your appeal, and the relief or action sought .
7 This appeal must be received within fifteen (15) days from the date
8 of this notice dated July 19, 1996 .
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3555 CASE NO. 93-145
I HEREBY CERTIFY that the foregoing order was duly adopted by
the Board of Building Commissioners of the City of San Bernardino
at a regular meeting thereof, held on the 11th day of July 1996, by
the following vote, to wit :
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso X
Carol Thrasher )(
Amado Savala X
Larry R. Quiel
"Joe" V. C. Suarez, Jr. X
Ruben B. Nunez x
Herbert Pollock x
Benjamin Gonzales
Leo Cash, Jr. x
- -- Clerk, Board o Bui Sing Commissioner
The foregoing order is hereby approved his of July, 1996 .
Chair n, Board of Building Commissioners
Approved as to form and legal content :
James F. Penman, City Attorney
By.
I ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE ABATEMENT OF A PUBLIC NUISANCE
4
5 ORDER NO. 3770 CASE NO. 93-145
6 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
7 15, Chapter 15 . 28, the Building Official has posted a building (s)
8 located at 2075 SUNRISE LANE, San Bernardino, California, with a
9 "Notice to Abate Nuisance" and has notified the person(s) having
10 an interest in said property that the said building (s) or premises
11 constitute a public nuisance;
12 WHEREAS, pursuant to San Bernardino Municipal Code, the
13 Building Official has served a "Notice of Hearing Before the Board
14 of Building Commissioners of the City of San Bernardino" , relating
15 to abatement proceeding, to the person (s) having an interest in
16 the above property, and has prepared a declaration of mailing of
17 the notice, a copy of which is on file in these proceedings; and;
18 WHEREAS, a hearing was held to receive and consider all
19 relevant evidence, objections or protests on September 5, 1996,
20 and;
21 WHEREAS, there was an appearance by Tom Williams, owner,
22 having an interest in the above property.
23 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
24 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3770 CASE NO. 93-145
2 PAGE 2
3 SECTION 1 . Whereas, the Board of Building Commissioners
4 ratified a ten (10) day extension granted by the supervising
5 building official, as to all deadlines reflected in Board of
6 Building Commissioners Order No. 3555 .
7 SECTION 2 . Upon the owner (s) of record failure to comply
8 with the order of the Board of Building Commissioners, the Code
9 Compliance Division shall proceed to initiate abatement action by
10 obtaining an Inspection/Abatement warrant to abate violations
11 noted.
12 SECTION 3 . It was determined that the City was required to
13 initiate abatement proceedings upon which the City incurred costs
14 in the amount of $ -0- . These costs and future related abatement
15 costs shall be the personal obligation of the owner (s) and shall
16 be placed as a lien on the above property.
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I BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3770 CASE NO. 93-145
2 PAGE 3
3 SECTION 4 . Upon receipt of an application from the person
4 required to conform to the order and by agreement of such person
5 to comply with the order if allowed additional time, the
6 Supervising Building Official may grant an extension of time, not
7 to exceed an additional 120 days, within which to complete said
8 repair, rehabilitation or demolition, if the Supervising Building
9 Official determines that such an extension of time will not create
10 or perpetuate a situation imminently dangerous to life or
11 property. The Supervising Building Official' s authority to extend
12 time is limited to the physical repair, rehabilitation or
13 demolition of the premises and will not in any way affect or
14 extend the time to appeal the notice and order.
15 SECTION 5 . Any person aggrieved by this order, may appeal to
16 the Mayor and Common Council by filing a written statement with
17 the City Clerk. The statement must include the order appeal, the
18 specific grounds of your appeal, and the relief or action sought .
19 This appeal must be received within fifteen (15) days from the
20 date of this notice dated Sevtember 19, 1996 .
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 3770 CASE NO. 93-145
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 x
Carol Thrasher x
Amado Savala X
Larry R. Quiel x
"Joe" V. C. Suarez, Jr. A,
Ruben B. Nunez
Herbert Pollock
Benjamin Gonzales Y.
Leo Cash, Jr.
1�1.
Clerk, Board of Building Commissioners
The foregoing order is hereby approved this 5th day of September,
1996 .
hairman, Board of Building Commissioners
Approved as to form and legal content :
James F Penman, City Attorney
By:
�EgyA.R
I T Y O F
Q
{ an Bernardino
D E P A R T M E NT OF P L A N N I N G A N D B U I L D I N G S E R V I C F S
A L B O U G H E Y , A I C P
0 1 R E C T O R
September 13, 1996
Tom Williams
1922 Red Mill Circle
Tustin, CA 92680
RE: 2075 Sunrise Lane
Dear Mr. Williams:
On July 11, 1996 a hearing was held before the Board of Building Commissioners (BBC)
regarding a public nuisance at the above referenced property. BBC Order No. 3555 was issued
on July 19, 1996 requiring the owner to obtain permits to rehabilitate or demolish the structure
within ten days, and to complete such rehabilitation or demolition within thirty days. Subsequent
to the hearing, staff gave an additional nine days to comply. Therefore, permits were required
to be obtained by August 7, 1996. On September 5, 1996, the BBC ratified the nine day
extension, but did not grant any additional extensions. As of this date, the required permits have
not been obtained. An application for a Pre-Permit Inspection was received by the department
on July 30, 1996, but you have not requested the inspection nor provided access for inspection
personnel.
Consequently, you have failed to comply with BBC Order No. 3555, and as a result we are
proceeding with abatement action to demolish the structure.
If you disagree with the actions of the BBC, you may appeal to the Mayor and Common Council
by filing a written statement with the City Clerk. The statement must include the order you are
appealing from, the specific grounds of your appeal, and the relief or action sought. This appeal
must be received within fifteen (15) days from the date of this notice date September 13, 1996.
3 ) 3 8 , s o ' t , 5 0 5 7
2075 Sunrise Lane
September 13, 1996
Page 2 of 2
If you should have any questions regarding this letter, please contact me for assistance.
Sincerely,
Mar Farre ,
General Building Inspector
Phone: (909) 384-5543
Office Hours: Mon-Thur 7:30 to 8:30 AM and 4:30 to 5:30 PM
Fridays 7:30 to 8:30 AM and 3:30 to 4:30 PM
(We are closed on alternate Fridays)
cc: Bill Skiles, Code Compliance Manager
Joseph Lease, Inspection Services Supervisor
James Penman, City Attorney
File: 000424