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HomeMy WebLinkAbout16- Code Compliance ORIGINAL C I T Y OF S A N B E R N A R D I N O INTEROFFICE MEMORANDUM CODE COMPLIANCE DIVISION DATE: December 12 , 1996 TO: THE HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL FROM: Bill Skiles, Code Compliance Manage 11 ' SUBJECT: Request to Withdraw Appeal - 1048 W. Congress COPIES : Fred Wilson, Acting City Administrator ------------------------------------------------------------------- On December 10, 1996, a written request was received from Marie Romano-Myers, requesting that the appeal to Council relative to her property at 1048 W. Congress, scheduled for December 16, 1996, be withdrawn, and that the appeal fees be refunded. The appellant' s concern relates to her ability to pay the lump sum of $1, 669 . 32, fees incurred during the Code Compliance process . Staff has been working with Ms . Romano-Myers, and is confident that an arrangement for payment of fees can be worked out . Therefore, it is Staff' s recommendation that Council grant Ms . Romano-Myers' request to withdraw her appeal, and to have the appeal fees refunded. $�RNARp�'O CITY OF DEPARTMENT OF PLANNING & BUILDING SERVICES CODE COMPLIANCE DIVISION Sj n bernarditio ) G'r'pED IN December 10, 1996 Marie Romano-Meyers 1177 West Congress San Bernardino, CA 92410 Subject : Removal of Council Appeal, Case 9580, 1048 W Congress, San Bernardino, CA I am requesting that the Council Appeal scheduled for December 16, 1996, regarding my property located at 1048 West Congress, Case #9580 be removed from the Council agenda as of this date 9451 I am requesting that my Appeal fees be refunded to me . Marie Romano-Meyers/Property Owner l�1 Al Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street,San Bernardino,CA 92418 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bill Skiles, Code Compliance Subject: Appeal of the Board of Building Commissioner's Order #3814, 1048 Congress, San Bernardino, CA Dept: Planning & Building Services Date: November 8, 1996 MCC Date: November 18, 1996 Synopsis of Previous Council Action: None Recommended Motion: Deny the appeal and uphold the finding of the Board of Building Commissioners Hearing, held October 3, 1996. 4 Bill Skiles, Code Compliance Manager Contact person: Bill Skiles Phone: 384-5205 Supporting data attached: Staff Report Ward(s): �3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Previously Agenda Item N �� SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF November 18, 1996 BACKGROUND See attached Staff Report which by reference becomes a part of this report; Exhibit B The Code Compliance division case file history indicate 1048 West Congress, San Bernardino, has an extensive history of S.B.M.C. violations to include the following. 8/5/96 Code Compliance Division received a call from Fire Dispatch requesting Code Enforcement assistance. The Fire Department posted the building to be dangerous. A count of windows and doors was done so a contractor could be called to board and secure. During this count numerous violations were noted including: trash, debris, broken windows, doors with no locks or hardware, no water, no electricity, and containers with substance that looked and smelled like urine. A notice was posted by the Code Compliance Division listing the violations. 8/6/96 Officer Hernandez and Officer Nolfo went to the residence of Marie Romano-Myers, 1177 West Congress #47, San Bernardino, California to issue an infraction citation for the above listed violations, there was no answer so checking the property 1048 West Congress, we located the owner Marie Romano-Myers. Citation No. 47 was issued. 10/3/96 BBC Hearing held, staff recommendation was upheld. Fees incurred: $1669.32. See order #3814 attached. APPELLANT'S GROUNDS FOR APPEAL 1. The appellant is requesting for the $1600.00 fees to be waived. 2. Appellant states that all necessary corrections were made and that the case was closed and dismissed in 1995. APPELLANT'S ACTION SOUGHT FROM THE MAYOR AND COMMON COUNCIL Requests that all "fees" ($1600.00) be waived. STAFF ANALYSIS 1. Fees were based on actual costs to abate as delineated in attached Statement of Costs Sheet. 2. Code violations continued to exist at the property throughout the entire Code Compliance process. Currently the property remains boarded and secured. The violations remaining include unmaintained landscaping, lack of landscaping, unsafe fence. STAFF RECOMMMNDATION That the Mayor and Common Council deny the appeal and uphold the findings of the Board of Building Commissioners meeting held October 3, 1996. Attach: Appeal Staff Report BBC Order Photos (to be distributed at meeting) Statement of Costs Fire Department Report Prepared by: Julie Hernandez, Code Compliance Officer for Bill Skiles r■ ---------___ FOR OFFICE USE ONLY Departments Receiving Date/Time Stamp: opies: il CLERK Original to: o *96 ACT 15 P4 :42 S Payment Information: Date of Distribution: FD tN Last Updated: 3/26/96 \ \�1 C�� 1 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. Comylete All Information Appellant Name & Address: (Yk AK i <� 'fro C) Contact Person & Address: Contact Person Phone c Number: Day: Evening: Affected Property Address & APN # J v S ►'� S P� � a- Z-`� 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 Char (continue next page) A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64): 1. The specific action appealed, and date of that action: Se e- 2. The specific grounds of appeal:_ 3. The actions(s) sought from the It gislative body: T- 4. Any additional information:_ Signature of Appellant: CS�r1�rZ. \ Date: i October 15, 1996 ,L Mayor and Common Council 300 North"D"Street - I 1 P 4 :�2 2nd Floor San Bernardino, CA 92418 RE: 1048 Congress, San Bernardino, CA Parcel No.: 137-042-18 Case No.: 9580/ Complaint No.:45178 Dear Sir/Madam: I am requesting an appeal to the judgment against me to pay a fine of$1600 for administration costs and boarding up of the said property 1048 Congress. During the hearing, I was not given the chance to fully present my case and proof to the Council. The plaintiff used proof of damages to the said property from last year as evidence to show the present condition of the house and that no improvements have been done. The statement from Doug Leeper is that, "nothing has changed from the conditions of the house since [his] involvement last year," disregarding the fact that all the repairs and maintenance he requested of me have been completed. In fact, he dismissed the case in 1995 because I complied to all the requirements of which he asked. I became legal owner of the property on 1048 Congress upon receiving a Quit Claim Deed on September, 1996 from my husband. It had been my impression that this property was legally owned by myself and my husband since I lived in this property for four years after his disappearance in 1989. Since 1982, 1 have been disabled with systemic lupus. My income is just $620 per month from Social Security Disability. I rented this house to Margaret Williams in November, 1995 in order fund continued improvements on the property and someday increase my income. The City—represented by Doug Leeper and Child Protective Services required repairs and maintenance to the house which I already was doing at the time. For example, the five window panes which were either missing or broken, were repaired immediately. The repairs and maintenance required for safe living conditions for children as established by Child Protective Services had been met and approved by this organization. Ms. William and her children were allowed by Child Services to live in the house because it was now in safe living condition. As stated earlier, Mr. Leeper dismissed the case in 1995 for my complete compliance with his requirements,to my understanding. (I was not given notice to otherwise). Now in October 1996, Mr. Leeper claims that nothing had been changed from the first time he became involved with the property last year. The windows that the City claims to have been "broken out" and missing were damaged after Ms. Williams left the property due to vandalism. I believe the Council concluded that no repairs and maintenance have been completed when in fact, the vandalism occurred three months after the tenants left caused much damage to the property. The problems in the 1995 case when I first met Mr. Leeper and the case now in 1996 are two separate incidents. Ms. Williams lived on the property for seven months without paying the agreed rent sum of$500 monthly. I had much difficulty evicting her because, as I became aware, I was not the "legal" owner of the property on 1048 Congress. During this time, I was able to contact my husband, who agreed to give me the property as compensation for illegally liquidating my accounts worth a total of$40,000 and charging $10,000 on my credit cards. With my disability and after such monetary loss, I was forced to file bankruptcy and was left with no credit cards. The City did not consider this fact or my finances when I was questioned why I did not make repairs right away (referring to the broken windows). The day of Ms. Williams' lock-out, I phoned the City and spoke with Arnie and informed him of the conditions of the property and assumed responsibility to clean the property waiting the legal 14 days for her to retrieve her belongings---furniture, food, clothing, cars in the front and back lawns, etc. Due to lack of funds (since I am not the legal owner of the house as of yet, I could not secure a home improvement loan) coupled with my illness, it took me about two months (working two hours/day)to clean the property and make minor repairs myself. I decided to put the property for sale "as is" for 90 days. During this time when the property was vacated, much vandalism occurred and many articles were stolen (e.g. Jacuzzi, front door, door locks, water heater, stove, garbage disposal, etc). I made several police reports regarding the thefts. During this time, the property was constantly littered. Only one week passed from the time the windows were broken that the City boarded the house and claimed it was in violation of housing codes. During this same week, I was securing a loan to make the necessary repairs to the property. I was afraid that the house may be burned down, as it already been much vandalized and littered,that I asked a few friends to clean the broken glass,etc. and keep watch of the house. This is the incident that resulted in the fine of$1600 to cover the costs of administration and labor for boarding up the house. It was inferred that I was a slum landlord and was irresponsible when in fact, I was actively involved making the necessary repairs and securing the loans to make improvements to the said property for many months now. The thefts, vandalism, littering, etc. are the cause for the bad condition in which the property is in at present. I have reported these incidences to the police and asked for their help, but to no avail. The defamation to my character is inappropriate considering the responsibilities I have undertaken. Thank you for your consideration. I look forward to meeting with you. You can contact me at 909/880-4353 or at 1177 W Congress #47, San Bernardino, CA 92410. Sincerely, Mane Romano-Myers 1 2 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO AUTHORIZING 3 THE ABATEMENT OF A PUBLIC NUISANCE 4 ORDER NO. 3814 CASE NO. 9580 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 1048 Congress, 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, the Building Official ordered abatement of said 11 property to protect the health and safety of the community; 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 October 3, 1996, and; 20 WHEREAS, there was an appearance by Marie Romano having an 21 interest in the above property. 22 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 23 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 24 25 26 27 28 ' 1 BOARD OF BUILDING COMMISSIONERS 2 ORDER NO. 3814 CASE NO. 9580 PAGE 2 3 SECTION 1. Based upon the evidence that was submitted, it 4 was found and determined that the building(s) and or premises 5 located at 1048 Congress, San Bernardino, California constituted 6 a 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. To prevent 10 unauthorized entry, within ten (10) days from the date of this 11 order, the owner(s) of record shall continue to keep all 12 structures secured to FHA board-up standards. Owner(s) shall 13 obtain a pre-inspection report to identify all violations. Work 14 shall be completed within sixty (60) days from the date of this 15 order. Property shall not be rented, leased or occupied until all 16 work has been inspected by the Building Inspection Division. 17 Owner(s) shall maintain the landscaping to include regular 18 irrigation and pruning, and shall remove all weeds, dry brush, 19 overgrown vegetation, trash, debris, or other items causing an 20 unsightly appearance. The property shall meet all applicable 21 codes adopted by the City of San Bernardino. 22 SECTION 3 . Upon the owner(s) of record failure to comply 23 with the order of the Board of Building Commissioners, the Code 24 Compliance Division shall proceed to initiate abatement action by 25 obtaining an Inspection/Abatement warrant to abate violations 26 noted. 27 28 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3814 CASE NO. 9580 2 PAGE 3 3 SECTION 4. It was determined that the City was required to 4 initiate abatement proceedings upon which the City incurred costs 5 in the amount of $1,669.32 . These costs and future related 6 abatement costs shall be the personal obligation of the owner(s) 7 and shall be placed as a lien on the above property. 8 SECTION 5. Upon receipt of an application from the person 9 required to conform to the order and by agreement of such person 10 to comply with the order if allowed additional time, the 11 supervising building official may grant an extension of time, not 12 to exceed an additional 120 days, within which to complete said 13 repair, rehabilitation or demolition, if the supervising building 14 official determines that such an extension of time will not create 15 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 SECTION 6. Any person aggrieved by this order, may appeal to 21 the Mayor and Common Council by filing a written statement with 22 the City Clerk. The statement must include the order appeal, the 23 specific grounds of your appeal, and the relief or action sought. 24 This appeal must be received within fifteen (15) days from the 25 date of this notice dated October 15, 1996. 26 27 28 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3814 CASE NO. 9580 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 October 1996, by the following vote, to wit : COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso �( Carol Thrasher X Amado Savala Larry R. Quiel "Joe" V. C. Suarez, Jr. Ruben B . Nunez Herbert Pollock �[ Benjamin Gonzales Leo Cash, Jr. Clerk, Board of Building Commissioners The foregoing order is hereby approved this 3rd day of October, 1996 . Chairman, Board of Building Commissioners Approved as to form and legal content : James F. Penman, City Attorney By: �OFSt14ARD�'�'p CITY OF r DEPARTMENT OF PLANNING & BUILDING SERVICES v 1W �-/ J` (San bernardlno CODE COMPLIANCE DIVISION (909) 384-5205 yflE D 114 STATEMENT OF COSTS CASE NUMBER: 9580 Date: September 16, 1996 Location: 1048 Congress SAN BERNARDINO CA Parcel Number: 137-042-18 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 Compliance Officer: $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 35 $ 70. 00 Title Search $ 25. 00 Certified Mailing $2 . 52 each X 3 $ 7. 56 Notice of Pendency $ 125. 00 Hearing Costs $ 50. 00 SUBTOTAL $ 512 .56 CONTRACTOR COSTS Contractor: Brett Carlson Construction $ 826. 26 40% Administrative Costs $ 330. 50 Subtotal $1,156.76 Previous costs incurred: Contact City Clerk for $ ------- previous fees incurred Abatement Date: Total Amount Due $ 1,669.32 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 (909) 384-5002 with the case number and property address. By o Cod ;Compliax3ce Officer iAl Boughey, Director of Planning and Building Services/Debra L. Daniel,Code Compliance Supervisor 300 North "D"Street,San Bernardino,CA 92418 03/05/1996 x_13: 37 9093645'281 SE CIT`r FIFE DEPT PAGE 01 SNNI- BERNARDINO CITY FIRE DEPARTMENT ENTER-OFFTCF MEMORANDUM To- Debra Daniel, Code Enforcement Supervisor From: Laurie SawhilL Fire .[nspcaor Date: August 5, 1996 Subject: 1048 W. Congress Ave. This morning on a complaint referred to me by the Police Department, I went to the property located at .1048 W. Congress. The comlp:laint had been that property was open and vacant. On arrival I noted that the power was disconnected, but that two vehicles were in. drive, and no door knobs on front door. As I was leaving, a woman went into the structure. T returned to the office and contacted the Realtor listed out front. He(Harry Stone).in £orrred me that lAe bad been receiving complaints in.his office on the property for over two weeks. 'That entire tinge period he had been trying to contact the owner, an,nd she has not returned any of his calls or messages left with a message number. I infomed.him that people were living it the dwelling, and he said that no one had permission to be in dwelling. I then .Mormed h1i„ would return.with.the police to evict the vagrants and have the property secured. I had dispatch send officers to assist me at the property. Three officers responded and evicted the fnle people still sleeping in. the house. They were allowed to pick up their belongings and told not to return. I posted the property anal asked dispatch.to contact you to.h.ave property secured. They radioed hack that you had received the message, but was uncertain on.time fra:nae. Please note that there are 13 medium sized windows(no glass or any way to secure) and three doors. Please have this property immediately secured/boarded. If the contractor would like me to meet him.back on location, please call my office and I will meet them. 'n.auk you for your cooperation. NA D�k O C I T Y O F v -� an bernardino DED IS R A C H E L C L A R K C I T Y C L E R K October 16, 1996 Marie Romano-Myers 1177 W. Congress, No. 47 San Bernardino, CA 92410 Re: 1048 W. Congress - Parcel No. 0137-042-18 - Case No. 9580 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 October 3, 1996 concerning the above- referenced property. The appeal is scheduled to be heard on Monday, November 18, 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 Sandra Medina, AOS, City Clerk's Office File P . O . B O X 1 3 1 8 S A N B E R N A R D I N O C A 9 2 4 0 2 3 0 0 N O R T H D 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 -5 1 5 8 T 0 D /T T Y (9 0 9 ) 3 8 4 - 6 5 4 0