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THE BOARD OF SUPERVISORS OF CONTRA COSTA' COUNTY, CALIFORNIA
Adopted this Order on September 10, 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Appeal of Carol Baird et al on Building Permit No. 170731
On September 5, 1981, the Clerk of the Board of Supervisors was
presented with. the administrative appeal of Carole Baird et al
relative to tht action of the Building Inspector's issuance of
Building Permit No. 170731 for construction of a youth drug facility
at 11540 _Marsh. Creek Road, Clayton, California.
The Board. received County Counsel' s report dated September 9, 1991
A copy attached) noting that the appeal was not timely filed and
recommending that the Board not set this appeal hearing.
IT IS BY THE BOARD ORDERED that the recommendation of County
Counsel is APPROVED.
I horeby certify that this is a true and ccrract copy of
an action taken and entered on the mintos of the
Board of Supervl ors on the date shown.
ATTESTED: 4 ;a�� /o /P 9/ -
PHIL BATCMELOR,Clerk of the Board
CC• County COurisel of Supervisom and County Administrator
• Building Inspector'
Carole Baird et al By 'Deputy
,Deputy
c/o David Goldman, Attorney
P. O. Box 2047
Oakland, .CA 94604-2047
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: September 9 , 1991
To: Board of Supervisors
From: Victor J. Westman, County Counsel
By: Diana J. Silver, Deputy County Counsel
Re: Appeal of Issuance of Building Permit No. 170731 (Carol
Baird, et al . , Appellants ) 11540 Marsh Creek Road, Clayton
( Bi-Bett Corp. )
This .adm.inistrative appeal results from a judgment on a
peremptory writ issued by Judge O'Malley on August 6 , 1991 . In
accordance with the judgment, the plaintiffs were allowed to
appeal the County' s issuance of the above-referenced building
permit for a youth alcohol and drug treatment facility as
provided for in Chapter 14-4 of the Contra Costa County Ordinance
Code . Section 14-4 . 004 allows thirty days to file an appeal with
the Clerk of the Board after a building permit is issued.
The judgment specified that the time period for filing an
appeal commenced on the date the judgment was signed by the
Court . The judgment was signed on August 6 , 1991 and filed on
the same date . The 30 days for filing an appeal under Contra
Costa County Ordinance Code section 14-4 . 004 expired on September
4 , 1991 at 5 : 00 p.m.
This appeal was not timely filed as it was filed (by hand
delivery) 'on September 5 , 1991 at 2 : 18 p.m. with the Clerk of the
Board beyond the 30-day time period allowed . For this reason,
this office recommends that the Board not 'set this appeal" for
hearing.
DJS/jh
FB-2:a:\baird.f