HomeMy WebLinkAboutMINUTES - 07281998 - D11 BOARD OR SUPE /19ORS
D11
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M: WARREN E. RUFF, Sheriff �C
By: Capt. D. Mongsene, Patrol Division Commander
,ATE: July 13, 1998 Couly
SUBJECT: Appeal to the Board By Mr. John V. Leland to Request Suspension of the
Enforcement of AVAP Ord. 95-2
SPECIFIC REQUESTS) OR RECOMMENDATIONM i BACKGROUND AND JUSTIFICATION
1. Rac=manded Action-
Authorize the Sheriff to proceed with enforcement of Co. Ord. 95-2 requiring the
removal of inoperable vehicles or parts thereof from private property located at 151
Flora St., Walnut Creek. The Sheriff requests the Board deny the Appeal and
direct the Sheriff to proceed with the abatement action as scheduled.
II. Background Information:
On October 20, 1997, we received an abandoned vehicle complaint from the
Building Inspection Department.
On October 22, 1997, a site inspection was conducted and three inoperable
vehicles were identified for abatement action.
On October 31, 1997, John V. Leland requested and appeal hearing because two
of the vehicles are involved in an estates and wants to get the Cadillac running.
On July 9, 1998, the site was reinspected and one (1) vehicle has been removed.
The white, 1983 Cadillac, 413r. And the 1963 Buick still remain on the site.
Ill. Supporting Documents:
Copies of all memos, letters and copy of Ord. 95-2.
CON'TINUtb ON ATTACNMIINTs-YES Y SIONATUfRICt 1
RECOMMCHOAT:ON OF COUNTY ADMINISTRATOR *SCOMMZNOATION Of SOAlRD COM ITTEE
APP ROVE OTHER
SIGNATURE(a) :
ACTION OF BOARD ON July 28. 1998 APPROVER AS RED -, 0 E
John Leland, Appellant, 151 Flora, Walnut Creek, commented on the proposed vehicle
abatement;
All persons desiring to speak having been heard, the hearing was CLOSED;
VOTE OF SUPERVISORS IT IS BY THE BOARD ORDERED the recommendations above are APPROVED.
I HEREBY CERTIFY THAT THIS 18 A
UNANIXOUS (ABSENT sups.TT .fig TV TRUE AND CORRECT COPY OF AN
AYES: NOEB t ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN-
ATTESTED__July 2�x®1998
cc: PHIL BATCHELOR= CLERK OF
THE BOARD OF SUPERVISORS
AN COUNTY INIST fi
,� �,, �
BY �T'' , DEPUTY
i
i ORDINANCE NO. 95- 2
(Abandoned Vehicle Abatement Ordinance Amendments-
Administration and Enforcement) -
The Centra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official tent of the enacted or amended provisions of the
County Ordinance Code): .
SECTION fi SUMMARY. This ordinance amends County Ordinance Code Division 430
to designate the Sheriff to .administer and enforce the provisions of the Abandoned
Vehicle Ordinance, and to clarify the provisions on entry onto private properly.
SECTION q. Section 430-4.014 is added to the County Ordinance Code, to define the
term "enforcement officer" to read:
430-4.014 Enforcement Officer. *Enforcement Officer"refers to the Sheriff as the
official responsible for administering and enforcing the provisions of this idivision. (Ord.
SECTION Ill. Chapter 430.8 of the County Ordinance Code is amended, to designate
the Sheriff as the County official responsible for administering the provisions of Division
430, Abandoned Vehicle Ordinance, and to delete all references to the director of
Building Inspection, to read:
CHAPTER 430.6
ADMINISTRATION AND ENFORCEMENT
430-6.002 Enfon:ement Authority. The Sheriff Is designated the enforcement
officer for this division.The Sheriff and his regularly salaried full-time employees$hall be
responsible for enforcing and administering this division pursuant to Vehicle Code Section
22663, In the enforcement of this division, such employees and other persona duly
authorized by the Sheriff"may enter upon private or public property to examine a vehicle
or parts thereof, obtain Information as to the identity of a vehicle and to remove or cause
the removal of an abandoned vehicle. (Ords. 95-„,,_,, 3, x-58 §3, 77”-112.)
430-6.O04 Abatemeft The enforcement officer may have abandoned vehicles
abated and/or removed In accordance with the procedure prescribed in this division.
(Ords. 95-.2,,,,,w§3, 86-58 §3, 77-112.)
43O.6.086 Notice of Intention. (a)Notice. The enforcement officer*hall flail a ten-
day notice of intention to abate and remove an abandoned vehicle as a public nuisance,
by registered or certified mail, to the owner of the land, anyone known to be In
possession of the land and the owner of the vehicle, unless the vehicle Is in such
condition that identification numbers are not available to determine ownership, or unless
the property owner and the vehicle owner have signed releases authoring removed and
waiving further interest In the vehicle or parts thereof.
�» (b) Contents. The notice shall contain an estimate of the cast of abatement (Including
administrative and removal casts) and a statement that this Cost may be levied as a
special assessment on the landowner's land (parcel). It shalt contain a statement of the
possessor, property and vehicle owner's hearing rights and notice to the property owner
that be or she may appear In person at a gearing or may submit a sworn written
statement denying responsibility for the presence of the vehicle on his or her land, with
reasons for such denial, in lieu of appearing. (Ords. 95-�.2.§3, 86-58 3, 77"-312.)
430.6.008 Inoperable non4owable Vehicies. (a)This chapter's notice of intention
Is not required for removal of a vehicle or part thereof which Is inoperable due to the
absence of a motor, transmission or wheels and Incapable of being toward,and Is valued
at less than two hundred dollars by a person specified In Vehicle Code Section 22855;
provided, that the property owner has signed a release authorizing removal and waiving
further Interest In the vehicle or part thereof. Prior to final disposition under Vehicle Code
Section 22882 of such a law valued vehicle or part for which evidence of registration was
recovered,the enforcement officer shall provide notice to the registered and legal owners
of intent to dispose of the vehicle or part, and If the vehicle of part Is not claimed and
removed within twelve days after the notice Is mailed from a location specified In Vehicle
Cade Section 22882,final disposition may proceed. The County, the enforcement officer
or any contractor thereof shall not be liable for damage caused to a vehicle or part thereof
by removal pursuant to this section.
{b} This section applies only to Inoperable vehicles located upon a parcel that Is: (1)
zoned for agricultural use: or(2)not improved with a residential structure containing one
or more dwelling units. (Ords. 9%. ,§3, 86-58 §3, 84-84 §2. Vehicle Cade §22661.)
SECTION IV. Chapter 430-8 of the County Ordinance Code Is amended to delete all
references to the Director of Building Inspection and to substitute to subsWe Chapter
430.8 hearings andappeals.
CHAPTER 430.8
HEARINGS AND APPEALS
434-8.002 Hearing Requests. (a) Request. Wthin ten days after the mailing date
of the notice of Intention to abate and remove,the vehicle owner,landowner or possessor
of property may request the zoning administrator for a public hearing on the question of
abatements and removal and the estimated cost thereof.
(b) Discharge. tf, !# thln this ten day period, the landowner submits a swam written
statement denying responsibility for the presence of the vehicle on his land with his
reasons for such denial, said statement shall be construed as a request for a hearing
which does not require his presence.
(c) Notice. The zoning administrator shall Immediately notify the enforcement officer of
any such requests or disclaimer. (Ords. 95-..1.§4, 86-58 +§3, 77-112.)
` 430.8.004 No Heaaafng. If no disclaimer or request for hearing is received within
V*ten day period,the enforcement officer or any person he or she authorizes shall abate
and remove the vehicle or parts thereof. Thereafter, the costs of abatement shall be
collected pursuant to Chapter 430-12. (Orris. 95-.2.j4, 86-58 S3, 77-112.)
430.6.006 Nearer Nom. When a hearing is requested,the zoning administrator
shall mail notice of the hearing at least ten days before thi hearing date, to the
enforcement officer,the landowner,any known possessor of the parcel,and to the vehicle
owner unless the vehicle Is In such condition that Identification numbers are not available
10 determine ownership. (Ards. g5-,,,Z,,,,,§4, 1 58 S3, 77-112.)
430-8,008 Hearings. All hearings under this division shall be hold before the
zoning administrator who shall receive all evidence he or she deems material, Including
the condition of the vehicle or parts thereof, the circumstances of its abandonment and
location and the estimated cost of the abatement. The zoning administrator shall not be
limited by the technical rules of evidence. The landowner may appear In person or
present a sworn written statement, In time for consideration at the hearing, denying
responsibility for the presence of the vehicle on his or her land with reasons for such
denial. (Ords. 95-.Z.§4, 86-58 +§3, 77-112.)
430-8.010 Decisions. (a) The zoning administrator may Impose such conditions
and take such other action as he or she deems appropriate under the circumstances to
carry out the purpose of this division. He or she may delay the time for removal of the
vehicle or parts thereon 9 in his or her opinion, the circumstances justify lt. At the
conclusion of the public hearing, the zoning administrator may find that there Is an
abandoned vehicle and order it abated and/or removed as a public nuisance and
disposed of as hereinafter provided and determine the cost of abatement to be charged
against the landowner. The order requiring removal shall include a description of the
abandoned vehicle and the correct identification number and license number of the
vehicle 9 available.
(b) If It Is determined at the hearing that the vehicle was placed on the land without the
consent of the landowner and that he or she has not subsequently acquiesced In its
presence,the zoning administrator shall not assess the cost of abatement(administration
and removal)against the property upon which the vehicle Is located or otherwise attempt
to collect such costs from such landowner. (Ords. 95-.j.§4, 85.5 §3, 77-112.)
430-8.012 Notice of Demon. If an Interested party makes a written presentation
to the zoning administrator but does not appear, he or she shall bi notified in writing of
Me decision. (Ords. 95-.L.§4. 88-58 §3, 77-112.)
430-8.014 Appeal. (aa) The enforcement officer, the landowner, any known
possessor of the pard or the vehicle yawner may appeal the zoning administrator's
decision by filing a written notice of appeal within ten calendar days after his or her
decision. The zoning administrator shell promptly transmit the proceedings to the Board
i of Supervisors.
(b) The Board's clerk shall promptly give written notice of the fine and place of the
hearing to the appellant and those persons specified In Section 430-6.006(a).
(c)The Board shall promptly hear such appeal, and may affirm, amend, or reverse the
order, or fake other action it deems appropriate. It shall not be limlted by the technical
rules of evidence. (Ords. 95-.�§4, 86-58 §3, 77-112.) '
SECTION V. Section 430-10.004 of the County Ordinance Code Is amended to delete
the reference to the "Director of Building Inspection" and to substitute ~enforcement
officer," to read:
430-10.004 Nctfy L1»141I«V. min five days after removal of an abandoned vehicle,
the enforcement officer shall to notify the Department of Motor Vehicles, identifying the
vehicle or parts, and send it any evidence of registration available Including registration
certificates, certificates of title and license plates. (Ords. 95-.1.§5,5, 83- 8 §3, 77-112:
Vehicle Code §22661).
SECTION VL Section 430-10.006 of the County Ordinance Code Is amended to delete
the reference to the *Director of Building Inspection" and to substitute "enforcement
officer", to read:
430-10.006 Cart Record. The enforcement officer shall prepare an itemized
written account of his or her expenses Incurred to abate the nulsane where It Is
proposed to collect costs pursuant to Chapter 430.12. Until such report Is completed, no
abatement costs(including administration)will be placed as a special assessment against
the pard of land. (Ords. W_,L.§7, 86-58 §3, 77-112.)
SECTION V11, Section 430.12.004 or the County Ordinance Code Is amended to delete
the reference to the *Director of Building Inspection" to "enforcement officer,*to read:
430-12.004 Nodlce of Assesstnent, The enforcement officer shall record at the
office of the county recorder and deliver to the auditor-controller,a certificate substantially
to the following form.
"NOTICE OF ASSESSMENT AND ABATEMENT LIEN"
(Abandoned Vehicle Abatement Cost)
Pursuant to Vehicle Code §22660, Government Code +§25845, and Ordi-
nance Code §x430-12.002, Contra Costs County abated an abandoned
vehicle nuisance on the parcel of real property described below, of which
the named person(s) Is the owner on the last equalized assessment
roll and fixed the below-shown amount as the cost thereof and hereby,
claims a special assessment against said parcel for this amount.
` 1. RECORD y1' !R(S)......................................
LAST
/i�y��}1IKY KNOWN AD�jjj(6(.0j�E S`ty)iy�.iiMiiliiii�i�yi���i�t�i'/i�■tiwiiYtii{l..IYiilirti.isi
+ 2. POSly w�iSS�R($) ( i�different� �I...•�r�YiYiiilifiiiMiiiiii.�ki.
LAST KNOWN]■�/��/}AM[D��D iE}}�S iiliiiiY.Milli'1{.........iit.i.............
3. i■�1�y]ATE.M ■■■AB ABATEMENT COMPLETED:
/O��(�•M�l�lDE{[RED../....y)........... ....R.......s.........
. 4. DATE ABATEMENT CT'+' PLETE :.....i...............................
S. PARCEL: Real property In Contra Costa County, Callfomia County,
Assessor's parcel #...........[Other description where needed:
8. AMOUNT OF ABATEMENT
(ASSESSMENT) COST:$.N........................................
Dated:_
Contra Casts County
By..YiiiMi.rtiY..Y.Y
Enforcement Officer
er"
(Orris. 95-1.§7,§7, 88-88 §'t2, 88-88 J3, 77-112).
SECTION loll.EFFECTIVE BATE.This ordinance becomes effective thirty(30)days after
passage, and within fifteen (f 5) days after passage shall be published once with the
names of the Supervisors voting for and against It In a newspaper published In this
County.
PASSED on qsn!4 kry lc, 1995 , by the following'vote:
AYES: Supervisors Rogers, Smith, UeSaulnier, Torlakson and Bishop
NOES: None
ABSENT. None
ABSTAIN: None
ATTEST. PHIL BATCHELOR,
Clark of the Board of Supervisors and County Administrator
By. '
Deputy Chairpe son of the Board
OFFICE OF THE SHFRIFF WARREN E. RUFF
Centra Costa Count,;: Sheriff
Robert R. Henderson
Field Operations Bureau Undersheriff
(510) 313-2500/2600
Date: April 28, 1998
To: Dennis Barry, Director, Community Development
From: Capt. D. Mongse a Acting Commander
Field Operations Bureau
Subject: 151 Flora St., Walnut Creek; APN: 184-010-003
Property Owner: John V. Leland
Background:
Can October 20, 1997, we received an abandoned vehicle complaint from the Building
Inspection Department.
On October 22, 1957, a site inspection was conducted and three inoperable vehicles were
identified for abatement action.
On October 31, 1997, John V. Leland requested an appeal hearing because two of the
vehicles are involved in an estates and wants to get the Cadillac running.
RecoMmenda ion:
Allow the Sheriff's Office to proceed with this abatement action since there has been
sufficient time elapsed to solve the problem.
PCt N'
184-010-0{13-4 SIVE 1:51 FLORA ST WALCR
USE/RSP--ll-1 101".0% J
OWNR LELAND JOHN 'V NOTF .P 0 SOS 14 402 94604
OAKLAND CA
******************* ASSESSOR INQUIRY *********** ********* ******** 1997-1998
FLORALAND TRACT POR LOT 27 0.290 AC LAND- 30,102
IMPR- 28,586
ACRE 0.290 SR HO ASR YR PSZ- 0
PERS- 0
TRA 98002 - 94 TX NHHD 2445 COR YR TOIL 88,688
UPDATED 09/04/91 VALUED 10/06/88 PN-LND 0
FROM TO PN-IMP 0
PN-PSZ 0
DEED NO DATE RC DRI STATUS PN-PP 0
05011/561 12/10/65 0 EX14 0
0
BLDR EX APPR REASON IF NET 58,688
***ETAL*** *RM4ARXS*'
01/27/98 LFF'2762
gr fm
REFERRAL FROM: D REFERRAL DAT�rjeLl f .
violation descrtotion
ZZ2 a2&
I.s., abandoned vehicle, abandoned home,trashigarbage,taming. Are hazard, hbatth hazard,
hazardous materials, code Infraction,weeded lot, road condition, peddler,
Address Location: -'
Nearest cross stmt
Unincorporated area: City:
Parcel #. Thomas Eros. Coord:
Complainant (confidential) optional: r
Address: Phone
REFERRAL SENT TO:
ENVIRONMENTAL HEALTH ,_,,,BUILDING INSPECTION
ZONING At MINISTRAT1ON (if# )
PUBLIC WORKS SHERIFF
_„_„OTHER (SPECIFY l ,,.FIRE (DISTRICT)
1)Send original of this completed form to departments) for referral. 3} Keep copy for your ties mom
3) Return copy with above infonnatlon to:John Gregory m 46-4os9), C+wnty Adninlstnetoes office
651 Pine St, 11th Floor, Martlnez, CA 94553
i
Date of contact: ./cr y 57 Contact by:
(Rhone visu letter}
Investigation findings:
(use back of page If necessary)
Investigated by: Department:
Gate: Phone Follow up by this dept?
!f yes, Mate Resolved:- yes no
Explanation
LIS Referral #
TIaunt of Ql'anf= Taste
Offire of t4t 4:eriff
warren E.Rupt
shww
NOTICE OF INTENT TO ABATE ABANDONED VEHICLES
January 29, 1999
John V. Leland RVS: 97-241
P.O. Box 12002 . APN: 184-010-003
Oakland, CA 94604 ADDRESS: 151 Flora St. , Walnut Creek CA
Vehicle(s)were observed by this Department, (see attached inventory on property owned by you
or under your control),in an abandoned condition. County Ordinance 95-2 requires the removal,
ds a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicle(s), or parts
thereof from public or private property. Said vehicles(s) are in violation of this Ordinance and
must be removed. The cost will be billed to you. Failure to pay the bill will result in a special
assessment to the owner of the land as shown on the last equalized assessment roll.
HEARING RIGHTS
If you contend that these vehicle(s) are not subject to abatement you are entitled to a hearing.
You may request a hearing by contacting the Contra Costa County Sheriffs Office in writing,
stating the reason for the denial, within 10 days of the postmarked date of this notice. Your
presence is not required at the hearing.
If you do not own the vehicle(s) and they were placed on our property without your consent they
will be removed by the Sheriffs Office at no expense to you.
If you wish to remove the vehicle(s) yourself, contact the Abandoned Vehicle Abatement Program.
If you have questions regarding this letter contact the Abandoned Vehicle Abatement program
at (510)313-2796.
Sincerely
WARREN F, Sheriff
Nan y Pe7White, Patrol Division
ABANDONED VEHICLE ABATEMENT PROGRAM
1950 Muir Road•Martinez,California 9455341300
(510)313-2500
,
(Co uxtbg of (gantra (Costa
Off rz of z4-exiff
Warren E.Rupf
shwo
NOTICE OF INTENT TO ABATE ABANDONED VEHICLES
January 29, 1995
Resident/Tenant RVS: 97-241
151 Flora St. APN: 184-010-403
Walnut Creek, CA 94596 ADDRESS: 151 Flora St. , Walnut Creek CA
Vehicle(s)were observed by this Department, (see attached inventory on property owned by you
or under your control),in an abandoned condition. County Ordinance 95-2i requires the removal,
as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicle(s), or parts
thereof from public or private property. Said vehicles(s) are in violation of this Ordinance and
must be removed. The cost will be billed to you. Failure to pay the bill will result in a special
assessment to the owner of the land as shown on the last equalized assessment roll.
HEARING RIGHTS
If you contend that these vehicle(s) are not subject to abatement you are entitled to a hearing.
You may request a hearing by contacting the Contra Costa County Sheriff's Office in writing,
stating the reason for the denial, within 10 days of the postmarked date of this notice. Your
presence is not required at the hearing.
If you do not own the vehicles) and they were placed on our property without your consent they
will be removed by the Sheriffs Office at no expense to you.
If you wish to remove the vehicle(s)yourself, contact the Abandoned Vehicle Abatement Program.
If you have questions regarding this letter contact the Abandoned Vehicle Abatement program
at (510)313-2755.
Sincerely
WARREN RUPF, heriff
Nancy Pe White, Patrol Division
ABANDONED VEHICLE ABATEMENT PROGRAM
1980 Muir Road•Martinez,California 54553-4800
(510)313-2500
(ffm rtt of 4Tttrat (9vats
Off m of toe A4jeriff
Win E.Rupf
Shwffl
NOTICE OF INTENT TO ABATE ABANDONED VEHICLES
January 29, 1998
Marie J. Oneill RVS: 97-251
824 Erie St., Apt. #15 APN: 029-050-001
Oakland, CA 94510 ADDRESS: 151 Flora St., Walnut Creek
Vehicle(s)were observed by this Department, (see attached inventory on property owned by you
or under your control),in an abandoned condition. County Ordinance 95-2 requires the removal,
as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicle(s), or parts
thereof from public or private property. Said vehicles(s) are in violation-of this Ordinance and
must be removed. The cost will be billed to you. Failure to pay the bill will result in a special
assessment to the owner of the land as shown on the last equalized assessment roll.
HEARING RIGHTS
If you contend that these vehicle(s) are not subject to abatement you are entitled to a hearing.
You may request a hearing by contacting the Contra Costa County Sheriffs Office in writing,
stating the reason for the denial, within 10 days of the postmarked date of this notice. Your
presence is not required at the hearing.
If you do not own the vehicle(s) and they were placed on our property without your consent they
will be removed by the Sheriffs Office at no expense to you.
If you wish to remove the vehicle(s) yourself, contact the Abandoned Vehicle Abatement Program.
If you have questions regarding this letter contact the Abandoned Vehicle Abatement program
at (51+0)813-2798.
Sincerely
WARREN . RU F, Sheri
Nanc Perry White, Patrol Division
ABANDONED VEHICLE ABATEMENT PROGRAM
19W Muir Road•Martinez,California 94553-4800
(510)313-25M
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WARRENE. RUFF
Centra Costa County Sheriff
Robert R. Henderson
Patrol Division Undersherifft
510-313-2500
Date: April 16, 1998
To: Dennis Barry, Community Development Department
Attn: Debi Foley
From: Nancy Perry White, Patrol Divisi
Abandoned Vehicle Abatement Program
Subject: Appeal. Hearing Scheduled for May 4, 1998
The following appeal is scheduled to be heard by the Zoning Administrator on May 4, 1998. We request
that the appeal hearings be scheduled as early as passible on the agenda to allow our personnel to return
to the field. Notification of hearing have been sent to the following individuals on April 6, 1998.
Notification names and address are:
1. Violation Address: 151 Flora St., Walnut Creek
APN: 184-010-003 File#97-241
Property Owner: John V. Leland
Notification Address: P.O. Box 12002, Oakland, CA 94604
Vehicle Description: 63 Buick Special, Station Wagon, Blue
Lic.# 2HNH876 VIN: 071548234
Vehicle Owner: Marie J. Oneill
Notification Address: 6824 Erie St., Apt. 15
Oakland, CA 94610
Vehicle Description: 63 Cadillac, 4 Dr., White
Lic # BEW535, VIN: 63B069424
Vehicle Owner: John V. Leland
Notification Address: P.O. Box 12002, Oakland, CA 94604
Vehicle Description: 63 Buick, 4dr., Tan
Lic.# DKE995, VIN: 172514665
Vehicle Owner: Marie J. Oneill
Notification Address: 6824 Erie St., Apt. 15
Oakland, CA 94610
Should you need any further information, please call me at 3-2796. Thank you.
Cv=rdV of 41. at (Ilastu
+ ffice of *A42rcff
warm E.Rupt
an.�r
April 6, 1998
John V. Leland
P.O. Box 12002
Oakland, CA 94604
RE. RVS 97-241, Vehicle Abatement, 151 Flora St., Walnut Creek
Dear Sir.
As requested by you, a Hearing has been scheduled to appeal the vehicle abatement
action on 151 Flora St., Walnut Creek. The hearing is to be held before the County
Zoning Administrator on Monday, May 4, 1998, 1:30 p.m, Room 107, 651 Pine St, I"
Floor, Martinez. If you have any further questions, my telephone number is (925)313-
2796.
Respectfully,
WARREN . , Sheriff
Na y Perry White, Patrol Division
Abandoned Vehicle Abatement Program
cc: Dennis Barry, CCD
1980 Muir Road•Martinez,California 94553-4800
(510)313-2500
lourttIV of (11outra Toots
f ffrt .of t4z S4.eriff
Warren E.Rupf
shww
May 4, 1998
John V. Leland
P.O. Box 12002
Oakland, CA 94604
Re: Abatement Action, 151 Flora St., Walnut Creek
Dear Sir:
The appeal you requested before the Zoning Administrator on May 4 1558, was held in
your absence since you did not appear. The Zoning Administrator's decision is as
follows. You have until May 14, 1998, to get the vehicles operable and call for an
inspection or to remove the vehicles from the site.
You have the right to appeal the Zoning Administrators decision. This can be done by
contacting the Clerk of the Board of Supervisors, 651 Pine St., 1" Floor, Martinez, CA
94553. Your appeal must be in writing and must be received by the;Clerk of the Board
by May 14, 1998, 5:96 p.m.
Sincerely,
Capt. D. Mongsene, Acting Commander
Field Operations Bureau
ASlnpw
1980 Muir Road•Martinez,California 94553-4800
(510)313-2500
CONTRA COSTA COUNTY ti V.4-
Clerk
.4 Clerk of the Board
Inter-Office Memo ' rg pit `
r�
TO: Zoning Administrator
Community Development Department
DATE: May 15, 1998
FROM: Jeanne Maglio, Chief Clerk
Clerk of the Board of Supervisors f
By Ann Cervelli, Assistant Clerkot-
SUBJECT. Abandoned vehicle Abatement .Appeal
On May 14, 1998, this office received from John Leland a
request for an appeal hearing from the decision of the Zoning
Administrator on the proposed abatement of abandoned vehicles .
Mr. Leland' s appeal has been scheduled for Tuesday, June 23
1998 , at 2 P.M. if Mr. Leland' s appeal is not timely or there is
any other reason the appeal should not be heard by the Board of
Supervisors, please notify me immediately.
If the appeal is timely and should be heard by the Board of
Supervisors on Tuesday, June 23, 1998, at 2 P.M. , please advise
this office in writing by May 25, 1998 , and provide a list of
people to be notified along with their addresses. Material to be
considered by the Board on should be provided to this office by
June 17, 1998 .
Thank you.
ac
CC: County Counsel-D. Silver
Sheriff-Coroner-Abandoned vehicle
Abatement Office-Nancy white
County Administrator-John Gregory
RECEIVED
` MAY 14 1898
CONM�A COSTA Co.
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CELMAR C. SANDERS, M. d.
NEUROLOGICAL BURGERY
42+S 26Tr+9T'REET. 2No FLOOR
OAKLANCU CALIFORNIA 94609.3611
OFFICE 1510)839.6991
FAX{5101 839-7734
DIPLOMATS OC AMEMCAN fOARO Or N;UMOLOOICAL*UV#GCRY
LIMITCO TO TNS P1IACTICE Or NCUROLOOICAL•UPOCRY
February 12, 1998
RF: Mr . John Leland
SS# 549-26-7449
To Whom It May Concern.
This is to verify that Mr. Leland .underwent surgery on De'c. 31 , 1997
for a sudural hematoma and is considered temporarily disabled until
approximately April 1 , 1996 .
Should you require more information, please contact this office.
Sincerely,
Delkd' C k
. Sanders, M.D.
DCS:yas
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The Board of Superv. . rsontrae* tea
Cesuttt�t A� "Irftftoon suming Cit
661 Pim Stt�aet,Room 106 Costa
Martinex,Ce#� 053-1293 County
.Nm .tst i cs
0400 IL iN WIW 2nd MOM
#0am QWbrr,3rd DoWd a'.
UWk fir,4th DWhid
J06 Com,5Ut owtid
June 4, 1998
Jahn V. Leland
P.O. Bax 12002
Oakland, CA 94604
Lear Mr. Leland:
Pursuant to Ordinance No. 95-2, Section 430-8 . 014 (b) , you
are hereby notified that your appeal from the decision of the
Zoning Administrator relative to vehicles which you own will be
heard by the Board. of Supervisors on Tuesday, June 23, 1998,
at 2 P.M. in the Beard Chambers located at 651 Pine Street, Room
107, in Martinez, California.
Very truly yours,
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
CounAdm istr
By °
y erk
CC: County Counsel
Sheriff 's Office-Abandoned Vehicle Abatement
Zoning Administrator-Community Development
County Administrator-Jahn Gregory
Tenant/Resident
151 Flora St.
Walnut~ Creek, CA 94596
Ale VEST TO SPZAx yORM
0014plete this form and place it in the box near the speak
rostra before addre in the Baard» ers+
a
Address
City:_..
16 an speaking for Myself or organization:
.. _
y C $C C OMNI (no* of Or iut on)
T wish to speak on Agenda Item # lw
Date,, rt
i icy comments will bet general, for . against
-.�. I wish to speak on the subject of
»
- - I do not wish to speak but leave these comments for the
d card to consider:
10. BOARD OF UPERVISOR5 � � ,�. Contra
Costa
W: cqpt. D. t��, .. .. County
DATIE<: ,fie % 1998
SUVACT; Appeal to the Board By W. Min V. LeL%-rl to tw-est 9jspalsicn of the a fmr. nwt
of AVAP turd.•95-2
SPECIFIC REQUEST(S)OR RECOWANDATION(S)A BACKGROUND AND JUSTIFICATION
I. RSMMmgndad Action:
Authorize the Sheriff to proceed with enforcement of Co. Ord. 95-2 requiring the
removal of inoperable vehicles or parts thereof from privilte property located at 151
Flora St., Walnut Creek, The Sheriff requests the Board deny the Appeal and
dirett the Sheriff to proceed with the abatement action as scheduled.
ll._. Background Infopation:
Can October 20, 1997, we received an abandoned vehicle complaint from the
Building Inspection Department.
On October 22, 1997, a site inspection was conducted and three inoperable
vehicles were identified for abatement action.
On October 31, 1997, John V. Leland requested and appeal hearing because two
of the vehicles are involved in an estates and wants to get the Cadillac running.
III. ,SulMorting.DopU'ments:
Copies of all memos, letters and copy of Ord. 95-2.
OONTNAIED ON ATTACHMENT: YES $*NATURE:
i
..
RECOMMENDATION OF COUNTY AtOMiNIMTRATOR ,_„RECOMI,ENOATION OF BOARD COWAI TEE
APPROVE OTMA
6xM!URE(S):
ACTION OF BOARD ON jan e 23, 1998 _ APPROVED AS AECOMMNDED OTHER
IT IS BY THE BOARD ORDERED that the hearing on the above
matter is CONTINUER to July 28, 1998, at 2 :45 p.m. in the
Hoard ' s chambers .
VOTE OF SUPERVISORS
I HERESY CERTIFY THAT THIS IS A TRUE
X UNAN%0-M(ABSENT _ _ _ _ _ AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE i`WJ M$OF THE BOARD
AYES: MM",OES: OF SUPERVISOM ON THE DATE*K MN
ABSENT: ABSTAIN- ATTESTED -.r 2,3 19„4 R
CO: Sheriff P14 t.SAT04ELOR.CUM OF"X WARD OF
C t y Counsel It MMSOAS AW COWT Y ADM#MYMM
MM to" BY ,DEPUTY
*RDINANCE NO. tib• 2
(Abandoned Vehicle Abatement Ordinance Amendments-
Administration and Enforcement) .
The Contra Costa, County Board of Supervisors ordains as follows (orrtiting the
parenthetical footnotes from the official text of the enacted or amended provisions of the
County Ordinance Code):
SECTION L SUMMARY. This ordinance amends County Ordinance Code Division 430
to designate the Sheriff to administer and enforce the provisions of the Abandoned
Vehicle Ordinances, and to clarify the provisions on entry onto private property.
SECTION IL Section 430.4.014 is added to the County Ordinance Cods, to define the
term *enforcement officer" to read: ,
4304.014 Enforcement Ofncer. "Enforcement Officer"refers to the Sheriff as the
official responsible for administering and enforcing the provisions of this division. (Gird.
SECTION til. Chapter 430-6 of the County Ordinance Code is amended, to designate
the Sheriff as the County official responsible for administering the provisions of division
430, Abandoned Vehicle Ordinance, and to delete all references to the Director of
Building Inspection, to read:
CHAPTER 430-6
ADMINISTRATION AND ENFORCEMENT
430-6.002 Enforcement Authosrfty. The Sheriff Is designated the enforcement
officer for this division. The Sheriff and his regularly salaried full-time employees shall be
responsible for enforcing and administering this division pursuant to Vehicle Cade Section
22IS63. In the enforcement of this division, such employees and other persons duly
authorized by the Sheriff may enter upon private or public property to examine a vehicle
or parts thereof, obtain Information as to the identity of a vehicle and to remove or cause
the removal of an abandoned vehicle. (Ords. 95-2._§3, 86-58 §3, 77.112.)
430-6.004 Abate rnerrt. The enforcement officer may have abandoned vehicles
abated and/or removed In accordance with the procedure prescribed in this division.
(Ords. 95-.L_§3, 8"S 13, 77-112.)
430-6.O06 Notice ofIntendoit (e)Notice. The enforcement ofc+er shall mail a ten-
day notice of intention to abate and remove an abandoned vehicle as a public nuisance,
by registered or tx►rtified mail, to the owner of the land, anyone known to be In
possession of the land and the owner of the vehicle, unless the vehicle Is In such
condition that identification numbers are not available to determine ownership, or unless
Me Property owner and the vehicle owner have signed releases authorizing removal and
waiving further Interest In the vehicle or parts thereof.
__
01
� (b) Contents. The notice shell contain an estimate of the cost of abatement (including
administrative and removal costs) and a statement that this cost may be levied as a
special assessment on the landowner's land(pard). n shall contain a statement of the
possessor, property and vehicle owner's hearing rights and notice to theproperty owner
that be or she may appear in person at a hearing or may submit a swan written
statement denying responsibility for the presence of the vehicle on his or her land, with
reasons for such denial, In lieu of appearing. (Ords. g5-1.§3, 13+ 58 §3, 77-112.)
430-8;008 Inoperable noble V*hkies. (a)This chapter's notice of intention
1s not required for removal of a vehicle or part thereof which Is Inoperable due to the
absence of a motor, transmission or wheels and incapable of being towed, and Is valued
at less than two hundred dollars by a person specified In Vehicle Code Section 22855;
provided, that the property owner has signed a release authorizing removal and waiving
further interest in the vehicle or part thereof. Prior to final disposition under Vehicle Code
Section 22652 of such a low valued vehicle or part for which evidence of registration was
recovered,the enforcement officer shall provide notice to the registered and legal owners
of intent to dispose of the vehicle or part, and 9 the vehicle or part is net claimed and
removed within twelve days after the notice is mailed from a location spoe Pied In Vehicle
Code Section 22882,final disposition may proceed. The County,the enforcement officer
or any contractor thereof shall not be liable for damage caused to a vehicle or part thereof
by removal pursuant to this section.
(b) This section applies only to inoperable vehicles located upon a parcel that Is: (1)
zoned for agricultural use: or(2) not improved with a residential structure containing one
or more dwelling units. (Girds. 95-.Z_§3, 8658 §3, 84-4 §2: Vehicle Code §22661.)
SECTION IV. Chapter 430-8 of the County Ordinance Code Is amended to delete all
references to the Director of Building Inspection and to substitute to substitute Chapter
430-8 hearings and appeals.
CHAPTER 430-8
HEARINGS AND APPEALS
430-8.002 Hearfrtg Requests. (a) Request. Within ten days alter the mailing date
of the notice of intention to abate and remove,the vehicle owner,landowner or possessor
of property may request the zoning administrator for a public hearing on the question of
abatements and removal and the estimated cost thereof.
(b) Discharge. 9, within this ten day period, the landowner submits a sworn written
statement denying responsibility for the presence of the vehicle on his land with his
reasons for such denial, sold statement shall be construed as a request for a hearing
which does not require hitt presence.
(c) Notice. The zoning administrator shall Immediately notify the enforcement officer of
any such requests or disclaimer. (4rds. 95-..L_§4, 88-58 §8, 77-112.)
t
r
` 430-8.004 No Hearing. ff no disclaimer or request for hearing is received within
the ten day period,the enforcement officer or any person he or she authorizes shell abate
and remove the vehicle or parts thereof. Thereafter, the costs of abatement shall be
collected pursuant to Chapter 430-12. (Ards. 95-.Z.§4, 86.58 S3, 77-112.)
4304.CI05 Hearing Nodoe. When a hearing Is requested,the zoning administrator
shell mail note of the hearing at least ten days before the hearing date, to the
*nforoement officer,the landowner,any known possessor of the pard,and to the vehicle
owner unless the vehicle Is In such condition that Identification numbers we not available
to determine ownership. (Ords. 95-.2.§4, 86-58 §3, 77-112.)
430.8.008 Hearings. All hearings under this division shall be held before the
zoning administrator who shall receive all evidence he or she deems material, Including
the condition of the vehicle or parts thereof, the circumstances of its abandonment and
location and the estimated cost of the abatement. The zoning administrator shell not be
limited by the technical rules of evidence. The landowner may appeatr In person or
present a sworn written statement, In time for consideration at the hearing, denying
responsibility for the presence of the vehicle on his or her land with reasons for such
denial. (Ords. 05-.,,2 4, 865-58 §3, 77-112.)
Ot t#-8.010 Decisions. (a) The zoning administrator may Impose such conditions
and take such other action as he or she deems appropriate under the circumstances to
carry out the purpose of this division. He or she may delay the time for removal of the
vehicle or parts thereof, If In his or her opinion, the circumstances Justify It. At the
conclusion of the public hearing, the toning administrator may find that there Is an
abandoned vehicle and order ft abated and/or removed as a public nuisance and
disposed of as hereinafter provided and determine the cost of abatement to be charged
against the landowner. The order requiring removal shall Include a description of the
abandoned vehicle and the correct Identification number and licensee number of the
vehicle If available.
(b) If It Is determined at the hearing that the vehicle was placed on the land without the
consent of the landowner and that he or she has not subsequently acquiesced In its
presence,the zoning administrator shall not assess the cost of abatement(administration
and removal)against the property upon which the vehicle Is located or otherwise attempt
1b collect such costs from such landowner. (Ords. 95-.Z.§4, 85-58 S3, 77-112.)
430.8,012 Notice of Decdslon. If an Interested party makes a written presentation
tD the zoning administrator but does not appear, he or she shall be notified In writing of
Via decision. (Cuda. W..L.§4, 85.58 S3, 77-112.)
4304.014 AppsohL (a) The enforcement officer, the landowner, any known
possessor of the parcel or the vehicle owner may appeal the zoning administrator's
decision by filing a written notice of appeal within teen calendar days; after his or her
decision.The zoning administrator,shall promptly transmit the proceedings to the Hoard
of Supervisors.
{b} The Board's clerk shall promptly Hive written notice of the time and place of the
hearing to the appellant and those persons specified to Section 430-6.008(a).
(c)TI)e Board shall promptly hear such appeal, and may affirm, amend, or reverse the
order, at take other action it deems appropriate. it shell not be limped by the technical
ruin of evidence. (Orris. 95-.2..§4, W58 §3, 77-112.) .
SECTION V. Section 43D-10.004 of the County Ordinance Cade is amended to delete
the reference to the '"Director of Building inspection" and to substitute "enforcement
officer,*to read:
43040.004 Notify nXV. Within rave days after removal of an abandoned vehicle,
the enforcement officer shall so notify the Department of Motor Vehicles, identifying the
vehicle or parts, and send It any evidence of registration avallable Including registration
certificates, certificates of title and license plates. (Ords. 95-„.2.§5, 86-58 §3, 77-112:
Vehicle Code§22881).
SECTION VI. Section 430-10.006 of the County Ordinance Code is amended to delete
the reference to the Virector of Building Inspection” and to substitute I"enforcement
officer", to read:
430.10.008 Gust Record. The enforcement officer shall prepare an'itemized
written account of his or her expenses Incurred to abate the nuisance where it Is
proposed to collect costs pursuant to Chapter 430-12. Until such report is completed, no
abatement costs(including administration)will be placed as a special assessment against
the parcel of land. (Ords. 95-„L,+§7, 86-58 §3, 77-112.)
SECTION VII. Section 430.12.1004 of the County Ordinance Code las amended to delete
the reference to the "Director of Building Inspection” to "enforcement officer,"to read:
43042.004 Nater of Assessment; The enforcement officer shall record at the
office of the county reorder and deliver to the auditor-controller,a certificate substantially
In the fallowing form:
"NOTICE OF ASSESSMENT AND ABATEMENT LIEN"
(Abandoned Vehlcle Abatement Cost)
Pursuant to Vehicle Code §22660, Government Cade §25845, and Ordi-
nance Code §430-12.00+2, Contra Costa County abated an abandoned
vehicle nuisance on the parcel of real property described below, of which
Me named person(&) las the owner on the last equalized assessment
roll and faxedthe below-shown amount as the cost thereof and hereby,
claims a special assessment against said parol for this amount
i. RECORD �:};�.� ari.srw.as.aerarx.s.r,ss......... .......
LAS# KN�//�yN /1�T� � swsi.a.rr.r.s..isseYs.s.rr..asi.sr.ar......
2. POSSESSOR(S) ((if different from owner):...........Yrir,..«...i
LASTKNOWN
3. DATE ABATEMENT
i ORDl.......
.....V....ilii.i..1.V..i..�ii..
- 4. DATE ABATEMENT COMPL!ETED..................................a...
5. PARCEL:'Real property in Contra Costa County, California:Court►,
Assessor's parcel#.....,.....10ther description where needed]:
8. AMOUNT OF�}ABA'=f� MENT
(A ESSMEi•T V S i.$...... ...................................
dated:..... "
Contra Costa County
By.•...rr.rr.irrr.•
Enforcement Offlcer"
(Orris. 95-.1.§70 8 S §12, 86.58 §3, 77-112).
SECTION VIII.EFFECTIVE DATE.This ordinance becomes effective thirty(30)days after
passage, and within fifteen (15) mays after passage shall be published once with the
names of the Supervisors voting for and against it in a newspaper published in this
County.
PASSED on January 10, 3995 , by the ollowing`vote:
AYES: Supervisors Rogers, Smith, De5aulnier, Torlakson and Bishop
NOES: None
ASSENT. Nene
ABSTAIN: Nene
ATTEST. PHIL BATCHELOR,
Clerk of the Board of Supervisors and County Administrator
By:40, /� 4440
- z lad- PAO j ---
Deputy C#sairpe sin of the Burd
OFFI. E OF THE HER`FF ''fARREN S. RUFF �.
Contra Costa Counter Sheriff
Robert R. Henderson
Field Operations Bureau undersheriff
(510) 313-2500/2800
Date: April 28, 1998
To: Dennis Barry, Director, Community Development
From: Capt. D. Mongse a Acting Commander
Field Operations Bureau
Subject: 151 Flora St., Walnut Creek; APN: 184-010-003
Property Owner: John V. Leland
Background:
On October 20, 1537, we received an abandoned vehicle complaint from the Building
Inspection Department.
On October 22, 1997, a site inspection was conducted and three inoperable vehicles were
identified for abatement action.
On October 31, 1997, John V. Leland requested an appeal hearing because two of the
vehicles are involved in an estates and wants to get the Cadillac running.
Recomm-endalon.
Allow the Sheriffs Office to proceed with this abatement action since there has been
sufficient time elapsed to solve the problem.
r
PCf_NO 184-OJLO-003-4 SITE 151 FLORA 8'3w', WALCR
USE/RSP ^11-1 100. J
OWNR LELAND JOHN V NOW P O BOX 1206 94 604
OAKLAND CA
►* *�t************** ASSESSOR INQUIRY *�t*�t*�***�* �t*�r***�r*�t *******�t 1997-1998
FLORALAND `."BRACT POR LOT 27 0.290 AC LAND-- 30,102
IMPR- 28,,586
ACRE 0.290 5R HO ASR YR PSI-- 0
PERS- 0
TRA 98002 - 94 TX NBHD 2445 COR YR TOT'L 58,688
UPDATED 09/04/91 VALUED 10/06/88 PN-LND 0
FROM TO PN_IMP 0
PN-PSI 0
DEED NO DATE RC DRI STATUS PN_PP 0
05011/561 12/10/65 0 EM 0
0
BLDR EX APPR REASON IF NET 58,688
***ZTAL*** *REMARKS*
01./27/98 LFF2762
..w...w ww+rsiraar�wW1 ^rrIMM'cM'K�---
r.Qe' M ... .... ...
REFERRAL FROM. / REFERRAL DAT�r'.:�EXT:
atlon description
Le.,abandoned vele, abandoned horns, zoning,lire hazard. h6alth hazed,
hazardous materials, coda infraction,wooded lot, road condition, peddler,
Address I:ocation:
Nearest cross strut
" Unincorporated area: � :rs �..., City:
Parcel : Thomas Bras. Coord:
,Complainant (confidential) optional: t
Address: Phone s:&&
REFERRAL SENT TO:`
-ENVIRONMENTAL HEALTH _BUILDING INSPECTION
.ZONING ADMINISTRATION MR ..... ;
.�, PUBLIC WORKS SHERIFF
,,,,.OTHER (SPECIFY -FIRE (DISTRICT)
1)Send orginai of this completed form to depaitment(s)forreferral 2)Keep y for your tiles
3)Return copy with above information to:John Gregory {4+4039), County Administratoft Office
SS"E Pine Sta, 1#th Floor,Martinez, CA 94693
��PI�MI��/I�il�l�illlll�ml��ili��►
Date of contact: ;. /5-7 .�...._.. Contact by:
If
{phClnB(ltisu'� letter)
Investigation findings:
-- • ✓ ,moi . - ,!�#' 7��J ;77,ger
(use back of page if necessary)
Investigated by: Department:
Date: Phone Follow up by this Dept??.
1f yes, Date Resolved: yes no
Explanation
LIS Referral #
(CountV of Qlantra (Costa
(10iffire of t4t 4,eriff
Warren E.Rupf
NOTICE OF INTENT TO ABATE ABANDONED VEHICLES
January 29, 1998
John V. Leland RVS: 97-241
P.O. Box 12002 . APN: 184-010-003
Oakland, CA 94604 ADDRESS: 151 Flora St. , Walnut Geek CA
Vehicle(s)were observed by this Department, (see attached inventory on property owned by you
or under your control),in an abandoned condition. County Ordinance 95:2 requires the removal,
ds a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicle(s), or parts
thereof from public or private property. Said vehicles(s) are in violation of this Ordinance and
must be remra�The cost will be billed to you. Failure to pay the bill will result in a special
assessment to the owner of the land as shown on the last equalized assessment roll.
HEADING RIGHTS
If you contend that these vehicle(s) are not subject to abatement you are entitled to a hearing.
You may request a hearing by contacting the Contra Costa County Sherifs Office in writing,
stating the reason for the denial, within 10 days of the postmarked date of this notice. Your
presence is not required at the bearing.
If you do not own the vehicle(s) and they were placed on our property without your consent they
will be removed by the Sheriff's Office at no expense to you.
If you wish to remove the vehicle(s) yourself, contact the Abandoned Vehicle Abatement Program.
If you have questions regarding this letter contact the Abandoned Vehicle Abatement program
at (510)313-2798.
Sincerely
WARREN , Sheriff
744
Nan y Pe4 White, Patrol Division
ABANDONED VEHICLE ABATEMENT PROGRAM
1880 Muir Road►Martinez,caiitomia ws3-4aoo
(510)313.2500
Y
(9--o ntV of Qlazarn 41,ast C
Office of # e A4triff
Warren E.Rupf
shw#
NOTICE OF INTENT TO ABATE ABANDONED VEHICLES
January 29, 1998
Resident/Tenant R'VS: 97-241
151 Flora St. APN: 184-010-003
Walnut Creels, CA 94596 ADDRESS: 151 Flora St. , Walnut Creek CA
Vehicle(s)were observed by this Department, (see attached inventory on property owned by you
or under your control),in an abandoned condition. County Ordinance 95-2 requires the removal,
as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicle(s), or pmts
thereof from public or private property. Said vehicles(s) are in violation of this Ordinance and
Mit t2 rgr oved, The cost will be billed to you. Failure to pay the bill will result in a special
assessment to the owner of the land as shown on the last equalized assessment roll.
HEARING RIGHTS
If you contend that these vehicle(s) are not subject to abatement you are entitled to a hearing.
You may request a hewing by contacting the Contra Costa County Sheriffs Office in writing,
stating the reason for the denial, within 10 days of the postmarked date of this notice. Your
presence is not required at the hearing.
If you do not own the vehicle(s) and they were placed on our property without your consent they
will be removed by the Sheriff's Office at no expense to you.
If you wish to remove the vehicle(s) yourself, contact the Abandoned Vehicle Abatement Program.
If you have questions regarding this letter contact the Abandoned Vehicle Abatement program
at (510)313-2795.
Sincerely
WARREN L RUPF, heriff
Nancy Pe White, Patrol Division
ABANDONED VEHICLE ABATEMENT PROGRAM
1980 Muir Toad•Martinez,Caiifomia 94553-4800
(5 t 0)313-2500
�Y
410=t-a rr Graz tra 4106ts
(offer of t4Z A42riff
warran E.Aupf
&WO
NOTICE OF INTENT TO ABATE ABANDONED VEHICLES
January 29, 1998
Marie J. Oneill RVS: 97-251
824 Erie St., Apt. #15 APN. 029-050-001
Oakland, CA 94510 ADDRESS: 151 Flora St., Walnut Creek
Vehicle(s)were observed by this Department, (see attached inventory on property owned by you
or under your control),in an abandoned condition. County Ordinance 95-2requires the removal,
as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicle(s), or parts
thereof from public or private property. Said vehicles(s) are in violation of this Ordinance and
must be remve The cast will be billed to you. Failure to pay the bill will result in a special
assessment to the owner of the land as shown on the last equalized assessment roll.
HEARING FIGHTS
If you contend that these vehicle(s) are not subject to abatement you are entitled to a hearing.
You may request a hearing by contacting the Contra Costa County Sheriffs Office In writing,
stating the reason for the denial, within 10 days of the postmarked date of this notice. Your
presence is not required at the hearing.
If you do not own the vehicle(s) and they were placed on our property without your consent they
will be removed by the Sheriff's Office at no expense to you.
If you wish to remove the vehicle(s)yourself, contact the Abandoned Vehicle Abatement Program.
If you have questions regarding this letter contact the Abandoned Vehicle Abatement program
at (510)313-2796.
Sincerely
WARREN RU F, Sher`
1�. i
Nan Perry White, Patrol'Division
ABANDONED VEHICLE ABATEMENT PROGRAM
1980 Muir Road+Martinez,cal forma 94553. soo
(510)313-2500
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..................................................
0MC i:r OF SBERIFF WARREN E. RLW
Contra Costa County sheriff
Obert R.Henan
Patrol Division Ua dersheiff
510-313-2500
Date: April 16, 1998
To: Dennis :Barry, Community Development Department
Attn: Debi Foley
From: Nancy perry White, Patrol DivW'4?J
Abandoned Vehicle Abatement Urogram
Subject: Appeal Hearing Scheduled for May 4, 1998
The following appeal..is scheduled to be heard by the Zoning Administrator on May 4, 1998. We request
that the appeal hearings be scheduled as early as possible on the agenda to allow our personnel to return
to the field. Notification of hearing have been sent to the following individuals on .April. 6, 2938.
Notification names and address are:
1, Violation Address. 151 Flora St., Walnut Creek
APN: 184-010-003 File #97-241
Property Owner: John V. Lund
Notification Address: P.O. Box 12002, Oakland, CA 94604
Vehicle Description: 63 Buie Special, Station Wagon, Blue
laic.#2I NH976 VIN: OJ1548234
Vehicle Owner: Marie J. Oneikl
Notification Address: 6824 Brie St., Apt. 15
Oakland, CA 94610
Vehicle Description: 63 Cadillac, 4 Dr., White
Lic #BEW535, VIN: +63BO69424
Vehicle Owner: John V. Leland
Notification Address: P.O. Box 12002, Oakland, CA 94604
Vehicle Description: 63 Buick, 4dr., Tan
Lic.# DK.B995, VIN: 1J2514665
Vehicle Owner: Marie J. Oneill
Notification Address: 6824 Erie St., Apt. 15
Oakland, CA 94610
Should you need any further information, please call me at 3-2796. Thank you.
lvurdv sof 4rmtfra anstu
ffire of t4it S, 4ertiff
wain E.Rupf
April 6, 1998
John V. Leland
P.O. Box 12002
Oakland, CA 94604
RE: RVS 97-241, Vehicle Abatement, 181 Flora St., Walnut Creels
Dear Sir:
As requested by you, a Hearing has been scheduled to appeal the vehicle abatement
action on 151 Flora St., Walnut Creek. The hearing is to be held before the County
Zoning Administrator on Monday, May 4, 1998, 1:30 p.m, Room 107, 651 Pine St., V*
Floor, Martinez. If you have any further questions, my telephone number is (925)313-
2796.
Respectfully,
WARREN Sherr'
Na cy Perry White, Patrol Division
Abandoned Vehicle Abatement Program
cc: Dennis Barry, CCD
1980 Muir Road-Martinez,Gaiifomia 945534800
(510)313-2500
(CourttV of (Contra tl osta
ff u of tot *riff
~Marren E.Rupf
May 4, 1998
,John V. !~eland
P.O. Box 12002
Oakland, CA 94804
Re: Abatement Action, 151 Flora St., Walnut Creak
Dear Sir:
The appeal you requested before the ,Zoning Administrator on May 4 1998, was held in
your absence since you did not appear. The Zoning Administrator's decision is as
follows. You have until May 14, 1998, to get the vehicles operable and call for an
inspection or to remove the vehicles from the site.
You have the right to appeal the Zoning Administrators decision. This can be done by
contacting the Clerk of the Board of Supervisors, 651 Pine St., 1'I Floor, Martinez, CA
94553. Your appeal must be in writing and must be received by the Clerk of the Board
by May 14, 1998, 5:00 p.m.
Sincerely,
Capt. D. Mongsene, Acting Commander
Field Operations Bureau
ASinpw
19W Muir Road*Martinez,Califomia 94553-4800
{510}313-2500
ry owL
i
CONTRA COSTA COUNTYLVVIV
'#
Clerk of the Burd 98
Inter-Office Memo i ,
TO: Zoning Administrator.
Community Development Department
DATE: May 15, 1998
FROM: Jeanne Maglio, Chief Clerk
Clerk of the Beard of Supervisors
By Ann Cervell , Assistant Clerk
04/
SUBJECT: Abandoned Vehicle Abatement Appeal
On May 14, 1998, this office received from John Leland a
request for an appeal hearing from the decision of the Zoning
Administrator on the proposed abatement of abandoned. vehicles.
Mr. Leland' s appeal has been scheduled for Tuesday, June 23
1998, at 2 P.M. If Mr. Leland' s appeal is not timely or there is
any other reason the appeal should not be heard by the Board of
Supervisors, please notify me immediately.
If the appeal is timely and should be heard by the Board of
Supervisors on Tuesday, June 23, 1998, at 2 P.M. , please advise
this office in writing by May 25, 1998, and provide a List of
people to be notified along with their addresses. Material to be
considered by the Board on should be provided to this office by
June 17, 1998 .
Thank you.
ac
cc : County Counsel-D. Silver
Sheriff-Coroner-Abandoned Vehicle
Abatement Office-Nancy White
County Administrator-John Gregory
RECEIVED
.. MAY 14 1998
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DELMAR C. SANDERS, M. 0.
NEUROLOGICAL BUP GERY
42S 288.4 670CWT.ZING MOON
DAKLAN0,CAUP'Ci11NIA 94609-3611
CiFi' a Isla)839.6991
FAX t61C1)639.7734
040LOMATC CO A4MCAN&LAND Or H$UPIOLCOACA1.it1NACltY
Lf htiTCD T4 THC MACTiCt Or HCUNCLCOiCAL SUAOC„Y
February 12, 1998
RE: Mr. Jahn Leland
SS# 549-26-7449
To Whom It May Concern:
This is to verify that Mr. Leland .underwent surgery on Dec. 31 , 1997
for a sudural hematoma and is considered temporarily disabled until
approximately April 1 , 1998 .
Should you require more information, please contact this office.
Sincerely,
Delm C. Sanders, M.D.
DCS:yas
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June 4, 1998
John V. Leland
P.C. Box 12002
Oakland, CA 94604
Dear Mr. Leland:
Pursuant to Ordinance No. 95-2, Section 430--8 . 01.4 (b) , you
are hereby notified that your appeal from the decision of the
Zoning Administrator relative to vehicles which you awn will be
heard by the Board of Supervisors on Tuesday, June 231, 1998,
at 2 P.M. in the Board Chambers located at 651 Pine Street, Room
107, in Martinez, California.
Very truly yours,
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
Coun Adm str dir
By °
Y - er
CC: County Counsel
Sheriff' s Office-Abandoned Vehicle Abatement
Zoning Administrator-Community Development
County Administrator-John Gregory
Tenant/Resident
151 Flora St .
Walnut Creek, CA 94596
BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA
AFFIDAVIT OF MAILING
In the Matter of
Abandoned Vehicle Abatement Appeal
By John V. Leland
I declare under penalty of perjury that 'I am now, and
at all times herein mentioned have been, a citizen of the
United States , over age 18; and that today I deposited in the
United States Postal Service in Martinez , California , postage
fully prepaid, a certified copy of Notice of Hearing
to the following :
John V. Leland
P.Q. Box 12002
Oakland, CA 94604
`tenant/Resident
151 Flora Street
Walnut Creek, CA 94596
I declare under penalty of perjury that the foregoing
is true and correct•
Dated June 5 , 1998 at Martinez, California.
(L
Ann qervelli, De5ufy Clerk
3
SaUhWW
The Beard of Supervisors Contra i rk d Ow Board
and
Count]AdministmtIon Building Costa �s,yAdminialreW
851 Pine Stmet,Room 106
)335-12W
Mar**z,Califnmie 94553-1293 County
An RoWs,1et Distrid
Gayle 8.UUM m.2nd OWWO °
lxaran tenor,3rd OfeWd
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June 4, 1998
John V. Leland
P.O. Box 12002
Oakland, CA 94604
Tear Mr. Leland:
Pursuant to Ordinance No. 95-2, Section 430--8 . 014 (b) , you
are hereby notified that your appeal from the decision of the
Zoning Administrator relative to vehicles which you own will be
heard by the Beard of Supervisors on Tuesday, June 23, 1998,
at 2 P.M. in the Board Chambers located at 651 Pine Street, Room
107, in Martinez, California.
Very truly yours,
PHIL BATCHELOR., Clerk of the
Board of Supervisors and
CountV Admrjaistr ciftr
By c
y C16rk
cc: County Counsel
Sheriff ' s Office-Abandoned Vehicle Abatement
Zoning Administrator-Community Development
County Administrator-John Gregory
Tenant/Resident
151 Flora St .
Walnut Creek, CA 94596
MAY-26-199e IV03 03 CtlNTRA COSTA CO SHERIFF 510 313 2750 P.02/03
Urri%#= yr i fill: *"umt-t-
WARftN E. R PF
COMM Costs Coul€'<�_ tariff
Robrett R. Henderson
Field Operations Bureau urWMW*hWM
{S1 Q}313-25OOr26W
Date: May 28, 1 9
TO: Jeanne Ma o lo, Chief Clerk, Clerk of the Bid of Supervisors
Attn: Ann Cervrelli, Assistant Clerk
From: Nancy Perry White, Abandoned vehlclea Abatement
Subject: Abandoned Vehicle Abatement Appeal
As we discussed readier today, the Sheriff's ice will now be the lid agency in the Appeal
Wirings whl#t will be hold before the lull Board of Supervisors. i am aware that Mr, Lelar cPs
hearing is sdvxkA*d'tragi'June 23, 1 gN butt wilt bee out of the office#**w k of the i r eco t will
provide you will all materials to be conslrlerea'by the Board pripr°to June 100. if this creme a
problem for you please feat me know. My number is 3-2796,
The follo%+V is a list of names and addr a es of people to be notified for the Jane le hearing_
1. Address of Violation: 33 Canyon Lake Dr., fort Costa, CA'
APN: 31 4"17
Robert G. Mathews, Jr.
P.O. Bax 82
Port Costa, CA 94559
2. Address of Violation: 75 Shore Rd., Bay Point, CA
APN: 09"52-032
Earl Howard
P.O Box 315 2
Walnut Cre", CA,94588
Earl Howard
75 Shoe Rd.
.Say Point, CA
Tonant/Resideent
75 Shore Ptd.,
Say Point, CA 94565
MAY-28--1 11x03 CONTRA COSTA CO SHERIFF 510 313 2750 P.03✓03
The fallowing is the name and address of the peron to be notified for the June 231'hearing:
3. Addie"ofVtotMkwr 161 RoM Walnut Cry, CA
APN: 1104)03
John V. Leland
P.C . Box 120
Oakland, CA W04
TenenfAk"dent
161 Flom St.
Walnut Crook, CA W96
Thank you for your help.
mTa a wi
CONTRA COSTA COUNTY
Clerk of the Board
Inter-Office Memo
TO: Zoning Administrator
Community Development Department
DATE: May 15, 1998
FROM: Jeanne Maglio, Chief Clerk
Clerk of the Board of Supervisors(
By Ann Cervelli, Assistant Clerk
SUBJECT: Abandoned Vehicle Abatement Appeal
On May 14 , 1958, this office received from John Leland a
request for an appeal hearing from the decision of the Zoning
Administrator on the proposed abatement of abandonedvehicles .
Mr. Leland' s appeal has been scheduled for Tuesday, June 23
1998, at 2 P.M. If Mr. Leland' s appeal is not timely or there is
any other reason the appeal should not be heard by the Board of
Supervisors, please notify me immediately.
If the appeal is timely and should be heard by the Board of
Supervisors on Tuesday, June 23 , 1558, at 2 P.M. , please advise
this office in writing by May 25, 1558, and provide a list of
people to be notified along with their addresses. Material to be
considered by the Board on should be provided to this office by
June 17, 1998 .
Thank you..
ac
cc : County Counsel-D. Silver
Sheriff-Coroner-Abandoned Vehicle
Abatement office-Nancy White
County Administrator-John Gregory
RECEIVED
MAY 14 1999 l
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DEL.MAR C. SANDERS, M. D.
NEUROLOGICAL SURGERY
425 2BT" STREET: 2ND FLOOR
OAKLAND, CALIFORNIA 94609.3611
OFFICE(510) B39-6991
FAX(510) 839.7734
DIPLOMAT£OF AMERICAN BOARD OF NEUROLOGICAL SURGERY
LIMITED TO THE PRACTICE OF NEUROLOGICAL SURGERY
February 12, 1998
RE: Mr . Jahn Leland
SS# 549-26--7449
To Whom It May Concern:
This is to verify that Mr. Leland .underwent surgery on bec. 31 , 1997
for a sudural hematoma and is considered temporarily disabled until
. approximately April 1 , 1998 .
Should you require more information, please contact this office.
Sincerely,
G
Delco C. Sanders, M.D.
DCS:yas
1
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