HomeMy WebLinkAboutMINUTES - 07281998 - D8 TO: BOARD OF SUPERVISORS
FROM: Carlos Baltoda:no, Director, Building inspection Dept.
By: Timothy B. Griffith, Building inspector I
DATE: July 8, 1998
SUBJECT: Appeal. of Abatement action at 199 N. Broadway, Bay Point,
APN # 095-041-013.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RRE�COMMENDATIOX : After hearing the appeal, it is recommended to
deny the appeal and affirm the determinations of the County
Abatement officer and direct the County Abatement officer to
proceed and perform the work of abatement.
FISCAL IMPACT: $6, 000.00, if the County does the abatement.
BACKGROUNDZREASONS FOR RECOMMENDATIONS: On April ' 22, 1998, a
complaint was received regarding multiple travel trailers without
sanitation facilities and junkyard conditions on the premises.
On May 4, 2998, a site inspection was conducted and the inspection
revealed numerous travel trailers, illegal electrical connections and
Junkyard conditions with household garbage..
The following violations of the County Ordinance exist:
Title 7, Chapter 712-2. 004 (substandard building)
Chapter 743 . 101 (permits required for construction)
Title 8, Chapter 82. 2.005 (improper land use, trailer park land use
permit required and maintaining an illegal
junkyard)
The owner of the property has been notified through written
correspondence and certified mail. As of this date compliance has not
been gained.
on June 9, 1998, the Building Inspection Department declared the
property a public nuisance and posted a Notice order to Abate under
Title 1, Chapter 14-6. This appeal is being made under the provisions
of this title.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE APPROVE OTHER
SIGNATURE(8) :
ACTION OF BOARD ON __ July 28, 1998 APPROVED AS RECOMMENDED X OTHER
John O'Malley, Appellant, 199 '.Notfh Broadway, Bay point, and John La Rue, 199 North
Broadway, Bay Point, commented on the proposed abatement of the property;
All perooneldesiring to speak having been heard, the hearing was CLOSED;: IT IS
BY THE BOARD ORDERED the above recommendations are APPROVED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT :ta=?I � r TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED
PHIL BATCHELOR, CLERK OF
THE BOARD of SUPERVISORS
AND COUXII.L'Y ADMINISTRATOR
B ,DEPUTY
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Board of Supervisors .
-ntra Costa County
-,l Pine Street, Room 106 P 160 254 2 31
Martinez, CA 94553-1283 3
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July 13, 1998
Scott O'Malley
199 North Broadway
Bay Point CA 94565
Dear Mr. O'Malley:
In accordance with Contra Costa County Ordinance Code Section 14-6.410, you are
hereby notified that Tuesday, ally 28, 1995, at 2:00 p.m., is the date and time set for the
hearing in the Board of Supervisors' Chambers, 551 fine Street, Room 103, Martinez,
California, of your appeal from the decision of the County Abatement Officer declaring the
illegal trailer park and junkyard condition, located at 199 North Broadway, Bay Point, CA in
violation of Section 712-2.004, 712-2.006, of the Contra Costa County Ordinance Code and
declaring said violation a public nuisance (Contra Costa County Ordinance Code Section 14-
6.410),
The hearing will be conducted in accordance with procedures set forth in Contra Costa
County Ordinance Code Section 14-6.410. A copy of the Uniform Public Nuisance Abatement
Procedure is enclosed for your reference.
If you challenge this matter in Court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the County at, or prior to, the public hearing.
Very truly yours,
PHIL BATCHELOR, County Administrator
and Clerk of the B and
B
DEPUTY
attachment
cc:Coumty Counsel
Building Inspection
File List
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF }
}
SCOTT O'MALLEY )
199 NORTH BROADWAY )
BAY POINT CA 94565 )
Re: Appeal )
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 Certified
Mail with Contra Costa County Central Service for mailing by the United States Postal
Service in Martinez, California, postage fully prepaid, a copy of the hearing notice in the
above matter to the following:
SCOTT O'MALLEY
199 NORTH BROADWAY
BAY POINT CA 94565
ANIL SUKHRAM
199 NORTH BROAD"'w
BAY POINT CA 9456
m SENIER•
x Ccmufa s items t and/or 2 for ad&t'onai services. #aiso wisf o receive the
PHILLIP MATTHEW; *004e e items 3,Oar and 45._.. f ollowP.g seryice s_(t oran
199 NORTH BROAD'
BAY POINT CA 945 r: I also wish to receive the
r Gcmofats i?ams t and/o•2 or addit:ona!services. Oi#JW i l services for an
tis a Camo#e?items 3.4a.and 4o. 9
MID FIRST BANK, 0 ■rrin yot,r na,-e and adCsess c.1 to;averse of this for so tis:we a rets m ttti€ { extra fee):
LCard to udu jj 4;
NORWEST BANK M a to .,fi;s#o...to, e t. n.df i e maiipiece cn he�aek.t sN2 does of 1.C] Addressee's Address
1016 TENTH AVENL
MINNEAPOLIS MN , SENDER: I also wish,to receive to
■Cor q pts items'and oe 2<^ add i cr a vices. foiifiLYir services(for a�
U a cormp eke ito s 3,4a and 4b.
N Print vo"r name and address on -.6 reversa c#???s fd m so i a?viaen. aturn fh!s i extra fee):
MISSION HILLS MO L and to you. t
0 a Hn h this form:o the iront of the maitpiece,or on the backs sf specs does not 1.� Addressees Address
P.O. BOX 1961
it
Cie m, 2Restricted Delivery Pes RecSip R&questa or.tha ma!piece be#a v trip anc�# . estr
number.
SANTA ANA CA 92^ ■ *Return Necespt wi.#snow to wrom tate a.isle was de#verec a d tete date
Consult NostrnastBr for fee.
d'a:. ered
o 3 At .e Addressed to: 4a.Article Number 0
TONY PADILLA and P 160 254 232
5080 LAKESHORE L SMOF CALIFORNIA- DEET OF FIS€3 4b.Service type
SAN RADION CA 94 afid Gam
e�'ste.ed re if#ed
Express M.ai# C; Insured
1416 Ninth Street
0 heturm Receipt for Uerdhasd#se C.7 COD
STATE OF CALIFORT 0 Sacraeanto 95814 7.gate of ce#ivery M
1416 NINTH STREET _ Y ' . o
SACRAMENTO CA 95 X: 5.Received By: (Pr: a ) ;8.Addressd(fs Aadre (0tily if requester#
and fee is pain)
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I declare under p
P5 rirs` �4 tier rat;eY 1994 taagss se a c£2s Domes tic R nl"Ur 1 R 6Ipt
Dated: July 13, 1998, at Martinez, Californ' Paetrnartter° "'�
L01
eputy Clerk
I
Form 1002 9/84 '
SCHEDULE A
DATE OF REPORT: May 26, 1998 COUNTY OF: Contra Costa ORDER NO.: 130652
AMOUNT OF LIABILITY: ACTUAL LOSS NOT TO EXCEED $ 1,000.00 PREMIUM: $ 100.00ry
CLIENT: Contra Costa County Building Inspection
Attention: Pam
1. The latest available equalized assessment roll in the office of 2. The last document in the chain of title to said land as disclosed
the Assessor of said County discloses the following with by the Official records of said County purporting to convey
respect to the land referred herein: the fee title to said land is:
Street Address: 199 North Broadway Avenue Conveyed To: Anil Subhram, a single man,
Bay Point, California and Phillip Matthews, a single
man, as tenants in common
Tax Parcel # 096--041-013
Land $12,944.00 Recorded July 13, 1990
Improvements: $9,444.04 Instrument#: 90-142303
Exemption None Shown Book/Page 15982/676
Total Taxes $593.76 (paid/paid) Transfer Tax: $91.85
3. Subject to any conflicts in boundary lines,or discrepancies that would be revealed by a correct survey,the land referred to in this
report is that land located in the County shown above,in the State of California,and is described in the above referenced instrument
'as follows:
The North 50 feet of Lot 19, Block A, as shown on the Map of Poinsettia Land Co. ,
West Pittsburg Tract, Unit No. 1, filed June 8, 1926, in Map Book 19, Page 506,
Contra Costa County Records, State of California.
4. That an examination of the chain of title to said land as disclosed by such Official Records reveals no mortgages or liens purporting
to affect said land,other than those set out below under Exceptions;provided,however,that no liability is assumed with respect to
the identity of any party named or referred to in this Schedule,nor with respect to the validity,legal effect or priority of any matter
shown as an Exception.No report is made regarding matters affecting the beneficial interest of any mortgage or deed of trust which
may be shown herein as an Exception.
Exceptions:
1. DEED OF TRUST
Dated : July 5, 1990
Amount : $82,313.00
Trustor : Anil Subhram and Phillip Matthews
Trustee : Hartford Escrow, Inc.
Beneficiary: ::Mission Hills Mortgage Corporation
Address : P.O. Box 1961, Santa Ana, CA 92701.
Recorded : July 13, 1990, Instrument No. 90-1423011, Book 15982, Page 678
Affects : This and other property.
ASSIGNMENT OF DEED OF TRUST
Assigned To: Mid ]First Bank, State Savings Bank
Address : c/o Norwest Bank Minnesota
101.6 Tenth Ave SE, Minneapolis, MN 55414
Recorded : October 19, 1995, Instrument No. 95-181768
Continued on Page 2
l
Building Inspection
Attention: Pam
Order No. 130652 (Sukhram/Matthews)
Page 2
2. ABSTRACT OF JUDGMENT
Amount $4,818.00
Creditor Tony G. Padilla and Frances A. Padilla
Address 5080 Lakeshore Dr. , San Ramon, CA 94583
Debtor : Phillip C. Matthews and Anil B. Sukhram
Recorded :February 25, 1993, Instrument No. 93-48890, Book 18305, Page 150
3. NOTICE OF STATE FEES LIEN
Amount : $1,384.00
Payable To :State of California-Department of Fish and Game
Address 1416 Ninth St. , Sacramento, CA 95814
Feepayer Anil Sukhram
Recorded January 10, 1994, Instrument No. 94-007118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
OWNER s S MAILING ADDRESS:
199 North Broadway Ave. , Bay Point, CA 94565
END OF REPORT
I
CONTRA COSTA COUNTY
Clerk of the Board
Inter-Office Memo
TO: Carlos Baltodaino, Director
Building Inspection Department
Atm: Tim Griffith, Building Inspector I
DATE: June 12, 1998
FROM: Barbara Grant, Deputy Clerk
Clerk of the Board of Supervisors
SUBJECT: Appeal by Scott O'Malley, from the decision of the County Abatement
Officer declaring an illegal trailer park and junkyard conditions in violation of
(C.C.C. Ordinance Code Section 712-2.004 and 712-2.046) on,property located
at 199 North Broadway, Bay Point, CA.
This office is in receipt of the attached Appeal and Waiver of Filing Fee by Scott O'Malley
from the decision of the County Abatement Officer (Tim Griffith) declaring as public
nuisance (C.C.C. Ordinance Code Section 14-6.410) an illegal trailer park and junkyard
condition, in violation of (C.C.C. Ordinance Code Section 712-2.004 and 712 - 2.006) on
property located at 199 North Broadway, Bay Point.
This appeal has been tentatively scheduled for hearing by the Board of Supervisors on
July 28, 1998, at 2.00 p.m. in the Board Chambers.
Please notify this office in writing by June 25, 1998, whether this appeal should be heard or if
it is untimely or there is any other reason it should not be heard by the Board of Supervisors.
If the appeal is timely and should be heard, please include the names and addresses of parties
to be notified in addition to the Appellant.
If the appeal is to be heard on July 28, 1998, at 2:00 p.m. as scheduled, please submit the
appropriate material for Board consideration to this office by July 2, 1998.
Thank you.
B:bg
attachment
cc: County Counsel
I
6-10 .9
To the .Boar of Supervisors,
I wish to appeal the abatement order that was posted at
19 North Broadway Bay Point tea. on 6-4-98.
feel my appeal is warrented for the following
reasons:
The above .I'ent'i,onedosted. order :is t-he first notice
I 've r ecieved an the matter.
W 've been in touch with the building nspector and
he informed me that the proper procedure for my ai tua:t-
on is to apply for a land use permit. 'Stet told me A
was ;ani#:story to clean up the property immediately.
This is being done.
Wither or not I qualify and/or are granted a land
use
;�' `l .t '33 require more tine then what is a'-lowed,
by a. ten dray notice just to abate the property of the
numerous violations.
} have assured Mr. G.iffi.th that, the property nail"
be abated to his �at���a.�t� ��. � am{ s-n-ere about this
but in order to honor my word I reed to respectfully
request of You a. continuance of 90 days on this matter*
with the provision teat �-h trash be abated
I <;cul :3pry�x ca t ,: rhe # consideration on this t atter
and would like y to -,wresent my case ful a)
and in person before the -,board.
ti incerl ,
Scott O' -alley
l
REQUEST FOR WAIVER OF THE $125 FILING FEE
Individuals requesting a waiver of the $125 filing fee for
appealing the decision of the county Abatement officer before the
Board of Supervisors must satisfy one or more of the following
conditions to demonstrate economic harship:
1. Appellant is legally indigent;
2 . Appellant is receiving benefits pursuant to ,the
Supplemental Security Income (SSI) and State
Supplemental Payments (SSP) programs, the Aid
to Families with Dependent children (AFDC) program,
or the Food Stamp program (Section 17000 Welfare and
Institutions Code) ;
3. Appellant has a monthly income of $125% or fess of
the current monthly poverty line annually established
by the U. S. Secretary of Health and. Human services
purs4ant to the Omnibus Budget Reconciliation Act of
1981, as amended; or
4. Appellant is unable to proceed without using money
which is necessary for the use of the appellant or
appellant's family to provide for the common]
necessities of life.
(CCC Ord. Code Sec. 14--6.416; Gov. Cade Sec. 68511. 3)
I
Following acknowledgement that I have read the conditions noted
above and believe I satisfy one or more of the conditions, I am !
therefore requesting the Clerk of the Board to waive the filing
Pee of $125 for appealing the decision of the County Abatement
Officer t$ ed in the Order to Abate a Public Nuisance dated
I declare under penalty of perjury that the foregoingstatement,
including any accompanying statement(s) or document(s) in support
of this request, is true and correct.
. igna r7*6f Appellant)
on
fr, tie) f
at
C1 y, Sta te)
/91
0 ER: Anil Sukhram
"N0TIC2 ASID 0RDER TO
C. C. C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GXVEN that illactgLl trail2r park .. Junkyard
conditions is in violation of Section 2, „.00 & 712-2.Q 6 of the
Contra Costa County Ordinance Cade. The violation has been
declared a public nuisance by lima. y B. griffith, .. Building
Inspector I and must be abated immediately. The public nuisance is
on property located at 199 North
M
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within
en consecutive calendar days from the issuance of this order. The
issuance date is specified below. You may abate the nuisance by
obtaining a e e 't d removal o the u k a d
conditions. If you fail to abate the public nuisance within the
number of days specified, the county may order this abatement by
public employees, private contractor, or other means. The cost of
said abatement, if not paid, may be levied and assessed against the
property as a :special assessment lien and may be collected at the
same time and in the same manner as ordinary county taxes are
collected, subject to the same penalties, procedures and sales in
case of delinquency.
YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any such appeal
must be brought prior to the expiration of the number of days
specified above for completion of abatement. The appeal must be in
writing; specify the reasons for the appeal; contain you name,
address and telephone number; be accompanied by an appeal fee of
ONE IMDRED .T ENTY FIVE, dollars ($1 .s—OO) ; and be submitted to the
Clerk of the Board of Supervisors at the following address:
Clerk of the Beard of Supervisors, County of Contra Costa
651 Pine Street, 1st Floor, Martinez CA 94553
one who is legally indigent may obtain a waiver of the appeal fee.
Upon timely receipt of the appeal and accompanying fee, or waiver,
the Clerk of the Board will cause the matter to be set for hearing
before the Board of Supervisors and notify you of the date and
location of the hearing.
If you have any questions regarding this matter, you may direct
them to the county officer issuing this notice at the address or
telephone number listed below.
ISSUANCE DATES June 4. 1,998
Timothy- . t i l i s ect I 651
Pine st, 4th floor, Martinez, CA 94553
(925) 3351113
UNIFORM.ABT RECEP40.
JUN "" 4
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