HomeMy WebLinkAboutMINUTES - 07281998 - D9 Contra
TO: BOARD OF SUPERVISORS - Casts
FROM: Carlos Baltodano, Director q r County
BUILDING INSPECTION DEPARTMENT
DATE: JULY 7, 1998
SUBJECT: Appeal of Abatement action at 2158 Vista Del Rio., Crockett
APN# 355-050-0052
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
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
None if voluntary compliance. The cost to the County could be approximately $10,000.00
if the department continues and completes the abatement.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On July 25, 1997 a complaint was received regarding an illegal trailer hook-up and dogs,
cats and goats enclosed within a 19 high bamboo fence.
CONTINUED ON ATTACHMENT: i YES SIGNATURE -�
RECOMMENDATION OF COUNTY ADMIN1SMTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 3uly 2$ 1998 APPROVED AS RECOMMENDED x OTHER
David Rolley, Appellant, 612 Placer Lane, Suisun, catmeoted on the abatement process;
All persons desiring to speak having been heard, the hearing was CLOSED: IT IS BY THE BOARD
ORD= the recommendations as set 16rth'..above are APPROVED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT F jvs T� AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: /(510/335-12/) ATTESTED__ .W, j g
cc: PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
a I A f4l A 000*
BY , DEPUTY
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Appeal of Abatement action at 2158 Vista Dal Ria.,Crockett
On August 25, 1997 a site inspection was conducted and the inspectionrevealed a mobile
trailer with Illegal utility connections, unpermitted septic tank connections, 15 cats, 2 goats
and 1 dog and a vacant substandard single family residence.
The following violations of the County Ordinance exist:
Title 8 Chapter 82-2.006 - Land Use permit required
Title 7 Chapter 712-2.002 - Substandard Building
The owner of the property has been notified through written correspondence and several
meetings. The owner was referred to the Neighborhood preservation program and the
Environmental Health Department. As of this date no compliance has been gained.
On June 15, 1998 the department declared the property a public nuisance and posted it
under Title 1 Chapter 14-8.410 & 14-8.412 "Notice and Order to Abate". This appeal is
being made under the previsions of this title.
�'' i�hU t�ataMtor
The Board of Supervisors Contra CW*Of a
County,Administration Building Costa (61o)US-1900
651 Pine Street,Roam 106 ���i i C�
Martinez,California 84553-1293
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July 8, 1948
Ms. Charlotte Rolley
2158 Vista Del Rio
Crockett CA 94525
Dear Ms. Rolley:
In accordance with Contra Costa County Ordinance Code Section 14-6.414, you are
hereby notified that Tuesday, Ady 28, 1998, at 2:00 p.m., is the date and time set for the
hearing in the Board of Supervisors' Chambers, 651 Pine Street, Room 107, Martinez,
California, of your appeal from the decision of the County Abatement Officer declaring the
substandard structure/ illegal trailer hook-up, located at 2158 Vista Del Rio, Crockett, CA, in
violation of Section 712.2,002, 712-2.004, and U.H.C. 1001 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 Cade Section 14-6.418. 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 BATCBELOR, County Administrator
and Clerk of the Bo
By
DEPUTY CLfV
attachment
ec:County Counsel
Building Inspection
File List
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF )
}
MS. CHARLOTTE ROLLEY }
2158 VISTA DEL RIO )
CROCKETT CA 94525 )
Re: Appeal 3
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
ice for mailing by the United States Postai
Mail with Contra Costa County Central Sery
Service in Martinez, California, postage fully prepaid, a copy of the hearing notice in the
i
above matter to the following:
MS. CHARLOTTE ROLLEY
2158 VISTA DEL RIO
CROCKETT CA 94525
DAVID ROLLEY
612 PLACER LANE
SUISUN CA 94585
I declare under penalty of perjury that the foregoing is true and correct.
Dated: 7uly 8, 1998, at Martinez, California.
eputy Clerk p 160 254 X 2 7
SENDER: l aiso wish to receive the
r('COMP ete ra+a rdicr 2f0 addit#ona;services.
0Gcmg! [ reins 3 4a and 4c following Services(fur an
w w Np.i yournalne ar d address oil,the reverse of tftia form so?hat voe can retstrrt Vthis extra fee):
card to yc,:. m
Atlauh tress for rn to°re front cf V ma#,7 ece or on tt-,e back; space does not p i.[ Addressee's Address �
4z t {
�^ as tiL:ia;Vlte r eiiaiece treloiv the arise:#a rsa:l;er. ReSYrlCt>«'d L}e'siYery
a The Return sees w q shosv tc Nhorr-,the ardc#e ries delivered end<he daia
da#Evared. oris it pos,*Master for%ee. S
0 3.article Addressed to: 4a.-Article Number 8
cs DAVID MIZY 4b SeMoe Type
612-'•,-= im E, 10 Registered Certified
S"tJ:#S01 CA 94585 c
3 =etu r Rsea•pi`o ?erc nd e t co
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.Re-eived 3 r r } 8.Addressee's Address(Ooiy it reques#ad
t/: and fee ss pajid
�t S.5iyrtatur .fAddress e �j#j
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PS Form 3811,December99.el Domestic Return Receipt
E MS. CHARLOTTE ROLLEY 0 Registered Cunified 12
8 2158 VISTA DEL RIO 0 Express Mail Insured M"
CROCKETT C A 94525 0 KFturf"Filceipt for merc^: n ;s0 E] co Z� d
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7.Date of rei;v�ry
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5,Received By:(Print Name) � 8.Add Ossbe,s Adaress toRiy if regcrostea
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SCHEDULE A
DATE OF REPORT: December 26, 1997 COUNTY OF: Contra Costa ORDER NO.: 230200
EAM:0U:fN4TjOF LIABILITY: ACTUAL LOSS NOT TO EXCEED $ 1,200.00 PREMIUM: $ 100.00
i
i
CLIENT: Contra Costa County Building Inspection
Attention: Dorianne
F
l
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 i
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., 2158 Vista Del Rio Conveyed To: Charlotte L. Rolley, Trustee
Crockett, California of the Charlotte L. Rolley
Revocable Family Trust
Tax Parcel # 355-050-005
Land $12,285-00 Recorded
Improvements: $26,028.00 Instrument #: January 83, 1997
97-01172$
Exemption $7,000.00 Book/Page : None Shown
Total Taxes : $429.32 (paid/open) Transfer Tax: done Shown
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:
Parcel B as shown on the Parcel Map filed August 5, 1976, in Book 39 of Parcel Maps,
Page 16, Contra Costa County Records.
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:
None
. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
OWNER I S MAILING ADDRESS:
2158 Vista Del Rio, Crockett, CA 91525
ENL OF REPORT
CONTRA COSTA COUNTY
Clerk of the Board
Inter-Office Memo
TO: Carlos Baltodano, Director
Building Inspection Department
Attn: Tim Barrow, Building Inspector I
DATE: June 26, 1998
FROM: Barbara Grant, Deputy Clerk
Clerk of the Board of Supervisors
SUBJECT: Appeal by David Rolley for Charlotte Rolley from the decision of the County
Abatement Officer declaring a substandard structure/illegal trailer in violation
of(C.C.C. Ordinance Code Section 712-2.002 and 712-2.004and
U.H.C.1001) on property located at 2158 Vista Del Rio, Crockett,
This office is in receipt of the attached Appeal and waiver by David Rolley for Charlotte
Rolley from the decision of the County Abatement Officer (Tim Barrow) declaring as a public
nuisance (C.C.C. Ordinance Code Section 14-6.410) substandard structure, (C.C.C. Ordinance
Code Section 712-2.002 and 712-2.004, and U.H.C.) on property located at 2158 Vista Del
Rio, Crockett.
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 Judy 6, 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 9, 1998.
Thank you.
B:bg
attachment
cc: County Counsel
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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 less of
the current monthly poverty line annually established
by the U. S. Secretary of Health and Human Services
pursuant 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. Code sec. 68511.3)
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
fee of $125 for appealing the decision of the County Abatement
Officer as stated in the Order to Abate a Public Nuisance dated
I declare under penalty of perjury that the foregoing statement,
including any accompanying statement(s) or document(s) in support
of this request, is true and correct.
(Signature of Appellant)
on LS
(date)
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(City, State)
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01/021 '98 13:21 I I):MINA~ CE T I TLE RESEARCH FAX:510-538-0" 02 � 2
form tOG'd afar � I Fa
SCHEDULEA
MOON
DATE 4F AEPORT: Discamter 26, 1947 COUNTY OF' Contra Costa OFIDER N4.: 230200
,-iBATEMEV T
AMOUNT OF LIABILITY; ACTUAL LOSS NOT TO W00 $ 1,000.00 PIRIMiUM; $ 100.910
CUENT: Contras: Costa County Building Inspection
Attention; Doriatnne
1. The latest available erquallted assessment roll In the offtcs of 2. The last document in the chain of title to said land as disclosed
the Assessor of said County discloses than following with by the Official Records of sold County purporting to convey
respect to the land referred hsreln: the les title to said land is:
Street Address; 2158 Vista Del Rio Conreyed ft Charlotte Lt Pulley, Trustee
Crockett, California of the Charlotte L. Polley
ReYocable Family Trust
Taste Parcel ft 355-050-005
Laded $12,285.00 Romrdeat January 23, 1997
Impra►t► moats; $26,028.00 Iy4uumom ff; 97-011728
axoMPtlars $7,000.00 bookfIlboge Non* Shown
Total Tsars ; $429.32 (paid/open) Tiramlw Tax t None Shown
3. Subject to any+conflicts In boundary fines.or discrepancies that would be revested by a correct survey,the tants Wetted to iso this
report to that land located In the County shown above,In the State of Csllfomia,and is described in the above referencett instrument
as follows:
Parcel 8 as shown on the Parcel Map filed ;August 5. 1976, in Book '39 of Parcel Maps,
Page 16, Centra Costa County Records.
4, That an examination of the chain of title to sand land as disclosed by such Officlal Rocords reverses r}o mQrt rtges ear liens purporting
10 attsct said lend.other thanthose-tet out below under Exceptions;provided,howevef,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 on pxc�eptiom No report is xtade regarding mattetsettooting the beneficial lratersstof any mortgage orzleed of trust which
may be shown herein as an Exception.
Excerptions:
None
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2158 Vista Bel Ilio, Crockett, CA 94525 RECE�'
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DAVID�flLLEY /?861 1214
612 PLAC LANE 707-429-1382
guts CA 94565
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OWNER; CHAR=TE ROLLEY
"N O T I C E A N O O R D E R T O A E A T Etl
C. C. C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that s-ubstandard structure legal trailer
hook-up is in violation of Section 712-2 .002, 712-2 -.004 & U.H.c
1001 of the contra Costa county Ordinance Code. The violation has
been declared a public nuisance by T. Barrow, Building Inspector I
and must be abated immediately. The public nuisance is on property
located at 215a Vi9ta Del Rio. , Crockett AM# 355-050-005.
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within 151
Fifteen consecutive calendar days from the issuance of this order.
The issuance date is specified below. You may abate the nuisance
by e o t 'on of substandard structure and.--removal, of illegal
trailer hook-up. 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 HUNDREDTWENTY FIVE dollars ($1-2 5.00) ; and be submitted to the
Clerk of the Board of Supervisors at the following address:
Clerk of the Board 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 .DA`T'ES..June 15. 1998
T Bargow, Building inspector Y
651 Pine st, 4th floor, Martinez, CA 94553
(925) 335-1142 ffS()AFtD
UNIFORM.ABT c EIVED
2 5 !99CLFCOSTA!1}`