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HomeMy WebLinkAboutMINUTES - 09011998 - D9 Contra =: Costa TO: BOARD OF SUPERVISORS County r FROM: CARLOS BALTODANO, DIRECTOR BUILDING INSPECTION DEPARTMENT DATE: November 2, 1999 SUBJECT: Confirmation Hearing: Report of abatement costs for abatement at 4377 Gateway Rd., (APN 030-120-027) in Bethel Island. Owner: Paul Weinstein SPECIFIC REQUEST (S) OR RECOMMENDATION (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS : 1 . HEAR and CONSIDER the attached itemized report regarding the abatement of and any objections by owner (s) or persons having legal interest in the above-described property. 2 . Add cost of abatement confirmation hearing thereto. 3 . Confirm report and direct it to be filed by the Clerk of the Board FISCAL IMPACT: When filed and recorded as a special assessment against the above-described property, the amount of the assessment may be collected at the same time and in the same manner as county taxes pursuant to C.C.C. Ord. Code §14-6 .436 . BACKGROUND/REASONS FOR RECOMMENDATIONS C.C.C. Ord. Code §14-6 .430 requires the Board of Supervisors to hold a hearing to confirm the assessment on abated property. Notice of this hearing has been given by the Clerk of the Board by certified mail at least 10 drays prior to this hearing as required by C.C.C. Ord. Code §14-6 .428 . As set forth in the attached itemized report of costs, this property was abated on April 18, 1999 pursuant to the procedures established by Contra Costa County Ordinance Code Chapter 14-6 (Uniform Nuisances Abatement Ordinance) The property was substandard and considered a Public Nuisance according to Section 712-2.004 and 712- 4 . 006 of the County Ordinance. The building was unsecured, abandoned and hazardous to the surrounding community and it was abated by demolitdon. CONTINUED ON ATTACHMENT: / YES. SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _, RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Jag a r v 1 1 - 200QL APPROVED AS RECOMMENDED XX OTHER The public hearing was OPENED;No one appeared to speak, the hearing was CLOSED. The Board then took the following action: APPROVED staff s recommendations stated shave. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS(ABSENT - - - ) 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. ATTESTED January 11, 2000_ cc: Building Inspection department PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND CO NTY ADMINISTRATOR BY Building Inspection Departr nt ontr carlasB$Itodano Director of Building Inspection PROPERTY CONSERVATION DIVISION Costa ,, NEIGHBORHOOD PRESERVATION PROGRAM Count '00 6 651 Pine Street,4th Floor Martinez, California 94553-0152 PCD (925) 335-1111 _. s NPP-,(925) 335-1137 -y FAX (925) 646-4450 NOTICE OF HEARING (PROPOSED ASSESSMENT FOR ABATEMENT COSTS) TO: Paul'Weinstein 58 Rue De Vaugrard - Paris,France 75006 AND TO ALL OTHER PERSONS HAVING OR CLAIMING ANY RIGHT,TITLE OR INTEREST IN OR TO THE HEREINAFTER DESCRIBED PROPERTY,THE BUILDING OR IMPROVEMENTS LOCATED THEREON: NOTICE IS HEREBY GIVEN THERE WILL BE A HEARING BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, for approval ancconfirmation of th abatement costs(attached). The said hearing will be held on they day ofJJI AA. _ o ,at the hour of ` _at 651 Pine Street, Board of Sup isors C ambers, room 107, County Administration Building, Pine and Escobar Streets, Martinez, California. At that time and place, the abatement costs will be submitted to the governing board for confirmation and any objections or protest which may be raised by any owner of the property liable to be assessed for the cost of such work,and any other interested personswill be heard. The property herein referred to is described as follows; Parcel No: 034.-12©-027 Site Address: 4377 Gateway Rd.,Bethel Island Amount of Proposed Assessment:$44,424.82 Owner:'Paul Weinstein Address: 58 Rue De Vangirard City: Paris,France 75046 Phil Batchelor' Clerk of the Board of Supervisors and County Administrator eputy Clerk Date HEARIrro.LTiz` CONTRA COSTA COUNTY DATE: 10/28/99 TO Clerk of the Board FROMBuilding Inspection Department By: Dan Stough RE: Itemized Report of Abatement Casts The following is an itemized report of the casts of abatement for the below described property pursuant to C.C.C. Ord. Code ' 14- 6 .428. 46 428. OWNER: Paul Weinstein POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE September 1, 1998 ABATEMENT COMPLETED DATE: April 18, 1999 SITE ADDRESS: 4377 Gateway Rd. , Bethel Island APN`` #x:030-120-027 PROPERTY DESCRIPTION: Hotel AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6 .428) ITEM EXPLANATION COST Pictures 11 .40 Site Inspections 7 d $25.00 175 . 00 Certified Mail 9 0 2 .98 26.82 Pirt 100 .00 Asbestos Survey 1,780 .00 Demolition 42, 343 . 00 TOTAL $44,436 .22 Abatement costs can be paid at or mailed to Building Inspection Department', Property Conservation Division, 651 Pine Street, 4th Floor, Martinez CA 94553 Our offices are closed on the first, third and fifth Friday of each month, ITEMIZED.MEM CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Carlos Baltodano, Director Building Inspection Department Attn: Larry Hogan, Senior Building Inspector DATE: September 11, 1998 FROM: Barbara Grant, Deputy Clerk Clerkof the Board of Supervisors SUBJECT: Appeal by Susie Dunlap'from:the decision of the County Abatement Officer declaring a substandard structure inviolation of(C.C.C. Ordinance Code 14- 6.4 10, 4_6.410, Section Div. 712, 712-4.002, and .004 U.H.C.202 & CHP 10), and 74- 1.002 {U.B.C. Section 2013) on property located at 4377 Gateway Road, Bethel Island. Enclosed is a copy of the final and completed Board Order on the above entitled appeal. Also enclosed are labels addressed to the appellant, speaker, and the girt addresses on this matter. The original Board Order is on file in the minutes of the 'Clerk of the Board. TO BOARD OF SIF ERV )RS a' { DIRECTOR Contra FROM: BALTObANO, [� C � BUILDING INSPECTIONDEPARTMENT � osta ter. DATE: August 18, 1998 County SUBJECT. Appeal of Abatement action at 4377 Gateway Road, Bethel Island AN # 030-120-027 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION gECQ= jON8: 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. cA . XXPACT: sso 000 if the County does the abatement. BAC bL =_B_oN8' rc� RECoMMMATIONg,: The Building Inspection Department has responded to numerous health and safety hazard complaints at the two story multi-unit structure which is the basis of this hearing. The most resent inspection occurred on the 6th and 7th of April The violations/hazards creating a substandard and public nuisance condition include but are not limited to the fallowing': Dilapidation and lack of maintenance. -Exposed electrical equipment, -Lack of required ventilation in bathroom area, -Blocked surer drains. -Cockroach infestation. -Illegal plumbing connections and lack of combustion air at Water heater locations, -Junkyard conditions surrounding the structure. -Open: sections of sewer system. -Construction' /repair without building permits. CONTINUED ON ATTACHMENT / YES SIGNATURE 1�+ RECOMMENDATIM OF CMPTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON ! APPROVED AS RECOMMENDED ?C OTHER,_T David Bowie, l st lender, W.C. Mortgage Co., 1331 N. California Blvd., #780, Walnut Creek, commented on the abatement; following testimony and Board discussion, the Board took the following action: CLOSED the'public hearing; and APPROVED the above recommendations. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUEUNANIMOUS (ABSENT} AND CORRECT COPY OF AIV ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: . ABSTAIN: BOARD OF SUPERVISORS ON THE. DATE SHOWN. ATTESTE /I 119 cc PHILA CHELOR CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BYA& DEPUTY Abatement of 4377 Gateway Rd.,Bethel island August'18, 1998 Page 2 The following violations of the County Ordinance exist: Title 7, Chapter 712-2.004 (substandard building) Chapter 74-3.101 (permits required for construction) Title 8, Chapter 82-2.006 (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 18, 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. Contra Costa County Building Sn pectiOn Attention: Pam Order No. 130512 Page 3 EXHIBIT A LEGAL nNSC HIP1'ION; PARCIL OUN Portion of the, Moirthweat 1/4 of Section 14, Township7 .Morthr ftancjo 3 hast, Mount Diablo' Same: and Meridian, described as ol=lows t Commonoing on the Morth line of the parcel of land described in the deet! to Thome Donald uac�arty, et ux# recorded January 16# 1953 Hook 205 Official Reca�rds, Page 437, at the st line of the parcel of land described in the deed to frank J. Hollander at ux, recardsd May11, 1959#! Book 3371 Official stscards page 311 thence from :mid point of commencement South 26' 31'1 Bast, aloeg said West line, #565.46 feet to the actual -point of be inning of the herein ,described erool of lands than** from said point of beginning continuing SoutK 25. 31 , Sent , 204.66 foot to the south line of said ila ert parcel# 2056 OR 4371 there» south 76. 44, West# along said South line, 341.6 feet thong* North .13" 161 West, 200 fast/ thence North 760 44' hast# 140. 1-0 feat to the actual point of'begil nLA9. BXCXPTI140 rWK NARCNL 0143 1, "All oilers 9as, coming end as, ail #hale# coal yho�ephate, sodium t gold, silveor and A I other hydrocarbon substances, metals and m n rai.e whether me alba at non-metallic now or any time heereaftex lying crud/or being within or under tile* premiss;, rosery#d Ira the doud Ing 1*rank J. Hall hder, at ux# 'recorded January l5, *19630 Doak 2056, Ogfioial' Ri corda, Dago 431, said rights were limited to that ortian of the premises lying below $00 ;Feet below the surface, thereof by lnstrumsnt recorded 8eptombor 23# 19714, Sook 6403# Official Records, page 203 and recorded January 61 1972, Book 6550, Official A*oorda# page 47• 2, flights reserved in the deed from William Dayyd, e't ux recorded July 100 1974# Soak 7270, Official Records# page 30'3# an Pal ows will "Rl.l oil gats, oa�ringh+ead qas asphaltum and other hydrocarbons and all chemical as now or hateaitor found situated or located in all or any portion of the lands dosaxibed hersin' lying above 500 feet below the surface thereof#" 3. Ther interest conveyed to Contra Costa County by deed recorded February 5, 1974# Hoak 7149# Official AsoordAt gage 700. FMCIL TWO s Ai ht of way grantr .in the dead to Asticel, !Haven Amoco it%has recorded July 10, 1974# Hook 7370# Official Aecords, Page 3031 an toowsc Continued on Page 4 Contra Costa County Building Inspection Attention: Patn Order No, 130512 Page 4 LEGAL 11ESMIPTION (CONTINM)r "A right of way (not to be exclusive) for the installation operation and maintenance of sewer 1pe lines as an ap urtenanoe,`to iarool One abovw, over a portion of he Northwest 114 o Section 14, Township 2 North Range 3 Bart Mount Diablo Base and Meridian, beinga strip of land 10 foot In widih, the center line of whioh is descried as followst Seginni.n an the Worth litre of tit* parcel of land described as Parcel One in tRe dead. to S.L. Carmlohael et: al recorded' March 5, 1969, Soak 5825 official Reoords, Pao �3I distant thereon south 76* 44 ' Kest, 5.11 fest from the Nest line of the parcel of land described in the deed to Frank J. Hallonder et ax, recorded May; 11, 1959, Book 3311 Official Records Pago 3�� thence from sold point of beginning North 31S' 31, Nest, 386 feat. The Sou hart tits terminus of said 10 feat in width strip of laud Is ti Borth lime o said Cara►iotrae1► parcel, $035 411 437. PARCAL TURBB Right of asy granted In the d e�# to bethel Haven Assoc:iater recorded July lo, 19741 Hook 7370, Off ol�al Records# Page 303, as fo owsl *A right of way (not: to be exclusive) for a saws, disposal pond, an an ap urten nate to Parcel One above, over a portion of the Northwest 114 0 Prot an 14, Township 2 Norah, hangle 3 SashMount Diablo 8aae aged Meridian described as follows s Cotmaencing on the north line of the parcel of land described as Parual One in the dead to J.L. Carmichael at al, recorded March 5 1965 Hook 56231 Official Records Page 437 distant thereon 'gout(% '7G* 44 ' Nast 5.13 lest from the nest Una of tit*parcel of laced described 1.t► the deed to Prank ,7. Uollendetr et ux, recorded May 11 1959, Book 3371, O halal Recordop Pale 3i th+rnae from isai.d point of comrtenoam&nt North 250 3 W*stj 330 feet to the actual point of boginning1 t4snos imam said point of beginning North 2S• 31' West 150 feet thence Booth 44• x9*' hetet, 150 feet thence South 35* 11, Bast► 150 1*!ht th9ncts North 6411 19' Bast, 150 lost: to the point of beginning. END OF REPORT The Board of SupervMrs Contra Afthn Suftng Costa0610)j.� } �-sooa 6��tl1 Ppyj i��+�a ��e��tr Pc�c�nyt��#C36�[/��/y Coun1. r ."1109m r101M1tly[r1rf��iCt ' i'�. Us*DO&W~r ft( tiCt ,i< ,M'MM�r 5111 fJiIWWfCt ,.fir; tq' August 17, 1998 SUSIP DUNLAP 5736 Likens Court Martinez CA 94553 Dear Ms. Dunlap. In accordance with Contra Costa County Ordinance Code Section 14-6.41.0, you are hereby notified that Tuesday, September 1, 19981 at 1140 am.,;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 located at 4377 gateway Blvd., Bethel Island, CA in violation of Section 712, 712-4.002, .004 , and 74-1.002 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 bearing. Very truly yours, PHIL BATCHELOR, County Administrator and flerk of the Bo d By [--bipufy'C attachment ec county Counsel Building hispection File List Form 1002 8184 SCHEDULE`A DATE OF REPORT: April 6, 1998 COUNTY OF Contra Costa ORDER NO.: 130512 AMOUNT OF LIABILITY: ACTUAL LOSS NOT TO EXCEED $ 1,000.00 PREMIUM: $ 100.0'0 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: 4377 Gateway Read Conveyed To: Howard J. Riback and Carol Bethel Island, California S. Riback, his wife, as joint tenants Tax Parcel# 030--120-027 Land $145,548.00 Recorded May 17, 1993 Improvements: $162,079.00 Instrument#: 128545 Exemption None Shown Book/Page 18556/581 Total Taxes $9,239.82 (paid/paid) Transfer Tax s None Shown 3. Subject to any conflicts in boundary lines,or discrepancies that would be revealed bya,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: For legal description see EXHIBIT A attached hereto and made a part hereof. 4. That an examination of the chain of titie 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,norwith 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 : October 20, 1988 Amount : $200,000.00 Trustor : Robert A. Cline and Augustine Cline Trustee : A.I.C. Trust Deed Services, Inc. Beneficiary: Argent Mortgage & Investment Corp. Address : 3685 lit. Diablo Blvd. #351, Lafayette, Ca. 94549 Recorded : November 4, 1988, Instrument No.88-204859, Book 14696, Page 159 ASSIGNMENT Assigned To: Thomas R. B' esheuvel, Pat Biesheuvel, Edie Scarpa and Dixie Green Recorded''' : January 30,, 1996, Instrument No..96-16624 Continued on Page 2 Contra Costa County Building Inspection Attention: Pari Order No. 130512 Page 2 2. DEED OF TRUST Dated : July 24, 1993 Amount : $100,000.00 Trustor : Howard J. Riback and Carol S. Riback Trustee : California Trust Deeds, Inc. Beneficiary: M. Paul Weinstein, Trustee Wolverhampton Trust Address : 10 rue Jean Bart, 75006 Paris, France Recorded : January 29, 1993, Instrument No.93-202505, Book 18794, Page 233 Continued on Page 3 OWNERS MAILING ADDRESS: 115 Glorietta Blvd. Orinda, Ca. 94563 . . . . . . . . . . . . . . .. . .. . . . . . . BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) SUSIE DUNLAP ) 5736 LIKENS COURT ) MARTINEZ CA 94553 ) 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: ARGENT MORTGAGE & INVESTMENT CORP 3685 Mt. Diablo Blvd., #351 Lafayette CA 94549 THOMAS BIESHEUVEL, PAT BIESHEUVEL, EDIE SCARPA & DIXIE GREEN CIO PSTMSTER, 815 COURT ST. MARTINEZ CA 94553 p 160 254 14 5. SUSIE M. DUNLAP 5736 LIKENS COURT P 160 254 146 MARTINEZ CA 94553 P 1h0 254 ;147' PAUL WEINSTEIN TRUSTEE WOLVERHAMPTON TRUST 10 rue Jean Bart y P 160 0 254 149 75006 Paris France us Postai service HOWARD & CAROL RIBACK Receipt Co Certified Mali No insurance Ccty Ige Provided. 115 GLORIETTA BLVD. Do not use for Interna` ai Mail See reverse ORINDA CA 94563 to & t» I declare under penalty of perjury that the foreonyn.a k- P t Iice,swe z rod® Dated: August 19, 1998, at Martinez, California. Q co p° � . a x SENDER: I also wish to receive th, at SENDER, ■Complete items I and/of 2 for additional services. foitowing services(for ani leta items 1 g 'a r Complete ite€tls 3.4a,and ab. C8 s.Camp s Print ymr'name and address on the reverse of this form so that we can return this extra fee)-. u a-� a Complete items 3, 1.0 Addressee's Address card to you. a Print your name ar ■{Mach this form to the IrOnt of tha maiipie ,or on th6 taac<if space does not card to poo. mit. 2.0 Restricted Delivery Attach this form,to errite'Return Recor Regr'Wr#ad,on the matipiece Wow the articie number, es permit. + r The Ratum Receipt will show to whom the article was delivered and the date Consult postma&ter for fee. p_ t- On Wnte"Return fiat, w delivered. 0 is The Return Recei{ c 4a.Article Dumber �a deliver _ ! 3.ArtICIEa ACtdre Sett tD, P 16 � p 3.Article Addreu •` sa SUSIE 14. DUNLAP Oka.Service Type HOWARD $736 LIKENS COURT ® Registered XJV Certified a a 115 GL( MARTINEZ CA '94553 Cl express Mail C3 Insured v 0 Relufn Receipt for Merctleridlse 0 COD 3 ^� ORLhT fA 7,pate of Delivery t} 5.Received 8y' (Print lUarrae) 8.Addressee' AddreQnly if requested Y and fee is paid) � �! 5.deceived By - p. 6.Sign resse €rr Age 6.Signator �� � 102595-9$-B-0229 Domestic Return Receipt Ps Form 3811,'December 84 '� PS f=orm 3$11 Lj r. © ' rn � N F �o • r 00 t i Ckl ch c-0 CD r 7 U. r• tt In _ k y JYI - � P4 r H 1w cd 14 W M rX4H vi ro [ 00 fY1 O F^ a Z �y U qj nj ((� Er CA tq PQ W cJ2 C7 rw �-+ H7„ P�G tri r�p7i t-+ Ln c rU a C3 CL ►moi Q co o 04F E :? 00Lac Z Ln r" a � It CL M o +u o c (D v 00 1— Board of Supervisors r-nntra Costa County P' .16 0 254 1,4 I Pine Street, Room 106 Martinez, CA 94553-1293 U.S.,POSTPGE Ad PHID UNIT CITY.SI RUG . AMOUNT urtnrrus�:rrrs X3.0 ARGENT MORTGAGE & � goon 000ssNo X40 �os-o� INVESTMENT CORP °' ° 3685 Mt. Diablo Blvd., #351sWed Lafayette CA 94549