HomeMy WebLinkAboutMINUTES - 09172002 - SD.2 TO: BOARD OF SUPERVISORS - Contra
FROM: CARLOS BALTODANO -`
Costa
DIRECTOR, BUILDING INSPECTION rr� -- County
DATE: September 17, 2002 Gb-a
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
4953 Laurel Dr., Concord
APN: 116-100-010
OWNER: William & Barbara Lindsay
SPECIFIC"REOUEST(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
$5,000.00, if the County does the abatement.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On May 7, 2002, a courtesy letter was sent to the owner regarding junkyard
conditions. On May 23, 2002, a site inspection was performed and revealed
junkyard conditions including salvaged building materials, glass, wood, tall weeds,
old vehicles, and debris. Records showed an expired permit#183789 which the
property owner renewed immediately and was given 6'0-days to complete a small
amount of work. This permit has since expired on July 5, 2002.
The site inspection revealed the following violations of the County ordinance:
Title 7. Chapter— 82-2.002 (Adoption of the Zoning Ordinance)
Title 7,;.Chapter— 82-2.006 (Land Use Violation)
Title 7, 'Chapter— 84-38.402 (Uses permitted in an A-2)
The owner of the property has been notified of the violation(s) through written
correspondence and certified mail. As of this date, compliance has not been gained.
On July 23, 2002; the Building Inspection Department declared the property a public
nuisance and posted a Notice Order to Abate under Title 1, C apter 14-6. This appeal
is being made under the provisions of this title.
CONTINUED ON ATTACHMENT: SIGNATURE .
RECOMMENDATION OF COUNTY ADMINISTRATOR REC MMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON September 17, 2002 APPROVED AS RECOMMENDED X OTHER X
VOTE OF SUPERVISORS See attached addendm for Board Action
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT None } 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: Pam Christian(925)335-1114
ATTESTED: 3e t r 17, 2002
ccClerk of the Board JohnSweeten,Clerk of the Board of Supervisors
and County Administrator
BY DEPUTY
s:code-ent/kwk/appeal.Lindsay
BUILDING INSPECTION DEPARTMENT
CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF: }
}
William & Barbara Lindsay)
4953 Laurel Dr. }
Concord, CA 94522 }
}
Re: CONFIRMATION HEARING }
DECISION }
}
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' with the
United States Postal Service in Martinez, California, postage
fully prepaid, a copy of the Board of Supervisors, final
decision Board Order on October 2 , 2002 , in the above matter
to the following:
William W & Barbara H. Lindsay
4953 Laurel Dr.
Concord, CA 94521
SITE: 4953 Laurel Dr. , Concord"
APN. 116-100-010
I declare under penalty of perjury that the foregoing is true
and correct.
Dated: Uctober 2 , 2002, at Martinez, California
t
PCD CLERK
-, p 8 y
CONTRA COSTA COUNTY
Clerk of the Board
Inter-Office Memo
DATES September 23,2042
TO: Carlos Baltodano,Director
Building Inspection Department
For Building Inspector : Kevin Kelly,Building Inspector I
FROM: Danielle Kelly,Deputy Clerk
Clerk of the Board of Supervisors
SUBJECT: Completed Board Order to be mailed by Building Inspection Department
Appeal of Abatement
Confirmation of Costs
Enclosed is a copy of completed Board Order No. SD-2-from
Item on Agenda
September 17, 2.00? to be mailed by the Building Inspection Department to;
Date ofBoard Hearing
All the necessary parties(see the Pert).
Please send a completed copy of your affidavit of mailing to the Clerk of
the Board's office for the minute file.
AC:bg
a:tcosdving.mem
ADDENDUM TO ITEM SD.2
September 17, 2002
On this date,the Board of Supervisors considered the abatement appeal by William and Barbara
Lindsay, 4953 Laurel Drive,°Concord.
Phil Ludolph, Building Inspection,presented the staff report and recommendations.
The Chair opened the public hearing and the following person presented testimony:
Barbara Lindsay, 4953 Laurel Drive, Concord.
Supervisor DeSaulnier then moved to close the public hearing,adopt the staff s
recommendations with a 30 day extension to complete the clean up of the property.
The Board of Supervisors took the following action:
• CLOSED the Public Hearing,,
• DENIED the appeal by William and Barbara Lindsay,4953 Laurel Drive,Concord,
• AFFIRMED the determinations of the County Abatement Officer
• DIRECTED the County Abatement Officer to proceed and perform the work of
abatement if the owner is not in compliance w/in 30 days.
CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT
AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA }
I declare that I am a duly appointed, qualified employee
of the Building Inspection Department of the County of Contra
Costa, State of California, that pursuant to Uniform Building Code
Section 102, Uniform Housing Cade 1997 Edition, Section 1101.3, and
Contra Costa County Ordinance Code Chapter 14-6.4 Uniform Public
Nuisances'.
1. 1 deposited attached document (s) in the United States Post
Office in the City of Martinez, certified mail postage
prepaid, return receipt requested, to the persons
thereinafter set forth and in the form attached hereto.
2 . 1 posted the attached documents on the structure on the
property as herein. listed.
X 3 . I have mailed a copy of the attached documents to the
following persons C/O the County Clerk.
4 . Hand delivered.
William W. Lindsay&Barbara H. Lindsay
4953 Laurel Dr.
Concord,CA 94521
SITE. 4953 Laurel Dr., Concord
APN: 116-104-010
Said notices were mailed/posted on August 29, 2002.
I declare under penalty of perjury that the foregoing is true and
correct.
Dated: August 29, 2002 at Martinez, California.
PCD CLERK
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,
CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF
William W. and Barbara H. Lindsay
4953 Laurel Drive }
Concord, Ca 94521 )
Re: ABATEMENT 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 with Contra Costa County
Central Service for mailing in the United States Postal Service in Martinez, California, first class
postage fully prepaid; a copy of the hearing notice, and the code section in the above matter to
the following;
William W. and Barbara H. Lindsay
4953 Laurel Drive
Concord, Ca 94521
1 declare,under penalty of perjury that the foregoing is true and correct., Martinez, CA,
Date: September 3,2002 ..
Danielle Kelly,Deputy Clerk
Jon
The 'Board of Su perV�sors Contra �erk n�a Btoa d
and
County Administration BuildingCosta County Administrator
651 Pine Street,boom 106 County (925}335-1900
Martinez,California 94553
-1293
John Gio a,1st District
Gayle B.Utikerna 2nd District °k
Donna Gerber,3rd District
Mark DeSaulnier,4th District
Federal Glover,5th District
August 29 2002
William W.and Barbara H.Lindsay
4953 Laurel Drive
Concord,CA 94521
Re: 4953 Laurel Drive,Concord
APN#116-100-010'
Dear Mr.and Mrs.Lindsay,
In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance),you are hereby
notified that September 17,2002 at 9:30 a.m.,is the date and time set for the hearing of your appeal from the
decision of the County Abatement Officer declaring the dwelling substandard,C.C.C.82-2.002(Adoption of
the Zoning Ordinance),C.C.C.82-2.006(Land Use Violation),84-38.402(Uses Permitted in an A-2)at the
address mentioned above. The hearing will be heldin the Board of Supervisor's Chambers,Room 107,651'
Pirie Street, (the Administration Building),Martinez,CA.
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,
John Sweeten,County Administrator
and Clerk of the Board
By , ,
Danielle Kelly,Deputy Cler
attachment
cc:County Counsel
Building Inspection
-File List
DATE: August $,2002
TO: Carlos Baltodano,Director
Building Inspection Department
Attn: Kevin W. Kelly,Building Inspector i'
FROM Danielle:,Kelly,Deputy Clerk
Clerk of the Board of Supervisors`
SUBJECT. Appeal by William& Barbara Lindsay
4953 Laurel Drive,Concord/APN#116-100-010
This office is in receipt of the attached letter to appeal and a check for$125.00(#662)on
the above entitled matter, from the decision of the County Abatement Officer declaring as
a public nuisance;that the junkyard conditions exist at the property and is in violation of:
Section C.C.C. Ord. 82-2.002'(Adoption of the Zoning Ordinance), 82-2.006 (Land Use
Violation), 84-14.402 (Uses permitted in a R-20)
The Board of Supervisors has scheduled this appeal for hearing on September 17,2002'
at 9:30 am. If you determine this is not an acceptable appeal,please let us know before
this hearing date.'Prior to this,,hearing date,we require the following material in our
office no later than September 3,2002:
♦ Thirteen completed packets, (one original and twelve copies, each complete) for the
Board members and the Clerk of the Board,
♦ Also,completed packets equal to the addresses on the required Notice of the Hearing
for our noticing purposes;
♦ And, the names, addresses,and zip codes for all relevant parties,including the
Appellant, and if applicable,their attorney.
If we do not receive the material by the aforementioned date,we will be unable to go
forward with the September 17,200:2 hearing date,and will reset the hearing. If you
have any questions or concerns,please contact our office.
Thank you.
c.c.County Counsel
Building Inspection-P.Christian
I William: Lindsay AUGv 200,
4953 Laurel Dr. �* �
2 Concord California � D
94521 CQN7Rq S7gCp #
3 Telephone: (925.798.7792 ,
Appellants
4 Pro Se
William Lindsay
5
6
7 Before the Centra Costa Board of Supervisors
S County of Contra Costa County
4 State of California
10
11 County of Contra Costa Costa County, No.
12 Building department county of Contra Casty
13 County, Notice of Appeal; for notice of zoning
14 Plaintiff, violations dated July 23, 2002, and
15 S. Notice to Abate
16 William Lindsay and Barbara Lindsay,
17 owners of the property in question,
18 Defendant, Appellants
19
20 Notice of Appeal; for notice of zoning violations dated July 23,
22 2002, nand Notice to 'Abate
22 The appellants make this action to challenge the notices and violations as being
23 arbitrary, o=verly broad, and vague.
24
25 The appellants have looked at the zoning codes, and have found that they are in
26 compliance's with the county zoning requirements as outlined in B-20 requirements.
2?
28
29
I The notice of zoning violations states the appellants are in violation for having
2 "'junkyard conditions" and are in violations for uses permitted. The appellants
3 disagree, and state the following:
4 The appellants have .lived on this pr' fora motel 27 ears' the ro rty
5 is used for a detached sjpc
j1e fami2 dwelllAq as outlined in 84-14.402.UL
6 The appellants use the residential roper for cr2g, and Horticulture(2} as
7 outlined in 84-14.402 uses allowed;,. 'The appellants use the property and its contents
8 for maintenance of the foregoing uses. Appellants tax records can be checked to
9 verify the forgoing
10
11 In closing, to comply with your order; we are however in the process of selling the
12 two cars stored on our property and will try to dispose of the walnut huller stored
13 in the carport. Much of the used lumber has been removed, and we are cleaning up
14 the remainder of the property. However more time is needed and a more definite
15 statement of the precise violations according to the zoning regulations would be
16 appreciated.
17
18 Suramary
19
20 The Appellants have no idea what violations are in question according to the
21 statement `junkyard conditions- and are in violations for uses permitted" and have
22 no idea how to comply to this aesthetic statement
23
24
25 'Very truly yours /
26
27 ----------------------
28
- -----_----- -28 Appellant '
29 Bated
OWNER. W1113ar W. and Barbara H. Lindsay
NOTICE AND ORDER TO ABATE
C.C.C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that the junkyard conditions exist at the residence
and are in violation of
Section CCC.Ord.82-2.002 (Adoption of the Zoning Ordinance)
Section CCC Ord. 82-2.006 (Land Use Violation)
Section CCC.Ord. 84-14.402 (Uses permitted in a R-20)
Of the Contra Costa County Ordinance Code. The violation has been declared a
public nuisance by County Abatement officer and must be abated immediately.
The public nuisance is on property located at; 4953 Laurel Dr. Concord; CA
94521
APN# 116-100-010
Owner: William W and Barbara H.Lindsay
(owner on last equalized assessment role or as otherwise known)
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within
fifteen 15 consecutive calendar days from the issuance of this order. The
issuance date is specified below. You may abate the nuisance by;
1. Remove all salvaged building materiels, scrap metal and wood and
other scrap materials, Junk, debris, combustible material, non-
operative automobiles and/or machinery and parts thereof.
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 GIRDER 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 your name, address and telephone number; be
accompanied by an appeal fee of ONE HUNDRED TWgNTY FIVE dollars
($125.00); and be submitted to the Clerk of the Board of Supervisors at the
following address;
CLERIC 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 DATE: July 23. 2002
4
Kevin W. betty (926) 335-1181
Building Inspector I
KwK:Jbp
W.Uni/Lindsay.W lham
unform.rev8/31/99
CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT
AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY
STATE OF CALIFORNIA }
COUNTY OF CONTRA COSTA }
I declare that I am a duly appointed, qualified employee
of the Building inspection Department of the County of Contra
Costa, State of California, that pursuant to Uniform Building Code
Section 102, Uniform Housing Code 1997 Edition, Section 1101 .3, and
Contra Costa County Ordnance Code Chapter 14.6 . 4 Uniform Public
Nuisances .
X 1. 1 deposited attached document(s) in the United States Post
Office in the City of Martinez, certified mail postage
prepaid, return receipt requested, to the persons
hereinafter set forth and in the form attached hereto.
2 . 1 posted the attached documents on the structure on the
property as herein listed.
3 . 1 have mailed a copy of the attached documents to the
following persons C/O the County Clerk.
4 . Hand delivered.
William. W. Lindsay & Barbara; H. Lindsay
4953 Laurel. Dr.
Concord, CA 94521
SITE: 4953 Laurel Dr. , Concord, CA 94521
APN: 116-100-010
Said notices were mailed/posted on July 23, 2002.
I declare under penalty of perjury that the foregoing is true and
correct.
Dated: July 23 , 2002 at Martinez, California.
/6
PCD CLERK