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Home My WebLink AboutMINUTES - 09172002 - SD.3 TO: BOARD OF SUPERVISORS ;� - ;. Contra FROM: CARLOS BALTODANO Costa DIRECTOR, BUILDING INSPECTIONCounty DATE: September 17 2002 SUBJECT: APPEAL OF ABATEMENT ACTION AT San mound Blvd., Oakley APN: 032-172-010 OWNER: Mark Emmerling SPECIFIC REC UEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION ION 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 $3,000, if the County does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS' On June 25, 2002, staff conducted an inspection of the subject site on'Sandmound Boulevard in unincorporated Oakley. The inspection-revealed an occupied travel trailer on the property without approval from Community Development or the Building Inspection Department. Electrical work had been performed on the site without permits The property owner is in violation of the following County Ordinances: Title 8. Chapter 84-a4.2 (Uses allowed in F-1 zone.) Title 7, Chapter 76-12.202 (Electrical permit required) The owner of the property has been notified of the violations through written correspondence and certified mail. As of this date, compliance has not been gained. On August 1, 2002, the Building Inspection Department declared the property a public nuisance and pasted a Notice and Order to Abate under Title 1, Chapter 14-6. This appeal is being made under the provisions of this title. CONTINUED ON ATTACHMENT: SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR REC MMENDArION t? 'BOARD COMMITTEE APPROVE OTHER' SIGNATURE(S): ACTION OF BOARD ON September 17 2002 APPROVED AS RECOMMENDED X OTHER CLOSED the public hearing; DENIM the appeal of Mark Etrmerling, Sandmou d Blvd., Oakley, APN #032-172-olo AFE`IRW the determinations of the City Abatement'-:officer and DnZB= the County Abatement officer to proceed and perform the work of abatement. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT None } AND CORRECT COPYOFANACTION TAKEN AYES: NOES: _ AND ENTERED ON THE MINUTES OF THE: ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Para Christian(525)335-1114 ATTESTED: September 17. 2002 cc:Clerk of the Board JohnSweeten Cleric of the Board of Supervisors and County Administrator ( BY EPUTY s:code-enf/dan/emmerling.appeal BUILDING INSPECTION DEPARTMENT CONTRA. COSTA COUNTY, CALIFORNIA AFFIDAVITOF NAILING IN THE MATTER OF ) Maras EEmerling 5566 Sandmound Blvd. Oakley, CA 94561 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: Mark Emmerl ng 5566 Sandmound Blvd Oakley,, CA 94561 SITE: Sandmound Blvd. , Oakley 94561 APN 032-17`2-010 I declare under penalty of perjury that the foregoing is true and correct. Dated: October 2 , 2002 , at Martinez, California PCD CLERK CONTRA. COSTA COUNTY Clerk of the Board Inter-Office Memo , DATE: September 23, 2002 TO: Carlos Baltodano,Director Building Inspection Department For Building Inspector': Dan Stough,Building Inspector I FROM: Danielle Kelly,Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Completed Board Order to be mailedby Building Inspection Department Appeal of Abatement El Confirmation of Costs Enclosed is a copy of completed Board Order No.ED-3-from Item on Agenda p hr�r 7, t1to be mailed by the Building Inspection Department to: Date of Board 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 CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND 'DELIVERY STATE OF CALIFORNIA } COUNTY OF CON'T'RA 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 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 . 1 have mailed a copy of the attached documents to the following persons C/O the County Clerk. 4 . Hand delivered. Mark Emmerling 5566 Sandmound Blvd. Oakley, CA 94561 SITE: Sandmound Blvd.,Oakley 94561 APN: 032-172-010 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. L R ,.. rt: SEN C CONWLETE THIS SECTION ON DELIVERY 0� ylete Iterrss 1,2,and 3.Also eoniplete A, Fiecei ad by a Prt»tC1etY1 B. t # cry Item 4 if Restricted Delivery is desired, i Print your name and address on the reverse so that we can return the cardio you. C.Signature' ■ Attach this card to the back of the mailplece, —V=P� D Agent or on the front If space permits. D Addressee D, is delivery'ad iron item l? ®Yes nt 1. Article Addressed to: If YES,ant ehMi�� k��in,a,- ❑No fi/E� Mr. Mark Emmerling 5566 Sandmond Blvd. SEP 0 6 2002 Oakley, Ca 94561 3. ;e Ty t anti a RVlSOfiiS Regist ndise ❑Insured Matt 0 C.O.D. 4.,Restricted Delivery?(Extra Feet 17 Yes 2. Article Number(Copy from service label) PS Form 3811,'july 1999 Domestic Return Receipt !� 102595.99-M-1709 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF Mark Emmerling 5566 Sandmound Blvd. Oakley, Ca 94561 Re: ABATEMENT APPEAL I declare under penalty of perjury that 1 am now, and at all times herein mentioned have been,'a citizen of the United States, over age 18; and that today I deposited withContraCosta County Central Service for certifiedmailing 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: Mark Emmerling 5566 Sandmound Blvd. Oakley, Ca 94561 I declare under penalty of perjury that the foregoing is true and correct.,Martinez, CA. Date: September 3;2002 „TIFIED' . Danielle Kelly,Deputy Clerk (Doinestic Mad Only, No Insurance Coverage Provided) ru Ir C7 7ftstage Pr'f r-1Gert15W Fee E!' Return Receipt Fee (Endorsement RegLdredjni ' Here C2 Restrtoted Delivery Fee L"] {EEiidcxsemeret Reqatredj TWO Posmne&F. t1 i eco Mr. Mark Emmerling aSUVA 5566 Sandmond Blvd. wpppp �y . .. .Oakley, Ca 94561 The Beard of SuperVisors Contra john sweeten Clerk of the board and County County Administration Building Costa L Administrator 651 Pine street,Room 106 (925}335.1900 Martinez,California 94553-1293 County John Gloia,1st District Gayle S.Uilkema,2nd District sM. Donna Gerber,3rd District Mark DeSauinier,4th District ! r Federal Glover,5th District " August 29,2002 Mr.Mark Emmerling 5566 Sandmound Blvd. Oakley,CA 94561 Re: 5566 5andimound Blvd.,Oakley,CA 94561 APN#032-172-010 Dear Mr.Emmerling, 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.84-34.2(Uses Allowed in F-1 Zone),C.C.C.76-12102(Electrical Permit Required)at the address mentioned above. The hearing will be held in the Board of Supervisor's Chambers,Room 107,651 Pine 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.A10.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 F B y C Danielle Kelly,Deputy Clerk attachment cc:County Counsel Building Inspection File List DATE: August 14, 2002 TO Carlos Baltodano, Director Building Inspection Department Attn: Dan Stough,Building Inspector I FROM: Danielle Felly,Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Mark Emmerling Sandmound Blvd.,Oakley APN#032-172-010 This office is in receipt of the attached letter to appeal and request for Waiver of Fees on the above entitled matter,;from the decision of the County Abatement'Officer declaring as a public nuisance that the travel trailer/mobile home and electrical without permits are in violation of C.C.C.'Ord. 82-2.006 (C.C.C. Ord. 84-34.2 Uses Allowed in F-1 Zone), and C.C.C. Ord. 76-12.202 (C.C.C. Ord. 76-8.202,Permit Required). The Board of Supervisors has scheduled this appeal for hearing on September 17,2002 at 9:30 a.m. 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 August 30 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 17,2002 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 four seasons Prefestiont Painting 5566 sanamo,na sive. Oakicy,CA 9'4561 AUGLicense#629975 Phone(925)684-2505 CLERK S�ARQ C3 SUPERVISORS Fax(925)684-2505 CONTRA�05T'A C;}. August 08,2002 Clerk of the board of supervisors County of Contra Costa County 651 Pine St. 1st.floor Martinez,CA 94553 To whom it may concern, I'm writing to appeal the orders of abatement. As far as the travel trailer,i didn't know I needed to pull a permit for electrical since a meter was already installed on the property.I know a permit has been pulled for that.Do you need to check it again?Also my builder lives in the trailer and he needs to be on site to look over the project and manage it since I don't live here all year around. Sincerely, Mark ering (f� 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 harships 1. Appellant is legally indigent; 2. Appellant is receivingbenefits 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) ; 03 - 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 o t) on A)' (date) at /v'�a✓ (City, StRte) OWNER:. Emmerling NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 NOTICE IS HEREBY GIVEN that the travel trailer/mobile home and electrical without permits are in violation of: CCC Ord. 82-2.006 (CCC Ord. 84-34.2 uses allowed in F-1zone.) CCC Ord. 76-12.202 (CCC Ord. 76-8.202 permit required) of the Contra Costa County Ordinance Code. The violations have been declared a public nuisance by County Abatement officer and must be abated immediately. The public nuisance is on property located at: Sandmound Blvd., Oakley API # 032-172-010 Owner: Mark Emmeding YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within twelve J12 consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by: 1. Removing the travel trailerlmobilehome from the property.. 2. Removing the electrical from the Property. 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 your name, address and telephone number; be accompanied by an appeal fee of ONE HUNDRED TWENTY FIVE dollars ($125.00 ; 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 94,553 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 addressor telephone number listed below. ISSUANCE DATE: August 1, 2002 Dan 6Stough Building Inspector 1 (925)427-8843