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Home My WebLink AboutMINUTES - 07222003 - SD2 TO: BOARD OF SUPERVISORS J Contra k Costa FROM: CARLOS BALTODANO DIRECTOR, BUILDING INSPECTION County DATE: July 15, 2003 SUBJECT: APPEAL OF ABATEMENT ACTION AT: 5035 and 5057 Sandmound Blvd., Oakley, CA APN: 032-202-003 and 032-202-004 OWNER: Brian Hamilton 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 $12,000, If the county does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS On August 26, 2002, a complaint was received regarding junkyard conditions at 5057 Sandmound Blvd. in Oakley. A site inspection on September 17, 2002, revealed that the parcel was being used for the storage of junk, construction equipment, commercial equipment, boats, vehicles, trailers and debris. A Notice To Comply was sent on October 7, 2002. On April 22, 2003, a complaint was received regarding the adjacent parcel 5035 Sandmound. A site inspection revealed storage of junk, construction equipment, commercial equipment, boats, vehicles, trailers, debris and items being moved between the two parcels. On April 23, 2003, a Notice To Comply covering both parcels was sent to Mr. Hamilton. Title 8, Chapter 88-4.206 (Junkyard Conditions) _Title 8. Chapter 82-2.002 (Adoption) Title 8, Chapter 82-2.006 (Enforcement) Title 8, Chapter 84-34.402 (Uses permitted in the F-1 Zone) Title 8, Chapter 84-68.1404(Storage of mobile homes, travel trailers, camp cars, vessels and vessel trailers) 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 May 22, 2203, 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: SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON =y 22 2003 APPROVED AS RECOMMENDED OTHER X See attached add n or Board action VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT N ) AND CORRECT COPY OF ANACTIONTAKEN 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: July 22, 2003 cc: JohnSweeten,Clerk of the Board of Supervisors d County Administrator a B b4EPUTY ADDE NDUM TO ITEM SD.2 July 22, 2003 On this date,the Board of Supervisors considered the appeal by Brian Hamilton, from the decision of the County Abatement Officer declaring a public nuisance on the property located at 5035 and 5037 Sandmound Blvd., Oakley. Terry Plys, Building inspector, .Building inspection Department presented the staff report and recommendations. The Chair then opened the public hearing and the following person presented testimony: Len Hamilton, 5057/5035 Sandmound Blvd., Oakley The Chair then closed the public hearing. Supervisor Glover moved to approve the staff's recommendations. Supervisor Uilkema second the motion and the Board took the following action: CLOSED the public hearing; DENIED the appeal by Brian Hamilton(owner) from the decision of the County Abatement Officer declaring a public nuisance on the properties located at 5035 and 5057 Sandmound Blvd., Oakley; AFFIRMED the determinations of the County Abatement Officer DIRECTED the County Abatement Officer to proceed and perform the work of the Abatement. BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: } } Brian Hamilton } 5035 and 5057 Sandmound Blvd. } Oakley, CA 94561 } } } Re: APPEAL 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 July-31.. 2003 in the above matter to the following: Brian. Hamilton 5035 Sandmound Blvd. Oakley, CA 94562 Len Hamilton 5057 Sandmound Blvd. Oakley, CA 94561 New Century Mortgage Corporation 28400 Von Karman Ste 100 Irvine, CA 92612 Instr#02-339324 Family Support Division 50 Douglas Dr. #100 Martinez, Ca 94553 Instr#99-284653 Marcia Hamilton C/o Gloria Mas, Supervising Attorney Dept. of Child Support Services 2120 Third St. South Lake Tahoe, CA 96150 Instr#01-406034 SITE: 5035 and 5057 Sandmound Blvd. , Oakley APN: 032-202-003 and 032-202-004 I declare under penalty of perjury that the foregoing is true and correct. Dated: July 31, 2003 , at Martinez, California t 4 b 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 Centra 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 . I pasted 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. Brian Hamilton 5035 Sandmound Blvd. Oakley, CA 94561 New Century Mortgage Corporation 18400 Von Karman Ste 100 Dine, CA 92612 Instr#02-339314 Family Support Division 50 Douglas Dr.#100 Martinez, CA 94553 Instr#99-284653 Marcia Hamilton C/o Gloria Mas,Supervising Attorney Dept. of Child Support Services 1120 third St. South Lake Tahoe, CA 96150 Instr#01-406034 SITE: 5035 and 5057 Sandmound Blvd., Oakley, CA APN. 032-202-003 and 032-202-004 Said notices were mailed/posted on July 8, 2003 . I declare under penalty of perjury that the foregoing is true and correct. Dated: July 8, 2003 , at Martinez, California. a PCD CLERK July 14, 2003 5:01 p.m. Mr. Hamilton, I tried to return your call at 4:45 p.m. I let the phone ring,but no one answered the phone. I spoke with the Building Inspection Department. Mr. Comelo, Administrative Service Officer advised that the Notice of Hearing was mailed to the addresses you provided and a signature was confirmed received. The hearing will proceed as scheduled. If you would like to postpone this hearing, it is your option to request the postponement at tomorrow's scheduled hearing at 9:30 a.m. to the Board of Supervisors. Thank you, Danielle Felly Deputy Clerk (925)335-1902 rr' REQUEST TO EPEAX I+O (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing theBoard. Name: V phone: Address: " City:-e2' ��, .., .. I am speaking for myself or organization: (nox of orsantxation) CHECK ONE: I wish to speak on Agenda Item # gate, My commentswill be: general for against 1 wish to 'speak on the subject of I do not wish to speak but leave these comments for the Board to consider: { O z CD >s C) m gyp'LD w • ro 12 ; C) t F'1 q. 't17 � ZU � M t .. <"" *� ..,4 '• �.E t3. � SZ h vow _ ' CD ZZ 42 ' r a v C7 " p -° fir'. iv n �� rocs s .10B V C:) e� cl C3 cr m tr ; tr tr to 00 Olt, CD V1 CD t sJ t to co t 70 0, a fl 0 BOARD OF SUPERVISORS, CONTRA. COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER.OF } } Brian Hamilton 5435&5457 Sandmound Blvd ) Oakley,Ca 94561 ) } 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 interoffice mailing,a copy of the hearing notice in the above matter to the following: Family Support Division 50 Douglas Drive#100 Martinez,Ca 94553 Instr#990284653 I declare under penalty of perjury that the foregoing is true and correct.,Martinez,CA. Date: July 2,2443 Danielle Kelly,Deputy Clerk BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) } Brian Hamilton ) 5035&5057 Sandmound Blvd } Oakley,Ca 94561 ) 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,a copy of the hearing notice,and code section in the above matter to the following: Marcia Hamilton C/o Gloria Mas,Supervising Attorney Dept.of Child Support Services 1120 Third Street South Lake Taho,Ca 96150 Instr#01=406034 El Dorado Department of Child Support Services P.O.Box 1045 Placerville,Ca 95667 Instr#01-406034 Mr.Brian Hamilton 5057 Sandmound Blvd. Oakley,Ca 94561 New Century Mortgage Corporation 18400 Von Karman Ste 100 Irvine,Ca 92612 Instr#02-339314 Mr,Brian Hamilton 5035 Sandmound Blvd. Oakley,Ca 94561 I declare under penalty of perjury that the foregoing is true and correct.,Martinez,CA. Date: July 2,2003 Danielle Kelly,Deputy Clerk The Boerd of Supervisors ontra John Sweeten Clerk of the Board Costa and County Administration building County Administrator 651 Pine Street,Room 106 County � (525)335.1800 Martinez,California 94553-1293 ( _o( �nt I Jahn Glola,1st District "�J t.� l�f Gayle B.Uilkerna,2nd District r� Donna Gerber,3rd District Mark DeSaulnier,4th District Federal Glover,5th district ° July 2, 2003 Mr. Brian Hamilton 5035 Sandmound Blvd. Oakley, Ca 94561 Re: 5057 Sandmound Blvd APN#030-202-003 Dear Mr.Hamilton, In accordance with Contra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure), you are hereby notified that July 15, 2003 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 that the above mentioned property is a public nuisance in violation of the following Ordinance Code sections. 82-2.002, 82-2.006, 84-34.402 Junkyard Conditions uses permitted in F-1; 82-2.O02, 82- Z006,Storage of Truck Boxes, Commercial Vehicles and Debris Containers are being improperly stored Adaption of the zoning ordinance CCC Ord.Land Use Enforcement;82-2.002, 84-68.1404, Vessels and Trailers are being stored Adoption of the Zoning-.improper storage of a vessel; 82- 2.002, 82-2.002, 82-2.006, 84-34.402, Container's Storage Yard Adaption of Zoning Ordinance- Land Use Enforcement Uses permitted in F-1. The violations are on property located at 5057 Sandmound Blvd., Oakley, Ca. 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 14-6.418.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, John.Sweeten,County Administrator and Clerk of the Board fi By Danielle Kelly,Deputy Clerk attach t cc:County Counsel Building Inspection The Board' of Supervisors Contr John Swe oarz Clerk of the Board Costa County and County Administration Building Administrator 651 Pine Street,Room 166 (925)335-19W Martinez,California 94553-1293 County o t j�""�t / John Gioia,1 st District V l.,t i 1 L�/ Gayle B.Uiikema,2nd District ;•"= , Donna Gerber,3rd District t Mark DeSaalnler,4th District Federal Glover,5th District ri• July 2, 2003 Mr. Brian Brian Hamrilton 5035 Sandmound Blvd. Oakley, Ca 94561 Ret 5035 Sandmound Blvd APN#030-202-404 Dear Mr.Hamilton, In accordance with Contra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure), you are hereby notified that July 15, 2003 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 that the above mentioned property is a public nuisance in violation of the following Ordinance Code sections: 82-2.002, 82-2.006, 84-34.402 Junkyard Conditions uses permitted in F-1 8.2-2.002, 82- 2.006,Storage of Truck.foxes, Commercial Vehicles and Debris Containers are being improperly stored:Adoption of the zoning ordinance CCC Orr.Land Use Enforcement; 82-2.002, 84-68.1404, Vessels and Trailers are being stored. Adoption of the Zoning-Improper storage of a vessel; 82- 2.002, 2-2002, 82-2.002, 82-2.006, 84-34.402, Container's Storage Yard.Adoption of Zoning Ordinance- Land Use Enforcement- Uses permitted in p=1. The violations are on property located at 5035 Sandmound Blvd., Oakley, Ca. The hearing will be held in the Board of Supervisor's Chambers, Room 107, 651 Pine Street, (the Administration Building),Martinez, CA. The heating will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code 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, John Sweeten, County Administrator and Clerk of the Board By a&dl a anielle Kelly,Deputy Clerk attachment cc:County Counsel Building Inspection DATE: June 30, 2003 TO: Carlos Baltodano,Director Building Inspection Department Atte: Terry Plys, Building Inspector I FROM: Danielle Kelly,Deputy Clerk `,it ''b} Clerk of the Board of Supervisor SUBJECT: Abatement appeal by Brim Hamilton 5035 & 5057 Sandmound Blvd.,Oakley This office is in receipt of a letter to appeal (see attached copy) and$250.00 filing fee for the above entitled matter, from the decision of the County Abatement Officer declaring as a public nuisance; that the property has junkyard conditions,illegal storage of truck bones, commercial vehicles,vessels, trailers, scrap and debris and a contractor's storage yard exists on the site and is violation of the County Ordinances described on the attached Notice and Order to Abate dated on May 22, 2003. The Board of Supervisors has scheduled this appeal for hearing on July 15,2003 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 July 8, 2003. a 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 Dearing 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 July 15,2003 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(Pare Christian) K F { Pt k .SUN 2 _00 3 rQv;Y, yys U. GO,ckj ,.....v.,L...a.a...M..,.+u� NOTICE AND ORDER TO ABATE C.C.C.ORDINANCE CODE 14-6.410 NOTICE IS HEREBY GIVEN that this property has junkyard conditions, illegal storage of truck boxes, commercial vehicles, vessels,trailers, scrap, and debris. A contractor's storage yard exists on the site. Se tl€en Com_Ord.82- _ 2 tf 00 884-34.402. Junkyard Cc"d t Qn:5;, uses permitted in F-1. ctlon r°�. 2-2. 2-2,006. S torage of Truck Box", Commercial Vehicles and Debris Containers are being Improperly stored. Adoption of the zoning ordinance CCC Ord_ Land Use Enforcement Section GCC Ord.82-2,002,j jjg.i 404,Vessels and Trailers are being stored. Adoption of the Zoning—Improper storage of a vessel. Steatbon C-C Ord. $2-2.002.82-2006.04 3&402.Contractor's Storage Yard. Adoption of Zoning Ordlnan+c&-Land use enforewr en#-Uses permitted in F-1. of the Contra Costa County Ordinance Cade. The violation has been declared a public nuisance by County Abaternt officer and must be abated immediately. The public nuisance is on property located at:5035 Sandmomad Blvd.. Oakley_ Ca. APN#030-202-004 Cwrter: riare i3aaraalteaa (0VM*(On last agU8114 d 6a6e00MOM MO O'ae othemloo known) YOU ARE HE14EBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ten f101 OLINgIgIve calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by: 1. Remove all Items that constitute a violation of the Junkyard Condition Ordinances. Including but not limited to cars, trucks, V8868116, nexaR debris, trash and all other items in violation of the above mentioned ordlnance(s). 2. Remove all truck boxes, commercial vehicles, and debris containers from property. 3. Remove all vessels,and trailers from property 4. Ceases and dasist the storage of all coaatrtectlon €naterlals and equipment by removing from the mentioned altt L 5. Cease any and all activities relating to and business function(s)not pe rmiitted In an F-f zone. 5. Remove any equipment than constitutes a violation of the Contractors Yard Ordinances. Including but not limited to trucks, tralders,tools,storage colla€hers and commarciat equipment. If you fall to abate the public nuisance within the number of days sperlifled,the county may carder this abatement by public ernpltryees, private contractor, or other means. The cast of said abatement, it not paid, may be levied and assessed against the property as a special assessm9rtt lion and may be collected at the same time and In the same manner as orciinary county taxes are collected, subject to the same penalties, procedures and sales in case sof delinquency. L3�,/i@�i'd t�7�a� :iYvW)EO� -GYM—r�ifp` YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any such appeal must be brought prior to the expiration of the number of days&pacified above for completion of abatement, The appeal must be in writing; specify the reasons for the appeal, contain your name, address and telephone numbee; be accompanied by an appeal fee of ONE IiUNDRW TwFam 1"EVE dollars (SI&QW: and be submitted to the Clerk of tt_ rd of SmAndam at the following address; CLERK OF THE BOARD OF SUPERVISORS,COUNTY OF CONTRA COSTA 651 PINE STRr=ET',1sT FLOOR,MAR-nNEz,CA 54553 One who is !stWly indont may obtain a waiver of the appeal fee. Upon timely moeipt of ffe appeal and accompanying fee,or waiver,the Clerk of the mrd 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 thil� matter, you may direct tern to the county oflioer issuing this notice at the address or telephone number fisted below, ISSUANCE DA"T'E; Z 2 , rr ` ea('8251'Y44HM BUILDING INSPECTOR 1 TP.cje unllerm.rerR�1199 L30�1�'d E�:fO (IrlriW�E06�-�"d--lYfd' NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 NOTICE l$ HEREBY GIVEN that this property has junkyard conditions, illegal storage of truck boxes,commercial vehicles, vessels,trailers,scrap, and debris. A contractor's storage yard exists on the site. Section GGG<Ord.82:-2-002-82-2.006,A4-34.402. Jursk hard Candi ions., uses permitted In F-1. - S tion CCC Ord. -- .0A6. Storage of Truck Soxe Commercial Vehicles and Debris Containers are being improperly stared. Adoption of the zoning ordinance CCG Ord. Land Use Enforcement Section CCC Ord.8&g.(iQ;Z,§IA&IMA Vessels and Trailers are being shored. Adaption of the Zoning-Improper storage of a vessel. 9wJIM CCG Ord, 82-ZOM M 2.006. 4AO2.Contractor's Storage Yard. Adoption of Zoning Ordinance-Land use enfewca hent-Uses permitted In F-1, of the Contra Costs 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:5057"Sarrdmound Blvd- Oaktev. A"030-202.003 Ownr~r: Bria€a Iierrtl#fora (0wMT an lad rtgl Wabd aasbsan%60 ra19 cr as a e dta known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ten (701 22ns+ecuttve calendar days from the issuance of this order. The issuance date Is specified below. You may abate the nuisance by: 1. Remove all items that constitute a violation of the Junkyard Condition Ordinances. Including but not limited to tars, trunks, vessels, scrap, debris, trash and all other items In violation of the above mentioned ordinance(s). 2. Remove all truck boxes, ccrnmercial vehicles, and debris containers from property. 3. Remove all vessels,and trailers from property 4. Cie and desist the gage of ail construction materials and equipment by removing from the mentioned site_ 5. Cease any and all activities relating to and business function(s)not pex mltted in an p-9 zone_ S. Remove any equipment that constitutes a violation of the Contractors Yard Ordinances. Including but not limited to trucks, trawlers,f*ois,storage containers and commercial equipmwit. If you fall to abate the public nuisance within the number of days Specified, the county may order this abatement by public employees, private contractor, or other rnoans. The cost of said abatement, if -not paid, .,gay 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 col ct`ed, subject to the same penalties, procedures and sales In case of del quency. 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 fo the appeai; contain your name, address and telephone number, be accompanied by an appeal fee of O HU fJREO 'TWENTY FIVE dollars 125.(1tl; and be submitted to the Clerk of the Sgard elf§uomiagFe at the following addrass: CLERIC OF THE BOARD OF SUPERVISORS,COUNTY OF CONTRA COSTA 651 PINE STREET,98T 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 matte'to be set for fearing 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 therm to the county offlcer issuing this notice at the address or telephone number listed below. iSSUANCE VA s E, Ms s 22 2003 e Pl e 9 4 -88" BUILDING INSPECTOR I TP:Cje undotm.revi#3it9® AFFInAVIT OF POST3XGr SrIMICE BY KAIL OR HALM) M%TVRRY STA.T2 Or CALIFORNIA � CObNTY OF CONT-14A COSTA ) S declare that I am a duly appointed, and qualified employee of the Building inspection Department of the County of Contra Costa, state of California, that: pursuant to Uniform Buildings Code Section 203 and Uniform Housing Code 1990 Edition, Sections 1101, 1102 and Chapter 1, Subchapter 1, Title 25 of the CalifcMnia A&-fli !ig"-fatiVC Code: 1. I deposited attached docuament€s, in the United States Post Office in Bethel Island, certified mail postage prepaid, return receipt requested, to he persons hereinafter set forth and in the form attached hereto. i� 2. 3 posted the attached documents on the structure on the property as herein listed. 3. 1 haxe mailed a copy of the attaches documents to the following persons CIO the County Clerk. 4_ B=and delivered. Brian Hamilton ,` 5635 Sandmoursd Blvd. Oakley, CA 94551 New Century Mortgage Corporation 18400 'ion Kazrnan Ste 100 Thine, CA 92612 inutr# 02-r393i4 Family Support Division 50 Douglas Dr. #100 w Martinez, Cly 9455 lzlstr# 99-254553 El Dorado Department of Child Support. services FO Box 1045 Placorvill"�, vA 95567 Instr# 01-406034 SITE: 5035 Sandmound Blvd., Oakley, CA APIC, 030-202-004 Said notices were mailed/postm-d on My 22 201111 1 declare ender penalty of perjury that the foregoing is true and correct. Dated; May 22. 2QQ a_t Brentwood, California. TEP,Rlf PL S B+ Dl31Tf INSPECTOR �.00/�0Q � tt1:6� F�NOial) 4�0-i�' Ja 3 ct3 cam!?-Vd ro + 3S C-' i .+ S, �' �' � �Cir; �.•'� s t r. �55 4 4. �f. 't. S 5 4'. '•S k. 4, r' AZF=MVIT OF POSTING, SERVXCE BY MAIL OR HA= DELrVZAiC STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) I declare that I am a duly appointed, and qualified employee of the Building inspection Department of the County of Contra Costa, State of California, that pursuant to Uniform Building Code Section 20.3 and uniform Housing Code 1990 Edition, Sections 1101, 1.102 axtd Chapter 1., Siihchapt�r 1, Title 25 of the California Administrative Cade! X 1. 1 deposited attached document(s) in the united States most Office �ff ink yBethel. island, certified y wail persons;Lrepa� .Lei rn receipt recraested, bo. Hess persons hereinafter Bot forth and in the form attaahad hereto. _ 2. I posted the attached documents on the structure on the property as herein listed. 3. ' have mailed a copy of the attached dei x.b emnts to the following persons C/O the County Clerk. 4. Hand delivered. Brian Hamilton x-" 5057 Sandmound Blvd. oaklAy, CP 94561. New Century Mortgage Corporation 19400 Ston Korman Ste 1.000 Irvine, CA 92512 " Instr# 02-339312 Family Support Division 50 Douglas Dr. #100 Martine, CA 94553 znstr# 99-294553 Marcia Haluil.ton C/o Gloria Nag, Supervising Attorney Dept. of Child Support Services 11201 Third St. Sbuth Lake Tahoe, ' 96150 Instr# 01-405034 SITE.: 057 sandmo=d Blvd., Oakley, CA APN. 030- 202-003 said notices dere ma.'_ledlposted on a, I declare under penalty of per-jury that the foregoing is true and correct. Dated= May 22. 2QQ3 at Brentwood, Cali-fornia. T Y S BtffLDILIG aM PECTOR tOO1900'a East Count �j��l Gt Carlos Baltodano Y Director of Building inspection Building Inspection Office Costa 1191 Central Boulevard Suite C County Brentwood,California 94513 (925)427-8850 Fax:(925)427-8838 April 23,2003 Brian Hamilton 5057 Sandmound Blvd. i Oakley, CA 94561 SITE: 5035 Sandmound Blvd. Oakley APN 032-202-004 REF: RF03-00413 NOTICE TO COMPLY You are hereby notified and have been notified in the past that this department has observed your property at the above location and determined it is in violation of the Contra Costa County Ordinance Code for the following reason/s: Violation description and County Ordinance Code Section 1. Junkyard conditions exist at the above-mentioned site. Including but not limited to cars,trucks,vessels, debris, and trash. Junkyard conditions.Adoption of Zoning CCC.Ord.82-2.002 - Land use Enforcement COC Ord. 82-2.006 - Uses Permitted in F-1 CCC Ord. 84-34.402. 2. Improper Land Use. A Business is being'conducted at and on the above mentioned site that is not in compliance with uses allowed in F-1 zone: 3. Contractors Yard exists at the above mentioned site. Adoption of Zoning Ordinance. CCC Ord. 82- 2.002. Enforcement CCC Ord. 82-2.006. Uses Permitted for zoning of lot. F-1. You must clear the above violation(s) by taking the following corrective actions within seven (7) days of the date of this notice. Corrective Actions 1. Remove all items that constitute a violation of the Junkyard Condition Ordinances. Including but not limited to cars, trucks,vessels, scrap, debris,trash and all other items in violation of the above mentioned ordinance(s). Call and schedule a verification inspection within4he allotted time. 2. Cease any and all activities relating to and business function not permitted in an F-1 zone. 3. Remove, from the above mentioned site, any equipment that constitutes a violation of the Contractors Yard Ordinances. Including but not limited to trucks,trailers,tools, storage containers, commercial equipment. An investigation has begun and compliance is required to correct the above violations. A code enforcement fee shall be charged equal to two times the amount of all permit fees. Zoning violation clearances require a minimum of a $100.00 fee. A fee of$25.00 per trip will tie charged until compliance is met. The fees are additive to the building permit/zoning fees. If you fail to comply with this notice, this office will take one or more of the following action/s: 1. Record this notice on property records 2. Defer to County Counsel for legal action 3. Issue a Citation—Court appearance,penalties and fines 4. Notify the Franchise Tax Board(tin rental units declared substandard) 6. Obtain abatement order—All costs plus administrative fees billed to owner 6. Administrative Penalty Procedures—Daily fines for each noted violation I may be reached at (925) 427-8846 most workdays between 7:30 and 10:00 a.m. I am off every other Friday. Sincerely, AerPlys Building Inpector i EAST COUNTY BUILDING INSPECTION OFFICE 1191 Central Blvd.#C Brentwood, CA 94513 ,• Telephone:427-8850 Fax:427-8838 DATE TO FROM SUBJECT . Pages sent, including this page: - 7 — Sent for your p Information o Review p Approval D As Requested Original will 0 Not be sent 0 Be sent by mail/carrier p Be hand delivered MS',%AGE: _ IF TARE IS AT1tAIV, MiSSioN PRoBLEm,MEASE PHONE,FAX OPERATOR AT(925)646-41118 3 cFt s�tt�S-�es�r�C3tt�t:�s�rt�� /tom tr:60 (NON)S0W-Z0-Wr ! r 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 an 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 (date) at (City, state) The Boardof ;supervisors Contra Jahn Sweeten Clerk at the Board and Costa County Adm3r4istration Building County Administrator 651 Pine Street,Room 106 (925}335-1900) Martinez,California 94553-1293 ounT LY John Giola,1 st District Gryfe B.tliikema,2nd District .` Donna Gerber,3rd District Mark DeSaulnier,4th District Federal Glover,5th District s: ri• July 2, 2003 R `. Mr. Brian Hamilton 5035 Sandmound Blvd. Oakley, Ca 94561 Re: 5035 Sandmound Blvd APN##030-2032-004 l Dear Mr.Hamilton, In accordance with Contra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure),you are hereby notified that July 15, 2003 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 that the above mentioned property is a public nuisance in violation of the following Ordinance Code sections: 82-2.002, 82-2.006, 84-34.402 Junkyard Conditions uses permitted in F-.1; 822.002, 82- Z 006,Storage of Truck:boxes, Commercial Vehicles and,debris Containers are being improperly stored. Adoption of the zoning ordinance CCC Ord.Lund Use Enforcement;82=2.002, 84-68.1404, Vessels and Trailers are being stored. Adoption of the Zoning Improper storage of a vessel; 82- 2.002, 22.002, 82-2,0112, 82-2.006, 84-34.402, Container's Storage Turd.Adopdan orf Zoning Ordinance- Land Use Enforcement- Uses permitted in F=1. The violations are on property located at 5035 Sandmound Blvd., Oakley,Ca. 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 m accordance with procedures set forth in Contra Costa County Ordinance Code 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, John Sweeten,,County Administrator and Clerk of the Beard By aelle�Kelly—.DepWutyClerk attachn=1 cc:County Ctnmsel Budding inspection APPEALS 14-2.203--144.008 142.203 ,Arrests authorized. Pursuant to administrative action taken by any Officer of Penal Code Section 836.5, all county officers this county under this code may appeal from the and employees who have a duty to enforce any action to the board-of supervisors,UPr6i ided in statute or ordinance are authorized to arrest this chapter. (Ord. 70;36 1'71'(part), 1970: prior persons for violations thereof as provided by code § 1207(part)). law.(Ord. 76.51 j 3). 144.044 Notice filed by appe Dant. Jbe Article 1414 Notices appeuaht shall, within thirty days of the action appealed from, d � 14-2,402 General. Unless otherwise verified writtennotice Of clerkthe;board a appeal concisely specialty provided herein, notices and service stating the facts of the case and the grounds for thereof pursuant to this code sha.0 be as his appeal including his special interest and provided in Sections 142.4012 through 14.2.408. i7 ur . (Ord. 70.36 11 (part), 1970:prion code (Ord. 70.36 11 (part), 1970: prior cede § 1205 § 1207 (part)). (part)). 14-4.006 Setting of hearing — Notice. 'The 14-2.444 Written. Notices :shall be written. clerk of the 'board shall then promptly set theE (Ord. 70.36 11 (pant), 1970: prior code § 1205 matter for hearing at an early regular board (Part))• meeting, and shalt give the appellant at least fiver 14 2.406 Service.* Written notices shalt be days' written .notice thereof. (Ord. 70.36 § 1 :served either: (per). 1970: prior code § 1207(part)). (1) Personally;or (2) BY deposit in the United States mail in a 14-4.008 Decision final. The board's sealed envelope, first class, postage prepaid, decision, after appellant has had an opportunity addressed to the person to be notified at his last to be heard, shall be final and conclusive. (Card. known business or residence address appearing 70`36 § 1 (part), 1970: prior code § 1.207 in the public records or in other records of the (130) matter for which notice is given, .and mailed notice shalt be deemed served when duly mailed. Chapter 146 (Ord. 70.36 § 1 (part), 1970: prior code § 1205 (per)). CML ENFORCEMENT* 14-2.408 Proof of service. Proof of the service of any notice may be made by the .Article 14.6.7 General evert Bate of any oMm or employee of this Sections: ectopy or by the affidavit of any person at least 14-6.i02 General. eighteen years old, showing service conforming 14-6.204 Nuisances,. to the code or other applicable law. (Ord.70.36 Article 1.4-6.4 Uniform Public Nuisances §1 (part), 1970: prion code j 1206). Abatement Procedure Sections: 146.402 Uniform procedure:. Chapter 144 146.404 Definition. APPEAIS 1 -6.406 Susnrnary abatement- 1" batement.lX6 408 Scope. Sewcti+ x c 146.410 Nuisance declare d. 14.4.002 GerieraL 14-6.412 Service of notice and order I4-4.0% Notice meed by appellant. to abate. 144.006 Setting of hearing-Notice. 14-6.414 Appeal procedure. 14-4.009 Ikon tidal. 146.416 Appeal fee--Dote urination of amount/waiver of payment/ 14-4,002 General. Unless otherwise refund.. specially provided, any person aggrieved by an vFar Ow rtstutwy pm iskmt reprding wtim by tert#W mslr *Fcc the outuuvy pra+Wrtr%reVmjbV the ceruttty's**Daft m sa beret Stud ter MAVAM Of MUM by 2tVSU rd road.ler tor, sl*tt a public vubwxe, we Cir. C. 1 3494;far ft n=0"5 C.133Et62. 064na s public buift=,at Cir.C 1301. 5 (comes COO"cow"Y AUG 15 1990 , a 1".202-146.410 GENERAL PROVISIONS 14-6.418 Hearing procedure. 14.6.4o4 Definition. The term "county 14-6.420 Decision. abatement officer" means the county officer 146.422 Time for compliance. responsible for enforcing the county..ordinance 14-6.424 Limitation of action. code provision being violated, which violation 14-6.426 Noncompliance. has been declared to be a public nuisance.(Ord, 14.6.428 Report and notice of hearing. 88-88 § 2). 14-6.430 Hearing on report. 14-6.432 Cost as special assessment and 14.6.406 Summary abatement. Nothing 3n lien. this article prohibits the summary abatement of 146.434 Notice of assessment and a nuisance upon order of--the board or upon abatement lien. order of any other county officer authorized by 14-6.436 Manner of collection—Law ,law to summarily abate nuisances, if the board applicable. or officer determines that the nuisance con. 14-6.438 Release and subordination. stitutes an immediate threat to public health 14-6.440 Violations. and safety. Article 14-6.6 Treble Abatement Cost for In the event a public nuisance is summarily = Repeat Public Nuisances abated, the county abatement officer shall Sections: nevertheless keep an account of the cost of 14-6.602 Treble abatement cost for abatement and bill the property owner,therefor. repeat public nuisance. If the bill is not paid within fifteen days from 14-6.604 Exception. the date of inailing, the county abatement officer may proceed to obtain a special assess. Article 14-6.2 General .. ment and lien.against the owner's property in accordance with the procedures set forth in 146.202 General. In addition to the this article, except that, in addition to a review Penalties provided by this code, this code may of the costs of abatement, the board shall also be enforced by civil action, directly against hear and determine any issues relative to the the act, omission or condition, or for damages necessity for the abatement or the manner in therefor, for collection of penalties, fines, which the property was declared to be a public deposits, forfeitures, etc., or by other civil nuisance and summarily abated. (Ord. 8888 proceedings. (Ords. 88.88 § 2, 70.36 § 1: prior § 2), code § 1203). I4-6.408 Scope.Whenever a public nuisance 14.6.204 Nuisances. Any condition existing is declared, it may be abated in accordance with in violation of this code is a public nuisance,and the procedures provided in this article. The may be abated in a civil action, summarily or procedures set forth in this uncle are not ex- otherwise by the county. (Orris. 88-88 § 2: elusive but arc cumulative to all other civil and 70.36 11: prior code 11203). criminal remedies provided by law. The seeking of other remedies shall not preclude the sknul- Artick 14-6.4 taneous commencement of proceedings pursuant Uniform Public Nuisance's to this article.(Ord. 88-88 12). Abatement Procedure 14-6.410 Nuisance declared. A county 14.6.402 Uniform procedure. This article abatement officer may declare a public nuisance shall be known and may be cited as the for any reason specified in this code. Once a "'Uniform Public Nuisance Abatement. fro- public nuisance is declared, the county abate- cedure." It is enacted pursuant to Government ment officer shall issue a notice and order to Code Section 23845 and is intended to be an abate substantially in the followDigTdrin: alternative procedure for the abatement of any violation of this code which violation is declared to be a public nuisance. (Ord. 8888 § 2). 1 (coat,Cost.Conary s-sa) 6 __ APPEALS 146.412--146.414 "NOTICE AND ORDER TO ABATE waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, +or..waiver, NOTICE IS HEREBY GIVEN that (specify the Clerk of the Beard will-cause the matter to the condition constitutins the nuisance) be set for hearing before the Board of Super- visors upervisors and notify you of the date and location 5 in violation of Season of the Contra of the hearing. Costa County Ordinance Che violation has been declared a public nuisance by the If you have any questions regarding this (county,abatement officer) and must be matter, you may direct them to the county abated immediately. Thr public nuisance is on officer issuing this notice at the address or property located at (insert address or other telephone number lasted below. lepl' roperty description). ISSUANCE DATE: YOU ARE-HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (insert 10 (Name, title, ad cess and telephone number (days)or other reasonable period) of the county abatement officer issuing this consecutive calendar days from the stsuance notice.)" of this order. The issuance date is specified be)ov►. You may abate the nuisance by (insert (Ord. 88-88 §r 2). desired action which. if taken, will adequat- remedy the situation) : ___ . If you 1 to 14.6.412 Service of notice and order to abate the public nuisance within the number of *bate. The notice and order to abate shall be days specified, the county may order its abate- served in the following manner. merit by public employees, primate contractor, (1) By certified mail, addressed to the or other means. The cost of said abatement, if owner at the address shown on the last equalized not paid, may be levied and assessed against the assessment roll or as otherwise known, and property as a special assessment lien and may addressed to •anyone known, to the county be collected at the same time and in the same abatement officer to be in possession of the manner as ordinary county taxes are collected, property at the street address of the property subject to the same penalties, procedures and being abated. Service shall be deemed to have sale in case of delinquency. been completed upon the deposit ofaaaaid aae +e- and order, postage pre paid, in the United YOU MAY APPEAL FROM THIS ORDER States mail-,and OF ABATEMENT, but any ;such appeal must (2) By posting, within one day of the date be brought prior to the expiration-of the num- of mailing, such notice and order to abate con- ber of days specified above for completion of spicuously In front of the property on which, abatement. The appeal must -be in writing; or in front of which, the nuisance exists, or if specify the reasons for the appeal,contain your the property,has no frontage, upon the portion name, ,address and telephone number; be arc- of.the property nearest to a street, highway, or companied by an appeal fee of dollars road, or most likely to gime actual notice to the (S ); and be submitted teerk of owner and any person known by the county theme of Supervisors at the following abatement officer to be in possession of the address. property.(0)rd. 8849 12). Clerk of the Board of Supervisors 14.6.414 Appeal procedm. Any owner or County of Contra Costa other person in possession of the Property may 651 Pine Street, Ist Fluor appeal to the board within the number of days Martinez,CA 94553 allowed in the notice an'd-6rder to abate. The appeal shall be submitted in writing, specify Ohne who is legally .indigent may obtain a the grounds upon which the appeal is taken, 6a {cnrrs c „oo s.st) DEC 5 1989 14-6.416-14-6.418 GENERAL PROVISIONS contain the name, address and telephone num- If the appeal fee is patid and the board finds ber of the appellant, be accompanied by the there is no public nuisance, the appeal fee shall payment of an appeal fee and be filed with the be refunded to the- appellant without the pay- clerk of the board. Upon the filing of a timely ment of any interest which could have accrued. and complete appeal and payment of the appeal (Ord. 88.88 12). fee or submission of an application for a fee _ waiver pursuant to Section 14-6.416, further 14-6.418 Hearing procedure. The hearing abatement action shall be stayed until the appeal before the board shall be conducted in ac- is acted upon. The clerk of the board shall set cordance with the following procedures: the matter for hearing before the board and (1) The appellant shall have these rights: to notify the parties in writing of the date and be--represented by legal counsel; to call and location of the hearing, at least ten days prior examine witnesses; to introduce exhibits;and to to said date. (Ord. 88-88 J 2). cross-examine opposing witnesses through the ch& on any matter relevant to the issues. If 14-6.416 Appeal fee—Determination of the sppelladt does not testify on his or her own amount/waiver of payment/refund. The amount behalf, he or she may be called and examined of the appeal fee shall be determined period- -as if under cross-exarniination ically by the board based upon the costs in- (2) The hearing" need not be conducted ac- curred by the county in processing appeals pur- cording to technical rules relating to evidence suant to this article. The calculation shall and witnesses. Any relevant evidence shall be include all costs of the county abatement admitted if it is the sort of evidence on which officer, the clerk of the board, and any other responsible persons are accustomed to rely in county department which is involved in the the conduct,sof serious affairs, regardless of the processing of appeals, but shall exclude actual existence of any common law or statutory rule costs for any work of abatement. which might wake improper the admission of If the appellant claims an economic hardship such evidence over objection in civil actions. In paying the appeal fee, he or she may submit Hearsay evidence may be used for the purpose an application for waiver of the appeal fee on of supplementing or explaining any direct evi- forms provided by° the clerk of the board for Bence but shall not be sufficient in itself to that purpose. The forms shall be substantially support a finding unless it would be admissible similar to those required of litigants initiating over objection in civil actions. The rule%°of�'_ court proceedings in forma pauperis pursuant to privilege shall be effective to the same extent Section 68511.3 of the Government Code. The that they are now or hereafter may be forms shall be executed under penalty of perjury recognized in civil actions, and irrelevant and and contain a declaration as to the truthful- unduly repetitious evidence may be excluded. new and correctness. of the information con- (3) The hearing shall be conducted in the tained therein.Upon submittal of the completed English language. The proponent of any testi- forms,the appeal fee shall be waived. mony to be offered by a witness who does not Upon filing a timely and complete appeal proficiently speak the English language shall and for good cause shown, the clerk of the 'provide an interpreter,approved by the board aS board may grant the appellant a.period of time proficient in the English language and the beyond expiration of the appeal period in which Language in which the witness will testify, to to complete and submit the waiver forms. In serve as interpreter during the hearing` The no event shall the additional time exceed three cost of the interpreter shall be paid by the work days. party providing the interpreter. The board may Failure to submit the waiver forms or pay the compile and publish a list of interpreters known appeal fee in a timely manner shall cause the to be proficient in various Iangp. es.. appeal'request to•be automatically denied. En- (4) A party may have the hearing steno- forcement of the order to abate may then graphically reported at said party's expense. proceed as if no appeal request had been Oral evidence may be taken under oath if submitted. requested by a party. (costa CMU obmtr s.s4) 6b ` _.. _...................................................................................................................._ C NU ENFORCEMENT 14-6.420---I4-6.430 (5)The bearing may be continued from time to When the cconnty has Completed the 'work of time upon request of a party to tate hearing and abatement,or has paid for such work,the Wesal cost upon a showing of good cause therefor.(Ord. 88.88 thereof,together with any adiu nisnrative asst, shall 12). be charged to the owner of the property. To this amount shall be added the appeal fee if it had been 14-6.420 mon.At the conclusion of the hear= waive pursuant to Section 14-6.416 aad reasonable ing, the board shall reverse, modify or affirm the attorneys' fres if the county has elected, to seek determinations of the county abatement officer and recovery of its attorneys' fres at the initiation of the may direct the county abatement officer to proteid proceedings.The combined amounts shall be includ- and perform the worst of abatement if not performed ed in a bill and sent_by mail to the owner, if not by the owner or the person in possession of the paid prior thereto.IU bill shalt inforrn the owner property within a prescribed period of time; The that failure to pay the bill within fifteen calendar decision aril be in writing,contain Demssatry fend- days from the date of mailing may resuh in a lieu rags,and be filedwith the Clerk of the board follow- upon the property. (Ords. 97.19 12, 8&g8 12; ing the conclusion of the hearing. A campy of the Gov. Code;. 125845(c)). decision shall be stmt to each party appearing at the bearing, and if no appemance was ma& by the 144428 Report and notice of bearing. If the appellant. to him or bet by roil, at the address bill is not paid within fifteen days from the date of specified in the appeal. The decision of the board mailing, the cM—my abatement officer shall render shall be final when filed with the clerk of the board. an itemized report in writing to the clerk of the The county:abatement officer shall be responsible board for submittal to the.board for hearing and for preparing,mailing and filing the decision.(Ord. confirmation: The report WWI include, at a mini- 88-88 $ 2)• muni, the names and addresses of the possessor of the property and all persons having any record inter. 144422 Time for cormplianae.If the board de- est in the property (including but riot limited to, tides that the order to abate should be enforced,the holders of mortgages or deeds of trust). the date owner or person in possession of the property shall upon which the abatement of the nuisance was comply with the order within:such period of time as ordered, the date the abatement was complete, a may be prmscrr'bed, and in the absence of any pre- description of the real property subject to the tire, scribed time, within thirty c ays from the date of and the amount of the abotemew cost. At kaast tar mailing of the final decision.The prea'crUd period days prior to sand hearing, the clerk of 0p btu .... of time shall commence one the date of mailing of shall give notice,by rhe mail,of sok baring the final;decision. (0)rd. 88.8812). to all persons named in the county abatement officer's report Said notice shalt be prepared by the 146.424 I.lmitation of action.Any court action county abatement oM= and shall describe the or proceeding to attack, review. set aside, void or property by assessor's parcel number and met annul the board's decision pursuant to Section 14- number or some other de=ption mffrcieut to en - 6.420 shall use commenced within thirty calendar able identification of the property and contain a days of mailing of the decision.Thereafter all per-, statement of the anmm of the proposed msessrnent. SM are barred from commencing any such action (Ord. W88 2). or proceeding seed from asserting arty defense of invalidity or unreasonableness of arch decision. 1".430 Hawing on rrporL At the time fixed proceeding, act or determination. (OW, 8848 12). for receiving and considering the repose.the board shall,hear it and any objections of any of the owners 1445-426 Noncomplianm Upon the faihirae,ne- liable to be assessed for tote work of abatement or gleet or refursal to property comply with the order any other persons who nay have a kgal hft" in to abate within the prescribed time period.the the property. The board may add to the proposed ty abatement officer may cause to be dome whatever assessment an arx mit et uAl-to the cost of conduct- work is necessary to abate the public nuisance. An ing the assessment confirmation hearing.`Ilse board account of the cost of abatement shall be kept for may also make such other modifications in the each separate assessor's parcel involved in the report as it demes necessary,after which,the board abatement. may order the report confirmed. ne order and RE Ei*-v ED •` modified report shall be filed with the cleric of the # t... SUgERV150RS 14-6.432--14-6.440 GENERAL PROVISIONS s Y board, and as filed shall be final and conclusive. 1"436 Manner of c ollec#vn—Law app#icS, (Orel. 88-88 12). ble.Thereaftr,the amounts of the assessment shall be colkcted at the same time and in the same man- 14-6.432 Cost as special assessment and lien. ner as county taxes are-collecwA and wi'subject to The amounts and the costs of abatement mentioned the same penalties and the same procedure and sale in the report as confirmed shall constitute a special in case of delinquency as provided for ordinary assessment against such property and are a Herr on county taxes.Alllaws applicable to the levy,collect. the property for the amount of the respective assess- tion and enforcement of county taxes are applicable ment. to such assessments,except that if any real property In addition to its rights to impose said special to which such lien would attach has been transferred assessment, the county shall retain the alternative or conveyed to a bona f dt purchaser for value, or light to recover its costs by way of civil action a Beb of a bona fide cnctunbr T=t for value has against the owner and person in possession of con- been mated and attaches thereon prior to the date troI jointly and severally.(Ord. 88-88 12). on which the first instalment of such taxes would become delinquent,then the lien which would other- 14-6.434 Notice of went and abatement wise be imposed shall not attach to such real proper, Ben. The county abatement officer shall record at ty and the cost of abatement and the cost of enfom- the office of the county recorder,and deliver to the ing the abatement as c>nfbmwd. relating to such auditor-controller, a certificate substantially in the 1pvpeny, shall be transferred to the unsecured roll following form: for collection, (Ord. 88-88 12). "NOTICE OF ASSESSMENT AND 146.438 Release and subordination.An abate- ABATEMENT LIEN ment lieu created under this article may be released (Public Nuisance Abatement) or subordinated by the county abatement officer in the same manner as a judgment lien on veal property Pursuant to Government Code Section 25845 and may be released or subordinated.(Ord.88-88 j 2) Ordinance code Article 14-5.4,Contra Costa C.oun- ri abated a public nuisance on the parcel of neat 14-6.4411 Violations.h is unlawful for awry person property described below,of which the named per: to interfere with the performance of the erotica hcse- sgm(s)is the owner of record or possessor.and fixed in specified for the county abatement officer or any the below-shown amount as the cost thereof and sadwriud officer or a mptoyee thereof,at to refuse thereby chdms a special assessment against said ter allow any such officer or employee or approvedpvVe orant. Private contractor, to enter aeon any premises for 1.R�EC�ORD Oor this W (S)= . . . . . . . . . . purpose of abating the public nuisance or to LAST KNOWN ADDRESS:+ . . . . . . . . . . interfere in any mmmer whatever with said office=s 2.POSSESSOR(S) (if different from or employees in the work of owner): . . . . . . . . . . . . . . . . .. . . . ... . . . LAST KNOWN ADDRESS: . . . ... . . . . . . 3. DATE ABATEMENT ORDERED: . . . . . 4. DATE ABATEMENT C{)NffLE ►: . . . . 5.PARCEL.:Real property in Centra Costa County,California:County Assessor's Parcell t 4: . . .. ... . . . lod �pdon�� . .... . . . 6. AMOUNT OF ABAT EM Wr (ASSESS COST' . ... . . . . . . . . . . Dated:. . . . . . Conte Costa County By: . . . . . . . . . . . . . . . . . . . County Abatement Officer" (Ord. 88-88 $ 2). 05mem c"ft c.bmar ro n 6d .......................................................................................... CRIMINAL ENFORCEMENT 14-6.642.....24-8.0018 abatement. Any person violating any of the provi- 14-8.004 Violation—Punishment. (a) Infrac- sions of this chapter shall be deerned guilty of a tions. Except as otherwise provided by statute or misdemeanor unless, in the discretion of the prose- this code, every infraction violation of this cute is cutor, it is charged as an infraction. (Ord. 88-88 punishable; upon conviction ihcreof, by: 2). (1) A fine not exceeding one hundred dollars for a fust violation; Article 14-6.6 (2) A fine not exceeding two hung dollars for Treble Abatement Cart for Repeat a second violation of the same ordinance within one Public Nuisances year (3) A fuze not exceeding five hundred dollar for 14-6.603 Treble abatement costt for repeat each additional violation of the same ordinance public nuisance. in addition to all other remedies within'one year. available under the law, including the penahies (b) Misdemeanors.Except as otherwise provided provided in this code, upon entry of a second or by state law or this code,every iniisdemeanor viola.. subsequent civil or criminal judgment within a two- tion of this code is punishable, upon conviction year period finding that an owner is responsible for thereof, by imprisonment in the county jail for not a condition that may be abated pursuant to Article over six months and/or by a fug of not over 06e 14-6A;the court may order the owner to pay treble thousand dollars. (Orr s. 84-18, 76-51 * 1, 70.35, the casts of the abatement. (Ord. 89-79 ¢ 2; Gov. 1457: prior code § 1200 (part): see Govt. C. § Code, 125845.5). 25132 (b), Vehicle Cade 142001(a),-and Penal Code 19). 14.6.604 Exception.Section 14-6.602 shall not apply to conditions abated pursuant to Health and 14-8.0016 Molatio»- ntibudng. Acts,.omis- Safety Code Section 17980. (Ord. 89-79 § 2: Gov. sions or conditions in violation of this code which Code, § 25845.5). continue,exist or occur on more than one day con- stitute separate violations and offenses on each such Chapter 14-8 day. (Ord. 70-36, prior code § 1200 (part)). 14-8.008 Ird`raction arrest'and citation. (a) CRI'►IINAIL, EI+FORCEN7t' The following officers,or their designated subordi- nates,shall have and are hereby vested with the au- Sections: !hority to arrest any person who violate;the fiolkwt.. 14-8.002 Violation-htfraction. ing provisions of this code punishable as infractions: 14-8.0014 Violation—Punishment. (1) Director of Health Services---Division 413 14-8.006 Violation-Continuing. and Chapter 450.6; 14-9.008 Infraction arrest and citation. (2) Director of Building Inspection—True 7; (3) Director ofConvnunityDevelopment---Title 14.8,.042 Violation--It dlan.Except as oth- 8; erwise provided(and regardless of the avail-ability (4) Director of Public Works--�Divisions 1002, of other civil or administrative remedies and prose- 1010, 1014, 1106 and 1110-, dures for enforcing this code),every act or condition (5) Dimtor of Gwwth Management and Eco- prohibited or declared unlawful by this code, and nomic Development—as provides! by Section 16- every failure or Ovission to act as required herein, 4.011 is a violation of this code and is an infraction. (b) The above-listed officers,or their designated (O rds. 76-51 § 1.7'0.36. 1457: prior rode 12100 subordinates, may issue citations for infraction (part): we Govt`C. § 25132(a)). violations of the above-listed code provisions. (c) The county administrator may by written order issue regulations to provide for administration, prcce res and policy ditte6on for this section. • x dti5u sicss sir s n�gr, x hs C f 17:scar (Ords.96-21 §2,95-36 § 1,90.122 12. $6-80§ 2; nes Maffitmtnt in tick VOVMY Jan at Penal Code $§ 19.7, 835.5, and 853.6). qamiska"for a mhckrmeanW,WX Pt&G U 19:red 19 6e tom tie►oma,i Ina) 4-10.002-4-10.004 GENERAL PROVISIONS g Chapter 14-14 CIVET.PENALTIES _ d - Sections: 1410.002 Violation--Civil.penalties. 1410.004 Civil penalty schedules. 1414.002 Violation—C"penal6m Notwith. standing any contrary provision,any violation of an ordinance code section governing the standing or pai ang of a vehicle is subject only to a civil penalty and civil fees and charges, as provided pursuant to Sections 40200 and 40203.5 of the California Vehi- cle Code. (Ord. 93-82 12). - s 1410.004 Civil peralty schedules,.The board shall establish and modify from time to tint, by - resolution, scbedules of parking penalties for park- ing violations,late payrnent penalties,administrative fees, other related charges, and civil penalties for standing and parking violations, as provided in California Vehicle Code Section 40203.5 or as otherwise'provided by law. (Ord. 93-82 2). DEC 30 CCNTM of COS XGQr�pRS (CMM 00.car 11-%) 6f ............................... ........._