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Home My WebLink AboutMINUTES - 08052003 - SD.4 TO: BOARD OF SUPERVISORS '' Contra 4 Costa FROM: CARLOS BALTODANO INSPECTION ; County DIRECTOR, BUILDING S DATE: August 5, 2003 SUBJECT: APPEAL OF ABATEMENT ACTION AT: 778 Port Chicago Hwy, Bay Point, CA 94585 APN: 098-030-032 OWNER: Michael Amell 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 after 30 days from the date of the mailing of the decision. FISCAL. IMPACT $5,000, if the county does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS On August 6, 2001, the Building Inspection Department received a complaint regarding junkyard conditions at 778 Port Chicago Hwy, Bay Point. On August 16, 2001, a site inspection was conducted and revealed the following conditions: two improperly stored travel trailers, numerous stored non-operational vehicles,an occupied mobile home, building materials, plumbing materials, appliances, automotive parts and debris throughout the property. On November 13, 2001, a Notice to Comply was sent. On April 9, 2003, a site inspection showed no progress. On April 29, 2003, a site inspection revealed a mobile home was dumping raw sewage. The property owner is in violation of the following County ordinances: Title 8, Chapter 82-2.002 (Adoption of the zoning ordinance) Title 8, Chapter 82-2.006 (Junkyard conditions) Title 8. Chapter 82-2.006 (Land use enforcement) Title 8, Chapter 84-52.402 (Uses permitted for zoning of an R-B lot) Title 8: Chapter 84-68.1402 (Occupied Mobile Home) Title 8, Chatter 84-68.1404 (Improper storage of travel trailers) Title 8, Chapter 84-68.14014 (Improper storage of mobile home) The property owner has been notified of the violations through written correspondence and certified snail. As of this date, compliance has not been gained. On June 10, 2003, the Building Inspection Department declared the property a public nuisance and posted a Notice Order to Abate under Title 1, Chapter 1,4-P. This appeal is beig made under the provisions of this title. '` CONTINUED ON ATTACHMENT: SIGNATURE "' J RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Mt 7M APPROVED AS RECOMMENDED X OTHER X VOTE OF SUPERVISORS 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: t 5, 3 � cc:Clerk of the Board Jahn Sweeten,Clerk of the Board of Supervisors And County Administrator BY ' r DEPUTY t� ADDENDUM TO ITEM SD.8 August 5, 2003 The Board of Supervisors considered the appeal by Michael Amell from the decision of the County Abatement Officer declaring a public nuisance on property located at 778 Port Chicago Highway,Bay Point. Fred Wright,Building Inspection Department,presented the staff report and recommendations. The Chair opened the public hearing. The following person presented testimony: Michael Amell, 778 Port Chicago Hwy, Bay Point. The Chair then closed the public hearing. Supervisor Glover moved to approve the staff s recommendations. Supervisor Greenberg second the motion. The Board took the following action: ■ CLOSED the public hearing; ■ DENIED the appeal of Micheal Amell from the decision of the County Abatement Officer declaring a public nuisance on property located at 778 Port Chicago Hwy, Bay Point; • AFFIRMED the determinations of the County Abatement Officer • DIRECTED the County Abatement Officer to proceed and perform the work of abatement after 30 days if the owner is not in compliance. 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 Ordinance Code Chapter 14--6 . 4 Uniform Public Nuisances . 1 . I 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 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. Michael D. Amell 91.2 Tyler St. Port-Townsend, WA 98368 Michael D. Amell 778 Port Chicago Highway Bay Point, CA 94565 SITE: 778 Port Chicago Highway, Bay Point, CA APN: 098-030-032 Said notices were mailed/posted on July 17, 2003 . I declare under penalty of perjury that the foregoing is true and correct. Dated: July 17 , 2003 , at Martinez, California. ism f /i ..,_... ........ ... .. .......,.._..... PCD CLERK CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo LATE: August 6,2003 TO: Carlos Baltodano,Director Building Inspection Department For Building Inspector: Fred Wright,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 Casts Enclosed is a copy of completed Board Order No.SD-4-from Item on Agenda AIS ust 5, 20MO-1 Oto be mailed by the Building Inspection Department to: Date o€Board Hearing All the necessary parties (see the Peru. 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:\co&ftng.nwm BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) } Michael D. AM011 ) 778 Part Chicago Hwy. ) Bay Point, CA 94565 ) 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 August 8, 2003 , in the above matter to the following: Michael D. Amell 912 Tyler St. Port-Townsend, WA 98368 Michael D. Amell 778 Port Chicago Highway Bay Point, CA 94565 SITE: 778 Port Chicago Highway, Bay Point, CA APN: 098030-032 I declare under penalty of perjury that the foregoing is true and correct . Dated: August 8 . 200x, at Martinez, California PCD CLERK x .f,/,v'o {•,� A �; iF1'y� x"'71 •+�.."""y� +?ten fJ�f�IPlJra `"t"; - o.. rr .. rwwrONOWAN M , [i Er "ew C3 C3 E:3 � U 7— M xC3 v W °° - � r.-.n®..u...,,.. .,...rh..� '�,.' �...y.«i......or fit. ` mw A4 C3 J y 1 co (j 0 C14 { C Ch W O � � U-) Ln C6 C? L1. ° C ' ° mu co e• ........ ......... ........ co 00 w CL Z37 N tv D, yGN ar C7tc 1�J fia to �O CL 0 t1 rt rn tZ m t° �a CJ z EM ` . � Ir Er000 Y Ll p uO ' Q D 2>1 q. th w q�, An �s � g y;b S +trh ...,.-�e.+.� !7► r. .0 rhe BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, } CALIFORNIA } AFFIDAVIT OF MAILING s } IN THE MATTER OF } E } Abatement Appeal of ) Michael Amell ) 779 Port Chicago Hwy ) Bay Point, Ca ) } 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 Contra Costa County Central Services for Certified mailing in the U.S. Postal Service, a copy of the hearing notice, in the above matter to the following: Michael Amell 2173 El Seco Way Pittsburg, Ca 94565 I declare under penalty of perjury that the foregoing is true and correct.,Martinez, CA. Date: July 23, 2003 Danielle Kelly,Deputy Clerk o-!' � �CSi8Ge i S r81A'Ified,Fse � Pos:.-:aric fat rn?aceip?=ee ' ere ;F^corsema.^.?Req red) i t7esircYad'etive!yFee i (Er.dcreement C3 r ______—� sent Michael Amell C3scree; ------------ r' 'o 2773 El Seco Way ------------ Pittsburg, CA 94565 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING 11N THE MATTER OF } Abatement Appeal of } Michael Amell } 779 Port Chicago Hwy ) Bay Point, Ca } 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 Contra Costa County Central Services for mailing in the U.S. Postal Service, a copy of the hearing notice, in the above matter to the following: Michael Amell 2173 El Seco Way Pittsburg, Ca 94565 I declare under penalty of perjury that the foregoing is true and correct., Martinez, CA. Date: July 23, 2003 ,- - ; Danielle Kelly,Deputy Clerk {: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) Michael Amell ) 778 Port Chicago Highway ) Bay Point, Ca ) APN#098-030432 ) 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 Certified mailing in the United States Postal Service, a copy of the hearing notice, and the code section in the above matter to the following: Michael D. Amell 912 Tyler Street Port-Townsend, WA 98368 Michael D. Amell 778 Port Chicago Highway Bay Point, Ca 94565 I declare under penalty of perjury that the foregoing is true and correct., Martinez, CA. Danielle Felly,Deputy Clerk s� t Cr csi�gz 5 519; ego �____.__ ,end�rsars.:na�ui;s:4;,:. (Er, crssmb,^.4 Re uirec) i C3 r- TMM;demi®::a z c,:.vr <'•- . CM f Michael D.Amell � C ---------------= r- 778 Port Chicago Highway BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTE.OF } } Michael Amell ) 778 Port Chicago Highway } Bay Point, Ca ) APN#498-030-032 ) } I declare under penalty of per ury 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, a copy of the hearing notice, and the code section in the above matter to the following: Michael D. Amell 912 Tyler Street Port-Townsend,WA 98368 Michael D. Amell 778 Port Chicago Highway Bay Point, Ca 94565 I declare under penalty of perjury that the foregoing is true and correct., Martinez, CA. Date: July 2003 d f, Danielle Kelly,Deputy Clerk The Board of Supervisors ' Contra .conn sweeten Clerk of the Board CostaCountyCounty Administration Building county Administrator 651 Pirie Street,Room 106 County (325)335-1080 Martinez,California 945534068 John Giola,District I Gayle B.Ullkems,District II Millie Greenberg,District III ' Mark DeSaulnler,District IV i Federal D.Glover, District V July 22, 2003 Michael Amell 2173 El Seco Way Pittsburg, Ca 94565 Re: Abatement appeal of 778 Port Chicago Hwy,Bay Point A PN#0198-030-032 In accordance with Contra Costa County Ordinance Cade Article 14-6.4(Uniform Public Nuisance Abatement Procedure), you are hereby notified that August 5, 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. Junkyard Conditions: Adoption of the Zoning Ordinance 82-2.002,Land Use Violation CCC Ord. 82-2.4036,Uses Permitted in R B CCC Ord. 84-52.402; Occupied Mobile Nome in a R-B and Improper Land Use: Adoption of the Zoning Ordinance 82-2.002,Land Use Enforcement CCC ford. 82-2.005,Inhabited Mobile Home CCC Ord. 84-68.1402; Improper Storage of Two-Travel Trailer and Mobile Dome: Adoption of the Zoning Ordinance CCC Ord. 82-2.002,CCC Ord. 84-68.1404. The violations are on property located at 778 Port Chicago.Hwy,.Bay Point. 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, Sohn Sweeten,County Administrator and Clerk of the Board $y V "� n n Danielle Kelly,Deputy Clerk attachment cc:County Counsel Building Inspection DATE: June 30,2003 TO: Carlos Baltodano,Director Building Inspection Department Attn: Fred Wright,Building Inspector I FROM: Danielle Kelly,Deputy Clerk Clerk of the Board of Supervisors X SUBJECT: Michael Amell,778 Fort Chicago Hwy,Bay Point APN #098-030-032 This office is in receipt of Request for Waiver of the$125.00 and a letter to appeal(see attached copy)the above entitled matter, from the decision of the County Abatement Officer declaring as a public nuisance that junkyard conditions, improper land use and improper storage of two travel trailer exist at the property and are in violation of the C.C.C. Ordinance codes listed on the attached Notice and Order to Abate dated on June 10, 2003. The Board of Supervisors has scheduled this appeal for hearing on August 5,2003 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 23,2003. ♦ 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 August 5,2003 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 OWNER: Mleheef Amell NOTICE AND ORDER TO ABATE. C.C.C. ORDINANCE CODE 14-6.410 `: _. NOTICE IS HEREBY GIVEN thatunkyard condit[ons, improper land use and improver stogy f two travel trailer exist a#the pro¢erty and are in violation of: 1. Junkyard Conditions: Adoption of the Zoning Ordinance 82-2.002 — Land Use violation CCC Card. 82-2.006 Uses Permitted In R-B CCC Ord. 84-52.402 2. Occupied Mobile Home In a R-B and improper Land use: Adoption of the Zoning Ordinance 82-2.002.1-and use enforcement. CCC Ord. 82-2.006 Inhabited Mobile Home. CCC Ord. 84-68.1402 3. Improper Storage of two-travels trailer and Mobile Home: Adoption of the Zoning Ordinance CCC Ord. 82-2.002 CCC Ord .84-68.1404 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: 778 Port Chica_ao HHwy. Bay Point APN # 098-030-032 Owner: Michael Amell YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ten f10 consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by 1. Remove and dispose of all debris including but not limited to, non-operational vehicles, stored machinery, scrap metal, and other stored materials, cardboard, garbage, furniture, automotive parts, building materials, and appliances from the property or obtain land use permit for storage yard and screen property with a solid wall fence no more than 6' in height In accordance with CCC Ord. 84-52.404 2. Remove and dispose of the occupied mobile home from property. 3. Remove one of the two-travel trailers from property and adequately screen the remaining travel trailer from view from roadway or thoroughfare. 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 ($125.001; 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, 19r 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. ISS AI CE DATE: June 10 2003 Fr4d Wrlght{ 5) 427-8843 BUILDING INSPECTOR I FTW: ptc uniform.revW1199 � � _�_ ..�._.�__.._��...__._r-.-_ �-�--�--=.........�.__ t � .� ,�'�` ,- .w __. .; �� E . �� , � �� ,��,,� � , � � �' �w_ r „� . . � �-_ �� REWEST 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) ; A 3 . f Appellant has a monthlyincome of $125% or less of the current monthlyoert 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 Vii' ' G.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 Ofyi er 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 d e,Ht(s) in. support of this request, is true Ano correct* (signature df-Appellant) on !da ) f at r� r i CsCr a (C ty tate) .......... .� � ,rip ��' F ,,.r,r++"'r.✓"ls VEROCAA TTtC�►N I, declare: I am c ��c, I have Zadthe �f-Ke, �6i71' om Contra Costa County's and know the contents thereof and the same is true of my awn knowledge except for matters therein stated on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. day of ` ' Executed this , E -- in California. { (signature