The URL can be used to link to this page

Home My WebLink AboutMINUTES - 08172004 - SD.5 TO: BOARD OF SUPERVISORS i Contra F. Costa FROM: CARLOS BALTODANO, DIRECTOR ' '' ' BUILDING INSPECTION DEPARTMENT County � J DATE: August 17, 2004 M SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 2388 Dolan Way, San Pablo, CA APN: 403-240-003 OWNER: Robin A. Manzenko SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: OPEN the hearing on the appeal of the Notice and Order to abate a public nuisance on the real property located at 2388 Dolan Way, San Pablo, CA in Contra Costa County; APN: 403-240-003; RECEIVE and CONSIDER oral and written testimony and other evidence from the County Abatement Officer, the property owner(s) , and other persons; and CLOSE the hearing. FIND that the facts set forth below are true. AFFIRM the County Abatement Officer's determination in the Notice and Order to Abate by finding that the building was substandard and included the following: lack of or improper water closet, kitchen sink, heating facilities, operation of required ventilation equipment, maintenance, flooring or floor supports, members of walls and partitions, wiring, plumbing, hazardous mechanical and hazardous or unsanitary premises. The property also contained junkyard conditions including appliances, household garbage, debris and old furniture. The above-referenced real property is a public nuisance in violation of Contra Costa County Ordinance Code section U.H.C. 1001..1 Section 82--2.002. ORDER the property owner(s) to abate the public nuisance within 30 days of the mailing of the Board's decision by (1) obtain a demolition permit and demolish the substandard building and clean the property; or (2) obtain proper building permits and bring house up to code, electrical, plumbing and mechanical and have proper inspections and permits finaled; or (3) obtain board-up permit, CCC Card. 720-6.406 board up house and disconnect all utilities, remove debris, household garbage, furniture and appliances from the property and fence off property. DIRECT the County Abatement Officer to proceed with abatement by demolition of the substandard building and removal of all appliances, household garbage, debris and old furniture from the property and charge the cost of the work and all administrative cost to the property owner(s) , if the property owner does not comply with the Board's order to abate the public nuisance. DIRECT the County Abatement Officer to send the Board's decision by first class mail to the property owner(s) and to each party appearing at this hearing, and to file the Board' s decision with the Clerk of the Board of Supervisor. FISCAL IMPACT: The Cost of the demolition of the substandard building and removal of all appliances, household garbage, debris and old furniture is estimated to be $20, 000.00. If the County Abatement Officer performs the work of abatement and the property owner(s) does not pay, the actual cost of the work and all administrative cost may be imposed as a lien on the property after notice and a hearing, and may be collected as an assessment against the property. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR J RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON OTHER VOTE OF SUPERVISORS " I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: — AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. , ATTESTED ' £ �� s•. ' <_� >i JOHN S STEN, CLERK OF cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY r " s DEPUTY Pace 1 of 2 TO: BOARD OF SUPERVISORS - Contra FROM: CARLOS BALTODANO, DIRECTOR Costa BUILDING INSPECTION DEPARTMENT County DATE: August 17,2404 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 2388 Dolan Way, San Pablo, CA APN: 443-240403 OWNER: Robin A. Manzenko SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION FACTUAL BACKGROUND: The real property located at 2388 Dolan Way, San Pablo, CA in Contra Costa County; APN:403- 240-003 is owned by Robin A. Manzenko. The above-referenced property is located in an R6 zoning district. Contra Costa County Ordinance Code section Title 8, Chapter 88-4.206 Junkyard Condition "Junkyard" means any property used (whether or not for profit or gain) for (1) the dismantling or wrecking of automobiles or other vehicles or machinery, or (2) the storage or salvage of automobiles or other vehicles or machinery, scrap metal, or other scrap materials, including salvaged building materials. Contra Costa County Ordinance Code section Title 8, Chapter 82-2.006, No land in the unincorporated area of this County shall be used for any purpose not permitted under Divisions 82 and 84, nor shall any building or structure be erected, constructed, altered, moved or maintained contrary to Divisions 82 and 84. Any use of land., building or structure contrary to Divisions 82 and 84 is unlawful and a public nuisance. The County Abatement Officer made an initial inspection of the above-referenced property on December 16, 2003. The County Abatement Officer observed that the building was substandard and included for following: Lack of or improper water closet, kitchen sink, heating facilities, operations of required ventilation equipment, maintenance, flooring or floor supports, members of walls and partitions, wiring, plumbing, hazardous mechanical and hazardous or unsanitary premises. The property also contained junkyard conditions including appliances, household garbage, debris and old furniture. Re-inspection of the property on January 21, 2004 and June 28, 2004, showed that the property continued to be in violation of Contra Costa County Ordinance Code section 82-2.002 and 712- 2.004 . The Notice and Order to Abate was served on the property owners and all known to be in possession of the property by certified mail on June 28, 2004, and posted the above-referenced property on June 28, 2004 . The Property owners filed an appeal of Notice and Order to Abate on July 8, 2004. Notice of this appeal hearing was sent to the property owner by first-class mail on August 5, 2004. Page 2 of 2 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 . . I hand delivered the original Appeal Board Order and 18 copies to the Clem of the Board regarding the below site address for further handling. The names below should be notified of the hearing. Citibank (South Dakota)NA C/O Michael S. Hunt /Janalie Henriques 151 Bernal Road--Suite#8 San Jose, CA 95119 Rabin A. Mazenko 2388 Bolan 'Way San Pablo, CA 94806 Federal National Mortgage Assn. C/O Arm Financial Corp. Post Office Box 85309 San Diego, CA 92186 The Mechanics Bank of Richmond 3220 Blume Drive- Suite #170 Richmond, CA 94808 Jenna Manzenko 4744 Brookside Circle Cordella, CA 94534 SITE: 2388 Dolan Way, San Pablo, CA APN: 403--240-003 Said documents were hand delivered on August 5, 2004 . I declare under penalty of perjury that the foregoing is true and correct. Dated: August 5, 2004, at Martinez, California/. CD CLER ADDENDUM TO ITEM SD.5 August 17, 2004 On this day,the Board of Supervisors opened the HEARING on the appeal of Robin A.Manzenko (Owner)from:the decision of the County Abatement Officer declaring a public nuisance on property located at 2388 Dolan Way, San Pablo. There were no comments from the public. Mike Silva of Building Inspection noted that the affected mortgage company had contacted the County, seeking to bring the property up to code. Staff requested continuing the hearing to September 14,2004. The Board of Supervisors took the following action by a unanimous decision of 4-0,with Supervisor Gioia absent. CONTINUED the Hearing on the appeal of Robin A.Manzenko to September 14, 2004.