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Home My WebLink AboutMINUTES - 08172004 - SD4 i TO: BOARD OF SUPERVISORSont a �- �- + ash FROM: CARL.OS BALTODANO, DIRECTOR BUILDING INSPECTION DEPARTMENT County DATE: August 17, 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 6111 Klrker Pass Road APN: 075-080-019 OWNER: Alfred A. Afflriito SPECIFIC REOUEST(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 5 111 Kirker Pass Road, Pittsburg, CA in Contra Costa County;APN: 075-080-019, RECEIVE and CONSIDER oral and wri ton testimony and other evidence from the County Abatement Officer,the property owner, 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 grading that ias taken place at the above referenced real property is a public nuisance and a violation of the Contra Costa County Ordina ice Code Sections 716-2.602,716-2.604, 716-2.606,716-2.610. ORDER the property owner to abate the public nuisance and grading violation by obtaining a grading permit and restorin the land to its natural state or obtaining a grading permit and bringing the work done Into compliance within 30 days of the ma ling of the Board decision. DIRECT the County Abatement Officer to hire an engineer and contractor(s)to perform the required work, if the prop grty owner does not comply with the Board's order to abate the public nuisance and grading violation(s). DIRECT the County Abatement Officer to send the Board's decision by first class mail to the property owner 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 necessary engineering and restoration of the land to its natural state is estimated to be$100,000. If the County Abatement Officer performs the work of abatement and the property owner does not pay,the actual cost of the v fork and all administrative costs may be Imposed as a lien on the property after notice and a hearing,and may be collected a1 an assessment against the property. CONTINUED ON ATTACHMENT: �/ YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S)- ACTION OF BOARD ON1. Ff `" :`> 1 APPROVED AS RECOMMENDED 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. i ATTESTED 011,14"' I JOHN SWEETEN,,' LERK 6F cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY yam. `? . ., F;f€.`a . DE UTY Page 1 of 2 TO: BOARD OF SUPERVISORS CoI1t a FROM: CARLOS BALTODANO, DIRECTOR Costa.ty BUILDING INSPECTION DEPARTMENT COQ n DATE: August 17, 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: APN: 075-080-019 OWNER: Alfred A. Affinito SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATIO FACTUAL BACKGROUND: The real property located at 6111 Kirker Pass Road,Pittsburg,CA in Contra Costa County;APN:075-080-019 is owned by 41fred A. Affinito. i 1 The above-referenced property is located in an A-2 zoning district. Contra Costa County Ordinance Code Section Title 7, Chapter 716-2.602 Prohibited Action-Work without permit. No person shall perform any work within the scope of this division without first having obtained a permit from the Building Inspection Department pursuant to this division. The property owner had several earth cuts and fills made on his property that requi es a permit under the scope of this division. Contra Costa County Ordinance Code Section Title 7, Chapter 716-2.604 Prohibited Action-Grading. No person shall g ade, whether or not a permit is required therefore under this division,so that dirt,soil,rock,debris,or other material washed,Brod d,or moved from the property by natural or artificial means on a public road or street. Any such matter deposited within the right-or-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately, and failt ire to do so on notice from the County,authorizes the County to have the matter removed at the expense of the responsible party arid/or permit holder. The property owner created vast areas of unprotected bare soil that,during times of rainy weather,will erods and be deposited onto a public road or into the waters of the State. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.606 Prohibited Action-Water obstruction. No person shall obstruct, impede or interfere with the natural flow of storm waters,whether unconfined upon the surface of the land,within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits,except for construction operations permitted by the County. The property owner had a natural drainage area the t is a tributary of Kirker Creek,filled in so that no runoff can reach the creek. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.610 Prohibited Action-Construction in public rights-o#way. No person shall perform any work or construct any facility(including excavation or embankment,trenching,driveway constr ion, or drainage facility)within the right-of-way of a public road or street,or within an easement under the jurisdiction of this Cc unty, without a permit from the County agency having jurisdiction. The property owner created a private road on his propertyr that intersects a public road without any approvals from any County agencies. The County Abatement Officer made an initial inspection of the above-referenced property on January 12, 2004. The County Abatement Officer observed from the street that extensive grading operations had taken place that included work within the public right-of-way and in a natural drainage course. On February 26,2004 a Stop Work was issued for Grading without a permit. Re-inspection of the property on March 23,2004,showed that more grading had been done and that the property continued to be in violation of Contra Costa County Ordinance Code Section 716-2.602, 716-2.604, 716-2.606,and 716-2.610. On April 6,2004 a Notice To Comply was issued for Grading without a permit. The Notice and Order to Abate was served on the property owner and all known to be in possession of the property by ce tified mail on June 8,2004, and posted the above-referenced property on June 8,2004. The Property owners filed an appeal of Notice and Order to Abate on June 30,2004.Notice of this appeal hearing was sent;to the property owner by first-class mail on August 5,2004. i I I Page 2 of 2 ADDENDUM TO ITEM SDA August 17, 2004 i On this day,the Board of Supervisors opened the HEARING on the appeal of Alfred A.Affinito(Owner) from the decision of the County Abatement Officer declaring a public nuisance on property located at ! 6111 Kicker Pass Road,Pittsburg. � There were no comments from the public. Greg Staffelbach of the Building Inspection Department noted that Mr. Affinito has agreed to make an effort to come into compliance. Staff asked for a continuance of the Hearing to September 28,2004, at 9:30 a.m. The Board of Supervisors took the following action by a unanimous decision of 4-0,with Supervisor 3 Gioia absent: f CONTINUED the Hearing on the appeal of Alfred A.Affinito to September 28, 2004, at 9:30 a.m. i I l 3 i i i