HomeMy WebLinkAboutMINUTES - 07252006 - SD.6 ro),
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TO: BOARD OF SUPERVISORS --- Contra
FROM: CARLOS BALTODANO, DIRECTOR asTq•��
Costa
BUILDING INSPECTION DEPARTMENT County
DATE: July 25, 2006
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
SITE: 95 Crivello Ave. Bay Point, CA
APN: 096-016-001
OWNER: Carolyn Lee
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 95 Crivello Ave. , Bay Point, CA in Contra Costa County; APN: 096-016-001
RECEIVE and CONSIDER oral and written 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 following violations that exist on the above-referenced real property are
a public nuisance in violation of Contra Costa County Ordinance Code section 720-4.610,
82-8.004: a vacant, boarded up structure (duplex at rear of property) previously secured
by property owner- was not repaired within the 180 days span of the permit and is no longer
secured; the interior and exterior contains waste, rubbish and debris; the structure, once
determined a Legal Non-Conforming Use by the Community Development Department, did not .
resume its use within the required six-month period.
ORDER the property owner to abate the public nuisance ,by removing the waste, rubbish, debris
and duplex structure from the property within 30 days of the mailing of the Board decision.
DIRECT the county abatement officer to remove the waste, rubbish, debris and duplex structure
from the property, and charge the cost of the work and all administrative cost to the
property owner, 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 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 removing the waste, rubbish, debris and duplex structure from the property is
estimated to be $15, 000.00. If the county abatement officer performs the work of abatement
and the property owner 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
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APP RO AS RECOMMENDED
OTHER ,
VOTE OF SUPERVISORS
I HEREBY RTIFY THAT THIS IS A TRUE
UNANIMOUS ABSENT AND CT COPY OF AN ACTION TAKEN
AYES: NOES: ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JOHN CULLEN, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
cc: Building Inspection Department
Community Development Department
Dennis Barry, Director, Community Development
Page 1 of 2
Appeal of Abatement Action at:
95 Crivello Ave. , Bay Point, CA.
July 25, 2006
Page Two
FACTUAL BACKGROUND:
The real property located at 95 Crivello Ave. , Bay Point, CA in Contra Costa County; APN:
096-016-001 is owned by Carolyn Lee.
The above-referenced property is located in a P-1 zoning district and has a General Plan
designation of Single-Family Residential (high-density) .
Contra Costa County Ordinance Code section Title 7, Chapter 720-4 Regulation of Vacant
Structures. Vacant structures means any building, dwelling or other structure: (1) that is
lacking habitual presence of persons who have a legal right to be on the premises or at which
substantially all lawful businessoperations or residential occupancy has ceased; and (2)
whose doors, windows or. other openings are broken or missing, so as to allow uncontrolled
access to the interior or exposure to the elements.
Contra Costa County Ordinance Code section Title 7, Chapter 720-4.404, requires that the
owner not allow any vacant structure; (a) that is not secured by boarding in compliance with
Section 720-4.406, (b) whose interior contains any waste, rubbish or debris, (c) whose
premises contain any waste, debris or excess vegetation, (d) whose doors, windows or other
openings are secured by boarding in compliance with Section 720-4,406 or by any other method
permitted by Section 720-4.406,at any time at which there is not current and valid boarding
permit as required by Section 720-4.412 .
Contra Costa County Ordinance Code section Title 8, Chapter 82-8.004 Repair- Rebuilding, if
any building or structure constituting a nonconforming use is destroyed or damaged by fire,
explosion, act of God or the public enemy, or other accident or catastrophe, after the
effective date of Division 82 and 84, or if an existing use of land is temporarily terminated
for any of these :reasons, the building or structure may not be repaired or rebuilt if damaged
in excess of fifty percent of it's reasonable market value at the time of destruction or
damage. Any nonconforming use of land which is interrupted by any of these causes may
lawfully be resumed within six months of the interruption. As discussed above, use of the
duplex has been interrupted for more that six months.
The county abatement officer made an initial inspection of the above-referenced property on
April 21, 2006. The county abatement officer observed waste, rubbish and debris in the yard,
broken fencing around structure and the front door to the left unit open.
Re-inspection of the property on May 31, 2006, showed that the property continued to be in
violation of Contra Costa County Ordinance Code section 720-4.610, 82-8.004.
The Notice and Order to Abate was served on the property owner and all known to be in
possession of the property by certified mail on June 8, 2006, and posted the above-referenced
property on June 8, 2006.
The Property owner filed an appeal of Notice and Order to Abate on June 27, 2006. Notice of
this appeal hearing was sent to the property owner by the Clerk of the Board - see Clerk of
the Board's mailing confirmation.
Page 2 of 2
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
SD.6 July 25, 2006
Adopted this Order on July 25, 2006 by the following vote:
AYES: Supervisors Gioia, Piepho,DeSaulnier, Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
CONTINUED HEARING to August 8, 2006 at 9:30 a.m. on the appeal of the notice and order to
abate a public nuisance on the real property located at 95 Crivello Avenue, Pittsburg area. (Tyrone
Ridgle, Building lnspeciion Department) (Carolyn Lee, Owner) (District V)
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED 25 Z
An Cull7j Clerk of the Board of Supervisors
Oa Coun Administrator
By Deputy
Clerk of the Board of Supervisors Contra John Cullen
Clerk of the Board
County Administration Building Costa and
County Administrator
651 Pine Street,Room 106 (925)335-1900
Martinez,California 94553-4068 County
John Gioia,District 1
Gayle B.Uilkema,District Il
Mary N.Piepho,District III
Mark DeSaulnier,District IV $ YIIffaRi.. S
Federal D.Glover, District V ,
srq'coil"`�
July 13, 2006
Carolyn Lee
3700 Brant Way
Antioch, CA 94509
RE: Abated Property: 95 Crivello Ave.,Bay Point,CA
Dear Ms Lee:
.In accordance with Contra Costa County Ordinance Code 14-6.4 (public nuisance), you are hereby notified that
Tuesday,July 25,2006 at 9:30 am,is the date and time set for the hearing of your appeal from the decision of
the County Abatement Officer. The hearing will be held in the McBrien Administration Building, (corner of Pine
and Escobar Streets)Board of Supervisor's Chambers,Room 107, 651 Pine Street,Martinez,California.
The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code
Section 14-6.4. 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 Cullen,County Administrator
and Clerk of the Board
BYJCP��
Katherine Sinclair,Deputy Clerk
Attachment
cc: County Counsel
Building Inspection
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 16
copies to the Clerk of the Board regarding the below site address
for further handling. The names below should be notified of the
hearing:
Carolyn Lee
3700 Brant Way
Antioch, CA 94509
First Horizon Home Loan Corp.
1555 W. Walnut Hill Lane #200 MC 6712
Irving, Tx 75038
SITE: 95 Crivello Ave. , Bay Point, CA
APN: 096-016-001
Said documents were hand delivered on July 13 , 2006 .
I declare under penalty of perjury that the foregoing is true and
correct .
Dated: July 13 , 2006, at Martinez, California.
PCD CLERK
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF:
In accordance with Contra Costa County Ordinance Code 14-6.4 (public nuisance), you are
hereby notified.that Tuesday, July 25, 2006 at 9:30 am, is the date and time set for the hearing of
your appeal from the decision of the County Abatement Officer. The hearing will be held in the
McBrien Administration Building, (corner of Pine and Escobar Streets) Board of Supervisor's
Chambers, Room 107, 651 Pine Street, Martinez, California.
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 Certified Mail with Contra
Costa County Central Service for mailing by the United States Postal Service in Alartinez,
California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled
matter to the following:
Carolyn Lee
3700 Brant Way
Antioch, CA 94509
First Horizon Home Loan orp.
1555 W. Walnut Hill Lane, #200
MC 6712
Irving, Texas 75038
I declare under penalty of perjury that the foregoing is true and correct, at Martinez,
California.
Dated: Jul 13, 2006
s
ri
r —
• • , Katherine Sinclair, Deputy Clerk
3
3
Postage $
CertlriedFee
SaturnReceipt Fee Postmark
(End rsement Required) Here
Restricted Delivery Fee
I (Endorsement Required)
i
Total Postage F
Sent To
Carolyn Lee
3 700 Brant Way
Street,Apt No.;
or PO Box No. Antioch, CA 94509
------------------
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DATE: June 29, 2006
TO: Building inspection
Attn: Pam Christian
FROM: Kathy Sinclair
Deputy Clerk
SUBJECT: ABATEMENT HEARING: CAROLYN LEE
This office is in receipt of the attached Appeal and Waiver of Filing Fee from Carolyn Lee.
Based on the decision of the County Abatement Officer declaring as a public nuisance in
violation of Contra Costa County Ordinance Code section 720-4.610. Located on property at 95
Crivello Avenue, Bay Point, CA,
The Board of Supervisors has scheduled this appeal hearing on Tuesday, July 25, 2006 at 9:30
am. in the Board Chambers.
Please notify this office in writing whether the Board of Supervisors should hear this appeal on
the calendared date. If the appeal is timely and should be heard, please include the names,
addresses and :yip codes of all parties to be notified in addition to the Appellant.
If the appeal is to be heard on July 25, 2006 as scheduled,please submit the appropriate material
for Board consideration to this office not later than Thursday, July 13, 2006.
Thank you,
Attachment-Appeal
Cc: County Counsel
a-
e7�&/��Z
7�7
RECEIVED
JUN,2 7 2006
• IaEPM. AD OF SUPERVISOR`
C;wyltipCOSTACO.
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. 58511. 3)
Following acknowledgement that I have read the conditions noted
above and believe I satisfy one or more of the conditions, I am
therefore requesting the Clerk of the Board to waive the filing
fee of $125 for appealing the decision of the County Abatement
Officer asstatedin the Order to Abate a Public Nuisance dated
1 1 /e- "
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.
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