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Home My WebLink AboutMINUTES - 08152006 - SD.11 TO: BOARD OFISUPERVISORS FROM: CARLOS BALTODANO, DIRECTOR s, _ C,OSLc1 BUILDING INSPECTION DEPARTMENT "`°J County DATE: August 8, 2006 i 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 land 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 f',orth 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. I' 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 aAaut APPROVED AS RECOMMENDED'✓ OT/ER Li VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE V/ 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. � . DISTRICT V LVED TO CEASE THE PUBLIC HEARING, THERE ATTESTED 'S o`er WERE NO PUBLIC S11MMS. ACCEPT STAFF S JOHN CULLEN, CLEftY, OF RDCUllumATION. THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR I DCPL TY rILERW v )eal of'Abatement Action. at: Crivello Ave., Bay Point, CA. August 8, 2006 Page Two I ' 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-2 zoning district and has a General Plan, designation of Single-Faiily 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,,' business operations 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 wit's.. 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 720L�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 Ordilance. Code section Title 8, Chapter 62-8.004 Repair—Rebuilding, if any building or structure constituting a nonconforming use is destroyed or damaged by `ire, 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 duplexhas been interrupted for more that six months. The county abatement officer made an initial inspection of the above-referenced property or. 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 c6n7:.inued to be in violation of Contra Costa County Ordinance Code section 720-4.610,82-8.004. i 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 'nearing was !sent to the property owner by the Cleric'-of .the Board - see Clerk of the Board's mailingconfirmation. i I I i f I I } i TO: BOARD OF SUPERVISORS FROM: CARLOS BALTODANO, DIRECTOR Biro„ ` ` k ,OSta BUILDING INSPECTION DEPARTMENT County DATE: August 8, 2006 I i SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 95 Crivello Ave. Bay Point, CA APN: 096-016-001 OWNER: Carolyn Lee. i SPECIFIC REQUEST(S) IOR RECOMMENDATION(S) 9 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 iforth.below are true. AFFIRM the county abatement officer's determination in the Notice and Order Lc 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, dict not resume its use within tiie 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 duple: 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. i FISCAL IMPACT: The Cost of the removing the waste, rubbish, debris and duplex structure from the property is estimated to be $15,000100. 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: RECOMMENDATIONi OF COUNTY ADMINISTRATOR RECOMMENDATION( OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OT/ER i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE V/ 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. G DISTRICT V MOVED To CLOSE' THE PUBLIC HEARING, THERE SUED 15, p[JVrn SO WERE NO PUBLIC SPEAKERS. 'ACCEPT STAFF'S JOHN VLLEN, CLERK OF REMVENDATION. THE BOARD OF SUPERVISORS . AND COUNTY ADMINISTRATOF. J� bCPLLTY