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Home My WebLink AboutMINUTES - 08082006 - SD3 e ,�3 s ';Ap TO: BOARD OF SUPERVISORS Contra FROM: CARLOS BALTODANO DIRECTOR ,v°�4 Costa i srq.._------ BUILDING INSPECTION DEPARTMENT cauK County DATE: August 8, 2006 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 95 Crivello Ave. Bay Point, CA APN: 096-016-001 OWNER: Carolyln Lee I 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 CrivellotAve. , 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 abIte 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. Iflthe 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 APPROVED AS RECOMMENDEp OTXR K ` 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:I BOARD OF SUPERVISORS ON THE DATE SHOWN. ,IN S�SOR GIOVW S ABSENCE, HE RWM13TM CHAIR GIOIA CONTINUE THE HEARING TO AUGUST 15, 2006'a: 10:06-'a.m. ATTESTED JOHN LEN, 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. August 8, 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 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 lode 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,lat any time at which there is not current and valid boarding permit as required by Section 7120-4.412. 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 In 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 Abated 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 Community p o��Cr� Dennis ity Devy,PICP Contra Community Develo ment'Director Development Costa Department - County County Administration Building 651 Pine Street 4th Floor, North Wing Martinez, California 94553-0095 Phone: (925) 335-1210 o.. , 'rTq'COUN"� September 6, 2005 Carol Hendrix 95 Crivello Avenue Bay Point, CA 94565 Re: Request for a determination of a legal duplex and residence on APN 096-016-001 Dear Ms. Hendrix This is in response to your request for a determination on the legality of the duplex and residence on the subject',property. It is my understanding that you wish to remodel the interior of the duplex. Determination: It has been determined that the existing duplex and residence are a legal non- conforming use of the subject site. This determination has been made based on the records from the Assessor's Office showing that the 1006 square foot residence was built in 1930 and the 640 square foot duplex was built in 1947. Building.inspection code enforcement records refer to the residence and duplex. In addition there is a statement from a neighbor dating back to 1946 acknowledging the residence and duplex from personal experience! I .. Approval to expand or alter an existing legal non conforming use requires approval of a Land Use PPrn7i+. This site. however, is within the iIBay Point Redevelopment project area. Maureen O'Shea of the Redevelopment Agency may be able to assist you with your requests Tor upgrades on these icgal non-conforming units. You may contact IMs. O'Shea at 925-335-7237 Should you,have any further questions, ease feel free to contact me at 925-335-1204 X 3 n erely, � nna A en Project Planner DEA/dk cc: ZI05-109420 �f Maureen O'Shea,Redevelopment Agencv r Office Hours Monday - Friday: 8:00 a.m. - 5:00 p.m. Office is closed the 1 st, 3rd & 5th Fridays of each month G- f 2Gr` ,L.=/dam V ill �A u 4+s Or&"..sc r f , le l"f I t �= r- V- I REQUEST TO SPEAK FORM I (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. ,pry ��t ,�t 1 Name; (i (JC- /7Z �`"� J�/ Phone: ` A5; 00 131..l ��'"1/�I City: / C1 Address: � (Address and phone number are optional; pleasy6 note that this card will become a public record kept on file with the Clerk of the Board in associationwith this meeting) I am speaking for myself or o'rganization: CHECK ONE: g I wish to speak on Agenda Item # Date: 1 My comments will be: General ❑ For Against ❑ I wish to speak on the subject of: b I k f E ❑ I do not wish to speak but would like to leave these comments for the Board to consi,!n- J Please see reverse for instructions and important information i f if z �l 1 REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers rostrum before addressing the Board. i Name: �/ �� (_ I Phone: Address: .�Q �� 4_4City: (Address and phone number are optional; please note that this card will become a public record ept on file j with the Clerk of the Board in ass ciation with this meeting) J i I am speaking for myself or organization: la CHE K ONE: IV I wish to speak'on Agenda Item A Date: My comments will be: ❑ General ❑ For ❑ Against 6 ❑ I wish to speak on the subject of: G ❑ I do not wish to speak but would) like to leave these comments for the Board to con Sjl ,r: • I ;I � Please see reverse for instructions and important information I j iI I; i