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Home My WebLink AboutMINUTES - 09182007 - SD.4 TO: BOARD OF SUPERVISORS Contra � =- a FROM: CARLOS BALTODANO, DIRECTOR ==' " " 'x Costa BUILDING INSPECTION DEPARTMENT ��p:,_ -' County DATE: September 18, 2007 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 148 Springside Road, Walnut Creek, CA APN: 175-162-001 OWNER: Barbara V. Denn 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 148 Springside Road, Walnut Creek, CA in Contra Costa County; APN: 175- 162-001; 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 salvaged materials and debris stored in the front, rear and side yards on the above-referenced real property is a public nuisance in violation of Contra Costa County Ordinance Code section 84-12.402,88-4.206. ORDER the property owners to abate the public nuisance by removing the salvaged materials and household debris stored in the front, rear and side yards from the property within 30 days of the mailing of the Board decision. DIRECT the county abatement officer to remove the salvaged materials and household debris stored in the front, rear and side yards from the property, and charge the cost of the work and all administrative cost to the property owners, 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 salvaged materials and household debris stored in the front, rear and side yards from the property is estimated to be $10,000. 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 propert CONTINUED ON ATTACHMENT: / YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER I I (-zd �' VOTE OF SUPERVISORS q C JI 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((O�7N,THREE DATE SHOWN. ATTESTED d2��X/,+"�"`� le, , JOHN MLLEN, CLERK O THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY cc: Building Inspection Department Page 1 of 2 :• Appeal of Abatement Action at: 148 Springside Road, walnut Creek, CA Page Two September 18, 2007 FACTUAL BACKGROUND: The real property located at 148 Springside Road, Walnut Creek, CA in Contra Costa County; APN: 175-162-001 is owned by Barbara V. Denn. The above-referenced property is located in an R-15 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 84-12.402, prohibits uses other than those allowed in an R-15. The Storage of salvaged materials and household debris, is not allowed. The county abatement officer made an initial inspection of the above-referenced property on February 23, 2007. The county abatement officer observed salvaged materials and household debris stored in the front, rear and side yards. Re-inspection of the property on July 6, 2007, showed that the property continued to be in violation of Contra Costa County Ordinance Code section 84-12.402, 88-4.206. 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 July 31, 2007, and posted the above- referenced property on July 31, 2007. The Property owner filed an appeal of Notice and Order to Abate on August 8, 2007. 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 RI+;QUEST TO SPEAK FORM(3 Minute Limit) I wish to speak on Agenda Item#: 5D, Complete this fonn and place it in the upright box near the Date: �-Q t g, Zbo7 speaker's podium, and wait to be called by the Chair. My continents will be: Genes1✓ Personal information is optional. This speaker's card ivill be incorporated into the public record of this meeting. ❑ For Name(PRINT): t*W. D4eYih ❑ Against To ensure your name is announced corT-ectl vv,you may want to include its phonetic spelling ❑ I wish to speak on the subject of: Address: irl � Ae .�� j k2 �twe YY1en+ kea.f I r City: �, �Ylu\ t aet Phone: �`Z q3 0-2q`) -T I aro speaking for: Myself ❑ Organization: ❑ Ido not want to speak but would like to leave comments for the Board to consider (Use the back of this form) Information for Sneakers: In lieu of speaking, i wish to submit these comments: 1. Deposit this form into the upright box next to the speaker's podium before the Board's consideration of iyour item 2. Wait to he called by the chair. Please speak into the microphone at the podium. j3. Begin by stating your name and your city or area of residence,and whether you are speaking for yourself or on belialf of an organization. 4. If you have handout materials,give them to the Clerk. 5. Avoid repeating comments made.by previous speakers. 6. The Chair may limit the time allocated to speakers so that all may be heard. ADDENDUM TO ITEM SD. 4 September 18, 2007 On this day the Board OPENED the hearing on the appeal of the Notice and Order to abate a public nuisance on the real property located at 148 Springside Road, Walnut Creek and RECEIVED and CONSIDERED oral and written testimony and other evidence from the county abatement officer. Tim Honea, Building Inspector,presented the staff report including photographs of the premises. Testimony was given by the property owner/appellant, Barbara Denn: Ms. Denn admitted she has a major problem with the junkyard conditions at her residence of 40 years. She stated she has been working on the problem and has filled several dumpsters at the cost of$2,000. She stated she was recently employed and will have money to continue her efforts to clean up her property. Ms. Denn stated she would be happy with the 30 days she has been given to clean up her yard. Supervisor Uilkema told Ms. Denn she was glad she had decided to clean up her yard and said now is a prime time before the rainy season before vermin and such get in the trash. Supervisor Uilkema said she wanted to make sure it was very clear to Ms. Denn that she had 30 days to get things in order or the County would do it for her. By unanimous vote with District V absent,the Board of Supervisors took the following action: CLOSED the public hearing;FOUND the facts set forth are true; AFFIRMED the County Abatement Officer's determination in the Notice and Order to Abate the public nuisance; ORDERED the property owner to abate the public nuisance within 30 days of the mailing of the Board's decision; DIRECTED the County Abatement Officer to remove the salvaged materials, if the property owner does not comply with the Board's order to abate the public nuisance; and DIRECTED 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. UNITED STATES POSTAL $ERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 ase print your name, address, and ZIP+4 in this box • 0 cn (moi a_<c 0cn + Board of Supervisors f r' LID< Contra Costa County j w 00 651 Pine Street, Room 106 Martinez, CA 94553 w J U A-:TrAl 1 y f��ti�e��sl��s��}�ti�sti��iit�3��t��t4:��s�t�ti��tti�►si�� . . COMPLETE •N COMPLETE THIS SECTIONON ■ Complete items 1, 2, and 3. Also complete A. Si ature 1 item 4 if Restricted Delivery is desired. LI, r ❑ Agent ■ Print your name and address on the reverse X tk� c�= T 4 ❑ Addressee so that we can return the card to you. �ece ed by (P 'nt Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 'f'�„r y or on the front if space permits. X " fj D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No WAI:�v�� Barbara V. Denn - 148 Springside Road LWVYinu� Creek, CA?:_ 94597 I 3. Se c Type ert ied ❑ Up e'ss Mail ❑ RgiW! df❑ �f urn Receipt for Merchandise ❑ insur'e—d' lallj-q;'[0-C.O.D. F4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number []06 0810 000.1 8556 4061 (Transfer from service label) PS Form 381;1 ',Augusi-2001 :i i ` Dombstic Return Receipt . 102595-02-M-1540 � Gi , Clerk of the Board of Supervisors Contra John Cullen Clerk of the Board Costa and County Administration Buildinu County Administrator 651 Pine Street, Room 106. v County (925)335-1900 Martinez, California 94553-4068 1111111 Gioia,District I Gayle 11.11ilkema.District li Mary N,Piepho,District DI Susan A.Bonilla,District IV Federal 1).Glover. District V September 5,2007 Barbara V.Denn 148 Springside Road Walnut Creek,CA 94597 RE: Abated Property: 148 Springside Road,Walnut Creek,CA Dear Ms.Denn, In accordance with Contra Costa County Ordinance Code 14-6.4(Uniform Public Nuisance Abatement Procedure),you are hereby notified that Tuesday,September 18,2007 at 9:30 am,is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above-mentioned property is a public nuisance in violation of the following Contra Costa County ordinance code section(s)-.. 84-12.402 and 88-4.206.. The hearing will be held in the McBrien Administration Building, (comer 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 Callen,County Administrator and Clerk of the Board B Katherine Sinclair,Deputy Clerk Attachment cc: County Counsel Building Inspection zod 7 �cc, fS 61 PN 195— lb,? —oo ► d[�duhonwz.�O'd¢. /�-G, '�i�S U .S. Postal Servicerm CERTIFIED MAILTm RECEIPT ! • No Insurance CoverageProvided) For delivery Informatlon visit our website at www-usps-conis F I 'n E U.M l � U C I � L Ln 1 CO Postage $ r-1 Certified Fee C7 C3 Return Receipt Fee PostmarkHere Endorsement Required 0 Restricted Delivery Fee r1 ' Endorsement Required) CO 4 Total Pc- C3 Sent To - Barbara V. Denn Street,jai 148 Spr ingside Road or Po BoWalnut Creek, CA 94-597 city;stet . ------ • Certified Mail Provides: (asrena�} ZQOZ eunl' 'DOBE mod sd ' ■ A mailing receipt . ■ A unique identifier for your mallpiece . i A record of delivery kept by the Postal Service for two years L` Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mails or Priority Mair. ■ Certified Mail is not available for any class of intemational mail. _ ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Retum Receipt ma be requested to provide proof of . delivery. To obtain Retum Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to covW the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS9 postmark on your Certified Mail receipt Is required. ■ For an additional fee, delivery may be restricted - to the addressee or addressee's authorized a ent. Advise the clerk or mark the mailpiece with the endorsement "Restricted-Delivery° ■ if a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt Is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. ' Internet access to delive information Is not available on mail addressed to APOs and FPOs. 90a P@§M @ - - CFFIC � AL USE U, CD Postage $ i-q C3Certified Fee C Return Receipt Fee Postmark C3 (Endorsement Required) Here G7 Restricted Delivery Fee r-q (Endorsement Required) c -. Total Postaae R.Frame M Saar To . C3 World Savings Bank orPors, P.O. Box 659548 C;ty:"sce San Antonio, Texas 98265-9458 ---- -- - - 'Certified Mail Provides: (esianeij) zooz eunr `POSE UU0J Sd a A mailing receipt s A unique identifier for your mailpiece O A record of delivery kept by the Postal Service for two years important Reminders: in Certified Mail may ONLY be combined with First-Class Maile or Priority Mail& o Certified Mail is not available for any class of intemadonal mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, pfease complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSO postmark on your Certified mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized a ent. Advise the clerk or marts the mailplece with the endorsement "Restricted-Delivery". . a If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt isnot needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present'it when making an inquiry. Internet access to delivery information Is not available on mail addressed to AM and FPOs. BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ABATEMENT APPEAL HEARING NOTICE RE: Name Barbara V. Denn Address 148 Springside Road City Walnut Creek, CA 94597 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 Martinez, California, first class postage fully prepaid, a copy of the hearing notice,on the above entitled matter to the following: Names and Addresses of Parties who received Notice Barbara V. Dern 148 Springside Road Walnut Creek,CA 94597 World Savings Bank P.O. Box 659548 San Antonio, Texas 98265-9458 I declare under penalty of perjury that the foregoing is true and correct, at Martinez, California. Dated: September 6, 2007 Katherine Sinclair, Deputy Clerk R ' G)1NNER:Denn Barbara V. .,. -' NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 NOTICE iS HEREBY GIVEN that junkyard conditions exist on property located at 148 Spring Side Road,Walnut Creek, CA APN: 175-162-001. This condition is a public nuisance in violation of Contra Costa County Ordinance Code sections 88-4.402 and 82-2.006. YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE. You must abate the nuisance by removing the junkyard conditions from the property within Ten 10 days of the issuance date of this Notice and Order to Abate. The issuance date is specified below. If you do not abate the public nuisance, the County will remove the junkyard conditions from the property. The abatement will be by public employees, private contractor or other means. The cost of said abatement, if not paid, may be levied and assessed against the property as a special assessment lien and may be collected at the same time and in the same manner as ordinary county taxes are collected, subject to the same penalties, procedures and sales in case of delinquency. YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any such appeal must be brought prior to the expiration of the number of days specified above for completion of abatement. The appeal must be in writing; specify the reasons for the appeal; contain your name, address and telephone number; be accompanied by an appeal fee of ONE HUNDRED TWENTY FIVE dollars ($125.00); and be submitted to the Clerk of the Board of Supervisors at the following address: *, CLERK OF THE BOARD OF SUPERVISORS,COUNTY OF CONTRA COSTA 651 PINE STREET, 11T FLOOR, MARTINEZ, CA 94553 One who is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, the Clerk of the Board will cause the matter to be set for hearing before the Board of Supervisors and notify you of the date and location of the hearing. If you have any questions regarding this matter, you may direct them to the county officer issuing this notice at the address or telephone number listed below. ISSUANCE DATE: July 30,2007 Tim Honea(925)335-1128 Building Inspector I TWH:mp 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, Contra Costa County Ordinance Code Chapter 14-6.4 Uniform Public Nuisances and Contra Costa County Ordinance Code Chapter 82-2.006 Zoning General Provisions. x 1. I deposited attached document(s) in the United States Post Office in the City of Martinez, certified mail postage prepaid, return receipt requested, to the persons thereinafter set forth and in the form attached hereto. x 2. 1 posted the attached documents on the structure on the property as herein listed as the SITE. 3: I have mailed a copy of the attached documents to the following persons C/O the County Clerk. 4. Hand delivered Denn, Barbara V 148 Springside Road Walnut Creek, CA 94597-3426 SITE: 148 Springside Road, Walnut Creek, CA APN: 175-162-001 Said notices were mailed/posted on July 31, 2007 I declare under penalty of perjury that the foregoing is true and correct. Dated: July 31, 2007 at Martinez, California. -pr—� Mailed by: Michele L. er PCD k Posted by: Tim Honea, Building Inspector I 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 2 copies to the Clerk of the Board regarding the below site address for further handling. The names below should be notified of the hearing: Barbara Denn World Savings Bank 148 Springside Rd. PO Box 659548 Walnut Creek, CA 94597 San Antonio, TX 78265-9548 SITE: 148 Springside Rd. , Walnut Creek CA APN: 175-162-001 Said documents were hand delivered on September 4, 2007. I declare under penalty of perjury that the foregoing is true and correct. Dated: September 4, 2007, at Martinez, California. U• PCD CLERK Kathy Sinclair/COB/CCC To Cindy Stein/BI/CCC, � y 08/15/2007 02:19 PM cc " 4 bcc Subject Upcoming Hearings Hi Cindy, I just want to touch base with you on the 3 upcoming hearings. I will need materials from you as follows: 09/11/07 mtg. T. Edmonia Cost Confirmation Thursday, August 30, 2007 or before if available. 09/18/07 mtg. Barbara Denn Abatement Appeal Thursday, September 6, 2007 or before if available 09/18/07 mtg. Floyd Nicks Abatement Appeal Thursday, September 6, 2007 or. . . If the paperwork is ready a day or two earlyt that helps; but no stress, if it's here by Thursday that's fine. Thanks Cindy. Kathy Sinclair Clerk of the Board of Supervisors 925.335.1902 Y°►'T*�"�*�*'P Kathy Sinclair/COB/CCC To stein Cindy F 08/09/2007 08:44 AM cc r 4 bcc Az&&kAA.AaAAokA Subject Appeal Received Cindy, Yesterday the COB received an appeal from Barbara A. Dern, 148 Springside Road ,Walnut Creek. I never received a copy of the abatement posting. Not receving a posting has been a problem in the past. It's awkward when a person does come in to file an appeal and I know nothing. I have no way of knowing if the appeal is timely or invalid, so you can understand the dilemna If you will find out who the inspector is I will contact to inform of the appeal or you can if you want. Thanks. Kathy Sinclair Clerk of the Board of Supervisors 925.335.1902