HomeMy WebLinkAboutMINUTES - 09182007 - SD.5 TO: BOARD OF SUPERVISORS .. f ,
Contra
FROM: CARLOS BALTODANO, DIRECTOR - � Costa
BUILDING INSPECTION DEPARTMENT _ County
DATE: September 18, 2007
S D.
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
SITE: 521 Market St., Richmond, CA
APN: 409-271-011
OWNER: Floyd Nicks & Louise Ellis
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 521 Market St., Richmond, CA in Contra Costa County;
APN: 409-271-011; RECEIVE and CONSIDER oral and written testimony and other evidence
from the county abatement officer, the property owners, 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 there exists;
A. Inadequate foundation-broken concrete foundation, building below finish
grade
B. Defective flooring and supports, floor joist over spanned, rotted and
improperly supported
C. Dilapidation due to improper maintenance, lower 12 " of vertical framing
members rotted around building, dry rot of almost all exposed wood.
D. Vertical supports buckling due to deterioration or defective materials,
numerous bearing walls damaged by alteration, over span stud placement.
Under floor beams and girders not supported properly.
E. Ceiling and roof members sagging due to deterioration or defective
materials-roof structure throughout building has several over spanned areas,
front parapet leaning back into building lacks adequate support. Rafters and
rafter tails appear rotted from continuous water damage.
F. Hazardous plumbing-incorrect plumbing materials used, leaking plumbing
throughout the building, incorrect clearances to plumbing fixtures.
G. Hazardous electrical- open and or damaged electrical boxes and fixtures.
Over loaded branch circuits, improper installation of electrical conduit and
protection of wiring throughout building.
H. Inadequate egress-lack of required signage, keyed locks on both sides of
egress doors prohibited. Hazardous ramps and landings, diminished path of
egress within building to exits.
I. Inadequate light and ventilation- windows and doors have been covered and
are not operational.
J. Faulty weather protection-roofing system inadequate, rot of siding and wood
windows throughout exterior of building
K. Improper occupancy-lhr fire separation wall required between R occupancy and
M-/B occupancy. %
CONTINUED ON ATTACHMENT: / YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON LS, 2_007 APPROVED AS RECOMMENDEDV-
OTFAR
VOTE OF SUPERVISORS
J 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.
ATTESTED �. Vv`-'� tB1 2-ai`r 1
JOHN tULLEN, CLERK OF
THE BOARD OF SUPERVISORS
AflD COUNTY ADMINISTRATOR
CC: Building Inspection Dept.
BY DEPUTY
Page 1 of 3
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Appeal of Abatement Action at: 521 Market St., Richmond
Page Two
September 18, 2007
The condition on the above-referenced real property is a public nuisance in
violation of Contra Costa County Ordinance Code section 74-1.002 and CBC 102.
ORDER the property owners to abate the public nuisance by;
A. Raising the foundation to a minimum 6" above surrounding grade
B. Remove and replace defective flooring and supports
C. Replace rotted portions of parapet, roof and building
D. Provide structural engineers report assessing vertical support of ceiling, make
any needed corrections.
E. Provide structural engineers report of ceiling and roof members, make any
needed corrections.
F. Correctly install water heater, water piping, and fuel gas venting. Provide
adequate clearances around toilet. Repair all plumbing leaks.
G. Correctly support all electrical conductors, properly protect all electrical
conductors, ensure that all disconnects are readily accessible.
H. Ensure that a 36" wide path of travel exists through entire store to a clearly
marked exit with no threshold or change in floor elevation greater than 1 inch
I. Provide natural ventilation openings to equal not less than 1/20th the total
floor area or mechanically operated ventilation system capable of supplying a
J. Minimum of 15 cubic feet per minute of outside air per occupant in all portions
of the building.
K. Ensure that all door and ceiling heights conform to code
L. Replace deteriorated siding, seal all openings and penetrations in roof and
siding.
M. Remove dwelling unit or obtain use permit and install rated area separation
wall.
Or, OBTAIN a demolition permit and remove the entire substandard structure
from the property within 30 days of the mailing of the Board decision.
DIRECT the county abatement officer to remove the entire substandard structure
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 owners 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 removing the entire substandard structure from the property is estimated
to be $18,000. 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 property.
FACTUAL BACKGROUND:
The real property located at 521 Market St., Richmond, CA in Contra Costa County; APN: 409-
271-011 is owned by Floyd Nicks & Louise Ellis.
The California Building Code section 102 defines any building or structure
constituting a hazard to safety, health or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence or fire hazard a building unsafe for use.
The county abatement officer made an initial inspection of the above-referenced
property on May 17, 2007. The county abatement officer observed the following:
Inadequate foundation-broken concrete foundation, building below finish grade,
defective flooring and supports, floor joist over spanned, rotted and improperly
supported, dilapidation due to improper maintenance, lower 12" of vertical framing
members rotted around building, dry rot of almost all exposed wood. vertical supports
buckling due to deterioration or defective materials, numerous bearing walls damaged
by alteration, over span stud placement. Under floor beams and girders not supported
properly. Ceiling and roof members sagging due to deterioration or defective
materials-roof structure throughout building has several over spanned areas, front
parapet leaning back into building lacks adequate support. Rafters and rafter tails
appear rotted from continuous water damage. Hazardous plumbing-incorrect plumbing
materials used, leaking plumbing throughout the building, incorrect clearances to
plumbing fixtures. Hazardous electrical- open and or damaged electrical boxes and
fixtures. Over loaded branch circuits, improper installation of electrical conduit
Page 2 of 3
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Appeal of Abatement Action at: 521 Market St., Richmond
Page Three
September 18, 2007
and protection of wiring throughout building. Inadequate egress-lack of required
signage, keyed locks on both sides of egress doors prohibited. Hazardous ramps and
landings, diminished path of egress within building to exits. Inadequate light and
ventilation- windows and doors have been covered and are not operational. Faulty
weather protection-roofing system inadequate, rot of siding and wood windows
throughout exterior of building. Improper occupancy-lhr fire separation wall required
between R occupancy and M-/B occupancy.
Re-inspection of the property on August 13, 2007, showed that the property continued
to be in violation of Contra Costa County Ordinance Code section 74-1.002 and CBC
102.
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 owners filed an appeal of Notice and Order to Abate on August 9, 2007.
Notice of this Hearing was sent to the property owner by certified mail by the Clerk
of the Board - see Clerk of the Board's mailing confirmation.
Page 3 of 3
yr •
ADDENDUM TO ITEM SD.5
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 521 Market Street, Richmond, and RECEIVED
and CONSIDERED oral and written testimony and other evidence from the County Abatement
Officer.
Vincont P. Caballero, Building Inspector,presented the staff report including photographs of the
premises.
Testimony was given by the property owner/appellant,Mr. Floyd Nicks:
Mr. Nicks stated he had been trying to sell the property but said he agreed the property
needed to be abated by abolishing the building. He stated he had no money, was not able
to do the work himself and he was hoping to give the store occupant time to sell his
merchandise stock. Also,he said he had an 89-year-old tenant with a living assistant
occupying an apartment that adjoins the store. He said he had given 30-day notice to
vacate the premises, and added he had been trying to find his tenant a place to live.
The following persons spoke in denial of the appeal:
Rev. Kenneth Davis,Richmond resident;
Maricela Navarro,Richmond resident;
Lee Jones,Richmond resident;
Ruby Molinari, El Sobrante resident;
Bob Ellison,Richmond resident;
Corrine Saim, Richmond resident;
Maria Maravilla,Richmond resident;
Ydermila M.aravilla,Richmond resident.
Supervisor Gioia stated he would consider allowing time to work with the owner and tenant to
ensure a future residence for the tenant. Noting that he believes it is Mr. Nick's intention to
demolish the property, he said he would be happy to sit down with Mr.Nicks to work on
something positive for future development on the site,noting that an empty lot is not desirable
either. He added that regardless of time allotment the store must be closed.
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 or OBTAIN a
demolition permit and remove the entire substandard structure from the property within 30 days
of the mailing of the Board's decision.
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tthe
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K _ - Alcohol and Other Drugs Advisory Board of Contra Costa Como-
597 Center Avenue Suite 320
Martinez, CA 94553
�AMY- (925) 313-6311
fax (925) 313-6390
/I mi-C,m,u/4 T_ i alc'y
RECEIVED
September 4, 2007 SEP 0 6 2007
Supervisorial CLERK,BOARD OF SUPERVISORS
Districts Dear Members of the Board of Supervisors, CONTRA COSTA CO.
District 1
Joel Fort, M.D. We are writing to strongly urge you to deny the appeal of Floyd Dicks for an
Vacant extension to the notice and abatement of the building located at 521 Market
Vacant Street in Richmond based on numerous violations.
District 2 1. The building, which is both a grocery store and a liquor store, was found to
Richard Christian be in violation of the Uniform Housing Code 1001.2 and Health and Safety
GeorgianaMedeiros Code 17920.3 by the Contra Costa County Building Inspection. The violations
Judy Clayton include structural, plumbing, and electrical problems, which endanger all people
District 3 who enter this building. The building itself is in a very deteriorated state so as to
Vacant be a hazard needing to be demolished.
Barbara Cappa
Leonar•dGr•aham 2. In addition to the long history of building code violations, the community has
documented a number of violations of the conditions imposed to the liquor
District 4 license when it was transferred to the current alcohol vendor operating at
Harold E. Parsley Golden 7 Market on these premises which include loitering, alcohol sales before
Judi,Bastin 10 am, people drinking on the premises, littering, and failure to properly
Gavle Hansen maintain the exterior of the building, operation of a public phone outside the
District 5 store, drug dealing, murder of a store clerk; and many violations of fire and health
Vacant regulations. Furthermore, children who pass by on their way to and from Verde
Kim Afacdotlald Elementary School are seriously exposed to these dangerous conditions and at
AmvAlanes risk of serious injury.
In fulfilling our mission to assess family and community needs regarding alcohol
At Larv_e Members & other drug related problems, and because of the serious and prolonged
Tom Asivad nature of this situation we strongly urge you to take immediate action to correct
Iirrt Doyle this dangerous problem to the fullest extent possible.
Gilbert Kittinntonth
With respect,
Tom Aswad, Chair Dr.(Joel Fort M.D.
Public Policy Committee
(` .c �1j II �l''� l;'iC;C
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"The Nfission of the Alcohol and Other 11rugs Advisc ry Board of Contra Costa County is to assess family and comrnunin;needs
regarding prevention and treatment of alcohol and other drug related problems. We report the findings to the Health Services
Dej)artment and the Board of Supervisors and we advocate_for the communities that we serve''
� i
WEST COUNTY ALCOHOL POLICY WORKING GROUP
El.Sobrante.Iron Triangle,Nardi Richmond,Richmond.San Pablo and Other N;esi Count),Conmwnines
c/o North Richmond Community Policing Annex
15358 Third Street, Richmond, CA 94801
^ Tel: 925-313-6311
Meeting field 3rd MondnV ojEveryMonth
September 5, 2007
Members Board of Supervisors RECEIVED
Supervisor John Contra Costa County SEP 0 6 2007
Gioia's Office
651 Pine Street
Contra Costa County Martinez, Ca 94553 CLERK BOARD OF SUPERVISORS
Sheriffs Office CONTRA COSTA CO.
Contra Costa
Health Services Madam Chairperson and Board Members:
Alcoholic Beverage
Control Department This letter is to request the Board of Supervisors to deny the appeal of Floyd Nicks regarding an
Richmond Police extension to the notice and abatement of his building at 521 Market Street, North Richmond,
Department CA. The West County Alcohol Policy Working Group is making this request as the liquor
San Pablo Police vendor who operates in this building is well known to our group through observation of the
Department premises as well as discussions with one of the liquor vendors.
Ruby Molinari,
Chair The West County Alcohol Policy Working Group (WCAPWG) is com rised by volunteer
residents who meet monthly with law enforcement personnel and quarterly with Alcohol
Naomi Williams
Vice Chair Beverage Control (ABC) agents. A representative of Supervisor Gioia's office attends the
meetings and a representative from Senator Torlakson's office attends when possible. The
Lola tarry mi, u ose of the group is to work with concerned citizens regarding problem alcohol outlets as
Secretary PrP g p g g
well as providing alcohol vendors an opportunity to meet and discuss their concerns with
Corky Booze sheriffs,policemen, and ABC agents.
Mildred Carlton
Willie Mae Johnson The building at 521 Market Street, North Richmond, is both a grocery store and a liquor outlet. 1t
is named the Golden 7 Market. The alcohol vendors have violated many of the imposed
Lee Jones conditions after the transfer of the license. Those violations include selling alcohol before 10
John Gordon am., people drinking out of cans on the store premises, loitering, accumulations of trash around
,lennat Muhammad the perimeter, public pay phone and failure to maintain the outside of the store. While some of
these violations relate to the operators of the store, every landlord is responsible to make sure
Minister Chris Smith tenants abide by the rules.
Simms Thompson,Jr.
Michael Moore The Contra Costa County Building Inspection made a visit to the market at 521 Market Street
and found the building in such disrepair that it is in violation of the Uniform Housing Code
Dorothy Lightner 1001.2 and Health and Safety Code 17920.3. They found faulty foundations, rotted wood
Susan Geick supporting the floors and walls, and a sagging ceiling. Plumbing leaks leading to mold, exposed
Local Merchants and over loaded electrical connections, were just some of the problems that were found. People
entering this building are placed in great danger of falling through the floor, having the roof and
walls fall in on them, or being caught in a fire from the improper electrical connections. Children
If you have any questions or need additional information,please call Fatima at(925)313 6311.This is an organization of concerned
community members and is a collaborative effort of Supervisor John Gioia,District I.CCC Health Services Department.Healthy
Neighborhoods Project.Alcohol and Other Drues Advisory Board and the Alcohol and Other Drues Services Division. For more
information.services or resources visit cchealth.ora
✓'. �Jl .�. C f ICS `_ r f
Page 2 of 2
Letter to BOS RE:Golden 7 Market
September 5.2007
also go in the store and could be caught in a situation where they become confused and unable to
escape injury. This store is what is commonly called a`death trap'.
We are requesting the Board of Supervisors to uphold the determination made by the Building
Inspection Department and deny the request for an extension of time to take steps to correct the
hazardous conditions. This building should be closed either for repair or demolition as soon as
possible. Although it may cause some loss of income to the owner, that is a far better solution
than having someone get hurt or die in this dilapidated building. After the findings of Building
Inspection, the health and safety of the customers should be the major concern of the tenants and
the owner of the building. If the owner is not required to immediately remedy the danger before
someone gets hurt a lawsuit could potentially be filed naming all the persons who were aware of
the situation and who failed to act upon, including the Board of Supervisors.
Sincerely,,
Iku y Moli ari, Chair
West County Alcohol Policy Working Group
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■ Print your name and address on the reverse ❑ Addressee
so that we can return the card to you. iv b (Printed Name) C. Date of D ' ry
■ Attach this card to the back of the mailpiece, II
or on the front if space permits. (/�
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World Savings Bank
P.O. Box-659548
3. S rvice Type
San Antonio, Texas 98265-9458 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
F4, Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7006 0 810 0001 8556 4078
PS Form 3811 , August 2001 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE First-Class Mail
Postage & Fees Paid
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so that we can return the card to you. B. eceived br(P►rnte Nam �� C. Da livery
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D. Is delivery address ere m item ❑ Yes 2
1. Article Addressed to: If YES, enter delivery ad es below: No
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Monroe Acceptance Company NoIl
P.O. Box 641339
Los Angeles, CA 90064-6339 3. ice Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
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Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7006 0810 0001 8556 4092
(Transfer from service labs
PS Form 3811 , August 2001 , Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
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so that we can return the card to you. B. R ive by(P rated Na $ �at o ery
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D. Is delivery address different from item 1? ❑ Yes
1. Article Addressed to: If YES, enter delivery address below: ❑ No
Budget Capital Corporation
1849 .Sawtelle Blvd. #700
Los Angeles, CA 90025 3. ice Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
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1849 Sawtelle Blvd. #700
Los Angeles, CA 90025 s. ,s rice Type
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2. Article Number 7006 0810 0001 8556 4085
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Floyd Nicks & Louise Ellis
252 S. 16"' Street l 4, certified
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Richmond, CA 94804 C Mail ❑ Express Mail
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❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number I 7006 0810 0001 8556 4122 1 .
(Transfer,from service labs .
PS Form 3811 , August 2001 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE First-Class Mail
Postage 8t Fees Paid
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6,51 Pine Street, Room 106
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Clerk of the Board of Supervisors Contra .)oil[)Cullen
Clerk ol'the Board
Costaand
County Administration Building County Administrator
651 Pine Street,Room 106 County (925)335-1900
Martinez,California 945_53-4069
John Gioia,District I
Gavle R.1-1ilkeniq.District H
Allary N.Piepho,District H]
Susan A.Bonilla,District IV 3i;
Federal D.Glover, District V
September 5,2007
Floyd Nicks&Louise Ellis
252 S. 16"'Street
Richmond,CA 94804
RE: Abated Property: 521 Market Street,Richmond,CA
Dear Mr.Nicks&Ms.Ellis,
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):
74-1.002 and CBC 102. 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 Cullen,County Administrator
and Clerk of the Board
By (L
Katherine Sinclair,Deputy Clerk
Attachment
cc: County Counsel
Building Inspection
RECEIVED
AUG 0 9 2007
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
To: Board of Supervisor
Dear Sir
I am appealing for an extension on the notice and order to abate the building located at
521 Market St Richmond Ca. At the present time the occupants have a lease that does
not expire until May 31 2009. I am also in the process of making minor repairs to the
building.
I am on oxygen 24 hours a day. I also have high blood pressure. Because of the problem
with my lungs I have extreme pain in my chest and I get extremely tired.
Because of my condition my wife has to take care of our home and other necessities. She
has neck and spine osteoarthritis which causes her extreme pain in her neck and spine.
Because of this condition she has a lot of medical needs and expenses.
We are in desperate need of the additional income that the property at 521 Market St
provides us. This income provides for the medical needs that we have.
Without this income we would be forced into.bankruptcy. Our medical needs would
suffer greatly.
If given an extension we could explore other options for our current medical and financial
needs. Such as preparing to sale our home.
We would greatly appreciate an extension for as long as possible. This would give the
present occupant time to sale his stock and to locate another location for his current
business.
Sincerely yours
Floyd Nicks
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. 68511.3)
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 $125 for appealing the decision of the County Abatement
Officer as stated in the Order to Abate a Public Nuisance dated
I declare under penalty of perjury that the foregoing statement,
including any accompanying statement(s) or document(s) in support
of this request, is true and correct.
(S gna re 61-Appellant)
(�
on ��Jr /, ozm 7
(date)
at YY arn
(City, State)
E$H11TT n
U, 161,
OWNER: Floyd Nicks&Louise Ellis RECEIVED
NOTICE AND ORDER TO ABATE AUG 0 9 2007
C.C.C.ORDINANCE CODE 14-6.410 CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
NOTICE IS HEREBY GIVEN that the building located at 521 Market Street, Richmond, Contra Costa
County. APN 409-271-011 is a substandard building. The structure exists in violation of Uniform
Housing Code 1001.2 and Health and Safety Code 17920.3.
A. Inadequate foundation;broken concrete foundation,building below finish grade.
B. Defective flooring and supports,floor joist over spanned,rotted and improperly supported.
C. Dilapidation due to improper maintenance, mud sill, lower 12" of vertical framing members rotted
around building,dry rot of almost all exposed wood.
D. Vertical supports buckling due to deterioration or defective materials, numerous bearing walls
damaged by alteration, over span stud placement. Under floor beams and girders not supported
properly.
E. Ceiling and roof members sagging due to deterioration or defective materials-roof structure
throughout building has several over spanned areas, front parapet leaning back into building lacks
adequate support. Rafters and rafter tails appear rotted from continuous water damage.
F. Hazardous plumbing-incorrect plumbing materials used, leaking plumbing throughout the building,
incorrect clearances to plumbing fixtures.
G. Hazardous electrical; open and or damaged electrical boxes and fixtures. Over loaded branch
circuits,improper installation of electrical conduit and protection of wiring throughout building.
H. Inadequate egress-lack of required signage, keyed locks on both sides of egress doors prohibited.
Hazardous ramps and landings,diminished path of egress within building to exits.
I. Inadequate light and ventilation;windows and doors have been covered and are not operational.
J. Faulty weather protection-roofing system inadequate, rot of siding and wood windows throughout
exterior of building.
K. Improper occupancy;1 hr fire separation wall required between R occupancy and M-/B occupancy.
Violation of Uniform Housing Code section 1001.3(1)]. Health and Safety code 17920.3. This
condition is a public nuisance in violation of Contra Costa County Ordinance code section 712-4.006.
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE.
You must abate the nuisance by doing either 1 (one)or 2(two),below:
1. VACATE and DEMOLISH the building within 15(fifteen)days of the issuance date of this Notice
and Order to Abate. The issuance date is specified below.
2. REPAIR the building according to the following schedule:
A. By August 14,2007 you must obtain the necessary permits to rehabilitate the.structure.
B. By September 3,2007 you must complete your first approved inspection.
If you do not abate the public nuisance by doing either 1 (one)or 2 (two),the County will demolish the
substandard structure. 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,18T 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.
7IS7SUAE DATE: July 31,2007
incent P.Caballero(925)335-1113
Building Inspector
VPC: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, and Contra Costa
County Ordinance Code Chapter 14-6.4 Uniform Public Nuisances.
I hand delivered the original Appeal Board Order and 5 copies
to the Clerk of the Board regarding the below site address for further
handling. The names below should be notified of the hearing:
Floyd R. Nicks & Louis Ellis Nicks
252 S. 16th Street
Richmond, CA 94804
Beneficial Management Corp Monroe Acceptance Co.
PO Box 6100 PO Box 641339
San Pablo CA 94804 Los Angeles CA 90064-6339
Budget Capital Corporation Budget Finance Company
1849 Sawtelle Blvd #700 1849 Sawtelle Blvd #700
Los Angeles, CA 90025 Los Angeles, CA 90025
SITE: 521 Market Ave. , Richmond, CA
APN: 409-271-011
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.
PCD CLERK
a
Kathy Sinclair/COB/CCC To Cindy Stein/BI/CCCAk ,
P.,�`�� 08/15/2007 02:19 PM cc
a 4 bcc
ArrAAAa.aaa.AA 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
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA .
AFFIDAVIT OF MAILING
IN THE MATTER OF: ABATEMENT APPEAL HEARING NOTICE
RE: Name Floyd Nicks & Louise Ellis
Address 521 Market Street
City Richmond, CA 94804
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
Flovd Nicks &Louise Ellis
252 S. 16th Street
Richmond, CA 94804,
Budget Finance Company
1849 Sawtelle Blvd. #700
Los Angeles, CA 90025
Beneficial Management Corp
P.O. Box 6100
San Pablo, CA 94804,
Monroe Acceptance Company
P.O. Box 641339
Los Angeles, CA 90064-6339
Budget Capital Corporation
1849 Sawtelle Blvd. #700
Los Angeles, CA 90025
1 declare under penalty of perjury that the foregoing is true and correct, at Martinez,
California.
Dated: September 6, 2007
Katherine Sinclair, Deputy Clerk
■ delivery Information ■ - at ■ ICY
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in For an additional tee, a Return Receipt may be'requested to.provide proof of
delivery. To Obtain Return Reoeipt service, please complete and attach a Return
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■ Na INSURANCE COVERAGE IS PROVIDED with Certified Mail, Fot
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Retum Receipt may be requested to provide proof of
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dupl .te return receipt, a USPSO postmark on your Certified Mail receipt is
reqired• For an additional fee, delivery may be restricted to the addressee or
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a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
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Certified Mail Provides:
■ A mailing receipt (MOA01 r) 3002 sunt ,om wo-i sd
■ A unique ldentifer for your mailpiece
■ A record of delivery kept by the Postal Service for two years
Important Reminders: ? .
■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mair
• Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider insured or Registered Mail.
■ For an addi#lonal fee, a Return Receipt may be requested to provide pr of of
delivery. To obtain Return Receipt service, please complete and attach a Friturn
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailplece "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 mark the mailplece with the
endorsement "Restricted-Detiveryt
r 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 andresent It when making an Inquiry. '
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Internet access to deliver information Is not available on mail
addressed to APOs and FPOs: