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HomeMy WebLinkAboutMINUTES - 07082008 - SD.3 ' -� TO: BOARD OF SUPERVISORS ','1--'`:- a► _�;- Contra FROM: DENNIS -M. BARRY, AICP, DIRECTOR °�f -:�A� Costa DEPARTMENT OF CONSERVATION & DEVELOPMENT County DATE: July 8, 2008 0.3 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 311 1St Avenue (south) , Pacheco, CA APN: 125-090-009 OWNER: Pacheco Development Associates 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 311 1St Avenue S. , Pacheco, .CA in Contra Costa County; APN:125- 090-009; 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 the Public nuisance exist including, but not limited to; (a) Junkyard conditions on R-7 residential property; (b)Camper top, travel trailer with non operable van and 2 boats on trailers; (c) Accumulations that constitutes a fire, health or safety hazard on the above-referenced real property is a public nuisance in violation of Contra Costa County Ordinance sections 82-2 .006 Zoning. violation, 84-68.1404 screening of trailers and section 1001.11 of the uniform housing code 1997 as adopted. ORDER the property owners to abate the public nuisance by removing the junkyard conditions from front, side and rear yards to include inoperable vehicles, inoperable appliances, junk, scrap, storage racks and salvaged building materials from the property. Provide suitable screening for camper top, one trailer and one boat on trailer from the public road or thoroughfare. Remove all accumulations of limber, furniture, debris, storage containers, dead organic matter that constitutes a fire, health or safety hazard from the property within sixty (60) days of the mailing of the Board decision. DIRECT the county abatement officer to abate the public nuisance at 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. CONTINUED ON ATTACHMENT: /X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON U A OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _UNANIMOUS ABSENT /I yLSZ— AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERV SORS ON THE DATE SHOWN. ATTESTED ., - JOHN CU CL K OF THE BOARD OF SUPER S S COUNTY MINISTRATOR BY Y cc: Building Inspection Division Page 1 of 2 Appeal of Abatement Action at: 311 1st Avenue S. Pacheco, CA 94553 Page Two July 8, 2008 FISCAL IMPACT: The Cost of boarding up the public nuisance at the property is estimated to be $12,000. 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 311 18t Avenue S. , Pacheco, California, in Contra Costa County; APN: 125-090-009 is owned by Pacheco Development Associates. The above-referenced property is located in an R-7 zoning district. On October 22, 2007, a complaint was received regarding junkyard conditions, substandard residence and a fire hazard at the subject property. On October 24, 2007, a courtesy letter was sent to the property owners. However, on November 13, 2007 an additional letter was sent out to the property owner and the occupant at the property address. On December 10, 2007, a phone message was received from the occupant advising he will get the permit to fix the roof of the house and start cleaning up the property in the first of the year 2008 . Upon further inspections, it was apparent that any efforts to clean up the property were only minimal. A site inspection on February 11, 2008 resulted in the following violations being observed. The property is being used to store non-operable vehicles, inoperable appliances, junk, scrap, storage racks and salvaged building materials around the yard areas which classify this use as a junkyard under Section 88-4 .206 of Title-8, Contra Costa County Ordinance Code. The R-7 zoning district under section 84-6.402 of Title-8 of the Contra Costa County Ordinance Code does not identify a permitted use of a junkyard in this residential zoning district and is a zoning violation under section 82-2 .006 of Title-8. The storage of Camper-top, travel trailer with non-operable van and two (2) boats on trailers on the property is a violation. These items were identified as being inappropriately screened when visible from 1st Avenue S. a public road. This is in contravention of section 84-68 .1404 the travel-trailer screening standard and a zoning violation under section 82-2 .006 of Title-8 Contra Costa County, Ordinance Code. Additionally, the accumulations of lumber, furniture, debris, storage containers, dead organic matter and household items in the yard areas constitute a fire, health and safety hazard violation. These accumulations are in violation of section 1001.11 of the Uniform Housing Code 1997 as adopted under section 712-2 .004 of Title-7 of the Contra Costa County, Ordinance Code. These violations caused a notice to comply to be issued on February 19, 2008, for junkyard conditions, trailers without suitable screening and accumulations around the property that are of a fire, health or safety hazard. A Notice and Order to Abate was posted on the property and served on the property owners and all known to be in possession of the property by certified mail on May 12, 2008, and posted the above-referenced property on May 12, 2008. Mr. Smith came into the Clerk of the Board office and filed a request for waiver on May 21, 2008. Mr. Smith is yet to provide a written appeal to the Notice and Order to Abate. Page 2 of 2 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 13 copies and AIR form to the County Administrator' s office regarding the below site address for further handling. The names below should be notified of the hearing: Pacheco Development Associates William Smith 1838 Tice Valley Blvd. 311 1St Avenue Walnut Creek, CA 94595 Pacheco, CA 94553 Bank of America Michael T. & Marilyn Plumb PO Box 345 333 First Ave, South Lafayette, CA 94549 Pacheco, CA 94553 John C. Willbrand John C. Willbrand 1724 Mary Drive 2280 Diamond Blvd. #440 Pleasant Hill, CA 94523 Concord, CA 94520 SITE: 311 1St Avenue (South) , Pacheco, CA APN: 125-090-009 Said documents were hand delivered on June 20 , 2008 . I declare under penalty of perjury that the foregoing is true and correct . Dated: June 20, 2008, at Martinez, California. PCD CLERK!-. ADDENDUM SD.3 July 8, 2008 Abatement Order Phil Ludolph, Department of Conservation and Development, presented the staff report as outlined in the Board order, on the appeal of the Notice and Order to abate a public nuisance on the real property located at 311 - 1't Avenue, Pacheco area. Chair Clover called for comment on the matter. W. M. Smith, property owner, explained that he had been storing items for another person on his property and was in the process of removing those items, had removed his son's boat and was arranging for the vehicles to be removed as well. Ile agreed to comply with the order for abatement. John Wilder, neighboring property owner, said that besides the furniture, there were many vehicles and a woodpile infested with rodents on the property. He said the property has been subject to abatement of nuisance conditions twice before and that the items had been brought back to the property after inspection. Supervisor Bonilla asked if there was a way to follow up, to ensure that the conditions do not re-occur. MichaelAngelo Silva, Building Inspection Division , said that staff could monitor the property and if the vehicles return,post an order to abate junkyard conditions or address it as a vehicle abatement. Supervisor Bonilla asked if it was possible to take an all-inclusive action today to provide 30 days to clean the property, institute monitoring of conditions afterward, and authorize further action if necessary without engaging in a lengthy noticing process. Mr. Silva responded that the department could monitor the property and complete a swifter notification by reducing the appeal period from 30 days to 10, and during the abatement stage include direction in the Board's order that the property must be kept clean for one year and authorize the department to continually monitor for that period. Supervisor Bonilla said she wanted to ensure that this did not continue to be a cycle; that it should be addressed completely today. She asked if the issue of garbage service had been looked into and if the status would be communicated back to the Board or to the Building Inspection Department. Mr. Silva said Health Services Environmental Health Department was notified that the property does not have garbage service. He also said the Building Inspection Department will keep the Supervisor's office informed of the status. By unanimous vote, with all Supervisors present, the Board took the following actions: CLOSED the hearing; AU'rHORIZED the abatement of a public nuisance on the real property located at 311 - I" Avenue, Pacheco area; .DIRECTED the Building Inspection Department to hold the execution of the abatement in abeyance for 30 days; and AUTHORIZED the department to proceed with the abatement if the property owner has not completed the cleanup within 30 days. RE QUEST TO SPEAK FORINT (3•Minul.e Limit) I wisli to speak on Agenda Item #: Complete this form and place it in the upright box near the Date: Q speaker's podium,and wait to be called by the Chair. —� Personal it jortnation is optional. I his speaker's card will be My Comments will be: V11"Geiierat incorporated into the public record of this meeting. ❑ For Name(PRINT): JUMU I4l,flbAw,--,. ❑ Against 7v enstn•e your rrcrnre is mutourrced cor�eetly,yotr pray Ivan[tv include its plrorretie spellir:g . �p ® I wish to speak on the subject of. Address: City: 'Pa–CIA P.,C'� - u 1'110110: U5 _r7 69?6 lam speaking for: 0—Myself ❑ Organization: _ Cl I do not want to speak but would like to leave continents for the Board to consider -- —.-- - -----.--- (Use the back of this form) REQ VEST TO SPEAK FOIL. (3 Minute Limit) .I wisli to sneak on Agenda Item#: Complete this form and place it in the upright box near the Date: e ci speaker's podium,and wait to be called by the Chair. My comments will be: ❑ General Persomtl ittfot•matiott is optional. This speaker's card will be irtcotporated into the public record of this meeting. ❑ For Name(PRINT): W M J m. t �� e Pt V. ��C) ❑ Against T'o ensure your name is anrtotmced correctly,you may mint to include its phonetic spelling f� K'I wish to speak on the subject of: Address: City: `'� 2:L ZIN 9zs- -�9� - � 4q 9 �.- Phone: — e�C�a-�/o�'i 1 atn speaking for: [M/Myself L!d' .Organization: ElI do not want to speak but would like to leave continents for the Board to consider. - (Use the back of this forst) BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF Hearing Notice for William Smith, property located at 311 1 Sc Avenue, Pacheco Hearing for: Appeal of Code Enforcement for Abated property located at 311 ls`Avenue, Pacheco, CA. Notice of hearing for Tuesday July 8, 2008 at 9:30 a.m., was mailed this day, Thursday, June 26, 2008. 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: PLEASE SEE ATTACHED LIST I declare under penalty of perjury that the foregoing is true and correct, at Martinez, California. Dated: June 27, 2008 Katherine Sinclair, Deputy Clerk z --'' RECEIVED M AY 2 1 2008 REQUEST FOR WAIVER OF THE $125 FILING FEE CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 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 Budqet 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)7 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. (Signatur' f Appellant) . on -/ - M, (date) at (City, State) Clerk of the Board of Supervisors Contra John Cullen Clerk of the Board Costa and County Administration Building County AdministaLtor 651 Pine Street,Room 106County (925)335-1900 ..Martinez, California 94553-4068 Sr L John Gioia,District I Gayle 11.Uilkerria,District 11 Mary N.Piepho,District.III sils"I n A.Bonilla,District IV N Federal 1),Glover, District V 3j'9 COl1T�tY June 26, 2008 Pacheco Development Associates 311 1 1°' Avenue South Pacheco,CA 94553 Dear Property Owners: In accordance with Contra Costa County Ordinance Code 14-6.4 (Uniform Public Nuisance Abatement Procedure), you are hereby notified that Tuesday,July 8,2008 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 ordinance code section(s): 82-2.006, 84-68.1404 and section 1001.1 1 of the Uniform Housing Code 1997, as adopted. 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 104-6.4. 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, J01111 Cullen,County Administrator and Clerk of the Board Katherine Sinclair,Deputy Clerk Attachment cc: County Counsel Building Inspection ., �, � Z �, � �-�/ �,,�--- �/ �1��.� i �\/ ti.�- �t 7 .- � �i ., ��� -�} � � ���,�,. �� � ;- - �1-:� ..� - ,-- --' �.�--- ,.;-�- .�- ��e.Fynt o TO: BOARD OF SUPERVISORS - Contra CostaFROM: DENNIS M. BARRY, AICP, DIRECTOR s'a dki DEPARTMENT OF CONSERVATION & DEVELOPMENT County DATE: July .8, 2008 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 311 let Avenue (south) , Pacheco, CA APN: 125-090-009 OWNER: Pacheco, Development Associates 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 311 1st Avenue S. , Pacheco, CA ,in Contra Costa County; APN:125- 090-009; 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 the Public nuisance exist including, . but not limited to; (a) Junkyard conditions on R-7 residential property; (b)Camper top, travel trailer with non operable van and 2 boats on trailers; (c) Accumulations that constitutes a fire, health or safety hazard on the above-referenced real property is a public nuisance in violation of Contra Costa County Ordinance, sections 82-2 .006 zoning violation, 84-68.1404 screening of trailers and section 1001. 11 of the uniform housing code 1997 as adopted. ORDER the property owners to abate the public . nuisance by removing the junkyard conditions from front, side and rear yards to include inoperable, vehicles, inoperable appliances, junk, scrap., storage racks and salvaged building materials from the property. Provide suitable screening for camper top, one trailer .and one boat on trailer from the public road or thoroughfare. Remove all accumulations of limber, furniture, debris, storage containers, dead organic matter that constitutes a fire, health or safety hazard from the property within sixty (60) days of the mailing of the Board decision. DIRECT the county abatement officer to abate the public nuisance at 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.. CONTINUED ON ATTACHMENT: /X YES SIGNATURE: zip; RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) - ACTION OF BOARD ON APPRfIVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 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 JOHN CULLEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY CC: Building Inspection Division Page 1 of 2 Appeal of Abatement Action at: 311 1st Avenue S. , Pacheco, CA 94553 Page Two July 8, 2008 FISCAL IMPACT: The Cost of boarding. up, the public nuisance at the property. is estimated to be $12,000. If the county abatement officer per the work of abatement and the propertyowner does not pay; the actual c,ost• 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 311 lst Avenue S. , Pacheco, California, in Contra Costa County; APN: 125-090-009 -is owned by Pacheco Development .Associates. The above-referenced property is located in,an R-7 zoning district. On October 22, 2007, a. complaint was received regarding junkyard conditions, substandard residence and a + fire hazard at the subject property. On October .24, 2007, a courtesy letter was sent , to the 'property owners. However, on November 13, 2007 an additional letter was sent out, to the property owner and the occupant at the property address. On December 10, 2007, a phone message -was received from the occupant advising he will get the permit 'to 'fix the .roof o %; the house and start cleaning up the property` in the first of the year 20.08. Upon .further inspections, it was apparent. that any efforts to clean up the property were only minimal. A site inspection on February 11; 2008 'resulted in the following violations being observed. The property `is ':being . used to store ' non-operable vehicles, inoperable appliances, junk, . scrap,.. *storage racks and salvaged building materials around the yard areas which classify this use as a junkyard under. Section 88-4 .206 Of Title-8, Contra Costa County Ordinance Code. The R-7. zoning district under section 84-6.402 of. Title-8 of the Contra Costa county Ordinance Code does not identify a permitted use of a junkyard in this residential zoning •district and is a zoning .violation under section 82-2 .006 of Title-8. The storage of Camper-top,, travel trailer with non-operable van and two (2) boats on trailers on the" property is a violation. These items were* identified as being inappropriately screened ' when visible from lst Avenue S. a public road. This is in contravention of section ' 84-68.1404 the travel-trailer screening standard and a zoning violation. under section 82=2.006 of Title-8 Contra Costa County, Ordinance Code. Additionally, the accumulations of lumber, . furniture, debris, storage containers, dead organic 'matter and household items in the yard areas constitute a fire, health and safety hazard violation. These. accumulations are in violation of section 1001.11 of the Uniform Housing Code 1997 as adopted , under section 712-2.'004 of Title-7 of the Contra Costa County; Ordinance Code. These violations caused a notice to comply to be issued on February 19, 2008, for •junkyard ' conditions, trailers without suitable screening and accumulations around the property that are of a fire, health or safety hazard. A Notice' and' Order to,• Abate was posted on the property and served ori the property owners and all known to be in possession of the property by certified mail on May 12, 2008, 'and posted the above-referenced property on May 12, 2008. Mr. Smith came into the Clerk of the Board office and filed a. request for waiver on May '21,_ 2008. Mr. Smith.' is 'yet toy"proviae a written appeal to the Notice and Order to Abate. Page 2 of 2 ƒ .. \ � \ � \/ k \k � cn _ y \ g00 ` m � /\ & \un . � . m q k \ m \ � o y-00 0 \k\D k to a .. ak « td ƒ2f \\f\ƒ% \ cio \ \ \ cc",, � � - ' s AR VIM F r. cl) ,-d 6 x cu a) Z 0 JUN 3 0 2008 Na CL E cn - u)0 iZ o.oz)a. 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REQUEST (Do Not Use This Form For Hearings) Agenda Date Requested: .7/8/08 Submitting Department: Department of Conservation and Development Contact Person: Cindy Stein Phone: 335-1114 Proposed Agcnda .Language: HEARING on the appeal of the Notice and Order to abate a public nuisance on the real property located at 311 1"Avenue, South, Pacheco, CA (Pacheco Development Associates, Owners), (Pill] Ludolph, Department of Conservation and Development, District IV). Item Affects ❑ All Supervisorial Districts OR District ❑ I, ❑ II, ❑ III, ® iV, ❑ V Item Submitted for: ❑ Consent Agenda: No discussion, no speakers, no opposition Category: (Select from dropdown list.) ❑ Presentation: Five minutes, people present to speak or receive ® Short Discussion: Less than five minutes ❑ Deliberation: Longer than five minutes. Time est: min. Person presenting the Presentation, Short Discussion, or Deliberation Item at the Board meeting: Name: Phil Ludolph Phone: 335-1142 Visual Presentation: if any,please indicate input source and any special instructions for the Board Clerk: Input Source: Flat art/transparencies (Select from the dropdown list.) Special Instructions: Copies required for meeting packets:1 ♦ Consent Agenda: Original and 1 copy, unless the item is 50 pages or more (single sided) or has oversized or color pages, then 12 copies are needed* ♦ Short Discussion: Original and 13 copies* ♦ Deliberation: Original and 13 copies* * If your department needs any executed copies of contracts or agreements returned to your department, you must submit those copies in addition to the Board's minimum number. Form Rev 3116/06JE 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 13 copies and AIR form to the County Administrator' s office regarding the below site address for further handling. The names below should be notified of,- the hearing : Pacheco Development Associates William Smith 1838 Tice Valley Blvd. 311 1St Avenue Walnut Creek, CA 94595 Pacheco, CA 94553 Bank of •America. Michael T. & Marilyn Plumb PO Box 345 333 First Ave, South Lafayette, CA 94549 Pacheco, CA 94553 John C. Willbrand John C. Willbrand 1724 Mary Drive . 2280 Diamond Blvd. 4440 Pleasant Hill, CA 94523 Concord', CA 94520 SITE: 311 1St Avenue (South) , Pacheco, CA APN: 125-090-009 Said documents were hand delivered on June 20, 2008 . I declare under penalty of perjury that the foregoing is true and correct . Dated: June 20, 2008 , at Martinez, California: PCD CLERK,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 , 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 . I 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. Pacheco Development Assoc. 311-1st Ave. , S. Pacheco, CA 94553 Pacheco Development Assoc. 1838 Tice Valley Blvd. Walnut Creek, CA 94595 ConCinental Auxiliary Co. Bank of America P.O. Box 345 1,afayett.e, CA 94549 Terrance M. Murphy John C. Willbrand 1724 Mary Drive Pleasant Hill, CA 94523 Founders Title Co. John C. Wi.11brand 2280 Diamond Blvd. , 4440 Concord, CA 94520 Bill Smith 311 15C Ave. , S Pacheco, CA 94553 SITE: 311 1" Ave. , S . , Pacheco APN: 125-090-009 Said notices were mailed/posted on May 12, 2008 I declare under penalty of perjury that the foregoing is true and correct . Dated: May 12, 2008 .at Martinez, California. Ike PCD CLERK - Kelly tch-Austin Posted by: Phil Ludolph B1dg.Insp. 2 r ' OWNER: Pacheco Development Associates r, E NOTICE AND ORDER TO ABATE MAY 2 1 2008 BOARDC.C.C,- ORDINANCE CODE .14-6.41 O CLERK CONTRAOCOSTA CO.ISORS NOTICE IS HEREBY GIVEN that junkyard conditions including non-operable vehicles, Incorrectly screened camper fop, trailer with non-operable van, boats on trailers and accumulations which constitutes a fire, health or safety hazard on the property located at 311 • 1St Avenue S., Pacheco within unincorporated, Contra Costa County: APN# 125-090- 009. These conditions are a public nuisance in violation of Contra Costa County Ordinance Code sections 82-2.006, 84-68.1404 712-2.004 and section 1001.11 of the Uniform Housing Code 1997, as adopted. YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE. You must abate the nuisance by doing one (1), two 2 and three (3) below: 1. REMOVE all junkyard conditions from front, rear and side yards to include all inoperable vehicles, machinery, inoperable appliances, junk, scrap, storage racks and salvaged building materials from the property within fourteen (14) days. 2. REMOVE camper top, travel trailer with non-operable van, and two (2) trailers and boats from property or store a single travel trailer/camper top and single boat with trailer behind a suitable screen so that 90% of the mass of the camper top/travel trailer and boat on trailer cannot be seen from a public road or thoroughfare provided the trailer is unoccupied within fourteen (14) days. 3. REMOVE all Accumulations of lumber, furniture, debris, . storage containers, dead organic matter and household items around yard areas that may provide for a likely rat harborage or constitutes a fire, health or safety hazard within fourteen (14) days. • If you do not abate the public nuisance by complying with condition one (1), two (2) and three (3) above, the County will remove the junkyard conditions from the front, rear and side yards including non-operable vehicles, incorrectly screened camper top, trailer with. non-operable van, boats on trailers and accumulations which constitutes a fire, health or safety hazard on .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, 1ST 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: May 12, 2008 dolph (925) 335-1141 Building Inspector Cc: Bill Smith 31 1 I" Ave. S Pacheco,CA 94553 PAL:klha