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Home My WebLink AboutMINUTES - 08052008 - D.1 SEL Contra Costa TO: BOARD OF SUPERVISORS �� County Sr'9 COUNTY FROM: DENNIS M. BARRY, AICP, DIRECTOR DEPARTMENT OF CONSERVATION & DEVELOPMENT DATE: August 5, 2008 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: No Address, Bradford Island Rd. (East Side on Fisherman's cut) Bradford Island, CA APN: 026-050-031 OWNER: Mike & Vickie Skany & Carolyn Skarry Purdy 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; no assigned number, Bradford Island Road (East side on Fisherman's cut) Bradford Island, in Contra Costa County; APN: 026-050-031; 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 vehicles, vessels, vehicle parts, vessel parts, trailers, commercial equipment and machinery, scrap; metal,wood,and other scrap or discarded materials, partially submerged floating home and depilated docks on and adjacent to the levee and on/in the adjoining waterway on the above—referenced real property is a public nuisance in violation of Contra Costa County Ordinance Code section 88-4.402, 82-2.006. ORDER the property owners to abate the public nuisance by removing the vehicles, vessels, vehicle parts,vessel parts,trailers, commercial equipment and machinery, scrap; metal,wood,and other scrap or discarded materials, partially submerged floating home and depilated docks on and adjacent to the levee and on/in the adjoining waterway from the property within 60 days of the mailing of the Board decision. DIRECT the county abatement officer to remove the vehicles, vessels,vehicle parts,vessel parts, trailers, commercial equipment and machinery, scrap; metal, wood, and other scrap or discarded materials, partially submerged floating home and depilated docks on and adjacent to the levee and on/in the adjoining waterway 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 hearin to file the Board's d ' ion with the Clerk of the Board of Supervisor. :Z__ CONTINUED ON ATTACHMENT: Yes SIGNATURE �1 A RECOMMENDATION OF COUNTY ADMINISTRATOR R -COMM ND ION F BOAP15 COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON � �� 2l/dS� A OVED AS RFCOMkttNDED _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. Contact: Cindy Stein (925)335-1114 ATTESTED: cc: Building Inspection Division John Cullen,Clerkof the Board of Supervisors and County Administrator B DEPUTY Page 1 of 2 Confirmation Hearing Skarry, Bradford Island Rd., Bradford Island August 5, 2008 Page Two FISCAL IMPACT: The Cost of the removing the vehicles, vessels, vehicle parts, vessel parts, trailers, commercial equipment and machinery, scrap; metal, wood, and other scrap or discarded materials, partially submerged floating home and depilated docks on and adjacent to the levee and on/in the adjoining waterway from the property is estimated to be$24,950.00. If the county abatement officer performs the work of abatement and the property owner does not pay, the actual cost of the work and all administrative cost may be imposed as a lien on the property after notice and a hearing, and may be collected as an assessment against the property. FACTUAL BACKGROUND: The real property located at No assigned number Bradford Island Rd. (east side on Fisherman's Cut) Bradford Island, in Contra Costa County; APN: 026-050-031 is owned by Mike Skarry,Vickie Skarry and Carolyn Skarry aka Carolyn Skarry Purdy. The above-referenced property is located in an A-2 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 84-34.402, prohibits uses other than those allowed in an A-2. The storage of vehicles, vessels, vehicle parts, vessel parts, trailers, commercial equipment and machinery, scrap; metal,wood,and other scrap or discarded materials, partially submerged floating home and depilated docks on and adjacent to the levee and on/in the adjoining waterway is not a permitted use. The county abatement officer made an initial inspection of the above—referenced property on October 30, 2007. The county abatement officer observed vehicles, vessels, vehicle parts, vessel parts, trailers, commercial equipment and machinery, scrap; metal, wood, and other scrap or discarded materials, partially submerged floating home and depilated docks on and adjacent to the levee and on/in the adjoining waterway. Re-inspection of the property on March 19, 2008, showed that the property continued to be in violation of Contra Costa County Ordinance Code section 84-14.402,84-68.1404, 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 April 28, 2008, and posted the above-referenced property on April 28, 2008. The Property owners filed an appeal of Notice and Order to Abate on May 27, 2008. 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 CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY STATE OF CALIFORNIA ) 001 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: Mike & Vicki Skarry Carolyn Skarry Purdy PO Box 1720 PO Box 1720 Bethel Island, CA 94511 Bethel Island, CA 94511 Scott K. Zimmerman & Rand Stephens Regency Centers, L. P. 812 First St . Ste A c/o J. Newman, B. Marcus Brentwood, CA 94513 Vlahos & Rudy, LLP 333 Market St . #2100 Contra Costa County Tax Collector San Francisco, CA 94105 PO Box 631 Martinez, CA 94553 Sosnowski & Associates, Inc State of California 2200 Geng Road Franchise Tax Board Palo Alto, CA 94303 PO Box 2952 Sacramento, CA 95812-2952 Jean Ann Bauer Attorney at Law PO Box 354 Bethel Island, CA 94511 SITE : No address, Bradford Island Rd. , Bradford Island, CA APN: 026-050-031 Said documents were hand delivered on July 9, 2008 . I declare under penalty of perjury that the foregoing is true and correct . Dated: July 9, 2008, at Martinez, California. L, Ijj 4 PCD CLER