Loading...
HomeMy WebLinkAboutRESOLUTIONS - 09102004 - 71-321 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re : Abatement , property of } RESOLUTION No. 71/321 Canyon Water Brothers, et al � )Resolution of Nuisance & Abatement } Building Inspector Abatement ) (Cal.Adm.Code §17014.5) #_3,-D.. 1964 ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. This Board's records show that (a) the County Building Inspector, acting pursuant to the County Ordinance Code in accor- dance with Sections 203 and H-1001-H-1002 of the Uniform Building Code , Volume III, and Sections 17014 et seq . of Title VIZI of the California Administrative Code, determined that the buildings and/or Improvement(s) located at Canyon, California, the subject of the above-mentioned Building Inspector Abatement Proceeding, and located on that real property described as set forth in "Exhibit B, "attached hereto and incorporated herein by this reference, are substandard and therefore a public nuisance; and (b) the Building Inspector posted said property with Notice of Substandard Building and/or Improvements and duly nvti e the owner(s) thereof that they are substandard, as appears more particularly from the declaration of the Building Inspector on file herein. 2. Those buildings and/or improvement(s) have not been repaired or removed as required by the Notice of Substandard Buildings and/or Improvement(s); and the Building Inspector thereafter posted said property with Notice to Abate Nuisance , specifying the time and place of a hearing before this F3oa.rd for the property owners to show cause why the buildings and/or improvement(s) should not be condemned as a public nuisance, and the Building; Inspector duly notified the owners of the hearing as appears more particularly from his declaration on file herein. 3. This matter dame on regularly for hearing by this Board as provided in the notice, and on November 12, 1969, this Hoard, pur- suant to the request of owners or occupants of the subject buildings or improvements , duly referred the matter for hearing to the County Hearing Officer, and after hearings on this case and related matters the Hearin; Officer filed his corrected report with this Board, a copy of which, marked "E.xhibitAl is attached hereto and incorporated herein by this reference. 4 . The Board today adapted the Hearing Officer's corrected report and the findings and recommendations therein. 5. This Board now finds that said buildings and/or improvements are substandard as defined in Sections H-1001 and 1-1 -1002 of the Uniform Building Code, Volume III, by reason of the deficiencies set forth in 'Exhibit A-` which are hereby found to exist , and said buildings and/or improvement(s) are declared to be a public nuisance and the owners thereof are hereby ordered to abate said nuisance within 30 days after a copy of this resolution, together with notice thereof, has been posted on said property . 6. This Board concludes that said buildings and/or improve- ment(s) cannot be reconstructed or repaired in a manner so as to comply with the provisions of law cited above and therefore they must be razed and removed; and if said nuisance is not abated within the time allowed, the Building Inspector shall abate it and the expense thereof shall be a lien upon the land upon which said build- ings and/or improvement(s) are located. PASSED .AND 'ADOPTED on 1971 At e c 1p RESOLUTION No. 71/321 CONTRA COSTA COUNTY HEARING" OFFICER DAVIO J. LEVY April. 20, 1971 DIRECT CORRESPONDENCE: CONCORD BLVD. AT GRANT S"TA99T CiVtL SERVICE HEARINGS: CONCORD. CALIFORNIA l4*20 ROOM 105. ADMINISTRATION$100. Pk+CINE OtS:2140 P O. SDX 791 _ y� } *ry+ " " MARTINEZ, CALIFORNIA 945'53 EXHIBIT k PHONE 413_229.3000. -EXT. 2011 RETIREMENT BOARD HEARINGS: ROOM--tO2, FINANCE BUILDING MARTINEZ, CALIFORNIA .94393 PHONE 4IS•32$.30". EXT. 2391 Honorable Chairman and Members Conga Costa County Board of Supervisors County Administration Building Martinez, California W. T. p A A C CH � RE: CA11YON ABATEMENT PROCEEDINGS CLERK V0AAQ OF 5UPEPWIRS apart d eairn_g icer GfeN E�,,�y4 CO tBy o Gentlemen Pursuant to your resolution of November 12, 1969, hearings on abatement of the sixteen structures herein described were referred to the undersigned as County Hearing Officer. There is submitted herewith a report of these proceedings , summary of the evidence, findings, conclusions and recommendations. The County acting through the Building Inspector was designated as Petitioner and was represented by Arthur W. Walenta, Deputy County Counsel. The residents and landowners were designated as Respondents and were represented by William Bennett, Attorney. One resident repre- sented himself, one property owner was not represented. INTRODUCTION These proceedings involve a combination of legal, constitutional., . economic and sociological issues, all of which are of inmost concern to the individual residents , the people of the County of Contra.. Costa and your Honorable Board as their representatives. The hearings were conducted publicly and informally at the con- venience of the residents , property owners, counsel and the Hearin"' Officer. They extended over a period of a year and entailed an es- timated 100 hours of testimony. The proceedings were reported by a court reporter retained at the request of the respective parties and not on the order of the Hearing Officer. There has been no order Afor a complete transcript of the proceedings. All parties were permitted to testify and to present witnesses and relevant evidence. In addi- tion, the Hearing Officer viewed all the premises that are subject to the proceedings The format agreed upon by the parties was to have the Deputy Building Inspector describe the location and posting of each parcel 7F ,/F TIL �P a 171 .., -2- with .2-with "Notice of Substandard Buildin .11 The notice contained a list of alle-ed deficiencies , a description of tine: real property and evidence of service either by mail or personal delivery. Thee was similar evidence of posting, 1`1,7oti.ce to Abate Nuisance" on t1Ie respective paLcels. Without admittin t'le allegations in �i.e described notices , it was stipulated on behalf of the owners and residents that the described notices had been regularly posted or mailed as set forth in the exhibits submitted in behalf of each respective parcel. At the outset, it was evident by statements of residents and their counsel that the abatement nroceedin s were considered personal in nature, a violation of the equal protection provisions of the. Constitution and aimed at removing homes of people because of their dress , appearance or activities. During the entire proceedings , there: was ample evidence that a number of the residents , not only described themselves , were described by others , and appeared to be "non-conformists" as to their dress and mode of living. In deciding the issues , your Hearing Officer has summarily dismissed these factors from his considerations and is basing, this report and recommendation solely on the factual evidence of the buildings , and their construction, subject to the efforts of the residents and landowners to comply with the word and spirit of the ordinances adopted by the Board of Super- visors. RESPONDENTS ' RESIDENTS & PROPERT'.L OWN7E s POSITION At the outset, the Respondents raised legal issues as follows: 1. The Board of Supervisors has no enforcement power. 2. The burden of proving violations is upon the County. 3. The evidence that was to be presented was unlawfully obtained. 4. The ordinances were being, applied discriminatorily. 5. The residents of Canyon have the right to live their way of life unless the method of life is unhealthy or dangerous. b. The structures as erected and maintained contribute to conservation in the area, and, 7. They objected to the entire proceedings. The Petitioner (Building Inspector) acting through Mr, Walenta, Deputy County Counsel, filed a general argument in response to the position taken by Respondents. ie argues that no building permits were issued for any of the buildings and that all of them have Ion,- lists on;lists of deficiencies. lie describes the Respondents' conduct as an attempt to harass, hamper and intimidate the County to keep it from, enforcing in Ca.r#yoan the codes provisions that apply to the rest of the County. During, the hearings, the residents made similar charges that the County And its agents were attempting to harass and intimidate them. Bath parties ague that they are interested in "Conservation," one side wishes to conserve Canyon by saving it from development, the other to save it from the use to which the Respondents are putting it. R 'ECIEFFIED APR 2 11971 CONTRA COSTA COUNTY BUILDING #IVBP f.�7`C}kt -3- Mr. Bennett, Attorney for the residents and homeowners, did not file a written argu-xient. Considerable emotions were aroused by the inves tic-,at .ons leading up to the abater-,lent proceed n-3—. An automobile i.-,;n oil key Of a deputy Building Inspector was removed :"rom his car and an auto- mobile ignition wire was removed. Later the ignition itey gas ratu:;ned. On another date, in 1963 tv:,,o County vehicles had the air removed Pram seven tires and the ignition wires removed. sails were driven into automobile tires resul;ire° in flat tires. On one occasion, a camera was removed froi,i the Inspectors ' automobile but it was returned. A resident carried a shotgun on occasion, however, there was no direct threats with it. Can one occasion when notices were posted, the Building Inspector had a large number of Sheriff's deputies present. The premises involved were all unfenced. The Building Inspector gained his evidence from observations made from outside the. build%nMs, The Health Officer made inspections with the Deputy Building Inspector however, no written health reports were made or filed. The occupants of the various structures vary in occupation from laboring carpenters through the professions of engineering and teaching.All the occupants were relatively young with none appearing to be over 40 years old. With the exception of the public officials who inves- tigated and testified, there was no direct evidence of complaints against the structures from the immediate public or residents in the neighborhood. RESPONSE TO LEGAL ISSUES ?RAISED BY RESPONDENTS Seoarate `2".om considering the individual sites, it is possible to rule on the Rcspondents' legal objections. 1. The Board of Supervisors has the power to abate structures that are determined to be a nuisance. 2. The burden is upon the County to prove that the various structures are a nuisance. 0 3, Evidence of illegal. searches or seizures was insufficient M 69 to make the evidence inadmissable. cQ 4. The applicable ordinances are not being applied discrim » cc 0 z natorily. cz. 5. The residents of Canyon have the right to hive their own Z o way of life so long as it is no in violation of applicable 0. latus and ordinances. . Conservation of natural resources is not an issue for or a ains't the Respondents. The discussions :and recommendations .made in this report are directed specifically to the abatement proceedings before the Board of Supervisors. No recommendation or opinion is expressed relative - 4 - to misdemeanorviolations of the building crudes or whether there is evidence that they have or have not been committed. WITNESSES The County's witnesses included the Deputy Building Inspector, the County Building Inspector and Deputy Health Inspector, Respondent's witnesses were most of the residents who were involved, some landowners , residents whose property was not involved, an architect, interested persons who were knowledgeable on the general availability of housing in Contra Costa County and sub-standard hous- ing in other areas of the County, the County Supervisor for the Dis- trict. THE GENERAL AREA Canyon is a rural area Located in the southwest portion of Contra Costa County. Its terrain is predominately steep , with numerous trees and heavy undergrowth. It lacks streets, curbs and gutters, access is gained by the paged county road described as Redwood Highway. The area is zoned for residential use, minimum site size is one-half acne. In the vicinity of the properties, there are other established homes, electric power service is available, some of the established homes have septic tanks and there is an existing Moraga Water District. None of the: sites subject to the proceedings is on a paved road. OTHER ABATEMENTS Respondents submitted evidence to show that there were other buildings in Contra Costa. County that were substandard and had not been abated. There was no substantial evidence to show these struc- tures had come to the attention of the Building Inspector or that they had been allowed while the Respondents were singled out for abate- ment. The Respondents requested and received a list of structures subject to abatement proceedings instigated by the Building Inspector. The list is quite formidable and refutes the contention of the Respondents that there was discrimination against their structures and other substandard structures were ignored. ORDINANCES AND CODES There was received in evidence the County Ordinances adopting the Uniform Plumbing Code, 1967 edition; the Uniform Building Code, Vol,. III (Housing) , 1967. edition; Uniform Building Code,. 1967 edition, Volume I; Uniform Mechanical Code, 1967 edition. The following is a detailed analysis of each structure set forth in the original' referral from the Board of Supervisors. FINDINGS OF FACT AS TO THE VARIOUS STRUCTURES 1. Building Inspec'tor's No 3-D-1948 } Owner of Property: Canyon Water Brothers D Occupant,, Resident orer army mzth �,� 101971 Exhibits Z-A through 2-D l CONTRA COSTA COUNTY 71 BUILDING INSPECTOR � 1 This is an interesting structure acture z��de completely:ely of bar=e 4' x 8' sheets, of nl..yrwood bolted iso gether to form three CeodasY c domes. C ci i.na.l,l y , the Build-Ln- I ns; i, �;3L1J ' � tsix � inside s these domes. Clo.�eves: , t'zera was no water, 'food , toilet :4ac l- tie or other evidence that anyone was residin in these struct-j::cs. The larr,e openings in the plywood would make the buildings unto able for living. Thee is insufficient evidence to show that this structure caas used or will be used for a habitation. Under the definition of substandard buildings , Section "R-1001, it is the opinion of the Rearing Officer that the structure was not used as a residence and in its present condition and location does not endanger: the life, limb, health, property, safety or welfare of an occupant or the public. 2. Building Inspector's Yo. 3-D-1964 01�ner o:L, Property- CanyonvTat.er Brothers Occu,na:nt, Thor7as Vo-6 s Exhibits 5-A t5r5up _5 Building is a shack measuring 8' x 16' erected on a hillside and constructed of a conglomeration of second-hand materials such as old mismatched window frames and odd lengths of timber. The building contained no lecitchen sink, no water closet, no lavatory, no bathtub, no running water, no connection to a sewer system, no facilities for storing garbage or rubbish. Some panes of glass were out. Heating was by a small wood stove that was located close to combustible material. The stove was not properly vented and was described by the Building inspector as a fire hazard. The roof had a plastic material to keep out the elements. There was evidence that soraeone had been residing, in the building. There was no provision for disposal of waste water. 111r. Thomas Earl. Voorhis testified he was the builder. He identified his occupation as a telephone engineer. He resided in the building to "get array from the mechanical society." Re described lighting; by kerosene lamps and testified that two houses have burned down in 'the neighborhood. In his opinion, if there had been "good roads" and "good fire protection," the buildings may have been saved. A spring furnishes cold water which is pumped uphill by an electric pump located ' a quarter of a mile away. Chaste water was transported on his back down hill and deposited in someone's septic tank. This building, although satisfactory to the occupant, does not have any redeeming factors. It is a hazard to health and safety of its occupants and the public. RFIE D � N 3. Building ,Inspector's Yo. 3-D-1949 Owner of Property:: Ca.nyonTIaM-� 'Brothers APR 211971 Occupants: George I �er anil NallyT e rer Exhibits '6-A t roug Co m rRA cotsrA c OUNTY suit.otme INSPICTOR . In September of 1969 , when first observed by the Building Inspector, this structure presented a single geodesic dome in the course of construction. It is built on a solid wood platform on the crest of '>a hill, apparently new dimension lumber was used. At the time of the site inspection by the Hearing, Officer, the structure shored considerable more development and to the inexperienced eye of the Hearing officer appeared to be sturdily and well built of solid r aerials. The Building Inspector: cited numerous examples of a failure to meet the minimum standards o:E the Unixorril Yousing Code. in comparing; the photographs taken at the time of posting notice or sub- standard building and the :L"ield trip inspection, there were numerous additions including a kitchen arca, bathing and toilet facilities and the digging of what appeared to be space for a septic tans: and drain :field'. The occupants exerted considerable effort to obtain approval o: their constr:ucii,on. They 'took all the preliminary steps necessary to build a sewer treatment ;dant to satisfy sewer requirements but they were unsuccessful. The location of the structure is in an area that could be inaccessible to a standard automobile in good weather. In inclement weather, very few, if any, wheeled vehicles could reach the site. The Building Inspector described the building as one of the "better buildings" and at the time of his inspection "up to the plat- ford' was very near code. From the desire and determination of the occupants, it is the Hearing O icer's opinion that they would coo anything reasonable within their power to obtain approval for the structure if they could live there. The items of the structure that have been listed by the Building Inspector as 'substandard do not appear to be conditions that endanger the life, limb, health, property, safety or wel4lare of the public or the occupants of the structure. 4. Building Inspector's iso. 3..D-1956 ©'caner of Property; Franc�.s I. Bar? er Thomas as Administra.tr ,x o7 the Estate 67c . nco nF arMerdeceased, i-53 7ZIEn' T Baitter Occupant: Kirk Alden an wQ!e This is a one-roam cabin. When the Building Inspector first observed the site, the cabin was under construction He advisees L"hat a permit. was 'necessary, nevertheless, construction" was competed. Water service was by plastic pipe:, no termite protection, no hog: and cold running water, no water closet, no bathtub, no shower or lavatory. There is inadequate living space. Approximately 40 feet away there was a wash tub with a seat on it that was described as the 'toilet. Heat was by a small wood stove close to combustible materials. A deck railing required under the Code was not present. The occupant, Mr. Kirk Allen, is 23 years old. He has had experience as a builder. He was raised in Lafayette. He testified he uses a large redwood tank for supplying water. The building has "stress graded. wood'' and for a foundation, he dug. two feat dorm to solid rock and set wood beams on it. There is no electricity, no hot water. 'He used creosote under the structure for termites. The walls are ply=wood over studding. There is some tarpaper and redwood siding. TW . � APR 11971 CONTRA couTA COUNTY' ttlti.l�ll+lil !N�lICt3'I"C!R � � described by the Bui.l.din Inspector. Duel to lack of sanitary conditions , runrin- ula�.e C�41� to:L lew i,.G.C:�.a{..Tties , tier buil ink til shack that contrnin; inadequate sanitation znd structural hazares. she build, n- ene`an ;ers t17 health, property and safety of the pi.1b)i.c ,and o.L the building occupants. 3. Building Inspector's 17o, 3-7-1951 Owner ofProperty: Franc-as' �i ..a;s:�,er Thomas as !!dministratri-. of 7,177- _-E-FEE_-E-FEE E7 . l,xnco ri Tsar cer eceasec anFT7T.e en G. Lar ,,e Occupant: Geon{,e Kenne Exhibits 11-�t�H -E This is a frame building measuring 16' x 30' covered by corrusated sheet iron that could roughly be described as a warehouse. inside,, where was one room in which George Kennel resides. -he building was built and is owned by David Lynn, a licensed general contractor. Mr. Lynn is a graduate of Pomona College with a Master's Degree fro,,i the University of California. He taught Design' in the Art Department. Mr. Lynn is building his own home 1401" away. The subject structure has light framing of 2 x 41s. There are some 4" x 41' supports. This "warehouse" is used to dry lumber and also as a Contractor's shed to stone tools and materi -7- This building was constructed in outright defiance of the building codes. It was under construction when the Building Inspector told Mr. Allen to obtain 'a permit. Although it may satisfy the occupants' needs as an adequate wilderness cabin it is much too rustic to comply with the codes as adopted by the Board of Supervisors. The exposed toilet, the wood stove without adequate shielding and lack of adequate water service combine to make this structure substandard to the extent that it is a hazard to. the health, safety and welfare of the public and the occupants. 5. Building Inspector's No. 3-D-1952 Owner of Property: Francl arker Thomas as Administratrix "Sf t e EstateoF A. LIncoln-FREM. ec'eased: i—nd Helen G. Barker Occupant; Unknown Exhibits 10� t�o`ugh 10-D The structure was described as a tent platform. At the time of the field trip, it had been removed and was non-existent. 6. Building Inspector's No. 3-D-1.966 Owner of Property: Francis Imo.`-Barber Thomas as A dministratrix _Bf Me Mate »o A. Lincoln 95FRE. Deceased, an � en ar er Occupant: Unknown Exhibits 9-A Tit h .9-D When proceedings were commenced, a small "A" shaped building was on the site. At the time of the field trip, the described structure was removed and another small house structure erected in its place. No proceedings had been commenced against this most recent building. 7. Building Inspector's No. 3-+D-1953 Owner of Property: Franc 99rker Thomas Administratix of Me Estate of X. LIncoln Barker,, deFFaise 2G2 Helen G. BUM Occupant: Michael v. ma woo Exhibits 8-A t roug At the time of the original inspections, this structure consisted of a wooden platforms located on a hill with a grade of approximately 35% There was a tent occupying half of the platform,, the remainder had miscellaneous items including a large bathtub. At the time of the field trip a different structure had been erected, obviously constructed of scrap plywood and "patchwood" siding. There was no evidence of a water supply, outhouse or sewer supply. Mr. Peter Burgess testified that he has resided on this structure since dune of 1969. He is 21 years old and an apprentice carpenter. He was raised in Pleasant Hill and went to Canyon for peace and quiet. The structure as posted was in direct violation of the minimum requirements of the Building Code. The structure as it existed in 1970 with its unauthorized additions showed n cts 7 � R �MAY 10 1971 CONTRA CO-aTA COUNTY _ tt�iiPaCtOR ........................................................................................ _ wilding consists of 14' x 17' , one-room, dwelling. From the outside, the buil.di.ng has a ouaint "ginger get bread" appearance resul-ing from soli.t. shakes on the walls. The under;pin, pings arc heavy tsood beao The building 3.ac s. the folloz�Yin : Sho.,;er, lavatory, toilet, hat end cold_ runnin- -vo to , electrical wiring� connection to sewage disposal system anelnl.timb.i.ng facilities. An outhottse latrine was a:vaila:,le that was co=on to three other nearby residences. Beat was by rmeans of a wood burning stove that had inadequate insulation from combustible wall: materials. Because of the described deficiencies, this building is a hazard to the health and safety of its occupants and the public, 14. Building Inspector's No. 3-D-1954 Owner of Property: Roy C . an J G. Mo Ston and Blanche H. Mitchel Occupant: Sabra_ Fie 9st1ne Exhibits 12 ttir'oug ..B_ Mr. Bar;cer claims that he has been the owner of this property for ten years. There is some vagueness as to the actual tenant. In October of 1963, Nr. Taylor Sloan informed the Inspector that it was his residence and that Mr. Tien Biggins was attempting to purchase it. .At the time of the hearing, Mr. Bob Bonaccorsi was the resident who had been living: there for seven months. This is a 10' x 16' , one-room, flat roofed building with walls of plywood and an overabundance of small paned windows. There is no foundation and there is an uninsulated asoma stove. The building lacks the following: kitchen sink, lavatory, bathtub (or shower) , hot and cold running, ,rater, plumbing facilities , sewage connection, electric power connection, and guard rail on a small. balcony. This structure has no redeeming features. It is a hazard to the health and safety of. the occupant and the public. 11. Building Inspector's No. 3-D-195$ Owner of Property: David C lou;a Occupant: Michael Exhibits 14-X Mroug i 4- -The structure consists of two buildings next to each other with varied construction of plywood, tar paper sides , and one wall of very small paned windows. It does contain a toilet bowl fixture in the building and it is reportedly connected to a septic tank. Thee is cold coater but no hot running water. There is no electrical lighting wash basin, bathtub or shower. The heating stave was improperly installed and created a fire hazard and the dwelling unit lacked sewage and plumbing facilities. The structure .is located on, relatively flat ground approximately 100 feet from the night-of-way of the Sacramento Northern Railway and is easily visible and: accessible by vehicle. This structure is a hazard to the health and safety of the occupant and the public. IE EVE APR 211971 CONTRA C;OS'A COUNTY } BU I LOI NG 1144PRCraa ................................................................................................................. _ .. .........................................................................................._ .................................................................................................. .................................................. 14. Building Inspector's No. 3-D-1979 Owner of Property: Estate ol Mar aret L,>dikson Occupants; Mr. & Mr-s-.77E. Frenc Exhibits 184, tHr-ougS 13-D This structure is on the side of a steep hill and varies from some of the others in that the siding and construction are more uniform. The underpinnings are set on concrete bases. Access is by means of a wooden ramp. The interior is heated by a wood burning stove inadequately insulated from combustible materials. There is lacking the following: Sewage and plumbing facilities, hot and cold running water, water closet, lavatory, bathtub (or shower) and electricity. The letterof October 1, 1969, from Attorney Robert A. Smallman, agreeing that the structures are a nuisance, also applies to this structure. The structure is a hazard to the health and safety of the occupants and the public. 15. Building Inspector's No. 33 16. Building Inspector's No. 3-D-1989. Owner of Property; John 1-7 aM&Tarbara G. Myatt Occupant: unknown Exhibits 1 t ough 15-D (2) These are the structures described as tree houses. Structures 3-D-1988 and 3-Dw1989 were built as a tree house. It dues not conform to the code requirements relating to plumbing, water, electricity and heating. Likewise, it does not comply with the constructural requirements relative to materials and their use. There was no evidence that the premises were being used for living quarters or as a residence. T'he "house" was on two separate levels, the first being approximately five feet above grade and the upper- approximately 14 feet. There were no railings or safety devises making them unsafe for any child or adult that may use them. When the Hearing officer climbed to the first deck, it was apparent that the flooring and steps had noticeable "give." Neither the Dearing Officer nor anyone in the inspection party saw reason to assume the apparent, risk of climbing up to the second floor of the tree house. This structure endangers the safety of the public., From the foregoing findings, the clearing Officer concludes and recommends as follows: R1EC MR/E MAY '1 :31971' DDi CONTRA COSTA COUNTY BUILDING IIVBPIacTojq l y _10- 12. Build' n3 Inspector's No. 3-D-1977 Owner of ,?roperty: Estate 0 argaret Lydiw,sc�n Occul-�ani: N• . cri. .: ,'.3.",�s. t';'r � `:: N Exhibits itS This small cabin presented an appearance of assorted windoirs , of various sues and construction, from large panes approximately 2' x 3' to small leaded windows. The buileli.ng lacked the following; Shower, Lavatory, toilet, hot and cold running water) electrical wiring, connection to a sewer systems.. There was an outhouse type of latrine available that was shared by three other residences. The slope of the grade to the building directed surface waters onto the earth floors. The wood burning stove and pipe were dangerously close to combustible wall materials. The total living space was 380 cubic feet which is less than the minimum permitted by the Code. This structure is a hazard to the health and 'safety of its occupants and: the public. There was received in evidence Letter dated October 1, l9t)9 from. Robert A . Smal.lman, the Attorney for the estate of Mar.a:ret Lydikson. He agrees that the nuisances do exist' but Haat tie structures were erected by trespassers without authority and that he would like the buildings removed and since the owner did not create the nuisance, Mr. Smallman objects to the cost of removal being imposed as a lien. 13. Building Inspector's No. 3-D-1975 Owner of Property: Estate oT Pargaret Lydikson Occupant.* Mr., & Mrs'. „o .n Lawrence Exhibits 2 -A t roug -? This is a one-room 1.2' x 16' cabin, walls of wood tongue and groove, slanting roof. It is erected on a slope with the under- pinnings set on individual concrete bases. It contains a large wood burning­ range which the Building Inspector states creates a fire hazard. The structure lacks the following: Hot running water, sewage and plumbing facilities, connection to available electrical power, water closet, lavatory, bathtub (or shower) . Water is furnished by means of a 5'0--gallon drum located at the rear of the building. The letter of October 1, 1969, from Attorney Robert A. Smcllman, agreeing that the structured are a nuisance also applies to this structure. The non-existing water and .plumbing facilities and the hazard of the range snake this structure dangerous to the health and safety of the Occupants and the public. APR 21 1971 CONTRA coLi'-A COUNTY �WtrDiVo ttrl�l��CT�'iR' :. -12- Conclusions: 1. The; following designated structures are unsafe buildings and, nuisances under the provisions of the County Building Codes. Those structures referred to in the files of the County Building Inspector numbered: 3-D-1964 . 3-D-1956 3-D-1953 3-D-1951 3-D»1955 3-D-1954 3-D-1958 3-D-2977 3-D,-19 78 3-D-1979 3-D-1988 3-D-1989 After due and proper notice, the owners of the above described structures have failed and neglected to comply with notice to repair, rehabilitate', demolish and remove said buildings 2. The following designated structures are not unsafe buildings and nuisances under the provisions of the ,County Building Codes. Those structures referred to in the files of the County Building Inspector numbered: 3-D-1948' 3-D-1949 3. Structures that are no longer in existence are 'those referred to in the files of the County Building Inspector numbered: 3-D-1966 3-D--1952 Recommendations: 1. That the Honorable Board of Supervisors order the Building Inspector to proceed with demolition and abatement as specified in each respective Notice and in accordance with the provisions of Section 203 of the Uniform Building Code, 1967 Edition, Vol. I as to the following designated structures: 3-D-'i9 64 3-D-1956 3-D-1953 3-D-195 . 3-D-1955 3-b-1354 � - .. n 3-D-1958 FP_Ti�yI , 3-D-1977 3-D-1978 MAY 101971 3—D-1979 CONTRA C`(Jo i re r.;t3#J NTY 3-D-1988 BUILDING INSPECTOR 3-D-1989 2 That there be no demolition of the structures designated as.- 3-D-1948 s:3-D-1948 3-D-1949 and that any existing or continuing violations of the building codes be considered as udademeanors or violations subject to Court injunction. Respectful ty ,,.ubmitted, f-Da id J bevy Hearin ., fice DJL:,j g cc: Mr. William Bennett Attorney at Law RAFR ��}� � Mr. Arthur W. t]alenta, Jr, 2 11971 Deputy 'County Counsel CONTRA COSTA COUNTY SUILDINQ> INSPECTOR F.. •e � tom.".; .:f 1 {Mater Brothers' I1 EXHIBIT *B* • Those parcels of land in the County of Contra Costar, State of r Califoarnia$ described as follows: PARCEL ONE Portion of Lots 3 and 6 in Section 23, Township 1 South, Mange 3 l4erst, Mount Diablo Base and Meridian, described as follows s 1 of 'Tract No. 2 Rancho � Commencing at a paint on Course No. , Laguna ©e Los Palos Colorados, which point beaus south 44' 451• east„ � 139.3 feet from Corner No. 1 of said Tract No. 2, Rancho Laguna t Los Palos 'Coleradescs thence north 231.2 feet to a point in the north- eastern line of the right of way of the Sacramento Northern Railway, the point of beginning; thence north 210 07 1/2'' east, 543.46 .feet; thence north 296 32 1/'2' west, 27.81 feet; thence north 46.6 feet'; thence r, south 45* 4411 east, 47.55 feets thence north 21" 07 1/2' east, 1t39.8'> feet. .4 to a point in they south line of the subdivision entitled Moraga Redwood Heights, a map of said Moraga Redwood Heights has been filed in the: office of the Recorder of Contra Costa Ccsunty, California; thence east along said south line of said Moraga Redwood Heights, 312.9 feet r • , to an iron pipe; thence south 108.6 feet to an iron pipe; thence south 74' 31' east,; 374.4 feats thence south 300 24' west, 474.08 feet; thence <` west, 120.9 .feet to an iron pipe which bears north 143.43 feet from the northeastern line of the right of way of the Sacraments, Northern Railways thence south, 143.43 feet to the northeasterly line of the right of gray Of the Sacramento Northern Railways thence westerly along r; the said northeasterly line of right of xray, 713 fest# asora or lesep to pont of beginning. t PARCEL TWO Portion of Lots 3 and 6. Section 23, Township 1 South, Stange 3 West, Mount Diablo Bare and Meridian, described as f+ol.lows t Beginning at the center of Section 23 of said Township and Ranges { ' thence from said point of beginning along the east line .of Lot 3 of }. said Section 23, north 00 14 1/21 west, 1311.3 feet to the northeast corner of said Lot 33 .thenee along the north line of said Lot 3, south 890 1'9' west, 238.3 feet to a point in the east line of Tier 3, Moraga Redwood Heights, a map of which said Tract was filed in the office of .r the Recorder of the County of Contra Costa, State of California, on May 20, 1912; 'thence along the east line of said Moraga Redwood Heights# . !-- south 290 081' west, 264.4 feet to angle point in the east line of Lot 13. Tier 3, Moraga Redwood Heights, which point bears south 29' 138' west, 10 feet from the southeast corner of Lot ll, Tier 3, Moraga Red* woad Heights; thence north 69'" 081' east, 6 feet; thence south 46' 291 east, 64.5 feet; thence south 15'' 55' went, 27.7 feet; thence south 59. 49' west, 47.6 feet; thence north 51* 1341 west, 90.1 feet to a • point ltd feet south of the south fine of Moraga Redwood Heights; thence south 190 f3$• west, parallel with and 10 feet south of the said south .lute of Moraga Redwood Heights. 124.8 feet; thence south 16' 138' west, 57*1 feet; thence north' 73` ''52' west 78.8 feet; thence south 7. $21 east, 33.2 feet] thence south 18. 88' west, 22.5 feet; thence nor th ' 15s west,, 55.5 feet; thence north 42. 331 west, 34,7 feet to the east line of the, land described in tom' dead from Slug , 71 /321, 2 � w f.,. ..... ... ... _. _ . .... ..r _ .. ._ • i� i f s r t u . • f fs s E, Wood, et ux, to Edna Hay Frost, dated October 17, 1929 and recorded � October 23, 1930 in Volume 249 of Official Records, at page 272; then** south 180 08' west along said east 'line, 45 feet; thence south 77• 24'' west, 111 feet to the northeast corner of the parcel of land firstly described in the deed from Ellis E. Wood, et ux, to Watsche Bosma Moarbeek, dated October 16, 1929 and .recorded October 21, 1929* � in Volume 179 of Official Recoras, at page 475; thence south 150 38' � west along the east line of said. Moerbeek parcel (179 OR 475) , 50 feet , to the; northeast corner of the parcel of land secondly described in S s said deed (179 OR 475) ; thence south 11'' 021 east along the east line of said secondly described parcel, 34.4 feet to the northeast corner of the parcel of land described in the Decrees Quieting Title, entered under Action No. 39657, in the Superior Court of the State of Calif- ` ornia in and for the County of Contra +Costa, entitled Cathryn L. Allen, � et al, plaintiff, vs. Jewel R. Mercer, of al, a certified copy of which was recorded January 7, 1448 in Volume 1163 of Official Records, � at page 483; thence along the exterior 'line of said parcel south 108.6 feet to an iron pipe; south 740 31' east, 374.4 feet; south 30* 24' west# 474.08 feet; west 120.9 feet and south to the northeast line of f + the San Francisco-Sacramento, formerly the Oaklandt Antioch and Eastern w Railway right of way; thence southerly along said right of way on a .; curve whose radius is 1587.08 feet, 209.3 feet to the southwest corner of the property now or formerly of W. Selrose; thence north along the f' west line of the lands of W. Selrose, 303.59 feet to the northwest I corner theredf7 thence east 199.34 feet to the northeast corner of lands now, or formerly of Anna Tennant Burnol thence south along said f }�. Burns' east line, 59 feet to the south linty of said Lot 3, Section 23, { • Township 1' South# Range 3 West=' thence along said south line of said Lot 3, north 88. 53 1/2' east, 471.14 feet to the point of beginninq. t EXCEPTING FROM PARCEL-TWO s ' 1- That parcel of land conveyed by Ellis E. Wood, et ux, to Fannie So Martinez, described' as follows; Commencing at the center of Section 23, Township 1 South,. Range t " 3 West, Mount Diablo Base and Meridian# running, thence south 88. 57'' 30" west, 471.14 feet, more or less, to the easterly line of the lands t now or formerly of Annan Tennant Burrs' thence north along said easterly line, 32 feet; thence north 88* 570 30" east, 471.14 feet, more or less to the north and south center section line of said Section 23, and thanes ,. south 00 14' 30" east 32 ;feet to the point of beginning. 2- Portion of Lot 6 of Se 11 23, Township 1 South, Range 3 West Mount' Diablo Base and Meridian, acri.bed as fol lows z ' Beginning at a point on the northern line of the right of way of the San` Francisco-Sacramento Railway which bears north 45'" west, 18.8 feet from the 'southwest corner of the property described in the deed from L. H. Jones, 'et ux, to W. Belrose, dated June 16 19130 and recorded August 4, 1913 in Volume 245 of Deeds, at page 437, run - ping thence north 90 feet to a point; thence west, 40 feet to a point; thence south, 50 feet to a point in the north line of the said right .` Of way of the Sen. Francisco-Sacramento Rail.wayl thence by a curve to the fe3ft, radius 1587.48.teat along said north line of said right of Way of #ho san, lira iscar PALIW&Yr 5 .1 feet tisk the point of beginning r ,.2-e i