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HomeMy WebLinkAboutRESOLUTIONS - 09102004 - 71-325 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re : Abatement , property of } RESOLUTION No. 71.1325 Moyston, Kitchell, at al ) c/o Estate of A. Lincoln Barker, et )Resolution of Nuisance & Abatement al ) Building Inspector Abatement } (Cal.Adm.Code 5/7014.5) #3.-D--195,5 ) 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 VIII 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 notified 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 Board for the property owners to shoe 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 came on regularly for hearing by this Board as provided in the notice, and on November 12, 1969: this Board, 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 Of'f'icer, and after hearings on this case and related matters the Hearing Officer filed his corrected report with this Board, a copy of which, marked '"Exhibitk is attached hereto and incorporated herein by this reference. 4 . The Board today adopted 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 H--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 May 18 1971 AWW,1p RESOLUTION No. 711325' CONTRA COSTA COUNTY HEARING OFFICER DAVID J. LEVY April 20, 1971 DIRECT CORRESPONDENCE: CONCORD BLVD. AT*RANT STREET CkV3L SERVICE HEARINGS: CONCORD, CALIFORNIA 94520 ROOM 105, ADMINi9TRATION RLOO. FHON*665.2440 P.O. BOX 79t EXHIBIT "A" PHONE CALIFORNIA 94553 PHONE 415.229.3000. EXT. 2011 RETIREMENT BOARD HEARINGS: ROOM tO2, FINANCE BUILDING MARTINEZ, CALIFORNIA 86553 PHONE 415.228.3000, EXT. 2391 Honorable Chairman and members Contra Costa County Board of Supervisors County Administration Building Martinez , California �'1f W. T. pAACCH RE: CANYON ABATEMENT PROCEEDINGS CLERK E10ARD L PEPViSORS CONTF%A /+ eport O Fearing a Icer jar «r11ty By 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 ofutmost 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 for a complete transcript of the proceedings. All parties �-Yere 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 MD EN F[W APR ? 0,w °. r r ,t -2- with "Notice of Substandard Duilding." The notice contained a list of .alleged deficiencies , a description of the real pro-)ert; and evidence of service either b7 mail or personal delivery. There was similar evidence of posting "*.,,Totice to Abate Nuisance" on the respective parcels. Without admitting the allegations in . -e described notices , it was -stipulated on behalf of t'_:e 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 proceedings 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 ' KRESIDENTS & PROPERTY OIC NERS 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 o:" Canyon have the right to live their way of life unless the method of life is unhealthy or dangerous. G. 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_, riled a general argument in response to the position taken by Respondents. He argues that no building permits were issued for any of the buildings and that all of them have Long lists of deficiencies. Lte describes the Respondents' conduct as an attempt to harass, hamper and intimidate the County to keep it Frown enZoreing in Canyon the code 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. Both parties argue 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. D IE60 ffl APR 21 1971 ID CONTRA COSTA COUNTY /3) 2 5 BUILDING INGPECTOIR ........... _. . ....................................................... -3- Mr. Bennett , Attorney for the residents and homeowners, did not file a written argument. Considerable emotions Macre aroused by the investi,-,a ions leadin up to the abatement proccedin s. An key of a Deputy Building Inspector was removed from his car and an auLo- mobile ignition wire was removcd. Late:: the ignition key ..2as returned. On another date, in 19\3 tv-o County vehicles had the a-r removed from seven tires and the ignition wires removed. rails were driven into automobile tires resulting in flat tires. On one occasion, a camera was removed from the Inspectors ' automobile but it was returned. A resident carried a shotgun on occasion, however, there was no direct threats with it. On 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 buildings. 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 to cling. All the occupants were relatively young with none appearing to be over 40 years old. I.Tith the exception of the public officials who inves- tigated and testi�ied , there was no direct evidence of complaints against the structures from the immediate public or residents in the neighborhood. RESPOHS E TO LEGAL ISSUES RAISED By RESPONDENTS Separate .:roM considering the individual sites, it is possible to rule on the Respondents' 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 Zrt structures are a nuisance. © 3. Evidence of illegal searches or seizures was insufficient to make the evidence inadmissable. CQ 4. The applicable ordinances are not being applied discrimiw W V z natorily. da 5. The residents of Canyon have the right to live their own Z m way of life so long as it is not. in violation of applicable v laws and ordinances. 6. Conservation of natural resources is not an issue for or against- the Respondents. The discussions and recommendations made in this report are directed specifically to the abatement proceedings before the Board of Supervisors. v o recommendation or opinion is expressed relative 7 11 ...._.. ........ .._...... ......... ......... ........ ......... 4 w - to misdemeanor violations of the building codes 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 paved county road described as Redwood Highway. The area is zoned for residential use, minimum site size is one--half acre. 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 Inspector's No. 3-D-1948 Owner of Property: Canyon Water Brothers 1.G' Occupant, Resident car Builder: Barry ruth MAY *10 1971 Exhibits 2-A through 2-D : ,,� CONTRA COSTA COUNTY 3BUILDING INSPECTOR This is an interesting structure ride completely of lar-c 41 x 81 s neets of pli,,,00d bolted to-e i--be'i: to form t1h i:ee geodesic C.?o:1'.L'S. Originull T, the LS .Id."tn" Ii"1s?ector ol3Served sleepin; i. a—,s inside t1lese 010:11cs. 110-wever ,, i:'.3Ci"a was no water , food ) toilet t c it.ies or other evidence t1lat anyone was residing in these sLru1-_i u:.CC. The large openings in the plT,iood would ma>,e the buildings for living. There is insu-JI- icient evidence to show that this structure was used or Will be used for a habitation. Tinder the definition o'�: -12- Conclusions: 12- Conelusons 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-1977 3-D-1978 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 't,hose referred to iYt 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, 1957 Edition, Vol. I as to the following designated structures: 3-D-1964 3-D-1956 3-D-1953 3-D-1951 3-D-1955 3-D-1954 R j � 3-D-1958 3-D-1977 MAY '101971 3-D-1.978 3-D-1979 CONTRA CU.,f- uuUMTY 3-D-198$ BUILDING INSPECTOR 3-D-1989 2. That there be no demolition of the structures designated as: 3-D-1948 3-D-1949 ........................................................................... materials. The Building Inspector: cited numerous exan,.Dles of a failure to meet the minimum standards of the Uniform Uousin Code, In corparing the photographs takcn at the time ow posting notice o' standard building and the :"ield trip inspection, there were nu serous additions including a kitchen area , bathing and toilet facilities and the digging of what appeared to be space for a septic tank and drain field. The occupants exerted considerable effort to obtain app:-oval of their construction. They took all the preliminary steps necessary to build a sewer treatment plant to satisfy sewer requirements but they were unsuccessful.. The location of the structure is in an area that would 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- form" was very near code. From the desire and determination of the occupants, it is the Hearina Officer's opinion that they would do 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 welfare of the public or the occupants of the structure; 4. Building Inspector's No. 3-D-1956 Owner of Property; Francis I''� T;Parker Thomas as Adm nistratrix Sk tie Estate o A. Lincoln BErker,' eceased ancl T7eTen G. Bariter Occupant: lfirk Allen and jai -e This is a one-room cabin. When the Building Inspector first observed the site, the cabin was under construction. He advised .hat a permit, was necessary, nevertheless , construction, was completed. Water service was by plastic pipe, no termite protection, no hog: and cold running water, no water closet, no bathtub, no shower or lav"-tory. There is inadequate living, space. Approximately 40 feet array there was i a wash tub with a seat on t that was described as the toilet. IIeat 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. IIe testified he uses a large redwood tank for supplying water. The building has 'Istress graded wood" and for a foundation, he dug two feet down to solid rock and set wood beams on it. 'T'here is no electricity, no hot water. He used creosote under the structure for termites. The walls are plywood over studding. There is some tar paper and redwood siding. R2J R d 11971 CONTRA Co jTA COUNTY 1JUI DING INSPILOTOR ..................................................................................................... -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: Francis R. `Earker Thomas as Administratrix of the Estate oE A. UE35S Barker, aiceased, and Helen M Barker Occupant: Unknown Exhibits 10--A— rough 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-1966 Owner of Property: Francis K Barker Thomas as Administratrix of Me' Estate of A . Lincoln Barker, Deceased, ana Helen U. ar er Occupant: Unknown Exhibits 94 t rough .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's ff. t rker Thomas Administrati,x of t e Estate of A . Lincoln Barker., decease and Helen . garker Occupant: Michael V. Smallwood Exhibits 84 t roug - A t the time of the original, inspections, this structure consisted of a wooden platform 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 June 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 Cade. The structure as it existed in 1970 with its unauthorized additions showed n cts MAY 101971 8v0 Fxy :?m CONTRA C©aTA COUNTY describes' by the 'Dull.din- inspeci:or. Dtie to lack of sanitary ConCi 't: _ty:1S , 1:LI'."r n- ua"t:.e:t: ca.nd toilet- i r^C�.�" L� cs y file �tli�C'tinc� � S a shac% that con t l_ins inadequate dG-'qua sanies L ©:1 e.iiC't S truCt�2I"a L he�;ar('s. The i1"11 C> 11 , c.T::tc n-;eT»s t1ne health, property and sa e'ty of -he public and o:L the lbuildi.n; occupants. a. I ui.ldins Inspector's i?o. 3-0-1.951. Croner of i rC7faG': ty: T'7:an�3 S tj , ' "1 er Thomas c'!s Administrat::ix of _ W---- ...��--- the L State o.-� • 'r7.nco n lffa Cer C1secL:e SGC: an{ `:C' en G. l')arser Occuoant: Ceor-_e KennE' Exhibits 1L=Atbi o i1 --E This is a frame building measuring 16' x 30' covered by corrusated sheet iron that could roughly be described as a warehouse. .inside, there was one room in which George Kennel resides. The building was built and is owned by David Lynn, a Licensed general. contractor. 1,1r. Lynn is a graduate of Pomona College with a Master's Degree frv,�a the University of Caliwornia. He taught Design in the Art Department. Mr. Lynn is building his own home 100' away. The subiect structure has light ;:raming of 2 x 4's. There are some 4`' x 4`' supports. This "warehouse" is used to dry lumber and also as a Contractor's shed to store tools and materials. The building is 30' wide with a supporting wall down the center. The resident , Mr. Kennel, is an architect and city planner. He attended Harvard College, Harvard School of Design and studied design in Cambridge. The room in which he lives is 15' x 161 . It contains a wood burning stove, lacus toilet and sewage facilities , no plumbing, no electricity. He feels the space is adequate and he claims it is not intended as a residence. By letter to the Board of Supervisors dated May 14, 1969 , the builder, Mr. David Lynn, admits that the structure should be abated for failure to conform to the building code. Ise requested a five year delay to allow the premises to be used as a storage building while he builds an approved residence nearby. He offered to post bond to guarantee demolishing. He states that the residence use has terminated. However, in August of 1970, a portion of the building was still being used as a residence by Mr. Fennel. This structure is primarily a warehouse and contractor's store- room. It was not intended as a residence. As long as it is used for living purposes , it is a nuisance, since it is substandard in area and construction and a hazard to the health and safety of the occupant and the public. 9. Building Inspector's No. 3-D-1.955 Owner of Property: Roy C.a�`n .G. Mo stop and Blanche M. Mitchell. Occupant: Timothy J. Bx . ins Exhibits 13-A through 13-L ME R' APR Z 11971 CONTRA =i A WUNTY BUILDING 1149priCT01% -9- Building 9rvuild ng consists of x 17' , one-room, dwell in1*2 From the outside, the building has a quaint "ginger bread" appearance resulting, from split shales on the walls. The underpinnings are heavy wood beams. The building lacks t o following: Shoe?er, lavatory , toilet, hot and cold running water, electrical wiring, connection to sewage disposal system and plumlbing facilities. An outhouse latrine was available that was common to three other nearby residences. Heat was by means of a wood burning stove that had inadequate insulation from coi-nbustible wall materials. Because of the described deficiencies, this building is a ha-=rd to the health and safety of its occupants And the public.. 10. Building Inspector's No. 3-D-195 Owner of Property: Roy C . and J. G. ago Ston and Blanche 1., Mitchell Occupant: Sabra Fie s_xne Exhibits 12- t=�zoug -1 ME t,lr. Barker 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 1903, Mr. Taylor Sloan informed the Inspector that it was his residence and that Mr. Tim 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 1611 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 wood stove. The building lacks the following: kitchen sink, lavatory, bathtub for shower) , hot and cold running water, 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-1958 owner of Property: David7"MuZI Occupant: Michael 3 tlina Exhibits lir- t roug 7-5 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 tang. There is cold water but no hot running water. There is no electrical lightinU, wash basin, bathtub or shower. The heating stove 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 right-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. RAPA 211971 CONTRA COSTA COUNTY i U 1601NG 149P[CToR _...... ......... ......... ......... ........._.. .. _.......... ......... ......... ......... ......... ......... 12. Building Inspector' s No. 3-D-1977 Otne�: o ?ronerty: Estate ate o i'rarei Ldi��scrn -- ---- Occwant: T-`r. cc. 'F rs. "I'_ o:: S J.or.n Exhibits iC> uou j I 1(7, This sr:;.all cabin presented an appearance of assorted windows , of various sizes and cors'-ruction , from large panes approxiiiiately 2' x 3' to small leaded windows. The building lac'.:ed the following: Shower, lavatory, toilet, hot and cold running stater, electrical wiring, connection to a. sewer system. There was an outhouse type of latrine available that was shared by three other residence,. 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. `.she total living space was 330 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, 19.9 fro-..,i Robert A . Small.rnan, the Attorney for the estate of riargaret Lydd:son. Be agrees that the nuisances do exist but that the structures were erected by trespassers without authority and that he would lite the buildings removed and since the owner did not create the nuisance, Mr. Smallm n objects to the cast of removal being imposed as a lien. 13. Building Inspector's No. 3-D- 1973 Owner of Property: Estate o.� lar�aret Lydikson Occupant: Mr. S: Mrs. Donn Lawrence Exhibits 17--X t rou This is a one--room 12' x 161 cabin, walls of wood tongue and groove, slanting root:. It is erected on a slope with the under-- pinnings set on individual concrete bases. It contains a large wood burning z:ange which the Building Inspector states creates a fire h^zard. The structure lacks the following: Hat running water, sewage and plumbing faci.l.ities, , connection to available electrical power, water closet, lavatory, bathtub (or shower) . :Mater is furnished by means of a 50-gallon drum located at the rear of the building. The letter of October 1., 1969, from Attorney Robert A. Sma,11man, agreeing that the structures are a nuisance also applies to this structure. The non-existing water and - plumbing facilities and the hazard of the range make this structure dangerous to the health and safety of the occupants and the public. D TTF APR 211971 D ' CONTRA CWTA COUNTY ......... ........ ......... ......... ........ ......... ......... ........ ......... ......... ......... ......... ......... -13- and 13-and that any existing or continuing; violations of the building cedes be considered as rdsdemeanors or violations subject to Court injunction. RespectfuTPCy :r,ubmitted, )a its J. +�evy Hear inP' U *lice DJL:jg cc: Mr. t,,Iil?�.am Bennett R Attorney at Law Mr. Arthur 14. Walenta, Jr. APF 2 .i 1971 Deputy County Counsel CONTRA COSTA COUNTY BUILDING INSPECTOR ''I'll,................................................................................. ................. ...... .... 14. Building Inspector's No. 3-D-1979 Oweer of Property: Estate oF Margaret Lydikson Occupants: Mr. & Mrs. c. E—. French Exhibits 18-T, through 18-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 letter of 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. 3-D-1988. 16.. Building Inspector's No. 3-D-1989. Owner of Property: John L-77-n-d—Barbara G. Wyatt Occupant: Unknown Exhibits 15-A Mriough 15-D (2) These are the structures described as tree houses. Structures 3-D-1988 and 3-D-1989 were built as a tree house. It does 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. The "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 Hearing 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 Hearing Officer concludes and recommends as follows: I F-E-1 Fit W E i MAY 10 1971 DD"' CONTRA COSTA COUNTY BUILDING INSPECTOR ................... ...................................................................................................................... ..... ..... ...... .... .... ..... ..... ..... . .., ................................................ (Biggins) EXHIBIT B Those parcels of land in the County of Contra Costa, State of California, described as lollowst The following T parcels appear as Parcels in the Decree of Final Distribution recorded MayN21, 1948 in Book 1202 of Official Xecorda, at page 540, PARCEL ONE *Being a part of Section Twenty-three (23) , Township one (i) 3 East M. D. B. & M, and more- particularly described as follows: Commencing at a paint in the North line "of the Right of way of the Sart Francisco and Sacramento Railway which point bears north 500 05' east 990, 78 feet from the southeast corner of property deeded to Creed Shepardson by Myrtle Allen, recorded in Volume 397, page 83 of Deeds, Records of Contra Costa County, Cal, running thence North 39 degrees, 15 minutes east, 94.96 feet] thence North 50 degrees 05 minutes west 50 feet; thence South 39 degrees 55 minutes west; 94.96 feet thence south 50 degrees 05 minutes East 50 feet to the point of beginning. " PARCEL TWO *COI.NWENCING at a point in the North line of the Right of way of the San Francisco and Sacramento Railway which point bears north 50 degrees 05 minutes East 149.78 feet from the Southeast corner of property deeded to Creed Shepardson by Myrtle Allen, recorded in Vol. 397, page 83 of ' Deeds, of records in the County Recorder's office of Contra Costa County,, Cal. , thence north 39 degrees 53 minutes East 94.96 feet; thence north 11 degrees 45 minutes east '35 feet; thence North 30 degrees 56 minutes east 10 feet] thence south 51 degrees 22 minutes, west 105.5 feet; thence south 50 degrees 05 minutes East 65 feet to the point of beginning. SAVING AND EXCEPTING five feet along the northerly line of wifth within described property, an easement for Right of Way« SAVUG AND EXCEPTING also an Easement for pipe lines to convey water to the within and aid jacont P rtY. " . 4 i 7 1 /o 0