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HomeMy WebLinkAboutRESOLUTIONS - 09102004 - 71-327 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Re: Abatement, property of } } RESOLUTION No.11Z227 Michael J. Westling } )Resolution of Nuisance & Abatement } Building Inspector Abatement } (Cal.Adm.Code 517414 .5) #3-.D- 19!ja ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. This Board's records shoe 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 17414 et sect . 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 notih the owners thereofhat 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 Hoard 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 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 Officer;, and after hearings on this case and related matters the Hearing Officer filed his corrected report with this Board, a copy of which, marked "ExhibitA` 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 11 -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 pasted 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/car improvement(s) are located. PASSED AND ADOPTED on , AW:1p RES'OLUT'ION No . 71./32'7 CONTRA COSTA COUNTY NEARING OFFICER DAVID J. LEVY April 20, 1971 DIRECT CORRESPONDENCE: CONCORD 9LV0. AT GRANT 6TRZ9T C}.VtL SERVICE HEARINGS: CONCORD. CALIFOR:NiA 04520 ROOM 108. ADMINISTRATION SLOG. PHONIC 6®'3.2440 P.O, BOX 791 $i.is "A" PHONE CALIFORNIA 94553 EXHIPHONE 413.228.3000, EXT. 20t1 RETIREMENT BOARD HEARINGS: ROOM 102. FINANCE BUILDING MARTINEZ. CALIFORNIA 84533 PHONE 415.229.3000. CXT. 2301 Honorable Chairman and Members Contra Costa County Board of Supervisors l '` County Administration Building Martinez , California �I� 1 ; FkV. T. PAACOH RE: CAPYON ABATEMENT PROCEEDIRGS CLEFAK 00AA0 OF SUPEMSORS GON RA CEb5 t u> epr�rt o Hearing Er 'icer v _'< 2ri„t:tlta 'S fnrr' 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. Valenta, 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 utmost 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 3-or a complete transcript of the proceedings. All parties -were permitted to testify and to present witnesses and relevant evidence. In addi- tion, the atearing 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 3 t _..._._........._ ......... ._ . .................. ........ .. .......... ......... -2- with "Novice of Substandard Building,." The notice contained a list of alle ed deficiencies , a description of t1le real property a-nd evidence of service either by mail or personal delivery. There was similar evidence of postin "Notice to Abate Nuisance" on `t: 2e respective parcels. Without ad-mittin the allegations in `he 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 proceedinus 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. RESPON'DIENTS I (RESIDENTS & PROPEPM 4I,NEP,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 dere 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. 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) actin; through Pr. Walenta, Deputy County Counsel, filed a general argument in response to the position taken by Respondents. Ile argues that no building permits were issued for any of the buildings and that all of them have long lists of deficiencies. Ile describes the Respondents` conduct as an attempt to harass, hamper and intimidate the County to keep it f'ramn anZoreing in Canyon the coda provisions that apply to the rest of the County. During the hearings, the residents made similar charges that the County end 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. _ EID711, RAPR2i1971 tzl 4q" CONTRA COSTA COUNTY BUILDING INSPECTOR . ....._.. ...._ . _ ..... ....__._ ..... __ _ .. ......... ......... ......... ......... ......... .................................................................... -3- Mr. 3-Mr. Bennett, Attorney for the residents and homeowners, did not file a written argu-meat. '{ Considerable 'ft°motio`i"IS. were aroused f y ti'le{..]LTiVC'.J' t1,�j,@,t-_T Dns leading ui to the abatement �7; ovoL'd�i2 ;r, An µutomob le , ,7;niL..«oi'1 key of a Deputy Building Inspector vas removed from his car and an ned.auto- obile ignition mire was removed. Later tl�e i nition icer v7as retur 4n another date, in 1960' two County vehicles had the air removed from seven tires and the innition wires removed. Nails were d:;iven 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 ho ur 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 rained 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 la'borin- carpenters through the professions of engineering, and teat,ging. 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 testi:Ued, 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 t ESP01,TDENTS Separate rom considering the individual sites, it is possible to rule on the Rcspondents' legal objections. I. 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 H structures are a nuisance. o 3. Evidence of illegal searches or seizures was insufficient t C" to matte the evidence inadmissable. t r.•+ Z cQ 8- 4. The applicable ordinances are not being applied discrimi- ac o Z 1 natorily. Q. a 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 sl�e.cifically to the abatement proceedings before the Board of Supervisors. Vo recommendation or opinion is expressed relative r3 - 4 - 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 [12:1 Owner of Property: Canyon Water Brothers D Occupant, Resident or Builder: Barry Smith � MAY 10 19 71 Exhibits 2-A through 2-D CONTRA COSTA COUNTY BUILDING INSPECTOR _5_ This is an interestin structure Glade completely o:L Larne 4 X 81 sheets ofl5,77ood 'bolted to,,�ct—hc:i to form .three -codesic C?ou,es. Originally, the `uil.din" Inspectors: of?served sleepin', inside these cloF11--s. lla,,Vevel: , L ie:a:f:. was 'no water, food, Uo lct �c Gil.-• ivies or other evidence that anyone was residing in these The large openin-s in the plywood would make the buildings untenable for livin . There is insufL"icient evidence to show that this structure was used or will be used for a habitation. Under the definition of substandard buildings , Section H-1001 , it is the opinion of the Hearing 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. Z. Duilding, Inspector's No. 3_D-1964 Owner o:L Property: rarvon Water Brothers Occupant: Thomas too-his Exhibits 5-A t. roug h 5-D 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 kitchen sines, 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 Mass were out. Heating was by a small wood stove that was located close to combustible ,mterial. The stove was not properly vented and was described by the Building Inspector as a :dire hazard. The roof had a plastic material to keep out the elements. There was evidence that someone had been residltng in the building. There was no provision for disposal of waste water. Hr. Thoraas Earl Voorhis testified he was the builder. He identified his occupation as a telephone engineer. lie resided in the building to "get away from the mechanical society." He 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. Waste crater 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 .tactors. It is a hazard to health and �safety of its occupants and the public. IELa V 3. Building Inspector's No. 3-D-1949 D Owner of Property: ranyon 1 er Brothers RAP 1 1971 Occupants: Georc-e I e arer and Sallye rer Exhibits 6-A t roue -G CONTRA CajTA COUNTY sutLDINO MMCTOR In September of 1969, when first observed by the. Building Inspector, this structure presentred a single geodesic dome in the course o:L construction. Ii 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 showed considerable more development and to the inexperienced eye of the Hearing Officer appeared to be sturdily and well built of solid . ......................................................................... . ............................................. -6- materials. The Building Inspector; cited numerous exar;>ples of a failure to Ulect the minimum Standards of the Uniform Housinn, Code. In comparing the photographs taken at she time of posting,, notice ow standard building and the :yield trip inspection, there were numerous 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 ant oval. of their construction. They took all the preliminary steps necessary to build a sewer treatment plant to satisfy sexier 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. ro«i the desire and determination of the occupants, it is the Hearing 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 TY: iirkez Thomas as Admi.nistra.trix 37 t -ie Z state o� T: nco n BarEer eceased an,cT TTeTen r,. 11ai -er Occupant: Dirk Allen an ;R -e This is a cane-room cabin. When the Building Inspector first observed the site, the cabin was under construction. He advised Lhat a permit, was necessary, nevertheless , construction wa.s completed. Water service was by plastic pipe, no termite protection, no ho : and cold running eater, no water closet, no bathtub, no sSm er 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 decd~ railing required under the Code was not present. The occupant, Mr. Dirk 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 feet down 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 plywood over studding. There is some tar paper and redwood siding. R7GMT"- D , R 2 1197`1 7 i. / u¢ CONTRA COtiTA COUNTY ru��.��r,a �Naw�cra:K -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: France 3irker Thomas as Administratrix of Erie Estate o znco n Barker eceased and Min G. Barker Occupant: Unknown Exhibits 1t-=trough 10-D The structure was described as a tent platform. At the time of the field trip, it had been removed and was noes-existent. 6. Building Inspector's No. 3-D-1966 Owner of Property: Francis°"H�Barker Thomas as Admini.stratri oF M Estate of A. Unco n ar' er eceased and Helen G. Barker Occupant: Unknown Exhibits 9-A t rough .9-D When proceedings were cotiirmenced, 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: Francs H. girker Thomas A dministratix of t e state o LincolnBarker, ecease anil Hilen 'G. BaFRer Occupant: Michael ma' woo Exhibits 8-A tHrough EMB At 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 reqquirements of the Building Code. The structure as it existed in 1970 with its unauthorized additions showed n - cts MAY 1d1971 CONTRA CWTA COUNTY _.. .. ........... _ _ _ _ ......... ......... ......... ......... ......... ......... ......... .................................................................................................... describec` by t1he wns , c :or. Due to lack o:1- sanitary conditions io:"s , 1='l*ixT'.in:1 wz t:c and toile,--` r G7.�:Lt%fes , the � is ileL7:,n- i c"i. shacka-L: container, inadequate sanitat-ion znd structural hazards. The T uildin �:nean-ers � '�a �le-11t i , property and safety of the public and o-l" the uuileing occupants. G. Building Inspector's 17o. 3-D-1951 Owner of Property: P, ands`` fl .. er Thomas as Ar. m nistrat. x of t, hs4ate ref a.ncc 'err ger cSecas anTle en Occupant; George !'K 1-1ne lrxha.'uts ll�tl;rougt� , �-E This is a frame building measuring 16' x 30' covered by corruated sheet iron that could roughly be described as a warehouse. inside there was one room in which Geon, Kennel resides. The building was built and is owned by David Lynn, a licensed general contractor. Mr. Lyne is a graduate o Pomona College with a Plaster's Degree fro,-a the Universi y of-' 'California. He taught Design in the Art Department. Mr. Lynn is building his own home 104' away. The sub; ect structure has light :gamin; of 2 x 41s. 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. 11"ennel., 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 woad burning stove, lacks toilet and sewage facilities no plumbin , no electricity. He feels the space is adequate and he claims it is not intended as a residence. By letter to the Beard of Supervisors dated May 14, 1969 , thebuilder, Mr. David Lynn, admits that the structure should be abated for failure to conform to the building code. He 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. lie 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. Kennel. 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 livin,, 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-19515 Owner of Property. R0I17 C. anc .G J.G. Mo stop and>_Blanche M. Mitchell Occupant: Timothy J. �- Exhibits 1:�=`A t�'n�r�oug�:i`13-E 9 2� APR 211971 LU CONTRA CWTA GJUNTY /3 2 SUiLDiNG 1NSIVULCTOR -13- .... and z3- and that any existing or continuing violations of the building codes be considered as misdemeanors or violations subject to Court injunction Respectfu711y �*ubmitted, all�k David J. A evy Hearing ©"fine DJL:jg cc. Mr. William Bennett Attorney at Law �� �����. E � Air. Arthur W. Walenta, Jr. AFF Z 11971 Deputy County Counsel CONTRA COSTA COUNTY BUILDING INSPILOTOR ' E . ................................................................................_....................................................................................._........................................................................ ...... -9.. Building consists of 141 x 171 , one-room, dwelling. From the ou::s .de, the building has a quaint "ginger bread" appearance resuLL-ing from split shakes on the malls. The underpinnings are heavy wood beams. The building lacks t,.-ie fol.l.o�,,ing: Shooter, lavatory, toilet, hot and cold rzxnn n water, electrical airing, connection to sewage disposal system and plumbing facilities. An outhouse latrine was available that was coTrnon to three other nearby residences. heat was by means of a rood burni.nZ stove that had inadequate insulation from co,-6bustible wall mateyials. Because of the described deficiencies , this building is a hazard to the health and safety of its occupants and the public.. 10. Building Inspector's No. 3-D-1954 Owner of Property: Roy C . anc0J C. mo stun sand Blanche !,�. Mitchell Occupant: . Sabra Fieldstine Exhibits 12- t.-�rauga --1: M'r. Barker claims that he has been the owner of this property for ten year,. There is some vagueness as to the actual tenant. In October of 1963 , 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 101 f x 1G 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 sing, lavatory, bathtub (or shower) , hat and cold running grater, 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: David­Mouill Occupant Michael J. , est In Exhibits 14--X t roug -Tine 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. There is cold water but no hot running water. There is no electrical lighting, 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 1s located on_ relatively flat ground approximately 104 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. + 1 7 � /327 APR 211971 CONTRA COSTA COUNTY sui6atr a 00PIL".?CSR .. ......................................................................................................................................................................... _ .._._.................................................................................................................._........ . ......................................................................................_..._ ...............___. _10- 12. it in Inspector's No. 3-D- 3977 OT'Tiler of2iProperty: Estate or;araare�_ Ly i.'tson occupant: �'r E,.: '.Y.L.3. ~SG.L i-.l-V._''..^ 1. onrn .....� L'xt31.b1,%S �L't1:CC�7 .��"3w 1 This s-mall cabin presented an apneararce of assorted windows , of various sizes and construction, from large panes approxiniatel ' 2' x 3' to small leaded zvjindows. The building Jacked the following: Shower, lavatory, toilet, hot and cold rennin; water, electrical wiring, connection to a sewer system. There was an outhouse type of latrine available that vas shared by three other residences. The slope of the grade to t`:,Ie 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, 1969 fro..-i F obert A. Smallman, the Attorney for the estate of Nargaret Lydikson. He agrees that the nuisances do exist but that the 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..n-1973 Owner of Property: Estate o� la.r-area Lt di son Occunant: Mr. & ikrs. To-FE Lawrence Exhibits 17--A tFirougH This is a one-room 12' 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 good burning range which the Building Inspector states creates a fire hazard. The structure lacks the following,: Hot running water, sewage and plumbing faciliti+es, . connection to available electrical power, x�later closet lavatory, bathtub (or shower) . Water is furnished by mean, of a 56-gallon drum locatedat the rear of the building,. The letter of October 1, 1969, from Attorney Robert A. Smallman, agreeing that the structurep 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 1E APR 211971 r CONTRA CWTA COUNTY ............................_ ...... ................... 14. Building Inspector's No. 3-D-1979 Owner of Property: Estate of Margaret L dikson Occupants: Mr. & Mrs. . E.—Frenc Exhibits 18-7C, trirougH 19-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 woad 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-U-1988. 16.. Building Inspector's No. 3-D-1.989. Owner of Property: John 17—a--n——Barbara G. Wyatt Occupant: Unknown Exhibits 15=A `tHrough 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 feat. 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: RMAY : 41971DD', CONTRA COSTA COUNTY BUILDUNG iNSPSicT*R on uJ 1111.....................1111 1111......-1111 -........................ .......... ......... ......... ......... ............ .................. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .....1111...... .1....1 1...1.... .. ........ ...1 .1 1 1........ ....1111. r12- 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-1977 3-D-1978 3-D-1979 3-D-1.988 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-1964 3-D-1956 3-D-1953 3-D-1951 3.-D-1955 3-D-1954 3-D-1958 3-D-1977 RMAY 141971 3-D-1978 3-D-1.979 CONTRA Co.ai,- cuUNTY 3-D<-1988 13UILDING IN$PECTOR 3-D-1989 2. That there be no demolition of the structures designated as: 3..D-1948 , 3-D-1949 a�f ........................................................ (Cloud) EXHIBIT B REAL PROPENITY in the County of Contra Costa, Unincorporated, State of Calii'ornia, deacri.bed as follow i PARCEL ONE: M ON of the west 1/2 of the southeast 1/4 of Section 23, Township 1 south, Range 3 .west, Mount Diablo Base and Meridian, described as follows: THAT parcel of :land described, i6 the deed from Geo. W. Austin, et ux, to Maria Bohan, dated May 2, 3.91.2 and recorded May 16, 1912 in Volume 179 of Deeds, at; page 581, as follows: "BEGINNING at a point on the northadsterl.y boundary of the lands of Oakland and Antio-h Railway from which corner station No. { 3 of the boundary line or Tract No. 2 of the Rancho Laguna De los Palos Colorados bears south f�i f t;y nine and eleven hundredths (59.1l)- feet, distant; thence north Three Hundred and fifty seven (357) feet, thence east six hundred thirty-four and forty eight hundredth: ('34.48•) feet to the East boundary .line of Lot No. 5, Section 23, T. 1 S. A. 3 W.', M. D. B. M,, thence S. 0021131" E., along said East Boundary line eight 'hundred ninety two and forty nine hundredths (892.49) feet to the above mention northeasterly boundary of lands Of Oakland and Antioch Railway; thence N. 50*051 W. , along said north easterl boundary eight hundred thirty four and fifty two hundredths . (834.52T feet to the point of beginning. " EXCEPTING FROM PARCEL ONE: I- Any portion thereof lying within the parcel of land t described in the deed from George H. Lydiksen to Margaret A. T-. Lydiksen dated December 9, 1914 and recorded December lu, 1914 In Volume 238 of Deeds, at page 114, described as follows: "Commencing at the point of intersection of the southerly bine of land formerly of Margaret Bottomly and the western line of lands deeded ty Margaret t Bottomly to Michael Bohan, thence runninv westerly along the souther-ly line of said lands of Bottomly four hundred and fifty (450) feet, thence northerly and parallel with the westerly line of said lands of Bohan four hundred and eihty (480) feet and thence easterly and parallel with. said southerly line of said lands of Bottomly four hundred and fifty (450) feet and thence southerly and along the westerly Line of said lands now or formerly of Bohan Four hundred and eighty (480) feet to the point of beginning." 2- That portion thereof lying within the parcel of land described, in the deed from Isaac Bottomly, et ux, to Albert Vander Naillen Jr. dated June 29: 191+0 and recorded June 30, 1910 in Volume 153 of Deeds, at page 635, .as follows: "commencing at a stake at the southwest corner of Ten Acre Tract owned by M. Behan; thence S. 5u*laf W., One and 74/100 (1.74). Chains to Station Three W, on the grant line or the Rancho Los 2 f q. r r ... .......... ... ... .... „ .. .. - 2 - Polos. de Col.orados Tract No. Two (;r�2) said point being also on the • southerly Boundary of lands owned by isaac Bottomly; thence S. 46* • 301 E>. , Thirteen and 32/100 ( 1.3.32) Chains to a point which inter- sects the East .Boundary of Lands owned by the said Isaac Bottoml.y; thence north two and 66/100 (2.6u) chains along said ifcst boundary to a stake denoting the southeast corner of Ten Acre Tract owned by M. Bohan, thence north 49041f 11. Eleven and 34 j1v0 (11 .34) chains along south boundary of said Ten Acre Tract owned by M. Bohan to paint of beginning. Said parcel of land containing 0ne and 20/100 (1 .20} acres after having; deducted One and 21/130 (1.21) acres occupied by the County Road." 3 EXCEPTING FROM PARCE4 ONE: Any portion of the premises lying within the parcel of land described in the deed from Maria Bohan to Oakland and Antioch Railway, dated. December 30, 1911 and recorded January 17, 1912 'in Volume 175 of Deeds, at page 326, as follows: "A certain strip or arcel. of Land situated in Lotunber Fine (9) Section twenty-three tsec . 23) Township one South (T. l S. ) , mange three West (R• 3W. ) M.D.B. & M. Said strip or parcel contains one and twenty five hundredths (1.25) acres, more or less, and is bounded on the hest by the westerly boundary line of land of the party of the first part, being the easterly boundary line of land of George H. Lydiksen, on the northeast by a line parallel with the center line of location for the Railroad of the party of the second part and 50 feet distant northeasterly therefrom, or, the east by the easterly boundary line of theland of the party of ;the first part which line is the westerly boundary line of land of one McNee, and onthe southwest'by a line parallel with the center line of location for the Railroad of the party of the second part and 50 feet distant southwesterly therefrom. The center'.line of location above` referred to is described as .: follows: viz:--Beginning at station 124-�$�b.5 of the survey for said Railway, a point in the westerly boundary line of the lands of grantor; thence south 50"081 east 734.5 feet to Station 132+19 of the Railway survey, a point in the westerly boundary line of the lands of McNee . Said party of the first part further: grants and conveys 0 the said party of the second part all her right, title and interest in and to a strip of parcel of land lying within 50 feet of the center Line of location above described and the prolongation thereof 100 feet northeasterly. " ` 4- That portion thereof lying; within the parcel of land descri.bed in the deed from George H. Lydiksen, et ux, to Christina Hufschmidt dated March 18, 1916 and recorded April 16, :x91.6 in Volume 263 of Deeds, at page 148, being the southerly 34 feet of lot 21, and the northerly 18 feet of lot 22, as designated on the map entitled "14ap of Alder Bell, Contra Costa. County, California", which map was .filed in the office of the Recorder of the County of Contra . Costa,' State of California,, -on-March 6, 1916- in Volume 14 of Naps, at page 298, 3 ♦ A w 'S r I� f 5- That portion thereof lying within the parcel of land ( described in the deed from George H. Lydikcsen, et ux, to E.W. i Hacke dated October 1, 1919 and recorded October 21, 1919 in Volume 348 of Deeds, at page 336, being, the southerly 24 .feet j of lot 22 and all of lot 23, as designated on the map entitled, "Hap of Aider Dei 1, Centra Costa County, California", which reap was filed in the of'f'ice of the Recorder of the County of Contra Costa, State of galifornia on March 6, 1916 in Volume 14 of Tugs„ at page 29 , . 6- That parcel of land described in the deed from George H. Lydiksen to Mary Vibla Buchan dated June 24, 1963 and recorded June 25, 190,5 in Book 4897 of Official Records of Contra Costa County at page 272, as folio-.4s: Commencing at a stake 334.Oreast of the southwest corner of a twelve acre tract owned .by George H. Lydiksen; said corner _.�,.. indicated as Sta. 3 of the Rancho Bos Palos de Colorados Grant line, said point being also on the southerly boundary line of Iands owned by George H. Lydiksen, thence 400.0 .feet. east along said .. "southerly line of land of George H. Lydiksen to a point which inter- sects the east boundary of lands owned by the said George H. Lydiksen, theme north,-,along- said east boundary '450 feet; thence west 300 feet; thence south 200 feet to the point of beginning. y i «i 1 w a