HomeMy WebLinkAboutMINUTES - 03312009 - SD.3RECOMMENDATION(S):
OPEN the hearing on the appeal of the Notice and Order to Abate a public nuisance on the
real property located at 1814 Taylor Road, Bethel Island, California in Contra Costa County
(APN: 028-110-003). RECEIVE and CONSIDER oral and written testimony and other
evidence from the county abatement officer, the property owners, other interested persons;
and CLOSE the hearing.
FIND that the facts set forth below are true.
AFFIRM the county abatement officer’s determination in the Notice and Order to Abate by
finding that a substandard residential structure, built on the levee and over the adjacent
waterway, with deteriorated/inadequate piers, pilings, floor support members and vertical
supports that lean and/or list due to deterioration on the above–referenced real property is a
public nuisance in violation of Contra Costa County Ordinance Code sections 712-2.004,
712-4.006, 712-4.014 and Uniform Housing Code section 1001.3.
ORDER the property owners to abate the public nuisance by removing the substandard
residential structure from the property within 45 days of the mailing of the Board decision.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/31/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:CONTINUED to April 7, 2009
VOTE OF SUPERVISORS
Contact: R.
Erickson (6-8846)
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: March 31, 2009
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: Katherine Sinclair, Deputy
cc:
SD.3
To:Board of Supervisors
From:Jason Crapo, County Building Official
Date:March 31, 2009
Contra
Costa
County
Subject:Diffenderfer appeal of Abatement Posting
RECOMMENDATION(S): (CONT'D)
DIRECT the county abatement officer to remove the substandard structure from the
property, and charge the cost of the work and all administrative cost to the property owners,
if the property owner does not comply with the Board’s order to abate the public nuisance.
DIRECT the county abatement officer to send the Board’s decision by first class mail to the
property owners and to each party appearing at this hearing, and to file the Board’s decision
with the Clerk of the Board of Supervisors.
FISCAL IMPACT:
The Cost of removing the substandard structure from the property is estimated to be
$17,500.00. If the county abatement officer performs the work of abatement and the
property owner does not pay, the actual cost of the work and all administrative costs may be
imposed as a lien on the property after notice and a hearing, and may be collected as an
assessment against the property.
BACKGROUND:
The Department of Conservation and Development received a complaint that the structure in
question moves (sways) during storms. Inspection of the structure revealed extensive rot and
deterioration of the piers that provide structural support. The structure can be moved by
pushing against the side. Due to the danger created by the poor structural condition of the
building, a “yellow tag” notice was placed on structure on August 20, 2008 to limit entry
and provide notice of the risks associated with entrance.
Following the County’s standard process in such circumstances, on August 26, 2008, the
owner was issued a Notice to Comply (NTC) requesting removal of the structure or
submittal of an application for a building permit to correct the deficiencies. To obtain such a
permit, the owner would be required to address several conflicts with land use restrictions,
including the inconsistency of a second residential structure on an F-1 zoned parcel and
restrictions on building into a navigable waterway. Furthermore, the required structural
improvements would require construction on a levee managed by the Bethel Island
Municipal Improvement District (BIMID), which has indicated it would be disinclined to
approve an application to repair the structure because areas of the levee under the residence
could not be accessed for repairs or improvements.
After the owner failed to comply with the requirements of the initial NTC within the
specified time period, a second NTC was sent to the property owner detailing the submittal
and approval requirements for correcting the deficiencies on the property. Following failure
of the owner to comply with the second NTC, staff proceeded with the standard noticing
process by posting a Notice of Intent to Record (NOI) and sample Notice of Pending
Nuisance Abatement (NPA) on November 20, 2008. The recorded NPA was posted on
December 17, 2008. An Abatement Order was posted on February 18, 2008.
To date, the property owners have not submitted any requested information for bringing the
structure into code compliance.