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Home My WebLink AboutMINUTES - 09152009 - 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 2650 Franklin Canyon Road, Martinez, CA in Contra Costa County; APN: 368-020-006; RECEIVE and CONSIDER oral and written testimony and other evidence from the County Abatement Officer, the property owner(s), and other persons; and CLOSE the hearing. FIND that the facts set forth below are true. AFFIRM the County Abatement Officer’s determination in the Notice and Order to Abate by finding that the Substandard Building; a barn with a buckled and collapsing roof. Substandard Building; a house with a failing foundation, deficient structural supports and a deficient electrical system. Junkyard Conditions, including but not limited to, the storage or salvage of inoperable vehicles, vehicle parts, machinery, scrap materials and debris existing on the above–referenced real property are a public nuisance in violation of Contra Costa County Ordinance Code sections 712-4.014, 17920.3, 17922, 82-2.002, 82-2.006, 84-38.404 and 88-4.206. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/15/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Michael Angelo Silva 335-1144 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: September 15, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 3 To:Board of Supervisors From:Jason Crapo, County Building Official Date:September 15, 2009 Contra Costa County Subject:Appeal of Abatement Action at 2650 Franklin Canyon Rd., Martinez, CA ORDER the property owners to abate the public nuisance by completing RECOMMENDATION(S): (CONT'D) the following; obtain a demolition permit, demolish the barn and complete the permit process with an approved final inspection OR obtain the necessary permits to completely rehabilitate the barn and complete the permit process with an approved final inspection. Obtain a demolition permit, demolish the house and complete the permit process with an approved final inspection OR obtain the necessary permits to completely rehabilitate the house and complete the permit process with an approved final inspection OR vacate the house and obtain a board up permit to secure the house. Remove the junkyard conditions including but not limited to all stored or salvaged inoperable vehicles, vehicle parts, machinery, scrap materials and debris from the property within 30 days of the mailing of the Board decision. DIRECT the County Abatement Officer to abate the barn, board up and secure the house and remove the stored or salvaged inoperable vehicles, vehicle parts, machinery, scrap materials and debris from the property, and charge the cost of the work and all administrative cost to the property owners, if the property owners do 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. FISCAL IMPACT: The Cost of abating the barn, board up and securing the house and removing the stored or salvaged inoperable vehicles, vehicle parts, machinery, scrap materials and debris is estimated to be $10,000.00. If the County Abatement Officer performs the work of the abatement and the property owners do 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 real property located at 2650 Franklin Canyon Road, Martinez, CA in Contra Costa County; APN: 368-020-006 is owned by Harry A. Robinson TRE & Estate of Irene V. Robinson. The above-referenced property is located in an A-2 zoning district. Contra Costa County Ordinance Code section Title 8, Chapter 88-4.206 Junkyard Condition “Junkyard” means any property used (whether or not for profit or gain) for (1) the dismantling or wrecking of automobiles or other vehicles or machinery, or (2) the storage or salvage of automobiles or other vehicles or machinery, scrap metal, or other scrap materials, including salvaged building materials. Contra Costa County Ordinance Code section Title 8, Chapter 84-38.404, prohibits uses other than those allowed in an A-2 zoning district. The storage or salvage of inoperable vehicles, vehicle parts, machinery, scrap materials and debris is not allowed. 712-4.014 State Housing Law. For the purpose of enforcing those portions of the State Hosing law (Health and Safety Code, §§ 17910 et seq.) adopted by this code, the Building Inspection Division is also the Housing Department for Contra Costa County. Any violation of such adopted portions of the State Housing law is a public nuisance, and may be abated pursuant to Chapter 14-6 of this code or pursuant to any other remedy available under this code or applicable law or regulation. 17920.3 Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: 17920.3 (b) Structural hazards shall include, but not be limited to, the following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. The County Abatement Officer made an initial inspection of the above–referenced property on October 14, 2008. The County Abatement Officer observed Substandard Building; a barn with a buckled and collapsing roof. Junkyard Conditions, including but not limited to, the storage or salvage of inoperable vehicles, vehicle parts, machinery, scrap materials and debris exist. Re-inspection of the property on March 31, 2009, revealed a Substandard Building; a house with a failing foundation, deficient structural supports and a deficient electrical system. Re-inspection of the property on June 2, 2009 that the property continued to be in violation of Contra Costa County Ordinance Code sections 712-4.014, 17920.3, 17922, 82-2.002, 82-2.006, 84-38.404 and 88-4.206. The Notice and Order to Abate was served on the property owners and all known to be in possession of the property by certified mail on June 16, 2009 and posted the above-referenced property on June 16, 2009 The property owners filed an appeal of the Notice and Order to Abate on July 9, 2009. Notice of this appeal hearing was sent to the property owners and all known to be in possession of the property by the Clerk of the Board – see Clerk of the Board’s mailing confirmation. CLERK'S ADDENDUM Tim Griffith, Building Inspection, presented the staff report as outlined in the Board Order. Chair Bonilla opened the hearing, and called for comment from the appellant and other interested parties. Janice Amenta, Attorney representing Harry Robinson, spoke of the complexity of taking action in regard to this property because it has multiple owners and the court requires the permission and a share of cost for capital improvements on the property. Ms. Amenta informed the Board that it was only in the very recent past that she had received a response from the other owner(s), that response indicating that they refused to share in the cost of the repairs ordered by the building inspector. She further noted that the process to acquire a date with appropriate court to resolve this matter was underway, but not yet scheduled. Harry Robinson, partial property owner, confirmed that he did reside full time on the property. He confirmed there is discord with the other property owners, and noted that some of the junkyard conditions had been addressed at his own expense. He requested the Board grant additional time to resolve the remaining issues. Chair Bonilla closed the hearing. Supervisor Uilkema said that Mr. Robinson should continue to pursue any opportunity for shared cost with the other owners; that she expected the junk to be cleared within 30 days, that the barn should be abated immediately, whether it is done by the owner or the County; and that she would prefer the home to be repaired not demolished. Supervisor Uilkema requested Mr. Robinson's attorney, Ms. Amenta, to secure a court date and return to the Board within four months with an update on shared costs amongst the owners to make the required repairs on the home. Michael Angelo Silva, Conservation and Development Department, stated he would proceed with the demolition of the barn and give Mr. Robinson and Ms. Amenta 45 days from the court hearing before bringing an abatement recommendation back to the Board on the home. By unanimous vote, with all Supervisors present, the Board of Supervisors: ATTACHMENTS Letter of Appeal