HomeMy WebLinkAboutMINUTES - 06152010 - D.1RECOMMENDATION(S):
OPEN the hearing on the appeal of the Notice and Order to abate a public nuisance on the
real property located on Pacheco Boulevard, near Martinez, CA in Contra Costa County;
APN: 159-200-032; RECEIVE and CONSIDER oral and written testimony and other
evidence from the county abatement officer, the property owners, 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 operation of a commercial business on a vacant lot an R-7 zoning district
without a permit, and junkyard conditions, including stored inoperable vehicles, trailers,
machinery and vehicle parts, on the above–referenced real property is a public nuisance in
violation of Contra Costa County Ordinance Code sections 84-6.402 and 88-4.402. Under
section 82-2.006, any use of land contrary to Title 8 is unlawful and a public nuisance.
ORDER the property owners to abate the public nuisance by removing the business,
including all equipment and materials, and removing the junkyard conditions, including all
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/15/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:CONTINUED open hearing to March 8, 2001 at 10:00 a.m.
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
RECUSE:Gayle B. Uilkema, District II
Supervisor
Contact: Jason Crapo - 335-1108
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: June 15, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D. 1
To:Board of Supervisors
From:Jason Crapo, County Building Official
Date:June 15, 2010
Contra
Costa
County
Subject:Appeal of Abatement action for real property located on Pacheco Blvd., near Martinez, CA (APN
159-200-032)
inoperable vehicles, trailers, machinery and
RECOMMENDATION(S): (CONT'D)
vehicle parts, from the property within 30 days of the mailing of the Board's decision.
DIRECT the county abatement officer to remove the business, including all equipment
and materials, and remove the junkyard conditions, including all inoperable vehicles,
trailers, machinery and vehicle parts, 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, and to file the Board’s
decision with the Clerk of the Board of Supervisors.
FISCAL IMPACT:
The cost of the removing the business, including all equipment and materials, and
removing the junkyard conditions, including all inoperable vehicles, trailers, machinery
and vehicle parts, from the property is estimated to be $20,000.00. 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 cost 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 on Pacheco Boulevard, near Martinez CA in Contra Costa
County; APN: 159-200-032, is owned by Walter and Irene Hardcastle.
The above-referenced property is located in an R-7 (single family residential) zoning
district. Contra Costa County Ordinance Code section Chapter 84-6.402, does not allow
the operation of a business and the storage of equipment, materials, inoperable vehicles,
trailers, machinery and vehicle parts on a vacant lot.
Contra Costa County Ordinance Code section 88-4.402 prohibists the operation of a
junkyard without a permit. Section 88-4.206 defines "junkyard" as 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.
The county abatement officer made an initial inspection of the above–referenced property
on January 30,2008. The county abatement officer observed a commercial business on a
vacant lot in an R-7 zoning district without a permit. The property is being used for a
commercial tree service business. The County abatement officer also observed junkyard
conditions, including stored inoperable vehicles, trailers, machinery and vehicle parts on
the property.
Between January 30, 2008 and October 14, 2009, multiple attempts to gain voluntary
compliance were unsuccessful. Re-inspection of the property on October 14, 2009,
showed that the property continued to be in violation of Contra Costa County Ordinance
Code section 84-6.402 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 January 11, 2010, and posted the
above-referenced property on January 11, 2010.
The Property owners filed an appeal of Notice and Order to Abate on March 10, 2010.
Notice of this appeal hearing was sent to the property owner by the Clerk of the Board.
For proof of service, see the Clerk of the Board at 651 Pine St., Rm 106, Martinez, CA.
CLERK'S ADDENDUM
CONTINUED the open hearing to March 8, 2011 at 10:00 a.m.
ATTACHMENTS
Photo 1
Photo 2
Photo 3
Photo 4
Photo 5
Property Boundary Photo