HomeMy WebLinkAboutMINUTES - 10262010 - D.1RECOMMENDATION(S):
OPEN the hearing on the appeal of the Notice and Order to abate a public nuisance on the
real property located at 6110 Kirker Pass Rd. Pittsburg, CA in Contra Costa County; APN:
094-100-011; RECEIVE and CONSIDER oral and written testimony and other evidence
from the Deputy Director of Building Inspection, 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; firewood is advertised (signs) & sold on site, commercial cargo containers are
stored on site, mobile homes were moved onto site with pitched roofs & attached sheds
added, the electrical system from (permitted) power pole was altered & expanded to provide
power to unpermitted buildings, site lighting & power equipment, and that vehicles, scrap
materials & travel trailers are stored on site in an A-2 zoning district without the required
land use permit, approvals or building permits on the above–referenced real property and is
a public nuisance in violation of Contra Costa County Ordinance Code sections 82-2.002,
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 10/26/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
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: October 26, 2010
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: , Deputy
cc:
D. 1
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:October 26, 2010
Contra
Costa
County
Subject:Hearing on the appeal of the Notice & Order to Abate a public nuisance at 6110 Kirker Pass Rd., Pittsburg
82-2.006, 84-38.404, 84-38.402,
RECOMMENDATION(S): (CONT'D)
88-4.402, 84-68.1404 and 72-6.202.
ORDER the property owners to abate the public nuisance by removing the firewood,
commercial cargo containers, mobile homes, pitched roofs, sheds, unpermitted electrical
equipment vehicles, scrap materials and travel trailers from the property within 30 days
of the mailing of the Board decision.
DIRECT the county abatement officer to remove the firewood, commercial cargo
containers, mobile homes, pitched roofs, sheds, unpermitted electrical equipment
vehicles, scrap materials and travel trailers 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 Supervisor.
FISCAL IMPACT:
The cost of the removing the firewood, metal buildings, commercial cargo containers,
mobile homes, pitched roofs, sheds, metal carport, unpermitted electrical equipment
vehicles, scrap materials and travel trailers from the property is estimated to be
$42,500.00. 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 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 at 6110 Kirker Pass Rd, Pittsburg, CA., in Contra Costa
County; APN: 094-100-011 is owned by Angelo & Gloria Alaimo.
The above-referenced property is located in an A-2 zoning district
Contra Costa County Ordinance Code section Title 8, Chapter 84-38.402 prohibits uses
other than those allowed in an A-2 and section 84-38.404 delineates the uses allowed
with a land use permit. Retail firewood sales is an allowed use with a land use permit. To
date no Land Use Permit has been issued or applied for.
Contra Costa County Ordinance Code section Title 8, Chapter 88-4.402 prohibits the
establishment of a junkyard without a permit. 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 84-68.1404, allows for the
storage of a mobile home (includes manufactured home per definition §84-68.418), camp
car, travel trailer, vessel or vessel trailer at the residence of the owner or any other
residence. A residence has not been established on this parcel.
Contra Costa County Ordinance Code section Title 7, Chapter 72-6.202 requires that; no
person firm or corporation shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish any building or structure regulated by this title, or cause the
same to be done, or install or connect any equipment regulated by this title, or perform
any work regulated by this title, without first obtaining the necessary permits from the
county building official. Building records show a permit for a power pole to provide
power to an existing well.
The county abatement officer made an initial inspection of the above–referenced property
on October 6, 2009. The county abatement officer observed retail firewood & metal
buildings advertised (signs) & sold on site, commercial cargo containers stored on site,
mobile homes moved onto site with pitched roofs & attached sheds added, a metal carport
structure erected, the electrical system from power pole altered & expanded to provide
power to unpermitted buildings, site lighting & power equipment, and stored vehicles,
scrap materials & travel trailers
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 15, 2010, and posted the
above-referenced property on June 15, 2010.
The Property owners tenant filed an appeal of Notice and Order to Abate on July 14,
2010. The Deputy Director of Building Inspection granted an extension of the Notice and
Order to Abate of 60 days upon receipt of the filed appeal to allow for voluntary
abatement. Notice of this appeal hearing was sent to the property owner and tenent by
certified mail by the Clerk of the Board. For proof of service, see the Clerk of the Board
at 651 Pine St., Rm 106, Martinez, CA 94553.
Re-inspection of the property on October 4, 2010, showed that the property continued to
be in violation of Contra Costa County Ordinance Code sections 82-2.002, 82-2.006,
84-38.404, 84-38.402, 88-4.402, 84-68.1404 and 72-6.202.
CONSEQUENCE OF NEGATIVE ACTION:
If the recommended actions are not approved, significant code violations on the property
If the recommended actions are not approved, significant code violations on the property
will persist.
CHILDREN'S IMPACT STATEMENT:
No impact.
CLERK'S ADDENDUM
NO ACTION TAKEN; Staff reported the matter has been resolved.
ATTACHMENTS
Property Photos
Appeal Letter