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HomeMy WebLinkAboutMINUTES - 02072012 - SD.7RECOMMENDATION(S): OPEN the hearing to consider the attached itemized report of the costs of abating a public nuisance on the real property located at Quinn Island, Byron, CA, Contra Costa County; APN 001-111-023; RECEIVE and CONSIDER the report and any objections from the property owner and any other persons with a legal interest in the property; and CLOSE the hearing. DETERMINE the costs of all abatement work and all administrative costs to be $34,974.34 ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors. ORDER the costs to be specially assessed against the above-referenced property and AUTHORIZE the recordation of a Notice Of Abatement Lien. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Jason Crapo - 674-7722 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: February 7, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: M. Valdez, M & T lab, J. Capozzo, Eng. Services, R. Hutchins, Records, C. Low, City of San Ramon SD. 7 To:Board of Supervisors From:Jason Crapo Date:February 7, 2012 Contra Costa County Subject:Cost Confirmation Hearing for Quinn Island, Byron, CA FISCAL IMPACT: The costs as determined above will be added to the tax roll as a special assessment and will be collected at the same time and in the same manner as ordinary county taxes are collected. BACKGROUND: Contra Costa County Ordinance Code Article 14-6.4 and Government Code Section 25845 authorize the recovery of abatement costs in public nuisance cases, the recordation of a Notice of Abatement Lien, and inclusion of abatement costs on the tax roll as a special assessment upon approval of the Board of Supervisors. In 2009, the Department of Conservation and Development abated numerous substandard structures on Quinn Island, all of which were constructed without building permits. Several structures were removed from the subject property. The property owner, Mr. Stephen Quinn, entered into a voluntary abatement agreement with the County whereby he agreed to the abatement of these structures by the County. Acknowledging that the property owner was elderly and in ill health, and lacked the financial means to pay for the costs of abatement, the County agreed to defer placement of an abatement lien on the property during the time that Mr. Quinn was living. Mr. Quinn recently passed away, and consistent with the abatement agreement, staff recommends that the County now proceed with placing an abatement lien on the property. A Notice and Order to Abate was posted on the above-referenced property for a substandard building that has inadequate sanitation, hazardous wiring and structural hazards and served on the property owner and all persons known to be in possession of the property by certified mail on January 14, 2009. The property owner did not file an appeal. The property owner signed the voluntary abatement agreement on January 20, 2009. The County Abatement Officer abated the nuisance on November 30, 2009. The property owner was billed for the actual cost of the abatement and all administrative costs. The bill was sent by certified and first-class mail to the property owner on March 22, 2010. The property owner did not pay the bill within 45 days of the date of mailing. Notice of this Cost Hearing was sent to the property owner by certified mail by the Clerk of the Board. For proof of service, see Clerk of the Board at 651 Pine Street, Room 106, Martinez, CA. CONSEQUENCE OF NEGATIVE ACTION: If the recommended actions are not approved, the County will not be able to recover costs incurred for abating code violations. CHILDREN'S IMPACT STATEMENT: No impact. CLERK'S ADDENDUM CLOSED the hearing; DETERMINED the costs of all abatement work and all administrative costs to be $34,974.34; ORDERED the itemized report confirmed and DIRECTED that it be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property and AUTHORIZED the recordation of a Notice Of Abatement Lien. ATTACHMENTS Itemized costs Before 1 Before 2 After Picture CONTRA COSTA COUNTY DATE: January 24, 2012 TO: Clerk of the Board FROM: Department of Conservation & Development By: Patty Cookson, Building Inspector II RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code '14-6.428. OWNER: Martha Quinn & Stephen Quinn, Jr. POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: January 14, 2009 ABATEMENT COMPLETED DATE: November 30, 2009 SITE ADDRESS: Quinn Island, Byron, CA APN #:001-111-023 PROPERTY DESCRIPTION: Agricultural AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428) ITEM EXPLANATION COST Notice to Comply $100.00Site Visits (11 X $25)$275.00PIRT (Title Search)$135.00Certified Letter & Regular Mailings $37.34Photos$52.00Contractor hired for abatement $ 33,000.00Asbestos Survey (5 X $195)$975.00Final Site Inspection to Confirm Compliance $200.00Compliance Report and Board Hearing $200.00 Total $ 34,974.34 Abatement costs can be paid at or mailed to Building Inspection Division, Property Conservation Division, 651 Pine Street, 4th Floor, Martinez, CA 94553.