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HomeMy WebLinkAboutMINUTES - 03132012 - SD.10RECOMMENDATION(S): CONTINUE the public hearing on the appeal of the Notice and Order to abate a public nuisance on the real property located at 4090 Gateway Road, Bethel Island in Contra Costa County, APN: 030-140-002, until September 4, 2012. FISCAL IMPACT: The Cost of demolishing the structure 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: Due to the property owner's progress in submitting plans for permanent placement and repair of the structure, staff recommends this hearing be continued by six months, to September 4, 2012, to provide the property owner additional time to correct the code violations on the property. The above-referenced APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/13/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: Jason Crapo, 925-674-7722 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: March 13, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 10 To:Board of Supervisors From: Date:March 13, 2012 Contra Costa County Subject:Appeal of Notice and Order to Abate for property located at 4090 Gateway Rd., Bethel Island BACKGROUND: (CONT'D) property is located in an A-2/FH (Agricultural/Flood Hazard) Zoning District. The above-referenced property has a non-permitted substandard structure that is in violation of Contra Costa County Ordinance Section Title 7, Chapter 72-6.202 and 712-2.004. The structure was moved to the property from another property without first obtaining a permit and approval for the move. The structure is substandard which includes, but not limited to, lack of a permanent foundation (the structure is supported by an axel and wheel system used for moving structures), faulty weather protection (the siding has deteriorated), no utilities (water, sewer, heat or electrical) in the structure and several windows are broken. These conditions are a public nuisance in violation of Contra Costa County Ordinance Code Sections: 72-6.202, 712-2.004, and 712-4.014 Uniform Housing Code Sections 1001.2, 1001.3 and 1001.8. This structure was formerly located on the site of the Delta Coves development on Bethel Island. The structure was scheduled for demolition in 2000 as part of the Delta Coves project. The current owner acquired the structure in 2000 and moved it to its present location. The structure has architectural and historic significance. It was constructed by E.A. Bridgford, a prominent judge and political figure on Bethel Island in the early twentieth century. The structure has been placed on the County Historical Resource Inventory. In 2003, the property owner applied for a Development Plan with the Community Development Department, in an effort to obtain historical designation and bring the structure into code compliance. The Development Plan was approved in 2009, pending certain conditions were met. These conditions include submitting a bond, elevating the grade/ground level of the property to a level higher than the floodplain, obtaining a move & building permit, and installing a new foundation for the structure. The property owner failed to meet any of these conditions in the time frame that was set, therefore the permit is now invalid and the structure remains in violation. Based on a complaint from a community member, the Department of Conservation and Development initiated a code enforcement case in early 2011. The County Abatement Officer made an initial inspection of the non-permitted substandard structure on February 1, 2011. The site inspection revealed the structure had been moved to the property without a move permit and was still being supported by the axel and wheel system used to move it. The property owner was informed of the violation and the corrective action of obtaining the necessary permits. The property owners did not obtain the necessary permits and code enforcement continued. A Notice and Order to Abate for a non-permitted substandard structure was served on the property owners and all known to be in possession of the property by certified mail on May 21, 2011, and posted the above-referenced property on May 21, 2011. The property owners filed an appeal of Notice and Order to Abate with the Clerk of the Board. 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. The appeal hearing item was recommended for continuation at the September 13, 2011 Board meeting, due to the placement of the structure on the County Historical Resource Inventory by the Board of Supervisors on the same day. The property owner has worked cooperatively with County staff since the hearing of September 13, 2011, and has made progress towards correcting the code violations on the property, including submittal of plans to the Public Works Department that meet the requirements of the County Floodplain Management Ordinance. Staff recommends a further continuance of this hearing for six additional months to allow the property owner time to obtain required permits and bring the structure into code compliance. During this additional six month period, staff recommends the Board direct the property owner to accomplish the following tasks: 1. Obtain a Flood Plain Permit and Elevation Certificate from the Public Works Department; 2. Obtain approval of the site plan, elevation and floor plan from the Department of Conservation and Development upon review for compliance with County Zoning Code requirements; 3. Obtain Grading and Building Permits from the Department of Conservation and Development for the grading work necessary to raise the structure, installing the foundation, exterior improvements necessary for weather protection, and any other improvements to the structure determined to be necessary for Building Code compliance upon review of building plans submitted with his building permit application; 4. Begin construction of the improvements to the structure required to achieve code compliance. CONSEQUENCE OF NEGATIVE ACTION: If the public hearing is not continued, the property owner will not be given an opportunity to bring the structure into compliance with code requirements that are consistent with its designation on the County Historic Resources Inventory. CHILDREN'S IMPACT STATEMENT: No impact. CLERK'S ADDENDUM CLERK'S ADDENDUM CONTINUED the hearing to September 11, 2012 at 10:00 a.m. with the understanding that the property owner will use this extension to obtain the necessary permits from the Department of Conservation and Development and the Public Works Department, and begin construction of the necessary improvements to bring the structure into compliance. ATTACHMENTS Appeal Letter Picture of structure Structure on wheels Back of Structure March 13, 2012 Contra Costa County Board of Supervisors 106 March 13, 2012 Contra Costa County Board of Supervisors 107