HomeMy WebLinkAboutMINUTES - 04092013 - SD.1RECOMMENDATION(S):
OPEN the hearing on the attached itemized report on the costs of abating a public nuisance on the real property
located at 90 Broadway St., Oakley, CA, Contra Costa County; APN 032-040-024; RECEIVE and CONSIDER the
report and any objections from the property owner and 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 $43,416.52.
ORDER the itemized report confirmed and DIRECT it to 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.
FISCAL IMPACT:
No net fiscal impact. The costs as determined above will be added to the tax roll as a special assessment on this
property and will be collected at the same time and in the same manner as ordinary county taxes are collected.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/09/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
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: April 9, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD. 1
To:Board of Supervisors
From:Jason Crapo, Conservation & Development
Date:April 9, 2013
Contra
Costa
County
Subject:Cost Confirmation Hearing for the real property located at 90 Broadway St., Oakley, CA
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.
The Notice and Order to Abate was posted on the above-referenced property for a substandard building with faulty
weather protection, broken or missing windows, holes in the roof with no heat and hazardous wiring and served on
the property owner and all persons known to be in possession of the property by certified mail on April 26, 2011.
One of the property owners, Mr. Levi Broussard, filed an appeal of the Notice and Order to Abate. An Appeal
Hearing was heard by the Board of Supervisors on September 20, 2011. The appellant did not contest the
abatement at the Hearing, and the Board upheld the Notice and Order to Abate.
The contract for this abatement was competitively bid to a group of pre-qualified abatement contractors. The
scope of the abatement included demolition and removal of a single-family home, as well as removal of garbage,
debris and overgrown vegetation from the property. The abatement also included removal of an abandoned septic
system and well. The cost of the abatement was further compounded by the fact that the structure was
substantially damaged by fire, resulting in the entire site being contaminated by asbestos, requiring that the
contractor take precautions to prevent exposure to this hazardous material.
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 September 7, 2012. 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 th Board at 651 Pine St., Room 106,
Martinez, CA.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved the County will not be able to recover costs for abatement on code violations for this property.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
CLOSED the hearing; DETERMINED the costs of all abatement work and all administrative costs to be
$43,416.52; ORDERED the itemized report confirmed and DIRECTED it to 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 photos
After photo
CONTRA COSTA COUNTY DATE: March 19, 2013 TO: Clerk of the Board FROM: Department of Conservation & Development By: Joe Losado, Sr. Building Inspector 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: Shondrea Broussard & Levi Broussard POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: April 26, 2011 ABATEMENT COMPLETED DATE: September 6, 2012 SITE ADDRESS: 90 Broadway St., Oakley, CA APN #:032-040-024 PROPERTY DESCRIPTION: Single Family AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428) ITEM EXPLANATION COST Notice to Comply $ 100.00 Site Visits (12 x $25 ea) $ 300.00 PIRT (Title Search)(2 @ $150) $ 300.00 Certified Letter & Regular Mailings $ 70.02 Photos $ 57.50 Asbestos Report $ 425.00 Contractor hired for Abatement $ 41,764.00 Final Site Inspection to Confirm Compliance $ 200.00 Compliance Report and Board Hearing $ 200.00 Total $ 43,416.52
Abatement costs can be paid at or mailed to Department of Conservation & Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553