HomeMy WebLinkAboutMINUTES - 04162013 - D.3RECOMMENDATION(S):
OPEN the hearing on the appeal of the Notice and Order to abate a public nuisance on the real property located at
Veale Ave. Martinez, CA in Contra Costa County; APN: 375-212-006; 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 a
Commercial cargo container is stored on site, structures erected on site without required approvals, permits or
residential dwelling on site and storage of construction materials, and other items of personal property on the
above–referenced real property is a public nuisance in violation of Contra Costa County Ordinance Code sections
720-6.
ORDER the property owners to abate the public nuisance by removing the commercial cargo container, the structures
erected on the site and all construction materials, and other items of personal property from the property within 30
days of the mailing of the Board decision.
DIRECT the County Abatement Officer to remove the commercial cargo container,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/16/2013 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 16, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.3
To:Board of Supervisors
From:Jason Crapo, County Building Official
Date:April 16, 2013
Contra
Costa
County
Subject:Appeal of the Notice and Order to Abate the real property located at Veale Ave., Martinez, CA
RECOMMENDATION(S): (CONT'D)
the structures erected on the site and all construction materials, and other items of personal property 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 Supervisors.
FISCAL IMPACT:
The Cost of the removing the commercial cargo container, the structures erected on the site and all construction
materials, and other items of personal property from the property is estimated to be $13,500.00. 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 subject property is a vacant lot located on Veale Avenue in unincorporated Martinez. This property, APN:
375-212-006, is owned by Cheryl Cole.
The current conditions on the property are in violation of the County Zoning and Building Codes. There are
multiple unpermitted storage structures on the property, which is not allowable under the zoning for the property.
There is also an accumulation of construction materials and miscelaneous household items that constitute a
violation of the County Building Code.
The above-referenced property is located in an R-6 zoning district. As stated in the County Ordinance Code
section Title 8, Chapter 84-4.402, the following uses applicable to this case are allowed in an R-6 district: (1) A
detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (2)
Crop and tree farming, except raising or keeping any animals other than ordinary household pets. The property
owner states in her attached appeal that she is using the property for a garden, including fruit trees. While such
gardening activity is an allowable use of the property, the property also contains unpermitted storage structures
that are not allowable on a vacant lot in an R-6 zoning district. These conditions constitute a violation of the
County Zoning Code.
Contra Costa County Ordinance Code section Title 7, Chapter 720-6, Regulation of Vacant Property, states that
every owner shall maintain property in accordance with the provisions of this chapter and correct all violations of
the standards listed in this chapter, and is liable for violations of this chapter regardless of any contract or
agreement with any third party concerning the property.
The County Abatement Officer made an initial inspection of the above–referenced property on August 18, 2012
and observed an accumulation of construction materials, household items and a shipping container. The
accumulation of these items is not consistent with the Ordinance Code stardards for maintenance of vacant
property and represents a public nuisance in violation of the County Building Code. The County Abatement
Officer sent the owner a Notice to Comply on August, 18, 2012 stating these violations and corrective actions.
Re-inspection of the property on November 29, 2012 showed that the property continued to be in violation of
Ordinance Code sections 720-6 and of 84-4.402. A second Notice to Comply was sent on December 14, 2012
restating the violations.
The violations were not corrected within the alloted period of time, and therefore a 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 17,
2013, and also posted on the above-referenced property on January 17, 2013.
The Property owners filed an appeal of Notice and Order to Abate on January 22, 2013. Notice of this appeal
hearing was sent to the property owner by the Clerk of the Board. For proof of service, see Clerk of the 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; AFFIRMED the County Abatement Officer’s determination in the Notice and Order to
Abate by finding that a Commercial cargo container is stored on site, structures erected on site without required
approvals, permits or residential dwelling on site and storage of construction materials, and other items of
personal property on the above–referenced real property is a public nuisance in violation of Contra Costa
County Ordinance Code sections 720-6; ORDERED the property owners to abate the public nuisance;
DIRECTED the County Abatement Officer to remove the commercial cargo container, the structures erected
on the site and all construction materials, and other items of personal property 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; DIRECTED 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.
ATTACHMENTS
Appeal letter
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