HomeMy WebLinkAboutMINUTES - 10132015 - C.08RECOMMENDATION(S):
RESCIND the County's December 8, 2009, order to impose administrative fines on properties located at 2284 Dutch
Slough Road and 2300 Dutch Slough Road, Bethel Island (County File Nos. RF07-01089, RF07-01090);
AUTHORIZE County Counsel, or designee, to file a return in a related writ action in Contra Costa County Superior
Court.
FISCAL IMPACT:
None. The administrative fines were never paid or collected.
BACKGROUND:
On December 8, 2009, the County, through the County Zoning Administrator and the County Building Official,
issued an order entitled "Final Order on Appeals on Decision to Impose Administrative Fines for Continued Zoning
and Building Code Violations at 2284 Dutch Slough Road and Continued Building Code Violations at 2300 Dutch
Slough Road." The order imposed administrative fines in the amount of $8,600 on the 2284 Dutch Slough Road
property in Bethel Island and imposed administrative fines in the amount of $4,300 on the 2300 Dutch Slough Road
property in Bethel Island. A Notice of Assessment Lien was subsequently recorded on each property.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/13/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Thomas Geiger, (925)
335-1800
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 13, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Thomas Geiger, Assistant County Counsel
C. 8
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:October 13, 2015
Contra
Costa
County
Subject:Rescission of an order imposing administrative fines on two Bethel Island properties
BACKGROUND: (CONT'D)
A petition for a writ of administrative mandate challenging the decision to impose the fines was filed in Contra Costa
County Superior Court on August 13, 2010. (Fratus v. County of Contra Costa, Case No. N10-1322.) On June 2,
2011, the Court issued a minute order granting the petitioners’ motion for a writ of administrative mandate. On June
20, 2012, County staff recorded a Release of Notice of Assessment Lien on each property. This action effectively
rescinded the fines, which were never paid or collected. On July 20, 2015, the Court entered judgment in the case and
issued a writ directing the County to rescind the order imposing the administrative fines on the two properties.
The recommended action will result in the County’s compliance with the writ. This Board Order authorizes the
County Counsel or designee to file a return in Case No. N10-1322 stating that the County has complied with the writ.
CONSEQUENCE OF NEGATIVE ACTION:
The County would not be in compliance with a Superior Court writ.
CHILDREN'S IMPACT STATEMENT:
Not applicable.