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HomeMy WebLinkAboutMINUTES - 10201998 - D5 BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) ) Gregory Casorso } 607 Hearst Ave } Berkeley, CA 94710 } ) ) Re: APPEAL DECISION } ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18 ; and that today I deposited with the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the Board of Supervisors' final. decision Board Carder on October 20 1998 in the above matter to the fallowing; Gregory R. Casorso 609 La Paloma Rd El Sobrante, CA 94803 Gregory R. Casorso 607 Hearst Ave Berkeley, CA 94710•-1921 3 & J Mortgage Corporation 23 Orinda Way STE 300 Orinda, CA 94563 Instrument # 95--20101 I declare under penalty of perjury that the foregoing is true and correct, Dated: November 5, 1998 at Martinez, California 7V (�V(7 ..._p�D CLER TO: - BOARD OF SUPER ' 1ORS FROM: CARLOS BALTODANO, DIRECTOR .'�' , . -, Orttra BUILDING INSPECTION DEPARTMENT �' Costa County DATE: September 15, 1998 SUBJECT: Appeal of Abatement action at 609 La Paloma, El Sobrante APN # 425-061-002 Owner: Gregory R.Casorso SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATZONS: After hearing the appeal, it is recommended to deny the appeal and affirm the determinations of the County Abatement Officer and direct the County Abatement Officer to proceed and perform the work of abatement. FISCAL IMPACT: $15,000.00, if the County does the abatement. BAG 2RQUNDfREASONS FOR RR,QQM ENDATION8: On December 31, 1997, a complaint was received regarding construction of a very large retaining wall without proper permits. A site inspection was conducted and the inspection revealed a concrete retaining wall constructed without permits approximately 9 ' tall within the front setback of the property. This wall is also constructed within one foot of the residence which creates a hazardous condition with the possibility of wall failure. The following violations of the County Ordinance exist: Title 7, Chapter 74-3.101 (permits required for construction) Title 8, Chapter 82-2.006 (improper land use, installation of structure within the front setback) The owner of the property has been notified through written correspondence and certified mail. As of this date compliance has not been gained. On July 27, 1998, the Building Inspection Department declared the property a public nuisance and posted a Notice Order to Abate under Title 1, Chapter 14-6. This appeal is being made under the provisions of this title. CONTINUED ON ATTACHMENT: ! YES SIGNATURE RECOMMENDATION �I✓ COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON octgbrr20, 1a28 APPROVED AS RECOMMENDED „X_OTHER,,,,_ IT IS BY THE BOARD ORDERED that the hearing is CLOSED; the appeal is DENIED; and the determinations of the County Abatement Officer are AFFIRMED; and the County Abatement Officer is DIRECTED to proceed and perform the work of the abatement. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS {ABSENT - - AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: 'BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED October 20. 1998 cc: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY CONTRA COSTA COUNTY Clerk of the Board Inter-Oce Memo TO: Carlos Baltodano, Director Building Inspection Department Building Inspector : Steve Knight DATE: October 29 � 1998 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Completed Board Order to be mailed by Building Inspection Department Appeal of Abatement ❑ Confirmation of Costs Enclosed is a copy of completed Board Order No. D.5 from Item on Agenda ori t ab e r 20,j a a s to be mailed by the Building Inspection Dept. to: Date of Board Hearing x See the attached labels OR Appellant's name, if different than the owners Address 609 La Palama- F1 Sa )rantp Owners name fxrp jzAry Casorso Address same as above Please send a copy of your completed affadavit of mafling to the Clerk``of the Board's officefor the file. Thank you , Barbara AQbg a:lcosthring.mern .......................................... ........ ........................................................................................ TO: BOARD OF SUPER *'ORS ..... ..... Contra FROM: CARLOS BALTODANO, DIRECTOR Costa BUILDING INSPECTION DEPARTMENT County DATE: September 15, 1998 SUBJECT: Appeal of Abatement action at 609 La Paloma, El Sobrante APM # 425-061-002 Owner: Gregory R.Casorso SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: After hearing the appeal, it is recommended to deny the appeal and affirm the determinations of the County Abatement officer and direct the County Abatement officer to proceed and perform the work of abatement. FISCAL .-IMPACT: $15,000.00, if the County does the abatement. BACEGROUNDZgEASQNS FOR mcommENDATioNs: on December 31, 1997, a complaint was received regarding construction of a very large retaining wall without proper permits. A site inspection was conducted and the inspection revealed a concrete retaining wall constructed without permits approximately 91 tall within the front setback of the property. This wall is also constructed within one foot of the residence which creates a hazardous condition with the possibility of wall failure. The following violations of the County Ordinance exist: Title 7, Chapter 74-3.101 (permits required for construction) Title 8, Chapter 82-2.006 (improper land use, installation of structure within the front setback) The owner of the property has been notified through written correspondence and certified mail. As of this date compliance has not been gained. On July 27, 1998, the Building Inspection Department declared the property a public nuisance and posted a Notice Order to Abate under Title 1, Chapter 14-6. This appeal is being made under the provisions of this title. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE JS): mmnv� — ACTION OF BOARD ON October 20, 1998 APPROVED AS RECOMMENDED X_ OTHER IT IS BY THE BOARD ORDERED that the hearing is CLOSED; the appeal is DENIED; and the determinations of the County Abatement Officer are AFFIRMED; and the County Abatement Officer is DIRECTED to proceed and perform the work of the abatement. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE xx UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Qctober 20, 1998 cc: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY 6144--V,�t—, DEPUTY September 28, 1998 Gregory Casorso 609 La Paloma Road El Sobrante CA 94803 Dear Mr. Casorso: In accordance with Contra Costa County Ordinance Code Section 14-6.410, you are hereby notified that 'Tuesday, October 20, 1998, at 2:00 p.m., is the date and time set for the hearing in the Board of Supervisors' Chambers, 651 Pine Street, Room 1107, Martinez, California, of your appeal from the decision of the County Abatement Officer declaring the concrete retaining walls and fences have been done without planning or building approval in violation of(C.C.C. Ordinance Code 14-6.410, 301 U.B.C. per 74-1.002 and 82-2.006 of the Contra Costa County Ordinance Code), on property located at 609 La Paloma Rd., El Sobrante. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.410. A copy of the Uniform Public Nuisance Abatement Procedure is enclosed for your reference. If you challenge this matter in Court, you may be limited to raisingonly those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Very truly yours, PHIL BATCHELOR, County Administrator and Clerk of the Board By DEPUTY CLERIC attachment cc:County Counsel Building Inspection ✓y File List BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) GREGORY CASORSO ) 609 La Paloma Road ) El Sobrante CA 94803 ) ) Re: APPEAL ) } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing by the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, the proposed Board Order, and the code section in the above matter to the following: GREGORY CASORSO 609 LA PALOMA EL SOBRANTE CA 94803 J & J MORTGAGE CORP. 23 ORINDA WAY, STE 300 ORINDA CA 94563 I declare under penalty of perjury that the foregoing i R 160 254 130 Dated: September 28, 1998, at Martinez, California. US Postai Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for international mail See reverse J')� Ssntto Depot C, Greg Casorso Street&Number La Pa7.t7ma Road POW ,State,&zip Code i i P 160 254 153 us Postai service Receipt for Certified Mail No Insurance coverage Provided. Do not use for International Mall{see reverse Sit fio J & l+brt Street&Number (� fit@ 300 Post Co",Slate.&Zl Code 563 Postage $ Certified t=ee X 4eow Delivery Fee Restricted Delivery fee 0 Retum Remo Showing to Whom&Dam Delivered � Rewm Recx�t Shawin9 to tMfwm. pp¢ {} &Addressed-Pddiass O TOTAL Postage&fees $ OC? r) Postmark or Date 0 U- � f Form 1002 9164 SCHEDULE A MATE OF REPORT: June 16, 1998 COUNTY OF: Contra Costa ORDER NO.: 130701 AMOUNT OF LIABILITY: ACTUAL LOSS NOT TO EXCEED $ 1,000.00 PREMIUM: $ 100.00�� CLIENT: Contra. Costa County Building Inspection Attention: Pam 1. The latest available equalized assessment roll in the office of 2. The last document in the chain of title to said land as disclosed the Assessor of said County discloses the following with by the Official Records of said County purporting to convey respect to the land referred herein: the fee title to said land is: Street Address: 609 La. Paloma Road Conveyed To: Gregory R. Casorso, a El Sobrante, California single man Tax Parcel# : 425-061-002 Land $99,006.00 Recorded February 8, 1995 Improvements: $44,346.00 Instrument#: 95-20100 Exemption $7,000-00 Book/Page : None Shown Total Taxes $1,649.10 (paid/paid) Transfer Tax: $153.45 3. Subject to any conflicts in boundary lines,or discrepancies that would be revealed by a correct survey,the land referred to in this report is that land located in the County shown above,in the State of California,and is described in the above referenced instrument as follows: Lot 163, Map of Santa Rita Acres Unit No. 3, filed January 25, 1938, Map Book 22, Pages 663 and 664, Contra Costa County Records. 4_ That an examination of the chain of title to said land as disclosed by such Official Records reveals no mortgages or liens purporting to affect said land,other than those set out below under Exceptions;provided,however,that no liability is assumed with respect to the identity of any party named or referred to in this Schedule,nor with respect to the validity,legal effect or priority of any matter shown as an Exception.No report is made regarding matters affecting the beneficial interest of any mortgage ordeed of trust which may be shown herein as an Exception. Exceptions: 1. DEED OF TRUST Dated : February 1, 1995 Amount : $132,100.00 Trustor : Gregory R. Casorso Trustee : James Von Waldegg Beneficiary: J & J Mortgage Corporation Address : 23 Orinda Way, Suite 300, Orinda, Ca. 94563 Recorded : February 8, 1995, Instrument N0.95-20101 2. TAX LIEN Amount : $542.29 Payable To : State of California-Franchise Tax Board Tax Payor : Gregory R. Casorso Recorded : March 19, 1998, Instrument No.98-56143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . OWNERS MAILING ADDRRSS: 609 La Paloma Road El Sobrante, Ca. 94803 END OF REPORT CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Carlos Baltodano, Director Building Inspection Department Steve Knight, Building Inspection DATE: September 21, 1998 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Greg Casorso from the decision of the County Abatement Officer declaring concrete retaining walls and fences have been done without planning or building approval in violation of(C.C.C. Ordinance Code 14-6.410, 301 U.B.C. per 74-1.002 and 82-2.006 of the Contra Costa County Ordinance Code), on property located at 609 La Paloma Rd., El Sobrante. This appeal, previously scheduled for hearing before the Board of ervisors on. October 6, 1998, at 11:00 a.m., is NOW scheduled for October 20, 1998, at 11. a.m. in the Board Chambers. If the appeal is to be heard on October 20, 1998, as scheduled, please submit the appropriate material for Board consideration to this office by September 30, 1998. Thank you. c' r B:bg attachment cc: County Counsel CONTRA COSTA COUNTY Cleric of the Board Inter-Office Memo TO: Carlos Baltodano, Director Building Inspection Department Attn: Tim Griffith, Building Inspector I DATE: September 2, 1998 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Greg Casorso from the decision of the County Abatement Officer declaring concrete retaining walls and fences have been donewithout planning or building approval in violation of(C.C.C. Ordinance Code 14-6.410, 301 U.B.C. per 74-1.002 and 82-2.006 of the Contra Costa County Ordinance Code), on property located at 609 La Paloma Rd., El Sobrante. This appeal, previously scheduled for hearing before the Board of Supervisors on September 15, 1998, at 2:00 a.m., is NOW scheduled for October 6, 1998, at 11:00 am. in the Board Chambers. Please notify this office in writing by September 6, 1998, whether this appeal should be heard or if it is untimely or there is any other reason it should not be heard by the Board of Supervisors. If the appeal is timely and should be heard, please bring a copy of the Pirt with the names and addresses of the parties to be notified in addition to the Appellant. If the appeal is to be heard on October 6, 1998, at 11:00 am. as scheduled, please submit the appropriate material for Board consideration to this office by September 16, '1998. h CIA- Thank you. #t ' B:bg f� All attachment A cc: County Counsel CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Carlos Baltodano, Director Building Inspection Department Attn: Tim Griffith, Building Inspector I DATE: 18, 1998 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Greg Casorso from the decision of the County Abatement Officer declaring concrete retaining walls and fences have been done without planning or building approval in violation of(C.C.C. Ordinance Code 14-6.410, 301 U.B.C. per 74-1.402 and 82-2.006 of the Contra Costa County Ordinance Code), on property located at 609 La Paloma Rd., El Sobrante. This office is in receipt of the attached Appeal and check in the amount of $125 from Greg Casorso from the decision of the County Abatement Officer (Steve Knight) declaring as a public nuisance, declaring concrete retaining walls and fences have been done without planning or building approval in violation of(C.C.C. Ordinance Code 14-6.410, 301 U.B.C. per 74-1.002 and 82-2.006 of the Contra Costa County Ordinance Code), on property located at 609 La Paloma Rd., El Sobrante. This appeal has been tentatively scheduled for hearing by the Board of Supervisors on September 15, 1998, at 2:00 a.m. in the Board Chambers. Please notify this office in writing by July 28, 1998, whether this appeal should be heard or if it is untimely or there is any other reason it should not be heard by the Board of Supervisors. If the appeal is timely and should be heard, please include the names and addresses of parties to be notified in addition to the Appellant. If the appeal is to be heard on September 15, 1998, at 2:00 a.m. as scheduled, please submit the appropriate material for Board consideration to this office by August 26, '1998. Thank you, ' f4, B:bg a r ui _ J attachment A IAR -' t, cc: County Counselqip ` ip CASORSO CONSTRUCTION, INCORPORATED State License #442922 607 Hearst Avenue, Berkeley,California 84710-1921 •(510)930-6337•Fax(514)883-0833 Wednesday August 5, 1998' RECD IVED Clerk of the Board of Supervisors AUG3 £ Contra Costa.County CLERK 60P,,7 651 Pine Street ,3 �lti FiVlSORS First Floor Martinez, California 94553 To Whom It May Concern, I acknowledge receipt of the attached "Notice and Order to Abate. " As;per the provisions narrated therein I am requesting a thirty day extension from the deadline of August 26. I am requesting that I be allowed until September 26 to obtain permits from the planning and building permit. I am requesting this time because this permit will require a variance and the variance application requires a current and accurate property topography survey. Today I engaged the survey firm ofKister Savio and Rei in Richmond to perform this,work and they require thirty days to perform their work. As requested please find enclosed the requested fee of$125.00. Sincerely /k�� Greg Casorso cc Mr. Steve Dight 651 Prue Street Fourth Floor Martinez, California 94553 925-335-1171 OWNER. CAigORSO •*N 0 T I C $ A N D O R D L R T _0 A B A T Ell C. C. C. ORDINANCE CODE 14--6.410 NOTICE IS HEREBY GIVEN that thg construction of concrete retaining walls and, f2nces have been !ftone without plannimi or bui.ldin approval and is in violation of section 301 U,B.C. per 74-1.002 and $-2-2,. Q06 of the Contra Costa County Ordinance Code. The violation has been declared a public nuisance by Steve Knight, Building Inspector II and must be abated immediately. The public nuisance is on property located at 609 La Paloma_Rd._ El Sobra'nte APN# 425- 061-002. YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within 1301 thirty consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by obtaining Rerm is frgM the plAnnij3g and buildincr de a tme t. If you fail to abate the public nuisance within the number of days specified, the county may order this abatement by public employees, private contractor, or other means. The cost of said abatement, if not paid, may be levied and assessed against the property as a special assessment lien and may be collected at the same time and in the same manner as ordinary county taxes are collected, subject to the same penalties, procedures and sales in case of delinquency. YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any such appeal must be brought prior to the expiration of the number of days specified above for completion of abatement. The appeal must be in writing; specify the reasons for the appeal; contain you name, address and telephone number; be accompanied by an appeal fee of ONE'(IUNI?Q TWENTY FIVE dollars ($125.00) ; and be submitted to the Clerk of the Board of Supervisors at the following address: Clerk of the Board of supervisors, County of Contra Costa 651 Pine street, 1st Floor, Martinez CA 94553 One who is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, the Clerk of the Board will cause the matter to be set for hearing before the Board of Supervisors and notify you of the date and location of the hearing. If you have any questions regarding this matter, you may direct them to the county officer issuing this notice at the address or telephone number listed below. ISSUANCE DATE: duly 27, 1998 Steve ni t Building Inspector II 651 Pine st, 4th floor, Martinez, CA 94553 (925) 335-1171 UNIFORM.ABT ,p