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Home My WebLink AboutMINUTES - 11021999 - SD12 TO: BOARD OF SUF—L.RVISORS ; Contra COSLddpi FROM: CARLOS BALTODANO, DIRECTOR County BUILDING INSPECTION DEPARTMENT r� r GATE: October 22, 1999 SUBJECT: Appeal of Abatement action at: 1205 Taylor Rd. , Bethel Island APN # 028-070-004 Owner: Silva 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: $3 , 400, if the County does the abatement . BACKGROUND/REASONS FOR RECOMMENDATIONS: On April 11.6, 1996, a complaint was received regarding (4) four stored travel trailers, (2) two motorhomes being stored (unscreened) , (2) two fences over 61high without permits, and an occupied mobilehome without a current land use permit . On May 7, 1999 a site inspection was conducted and the inspection revealed all of the above mentioned violations . The following violations of the County Ordinance exist : Title 8, Chapter 84®68 .1404 (unscreened travel trailers', unscreened mobilehomes, mobilehome occupied without land use permit . ) Title 7, Chapter 74-1 . 002 , Adopts 1997 UBC (Structure requires building permits . ) The owner of the property has been notified of the violation(s) through written correspondence and certified mail . As of this date, compliance has not been gained. On September 15, 1999, the Building Inspection Department declared the property a public nuisance and posted a Notice Carder to Abate under Title 1, Chapter 14-6 . This appeal is being made under the provisions of this title. CONTINUED ON ATTACHMENT: t YES SIGNATURE ' >"l RECOItBMEMATION OF COUNTY ADMINISTRATOR _RECOMMENDATIO OF BOARD COM' ITTEE APPROVE OTHER SIGNATURES; ACTION OF BOARD ON 5�.,'SSIIl�2E'* 2,19c)() APPROVED AS RECOMMENDED XX OTHER XX The public hearing was OPENED; Scott Zimmerman, Esq., attorney for the homeowner-appellant appeared to speak;no one else desiring to speak,the hearing was CLOSED. The Board then took the following action: APPROVED staffs recommendation; and DIRECTED the County Abatement Officer to proceed and perform the work of the abatement with an extension of 4 months to allow for the homeowner to obtain the necessary permits. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS(ABSENT - — — -t 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 .__I'loyembpr 2►—TM 9 cc: Building inspection Department PHIL BATCHELOR,CLE K OF THE BOARD OF SUPER SO S AND COUNTY ADMINIS AT B DEPUTY BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) ) Angela Silva ) 1205 Taylor Rd. ) Bethel island,' CA 94511 ) } ) ) 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 Beard of Supervisors' final decision Board Order on November 2, 1999 in the above matter to the following: Angela Silva 1205 Taylor Rd. Bethel Island, CA 94511 Angela Silva 2432 Ellsworth St. Berkeley, CA 94704 Robin B. DuMolin 1205 Taylor Rd. Bethel Island, CA 94511 Rabin B. DuMolin 2432 Ellsworth St. Berkeley, CA 94704 Troy & Betty Rhynes 2127 Elderwood Dr. Martinez, CAA 94553 Law Offices of Scott Zimmerman 812 First St . P.O. Box 1120 Brentwood, CA 94513-1120 I declare under penalty of perjury that the foregoing is true and correct. Dated: November 15, 1999 at Martinez, California OL)W-- -------- PCD CLER 5D.1A TO: BOARD OF SUPERVISORS Contra � FROM: CARLOS BALTODANO, DIRECTOR pasta BUILDING INSPECTION DEPARTMENT County DATE: October 22, 1999 SUBJECT: Appeal of Abatement action at: 1205 Taylor Rd. , Bethel. Island APN # 028-070-004 Owner: Silva. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: After hearing the appeal, itis 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: $3, 000, if the County does the abatement . BACKGROUND/REASONS FOR RECOMMENDATI ONS: On April 16, 1996, a complaint was received regarding (4) four stored travel trailers, (2) two motorhomes being stored(unscreened) , (2)two fences over 6'high without permits, and an occupied mobilehome without a current land use permit. On May 7, 1999 a site inspection was conducted and the .inspection revealed all of the above mentioned violations. The following violations of the County Ordinance exist : Title 8, Chapter 84-68 . 1404 (unscreened gavel trailers, unscreened mobi.lehomes, mobilehome occupied without land use permit . ) Title 7, Chapter 74-1 . 002, Adv is 1997 UBC (Structure' requires building permits . ) The owner of the property has been notified of the violation(s) through written correspondence and certified mail. As of this date, compliance has not been gained. On September 15, 1999, the Building Inspection Department declared the property a public nuisance and pasted a Notice Order to Abate under Title 1, Chapter 14-5. This appeal is being made under the provisions of this title. CONTINUED ON ATTACHMENT: t YES SIGNATURE zl RECOMMENDATION OF COUNTY ADMINISTRATORRECOMMENDATION-OF BtARDCO IT'TEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON Rrill-711p' 22 11 C APPROVED AS RECOMMENDED X OTHER{ 7tX The public hearing was OPENED, Scott Zir=erman,Esq.,attorney for the homeowner-appellant appeared to speak,no one else desiring to speak,the hearing was CLOSED. The Board then t6dk the fallowing action: .APPROVED staff's recommendation; and DIRECTED the County Abatement.Officer to proceed and perform the work of the abatement with an extension of 4 months to allow foie the homeowner to obtain the necessary permits. VOTE OF SUPERVISORS I, 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: BOARS OF SUPERVISORS ON THE DATE SHOWN. cc: Building Inspection Department ATTESTED Ntsvmtier PHIL BATCHELOR,CLk K OF THE BOARD OF tiUgEFt SO S AND COUNTY A0M1 T B DEPUTY 3 J F Ac g }� O 1 JJJJJ/ / s t,.. . .......... .... f F / F i'F F F F r mac: homy A. " r f 'F F r . F r: s F s3 .ilr FFr F n �,�'/'1fo F �{'r Gf . Fa OF ; S F � 3 ka 41, r y� ",M-, OM Jf,yf' FFi�/ffFF'sl Fff�i•��lf..�/.."FFfr�rr..;{':......:...;F F r F rft f,'rv�� 1 rff : .. r l.F „ SY:YX%YriiY:iif iiiiii}ii}if}iiiiiXii:f:iYriiiiiii}':iY:i}ii:; :;i.;i:;::.v;::Y:i .::::::::::::?i:}':':}}}}}}}i:?::'::: ....:':'::..... .x ..:.. y W. }'g g W.9 ?�'Y 2�P f 'S}•9 f n 4` ' d ? ar x ,� ,s 4 r� Yds, f �e 0 4 y 4 v Y ff q i,Sc .. :. ;;. 4 .. 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I declares penalty ofperjury that I aim rio�v, and all times herein mentioned have been, citizen cif the United States, over age 18, and that today I deposited Certified MailContra Costa County Cent-tal Se--vice for mailingIJ y the nited States postal Service i artiraez, California, first class postage fully prepaid, a copy of the hearing notice, and the code section:in the above utter to the followi ; ANGELA SILVA 12115 TA 'L OR IAD BETHEL ISLAIN OA 94511 ANGHLA SILA 2432 ELLSWORTH STREE T BERKELEY CA 94704 S TT I� MERMAN, ESQ. 812 FIRST STET BRENTWOOD CA 94513--1120 I declare under penalty of penury that the foregoing is true and correct, executed at 651 Pine Street, Martinez, California. k Dated: October , 1999 a 46 I3ar%ara S. Gr est,I pnty Olerk 4 G ' 160ES-� t h �n SCOTT"ZIMMERMW , ESQ. €€ 8 12 FIRST"STREET i' BRENTWOOD CA 94513-1120 is ti`s The Board of SupervlL ors Contra Phil Batchelor Cierk of the Board County Administration Building Cost and ,,.yr� County Administrator 651 Pine Strut, Room 106 �•s (925)335.1900 Martinez, California 94563-1293 County John Gioia, 1 st District `J Gayle Uilkema,2nd District — Donna Gerber,3rd District Mark DeSaulnier,4th District Joe Canciamilla,5th District October 7, 1999 ANGELA SILVA 1205 TAYLOR ROAD BETHEL ISLAND CA 94511 Dear Ms. Silva: In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance),you are hereby notified that Tuesday,November 2,1999,at 9:00 a.m.is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring the substandard structure in violation of Section LTHC 1001.1 of the Contra Costa County Ordinance Code, and declaring said violations a public nuisance on property located at 1205 Taylor Road, Bethel Island, CA. The hearing will be held in the Board of Supervisor's Chambers,Room 107, 551 Pine Street, at the corner of Pine and Escobar Streets(Administration Building),Martinez,CA. 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 raising only 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 andfaurAbaeVrakS. k of the Board By Gran uty Clerk actachrnent cc:County Counsel Building Inspection File List CONTRA COSTA COUNTY CLERK OF THE BOARD OF SUPERVISORS INTER-OFFICE MEMO TO: Carlos Baltodano, Director Building Inspection Department Attn. Dan Stough, Building Inspector I DATE: September 29, 1.999 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Scott Zimmerman, Esq., for Angela Silva of the County Abatement Officer declaring the substandard dwelling at 1205 Taylor Road,Bethel Island, C.A. This office is in receipt of the attached Appeal and the trust check in the amount of $125 for the filing fee for Angela Silva, from the decision of the County Abatement Officer declaring as a public nuisance, the substandard structure in violation of(C.C.C. 14-6.410)UHC 1001.I of the County Ordinance Code, on property located at 1205 Taylor Road, Bethel Island, CA. The Board of Supervisors has tentatively scheduled this Appeal for hearing on November 2, 1999, at 10.00 a.m. in the Board Chambers. Please notify this office in writing by October 9, 1999,whether the Board of Supervisors should hear this Appeal on the calendared date. If the Appeal is timely and should be heard,please include the names, addresses and zip codes of all parties to be notified in addition to the Appellant. If the Appeal is to be heard on November 2, 1999, as scheduled,please submit the appropriate material for Board consideration to this office no later than October 20, 1999. Thank you, r <a Barbara Grant,Deputy Clerk r ` attachment c.c.County Counsel LAW OFFICE OF SCOTT K. S IA04ER .IAN 812 FIRST STREET POST OFFICE Box 1120 TELEPHONE: (925) 634-3571 BRENTWOOD, CALIFORNIA FAcsIh+III E.- (925) 634-0781 94513-1120 E-MAIL' SKZLAW6PACBELL.xLrr ED VIA FACsymnE AND HAND DELIV�D - September 29, 1999 z 'EP 1999 CLERK ROARL)OF SUeERVISORS CLERK. OF THE BOARD OF SUPERVISORS CONTRACOSTCACO, COUNTY OF CONTRA COSTA 651 PINE STREET FIRST FLOOR MARTINEZ, CALIFORNIA 94553 NOTICE OF APPEAL FROM "NOTICE AND ORDER TO ABATE" C.C.C. ORDINANCE CODE 14-6.410 NOTICE OF APPEAL: PLEASE TAKE NOTICE THAT MS. ANGELA SILVA, THE OWNER OF THE REAL PROPERTY LOCATED AT 1205 TAYLORROAD, BETHEL ISLAND, CALIFORNIA, ASSESSOR'S PARCEL NUMBER 028-070-004, HEREBY FILES HER APPEAL FROM THE "NOTICE AND ORDER TO ABATE" EXECUTED BY DAN STOUGH, BUILDING INSPECTOR I, BUILDING INSPECTION DEPARTMENT, COUNTY OF CONTRA COSTA, WHICH SUCH "NOTICE AND ORDER TO ABATE" WAS ISSUED ON SEPTEMBER 15, 1999. REASONS FOR THE APPEAL: THE SUBJECT REAL PROPERTY WAS PURCHASED IN A RUN DOWN CONDITION AND THE OWNER HAS BEEN, WITH HELP OF MEMBERS OF HER CONGREGATION, IMPROVING THE PROPERTY SO AS TO MAKE ITS APPEARANCE MORE ACCEPTABLE TO THE NEIGHBORS, WHICH SUCH IMPROVEMENTS INCLUDE THE ERECTION OF A FENCE TO SCREEN THE, PROPERTY FROM THE VIEW OF THE NEIGHBORS, AND OTHER WORKS OF CLEAN- UP AND IMPROVEMENT. THE"MOBILE HOME" LOCATED ON THE PROPERTY AND WHICH IS CITED, WAS ON SITE WHEN THE REAL PROPERTY WAS ACQUIRED BY APPELLANT, AND APPELLANT WAS AND IS INFORMED AND BELIEVES THAT THE OFFENDING RESIDENCE HAS BEEN ON SITE FOR. MANY, MANY YEARS. THE OWNER STANDS READY, WILLING, AND ABLE TO BRING THE FENCE(S) INTO SUCH COMPLIANCE AS IS NECESSARY, HOWEVER THE FENCE' CAN ONLY BE DEEMED NOT IN COMPLIANCE IF ONE MEASURES THE HEIGHT FROM A POSITION IN FRONT OF THE FENCE, WHICH LOWER THAN THE PROPERTYIMMEDIATELY BEHIND THE FENCE ON THE APPELLANT'S REAL PROPERTY. THUS THIS ISSUE IS ONE OF THE CRITERIA FOR THE LOCATION OF THE TAKING OF THE Law Office of Scott K.Zimmerman September 29, 1999 Page:2 THUS, THE APPEAL IS BASED UPON THE FACT THAT THE PERMANENT STRUCTURE ON THE PROPERTY IS "GRAND FATHERED" AND IS THUS NOT SUBJECT TO THE CURRENT REMOVAL OR PERMITTING PROCESS TO RAISE THE STRUCTURE TO COMPLY WITH THE CURRENT REQUIREMENTS FOR.THE FLOOD PLAIN, AND THAT THE FENCING THAT WAS INSTALLED IS IN FACT IN COMPLIANCE WITH THE REGULATIONS AND RULES CONCERNING SUCH WORKS OF IMPROVEMENT. IN THE INTERIM, PENDING THE OUTCOME OF THIS APPEAL, AND SUCH OTHER LEGAL ACTIONS AS ARE OR MAY BE NECESSARY, NO CONTINUING HARM WILL COME TO THE COUNTY NOR.TO THE NEIGHBORHOOD FROM THE CURRENT WORKS OF IMPROVEMENT ON THE PROPERTY, AS THEY CERTAINLY DO NOT MAKE THE PROPERTY LESS ATTRACTIVE TO THE NEIGHBORHOOD THAN THE PROPERTY WAS PRIOR TO THE PURCHASE THEREOF BY THE PRESENT OWNER. NAME OF APPELLANT: MS. ANGELA SILVA C/O LAW OFFICE OF SCOTT K. ZIMMERMAN, 812 FIRST STREET, P.O. BOK 1120, BRENTWOOD, CALIFORNIA 945131120 DEPOSIT OF THE APPEAL FEE: TENDERED HEREWITH IS A TRUST ACCOUNT BANK. DRAFT IN THE SUM OF ONE HUNDRED AND TWENTY FIVE DOLLARS ($125.00) REPRESENTING THE NECESSARY APPS EE. RESPECTFULLY SUBMITTED, +D OTT K. ZEM[MERMAIr1 DATED: ATTORNtf7FOR MS. ANG LA7PR OWNER OF THE SUBJVCT TY CC: Ms. Angela Silva Mr. Michael Angelo Silva, Senior Building Inspector, 651 pine Street, 4th Floor, Martinez, CA 94553 t r r; 10 NA r >r) m 99 m 7 � i AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) I declare that I am a duly appointed, qualified employee of the Building Inspection Department of the County of Centra Costa, State of California, that pursuant to Uniform', Building Code Section 203 and Uniform Housing Cade 1990 Edition, Sections 1101, 1102 and Chapter 1, Subchapter 1, Title 25 of the California Administrative Code. K 1. I deposited attached document (s) in the United States Post Office in the City of Martinez, certified mail postage prepaid, return receipt requested, to the persons hereinafter set forth and in the form attached hereto. 2 . I posted the attached documents on the structure on the property as herein listed. 3 . I have mailed a copy of the attached documents to the following persons C/O the County Clerk. 4 . Hand delivered. Angela Silva 1205 Taylor Rd. Bethel Island, CA 94511 Inst #9.9-179068 Angela Silva 2432 Ellsworth St. Berkeley, CA 94704 Inst . #99-179068 SITE. 1205 Taylor Rd. , Bethel Island APN: 028-070-004 Said notices were mailed/posted on Se2tember 15, 1999. I declare under penalty of perjury that the foregoing is true and correct . Dated: September 15, 1999 at Martinez, California. PCD CLERK WNERIva NOTICE AND ORDER TO ABATE D.C.C. ORDINANCE CODE 14-6.410 NOTICE IS HEREBY GIVEN that an unpermitted occupied mobile home,unscreened motorhome, illegally stored camping trailers,and unpermitted fences over 6' high is in violation of. Section 84-68.1404 Section 74-1.002,82-4.270 Of the Contra Costa County Ordinance Code. The violation has been declared a public nuisance by County Abatement officer and must be abated immediately. The public nuisance is on property located at:1205 Tgylor Rd., Bothe-1 Island AI N# 028-070-004 Owner. An lily n Robin DuMolin (C�nmar on fest equalized as"strnatnt rvie or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (141 consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by: 1 Removing or obtaining permits for mobilehome&fences. 2. Removing motorhomes&camping trallers. 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 your name, address and telephone Number; be accompanied by an appeal fee of ONE HUNDRED TWENTY FIVE dollars L1126&01, 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, IsT 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:Seibto„bgr 16.1989 Dan Stoug UILOING INSPECTOR I DS.Ibp uniform.rev8X31199