HomeMy WebLinkAboutMINUTES - 10102000 - SD6 Tot BOARD OF SU& ARVISORS Contra
FRC}M r CARLOS BALTOnANO, DIRECTOR
Costa
BUILDING INSPECTION DEPARTMENT County
DATE: August 21, 2000 J
SUBJECT: CONFIRMATION HEARING: Report of Abatement Cost
OWNER: Toeleiu Fue
SITEr 41 S. Bell& Monte Ave, Say Point
APN% 095-032005
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RXC0MhMHDATI0N8 a
1. HEAR and CONSIDER the attached itemized report regarding the abatement of and
any objections by owner(s) or persons having legal interest in the above-
described property.
2. Add cost of abatement confirmation hearing thereto.
3. Confirm report and direct it to be filed by the Clerk of the Board.
FXSCAL IMPACT
When filed and recorded as a special assessment against the above-described
property, the amount of the assessment may be collected at the same time and in
the same manner as county taxes pursuant to C.C.C. Ord. Code 6 14-6.436.
BACKGROUND/RSASONS FOR RECOMMENDATIONS:
C.C.C. Ord. Code 5 14-6.430 requires the Board of Supervisors to hold a hearing
to confirm the assessment on abated property. Notice of this hearing has been
given by the Clerk of the Board by certified mail at least 10 days prior to this
hearing as required by C.C.C. Ord. Code S 14-6.428. As set forth in the attached
itemized report of costs, this property was abated on August 8, 2000 pursuant to
the procedures established by Contra Costa County Ordinance Code Chapter 14-6
(Uniform Nuisances Abatement Ordinance) . The property was substandard and
considered a Public Nuisance according to Section 712-2.004 and 712-4.006 of the
County Ordinance. The building was unsecured, abandoned and hazardous to the
surrounding community and it was abated by demolition.
CONTINUED ON ATTACBXXXTs ,�_ YES SIGNATURIs
RECOMMMATION OF COUNTY AMNISTRATOR
RECONX NDATION OF BOARD CONXITTEE
APPROVE OTRU
SIGNATURE(8)s
ACTION OF BOARD ON OC toterAPPROVED As RECom INDID XX OTHER
The public,hearing was OPENED; Myron Schroer, 26135 Fount Way,Hayward, appeared to speak; the
public hearing was CLOSED. The Board then teak the fallowing action: HEARD and CONSIDERED the
itemized report; ADDED the costs of the abatement; CONFIRMED the report; and DIRECTED the report to
be fled by the Clerk of the Board. (C.C.C. Ordinance Code 16-6.410)
VOTI OF SUPERVISORS
I REREBY CXRTIFY THAT THIS IS A TRUE
_X-XUNANIMOUS ABSENT - AND CORRECT COPY OF AN ACTION TARIN
AYES: NOES: AND ENTIRID ON THE KINVTES OF THE
ABSENT:_ ABSTAINt BOARD OF SUPERVISORS ON THE DATE SHORN.
ATTESTED Octgber L0 , ?trot
ccs Building Inspection Department
PHIL BATCHILOR, CLERXK OF
TRI BOARD OF S'OPERVISORS
AND COUNTY STRATOR
ti
B / DEPUTY
Building Inspection De at ,nt ��C�' Carlos Baltodano
Director of Building inspection
PROPERTY CONSERVATION DIVISION Caste
NEIGHBORHOOD PRESERVATION PROGRAM County
651 Fine Street,4th door
Martinez, California 94553-0152
PCD (925) 335-1111
NPP (925) 335-1137
FAX (925) 646-4450
irtxnm 1
NOTICE OF HEARING
(PROPOSER ASSESSMENT FOR ABATEMENT COSTS)
TO: Toeleiu Fue
41 S.Bella Monte Ave
Bay Point CA 94565
AND TO ALL OTHER PERSONS HAVING OR CLAIMING ANY RIGHT,TITLE OR INTEREST IN OR
TO THE HEREINAFTER DESCRIBED PROPERTY,THE BUILDING OR IMPROVEMENTS LOCATED
THEREON:
NOTICE IS HEREBY GIVEN THERE WILL BE A HEARING BEFORE THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY,
for approval and confirmation of the abatement costs (at hed). The said hearing will be
held on the tr_ day of � -� �.�...�' , at
the hour of l+w--'at 651 Pine Street,Board of Supervisors Chambers,room 17,
County Administration Building, Pine and Escobar Streets, Martinez, California. At that
time and place, the abatement costs will be submitted to the governing board for
confirmation and any objections or protest which may be raised by any owner of the
property liable to be assessed for the cost of such work,and any other interested persons will
be heard.
The property herein referred to is described as follows:
Parcel No: 095-032-005
Site Address: 41 S.Bella Monte Ave.,Bay Point Ca 94565
Amount of Proposed Assessment: S 10,578.01
Owner: 'Toeleiu Fue
Address: 41 S.Bella Monte Ave.
City: Bay Point CA 94565
Phil Batchelor
Clerk of the Board of Supervisors
and County Administrator
4yeputy Cler Dat
HEARING.LTR
CONTRA COSTA COUNTY
DATE:August 21, 2000
TO: Clerk of the Board
FROM: Building Inspection Department
By: Mike Molinari, Building Inspector I
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: Toelieu Fue 41 S. Bella Monte Ave. Bay Point CA
POSSESSOR: David Schubb, Security Pacific Real Estate Services,
155 Riveria Ave. , Ste E, Walnut Creek, CA 94596
MORTGAGE HOLDER: Opal M Graham, 41 Astrada Dr Hayward CA 94544
Myron Schroer, 534 "A"st ##4 Hayward CA 94541
Homeowners Mortgage & Equity, 18 Corning Ave, Milpitas CA 95035-
5339
Mendaros Family Trust dba Trans Pacific Mortgage 18 Corning Ave,
Milpitas CA 95035
ABATEMENT ORDERED DATE: February 21, 2000
ABATEMENT COMPLETED DATE: August 8, 2000
SITE ADDRESS: 41 S. Bella Monte Ave. , Bay Point CA 94565
APN ## : 095-032 -005
PROPERTY DESCRIPTION: single family residence
AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428)
ITEM EXPLANATION COST
Mailing Certified letters $14 .90
Photo developing Pictures $13 . 11
Pirt Title Search $100 . 00
Northern Abatement demolition $10, 300 . 00
NOV fees site inspections $150 . 00
Total. $10, 578 . 01
Abatement costs can be paid at or mailed to Building Inspection
Department, Property Conservation Division, 651 Pine Street, 4th
Floor, Martinez CA 94553 .
Our offices are closed on the first, third and fifth Friday of
each month.
HART J.SCHENONE 4�
R014AM O.PECK
LAW OFFICES OF RE �VED
SC3ENCINE & PECK �J
1260 B Street,Suite 350 0 C T 1 1 2000
.Hayward.Califbmia 94541
TET,(510)581.6611
FAX:(510)581-6I74 CLERK 8 AM)OF SUPERVISORS
CONTRA COSTA CO.
October 9, 2000
BY FACSIMILE and US NUL
Carlos Baltoda.no
Contra Costa Building Inspection Department
651 Pine Street, Fourth Floor
Martinez, CA 94553
925-646-4450
Clerk of the Board of Supervisors
Contra Costa County
651 Pine Street, Room 106
Martinez, CA 94553
925-335-1913
RE: 41 SOUMBELLA MONTF.�+'.r�.BsY pOINT, C'nLIFC3gN A 94565
Assessor's Parcel_NUVlbgr: 095-032-005
Dear Sirs :
We are the attorneys for Myron Schroer, the holder of the
second deed of trust on the above described property. Mr. Schroer
is also the only person who has had any possession of the property
since February of this year.
The purpose of this letter is to formally object to the Board
proceeding with the hearing on October 10th, as well as to formally
state our client ' s objection to the proposed assessment .
On the first issue, our client objects to the Board proceeding
on October 10, 2000 . Our client, Myron Schroer, was not provided
notice of this hearing. our client only indirectly learned of this
hearing because notice was sent to Security Pacific Real Estate
Services, the agent for the holder of the first loan on the
property. This is true despite the fact that Mr. Schroer has the
second deed of trust on the property, has already published his
notice of sale to complete his foreclosure and will be the owner of
the property shortly, and is the only party to respond to the
Building Inspection Department ' s request for clean-up and abatement
of the problem on the property.
In view of this background, notice of this hearing should have
been given to Mr. Schroer. Because it was not done so, Mr. Schroer
requests the hearing be postponed to a future date so he can take
proper steps to be heard in this matter.
Carlos Baltodano, Building Inspection Department
Clerk of the Board of Supervisors
Contra Costa County
October 9, 2000
page -2-
Secondarily, Mr. Schroer does object to the imposition of the
assessment in this matter. His position is as set forward in the
claim filed with the County of Contra Costa, a copy of which is
attached. In summary, Mr. Schroer had loaned funds to the prior
owner of the property. That person defaulted. Mr. Schroer was in
the process of foreclosing when he learned there was a threat of
demolition of the improvements on the property. Mr. Schroer
immediately contacted the Building Inspection Department . He was
asked to make certain corrections on the property. . He did so. He
received no further notices that any further activity was required
on his part . . On or about June 1, 2000, he learned that the
Building Department had demolished the residential structure on the
property. This was done without giving Mr. Schroer any further
notice. When Mr. Schroer contacted the Building Inspection
Department to find out why somebody had not contacted him so he
could have continued to cure any problems that may have existed on
the property, he was told simply that the Building Inspection
Department was not legally required to give him notice.
Once again, our request is that the hearing be continued. On
behalf of our client, we respectfully request that the proposed
imposition for a lien for the abatement costs be denied.
Sincerel
SCH N PSIM
ECK
RGP:cic
Enc
CC : Myron Schroer
.Vr
Claim to: BOARD OF ST TRVISORS OF CONTRA COSTA WUNTY
STI�k,XJC 1"IONS IQ+L"ANT M
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 10&day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
)
MYRON D. SCHROER and }
)
CINDY C. SCHROER }
Against the County of Contra Costa or )
District)
(Fill in name) )
}
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of$ 26,000.O(knd in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
On or about June 1 , 2000; the exact date is unknown since claimants
only learned that the County demolished their residential structure
after the demolition occurred.
2. Where did the damage or injury occur? (Include city and county)
41 South Bella Monte
Bay Point, CA 94565
3. How did the: damage or injury occur? (Give full details; use extra paper if required)
On or about February 11 , 2000, the County gave notice to the claimants
as holders of a deed of trust that was in foreclosure of the need to
abate a public nuisance on the above reference property within ten ( 10)
days .
(continued on next page)
N1,
#3 cont hued.
As a secured lienholder on the property, this notice, and the
potential demolition of the residential structure on the property,
affected Claimants' substantial economic interest in the property.
Other lienholders were also notified.
Claimant MYRON SCHROER immediately contacted the noticing
agency (Building Inspection Department) and worked with the
assigned building inspector to (1) eliminate all health and safety
violations; (2) demolish the non-conforming addition; (3) cleared
the lot, and (4) secured the property. Claimants completed this at
their substantial cost, with their own labor. Claimants remained
ready, willing, and able to perform any other work on the property
that was necessary to abate any nuisance; Claimant MYRON SCHROER
did everything the building inspector representative told him to
do; he was told nothing further was required at that time.
This work was completed in approximately mid-March, 2000 .
No further notices were given to Claimants of any further
inadequacies or problems .
On or about June 1,2000, Claimants learned that the Building
Inspection Department demolished the residential structure on the
property without further notice to Claimants. The Building
Inspection Department did so even though they knew that Claimants
had a recorded deed of trust on the property that was in
foreclosure; and that Claimant MYRON SCHROER was responsive to the
County' s prior notice, and was willing to resolve any other
problems on the property.
#, What particular act or omission on part of county or district officers, servants, or employees 6sused the
ury or damage's
Demolition of the residential sitructure; failing to provide prier notice !
to 'Claimantsi imposition of an approximate $11,800 lien on the property. =
S. What are the names of county or district officers, servants, or employees causing the damage or injury?
MIKE MOLINARI and the clerical assistant in the Building Inspection
Department who failed to provide notice to Claimants.
b. 'What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.)
a) Imposition of an $11 ,000.00 lien, and
b) Decline in value of the property - $15,000.00
Total = $26,000.00
7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or
damage.)
a) Amount of recorded lien: and
b) Opinion of real estate broker for prospective buyer.
9. Names and addresses of witnesses, doctors, and hospitals.
MYRON SCHROER, 534 A Street, #4, Hayward, CA 94541
9. List the expenditures you made on account of this accident or injury.
DATE AMO
Approximately $3 ,000.00 in Claimants ' labor and materials in abating
the nuisance after the first notice.
Gov. Code Sec. 910.2 provides"The claim must be
signed by the claimant or by some person on his behalf"
SEND NOTICES TO: ( ttornev
Name and Address of Attorney )
RONALD G. PECK (SB# 76892) )
SCHENONE & PECK ) /r
1260 B Street, Suite 350 ) (Claimant's Signature)
Hayward, CA 94541 )
534 A Street, #4
(Address)
Hayward, CA 94541
)
Telephone No. 510-581-6611 Telephone No. 510-886-0311
N0710E
Section 72 of the Penal Code provides:
Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any
County,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account,
voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not
exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not
exceeding ten thousand dollars(S 10,000),or by both such imprisonment and fine.
v.:..fir:..,;....--,^,........ ................... .. ..
SENDER: I silo wish to receive the
a Complete items 1 and/or 2 for additional services, Ialsoservices for he
■Complete Items 3,4a,and 4b. following ( an
a Print your name and address on the reverse of this form so that we can return this extra fee):
card to you.
■Attach this form to the front of the mailpiece;or on the back If space does not 1-❑ Addressee's Address
ppermit.
■Wriza"Return Receipt Requested"on the mailpiece below the article number. 2.❑ Restricted Delivery
o The Return Receipt will show to whom the article was delivered and the date Consult 'S,
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SENDER: I also wish to receive the
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■write"Return Receipt Requested"on the mailpiece below the article nu
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■Print your name and address on the reverse of this form so that Baa can return this extra fee}:
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■Attach this form to the front of the mailpiece.or on the back if space does not
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TOELEIU PUE& 4b.Service Type
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41 S. SELLA MONTL ❑ Express Mail ❑ Insured
E] Return Receipt for Merchandise ❑ COD
BAY POINT CA 94565
7.Date of Delivery
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6.Signature:(Addressee or Agent)
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S` )ER: I also wish to receive the
■Gu npleta items 1 and/or 2 for additional services. following services for an
■Complete items 3,4a,and 4b. g
■Print your name and address on the reverse of this form so that we can return this extra fee).
card toyou. u
■Atttach 4a form to the front of the mailpiece,or on the back it space does not 1.❑ Addressee's Address
■Wnte"Return Receipt Requested"on the mailplece below the article number. 2.❑ Restricted Delivery
■The Return Receipt will show to whom the article was delivered and the date postmaster for fee.
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Jam'' )ER; I also wish to receive the
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card to ou.
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■The Return Receipt will show to whom the article was delivered and the date
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OPAL GRAHAM 4b Sery
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PS Form 3811,December 1994 102595-98-13.0229 Domestic Return Receipt
............
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,
CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF
TOELEIU FUE &
OKETOPA SILATOLU
41 S. BELLA MONTE
BAY POINT CA 94565
Re: CONFIRMATION OF COSTS
I
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 in the United
California, a copy of the hearing notice, and the code se- P 160 253 889
following: a. f-I
TOELEIU FUE & P 160 253 890
OKETOPA SILATOLU %
41 S. BELLA MONTE p 160 253 8\1
BAY POINT CA 94565
P 160 253 892
OPAL GRAHAM US Postal service
CIO CAROL DU FRANA — - — -- - - --
41 ASTRIDA DRIVE P 160 253 813
HAYWARD CA 94544
Us Postal Service
MYRON SCHROER& Receipt for Certified Ma
CINDY SCHROER MYRON SCHROER&
534 A STREET#A CINDY SCHROER
HAYWARD CA 94541 . 534 A STREET#A
MENDAROS FAMILY CORP. HAYWARD CA 94541
DBA TRANS-PACIFIC MORT. Postage
18 CORNING AVENUE
ceranaa Fee
MILPITAS CA 95035-5339
Special Delivery Fee
HOMEOWNERS MORT &EQUITY, INC. Restricted Wivmy 49
DBA HOME, INC. ' Return%c*showing to
'" Wiwm
18 CORNING AVENUE &Data Ueliveted
MILPITAS CA 95035-5339
TOTAL Postage&Fees
I declare under penalty of perjury that the foregoing g Pasut,aik create
a.
Date: September 22, 2000
t
Deputy Cl k, bara S. Grant
1
OWNER: FUE
4
NOTICE AND ORDER TO ABATE
C.C.C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that the residence is substandard
and is in violation of: substandard dwelling, iunkyard conditions and is considered
a public nuisance.
(description of violation)
Section U.H.C. 1001.0 Substandard Dwelling
Section CCC ORD. 14-6.410 Public Nuisance
Section CCC ORD 88-4.206 Junkyard Conditions
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: 41 S. Bella Monte Ave., Bay
Point
APN# 095-032-005
Owner: Toeleiu Fue
(Owner on last equalized assessment role or as otherwise known)
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC, NUISANCE within
ten (10) consecutive calendar days from the issuance of this order. The
issuance date is specified below. You may abate the nuisance by:
1. Obtaining permits and bringing residence up to code.
2. Demolish structures not conforming to current codes.
3. Remove all vehicles, trash and debris from lot and premises.
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
($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, 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: February 11, 2000
Mike Molinari
BUILDING INSPECTOR I
MJM:ptc
uniform.rev8131199
CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT
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 Contra ,.
Costa, State of California, that pursuant to Uniform Building Code
Section 102, Uniform Housing Code 1997 Edition, Section 1101 . 3, and
Contra Costa County Ordnance Code Chapter 14-6. 4 Uniform Public
Nuisances.
X 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
thereinafter 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.
Toelelu Fue & Oketopa Silatolu
41 S. Bella Monte
Bay Point, CA 94565
Opal M. Graham
C/o Carol Du Frana
41 Astrida Dr
Hayward, CA 94544
Myron D. Schroer & Cindy Schroer
534 A St #4
Hayward, CA 94541
Mendaros Family Corporation
Dba Trans:-Pacific Mortgage
18 Corning Ave
Milpitas, CA 95035-5339
Homeowners Mortgage & Equity, Inc
Dba Home, Inc
18 Corning Ave
Milpitas, CA 95035-5339
SITE: 41 S. Bella Monte Ave. , Bay Point
APN: 095-032-0005
Said notices werp, mailed/posted on February 11, 2000 . '
I declare under penalty of perjury that the foregoing is true and
correct .
Dated: February 11, 2000 at Mart ` Cal ' rnia.
�' PCD CLERK