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HomeMy WebLinkAboutMINUTES - 11062001 - SD.10 TO: BOARD 'OF LAERVISORS - Contra FROM: CARLOS BALTODANO, DIRECTOR "' �'` Costa BUILDING INSPECTION DEPARTMENT �a..- JJ. County sTq_coiifft'� DATE November 6, 2001 S� 1 0 SUBJECT: APPEAL OF ABATEMENT ACTION AT: APN: 367-010-004, OWNER: George L. & Kathy A. Poppleton SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & 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: $20, 500, if the County does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS: On May 7, 2001, a file was opened regarding Junkyard Conditions, and running a Contractors Yard without a Land Use Permit in an A-2 parcel located at 2001 Franklin Canyon Road, Martinez, District 2. Items being stored as contractor equipment were the following: excavator, large panel van with boom lift, dump trucks, construction trailers, land and sea containers, conveyers belt equipment,' and assor-ed building materials. Title 8,Cha2ter 82-4 .221 (Maintaining an Contractors Yard) Title 8, Chapter 82-2.006 (Junkyard Conditions) 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 13, 2001, 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(S) ACTION OF BOARD ON November T. 2001 APPROVED AS RECOMMENDED OTHER XX 'On this date, the Building Inspection Department requested that 'this item be withdrawn from the agenda. The Board of Supervisors ;granted the request. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS ABSENT none 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 November 6. 2001 cc: Building Inspection Department JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR PRC r BY DEPUTY The Board of Supervbrs John Sweeten Centra CClerk of the Board and County Administration Building Costa County Administrator 651 Pine Street,Room 106 v v (925)335-1900 Martinez,California 94553-1293 CountyJohn Gioia,1 st District 5C L Gayle B.Uilkema,2nd District �` Fy °" °.• Donna Gerber,3rd District Mark DeSaulnier,4th District Federal Glover,5th District : 4r'9 COi1N�Y October 4, 2001 George L.&Kathy A.Poppleton 2001 Franklin Canyon Road Martinez,Ca 94553 Dear Mr. and Mrs.Poppleton: In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance),you are hereby notified that November 6,2001,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 dwelling substandard,Title 8, Chapter 82-4.221, Maintaining a Contractors Yard; and Title 8, Chapter 82-2.006,Junkyard Conditions, violations of sections of the Contra Costa County Ordinance Code, on the property located at 2001 Franklin Canyon Road, Martinez. The hearing will be held in the Board of Supervisor's Chambers, Room 107,'651 Pine Street, (the 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, John Sweeten,County Administrator and Clerk of the Board By*Kelly,Deputy Clerk attachment cc: County Counsel Building Inspection File List BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) George L. & Kathy A. Poppleton ) 2001 Franklin Canyon Road ) Martinez Ca 94553 ) Re: ABATEMENT 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 in the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, and the code section in the above matter to the following: George L. and Kathy A. Poppleton 2001 Franklin Canyon Road Martinez, CA 94553 Norwest Mortgage Inc. r P.O. Box 980 Frederick, Maryland 21706-0980 Ferdinand& Zara Koerber 2001 Franklin Canyon Road Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct., Martinez, CA. Date: October 10, 2001 Danielle Kelly, Deputy Clerk BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) George L. & Kathy A. Poppleton ) 2001 Franklin Canyon Rd. ) Martinez, CA 94553 ) Re: NOTICE OF HEARING ) 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, certified mail postage prepaid, return receipt requested, to the persons hereinafter set forth and in the form attached hereto the Board of Supervisors ' Notice of Hearing on November 6, 2001, in the above matter to the following: George L. and Kathy A. Poppleton 2001 Franklin Canyon Rd. Martinez, CA 94553 Norwest Mortgage Inc. P.O. Box 980 Frederick, Maryland 21706-0980 Ferdinand and Zara Koerber 2001 Franklin Canyon Rd. Martinez, CA 94553 SITE: 2001 Franklin Canyon Rd. , Martinez APN: 367-010-004 I declare under penalty of perjury that the foregoing is true and correct . Dated: September 25, 2001, at Martinez, California PCD CLERK CONTRA COSTA COUNTY CLERK OF THE BOARD OF SUPERVISORS INTER-OFFICE MEMO DATE: September 20, 2001 TO: Carlos Baltodano, Director Building Inspection Department Attn: Lonell Butler, Building Inspector I FROM: Danielle Kelly, Deputy Clerk Clerk of the Board of Supervisors'— psors'— SUBJECT: Appeal by George L. & Kathy A. Poppleton 2001 Franklin Canyon Road, Martinez Apn #367-010-004 This office is in receipt of$125.00 (check#1049) and a letter to appeal (see attached copy) the above entitled matter, from the decision of the County Abatement Officer declaring as a public nuisance; CCC Ord. 82-4.221, Contractors Yard and CCC Ord. 88-4.206, Junkyard Conditions. The Board of Supervisors has scheduled this appeal for hearing on November 6, 2001,at 9:00 a.m.. If you determine this is not an acceptable appeal, please let us know before this hearing date. Prior to this hearing date, we require the following material in our office no later than October 15, 2001. ♦ Thirteen completed packets, (one original and twelve copies, each complete) for the Board members and the Clerk of the Board; ♦ Also, completed packets equal to the addresses on the required Notice of the Hearing for our noticing purposes; ♦ And, the names, addresses and zip codes for all relevantparties, including the Appellant, and if applicable, their attorney. If we do not receive the material by the aforementioned date, we will be unable to go forward with the November 6, 2001, hearing date, and will reset the hearing. If you have any questions or concerns, please contact our office. Thank you. c.c.County Counsel Pam Calley,BI "ORECEIVED September 17, 2001 SEP 1 9 2001 CLERK BOARD OF SUPERVISORS Clerk of the Board of Supervisors CONTRA COSTA CO. County of Contra Costa 651 Pine Street, 1 st Floor Martinez, CA 94553 RE: Appeal of Notice and Order to Abate Issuance Date: September 13, 2001 Property Location: 2001 Franklin Canyon Road, Martinez, CA APN# 367-010-004 Owner: George L and Kathy A. Poppleton Phone No. (925)372-6622 Dear Board of Supervisors: We are appealing the above referenced Notice and Order to Abate due to the following reasons: 1. Junkyard conditions do not exist on the property per Section #CCC Ord. 88-4.206. Lonell Butler, Building Inspector 1 has wrongly determined that the small quantities of building materials that we continuously use to upgrade our property, as well as storage sheds=that are used to store feed for our livestock, tools and supplies for our personal use and4o house the local Boy Scouts supplies support classification of our property as junkyard.conditions. 2. The property is not a Contractor's Yard per Section#CCC Ord. 88-4.221. Mr. Butler continues to ignore the fact that equipment on the property is required for the upgrades that are being made and to protect the property during periods of heavy rainfall and to remove debris that enters the property from the adjacent railroad tracks. We will demonstrate to the Board of Supervisors that the above violations do no exist. In addition, we will demonstrate that the ethical guidelines that Mr. Butler is operating under are boarding on harassment. Thank you in advance for the opportunity to show that the violations have been served without merit. We look forward to the notification of the location, time and date of the hearing before the Board of Supervisors. Sincerely, /eor7lAnd Kathy A. Poppleton Enc.: Check no. 1049 in the amount of$125.00 (Appeal Fee) r� REQUEST FOR WAIVER OF THE $125 FILING FEE Individuals requesting a waiver of the $125 filing fee for appealing the decision of the County Abatement officer before the Board of Supervisors must satisfy one or more of the following conditions to demonstrate economic harship: I. Appellant is legally indigent; 2. Appellant-is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs, the Aid. to Families with Dependent-\Children (AFDC) program, or the Food Stamp pro------- ro--- Section 17000 Welfare and Institutions 3 . An*'�' ie of $125% or less of 'ine annually established ith and Human Services Reconciliation Act of 4 . A without using money wi )f the appellant or ar. r the common ne, (CCC Or 3e Sec. 68511. 3) _ Following ack, the conditions noted above and bel. �uiJthe conditions, I am therefore reqs; acne Board to waive the filing fee of $125 fo. __.e decision of the County Abatement officer as stat` _.,,JLe Order to Abate a Public Nuisance dated I declare under penalty of perjury that the foregoing statement, including any accompanying statement(s) or document(s) in support of this request, is true and correct. _ (Signature of Appellant) on (date) at (City, State) EXHIBIT B GEORGE L POPPLETON 1049 KATHY A POPPLETON 2001 FRANKLIN CANYON RD(925)229-2874 11-35/1210 MARTINEZ,CA 94553 / Date —+ 19595 Pay to the C�U fl. . ► r 11C �UQa�/K a order of Bank of America. Martinez I 626 Main St Martinez CA 925.682 644 1� For 1. 12 10003S Ell: 10498110 L9 5 31010894811 U,l` - UL�%c�- OWNER: Poppleton L. NOTICE AND ORDER TO ABATE _ C.C.C. ORDINANCE CODE 14-6.410 ' Q NOTICE IS HEREBY GIVEN that junkyard conditions and a contractors yard exist and are in violation of: (description of violation) VIP Section #CCC Ord. 82-4.221 (Contractors Yard) 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: 2001 Franklin Canyon Rd., Martinez. APN# 367-010-004 Owner: George L. & Kathy A. Poppleton (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. Remove all heavy equipment, contractors vehicles, building materials, large storage containers, travel trailers, junk, and debris from property. 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, 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 tho 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. IS .DANCE DATE: September 13, 2001 Lonell Butler, BUILDING INSPECTOR 1 (925) 335-1138 LLB: jbp Uniform.rev8/31/9 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 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. George L. and Kathy A. Poppleton 2001 Franklin Canyon Rd. Martinez, CA 94553 Norwest Mortgage Inc . P.O. Box 980 Frederick, Maryland 21706-0980 Ferdinand and Zara Koerber 2001 Franklin Canyon Rd. Martinez, CA 94553 SITE: 2001 Franklin Canyon Rd. , Mart,inez APN: 367-010-004 Said notices were mailed/posted on September 13 , 2001 . I declare under penalty of perjury that the foregoing is true and correct . Dated: September 13 , 2001. at Martinez, California . PCD CLERK 1, rl- cq 2 P 9 CY) CY)0 cu cc — =3 C\l N a) LL Lh L6 C: L6 0 L6 �T, T cu KT s C15 _j 1. 4 ra lei cu 7�. , .; '0 c R 4 i:v N s. R Lxw > q" i . 0 0 l O OJ o r cu CN l_ A CD C) .4;L CO N C) > Ile CC.) a) (D-) 0 0 Oel IM" A b U) (1) a) t 0 CU f Q C) LL C> ND w. 0 E o. 04 40- CL 0 CL > vv . . 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Poppleton 2001 Franklin Canyon Road Martinez, Ca 94553 Jirpsuage- - -- ---- Cer6fil 'ed Fee -—_— \ *-%edal Delivery Fee � . @—mg 2£wd¥`pr,ags )f \ -6 \ cc :v E2C.cc LL ) §®k t� kE ,� -a .w_ - , k 7 k k §\ f a 2 f - � Ef\ a ; ƒ)ja \ Ca�» ./ E _£ m% 4i% & -k /;\ ; } @} 2 § ® 2222 ,£ , a� J �4b oo ZIP c Q, ID Illb 4 ;IF "br' aw C) 'V lb IV b / oQ 5D q, ig $F q- IS -Az o go 5b <y f! 4p P 160 254 387 US Postal Service Receipt for Certified Mail -NO.Insurance.coverane Prnvirim. Norwest Mortgage Inc. P.O. Box 980 Frederick, Maryland 21706-0980 Postage - c/ $ Certified Fee Special Delivery Fee " Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered n Rehm Rweeipt gvh*V to Wham, Q Date,&Addressee's Address 10 TOTAL Postage&Fees is V) Postmark or Date 0 LL 07 a . 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