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HomeMy WebLinkAboutMINUTES - 02132001 - SD.9 TO: BOARD OF SUPERVISORS - {,� = Contra ""' ° Costa FROM: CARLOS BALTODANO, DIRECTOR � ~` ' a BUILDING INSPECTION DEPARTMENT �r County sr-i Epii N"� DATE: February 13, 2001 SUBJECT: APPEAL OF ABATEMENT ACTION AT 50 Water St. , Bay Point APN: 097-021-024 OWNER: Pauline Kennedy 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: $10, 000.00 if the County does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS: On December 15, 1999 a complaint .was received regarding a contractor' s yard and a trucking business that is not allowed on R-6 zoned lots. On January 5, 2000, a site inspection was conducted and that inspection revealed the following violations of the County ordinance: Adoption of Title 8, Chapter 82-2.002 (Confirms adoption of following. County Ordinance/s) Title 8,Chapter 82, Ordinance 82-2.006 (T_mproper land use, declares violation a public nuisance, permits commencement of abatement) 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 7, 2000, 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. The public hearing of this matter was opened on December 12, 2000, at that time the hearing was continued to January 16, 2001 at 9: 00 am in the Board' s Chambers. The public hearing on this matter was opened again on January 16, 2001 at 9:00 am in the Board' s Chambers, at that time, the hearing was continued to February 13, 2001 at 9:00 am in the Board' s Chambers. CONTINUED ON ATTACHMENT: / YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Fe njM 13, 2001 APPROVED AS RECOMMENDED xx OTHER xx The Board OPENED the public hearing,no one appearing to speak,the hearing was CLOSED;On Supervisor Glover's motion,the Board took the following action: APPROVED staffs recommendations as set forth above;and further DIRECTED that the appellant be given until May 8,2001 for compliance,following that deadline,the abatement process will proceed. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS X 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 February 13, 2001 cc: Building Inspection Department PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY MINISTRATOR BY ��� DEPUTY TO: BOARD OF SUPERVISORS Contra ' - }A: FROM: CARLOS BALTODANO, DIRECTOR "" l,�x Costa BUILDING INSPECTION DEPARTMENT a. a Sra you County DATE: December 4, 2000 SUBJECT: APPEAL OF ABATEMENT ACTION AT 50 Water St. , Bay Point APN: 097-021-024 OWNER: Pauline Kennedy 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: $10, 000.00 if the County does the abatement. BACKGROUND/REASONS FOR RECOMt�MNDATIONS: On December 15, 1999 a complaint was rece.ived •regarding a contractor' s yard and a trucking business that is not allowed on R-6 zoned lots. On January 5, 2000, a site inspection was conducted and that inspection revealed the following violations of the County ordinance: Adoption of Title 8, Chapter 82-2.002 (Confirms adoption of following County Ordinance/s) Title 8,Chapter 82, Ordinance #82-2.006 (Improper land use, declares violation a public nuisance, permits commencement of abatement) 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 7, 2000, 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 janja= 16, 2001 APPROVED AS RECOMMENDED OTHER XX The hearing was OPENED and no one appeared to speak. The Building Inspector noted there was a request for continuation. The Board discussed the matter. Supervisor Glover moved to continue the hearing, and Supervisor Gioia seconded the motion. The Board took the following action: CONTINUED the hearing to February 13, 2001, at 9:00 a.m. 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 ,January 16. 2001 cc: Building Inspection Department PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR B DEPUTY The Sok-rd of Superv&sCo' ntra' Phil Batchelor c Clerk of the Board Ct� and OSa county ;County Administration Building Administrator 651 Pine Street, Room 106 j (925)335-1900 Martinez, California 94553-1293 County John Gioia,1st District `1 Gayle Uilkema,2nd District --.: Donna Gerber,3rd Districtr� Mark DeSaulnier,4th District `r , n .;a Joe Canciamilla,5th District December 28, 2000 v PAULINE KENNEDY c/o ROBERT KAHN, Esq. LAW OFFICES OF ROBERT KAHN 2033 North Main Street, Ste 363 Walnut Creek CA 94596 Dear Ms. Kennedy: In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance), you are hereby notified that Tuesday,January 16, 2001, at 9:45, is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring improper land use and adaptation of zoning regulations in violation of Sections 82-2.002 and 82-2.006 of the Contra Costa County Ordinance Code, and declaring said violations a public nuisance on property located at 50 Water Street, Bay Point. 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, PHIL BATCHELOR, County Administrator and Clerk of the Board B Barbara S. Gr t puty Clerk attachment cc:County Counsel Building Inspection File List i In-12-01 17 :36 P_Ol ILaw Offices of ROBERT J. KAHN Peri Executive Centre Building Telephone 2033 North Main Street,Suite 363 Facsimile (925)932-9800 Walnut Creel:,California 94596-3126 (925)932-0551 FACSIMILE COVER SHEET DATE: January 12, 2001 TO: Clerk of the Board Contra Costa County Board of Supervisors Chair of the Board FAX NUMBER: (925) 335-1913 FROM: Robert J. Kahn, Esq. CLIENT/MATTER: Appeal of Abatement Action At 50 Water Street, Bay Paint APN: 097-021-024 Owner: Pauline Kennedy # OF PAGES (INCLUDING COVER SHEET): 3 (Should there be any error in transmission, please advise.) CONTENTS/COMMENTS: Letter dated 1-12-01 to Chair of the Board re postponement of hearing of appeal. cc: Mickie Perez (Building Inspection) via fax 646-4450 Julie Enea(County Administrative Office)via fax 335-1098 Barbara S. Grant, Deputy Clerk via fax 335-1913 Client via fax: 706-7591 THIS FACSIMILE IS CONFIDENTIAL AND MAY ALSO BE PRIVILEGED. IF RECEIVED IN ERROR, PLEASE NOTIFY US IMMEDIATELY AND MAIL THE ORIGINAL TO THE ABOVE ADDRESS. THANK YOU. r TO: BOARD OF SUPERVISORS - Contra FROM: CARLOS BALTODANO, DIRECTOR " �' u''> Costa BUILDING INSPECTION DEPARTMENT County sTA.coiiK t DATE: December 4 , 2000 SUBJECT: APPEAL OF ABATEMENT ACTION AT 50 Water St. , Bay Point APN: 097-021-024 OWNER: Pauline Kennedy SPECIFIC REQUEST (S) OR RECOMMENDATION(S) & BACKGROUND AND rJUSTIFICATION 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: $10, 000.00. 1f the County does. the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS: On December 15, 1999 a complaint was received regarding a contractor' s yard and a trucking business that is not allowed on R-6 zoned lots. On January 5, 2000, a site inspection was conducted and that inspection revealed the following violations of the County ordinance: Adoption of Title 8, Chapter 82-2.002 (Confirms adoption of following County Ordinance/s) ' . Title 8,Chapter 82, Ordinance #82-2.006 (Improper land use, declares violation a public nuisance, permits commencement of abatement) 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 7, 2000, 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 APPROVED AS RECOMMENDED OTHER 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 cc: Building Inspection Department PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY 1 The Board of SupervisorsContra Phil Batchelor Costa County Clerk of the Board Ctand os County Administration Building Administrator 651 Pine Street, Room 106 (925)335-1900 Martinez, California 94553-1293 County Ity John Gioia, 1st District Se Gayle Uilkema,2nd District Donna Gerber,3rd District Mark DeSaulnier,4th District Joe Canciamilla,5th District - December 28, 2000 ._- s_ COUN PAULINE KENNEDY ' c/o ROBERT KAHN, Esq. LAW OFFICES OF ROBERT KAHN 2033 North Main Street, Ste 363 Walnut Creek CA 94596 Dear Ms. Kennedy: In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance), you are hereby notified that Tuesday, January 16, 2001, at 9:45, is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring improper land use and adaptation of zoning regulations in violation of Sections 82-2.002 and 82-2.006 of the Contra Costa County Ordinance Code, and declaring said violations a public nuisance on property located at 50 Water Street, Bay Point. 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, PHIL BATCHELOR, County Administrator and Clerk of the Board 13�".Jj Barbara S. Gr t puty Clerk attachment cc:County Counsel Building Inspection File List 'M"' e; .. kSYY k Ir O d o- 00 crCAs V ffn 41 ©: • rn d W LntAi N w � .oe C� a -Z .es ace) N G d s o } N p �0) Q U N V O ,0 G to p to Y N � V Cr Ch CL Is your RETURN ADDRESS completed on the reverse side? we ■ ■s o u Cn ----�Oro..-. - D mj�-D2;?o o m X D G fD�p�nq-=33 Z' w QED. °°Cm i w CD Y r' D ; . �� °°70 oy m a, a j �� a ° 3 3 y y.,,. 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KAHN Peri Executive Centre Building Telephone 2033 Noffth MainStreet,Suite 363 Facsimile (925)932-9801) Walnut Geek,California 94596-3726 (925)932-0551 January 12, 2001 [VIA FACSIMILE] - (925) 335-1913 Clerk of the Board Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553-1293 Attn: Chair of the Board Re: Appeal of Abatement Action At 50 Water Street, Bay Point APN: 097-021-024 Owner: Kennedy, Pauline Dear Sir or Madame: This office is counsel to Mrs. Pauline Kennedy, the appellant in the above-named matter. I write to confirm my telephone conversation with Ms, Barbara Grant of your office in which 1. advised that the date arbitrarily set for the hearing on the above appeal, i.e. January 16, 2001 at 9:45 a.m., presents a calendar conflict for me in that i have a previously scheduled deposition set for the same date and time. Accordingly, I am hereby requesting on behalf of Mrs. Kennedy that the hearing on appeal be postponed. 1 would also appreciate it, if at all possible, to be advised as to what dates are available for the Board so that I may select one that I know will not present a further conflict. Pursuant to Ms. Grant's instructions, 1 am forwarding copies of this letter and request to both the Building Inspection Department and the County Administrative Office. Thank you for your attention to this matter. in-12-01 17= 32 P-03 Chair of the Board January 12, 2001 Page Two Very truly yours, LAW OFFICES OF ROBERT J. KAHN C ' 'lC. ROBERT J. AI iN RJK/kr cc: Mickie Perez(Building Inspection) via fax 646-4450 Julie Enea(County Administrative Office)via fax 335-1098 Barbara S. Grant, Deputy Clerk via fax 335-1913 Client BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING PAULINE KENNEDY ) 50 WATER STREET ) BAY POINT CA 94565 ) 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, and the code section in the above matter to the following: PAULINE KENNEDY C/O ROBERT KAHN,ESQ. 2033 North Main Street, Ste 363 Walnut Creek CA 94596 PAULINE KENNEDY 50 WATER STREET BAY POINT CA 94565 PAULINE KENNEDY 3221 TABORA DRIVE ANTIOCH CA 94509 I declare under penalty of perjury that the foregoing is true and correct, executed at 651 Pine Street, Martinez, California. Dated: December 28, 2000 arbara S. Gr eputy Clerk n. .w.. ani.. Ow d v, 4. � ,.CLERK O:F TI-1 'BOARD� O� �SU=P;ERVIS'OkRS TO: Carlos Baltodano, Director Building Inspection Department DATE: December 7, 2000 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Abatement Appeal of Pauline Kennedy, 50 Water Street, Bay Point The Board of Supervisors has rescheduled this Appeal for hearing on January 16, 2001, at 9:45 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 January 3, 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 relevant parties, 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 January 16, 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 Mike Molinari,Building Inspector I i n M. ASC : � .� :� ERKOFaHE~�B �ARD O SUPERVISORS II. TO: Mickie Perez, Chief Property Conservation Division DATE: October 6, 2000 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Abatement Appeal of Pauline Kennedy, 50 Water Street, Bay Point Pursuant to your request of October 4, 2000, the hearing date on the above matter has been changed from October 24, 2000, to December 12, 2000, at 9:00 a.m. t CONTRA COSTA COUNTY '-1 BUILDING INSPECTION DEPARTMENT — 651 Pine Street, N. Wing 4th Floor " c Martinez, CA 94553 Telephone: 335-1111 Fax: 646-4450 DATE October 4, 2000 TO Ann Cervelli, Chief Clerk, Board of Supervisors Attn: Barbara Grant, Deputy Clerk FROM Mickie Perez, Chief Property Conservation Division By: Mike Molinari, Building Inspector I SUBJ Appeal for Pauline Kennedy This department requests the appeal hearing date for Pauline Kennedy of 50 Water Street in Bay Point to be rescheduled. It is currently scheduled for October 24, 2000. Please notify this department with the new date. M P/MJ M:ptc .s y;a.:,.,.,..i. ... .4. .C:F� ti tan.-.!..:...:',: - ... .ea - .�z,;'s: °'y..���.�-' •,"�` :.> . CLERK-OE.STI=IE�`BQARD�OF`SLTEERVISORS: H-�� . • �.. ..�..� ...._,,,. ��, �. .rINTE ,OE'F'=ICEIVIEIVIO�=�x�t .�-F. TO: Carlos Baltodano, Director Building Inspection Department Attn: Mike Molinari, Building Inspector I DATE: September 20, 2000 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal received from Pauline Kennedy, 50 Water Street, Bay Point, c/o Law Offices of Robert Kahn, Section 82-2.002 and Section 8202.006. The Board of Supervisors has scheduled this Appeal for hearing on October 24, 2000, at 1:00 p.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 3, 2000: ♦ Thirteen completed packets, (one original and twelve copies, each complete) for the Board members and the Clerk of the Board; ♦ Also, completed packets to match the number of additional addresses on the required Notice of the Hearing; ♦ And, the names, addresses and zip codes for all relevant parties, 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 October 24, 2000, hearing date, and will reset the hearing. If you have any questions or concerns, please contact our office. Thank you. c.c.County Counsel attachment W. E COPY 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. Pauline Kennedy 50 Water. St . Bay Point, CA 94565 Pauline Kennedy 3221 Tabora Dr. Antioch, CA 94509 SITE : 50 Water St . , Bay Point APN : 097-021-024 Said notices were mailed/posted on September 7 , 2000 . I declare under penalty of perjury that the foregoing .is true and correct . Dated: September 7 , 2000 at Martinez, California . P D CL R a It OWNER: Pauline Kennedy / /,a 7-e- 14 7 -e-147 A NOTICE AND ORDER TO ABATE j//�' wo C.C.C. ORDINANCE CODE 14-6.410 s7w NOTICE IS HEREBY GIVEN that the contractors yard and the trucking company and Is In.violation of: (description of violation) Section 82-2.002 (Adaptation of zoning regulations) Section 82-2.006 (Improper land use) 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: 50 Water St., Bay Point APN# 097-021-024 Owner: Pauline Kennedy (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. Removing contractors yard, including trucks, building/grading materials and hazardous materials from R-6 zoned property. 2. Cease business operations 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 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: September 7, 2000 Mike Molinari Building Inspector I (925) 335-1113 MJM:cw4 1 _ ROBERT J. KAHN (95037) RECEIVER 2 LAW OFFICES OF ROBERT J. KAHN 3 2033 North Main Street, Suite 363 SEP 1 8 ZOO Walnut Creek CA 94596 nm ' CLERK BOARD OF SUPERVISORS 4 Telephone: (925) 932-9800 CONTRA COSTA CO.... 5 Facsimile: (925) 932-0551 6 Attorneys for Appellant PAULINE KENNEDY 7 8 9 BOARD OF SUPERVISORS 10 CONTRA COSTA COUNTY 11 12 13 In Re PAULINE KENNEDY, NOTICE OF APPEAL (50 Water Street, Bay Point, California AND APPEAL OF 14 APN# 097-021-024) NOTICE AND ORDER TO ABATE 15 Appellant, [C.C.C. Ordinance Code 14-6.410] 16 17 18 Appellant: Pauline Kennedy 3221 Tabora Drive 19 Antioch, CA 94509 Telephone: (925) 757-9627 20 21 Attorney for Appellant: Robert J. Kahn, Esq. 22 LAW OFFICES OF ROBERT J. KAHN 2033 North Main Street, Suite 363 23 Walnut Creek, CA 94596 24 Telephone: (925) 932-9800 25 Subject Site: 50 Water Street, Bay Point APN: 097-021-024 26 County 27 Reference #: 990957 28 1 1 2 3 Alleged Violation: That a contractor's yard and trucking company located on the Subject Site are in 4 violation of County Ordinance Sections 82-2.002 (Adaptation of zoning 5 regulations) and 82-2.006 (Improper Land Use). 6 Reasons 7 For Appeal: Appellant and her now deceased husband purchased the subject site in or about 8 1963. In or about 1967-8, appellant and her husband moved their trucking business to the subject site. The use of the property included storing trucks 9 upon the site and generally operating a dump truck business from the premises. 10 At or about the time of the move, appellant and her husband had contact with Edmund Lensheid, who was then a Supervisor of the County. Mr. Lensheid 11 wrote to appellant and her husband to formally confirm the appellant's right 12 to use the subject site for purposes of the family trucking business, including the storage of trucks as well as materials related to the use of the premises, upon 13 the premises. 14 In addition to the assurances and permission given by Mr. Lensheid, upon 15 which appellant relied and continues to rely, appellant has maintained a current business license issued by the County for the subject site every year. 16 In 1983, appellant and her husband moved the bulk of the trucking business 17 to Antioch, but continued to use and rely upon the subject site for storage 18 and continued parking uses. Appellant continues to use and rely upon the subject site for these same purposes as of this date, a use which dates back 19 nearly thirty-two (32) years and was approved by the Board of Supervisors 20 through the action of its member, Mr. Lensheid. 21 Not only does appellant believe she is entitled to the continued use of her property, based upon both the actions of Mr. Lensheid, the Board and her 22 use of the property for the past.32 years and to date, but appellant cannot now afford to abate as requested by the County, notwithstanding that 23 appellant is currently attempting to sell her equipment and business and wishes 24 to retire. 25 Based upon the foregoing, appellant submits that she is not in violation of the above-named county ordinances, nor any other applicable ordinance, that 26 appellant has the right, and has long held the right, (expressly confirmed by a 27 member of the Board of Supervisors) to use her property at 50 Water Street, Bay Point as she is now and for the past 32 years has been using the subject 28 property, and that, alternatively, the county is estopped to claim a violation 2 r 1 2 and/or to force any abatement of the current use of the subject property. 3 Appellant therefore appeals the Order of Abatement, requests that the Order be vacated, and further requests that the Board of Supervisors reaffirm 4 appellant's right to use the subject site, at least for such time as appellant 5 continues to make the same use of the site and until the sale of appellant's business and the cessation of such activity on the premises. 6 Appellant further requests a hearing as well as leave to submit a brief in 7 support of the appeal, addressing both the law and facts supporting the 8 appeal. 9 Dated: September 18, 2000 Respectfully submitted, 10 LAW OFFICES OF ROBERT J. KAHN 11 12 -'" By j — 13 ROBERT J. 1W, Attorney for 14 Appellant PAULINE KENNEDY 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 f-7 0 00 ,a 0 C - DID. so as -j o D OOC ec 101101- C '%'2 be 17 Doc f 4 1 OBERT J. KAHN 1789 ATTORNEY/CLIENT TRUST ACCOUNT /2033 NORTH MAIN ST STE 363 (925) 932-9800 11-35 WALNUT CREEK, CA 94507 9/18/00 1210 DATE PAY TO THE ORDER OF Clerk, Board Of Supervisors 1 125.00 hundred twenty-five and nO/100*** ------------------------------------ ***OneDOLLARS 46 Bank of Arnwica C.A.S.Attorney Trust Accounting 1664 345 Montgomery Street Safi Francisco.CA 94104 (415) 6154700 FOR Pauline Kenned-v 11800L789118 1: 12L0003SBI: L664 711108 S 28 N zsnw..' —M w, Oc r Dog 00C C (77' 60c( 00 0 0 " D 0 q IL 41 is IL 0 b 0 0 ID A 0 4D leect— C-%u C C. 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