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HomeMy WebLinkAboutMINUTES - 01162001 - D3 D.3 TO: BOARD OF SUPERVISORS FROM: CARLOS BALTODANO, DIRECTOR ,+! Contra BUILDING INSPECTION DEPARTMENT . Costa DATE: December 5, 2000 County SUBJECT: APPEAL OF ABATEMENT ACTION AT 2670 Bixler Rd. , Byron APN: 011-251-001 OWNER: Oros►co SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JCTSTIFICATION 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: $18,500, if the County does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS: On March 15, 1999 a complaint was received regarding illegal hook-up of a mobile home. On June 7, 1999, Land Use Permit #LP9902019 was approved by the Community development Department for a "temporary mobile home for a family member". The pink mobile home was to be rendered uninhabitable and stored. A complaint was received on February 7, 2000 of building without permits. Site inspections revealed: 1) Pink trailer occupied and hooked up to utilities. 2) Junkyard conditions exist on property. 3) Mobile home for family member is being used as a rental to non-family members. Recommend abatement of pink mobile home, junk not related to nursery business, vehicle dismantling and repair operations that are in violation of the following ordinances: Title 7, Chapter 82-2.006 (Zoning Violation) Title 7, Chapter 84-68.1404 (Violation: Storage of mobile home) Title 7, Chapter 88-4.204 (Junkyard: Declaration of Policy) Title 8, Chapter 88-4 .208 (Junkyard: nuisance - ,abatement) Title 7, Chapter 84-68.2002 (Violation: temporary use, Family Occupancy) 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 20, 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 ATTACHMZNT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON ffi1LJ8ry , APPROVED AS RECOMMENDED XX OTHER The public heaving was OPENED, and the following people appeared to speak: Mark McLaughlin, Attorney for Appellant; and Martin Gonsalves,Attorney for Property Owner. Those desiring to speak having been heard,the Board CLOSED the public hearing and considered the matter. Following further discussion, the Board took the following action: APPROVED staffs recommendations as set forth above. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS: XX ABSENT _ AND CORRECT COPY OF AN ACTION TAKEN AYES: NOSS: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED J&miary 16, 2W1 cc: Building Inspection Department PHIL SA C_ LOR, CLERK OF THE BOARD ERVISORS AND COUNT ISTRAT B ,DEPUTY REQUEST TO SPEAK FORM 1b. FREE(3)CUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. C' Name: T,-\ Vt CN ttl Phone: Address: . cJ t,,s y') t- City:Zo I am speaking for n�3+s+ Ct+°'�, ror titin: (name of ` tion) CHECK ONE: I wish to speak on Agenda Item# Date: My comments will be: general for against 1 I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: REQUEST TO SPEAK FORM (T]UREE(3)MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. " . Name: 4 I'Iurne`, � Address: -:L h - City: C�^ � K am speaking for myself or organization: OW- 6 R-0 (, of orp�tion) CHECK ONE: I wish to speak on,Agenda Item _ Date: , L 1L O My comments will be general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: The Board of 5upervisc.3 .Cojitra PCtrk of erkot Batchelor the Board Costa County and County Administration Building Tl - Administrator 551 Pine Street, Room 106 (925)335-19W Martinez,California 94553-1293 County John Giota,1st District Gayle Uiikema,2nd District Donna Gerber,3rd District Mark DeSaulnler,4th District " Joe Canclamilla,5th District $E December 22, 2000 Colby Villasenor c/o Mark McLaughlin,Esq. 3012 Lone Tree Way, Ste 300 Antioch CA 94509 Dear Mr. Villasenor: 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 the improper habitation of mobile home; storage of mobile homes and recreational vehicles;junkyard; declaration of nuisance; temporary use for family occupancy in violation of Sections 82-2.006, 84- 68.1404, 88-4.208 and 84-68.2002 of the Contra Costa County Ordinance Code, and declaring said violations a public nuisance on property located at 2670 Bixler Road,Byron.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 By arbara S. Gr t, uty Clerk attachment cc:County Counsel Building Inspection File List I , Wilfred Orosco, sign this paper, acknowledging that this is sufficient and proper notice of the Hearing on the Abatement Appeal by Colby Villasenor, set for public hearing on January 16, 2000, at 9.45 a.m. in the Board of Supervisors` Chambers at 651 Pine Street, Martinez. I also acknowledge that I have received the letter regarding the hearing and a copy of Chapter 14.6 referring to General Provisions of Abatements. Dated: �` Signe Wi ss: SENDER: I also wish to receive th is Complete items 1 and/or 2 for additional services. following services(for ar, W ■.Complete items 3.4a,and 4b. s Print your name and address on the reverse of this form so that we can return this extra fee): Y' card to you. r Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address ppeen"'t' 2.❑ Restricted ■Writa"Return Receipt Requested"on the mailpiece below the article number. Delivery ■The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. delivered. p ti 3.Articie Addressed to: 4a.Arti 7,. f B ar a PLANT—IT EARTH 4b.Service Type 8 COLEY VILLASENOR ❑ Registered Certified c us -P.O. BOX 1477 ❑ Express Mail C] Insured 0 OAI.EY CA 94561 ❑ Return Receipt for Merchandise [ICOD s 7.Date of Ceii "a c 5.Recgjvad By: P intrName) I f S.Address e's Address Pnly if requested x and fee is paid) 6.Sign r ad essee o Agent) t" 3 0 2 PS Form 38 1,December 1994 102595-98-t3-0229 Domestic Return Receipt CA O CA > CD SSW 0 Gfl C � W 0co . co j to 0) IT + ` fill' sa -13 r1, � o Ln 03 tTJ w I r.r rn+ 0 Oki jw t--' rn .o. 60 r-� rM cz R «- dg4LjTiCE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 NOTICE IS HEREBY GIVEN: There is a Land Use Violation: Livina in mobile home illegally.operatinn vehicle repair shop, illegal storage of RV trailer and iunkyard conditions and is violation of: (Description of violation) CCC Ord: 82-2.006, Land Use Violation CCC Ord: 84-68.1404, Storage of mobile homes & recreational vehicles CCC Ord: 88-4.204, Junkyard CCC Ord: 88-4.208, Declaration of nuisance CCC Ord: 84-68.2002, Temporary use for family occupancy 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: 267Q BI,xIer Rd. SYron. APN# 011.251.001 Wrier: 'Wlli�tiad T; &Ans elle sl Oroaco (owner on last equalized assessment role or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ten (151 consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by: 1. Removing mobile home, and junk off property. 2." Acqulre proper approvals, and permits for structures. 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 (112-5.00);, and be submitted to the Clerk of the Board of Supervisors at the following address: CLERIC OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 651 PINE STREET, 1ST FLOOR, MARTINEZ, CA 04553 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: ISSU NCE TE: Sebtembi►r 20, 2000 25 335A128 I3`U]LdING INSPECTOR I JHP:ptc uniform.revil/31/99 Is your RETURN ADDRESS completed on the reverse side? •eolAja5 idleoea u mlaki Sulsn ao;noA ilueyl 17 trn Cn W e■ ■ ■■■ N CL -n xUS ��XpD7 LL7 �* m a' °3 Z f5 M�y caro a �j.c rt?ro® .c 'V N d �y yr y Nl. f91 a'7 ro d 066'm m CE (� Q y d C70 4d m W d Sl U l p chi rT+ ca w oCD CC CD _ ro m— Tc r .ni O o, _ a> Q fl y © wID CO O Y, N E-0 Li 411 LG ko Q LU 3f 0 Cr ZIE C NLD ' LDD m 2 7 2 ty 6 € d3 N fl Lp ro ro N Ma Cr W 0 El 11 � ��"` � 3J M x CnN c 25 An, L/1 o QL rL m ttm� cD o. 3 `a `o .� iE aCrL a C7 is o ° o in Cc: n r. CD 0 �' m w CO CL m OQ. ❑ ❑ o v om m m —+ > Thank you for using Return Receipt Service. LSPIs asaanaa ay}uo paalduioo fno/i sl •eolnasSjdieoad uan;ay Bulsn ioa noR)Iueyl p m > CD = d a) 0Q - o U U -Z r m U) ❑.❑ L Ca O -c E rr 0) U) t �, C tll D ED .� _E p [0 CL CD t] [O cr1 ur M ) v c E-0 d 6 0 c0 til Ute, �v y t5 O O m E� W � Wd•tn z % n CM w c s.c rj Mt U ,-d5 ai O U .. :r LY$ CO ." V- LM 0 Uzi A MEC cccnLL r■■ r ■r c�i C> Ori w ;_sofa 09JOAGI aw uo rla�� U,.�.�.�...9 anoA si....:. BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) COLBY VILLASENOR ) 3012 LONE TREE WAY, STE 300 ) ANTIOCH CA 94509 ) Re: APPEAL ) P 160 253 596 I declare under penalty of perjury that I am now, and at all timf P 160 253 897 citizen of the United States, over age 18; and that today I depw Costa County Central Service for mailing by the United States P 160 253 895 California, first class postage fully prepaid, a copy of the hearii the above matter to the following: P 160 .253 $94 WILFRED &ANGELINA OROSCO us Postal service 2670 BIXLER ROAD Receipt for Certified Mail $YRON CA 94514 No Insurance Coverage Provided. Do not use for Intemational Mail[See reverse) PLANT—IT EARTH COLBY VILLASENOR COLEY VILLASENOR C/O MARK McLAUGHLIN,ESQ. P.O. BOX 1477 3012 LONE TREE WAY, STE 300 OAKLEY CA 94561 ANTIOCH CA 94509 WORLD SAVINGS &LOAN Certified Fee Ag 1901 HARRISON STREET Spada]Delivery Fee OAKAND CA 94612 Restricted Delivery Fee � ui °3 Retum Receipt Showing to COLBY VILLASENOR *�G Whom&Date Delivered C/O Mark McLaughlin Esq. oa Who, ss 3012 Lone Tree Way, Ste 300 Antioch CA 94509 Co TOTAL Postage&Fees Postmark orDate 0 I declare under penalty ofperjury that the foregoing is true and Street, Martinez, California. Dated: December 28, 2000 arbara S. Grant Clerk The Board of Supervise► Cjc�ntr Phil Batchelor Clerk of the Board Costa County Administration Building and County and 651 Pine Street, Room 106 (925)335.1900 Martinez,California 94553-1293 County John Gioia,1st District Gayle Uilkema,2nd District Donna Gerber,3rd District _- Mark DeSauinier,4th District rf Joe Canciamiila,5th District December 22, 2000 Colby Villasenor c/o Mark McLaughlin,Esq. 3012 Lone Tree Way, Ste 300 Antioch CA 94509 Dear Mr.V111asenor: 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 the improper habitation of mobile home; storage of mobile homes and recreational vehicles;junkyard; declaration of nuisance; temporary use for family occupancy in violation of Sections 82-2.006, 84- 68.1404, 88-4.208 and 84-68.2002 of the Contra Costa County Ordinance Cade, and declaring said violations a public nuisance on property located at 2670 Bixler Road,Byron. 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 By Warba"raS. Cir #lu�iy�Clerk attachment cc:County Counsel Building Inspection File List CONTRA COSTA COUNTY B'I,J'ILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR RAND 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 Ordinance 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. Wilfred & Angelina Orosco 2670 Bixler Rd Byron, CA 94514 World Savings & Loan Association 1901 Harrison St Oakland, CA 94612 Loan #9317215 SITE: 2670 Bider Rd,Byron APN: 011-251-001 Said notices were mailed/posted on September 20, 2000 . I declare under penalty of perjury that the foregoing is true and correct . Dated: September 20, 2000 at Maul z, C 1 ' forma. P,CD tftRk i