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HomeMy WebLinkAboutMINUTES - 10082002 - SD.4 TO: BOARD OI= SUPERVISORS FROM: CARLOS BALTODANO DIRECTOR, BUILDING INSPECTION $' DATE: October 1, 2002 SUBJECT: APPEAL OF ABATEMENT ACTION AT: 202 Park Street, Concord, CA 94520 APN: 100.304-007 OWNER: James T. & Kelly J. Brown SPECIFIC`REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS After hearing the appeal, if 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 $2,000, if the county does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS On May 22, 2002, the Code Enforcement`Officer notified the owner's of 202 Park Street in Concord that they were in violation of the zoning ordinance. The Brown's have a storage container (back end of a truck) within an R-6..zoning district. On June 3, 2002,' a site inspection revealed that the storage container was still on site. A Notice to'Comply was issued requiring the removal or obtaining Community Development Approval. The property owners are in violation of the following County ordinance(s): Title-8, Chapter 82-2.006 (Land use violation) The owners of the property have been notified of the violation(s) through written correspondence and certified mail. As of this date, compliance has not been gained. On August 23, 2002, 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: SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF(BOARD COMMITTEE'' APPROVE OTHER SIGNATURE S ACTION OF BOARD ON7TM= 2002 APPROVED AS RECOMMENDED X OTHER X` CLOSED the public hearing; I7IifiT M the appeal of James T. and Kelly J. Brown (owner) Fran the decision of the County Abatement Officer declaring a public nuisance on property located at 2o2 Park street, Concord; AFEI the determinations of the County Abatement Officer; and DTIU= the County Abatement Officer to proceed and perform the work of abatement following;a 60-day stay of action. VOTE OF SUPERVISORS X 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT None ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES::> AND ENTERED ON THE MINUTES OF THE ASSENT: ABSTAIN: BOARD OF SUPERVISORS"ON THE DATE SHOWN. Contact:" Pam Christian(925)335-1114 ATTESTED: October 8, 2002 cc: Clerk of the Board JohnSweeten,Clerk of the Board of Supervisors and County Administrator r 3 B ' DEPUTY w:personal/boardhearings/jbrown ' BUILDING INSPECTION DEPARTMENT ` CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF James -'T T. & Kelly J BrOWn) 202 Park Street ) concord, CA 94520 ) Re: CONFIRMATION HEARING ) 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:' Board of Supervisors, final' decision Board Order on October 22 , 2002, in the above matter to the following: James Theodore and Kelly Jean Brown 202 Park Street Concord', CA' 94520 Provident Finding Associates, L.P. 1575 Bayshore Hwy, Ste 100 Burlingame, C.A. 94010 SITE: 202 Park St . , >Concord, CA APN: 100-304-007 I declare under penalty of perjury >that ' the `'foregoing is true and correct . Dated October 22 , 2002, at Martinez, California PCD CLERK V x... 1 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 Ordinance Code Chapter 14--6 .4 Uniform Public Nuisances 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. X 3 . I have mailed a copy of the attached documents to the following persons C/O the County Clerk. 4 . Hand delivered. James Theodore and Kelly Jean Brown 2.02 Park Street Concord, CA 94520 Provident Funding Associates, L.P. .1575 Bayshore Hwy, Ste 100 Burlingame, CA 94010 SITE: 202 Park St . , Concord, CA APN: 100-304-007 Said notices were mailed/posted on September 18, 2002 . I declare under penalty of perjury that the foregoing is true and correct .. Dated: September 18, 2002, at Martinez, California. PCD CLERK w:yersonalfaffidav tsfjbramzi SENDER. COMPLETE DELIVERY ■ G' ...late items 1,Z,and 3.Also oortpiete A. Signa iCf. t if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse x V--'�'3 Addressee so that we can return the card to you, g, pi ved. (Prfra' ame) 0. e of;Delivery ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: D- is delivery ad s different from item I? D Yee If YES,enter delivery address below: D No James Theodore&Kelly Jean Brown 202 Park Street Concord, Ca 94520 s. Service,Type Z106rtified Mail ©Express Mail U Registered 0 Return Receipt for Merchandise © Insured Mail ©C.O.D. 4 4. Restricted Delivery?(Extra Fee) ©Yes 2. Article Number 17 WZ; 0(, � y± g (T'ranfifer from service label) i--PS FF 3$11,August LOCH Domestic Return Receipt 102595 oz tit-h QS6 COMPLETE ■ t1t° Its sterns 1,2,and 3.Also complete A Signature if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X yam« ❑Addressee so that we can return the card to you. B. Received At Attach this caret too the back of the mailpiece, by 'nom Name) C. of ivery or on the front if space permits. m C32 D: Is delivery address different from Item 1? 0 Yes I. Article Addressed to: If Y ,en No Provident Funding Associates, L.L.. OCT 1575 Bayshore Hwy, Ste 100 2002 Burlingame, Ca 94010 __ .. ❑Registare Merchandise ©insured Mail ©G.O.D. 4 Restricted Delivery?(Extra Fee) ©Yes 2. (Thp-e Number �ra.�. `ter from service PS Fo...3$71,August 2001 Domestic Return Receipt 102595-02-M-1035 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING 1N THE MATTER OF ) James &Kelly Brown ) 202 Park Street ) Concord, Ca ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited mail with Contra Costa County Central Service for mailing in the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, and the code section in the above mat Postal D • ' CERTIFIE_U " Only., Provided) rnes &Kelly Brown cs stal Service 202 Park Street r r �. CERTIFIED MAIL Concord, CA -overage Provided) t Funding Associates, L.P. Bayshore Hwy, Ste 100 Cr Postage 'sr/ dingame, Ca 94010 Certified Fee ¢ Postmark Return Receiptree �� Here foregoing is true and correct., Martinez, CA. (Endorsement Required$ i g g p Restricted very ree€[ (Endorsement Required L ,,, fames Theodore&Kelly jean Brown , 202 Park Street C S, ---`--� Danielle Kelly,Deputy Clerk Concord, Ca 94520 g3 6 ` ' l BOARD OF SUPERVISORS9 CONTRA COSTA COUNTY, N / AFFIDAVIT- . OF MAILING �~~~` ^^~__-_-__ .G � � ' INTHE MATTER OFJames &Kelly � Brown ' 202 Park Street )Ca | � / l I declare under penalty of pe�ury 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, i \ \ ' California, first class postage fully prepaid,~_copy ~ hearing__-notice, and -the code_ section _ the above to the | | James &Kelly Brown202 ` Park Street ` - CA | | � ~^~- L.P. ` ` 1 ` 1575 Bayshore Hwy, Ste 100 � ~ . ^~~^.�~g_m--, ~_ ''.~_. ^ ' ' I declare under penalty of pe&ry that the foregoing istrue and correct., Martinez, CA. ' Date:- September `2002 Danielle � � � Kelly,DeputyClerk. � ' | ` ` ' ^ ` ' ' The Board of upefAs€�rs Contra clerk Clerk Sweeten of the t3a&rd County Costa Administration Building , ost a County Administrator: 651 Pine Street,Rodin 106 L. (925)335-1904 Martinez,California 94553-1293 CO n' John Glola,lst District 1 1 Gayle B.Ulikerna,2nd District E' , Donna CaGerber,3rd District Mark DeSaulnler,4th District Federal Glover,5th District September 27,2002 rdn James Theodore&Kelly Jean Brown 202 Park Street Concord, Ca 94520 Re: 202 Park Street,Concord APN#100-304-0037 Dear Mr.&Mrs.Brown, in accordancewith Contra Costa County Ordinance Code Section 14-6.410(public nuisance),you are hereby notified that October 8, 2002 at 9:30 am. is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the storage container(back end of truck)that exists at the residence mentioned above is in violation of C.C.C. Ord. 82-2.002` (Adoption of the Zoning Ordinance), C.C.C. 82-2.006(Land Use Violation), C.C.C. Ord. 84-14.402 (Uses Permitted in a:R-6). The hearing will be held in the Board of Supervisor's Chambers,Roam 1137, 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_ Danielle Kelly,Deputy Cle attachment cc:County Counsel Building Inspection File List DATE: September 13, 2002 TO: Carlos Baltodano,Director Building Inspection Department **REVISED** Attn: Kevin Kelly,Building Inspector'I FROM: Danielle Kelly, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: ,lames T. & Kelly J. Brown,202 Park St., Concord APN#100-304-007 This office is in receipt of the attached letter to appeal and a check for$125.00 on the above entitled matter, from the decision of the County Abatement Officer declaring as a public'nuisance that storage container(back end of truck) that exists at the residence is in violation of C.C.C.Ord. 82-2.002(Adaption'of the Zoning Ordinance), C.C.C. Ord. 82- 2.006(Land Use Violation), C.C.C. ford. 84-14.402 (Uses Permitted in a R-6). The Board of Supervisors has re-scheduled this appeal for hearing on October 8,2002 at 9:30 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 September 23,2002, f Thirteen completed packets, (one original and twelve copies, each complete) for the Beard 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 October 8, 2002 hearing date, and will reset the hearing. If you have any questions or concerns,please contact our office. Thank you. c.c.County Counsel Building Inspection-P.Christian DATA: September 3, 2002 TO: Carlos Baltodano,Director Building Inspection Department Attn: Devin W. Kelly,'Building Inspector I FROM: Danielle Kelly,Deputy Clerk Clerk of the Board of Supervisors SUBJECT: James T. &Kelly J. Brown, 202 Park 5t.,Concord APN#100 304-007 This office is in receipt of the attached letter to appeal and a check for$125.00 on the above entitled matter,from the'decision of the County Abatement Officer declaring as a' public nuisance the storage container(back end of'truck)`that exists at the residence is in violation of C.C.C'. Ord. 82-2.002 (Adoption of the Zoning Ordinance), C.C.C. Ord. 82- 2.006(Land Use 2-2.006'(Land'Use Violation),C.C.C. Ord. 84-1.4.402(Uses Permitted in a R-6). The Board of Supervisors has scheduled this appeal for hearingon October 1,2002 at 9:30 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 tater than September 18,2002. ♦ 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 October 1,2002 hearing date, and will reset the hearing. If you have any questions or concerns,please contact our office. Thank you. c.c.County Counsel R EI AUG 3 0 2002 To 'Whom It May Concern: GL RKBOARt74FStlPJ: VISORS CONTRA COSTA CO., James T. Brown, & I' Kelly J. Brown who reside at 202 Park' Street, Clyde, CA 94520 (925-687-6479) wish to appeal the order of Abatement to remove 'our 'storage container. This storage container has been in our yard for over 15 years with absolutely no problem'. There have;, been 3 tracks of homes built in the town of Clyde, with several county inspectors in and out of the town and NEVER was there an issuer At the time the lash building took place next to our home- there was a county inspector,' at my house as I" had a problem with Seenco and the removal of the soil taken 'down to a depth of at least 15 feet. This was no farther than 10 feet away from the front door of my home. I called the county many tunes regarding my concern for my home' s foundation. The shaking ;of the ground was consistent many months. Your inspector came to my home (when no homeswerebuilt yet) to inspect my foundation.. Nothing was ever said even then that we had an ordinance problem. The Carder of abatement came after` the homes were built, the fences were up, and the new homes' yard was in. This has created an extreme hardship for us as what to do with over 15 years of storage in the small amount of time given, not to mention what this will do to our new neighbor' s' yard and his fence. My question is why is this an 'issue NOW... when the building was started over the last 10 years or so with 3 or' 4 phases, when we could have possible removed it, nothing was stated ever, in any of the phases': We would like to suggest if we could leave the storage container and build a roof over it so that it would not be unsightly to''the 'neighborhood. Please consider this option: Sincer ly, rloe v Kelly J. ro n Apn:. 100-304-007 REQUEST FOR WAIVER OF THE 125 FILING FEF Individuals requesting a waiver of the $125 filing :fe4erappealing;the 'decision of the County Abatement 'offifore the Board of Supervisors must 'satisfy one or more of thowing conditions to demonstrate economic harship: 1. Appellant is legally indigent.- 2. ndigent;2. Appellant is receiving benefits purruant to the Supplemental Security Income (SSI)/and State Supplemental Payments (SSP) programs, the Aid to Families with Dependent Chil en (AFDC) program, or the Food Stamp program (Se " ion 17800 Welfare and Institutions Code) ; 3. Appellant has a monthly in ome of ,$125% or less of the current monthly pone y line annually established y the U. S. Secretary Health and Human Services pursuant to the Gmnibu Budget Reconciliation Act of 1981,' as amended; or 4 . Appellant is unable to proceed without using money which is necessary for the use of the appellant or appellant's Tamil to provide for the common' necessities of 1 fe. (CCC Ord. Coda Sec 14-8.426; Gov. Code Sec. 68511.3)- Following acknowledg 8511.3)Following >acknowledg ent that I have read the conditions noted'` above and believe I atisfy one or more of the conditions, I am therefore 'req .esti` the Clerk of the Board, to waive the filing fee of $125 for ap' eaing the decision of the County Abatement Officer as stated in the Order to Abate a Public Nuisance dated: I declare Bund penalty of perjury that the foregoing statement, including an accompanying;, statement(s) or documents? in support of this re qu st, is true and correct. (Signature of Appellant) on (date) at (City, State} OWNER: James T. & Kelly J. Brown NOTICE AND ORDER TO ABATE ccs AUS 2 � �osrA4 C C.C.G. ORDINANCE CODE14-6.410 NOTICE IS HEREBY GIVEN that the Storage container aback end of truck) that exista at the residence is in violation of: Section CCC.Ord. 82-2.002 (Adoption of the Zoning Ordinance) Section CCC.Ord. 82-2.006 (Land Use Violation) Section CCC.Ord. 84-14.442 (Uses permitted in a R-6) 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: 202 Park St. Concord CA 94520 APN#: 1100-304-007 Owner. James T. & Kelly J. Brown (Owner on last equalized assessment role or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within seven 7 consecutive calendar'' days from the issuance of this order. The issuance date is specified below. 'You may abate the nuisance by. 1 Remove storage container (back end of truck)from site. 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 ($1g6.00); 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 94558 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 ther'n to the county officer 'issuing this notice at the address or telephone number listed below. ISSUANCE DATE: August 23, 2002 Kevin W. Kelly(925} S-1'181 Building Inspector I' KwK:Ibis uniform.rev8L31199 W.Un lJ8raown.James.Aug02 CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT'' AFFIDAVITOF 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 . 1 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 . 1 !have mailed a copy of the attached documents to the following persons C/O the County Clerk: 4 . Hand delivered. James Theodore and Kelly Jean Brown 202 Park Street Concord,' CA 94520 Provident Funding Associates, L. P. 1575 Bayshore Hwy, Ste 100 ' Burlingame, CA 94010 SITE: 202 Park St. , Concord, CA APN 100-304-007 Said notices were mailed/posted on August 23 , 2002 . I declare under penalty of perjury that the 'foregoing is true and correct. Dated: August 23, 2002' at Martinez, California, PCU CLERK W:CLK/Brown.iames.Augo2