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HomeMy WebLinkAboutMINUTES - 12022003 - SD4 r �} BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) Paula Goings ) 4345 Sandmound Blvd. ) Oakley, CA 94561 ) Re: APPEAL 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 Hoard of Supervisors` final decision Board Order on --December 10, 2003 , in the above matter to the fallowing: Paula Goings 4345 Sandmound Blvd. Oakley, CA 94561 J & J Mortgage Corporation 23 Orinda way #301 Orinda, CA 94563 SITE: 4345 Sandmound Blvd. , Oakley, CA APN: 032-340-005 I declare under penalty of perjury that the foregoing is true and correct. Dated: December 10, 2003 , at Martinez, California PCD CLERK ...... mow cst a s 10 C , .. P s {^� tf1 CO C!1 tfi w. u7 f7 iG {) C CA r. -. °c bl tra a cna o W 0 n� � C3 C3 ww"On C=I ru-.I +n � 6 Er ,..ro..1 G 2 Ir C7 U-1 C3 w�rrr�rsrr� c cr tr nj r y L 8 \R S y d'`'`uo• �'yw5 � � :�� . +3 s£3s8iiagi5 . rte•. m 0 r ©❑ m Q ti o n '� cri v rux0 bC F; Q©II ro _ w �Oa�jto �" goo 0 000 Cd Cl rri of C7 C3 :x C) ° A �gfwy p PD ?, ©o 2 �' (',":3J to 41 (ti E ru c� ,c*°' CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo DATE: December 8, 2003 TO: Carlos Baltodano,Director Building Inspection Department Attu: Pam Christian FROM: Danielle Kelly,Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Completed Board Order to be mailed by Building Inspection Department El Appeal of Abatement 0 Confirmation of Costs Enclosed is a copy of completed Board Order No. SD-4-from Item on Agenda December 2, 2003 to be mailed by the Building Inspection Department to: Date of Hoard Hearing All the necessary parties (see the Pert). Please send a completed copy of your affidavit of mailing to the Clerk of the Board's office for the minute file. CC: Terry Plys, Building Inspector I-Brentwood Office AC:bg a:lcosthring.mem Y� RZQUZOT TO SPZAK FORM (TM%ZH (3) XZNUTN LIMIT] Lit Complete this fore and place it in the box near the speakers' rostrum"biome addressing.-the Beard. Name: Phone i r ..._ V , k1i Address: A - trYt City I am speaking for myself mor organizations (row of orprnizoti4n) CIMCK ONE I wish to speak on Agenda Item # Date: " 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: d w TO: BOARD OF 6UPERVISORS - �� rro� Contra Costa FROM: CARLOS BALTODAN0 County DIRECTOR, BUILDING INSPECTION " � � � ..1 a : - DATE: December 2, 2003 SUBJECT: APPEAL OF ABATEMENT ACTION AT: 4345 Sandmound Blvd., Oakley, CA APN: 032-340-005 OWNER: Paula Goings 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 30 days from the date of the mailing of the decision. FISCAL IMPACT $6,500, if the County does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS On September 28,1998,a complaint was received regarding,junkyard conditions, building without permits and storage of mobile trailers. Since 1998 the Building Inspection Department has tried through numerous meetings and correspondence to seek voluntary compliance for the following violations: remodeling to the interior of the house, an addition to the house, a structure built by adjoining two double wide trailers, a fence over six feet in height, storage of mobile trailers and commercial equipment and material. The property owner has obtained numerous permits but has failed to call for any inspections. Currently all permits are expired. The owner also applied for a variance to store the mobile trailers and was denied. On September 2, 2003, a revised Notice To Comply was sent to the property owner. On September 7, 2003, a Notice Of Violation was recorded. The property owner is in violation of the following County Ordinances: Title 7, Chatter 74-1.002 (Building Permit required) Title 7. Chapter 710-3.002 (Mechanical Permit required) Title 7. Chapter 76-12.202 (Electrical Permit required Title 8. Chapter 88-4.206 (Junkyard Conditions) Title 8, Chapter 82-2.002 (Adoption of the zoning ordinance) Title 8, Cater 82-2.006 (Land use enforcement) Title-8 Chapter 84-40.402 (Uses permitted in the A-3 zone) Title 8, Chapter 84-68.1404 (Storage of mobile homes, travel trailers, camp cars, vessels, and trailers) The property owner has been notified of the violation(s) through written correspondence and certified mail. As of this date, compliance has not been gained. On October 16,2003,the Building Inspection Department declared the property a public nuisance and posted a Notice and 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 ON December 2 2003 APPROVED AS RECOMMENDED X OTHER X *See attached addendum for Board action VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X 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. Contact: Pam Christian(925)335-1114 ATTESTED: Decetnter 2, 2003 cc: JohnSweeten,Clerk of the Board of Supervisors .' and'Gounty Adn)inistra or B (PUTY ADDENDUM TO ITEM SDA December 2, 2003 The Board of Supervisors considered the appeal by Paula Goings from the decision of the County Abatement Officer declaring a public nuisance on the property located at 4345 Sandmound Blvd., Oakley, APIA#032-340-005. Terry Plys, Building Inspection Department presented the staff report and recommendations. Also present was Michael Angelo Silva, Building Inspection Department. The Chair opened the public hearing and the following person presented testimony: Paula Goings, 4345 Sandmound Blvd., Oakely. The Chair closed the public hearing and the Board took the following action: • CLOSED the public hearing, • DENIED the appeal of Paula Goings (Owner) and John McDaniel from the decision of the County Abatement Officer declaring a public nuisance on the property located at 4345 Sandmound Blvd., Oakley, • AFFIRMED the determinations of the County Abatement Officer • DIRECTED the County Abatement{officer to proceed and perform the work of abatement after 90 days if owner is not in compliance. The Board of Supervisors Contra John sweeten Clerk of the Board Costaand County Administration Building County Administrator 651 Pine Street,Room 106 County (925)335-1900 Martinez,California 94553-4068 John Gioia,District I Gayle B.Llilkema,District 11 Millie Greenberg,District III j. Mark DeSaulnier,District IV Federal D.Glover, District v November 21, 2003 Paula Goings 4345 Sandmound Blvd. Oakley CA 94561 RE: APN#032-340-005 In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance), you are hereby notified that.December 2, 2003 at 9:30 a.m, is the date and time set for the hearing of your appeal, from the decision of the County Abatement Officer, declaring that junkyard conditions and storage of equipment,vehicles,vessels,trailers, mobiles, debris, and trash exist at the property and are in violations of the codes described on the attached Notice and Order to Abate dated October 23, 2003. The violations are on property located at 4345 Sandmound Blvd, Oakley CA 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 Mcfluen,Deputy Clerk attachment cc: County Counsel Building Inspection File List The Board of Supervisors Contra John Sweeten Clerk of the Board Cosh and County Administration Building County Administrator 651 Pine Street,Room 106 County (925)335-1900 Martinez,California 94553-4468 John Gioia,District I Gayle B.Uilkems,District lI Millie Greenberg,District III Mark DeSaulnier,District IV Federal D.Glover, District V November 21, 2003 Paula Goings 4345 Sandmound Blvd. Oakley CA 94561 RE: APN#032-340-005 In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance), you are hereby notified that December 2, 2003 at 9:30 a.m. is the date and time set for the hearing of your appeal,from the decision of the County Abatement Officer,declaring that junkyard conditions and storage of equipment,vehicles,vessels,trailers,mobiles, debris, and trash exist at the property and are in violations of the codes described on the attached Notice and Order to Abate dated October 23, 2043. The violations are on property located at 4345 Sandmound Blvd,Oakley CA 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 r rdr McHuen,Deputy Clerk attachment cc: County Counsel Building Inspection File List 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. Paula Goings 4345 Sandmound Blvd. Oakley, CA 94561 J &3 Mortgage Corporation 23 Orinda Way#301 Orinda, CA 94563 SI'Z'E. 4345 Sandmound Blvd., Oakley, CA APN: 032.340-005 Said notices were mailed/posted on November 24, 2003 . I declare under penalty of perjury that the foregoing is true and correct. Dated: November 24, 2003 , at Martinez, California. 4 CD CLERK BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER.OF ) Paula Goings 4345 Sandmound Blvd. Oakley CA 94561 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: Paula Goings 4345 Sandmound Blvd. Oakley CA 94561 Paula Goings P.O. Box 1784 Bethel Island CA 94511 J&J Mortgage Corporation 23 Orinda Way#301 Orinda CA 94563 I declare under penalty of perjury that the foregoing is true and correct, executed at 651 Pine Street,Martinez, California. Dated: No ber 21, 2003 ."ea.9v PPP eHuen, Deputy Clerk W­";�' In DATE: October 31, 2003 TO: Carlos Baltodano, Director Building L-ispection.Department Attn:Terry flys, Building Inspector FROM: Danielle Kelly, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Paula Goings & John McDaniel 4345 Sandmound Blvd., Oakley AP'N #032-340-005 This office is in receipt of a letter to appeal (see attached copy) and a check;in the amount of$125.00 for the Filing Fee regarding the above entitled matter, from the decision of the County Abatement Officer declaring as a public nuisance that building without permit(s), junkyard conditions and storage of egtuipment, vehicles, vessels, trailers,mobiles,debris, and:trash exist at the property and are in violation of the Ordinance Codes listed on the attached Notice and Order to Abate dated October 1.6, 2003. The board of Supervisors has scheduled this appeal. for hearing on December 2,2003 at 9:30 a.m. If you determine this is not an acceptable appeal, please-let us know before this hearing date. Prior to this bearing date, we require the following material in our office no later than November 19,2003. ♦ Thirteen completed packets, (one original and twelve copies, each complete) for the Board members and the Clerk of the Board; ♦ Also,completed packets equal to the addresses on the required Notice of the Hearing for our noticing purposes; ♦ And,the names, addresses and zip codes for all relevant parties,including the Appellant,and if applicable, their attorney. If we do not receive the material by the aforementioned date, we will be unable to go forward with the December 2, 2003 hearing date, and will reset the hearing. If you have any questions or concerns, please contact our office. Thank you. c.c.County Counsel Building Inspection(Pam Christian) --I''..,.......................................................................................................... .............................................................................................. .. .... ...... ii-CEWEIDI e003 To Whom It May Concern: OCT 2 2 LEIR 8 ALEKO R OF$ f1visonsCONT a I)coj 8 RVISORS CONT ACV TA Co.to RE: Property at 4345 Sandmound Blvd. Oakley, CA 94561 oos- This notice is to Appeal Abatement order of October 16'b, 2003. Reasons for appeal continued. 1.) JUNKYARD CONDITIONS—The only "trash" on my property is left over building materials that are being used to finish fencing on the backside of property. There is also "trash" contained to a small truck bed trailer to be hauled to dumps. There are no vessels on my property; there is one boat trailer for our boat that is currently in the water. We have two (2) travel trailers that we take on trips and use for our family's pleasure for vacations. There are boat trailers and motor homes in almost every driveway or yard on Sandmound Blvd. I feel that this is a direct discrimination to be cited for trailers when they are on my3/4acre property, below my fence not in the view of anyone. 2.) We are not storing any commercial equipment; we have a trailer with wood panels for our fence to be continued up the left side of property. Trailer has since been moved. The backhoe on property was to dig portholes for the fence. In response to CCC Ord. 82- 2.002, mobile trailers and camp trailers. Mobile trailers are for garage, camp trailers are personal use. 3.) We will obtain proper permit for fencing, which is 6 foot with 1-foot lattice, we will either take off the decorative lattice or get the proper permits. We will also finalize the permits already obtained. 4) No HVAC permit needed. 5.) There is no new electrical, therefore no permits needed. I feel all of this is discrimination on the part of Contra Costa County Building Department. There is an ongoing neighborhood feud. I feel neighbors calling with bogus information should not be allowed as a reason for citing us. We wish to comply with all building codes or said violations, correct them within reason but feel it is discrimination to cite us for something other people which are making complaints also, have on their property. Anything that we have i.e....trailers, etc... are behind a fence and not in view of the public. Sincerely, iate:: PauZ' Goings C>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 Statey Supplemental Payments (SSP) programs, the. Aid. to Families with Dependent Children (AFDC) pyogram, or the Food Stamp program (Section 17000 Wfare and Institutions Code) ; 3 . Appellant has a monthly income of $12 or less of the current monthly poverty line ally established by the U. S. Secretary of Health ai[d Human Services pursuant to the omnibus Budget Ronciliation 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 family to provide for the common necessities of life. (CCC Ord. Code Sec. 14-67:416; Gov. Code sec. 68511.3)- Following 68511.3)Following acknowledgement that I have read the conditions noted above and believe I satisfy one or more of the conditions, I am therefore requesting the/clerk of the Board to waive the filing fee of $125 for 'appealijfg the decision of the County Abatement Officer as stated in the Order to Abate a Public Nuisance dated I declare under palty of penury that the foregoing statement, including any acGdmpanying statement(s) or document(s) in support of this request,:,`is 'true and correct. (s1gnat5re of Appellant) on (date) at (City, State) CONTRA. COSTA-COMM 231T3iT. =G 33SPSCTTON DZPARTMMT AVr=AVXT 0 'p<dSi.'1" G, S=nCz SSC San Olt== t Lxvxxr STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA } I declares that I am a duly appointed, qualified employee of the Building Inaspection Department of the County of Contra Costa, State of California, that pursuant to Uniform Building Coda Section 102, Uniform Housing Code 1997 Edition, Section 1101.3, and Contra Costa. County Ordinance Code Chapter 14-6.4 Uniform Public Nui saancses, x I. I deposited attached Bocumentts) in the United States post office in the town of Knightsen, certified mail postage prepaid, return receipt requested, to the persons thereinafter set forth and in the form attached hereto. X 2. 2 Posited the attached documents on the structure on the property as herein listed. 3. I have mailed a copy of the attached documents to the following persons C/o the County Clark. 4. ltd delivered. Pauls 0QW' 95 4345 SaTx4ncund SIvtt, Oakley,CA 54561 J&I Moa7ga$e Corpomflon 23 Orindai Way#301 Ovirada,CA 54563 SrM: 4345 Sandmosand B1vd.,Uaktey,CA APIA: 032340-005 said notices were mailed/posted on october 1S, 2003. T declare under penalty of perjury that the foregoing is true and correr~t Dated: October 16, 2003 at Brentwood, California. 'ferry lye Building Inspector I Z,0O/MO'd 9 pt �Ct l3F - -1�t2 OWNER: Paula ragla hs NOTICE AND ORDER TO ABA'T'E C.C.C.ORDINANCE CODE 14-8.410 NOTICE IS HEREBY GIVEN that building without permit(s),junkyard conditions and stomps of equipment,vehicles,vessels,trailers,mobiles,debris,and trash exist at the property and are in violation of: 1. Junkyard Conditions. Adoption of Zoning COC.lard.82-2.002-Land use Enforcement CCG Lard.82`2.008 •Us"Permitted In Awa CCC Ord.84-40.402. Including but not Urriltted to vehicles,vessels,trailers,mobiles,debris,and trash. 2. improper land Use. Adoption of Zoning GGG Ord,822.002 Land use enforcement.GCC Ord.8202.00. Including but not iirr i ted to storage of commercial equipment,mobile trailers and cramp trafforit.. 3. Building Permit Required. Adoption of the California Building Code. CCC Ord.74-1.002 Building Permit Required.CBC106.1.Incltdld rig but not limited to fencing over 6 feet In freight,kitchen and bath ramodai. 4. Mechanical Permit required. Adoption of the California Mechanical Code. GCC Org.710- 3.002.California Moohanioal Code. 0MC112.1. Including but not limited to installation of HVAC. S. Electrical Permits Required. Adaption of the Caldor mia Eleckical Cale. CCC Ord.7$- 12.202. Electrical Permits Required.CCC Ord.78-8.202,Including but not limited to electrical for kitchen,bath.and HVAC. of the Contra Costs County Ordnance Code. The violation has been declared a public nuisance by County Abatement ofi3cer and must be abated Immediately. The public nuisance Is on property located at:4343 Sandumound 10111vd.,Clakley,CIL APN#: 032-340-005 Owner;Pain Coags (Owner on last equalized assessment rale or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE Salta PUBLIC NWSAI+ICE within n consecutive calendar days from the issuance of this order.The issuance date Is specified below. You may abets the nuisance by. 1. Remove all items that constitute a vidstlon of the above junk yard ordinance(s)Including but not finned to debris.scrap,equipment.trallere,containers.vessels and vehicles, Gall for a verification inspection wft hln the allotted time. 2. Remove all Items that constitute a violation of land uses for an A2 zone including but not united to storage of mobiles,trailers camp care 3. Obtain all necessary approvals and permits for any building.etctrical and meohmical work. Csfi for all necessary Inspections Including a final Inaction within 90 days.Electrical Aoisttons may cause a disconnect of service vAthin 14 days It you fail to abate the public nuisance within the number of days specified,the county my order this abatement by public employees,private conttarrtttr,or other means. The cost of said statement,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 ord'mary county taxes are corlected,subject to tike some penalties.procedures and sales In case of delinquency. , YOU MAY APPEAL FROM TlUS ORDER OF ABATEMENT,but any such appeal must be brought prior to the expltatlon 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 H Q8Eb TWENTY FIRE dollars (11112&0ft and be submitted to the 2111 gi JbMrd of Sglgr%d"Mat the following address: CI. Ota" HII BOARD OF SUPERVISORS,COUNTY OF CONTRA COSTA 831 PINE,S'1'FIiE'ET,1 sr FLOOR,MARTINEZ,CA 9450 One who is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee,or wallver,the Cie*of the Board will cause Me matter to be set for hearing before the Board of Supervisors and no*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 no**at the address or telephone number fisted below. ` ISSQANC9 D Oeetotrer 6,2003. Twyeft--4 BUILDING INSP 1 TP.Cle 1;001160'd 8�:y k tCC�i3€ -�-1�1