HomeMy WebLinkAboutMINUTES - 12092003 - SD3 E,--S_E---
TOL
• BOARD OF SUPERVISORS
Contra-
• 1
� �����n �� ;z
FROM: CARLOS BALTODANO �,; r �ko� Costa
DIRECTOR, BUILDING INSPECTION County
`sT9 COUP'�
DATE: November 4, 2003
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
26 Canyon Lake Dr., Port Costa
APN: 368-145-014
OWNER: Nicolas & Valerie Arnold
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 after 30 days from the date of
the mailing of the decision.
FISCAL IMPACT
$4,000, if the county does the abatement.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On Februaryl 3, 2003, staff noticed an attached stucco fence over six feet tall being
built without a permit. Staff informed the property owner that a permit is required. On
February 18, 2003, the property owner applied for an appropriate building permit for
the attached stucco fence over six feet. To date, a permit has not been issued.
Subsequent phone calls and correspondence to the property owner have gone
unanswered. On June 12, 2003, a site inspection was conducted and the inspection
revealed the following violations of the County Ordinance:
Title 7, Chapter 74-1.002 (Attached stucco fence over six feet built) Adoption of the
California Building Code. Building Permits required for construction, CBC 106.1.
On October 2, 2003, the Building Inspection Department declared a public nuisance
on the property 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 APPROVED AS RECOMMENDED OTHER
**No action taken at this time**
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.
Contact: Pam Christian (925)335-1114
ATTESTED: December 9, 2003
cc: JohnSweeten,Clerk of the Board of Supervisors
and County Administrator
BY�IAAJ,bUa4EPUTY
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 . 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
thereinafter set forth and in the form attached hereto.
2 . 1 posted the attached documents on the structure on the
property as herein listed.
X 3 . 1 have mailed a copy of the attached documents to the
following persons C/O the County Clerk.
4 . Hand delivered.
Nicholas & Valerie Arnold Sanwa Bank of Calif .
26 Canyon Lakes Dr. 1977 Saturn St.
Port Costa, CA 94569 Monterey Park, CA 91754
Nicholas & Valerie Arnold Sanwa Bank of Calif .
P.O. Box 75 P.O. Box 513685
Port Costa, CA 94569 Los Angeles, CA 90051-3685
SITE: 26 Canyon Lakes Dr. , Port Costa, CA
APN: 368-145-014
Said notices were mailed/posted on October 22, 2003 .
I declare under penalty of perjury that the foregoing is true and
correct .
Dated: October 22 , 2003 , at Martinez, California.
P CLERK
SD.7
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 4, 2003 by the following vote:
AYES;, Supervisors Gioia, Uilkema, Greenberg, Glover and DeSaulnier
.NOES: None
ABSENT: ' None
ABSTAIN: None
SUBJECT: Abatement appeal of Nicolas &Valerie Arnold, 26 Canyon Lake Dr.,
Port Costa, APN #368-145-014
CONTINUED to December 9, 2003 at 9:30 a.m. and DIRECTED the Building Inspection
Department and Community Development Department to assist the owners with obtaining
the proper permits
I hereby certify that this is a true and
correct copy of an action taken and
entered on the minutes of the Board of
Supervisors on the date shown.
Attested: November 4, 2003
John Sweeten, Clerk of the Board
Of Supervisors and County
Administrator
By:
Deputy Clerk
s� 7
TO: BOARD OF SUPERVISORS Contra
Costa
FROM: CARLOS BALTODANO
DIRECTOR, BUILDING INSPECTION °°r; n--- County
DATE: November 4, 2003
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
26 Canyon Lake Dr., Port Costa
APN: 368-145-014
OWNER: Nicolas & Valerie Arnold
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 after 30 days from the date of
the mailing of the decision.
FISCAL IMPACT
$4,000;-if the county does the abatement.
BACKGAOUND/REASONS FOR RECOMMENDATIONS
On Februaryl 3, 2003, staff noticed an attached stucco fence over six feet tall being
built without a permit. Staff informed the property owner that a permit is required. On
February 18, 2003, the property owner applied for an appropriate building permit for
the attached stucco fence over six feet. To date, a permit has not been issued.
Subsequent phone calls and correspondence to the property owner have gone
unanswered. On June 12, 2003, a site inspection was conducted and the inspection
revealed the following violations of the County Ordinance:
Title 7, Chapter 74-1.002 (Attached stucco fence over six feet built) Adoption of the
California Building Code. Building Permits required for construction, CBC 106.1.
On October 2, 2003, the Building Inspection Department declared a public nuisance
on the property 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 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.
Contact: Pam Christian (925)335-1114
ATTESTED:
cc: JohnSweeten,Clerk of the Board of Supervisors
and County Administrator
BY .DEPUTY
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November 3, 2003
Contra Costa County
Board of Supervisors
651 Pine Street
Martinez, California 94553
Members of The Board,
This letter is to inform you that the wall with arch attached to the Arnold home at 26
Canyon Lake Drive in Port Costa(parcel 368-145-014)does not provide any hindrance to
firefighting operations for either the Arnold home or any of the neighboring properties.
Since the reconditioned structure and wall have been covered with stucco the fire
resistance has actually been improved over the previous wall covering.
On a personnel note I think that the wall in question is a definite improvement to the
property and blends well with the home. The Arnold family should be granted a variance
for their wall.
Sincerely,
Gerald C. Littleton
Fire Chief
PO BOX 62
• 57 Canyon Lake Dr.
Port Costa,Ca. 94569
510 787-3085
November 1,2003
Dear Sir or Madam:
I would like to address your problem with Nick and Valerie Arnold's wall extension
from their house. These two have worked very hard to create a beautiful home which
now exceeds the beauty of any other home in Port Costa. I think of it as a gift to Port
Costa. The walled-in alcove at the front of the house provides great ambience. I
cannot imagine a reason to make them remove the wall.
The homes in Port Costa were built long before modern zoning laws were written.
When I had foundation work done on my house I had to get a variance for my
house's setback....it had been built that way. My husband and I incurred great
expense to also move the entire house over 2 feet so that we would have the proper 3
Toot clearance from our neighbor's property. We were told if we didn't have 3 feet,
we would have to remove all the windows on that side of the house. My house had
had a 1 ft setback from the neighbor's property for 100 years. My neighbor on the
east side of my house has had a 1 ft. setback from my property for 115 years! I
realize the modern codes were written with fire safety in mind but let's look at the
record. Over the last 115 years occasionally a house has burned down but it has
never taken a neighbor's house with it.....even with our"incorrect" front and side
setbacks!
The expense incurred by Port Costa homeowners to try to fit our remodeling
projects to modern code is ridiculous. Port Costa has a lot of charm, it does not look
like a modern housing track. That is why people come here as tourists. Vintage car
clubs come here to photograph their cars in a nostalgic setting. Nick and Valerie
have designed a gem for our town. Please accommodate them.
Sincerely,
Marilyn Paskert
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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BOARD OF SUPERVISOR`, CONTRA COSTA COUNTY,
CALIFORNIA
AFFIDAVIT ' MAILING
IN THE MATTER OF )
Nicholas&Valerie Arnold )
P.O.Box 75 )
Port Costa,Ca 94569 )
RE: 27 Camyon Lakes Drive )
I declare under penalty of perjury that I am now, and at ,111 timcs herein mentioned have been,a citizen of the United
States,over age 18;and that today I deposited with Contra co,;ta County Central Service for Certified mailing,a
copy of the hearing notices,in the above matter to the f(d1owing persons as stated below
Nicholas & V ilcne Arnold
26 Canynn Lakes Drive
Port Co;ta. Ca 94569
Nicholas &, Valrrie Arnold
P. ). Pox 75
Port Co eta- (`a 94569
Sanwa Bank ol'(`ali('ornia
1977 '�at�u n Street
Montcrcy f'arl:. Ca 91754
Sanwa k mk oi'California
P.0. ':fox -�13685
Los Q0051-3685
I declare under penalty of perjury that the foregoing, is true ,Ind correct.,Martinez,CA.
Date: October 24,2003
i
Postal1"Ini1 is Kelly, Deputy Clerk
Coverageru CERTIFIED MAIL Provided)
ru only;
tZ
a
...to
..n
a $
p— p tage
certifi Fee postmark
O Here
0 Return Receipt Fee
O (Endorsement Required)
� Restricted Delivery Fee
[3 (Endorsement Required)
O
r-q Total Postage&Fees
fU
FSent ----------
o Nicholas &Valerie Arnoldl
t
O 26 Cnnyolt Lakes Drive
4569
Port Costa, Ca 9
The Board of Supervisors r�a John sweeten
p '` Clerk of the Board
and
County Administration Building C..osta County Administrator
651 Pine Street,Room 106 (925)335-1900
o u n
Martinez,California 94553-4068t`T
V
$E• �
John Gioia,District I
Gayle B.Uilkema,District li
Millie Greenberg,District III
Mark DeSaulnier,District IV
Federal D.Glover, District V ° ' .`;"'''
S'�count
October 24, 2003
Nicholas&Valerie Arnold
P.O. Box 75
Port Costa, Ca 94569
RE: 26 Canyon Lakes Drive,Port Costa
In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance),you are
hereby notified that November 4, 2003 at 9:30 a.in. is the date and time set for the hearing of your
appeal, from the decision of the County Abatement Officer, declaring that a stucco fence over six feet
tall built without a building pen-nit is in violation of Section 74-1.002 CCC Ord. Adoption of
California Building Code and CBC 106.1 B u i 1 d i n g Permit Required. The violations are on property
located at 26 Canyon Lakes Drive, Port Costa. 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
)jA
Danielle Kelly,Deputy Clerk
attachment
cc: County Counsel
Building Inspection
File List
. v
(D57.REV.7/89)
COUNTY OF CONTRA COSTA - GENERAL RECEIPT
THIS COPY IS G 95726:
DEPT: NOT A RECEIPT
DOLLARS lee
FOR
CASH ACCT.
BAL. •
RECEIVED FROM
AMT
CHECK PAID •
MONEY BAL.
ORDER DUE •
Vail C�
ccS�
By:
(D57,REV.7/89)
October 8, 2003 REG
E��ED
Clerk of The Board of Supervisors
OCT Y 4 2003
County of Contra Costa CONTR,�,z CLERK g04R0 OF-S PERVISORS
651 Pine Street, I"Floor A Co.
Martinez, CA 94553
Re: Notice& Order to Abate
APN#368— 145—014
To the Clerk:
We hereby appeal the Notice& Order to Abate issued to us on October 2, 2003, and
request a hearing. Enclosed is our appeal fee check in the amount of$ 125.00. We
understand that this order was issued because we built a wall over six feet tall on our
property during reconstruction after a fire destroyed much of our home last year.
There are several reasons for our appeal. Primarily, although our property is zoned
commercial, our home was built in 1879 and has been used primarily as a private
residence since 193 5. We feel that the commercial building permit fee of$2900.00 for
the wall is outrageous. Our neighbor immediately adjacent to the south, whose property
is zoned commercial as well, also has a wall over six feet tall. Our wall conforms to the
existing character and use of our property and adjacent properties.
We do not want to cut our wall down to six feet or take it down entirely. We are willing
to"abate the nuisance" describe in your Order by obtaining a building permit for the
appropriate residential fee. We ask for relief from the commercial building permit fee for
our wall.
Thank you for your time and consideration. We look forward to receiving notice of our
hearing time and place.
Very truly yours,
ywav
Valerie Arnold
OWNER Nicholas &Valerie Arnold
�Q
nrT 0
NOTICE AND ORDER TO ABATE 2003
&V C
C.C.C. ORDINANCE CODE 14-6.410 co
NOTICE IS HEREBY GIVEN that a stucco fence over six feet tall built without a
building permit.and is in violation of
(description of violation)
Section 74-1.002 CCC Ord. Adoption of California Building Code.
Section CBC 106.1 Building Permit Required
Of the Contra Costa County Ordinance Code. The violation has been declared a
Building code violation by County Abatement officer and must be abated
immediately.- The building code violation is on property located at:
26 Canyon Lake Dr. Port Costa
APN# 368-145-014
Owner: Nicholas and Valerie Arnold
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. Obtaining Building permit.
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, 1' 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: October 2, 2003
Tyrone Ridgle (925) 335-1147
BUILDING INSPECTOR I
WTR:sp
W:Posting/ArnoldNoticeandOrder
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 .
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
thereinafter set forth and in the form attached hereto.
2 . 1 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.
Nicholas and Valerie Arnold Sanwa Bank of Calif
26 Canyon Lakes Dr. 1977 Saturn St
Port Costa, CA 94569 Monterey Park, CA 91754
Nicholas and Valerie Arnold Sanwa Bank of Calif
PO Box 75 PO Box 513685
Port Costa, CA 94569 Los Angeles, CA 90051-3685
SITE: 26 Canyon Lakes Dr., Port Costa
APN: 368-145-014
Said notices were mailed/posted on October 2 2003 .
I declare under penalty of perjury that the foregoing is true and
correct .
Dated: October 2, 2003 at Martinez, California.
PC —E-R9