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HomeMy WebLinkAboutMINUTES - 09092003 - SD.2 TO: BOARD OF SUPERVISORS ', Contra Costa FROM: CARLOS BALTODANO DIRECTOR, BUILDING INSPECTION County DATE: September 9, 2003 SUBJECT: APPEAL OF ABATEMENT ACTION AT: 1289 Laurel Oak Lane, Walnut Creek CA APN: 185-860-062 OWNERS: Glenn A. Zorn and Fara M©lavi 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 after 30 days from the date of the mailing of the decision. FISCAL IMPACT $5000.00 BACKGROUNDIREASONS FOR RECOMMENDATIONS The Building Inspection Department received a complaint that birds were in large cages and also running in the yard creating smell and noise on the premises located at 1289 Laurel Oak Lane, Walnut Creek CA. A site inspection of the property revealed two large aviaries on the property. Further investigation revealed that the aviaries were built without permits and approvals. The aviaries also exceeded the size limitations and were not built within the allowed property line and street setbacks. A Notice To Comply was sent to the property owner on March 12, 2003. After repeated unsuccessful attempts to contact the property owner, the property was posted for abatement on July 7, 2003. Subsequent Inspections revealed that the aviaries were still on the property in violation of the following County Ordinances: Title 8 Chapter 82-2.002 (Adoption of the Zoning Ordinance) Title_8 Chapter 82-2.006 (Land Use Enforcement) Title 8 Chapter 84-8.402 (Uses permitted in R-10 Zoning) Title 8 Chapter 84-4.402 #6 (Size and setbacks for aviaries) Title 7 Chapter 74-1.002 (Adoption of the California Building Code) The owner of the property has been notified of the violations through written correspondence and certified mail. As of this date, compliance has not been gained. On July 7, 2003, 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 ON r APPROVED AS RECOMMENDED 2L OTHER See attached addendum for Board action _. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XUNANIMOUS(ABSENT V ) 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: 9 rPm , 2003 cc: JohnSweeten,Clerk of the Board of Supervisors and County Administrator S $ - sj 7% �f ,:�? f to 4 f°. '� PUTY 4 r ADDENDUM TO ITEM SD.2 September 9, 2003 The Board of Supervisors considered the appeal of Glen A. Zorn and Fara Molavi from the decision of the County Abatement Officer declaring a public nuisance at the property located at 1289 Laurel Oak Lane, Walnut Creek. Jeff Keebler, 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: Glenn Zorn, 1289 Laurel Oak Lane, Walnut Creek The Chair closed the public hearing and returned the matter to the Board for further discussion. Supervisor Uilkema moved to approve the staff s recommendation and directed the County staff to work with Mr. Zorn regarding is request to apply for a variance and if that does not occur within 30 days,to proceed with fl-ie abatement. She also requested staff to return to the Board within those 30 days if there are any changes. Supervisor Greenberg second the motion. The Board of Supervisors then took the following action: • CLOSED the public hearing; • DENIED the appeal by Glenn A. Zorn and para Molavi(Owners) from the decision of the Countv Abatement Officer declaring a public nuisance on the property located at 1289 Laurel Oak Lane, Walnut Creek; • AFFIRMED the determination of the County Abatement Officer; It DIRECTED the County AI)atement Officer to proceed and perform the work of abatement if the owner is .got in compliance within 30 days. BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) Glenn A Zorn and Fara Molavi) 1289 Laurel Creak Dr. ) Walnut creek, CA 94595 ) Rea 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 Board of Supervisors , final decision Board Order on October 9, 2043 , in the above matter to the following: Glenn A. Zorn and Fara Molavi 1289 Laurel Creek Dr. Walnut Creek, CA 94595 CTX Mortgage Co . LLC P.O. Box 199113 Dallas, TX 75219 SITE. 1289 Laurel Oak LSI, Walnut Creek, CA APS': 185-360-062 I declare under penalty of perjury that the foregoing is true and correct . Dated: October 9, 2003 , at Martinez, California �4L " --, PCD CLERK REQUEST TO SPEAK FORM N .df t (THREE (3) MINUTE LIMIT) complete this form and place it in the box near the speakers' rostrum before addressing. the Board. Name: } Phone: s r M > ! k a s' Cit Addre 9: I am speaking for myself or organs ation, (rem of organiastion) CHECK ANTS I wash to speak on Agenda Item My comments will be: general for 'against I wish to speak on the subject of . I do not wash to speak but leave these comments for the Board to consider: * CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY NATE OF CALIFORNIA } COUN'T'Y OF CONTRA COS'T'A } 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 . I 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. Glenn A. Zorn and Fara Molavi 1289 Laurel Creek Dr. Walnut Creek, CA 94595 CTX Mortgage Co . LLC P.O. Box 199113 Dallas, TX 75219 SITE: 1289 Laurel Oak LN, Walnut Creek, CA APN: 185-350-062 Said notices were mailed/posted on August 13 , 2003 . I declare under penalty of perjury that the foregoing is true and correct . Dated; August 13 , 2003 , at Martinez, California. PCD CLERK The Board of Supervisors Contra John Sweeten Costa Clerk of the Board Costa and County Administration Building county Administrator 651 Pine Street,Room 106 County (925)335-1900 ,Martinez,California 94553-4068 John Gioia,District 1 Gayle B.Ullkema,District 11 , Millie Greenberg,District 111, Mark DeSAulnier,District IV Federal D.Glover, District V August 22,2003 Glenn A. Zorn&Fara Molavi 1289 Laurel Creek Dr. Walnut Creek, Ca 94595 Re: 1289 Laurel Oak Lane,Walnut Creek APN#185-360-062 In accordance with Contra Costa County Ordinance Cade Article 14-6.4 (Uniform Public Nuisance Abatement Procedure), you are hereby notified that September 9, 2003 at 9:30 a.m. is the date and time setfor the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned property is a public nuisance in violation of the following Ordinance Code sections: C.C.C. Ordinance 74-1.002(Adoption of f`Phe California.Building Code), 82-2.002 (Adoption of the Zoning Ordinance), 82-2.006(Land Use Enforcement), 84-8.402(Uses Permitted in R-l0'Zoning)84-4.40.2#6(Size and Setbacks for Aviaries). The violations are on property located at 1289 Laurel Oak Lane, Walnut Creek, 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 14-6.418.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 prier to,the public hearing. Very truly yours, John Sweeten,County Administrator anClerk of the Board .7 Danielle Kelly,Deputy Clerk attachment cc;County Counsel Building inspection APPEALS 14-2.203-14-•4,00g 14-2.203 Arrests authorized. Pursuant to administrative action taken by any officer of Penal Code Section 836.5, all county officers, this county under this code may appy from the and employees who have a duty to enforce any action to the board-Of supervisors, al PTO ided in statute or ordinance arae authorized to west this chapter. (Ord. 70.36 �t+(part3, 1970: prior persons for violations thereof as provided by code § 1207 (part)). law.(Ord. 76-51 J 3), 14-4.004 Notice fled by *ppenant. `The Article 14.2.4 Notices SpptU2ht sem, within thirty days of the action 14.2.402 General. Unless otherwise verified attend notr'cee with �Of leboard a ark of ppeal c concisely specWty prided herein, notices and service stating the facts of the case and the grounds for thereof pursuant to this code shall be as his appeal includint his special interest and Provided in Sections 14.2.402 through 14.2.408. injury. (Ord. 70-36 § 1 (part), 1970: prior code ((ltd. 7036 11 (part), 1970:prior code 11205 § 1207(part)). (per)) 144.+05 Setting of hearing — Notice~. 'Tho 14-2.404 Written. Notices shall be written. clerk of the board shall then promptly set thea (Ord. 70.36 § 1 (part), 1970: prior code § 1245 matter for hearing at an early regular board (part)). meeting, and shall give the appellant at least five 14.2.406 Service.* Written notices'shall be days' written .notice thereof. (Ord. 7036 § 1 rived tither. (part), 1970: prigs code 11207(per)}- (1) Personally;or (2) BY deposit in the United States mail in a 144.008 Decision final. "Ihe board's sealed cm+elope, first class, postage prepaid, decision, after'appellant has had an opportunity added to the person to be notified art his last to be heard, 0all be final and conclusive. (Ord. known business or residence address.appearing 70.36 § 1 (part), 1970: prior code $ 1207 in the public records or in other records of the (part)), matter for which notice is given, and mailed notice shall be deemed served when duly.mailed. Chapter 14.6 (OOL 70.36 § 1 (partX 1970: prior code § 12DS (Part)). CIVIL ENFORCEMENT* 14-2.408 Proof of smice. proof of the aerricx of any notice wry be made by the Article 146.2 General Certificate of any oflltxr or employee of this Sections: county or by the affidavit of any person at)oast 14.6,202 General. eighteen years old, showing service confomft 14-6.204 Nuisances. to this code or otter applicable law:(Ord.70.36 Article 14.6.4 Uniform Pub1%Nuhataes § 1 (part), 1970: grieve node$ 1206). Abatement Procedure Sections: Chapter 144 14.6.402 Uniform procedure. 14-6.404 Definition. APPEALS 14-5.406 Surm-nary abatement. r 16.408 Scope. Sections: 14-6.410 Nuhance declared. 14-4.002 GelieraL 14-6.412 Service of notice and order 14.4.004 Notice filed by appellant. 'to abate. 14-4.006 getting of b eel ig—Not.m 1".414 Appeal procedure. 144.0 mon fInaL 146.416 Appeal fee--Determination of amount/waiver of payment/ 14-4,002 General. Unless otherwise refund. speziallY provided, any person aggrieved by an *Fac 04 sta2stMY PMId*as nPiAbe notke by oat red lam *Fa ffie axatttty y prv+rW*w xepnJbC the cmuty's sutboft�► as btkt*qua to—0i at *e by eek=a%we Col. sots a Public *Ubsuft, we C*i C. 134#4;#x ft 3MVdk% C.133%2. VdZA a public*u ,**Civ.C 13491. 5 (Crow C'o+aa Cb tx saw) AUG 15 799€ P 146.202—I4-6.410 GENERAL PROVISIONS 14-6.418 Hearing procedure. 14-6.404 Definition. The terra "county. 14-6.420 Decision. abatement officer" means the county officer 14-6.422; Time for compliance. responsible for enforcing the county.,cxrdjnanje 146.424 Limitation of action. code provision being violated, which violation 14-6.426 Noncompliance. has been declared to be a public nuisance.(Ord. 14-6.429 Report and notice of hearing. 88-8812). 146.430 Hearing on report. _ I4-6.432 Cost as special assessment and 14.6.406 Summary abatement. Nothing in Sen. this article prohibits the summary abatement of 14-6.434 Notice of assessment and a nuisance upon order of.:the board or upon abatement lien. order of any other county officer Authorized by 146.436 Manner of collection—Law law to summarily abate nuisances, if the board applicable. or officer determines that the nuisance con. 14-5.438 Release and subordination. stitutes an immediate threat to public health 14-6-440 Violations. and safety. Article 14.6.6 Treble Abatement Cost for 1n the event a public nuisance is summarily g Repeat Public Nuisances abated, the county abatement officer sball Sections: nevertheless keep an account of the 'cost of 14-6.602 Treble abatement cost for abatement and bill the property owner,therefor. repeat public nuisance. If the bill is not paid within fifteen days from 14-6.604 Exception. the date of (nailing, the county abatement officer may proceed to obtain a special assess* Article 14-6.2 General .. ment and lien.against the owner"s property In accordance with the procedures set forth in 14.6.242 General. In addition to the this article, except that, in addition to a review Oenalties provided by this code, .this code may of the costs of abatement, the board shall also be enforced by civil action, directly against heart and determine any issues relative to the the act, omission or condition, or for damages necessity for the abatement or the manner in therefor, for collection of penalties, fines, which the property was declared to be s public deposits, forfeitures, etc., or by other civil nuisance and summarily abated. (Ord. 85-88 proceedings. (Ords. 8$-88 12, 70.36 $ I: prior g 2). code $ 1203). m 146.408 Scope.Whenever a public nubanoe 14-6304 Nuisances. Any condition existing is declared,it may be abatedinaccordance with in violation of this code is a public nuisance,and the procedures provided in this article. The may be abated in a civil action, summarily or procedures set forth in this article are not ex- otherwise by the county. (Ords. 88.88 1 2; clusive but are cumulative to all other citi*iI and 70-36 13:prior code 11203). criminal remedies provided by law. The seeking of other remedies shall not preclude the simu)- Artick 146.4 taneous commencement of proceedings pursuant Uniform Public Nuisances to this article.(Ord. 88=88 j 2). Abatement 1'rocedwt 14-6.410 Nuisance declared. A county 14-6.402 Uniform procedure. This article abatement offuer may declare a public nuance shall be known and may be cited as the for any reason specified In- this code. Once a "Uniform Public Nuisance Abatement. Pro- public nuisance is declared, the c6tinty abate- aedure." It is enacted pursuant to Government ment officer shad issue: a notice and ruder to Code Section 25845 and is intended' to be an abate substantially in the followijAir`n : alternative procedure for the abatement of any violation of this code which violation is declared to be a public nuisance. (Ord. 88-88 12). I (orate.cons COOMY 6.90) 6 . . .................................. .......................................................................................................................................................................................................................................................................... .... . APPEALS 14-6.412-14-6.414 "NOTICE AND ORDER TO ABATE waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, Or-waiver, NOTICE 1S HEREBY GIVEN that (specify the Clerk 9f the Beard wil 4ause the matter to the condition constituting the nuisance) be set for hearing before the Board of Super- visors upervisors and notify you of the date and location is in violation of Section of the antra of the hearing. Costa County {ordinance�The violation has been declared a public nuisance by the If you have any questions rtgarding this (county abatement officer) and must be matter, you may direct then to the county abated immediate y. The public nuisance is on officer issuing this notice at the address or property located at (insert address or other telephone number-lasted below. hLal.prPpgrly description), ISSUANCE DATE; YOU ARE-HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within Bert lU (Name, title, Wye; anti talephone number Wa s) or other reasonable period} of the county abatement officer issuing this consecutive calendar days from the Rsuance notice.)" of this order. The issuance date is specified below. You may abate the nuisance by insert (Ord.88-88 1 2). desired action which, if taken will ode nate remedy the'situation) • If you ail to 14.6.412 Service of notice and order to abate the public`nuisance within the number of abate. The notice and order to abate shall be clays specified, the county may order its abate- served in the following manner ment by public employees, private contractor, (1) By certifW mail, addressed to the or other means. The cost of said abatement,if owner at the address shown on the last equalized not paid, may be levied and assessed against the assessment roll or as otherwise known, and property as a special assessment lien and may addressed to •anyone known to the county be collected at the same time and in the :same abatement officer to be in possession of the manner as ordinary county taxes are collected, property at the street addresss of the property subject to the same penalties, procedures and being ,abated. Service :ill be deemed to have sale in case of delinquency. been completed upon the deposit of 4Wd n* - and order, pottage pre-paid, in the united YOU MAY APPEAL FROM THIS ORDER States mail,and OF ABATEMENT, but any such appeal must (2) By posting, within one clay of the date be brought prior to the expiration,of the num- of mailing, such notice and Girder to abate con- bet of days specflied above for completion of spicuously to front of the property on which, abatement. The appeal must -be In writing; or in front of whi* the nuisance exists„ or if specify the reasons for the appeal;contain your the property-bas no frontage, upon the portion name, address and telephone number; be ac- of the property nearest to a street,highway, or oompanied by an appeal fee of dollar read, or most 1€kely to give actual notice to the (Sand be submitted tori ie�.cele of owner awl any person known by the county th`e""` 'a' of Supervisors at the following abatement officer to be in possession of the address: property.(Ord.$848 12). Clerk of the Board of Supervisors 146.414 Appeal procedure. Any owner or County of Contra Costa other,person in possession of the property may 651 pine Street, Ist Floor appeal to the board within the number of days Martinez,CA 44353 allowed in the notice isirorder to abate. The appeal shall be submitted in writing. specify One who is legacy indigent may obtain a the grounds upon which the appeal is takers. t"*Gogo'$ari) DEC 5 1989 . 1".4I6-146.418 GENERAL PRt1V1S1UNS A contain the name, address and telephone num- if the appeal fee is paid and the board finds ber of the appellant, be accompanied by the there is no public nuisance, the appeal fee shall' payment of an appeal fee and be filed with the be refunded to the- appellant witbdWt-the pay- clerk of the board. Upon the filing of a timely ment of any interest which could have accrued. and complete appeal and payment of the appeal (Ord.$8.88 $ 2). fee or submission of an application for a fee A - waiver pursuant to Section 146.416, further 14.6.418 Nearing procedure. The hearing abatement action shall be stayed until the appeal before the board shall be conducted in ac- is acted upon. The clerk of the board shall set cordance with the following procedures: the matter for hearing before the board and (1) The appellant shall-have these rights; to notify the parties in writing of the date and be-.represented by legal counsel; to call and location of the hearing, at least ten days prior examine witnesses, to introduce exhibits;and to to said date. (Ord. 88.88 12). cross-examine opposing witnesses through the chaser on any matter relevant to the issues. if 14-6.416 Appeal fee—Determination of the appellant does not testify on his or her own a arnountlwaiver of payment/refund. The amount behalf, he or she may be called and examined of the appeal fee shall be determined period- .,as if under cross-examination. ically by the board based upon the costs in- (2) The heating' need not be conducted ac- curred by the county in processing appeals pur- cording to technical ivies relating to evidence suant to this article. The calculation shall and witnesses. Any relevant evidence shall be include all costs of the county abatement admitted if it is the sort of evidence on which officer, the clerk of the board, and any other responsible persons are accustomed to rely in county department which -is involved in the the conduct of serious,affairs, regardless of the processing of appeals, but shall exclude actual existence of any common law or statutory rule costs for any work of abatement. which might make improper the admission of If the appellant claims an economic hardship such evidence over abjection in civil activm in paying the appeal fee, he or she may submit Hearsay evidence may be used for the purpose an application for waiver of the appeal fee on of supplementing or explaining any:direct evi- forms provided by' the clerk of the board for dente but shall not be sufficient in itself to that purpose. The forms shall be substantially support a finding unless it would be admissible similar to those required of litigants initiating over objection in civil actions. The ruks-;of--'- court proceedings in forma paugeris pursuant to privilege shall be *effective to the same extent Section 68311 n .3 of the government Code. The that they are now or hereafter may be forms shall be executed under penalty of pajury recognized in civil actions, and Irrelevant and and contain a declaration as to the truthful- unduly repetitious evidence may be excluded. ness and correctness of the information con- (3) The berating shall be conducted in the tamed therein.Upon submittal of the completed English language. The proponent of arty testi- forms.the appeal fee shall be waived. mony to be offered by a witness who does not Upon filing a timely and complete appeal proficiently .speslt the English language shall. and for good cruse shown, the clerk of the provide an interpreter,approved by the board as board may grant the appellant a.period of time proficient In the English language and the beyond expiration of the appeal period in which language in which the witness will testify, to to complete and submit the waiver fomes. In serve as interpreter durst the hex**. ThO no event shall the additional time exceed three cost of the interpreter shall be paid by the work ure to submit the waives forms or a the providing the interpreter. The board maY Fail pay pile and publish a list of interpreters known appeal fee in a timely manner shall cause the to be proficient in various UnVggq-. . appeal request to•be automatically denied. En- (4) A party may have the hearing veno- forcement of the order to abate may then graphically reported at said party's expense. proceed as if no appeal request had been Oral evidence may be taken under oath if submitted. requested by a party. (C"as cbss cbvatr 5.591) 6b __ ............. +CrVIL ENFOl CTYMI r 14--6-42-0--14-6-430 (5)The bearing may be continued from time to `When the county has completed the work of time upon request of ar patty to the hearing and abatement,or has paid for sochNork,t&actual cost upon a showing of good cause therefor.(Card.88-88 thereof,toga ther with any ac3i;6strative cast, shall rt 2)Y be charged to the owner of the Property. To this aurDOMt shalt be added the appeal fee if it had bead 14-6.420 Via.At the conclusion of the bear- wa ivW pursuant to Section I4-6.416 and reasonable ing the board &ball reverse, modify or affirm the attorneys' fees if tit County has elected to neck determinations of the county abatement officer and recovery of its attorneys' fees at the initiadon of the may digit the county abatement officer to proceed proceedings.The combined amounts shall be includ. and perform the work of abatement if not performed ed in a hill and stent by assail to the owaner, if not by the owner or the person, in possession of the Paid Prior thereto. 'The bill shall inform the owner property within a prescribed Period of time. The that failure to pay the bill within fifteen calendar decision shall be in writing,contain necessary find. days from the dace of mailing may result in & lien Ings,and be filch with the clerk of the board follow- upon tit pm'p'estl►'. (Ords. 97.19 2, 98.89 $ 2; ing the conclusion of the hewing. A copy of the Gov. Code 123845(c)). decision shall be sent to each party appearing as the hearing, and ii no appearance was nnarle by the 144428 Report and notkae of bearing, if the appellant, to-him or her by rami, at the address bill is not Paid within fifteen days f om the date of specified in the appeal. The decision of the board mailing, the county abatement officer &shall render shall be final when filed with the clerk of the boas & an itemized mporrt in writing to the clerk of ft The county abatement officer shall be responsible board for submittal to tht,board for bearing and for preparing,mailing and filing the decision.(Ord. confirmation: The report shalt include, at a mini. W88 f 2). mum, the narraes and a ddrmsaes of the possessor of the property and all persons having any record inter- 144422 Tic>saRe forcompliance,if the board de'- est in the property (including but not twit w t% cides that the oder to abate should be enforced,the holders of mortgages or deeds of trust), the date owner or person in possession of the property shall upon which the abatement of the nuisance was comply with the order within such period of tin*as ordered, the date the a ebatemettt'-was complete, as MY be prescribed. and in the absence of any jam- description of the real property subject to the lien„ scribed brine, within thir't'y-drays from the clan of and the amount of the abet erase, At WW ten Whiling of the final decision.'ilio prescribed period days prior to said hearing, the ck of� � .. of time shall commence on the doe of mailing of shall give notice,by certified mail,of sakhearing the final decision.(Card:. W98 # 2). to all persons named in the county abatement officer's report.Said notice stroll be prepared by the 1"424 Lien nation of aaactlow Any court action coursaty abatement offer nand shall describe the or procceding to attack, review. acct aside, void or property by amssorr's psaxctl number sad meet annul the board's decision parstaaant to Section 14- number or so= odw description sufficient to en- 6A20 shall be cortuneanced within thirty calendar able iadeutWcation of the qty and contairt a days of mailing of the decision.Thereaf a all per- , Statement of ft amotmt of the proposed assessment. sons are barred from corrrmenciug any such'action (Ord. 88-881 Z). or pro asdiant and from;asserting any defe m of invalidity or unreasonableness of such decision, 14 8.43(!HtaUg on n"rtr, At aline Bettie fixed proceeding. sacs or determination. (Oni 88.88 * 2). for r+ec eiviig and considering rernng the mpm t,the board shall bear in and any ob*tions of natty of liar owns 144426 Noneompliasm Upon the fait,sae- liable to be anessed for the work of abatement or hoot or refusal to properly comply with the order say comer personas who may have a legal b%=4 in to abate within the prescribed time period,telae coon. the property. Tia: board may add to the proposed tlr abatement off'ro:er may rause to be done whatever aasscssmmt an amouixt equa to the cost of c+o*andoct- work is necessary to abaft the public nuisance. An ing the assessment confirmation hearing.The board acouutzt of the cost of abatement shall be kept for may also make Pach other mo&ficanoras in the each separate assessor's parcel involved in the report as it dreraxs necessary,after which,the board abatement. _ . --�--- aartay order 'die corrafrrmed. The oder grad RECEI�E -: smodii�ied report shalt be filed with the clerk of the r r 6c ca+ C.0 CMM'harm CLE-kt ! O Of SU E SORS I4.6.432-14-6.440 GENERAL PROVISIONS P 9 board, and as filed shall be final and conclusive. 146.436 Marnmr of eolleWon--Law applitar. (Ord. 88.88 12). Ne.Thereafter,the amounts Of the assessment shall be collected at the same time and in the same man- 14-11.432 Cog as spell went and 11m tier as county taxes ate'collcctcd,and arf subject to The amounts and the costs of abatement mentioned the same penalties and the same procedure and We in the report as confu need shall constitute a special in case of delinquency as provided for ordinary assessment against such property and are a lien on county taxes.Alljaws applicable to the levy,collect- the ollectthe property for the amount of the respective assess- tion and enforcement of county taxes ant aPPlicarbles meat. to such assessments,exert that it any real pr+:ptrty In addition to its rights to impose said special to which such lien wound auwb has been tr=0'Crred assessment, the county shall retain the alternative or conveyed to a bons fide pUmbaser for value, or right to recover its costs by way of civil action a lien of a bona fide ern=WXa n= for vatic bas against the owner and person in possession or cote- been creatod and anacbes dxaeon prior to the date trol jointly and severally. (Ord. 88-88 12). an which the first installment of such taxes would become delinquent,then the lien which would other. I4-6.434 Notice of went and abatement wise be imposed shall not attach to such real proper. s lura. The county abatement officer shall rocord at ty and the cost of abet and the cast of enforc- the office of the county reorder,and deliver to the isg the abatement as coufizw eoi, relating to such auditor-controller, a certificate substantially in the property, shall be trans€eared to the unsecured toll following form: for collection. (Orsi. 88-88 § 2). "NOTICE OF ASSESSN1EAT AND 146.438 Release and,subordination.An abate- ABATEMENT LIEN menet Hera created under this article may be>neieastd (Public Nuisance Abatement) or subordinated by the county abatement officer in the same manner as a judgment lien on real property + Pursuant to Government Code Section 25845 and may be released or suboni n uA (Ord. 88-88 f 2). Ordinance Code Article 14-6 4,Contra Crista Coun- ty abated a public nuisance on the parcel of TeA144A40 Violations.It is unlawful for any Person prroperty described below,of wbich the named per- to interfere with the Pear€ormarncc of the duties bere- sou(s)is the owner of iec orrd or possessor,and fixed in specified for the county sb stemeu office=r or mty the below-shown amount as the const thereof and a nthotized officer or a mplayft thereof,or to refuse thereby claims a special assessment against said to allow any web off=or e;arriployee or awedproperty for this UMML private contractor.to enter won toy premises €err 1. RECORD OV'NFR.(S): . . . . . . . . . the purpose off abating the public n� or to LAST KNOWN ADDRESS: . . . . . .. . . . intcrfe m in any Mwaw whatem with said officers 2. POSSESSOR(S)(if different€roto or employees in the work of owner): . . . . . . . . . . . . . . . . . . . . . .. . . - LAST KNOWN ADDRESS: . 3. DATE ABATEM 'ORDERED: . . . . .. 4. DATE ABATEMENT COMP3.EIED: . . .. 5.PARCEL.:Real property in Centra Costa County, Cali Ondw County Assessor`s parcel 4: . . .. . . .. . . . [other desc option wbere .... . . .. 6.AMOUNT OF ABATEMEU (ASSESSM(EN7)COST . . .. . . . . ... . .. Da w&. .. . . . Contain Costa Countl► By: . . . . . . . . .. . .. .. . .. . County Abatement Olt W (Ord. 88-88 12). Mmm Cares cbawy Voly) 6d ra C.REngAt,ENFoPCE1EN1` 14-6-602-a-r14-8.009 abasement. Any peen violating any of the provi- I4-8.004 Violation-PuniShm ent. (a) Infrac- sions of this chapter shall be deemed guilty of a tions. Except as otherwise provided by statute or misdemeanor unless,in the discretion of the proxt- this code, every infraction violation of this cock is cvtor, it is charged as an inft-action. (Ord. 88-88 $ punishable; upon conviction t mof, by: 2). (1) A fine not exceeding one hundred dollars for a fust violation; Article 14-6.6 (2) A fine not exceeding two hundred dollars for Treble Abatement Cost for Repeat a second violation of the saint ordinance within one Public NussZress year, (3) A fine not exceeding five hundred dollars for 1".602 Treble abatement cost for repcut each additional yiolatic" Of the uurne ort cc public nuisance. In addition to all other retnedies within'one year. available under the law, including the penahies` (b) Misdemeanors.Except as otherwise provided provided in this code, upon entry of a second or by state law or this code,every Wsdernganor viola- subsequent 6,61 or criminal judgment within a two- tion of this code is punishable. upon conviction year period finding that an owner is responsible for thereof,by imprisonment in the county jail for not a condition that may be abated pursuant to Article over six months and/or by a fine of,riot over olie I4-6.4,the court ma order the owner to pay treble thousand dollars,. (Orris. 84.18, M1 1 1. 70.36, the costs of the abatement. (Ord. 8979 2; Gov. 1457. prior code j 1200 (part): see Govt. C. I Code, 123945.5). 25132 (b), Vehicle Code 142001(a), and Penal Code 119). 14-6.604 Exception..Section 14-6.602 shall not apply to conditions abated pursuant to Health and 1".O06 Violatio*—Contin g. Acts.ongs- Safety Code Section 17184. (Ord. 8979 12: Gov. signs or coroditicats in violation of this code which Code, § 25845.5). continue,exist or occur on more than:one day con- stitute separate violations and offenses on each such day. (Ord. 70`36,prior code 11200 (part)). Chapter 14•8 14-8.008 infraction wres I and citation. (a) CRIB MAL ENFORCEMENT* The following officers,or their designated subordi- nates,shall have and are hereby vested with the au- Sections: thority to arrest any person who violate.(*follw-,. 14-8.002 Violation—Infraction. ing provisions of this code punishable as infiractions: 14-$.4D4 Violation—Punishrment. (1) Director of health Services---Division 413 14.8.006 Violatiow-Corntinuing. and Chapter 4506; 14-8.009 Infiractiorn arrest and citation. (2) Director of Building Inspection —Title 7; (3) Director of Community Development�----Title 1448.002 Vlola►tion--I on.Except as oth- 8; erwise provided(and regardless of the avaW ability (4) Director of Public+Works.—Divisions 1W2, of other civil or administrative renned`neas and ptoce- 1010, 1014, 1146 and l 114, duces for enforcing this code),every acct or condition (5) Director of Growth, Management .Eco- prrolibited or declared unlawful.by this code, and nor nic Development as provided by mon 10- every failure or omission to set as raquktd berrein, 4.012. is a violation, of this code and is an irrnfiaction. (b) '1'be above-USW officers,or their designated (Clads. 76-5111.70-36, 1457: prior aide 1210D snbm inates, nay issue citations for bdhctkm (part).we Govt..C:. 125132(a)). violations of the above listed code;provisions. (c) The cxtway administrator array by written order issue regulations to provide for adlOinistrAtiOn, procedures and policy inborn for this section. 'a ncra MY+domin o of a MWOUtaftm.on P.C 117;to (Groats.96-2112,95-36 f 1,W12212,WSO$2; d* t pmvbsm mprdiot*xdb* at de cooty J*O n Penal Code- if 19.7, 8363, and 8.53.6). V+� #or r etsxrnta�r,rec Ftr.C.#� a9 root nine. 6e twin,times ctum!Y r I-%) 4-10.002--410.004 GENERAL PROVISIONS Chapter 14-10 CIVIL PENAL'TM M Sections: 1410.002 Violation—Civil penalties. 1410.004 Civil penalty schedules. 1410.002 Violation—avil penalties.Notwith. standing any contrary provision,any violation of an . ordinance +code section governing the standing or parkbg of a vehicle is subject only to a civil penalty and civil fees and charges, as provided pursuant to Sections 40200 and 4020?3.5 of the California Vehi- cle Code. (Ord. 93-82 12). - 1410.004 Clvvlt penalty schedulm The board shall establish and modity from time to time, by resolution, schedules of parking penalties for park- ing violations,late payment penalties,administrative fees, other related charges, and civil penalties for standing and parking violations, as provided in California Vehicle Code Section 40203.5 or as otherwise'provided by law.(Ord. 93-92 0 2). WE DEC 3 t11 00*SU #011S mmn tme ammy w%) 6f ............................... ............................................................................... . _ _ ::....... :...... . !.� V Q A. n } u N ey p U CO cn D © d, e � rCOIr } C3 jr x c .�" ; ra C:3 aa� a — U i C3 ni sg'; fa 02 Cc � � � a adti o N o rs tt i + u o C u 0 Cl)AP " ZZ, cb �+ r E c» cc C, cr Er ; _. ru •.waa. `fr N � +.,�. �"'`• °may �(/ :o �� 4 w A' .rte, � c4 H r �' BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER.OF ) Glem A. Zorn & Fara 2blavi. ) 1289 lzur�-1 Oak Lane, WalnutCreek } APN #185-360-062 } } ) ) 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 matter to the following: Glenn A. Zorn&Fara Molavi 1289 Laurel Creek Drive Walnut Creek, Ca 94595 CTX Mortgage Co. LLC P.O. Box 199113 Dallas, TX 75219 I declare under penalty of perjury that the foregoing is true and correct.,Martinez, CA. Date: August 22, 2003 d a Danielle Kelly, Deputy Clerk naarakr4t� C`fprtn A 7t#Ct's t3t'1 Y�7$- I�vt N"C ANjD y �E ��A..BA . .+: . ' � INN► �� ��41:� NA tS>.i1 >r � QtUN #het poultty and ic�ltru #urea axis# vn t€ profTy va+tfEifJut pecCrsita t�f app rouoils an €s#n v�c€atfvn c}f< S ... 'QRf3 7A 1 ty {Ac>rrpt#or�rsi tr ttte rnis uildingtCod0} oto t .C: ORM 82.9.002 Adcp i# cit tt ►ntn C Inar>x } SectlQh C C,C,ORM$2 4>t 1 n >5�► rrt ftsta tt� section...C C.C,O]FID 434 �40 zartlng} vn G C.C,OR 4.4.402 Won.: tt�pcks for>Av€mrlea) de Cit€heanta Casts Ccur�t Mrd€nace CzsThe v€alatic1f has been dec€ared public,nu€saw by,';County Abat nt ef€€cei on, mus#.be abated Irrat�e fi #e€y The public nu€saf�ge is art property i a�#fid A#{ 9 #,4uret Oalk Lane,Wa€n�ct Cree€c,CaHic�rnla. pvitzsr to A.. stn atYd para Mplau€ Yf3t! h ; iiiY trop fl3A;€17 t'W�LEC NU1i.# APt >w w€thm : . rt3 1 rid.. � #Tc�m th lsettanc ... t... ~iffier The ls4us ►s date leledetw. t#e#�e nu€ ecn bytt � VAN � �� the mt< yv.puhx± eriStt�yeas:;1�afe contrac�taf, cr vtlaf meerts the Grist a! ss€d atratemn#, It f13t pat d.may # levied and st tha.:pfc3p$rty a as � rrJX€fieri.and may be cattetxfed;:at tire, rtfa erns and jot the 04rf�e markr:at a przilrtary c�z inty taxes are ` c��pz'f€atedf�1 subs::;t+ #be`same peri4wes, procedures and saes ]n case n Yv!�I� kll, Y S �{ n y YOU tAY At PEAI» QM His E3RDl~T� ?l"<1t�A3k €1ENTI but any such > appeal tttUStfttiEt pr�Of t the expiration zit the rsutnbst€rf Sys specified ai iciSle i'or< smptiart of cfatriefrt a"t1 #t;v ust in WISn�apaClfy the rofts:f the aa1,ct�tttair fame,atte U.- riurrer,be scotripanieti by inn aPP. fee`of dollars `tyj t+ and be aubrtt#tti#a the r"ai k"c►f tufa Marti of Sum at the feiic�uvlydtitess G� Al p)C�i�++tl�int ltrrr/C7t{E �+# F� y+SAM C hUN i' ` ! Al F3A tJ 1'A tYSi�+ 4`#Ye`Tr,l F:x �"r ;/121 � � A +!�...::..;: C7fse vvttls.leallY indigent may tbtaln akC•alvef cf the appeal f Lip+as #erne€y receipt of#ire aipQai and eccgrnpyln e,or waiv+sr,the Clerk cf.firecaard €€ cttuse the matter;#q be het fcsr h+ tr€ti bore ih Btsard t�# upri[s4rs and r�cti#y you ttf tt+ date ar€d ivdattre of#ha htug, it yov have any qF, ^nom regarding ftiis matt;r�you bray dart.harts to the , ty officer iasuir I;f to aesnufn3ler 1►sted bakxk# :..:. SWANCE DAT .Kee ar (82 i}33i 1 128 DtNq iN$ EC'TQ�t t8ti.ttt ykr;posttay+Zom97Q70s , is 4 REQUEST FOR WAIVER OF THE $125 FILING FEE L/`. 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: 1. Appellant is legally indigent; 2. Appellant is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs, the Aid to Families with Dependent Children (AFDC) program, or the Food Stamp program (Section 17000 'Welfare and Institutions Cade) , 3. Appellant has a monthly income of $125% or less of the current monthly poverty line annually established by the U. S. Secretary of Health and Human Services pursuant to the Omnibus 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 family to provide for the common necessities of life. (CCC Ord. Code Sec. 14-5.416; Gov. Code Sec. 68511.3)- Following 8511.3)Following acknowledgement that I have read the conditions noted above and believe I satisfy one or more of the conditions, I an therefore requesting the Clerk of the Board to `waive the Filing fee of $125 for appealing the decision of the County Abatement Officer as stated in the Order to Abate a Public Nuisance dated I declare under penalty of perjury that the foregoing statement, including any accompanying statement(s) or document(s) in support of this request, is true and correct. (S gnature of Appellant) on ate) at (C ty, State EXHIBIT B 1 Lov coA OA Loj� q u f�S dam. y tit . ' z4, r ! t ' t c�.- V C t.J pow R -Y-\ c c t Nq7 V F co j 11 "41 ion:-0 . F lie, 0 Up P }