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HomeMy WebLinkAboutMINUTES - 09092003 - SD.3 D* TO: BOARD OF SUPERVISORS .' r ' _ '. C-� ontra FROM: CARLOS BALTODANO osta DIRECTOR, BUILDING INSPECTION County DATE: September 9, 2003 SUBJECT: CONFIRMATION HEARING: Report of Abatement Cost OWNER: Gelasia A. Velez SITE: 81 Broadway Street, Oakley, CA APN: 032-040-021 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. HEAR and CONSIDER the attached itemized report regarding the abatement of and any objections by owner(s) or persons having legal interest in the above-described property. 2. Add cost of abatement confirmation hearing thereto. 3. Confirm report and direct it to be filed by the Clerk of the Board. FISCAL IMPACT When filed and recorded as a special assessment against the above-described property, the amount of the assessment may be collected at the same time and in the same manner as county taxes pursuant to C.C.C. Ord. Code § 14-6.436. BACKGROUND/REASONS FOR RECOMMENDATIONS C.C.C. Ord. Code § 14-6.430 requires the Board of Supervisors to hold a hearing to confirm the assessment on abate property. Notice of this hearing has been given by the Clerk o the Board by certified mail at last 10 days prior to this hearing as required by C.G.C. Ord. Code § 14-6.428. As set forth in the attached itemized report of costs, this property was abated by demolition on May 14, 2003, pursuant to the procedures established by Contra Costa County Ordinance Code Chapter 14-6 (Uniform Nuisances Abatement Ordinance). The property was considered a Public Nuisance according to Section 82-2.006 of the County Ordinance. CONTINUED ON ATTACHMENT: SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON September 7, 2003 APPROVED AS RECOMMENDED X OTHER X CLOSED the public hearing; H&W and CCNSIDIIRED the itemized report regarding the abatement on the property owned by Gelasia A. Velez, 81 Broadway Street, Oakley; ADDED the cost of abatement confirmation hearing thereto; 00.NFnMED the report; and DIRECTED it to be filed by the Clerk of the Board. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(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: September 9, 2003 cc: JohnSweeten,Clark of the Board of Supervisors and County Administrator E ! tff �DEPUTY w:persona l/boardorderslvelez BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MA'T'TER OF: ) } Gelasia Velez ) 8067 South Hwy 26 ) Valley Springs, Ca 95252 } } 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 8, _2.003 , in the above matter to the following: Gelasis A. Velez 81 Broadway St. Oakley, CA 94561 Manuel & Rose Marie Velez 81 Broadway St. Oakley, CA 94561 Associates Anethesiologists Medical Group, Inc. C/o United Home Loan r.0. Box 410 San Ramon, CA 94583 Inst. #01-147796 SITE: 81 Broadway St. , Oakley, CA APN: 032-040-021 I declare under penalty of perjury that the foregoing is true and correct. Dated: October 8 , 2003 , at Martinez, California PCD CLERK. Building Inspection DepartmentContraCar€osBattodano PROPERTY CONSERVATION DIVISION D€rector of Bu€€ding€nspsctidn NEIGHBORHOOD PRESERVATION PROGRAM Caste 651 Pine Street,4th: Floor County Martinez, California 94553-0152 PCID(925) 335-1111 NPP(925)335••1137 PAX (925)645-445G h ,,c7f NOTICE OF HEARING (PROPOSED ASSESSMENT FOR ABATEMENT COSTS) TO: Gelasia A.Velez 81 Broadway Street Oakley,CA 94561 AND TO ALL OTHER PERSONS HAVING OR CLAIMING ANY RIGHT,TITLE OR INTEREST IN OR TO THE HEREINAFTER DESCRIBED PROPERTY,THE BUILDING OR IMPROVEMENTS LOCATED THEREON: NOTICE IS HEREBY GIVEN THERE WILL,BE A HEARING BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,r?r approval and confirmation of the abatement costs(attached). The said hearing will be held on the day of t ',# t at the ^ x ii hour of } :' t i. at 651 Pine Street, Board of Supervisors Chambers, room 107, County Administration Building,Pine and Escobar Streets,Martinez,California. At that time and place,the abatement costs will be submitted to the governing board for confirmation and any objections or protest,which may be raised by any owner of the property liable to be assessed for the cost of such work,and any other interested persons will be heard. The property herein referred to is described as follows: Parcel No: 032-040-021 Site Address: 81 Broadway Street,Oakley, CA Amount of Proposed Assessment: $6,200.00 Owner: Gelasia A. Velez Address: -.81 Broadway Street City: Oakley, Ca 94561 John Sweeten Clerk of the Board of Supervisors and County Administrator xs { ' i A, s # By # }t s� k Y' AK :y Deputy Clerk 't Date HEARING.NOT TO: BOARD OF SUPERVISORS . Contra -� FROM: CARLOS BALTODANO Costa - - DIRECTOR, BUILDING INSPECTION . .' __. County DATE: September 9, 2003 SUBJECT: CONFIRMATION HEARING: Report of Abatement Cost OWNER: Gelasia A. Velez SITE: 81 Broadway Street, Oakley, CA APN: 032-040-021 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. HEAR and CONSIDER the attached itemized report regarding the abatement of and any objections by owner(s) or persons having legal interest in the above-described property. 2. Add cost of abatement confirmation hearing thereto. 3. Confirm report and direct it to be filed by the Clerk of the Board. FISCAL IMPACT When filed and recorded as a special assessment against the above-described property, the amount of the assessment may be collected at the same time and in the same manner as county taxes pursuant to C.C.C. Ord. Code § 14-6.438. BACKGROUND/REASONS FOR RECOMMENDATIONS C.C.C. Ord. Code § 14-6.430 requires the Board of Supervisors to hold a hearing to confirm the assessment on abate property. Notice of this hearing has been given by the Clerk o the Board by certified mail at last 10 days prior to this hearing as required by C.C.C. Ord. Code § 14-6.428. As set forth in the attached itemized report of costs, this property was abated by demolition on May 14, 2003, pursuant to the procedures established by Contra Costa County Ordinance Code Chapter 14-6 (Uniform Nuisances Abatement Ordinance). The property was considered a Public Nuisance according to Section 82-2.006 of the County Ordinance. 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) 3351114 ATTESTED: cc: JohnSweeten,Clerk of the hoard of Supervisors and County Administrator BY DEPUTY w:person al/boardorders/velez CONTRA COSTA COUNTY DATE: September 9, 2003 TO: Clerk of the Board FROM: Building Inspection Department By: Terry Plys, Building Inspector I RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code 14- 6 .428 . OWNER: Gelasia A. Velez POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: November 15, 2002 ABATEMENT COMPLETED DATE: May 14, 2003 SITE ADDRESS: 81 Broadway Street, Oakley, CA 94561 APN # : 032-040-021 PROPERTY DESCRIPTION: Single Family Dwelling AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6 . 428) ITIIK PLANATION COST PIRT Title Search 2@ $125 $250. 00 Site Inspections 12 @ $25 $300 . 00 NTC Notice to Comply $1.00 . 00 Postage Certified/stamps $ 25 . 00 Photos $ 25 . 00 Abatement Contractor $51500 . 00 Total : $6, 200 . 00 Abatement costs can be paid at or mailed to Building Inspection Department, Property Conservation Division, 651 Pine Street, 4th Floor, Martinez, CA 94553 . Our offices are closed on the first, third and fifth Friday of each month. w_personal/IT EMI ITEMIZED.MEM.Velez APPEALS 14-2.2013--I4-4.009 A 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 appeal from the and ,employees who have a duty to enforce any action to the board of supervisors,aaprarided in statue or ordinance am authorized to arrest this chapter. (Ord: 7436 � (dart), 1970:prior persons for violations thereof as provided by code § 1207 (Part)). law.(Ord. Pa t))- law.'(Ord. 76,51 J 3). 14-4.004 Notice filed by appellant. The Article 14-2.4 Notices appellant shall, within thirty days of the action appealed from, file with the clerk of-the'board a 14-2.402 General. Unless otherwise WITIOd written notice of appeal concisely specially provided herein, notices and service stating the facts of the case and the grounds for thereof pursuant to this code shall be as his appeal including his special interest and provided in Sections 14-2.402 through 14.2,408. injury. (Ord. 70.36 $ 1 (part), 1970: prior cue (Ord. 70-36 6 1 (part), 1970: prior code § 1205 1207 (part)). (part))° 14-4.006 Setting of Marring, -- Notice. The 142.404 'Written. Notices shall be written. clerk of the board shall then promptly set the, (Ord. 70.36 § I (part), 1970: prior code 1205 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. 70`36 1 1 (part), 1970: prier code § 1207(part)). served either-.. (1) 1 °nally'or 14-4.008 Derision final. The, board's (2) By'deposit in the United States mai in a decision, after appellant has had an opportunity scaled envelope, first cls„ postage prepaid, to be heard, shall,be final and conclusive. (Ord. addressed to the person to be notified at his last 70-36 § 1 (part), 1970: prior code 1207 known business or residence address appearing (part)). in the public records or in ether records of the matter for which notice is given, .and marled notice shall be deemed served when duly mailed. Chapter 14„6 (Ord. 70-36 11 (partX 1970: prior code 11205 Cl'11TL ENFORCEMENT* 14-2.408 Proof of service. Proof of the sr rvim of any notice may be made by the Article 146.2 Genn" cerwicate of any officer or employee of this Sections: tions: county or by the affidavit of any person at)cast 14-6.202 Generral. eighteen yews old, showing wr4ce confoxarf 146.204 Nuisances. to this code or other applicable lay.(Ord.70.36 Article 1.4-6.4 Uniform Public Nuisaeneet I (part), 1970 prior code 1120). Abatement Procedure Sections: 14-6.402 Uniform P - Chapter 14.4 1".404 Dtf3mt n. 14-6.406 Sumn-nary abatement. APPEALS 1".403 Scope. Sections: 14-6.410Nuisance declared. 14-4.002 Geral. I4-3.412 Str4ce of nodose and order e. 144.0104 Notice 60 ed by oppellmt` 1".414 Appy pro'"cedurc. 144.006 Setting of bexft -blot: . 146.416 Appeal fee-lit un of 1 f 14-4.008 Decision mal. amount1walver of payment/ 14-4.00+2 General. Unless otherwise refund. specially provided, any person aggrhoed by an ..C. . -For Ow ststotwy p��r" mtkt by r uWad tam "Fear:the sutx►tory prcmir , w�[1 3 494;h`s sit tmo " as> egug tag of 3**t by n WftV4 ma.at GOV. a>aata s pvb�c ra of ftur, we CSr. C. 349�i for t?,c x s i 33ti62. �a a�+�nye,sat CIO.C.13491. 5 tc*vvs Carwta Cow�tx s- ►3 AUG 15 1990 1".202-14-6.410 GENERAL PROVISIOWS 14-6.418 Hearing procedure. 14-6.444 Definition. The term "count 14-6.420 Decision. abatement officer" means the county officer 14-6.422 Pune for compliance. responsible for enforcing the county„,ord anEe 14-6.424 Limitation of action. code provision being violated, which violation 14-6.426 Noncompliance. has been declared to be a public nuisance.(()td. 146.428 Report and notice of hearing. 88-8812). 146.430 Nearing on report. 146.432 Cost as special assessment and 14-6.406 Summary abatement. Nothing in lien. this article prohibits the summary abatement of 146.434 Notice of assessment and a nuisance upon order of:the board or upon abatement lien. order of any other county officer authorized by 14-6.436 Manner of collection—Law law to summarily abate nuisances, if the board applicable. or officer determines that the nuisance con. 146.438 Release and subordination. stitutes an immediate threat to public health 14-6.440 Violations. and safety. Article 14-6.6 Treble Abatement Cost for In the event a public nuisance is summarily = Repeat Public Nuisances abated, the county abatement officer shall Sections: nevertheless beep 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 mailing, the county abatement officer may proceed to obtain a special anew Article 14-6.2 General .. ment and Tien.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, 3his code may of the costs of abatement, the board shall also be enforced by civil action, directly against hear and determine any issues relative to the the act, omission or condition, or for damages necessity for the abatement or the runner in therefor, for collection of penalties, fines, which the property was declared to be a public deposits, forfeitures, etc., or by other civil nuisance and summarily abated. (Ord. 88.88 Proceedings. (Ords. 88.88 12, 70.36 § 1: prior 2). ..., ,. ..�.,�__.. code § 1203). 14.6.408 Scope.Whenever a public nuisance 146.204 Nuisances. Any condition existing is declared, it may be abated in accordance 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 § 2; clusive but are cumulative to all other dvil and 70.36 11: prior code 11203). criminal remedies prcmided by law. The seeking of other remedies shall not preclude the sbnu)- Article 14.5.4 taneous commencement of proceedings pursuant Uniform Public NuhanM_ to this article.(Ord. 88-88 12). Abatement Procedure 14-6.410 Nuisance declared. A county 14-6.402 Uniform procedure. This article abatement officer may declare a public nuisance shall be known and may be cited as the for any reason specified by this code. Once a "Uniform Public Nubance Abatement. Pro- public nuisance is declared, the county abate- c edure." It is enacted pursuant to Government ment officer shall issue a notice and order to Code Section 25$43 and is intended to be an abate substantially in the f611o*DiZTc4bi: alternative procedure for the abatement of any violation of this code which violation is declared to be a public nuisance.(Ord. 8888 § 2). (CON"c*N.Courny 6-90) 6 _. ........................... ....................................................................................................................................................................................................... . ...................................................................................... APPEALS I46.412-14-6.414 "NOTICE AND ORDER TO ABATE waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or-waiver, NOTICE I5 HEREBY GIVEN that (specify the Clerk of the Board will-cause the matter to the condition constituting the,nuisance} be 'set for hearing before the Board of Super- visors and notify you of the date and location is in violation of Section of the Contra of the hearing. Costa County Ordinance o e—.The violation has been declared a public nuisance by the If you have any questions :tgarding this (coun ► abatement officer) and must be matter, you tray direct them to the county abated immediate y. T e pu lic nuisance is can officer issuing this notice at the address or property located at (insert address or other telephone number listed below. letral;Inrotacrty desrntion). ISSUANCE DATE: YOU ARE-HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (insert 10 -(R-ane, title, ad nss and ttlephone number (days) or other reasonable period) of the. county abatement officer issuing this consecutive calendar clays from the issuance notice.)" of this order. The issuance date is specified below. You may abate the nuisance by insert (Ord.85-88 2). desired action which. if taken, will adequately remed tht situation) . If you fail to 14.6.412 Service of notice and carder to: abate the public nuisance within the number of abate. The notice and order to abate shall be days speed, the county may order its abate- served.in the following manner: merit by public employees, private contractor, (1) By certified mail, addressed to the or other means. The coast 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 -atnyone known, to the county be collected at the same tient and in the same abatement officer to be in possession of the manner as ordinary county taxes art collected, property at the street address of the property subject to the same penalties, procedures and being abated. Service sharp be deemed to have sale in case of delinquency. been completed upon the deposit of4Wd notie- and order, postage pre-paid, in the united YOU MAY APPEAL FROM "THIS ORDER States nail;and OF ABATEMENT, but any such appear must (2) By pasting, within one day of the date be brought prior to the expiration of the num- of mailing, such notice and order to abate c on- ber of days specified above for completion of spicuously in front, of the property on whick,► abatement_ The appeal must -be in writing; or in front of which, the nuisance exists, or if specify the reasons for the appeal,contain your the property has.no frontage,upon the portion name, address and telephone number; be ac- of.the property nearest to a street,highway, or compan ed by an appeal fee of dollar's road, or most likely to give actual notice to the (S ) and be submitted t—o-3—c"Clerk of owner and any perm known by the county th-t-lZa, of Supervisors at the following abatement office to be to possession of the address; property.(Ord.88.8812). Clerk of the Board of Supervisors 14.6.414 Appeal procedure. Any owner or County of Contra Costa other person In possession of the property may 65.1 ane Sheet, I st Floor appeal to the board within the number of days Martinez,CA 94533 allowed in the notice iriC*rder to abate. The appeal One who is legally indigent may obtain a the grounds apps awl is talo be ssubmittedittcd upon which the 6a (COOM com c omw DEC 5 1989 . l 4-6.416-14-6.4 18 GENERAL PROVISIONS contain the name, address and telephone num. If the appeal fee is paid and the board finds bet 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 without.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. 88-88 12). fee or submission of an application for a fee waiver pursuant to Section 14.6.416, further 146.418 Hearing 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 chair 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 b amount/waiver 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. "ly by the board based upon the costs in- (2) The hearing need not be conducted ac- curred by the county in processing appeals pur- cording to technical rules 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 Mule costs for any work of abatement. which might make improper the admission of If the appellant claims an economic hardship such evidence over objection in civil actions. 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 byl the clerk of the board for deuce but shall not be suMcient 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 ru)n of" court proceedings in forma pauperis pursuant to privilege shall be effective to the same extent Section 68511'.3 of the Government Code. The that they are now or hereafter may be farms shall be executed under penalty of perjury recognized in civil actions, and irrelevant and and contain a declaration as to the truthful- unduly repetitions evidence may be exclude& ness and correctness. of the Information con- (3) The hearing shall be, conducted in the tained therein.Upon submittal of the completed English language. The proponent of any testi- forms,the appeal fee shall be waived. mony to be offered by a witness who does not Upon Ming a timely and complete appeal proficiently speak the English language Shall and for good cause shown, the clerk of the pravide an interpreter,approved by the boater 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 testy, to to complete and submit the waiver forms. In serve as interpreter during the hearing. The no event shall the additional time exceed three cost of the interpreter shall be paid by the work days. party providing the interpreter. The board may Failure to submit the waiver forms or pay the compile and publish a list of Interpreters known appeal fee in s timely manner shalt cause the to be proficient in various lanVMes.. _ appeal request to•be automatically denied. En- (4) A patty may have the bearing sten0- 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 tauten under oath if submitted. requested by a pasty. (Cow"Ox"county t.89) 6b CP/JL ENFORCEMENT 14-6.42t}..._14..6.430 (5)The bearing may be continued from time to When the county has completed the Work of time upon request of a party to the bearing and abatement,or has paid for such wprk,elle actual cast upon a showing of good cause therefor.(Ord.88-88 thereof,together with any adi; strative cost,shall 2). be charged to the owner of the prey. To Ws amount shall be added the appeal fee of it had bees 114-6.420 Decision.At the conclusion of the bear- waivv4 pursuant to Semon 14-6.416 aW reaonabk ing, the board shall reverse, modify or affirm, the attorneys' fees if the county has elected to seek determinations of the county abatement officer and recovery of its anorneys' fees as the initiation of the may direct the county abatement officer r to proceed proceedings.The combined amounts shall be includ. and perform the work'of abatement of not performed ed in a ball and scat-by mash to the owner, of to by the owner or the person in possession of the paid prion thereto. The bill shall inform the owner property within a prescribed period of time. The that failure: to pay the bill within ftfteet► calendar decision shall be in writing,contain tnxcssary find- days from the date of mailing may MR* in a lien iogs,;and be Med with the clerk of the board follow- upon the property- (Ot&. 97-19 2. W88 12; ins the elusion of the heating. A copy of the Gov. Code 12.5845(c)). decision shall be sent to each party appearing at the: baring, and if ado appearance was made by the 144428 Report and notk a of brarimg, if the appellant. to hien or hear by mail, at the address bill is not paid within fifteen clays from the date of specified in the appeal. The decision of the board mailing, the county abatement officer shall rear shall be final when filed with the clerk of the board. an itemized rcpmt in writing to the clerk of the The county.abatement officer shall be responsible beard for submittal to tlse.board for bearing and for;preparing,assailing and filing the decision.(Ord. cvnfirmatioix The report shall include, at at mini- 88-88 j 2). wurn, the names and addresses of the possessor of the property and all persons having any record inter. 1"422 Tim for compliance.If the boatel de- est in the property (including but not l rusted to, codes that the order to abate should be enforced,the holders of images or deeds of least), the dam owner or person an possession of the property shall upon which the abatement of the nuisance was comply with the order within such period of time as ordered, the date the abatement-was complete, a may be ptrescn'bed.and its the absence of any pre- description of the real property subject to the lien„ scribed time, wi in qty clays from the date of orad the amount of the abatement a>sL At least ten mailing of the final decision.The prescribed period days prior to said bearing. the clerk of IVia. of tine shall cowmenm on the daw of mailbag of shall give notice,by certified mom,of s -bearing the final decision. (Ord. W98 #2), to all persons named in the arty abatement off`im's report Said nodoe shall be wevand by the 1"424 lAWtation ofacdom Any own action county abatement officer sod shall describe the or proceeding to attack, review, set aside, void or property by assem Ws parcel numb sand street aanmal the board's decision pursuant to Section 14- number or some other description sufficksnt to eat- 6.420 sW be commenced within thirty calendar able identification of the VXperty, and contain a clays of mailing of the decision.There aftrar all per- ' statement of the amount of the proposed assessment. sons asst barred from commencing, any such setio>sn (Urd. 88-88 #2). or proceeding and from asserting any defense of invalidity or unreasonatrleness of such decision, 1".430 B`awint on art, At the tom fixed proc4eding, act or deterrakodon. (Or& 88-88 f 2). for receiving and considering the mpmt,the board shall bear it and any obje dons os r any of tete owners 144426 Noxwmpuanm Upon the&Uua e,ne- liable to be assessed ft the wo of abatearrsent or gleet or refusal to property comply with the ader any other persons who may bavo a legal int in to abate within the prescribed time period,the coun- the property.7be board may add to the pmposed V abatement Officer may cause to be done whatever asscssMo nt am amount etc►the cast of conduct- work is neCessary to abate the public nuisance. An ing the assessment corifirnnatim hearing.M*board account of the cost of abatement shalt be kept foe° may also make such other modifications in the each separate assessor's parcel involved in the report as it deems necessary,after which.the board abatement may omcr the report confinned. The order and R E E 1**v E D modified report shall be fried with the clerk of the Frirt, 2 6c Cm .om Of suE SORS 14-5.432---14-6.440 GENERAL PROVISIONS p board, and as filed shall be final and conclusive. 14-6.436 Manner of collection—Law applica, T (Ord. 88-88 $ 2). W Ilereafter,the amounts of the assessment shall be collected at the same time and in the same man- 14-6.432 Cost as tpecfal assessment sod Den. nee as county taxes are"eoll ted,and ani subject to The arnoums and the costs of abatement mentioned the same penalties and the same procedure and We in the report as confirmed shall constitute a special in case of delimpency as provided for ordinary assessment against such property and are a lien on catty takes.All,haws applicable to the Levy,collec,� the property for the amount of the respective assess- tion and et forceanent of county taxes are applicable. meat. to such assessmen%except that if any real property b addition to its rights to impose said special to which such lien would attach has been transferred assessment, the county shall retain the alternative or conveyed to a bona fide purchaser for value. or right to recover its costs by !way of civil action a&,n of a bona fide encumbrancer for vale has against the owner and person in possession or con- been amated and attaches thereon prior to the date trot Jointly and severally. (Ord. 8848 12). cc which the nurse i nstaftent of such taxes would become defimpent,then the lie►which would other. 14-6.434 Notice of went and abatement wise be imposed shall riot attach to such real proW. Ben. The county abatement officer small record at ty and the cost of abatement and the cast of eYnfon. the office of the county recorder,and deliver to the ing the abatement as couramed, relating to such auditor-controller, a certificate substantially in the property, shall be ttafisferred to the uasecur+ed toll following form: for collection. (Od. 88-8812). "NOMCE OF ASSESSMENT AND 1"438 Rtleast and subordinativ&An abate- ABATEMENT'LIEN rnent lien created under this article may be rieleascd (Public Nuisance Abatement) or subordinated by the county abatement offncerr in the same manner as a judgment lien on rW property + Pursuant to Goverrunent Code Section 25845 and may be released or subordinated (Ord.88-88 f 2). Ordinance Code Article 14-6.4,Contra Costa Coun- ty abated a public nuisance on the parcel of mal 14-6A40'Vi+t bdorn&It is uabminl for=7 Persm property described below,of which the named par to interfer`t with the performance of the duties hem- s}is the owner of record or possessor,and fixed in speed for the county abatement offer or any the below-shown aunt as the. costthereof and authorized officer our er npWyee thaeof,or to refuse thereby claim a special assessment against said to allow any >azch offrccr or+rmpltsyet ate appre2 -_ _.. property for this amount. pzivate contractor,to enter inn any pwdses for 1. RECORD OVINER(S): . . . . . . . . .. . . . . the purpose of abating the public nuisance or to LAST KNOWN ADDRESS: . . . . . . . . . . interfere in any nnarnrer whatever with said officers 2. POSSESSOR(S)(if different from or employees in the work of owner): . . . . . . . . . . . . ... . . LAST' KNOWN ADDRESS: . . .. . . .. . . . 3.DATE ABATEMENT'ORDERED: ,. . . . . 4. DATE ABATENEq T COI+ t : . .. . 5.PARCEL.: Real property in Contra CMU County,California: County Assessor's parcel tl: . . :.. . .. .. " lother description where Dw&dj b AMOUNT OF ABATEME Tr (ASSESSMEN1)COST: .... . . .. . .. ... Dried:. . . . . . Conte Costa County By: . . . . .. .. . . . County Abatement Officer" (Ord. 88-88 j 2). waoftoum omwyir m 6d CRLq'NAL ENFORCEMENT 14-6.602--14-8.008 abatement. Any person violating any of the provi• 14-8.004 'Vio120011---Puns ment. (a) Infrac_ signs of this chapter shall be deemed guilty of a tions. Except as otherwise provided by statute or misdemeanor unless,in the discretion of the prose- this oxide, every infraction violation of this code is cvtor, it is charged as an infraction. (Ord. 88-•88 punishable; upon conviction"t`hereof, by: 2) (1) A fine not exceeding one hundred dollars for a first vio ation. Artiode 14-6.6 (2) A fine not exceeding two hundmd dollars for Treble Abatement Cost for Repeat a second violation of the same ordinance within one Public Nu ismees year, (3) A fuse not ex=ding five hundmd dollars for 14-6.602 Treble abatement cast for repeat each additional violation of the aarrre ati1 once public vulsa nm In addition to all other remedies with'one year. available under the law, including the penalties' (b) Misdemeanors.Except as other provided provided in this code, upon entry of a second or by state law or this code,every mis&meanor viola. subsequent civil 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 andlor by a fm of not over 06e 14-6.4,the court may order the owner for pay treble thousand dollam (Ords.. 84-18, 76-51 11. 70-315, the costs of the abatement (0)rd. 89-79 $ 2; Gov. 1457: pricer code 6 1200 (part): see Govt. C. § Code, 125945.5). 25132 (b), Vehicle. COde 1 42001(a),-and Penal Code 19). 1".604 Exception.Section 14-6.6012 shalt not apply to conditions abated pursuant to Health and 14--8.006 Mobtlow—Continuing. Acts,omnis- Safety Coxae Section 179801. (Ord. 8979 § 2: Gov. signs or conditions in violation of this code which Code, 3t 25845.5). - continue,exist or occur on snore than one clay con- stitute separate violations and offenses on each such day. (Ord. 701.36,prior code § 1204(part)). Chapter 14-6 14-8.008 Infraction wTtst* and citation. (a) CRVAUgAL ENFORCEMENT* The following officers,or their designated subordi- nates,shall have and are hereby vested with the au- Sections: 9xxity to arrest any person who violate t11e fold-.. 14.8.002 Violation---bdi`action. ing provisions of this code punishable as irdhct ons: 14.8.OD4 Violatid r-punishment. (1) motor of Health Services---Division 413 14-8.01016 Violation-Continuing. and Chapter 450-6; 14-8.11018 h*Wtioan Wrest and citation. (2) Director of Building bupection--Tide 7, (3) Director of Community Development--TWO 14-&002 Violation— #ion.Except as oth- 8; erose provided(and regardless of the avail-ability (4) Director of Public Works»--Divisions 1002, of other civil or adndnistrative remedies and prose- 10101, 10114, 11016 rami l l lO, dues for enforcing this coded every act or rwondkion (5) Diroc:tor of Growth Management grid Ecoa- ptrvhibited or declared unlawful by this code, said anomic mveloprnent--as provided by Section 16- every While ar OMEWoii to set as required herein, 4.0112. is s violation of this code and is an i nfracdiom (b) Tire sberve l strd ofters,or their designated (C1rds. 76-5111. 70-36. 1457: prior to& 2100 subordinates, may issm a tations for infraction (1 3: See Govt.C. 125132(a)). violafioanss of the above:-listed code provisions. (c) The county adrninisavoar may by writtan order ism rtguladons to provide for administration. procedures and policy dei tion for this section. ` �n arm ata ,ata ► G t 17,t+ar (Orris.96-210 2,95-36 1 1,90-12212,86-80*2; Ot AWOWY rovkxft MpnrMt=%&MMM in d*WOWY Ja as Penal Code. 1119.7. $36.5, acid 853.6). prisms for a a kr coir, pta.C !"19 gad t9s 6e (Cbw*Cam co"My I I.M 4-10.0102-4-10,004 GENERAL PROVISIONS ; Chapter 14-10 C:TVIL PENALTIES Sections: 14-10.002 Viobdon--Civil penalties. 14-10.004 Civil penalty schedules. 14-10.002 Vlotaflo*-4.1vil yrs;Notwith. standing any contrary provision,any violation of an . ordinance code section governing the standing or parking of a vehicle is subject only to a civil penahy and civil fees and charges,as provided pmt to Sections 40200 and 40203.3 of the California Vehi- cle Code. (Ord. 9M2 12). a 14-10.004 Clvtl penalty schedules.The board shall establish and modify from time to time, by resolution, schedules of parking penalties for park- ing violations,late payment penalties,a hninistrative 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. 93-82 $ 2). ti y DEC 34 CtERx OZ `03 CSR G Own cbm oar t I-M 6f rel y� Yn ai 6 K' f .. ,. :.qtr to ru [3 Er A w'° C 3 F i tA A _ �C cn � ¢ f ...,�..... ,,,.. .... .. . 4J yet p) r '�- .....+- ........ C3 '., \� ru co rrrwirr�rw�r - arc F V N O 0 (} C CD pCD C s u C1 W to C F t0 U.) k !m V Lc, .✓ to � r ks vNr x Y rti{l � � •f.�.Nl r nrh. Y xh �' `� l•{4 tl y0 t } 61 GFS r x # CL RI L cu r. O i7i > SENDER.COMPLETE THIS SECTION COMPI ETE THIS SECTION ON VELIVE'RY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desiredd. � r 0 Agent • Print your name and address on the reverse ©Addressee so that we can return the card to you. H. Received by{Printed tvam� ^C. date of Delivery • Attach this card to the knack of the tr<aiiplece, ���Vt'„� ���,t�; ' or on the front if space permits. '~j D. Is def very aaddrA different from item 1? ❑Yes 1 Article Addressed to: a if"ES,errt r "'address below: 0 No Associates Anethesiologists Medical` Group, Inc. k' CIO United Home Loan /V P.O. Box 410 i se e' � IY'beirtified Mail L Express Mail San Ramon, Ca 94583 0 Registered 177 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee} 173 Yes 2. Article Number 7002 1000 0004 9166 2163 grarsfar from service tabe!} — — — — Ps Form 3811,August 2001 Domestic Return Receipt toass9-u2•ivt-toss 3 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. Gelasis A. Velez 81 Broadway St . Oakley, CA 94561 Manuel & Rose Marie Velez 81 Broadway St. Oakley, CA 94561 Associates Anethesiologists Medical Group, Inc . C/o United Home Loan P.O. Box 410 San Ramon, CA 94583 Inst . #01-147796 SITE: 81 Broadway St. , Oakley, CA APN: 03.2-040-021 Said notices were mailed/posted on August 8, 2003 . I declare under penalty of perjury that the foregoing is true and correct. Dated: August 8, 2003 , at Martinez, California. PCT CI,2RK CONTRA COSTA COUNTY DATE: September 9, 2003 TO: Clerk of the Board FROM: Building Inspection Department By: Terry Plys, Building Inspector I RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code r 14- 6.428 . OWNER: Gelasia A. Velez POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: November 15, 2002 ABATEMENT COMPLETED DATE: May 14, 2003 SITE ADDRESS: 81 Broadway Street, Oakley, CA 94561 APN # : 032-040-021 PROPERTY DESCRIPTION: Single Family Dwelling AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6 . 428) ITEM EXPLANATION COST DIRT Title Search 2@ $125 $250 . 00 Site Inspections 12 @ $25 $300 . 00 NTC Notice to Comply $100 . 00 Postage Certified/stamps $ 25 . 00 Photos $ 25 . 00 Abatement Contractor $5, 500 . 00 Total : $6. 200 . 00 Abatement costs can be paid at or mailed to Building Inspection Department, Property Conservation Division, 651 Pine Street, 4th Floor, Martinez, CA 94553 . Our offices are closed on the first, third and fifth Friday of each month. w:personal/ITEM/ITEMIZED.MEM.Velez TO: BOARD OF SUPERVISORS =- Contra � Costa o~ �w FROM: CARLC}S BALTC)DANC7 �ar a l" Cent DIRECTOR, BUILDING INSPECTION O � �A� - y DATE': September 9, 2003 SUBJECT: CONFIRMATION HEARING: Report of Abatement Cost OWNER: Gelasiia A. Velez SITE: 81 Broadway Street, Oakley, CA APN: 082-040-021 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. HEAR and CONSIDER the attached itemized report regarding the abatement of and any objections by owner(s) or persons having legal interest in the above-described property. 2. Add cost of abatement confirmation hearing thereto. 3. Confirm report and direct it to be filed by the Clerk of the Board. FISCAL. IMPACT When filed and recorded as a special assessment against the above-described property, the amount of the assessment may be collected at the same time and in the same manner as county taxes pursuant to C.C.C. Ord. Code § 14-6.436. BACKGROUND/REASONS FOR RECOMMENDATIONS C.C.C. Ord. Code § 14-6.430 requires the Board of Supervisors to hold a hearing to confirm the assessment on abate property. Notice of this hearing has been given by the Clerk o the Board by certified mail at last 10 days prior to this hearing as required by C.C.C. Ord. Code § 14-6.428. As set forth in the attached itemized report of costs, this property was abated by demolition on May 14, 2003, pursuant to the procedures established by Contra Costa County Ordinance Code Chapter 14-6 (Uniform Nuisances Abatement Ordinance). The property was considered a Public Nuisance according to Section 82-2.006 of the County Ordinance. 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,Cleric of the Board of Supervisors and County Administrator BY .DEPUTY w:personaUboardorders/velez CONTRA COSTA COUNTY DATE: September 9, 2003 TO: Clerk of the Board FROM: Building Inspection Department By: Terry Plys, Building Inspector I RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code i 14- 6 . 428 . OWNER: Gelasia A. 'Velez POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: November 15, 2002 ABATEMENT COMPLETED DATE: May 14, 2003 SITE ADDRESS: 81 Broadway Street, Oakley, CA 94561 APN # : 032-040-021 PROPERTY DESCRIPTION: Single Family Dwelling AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6 .428) ITEM EXPLANATION COST PIRT Title Search 2@ $125 $250 . 00 Site Inspections 12 @ $25 $300 . 00 NTC Notice to Comply $100 . 00 Postage Certified/stamps $ 25 . 00 Photos $ 25 . 00 Abatement Contractor $5 , 500 . 00 Total : $6, 200.00 Abatement casts can be paid at or mailed to Building Inspection Department, Property Conservation Division, 651 Pine Street, 4th Floor, Martinez, CA 94553 . Our offices are closed on the first, third and fifth Friday of each month. w:personal/ITEM/ITEMIZED.MEM.Velez Building Inspection Departfnent ' '++ Director of Building Inspection car€ossattodano {r� PROPERTY CONSERVATION DIVISIONDIVISIONNEIGHBORHOOD PRESERVATION PROGRAM j''' os#.C� 651 Pine Street,4th Floor C V t n Ly Martinez,California 94553-0152 PCD(925)335-1111 : NPP(925)335-1137 FAX (925)646-4450 NOTICE OF HEARING (PROPOSED ASSESSMENT FOR ABATEMENT COSTS) TO: Gelasia A.Velez 81 Broadway Street Oakley,CA 94561 AND TO ALL OTHER PERSONS HAVING OR CLAIMING ANY RIGHT,TITLE OR INTEREST IN OR TO THE HEREINAFTER DESCRIBED PROPERTY,THE BUILDING OR 1WROVEMENTS LOCATED THEREON: NOTICE IS HEREBY GIVEN THERE WILL BE A HEARING BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA CO r approval and confirmation of the abatement costs(attached). The said hearing will be held on the --- - day of %.� ,at the hour of '_ �,' ( •rA! at 651 Pine Street, Board of Supervisors Chambers, room 107, County Administration Building,Pine and Escobar Streets,Martinez,California. At that time and place,the abatement costs will be submitted to the governing board for confirmation and any objections or protest,which may be raised by any owner of the property liable to be assessed for the cost of such work,and any other interested persons will be heard. The property herein referred to is described as follows: Parcel No: 032-040021 Site Address: 81 Broadway Street,Oakley, CA Amount of Proposed Assessment:$6,200.00 Owner: Gelasia A. Velez Address: 81 Broadway Strut City: Oakley, Ca 94561 John Sweeten Clerk of the Board of Supervisors and County Administrator By: i i �r Ld Deputy Clerk Date HEARING.NOT BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF } Cast Confirmation Hearing } Gelasia A.Velez ) 81 Broadway Street ) Oakley,Ca 94561 ) 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: Associates Anesthesiologists Medical Group,Inc. CIO United Home Loan P.O.Box 410 San Ramon,Ca 94583 Manuel &Rase Marie Velez 81 Broadway Street Oakley,Ca 94561 Gelasis A.Velez 81 Broadway Street Oakley,Ca 94561 1 declare under penalty of perjury that the foregoing is true and correct.,Martinez,CA. Date: August 22,2003 ,� w Danielle Kelly,Deputy Clerk