HomeMy WebLinkAboutMINUTES - 10212003 - SD.3 BUILDING INSPECTION DEPARTMENT
CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF: )
Jahn Maney Jr. )
1075 and 1081 Palm Ave. )
Martinez, CA 94553 )
)
Re: APPEAL DECISION )
)
I: declare under penalty of perjury that I am now, and at all
times herein mentioned have been, a citizen of the United
States, over age 18 ; and that today I deposited with the
United States Postal Service in Martinez, California, postage
fully prepaid, a copy of the Board of Supervisors' final
decision Board Order on October 23 , 2003 , in the above matter
to the following:
John Maney Jr. Aames Capital Corp.
1079 Palm Ave. c/o Principal Portfolio Services
Martinez, CA 94553 3531 S. Harbor Blvd. #200
Santa Ana, CA 92704-6951
Quality Mortgage USA Inc . Hilberto Fuentes
1.6800 Aston St. 1079 and 1081. Palin. Ave.
Irvine, CA 92714 Martinez, CA 94553
SITE: 1079 Palm Ave. , Martinez, CA 94553
APN: 375--271-019
I declare under penalty of perjury that the foregoing is true
and correct .
Dated: October 23,,..--2-0-0 at Martinez, California
PCD CLERK
ADDENDUM TO ITEM SDA
October 21, 2003
The Board of Supervisors considered the abatement appeal by John Maney, Jr., from the decision
of the County Abatement Officer declaring a public nuisance on property located at 1079 and
1081 Palm.Avenue in Martinez.
Tim Griffith, Building Inspection Department presented the staff report and recommendations.
The Chair opened the public hearing and there were no requests to speak. The public hearing
was closed.
Supervisor Uilkema moved to approve staff's recommendations and Supervisor Glover second
the motion. The Board took the following action:
o CLOSED the public hearing;
o DENIED the appeal of John Haney(Owner) from the decision of the County Abatement
Officer declaring a public nuisance on property located at 1079 and 1081 Palm Avenue,
Martinez;
o AFFIRMED the determinations of the County Abatement Officer;
o DIRECTED the County Abatement Officer to proceed and perform the work of
abatement in 30 days from the date of nailing of the decision.
TO: BOARD OF SUPERVISORS = Ct
4nrr`
FROM: CARLOS BALTODANU OSta
DIRECTOR, BUILDING INSPECTION COitTCounty
'9 l
DATE: October 14, 2003 Sbiq
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
1079 and1081 Palm Ave,, Martinez CA
APN: 375-271-019
OWNER. John Maney Jr.
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
$25,000.00, if the county does the abatement.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On March 4, 2003, the Building Inspection Department received a complaint regarding
junkyard conditions at 1079 and 1081 Palm Avenue in Martinez. A site inspection of the
properties on March 19, 2003, revealed junkyard conditions, including contractor's
equipment and materials and hazardous and insanitary conditions. The site inspection
also revealed sub-standard structures in violation of required setbacks, and alterations to
the structures were done without permits. A Notice to Comply Letter was sent to the
property owner on June 25, 2003. Subsequent Inspections revealed the above conditions
still exist on the property. The owner is in violation of the following County Ordinances:
Title 8 Chapter 82-2.002 (Adoption of the Zoning Ordinance)
Title 8 Cater 82-2.006 (Land Use Enforcement)
Title 8 Chapter 84-4.402 (Uses permitted in R-6 Zoning)
Title 8 Chapter 84-4.1002 (Side Yard Setbacks in R-6 Zoning)
Title 8 Chapter 84-4.1006 (Rear Yard Setbacks in R-6 Zoning)
Title 7 Chapter 712-2.004 (Adoption of The Uniform Housing Code)
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 August 14, 2003, the Building Inspection Department declared the property a public
nuisance and posted a Notice and Order to Abate under Title 1, Chapter 14-6. This appeal
is being made under the provisions of this title.
CONTINUED ON ATTACHMENT: SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON October Z1, IMI APPROVED AS RECOMMENDED X OTHER X
VOTE OF SUPERVISORS SEE ATLAGM ADDE024 FOR BOARD ACTION
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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: October 21, 2003
cc: JohnSweeten,Clerk of the Board of Supervisors
,--and County Administrator
.DEPUTY
F',
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 Cade
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.
John Maney Jr. Aames Capital Corp.
1079 Palm Ave. c/o Principal Portfolio Services
Martinez, CA 94553 3631 S. Harbor Blvd. #200
Santa Ana, CA 92704-6951
Quality Mortgage USA Inc. Hilberto Fuentes
16800 Aston St . 1079 and 1081 Palm Ave.
Irvine, CA 92714 Martinez, CA 94553
SITE: 1079 Palm Ave. , Martinez, CA 94553
APN: 375-271-019
Said notices were mailed/posted on September 22 , 2003 .
I declare under penalty of perjury that the foregoing is true and
correct .
Dated: September 22 , 2003 , at Martinez, California.
PCD CLERK
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 2997 Edition, Section 11.01 . 3, and
Contra Costa County Ordinance Code Chapter 14-6 . 4 Uniform Public
Nuisances .
X 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.
3 . I have mailed a copy of the attached documents to the
following persons C/O the County Clerk.
4 . Hand delivered.
John Maney Jr. Aames Capital Corp.
1079 Palm Ave. C/O Principal Portfolio Services
Martinez, CA 94553 3631 South Harbvor Blvd. Ste. 200
Santa Ana, CA 92704-6951
Quality Mortgage USA Inc.
16800 Aston St. Hilberto Fuentes
Irvine, CA 92714 1079 and 1081 Palm Ave.
Martinez, CA 94553
SITE: 1079 Palm Ave., Martinez
APN: 375-271-019
Said notices were mailed/posted on August 14, 2003 .
I declare under penalty of perjury that the foregoing is true and
correct .
Dated: August 14 , 2003 at Martinez, California.
S. E. Penning P D CLERK
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BOARD OF SUPERVISORS, CONTRA COS'T'A COUNTY,
CALIFORNIA
AFFIDAVIT OF MAILING
IN TIME MATTER.OF
Mr.John Maney,Jr. )
1079 Palm Avenue )
Martinez,Ca 94553 )
APN#375-271-019 )
)
I declare under penalty of penury 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 Contra Costa County Central Service for mailing,a copy of the
hearing notices,in the above matter to the following persons as stated below
John Maney
1081 Palm Avenue
Martinez,Ca 94553
John Maney
1079 Palm Avenue
Martinez,Ca 94553
Hilberto Fuentes
1081 Palm Avenue
Martinez, Ca 94553
Hilberto Fuentes
1079 Palm Avenue
Martinez,Ca 94553
Aames Captial Corp.
C/o Principal Portfolio Services
3631 South Harbvor Blvd., Ste 200
Santa Ana,Ca 92704-6951
I declare under penalty of perjury that the foregoing is true and correct.,Martinez,CA.
Date: October 7 2003
�--Danielle Kelly,Deputy Clerk
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,
CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF )
Mr.John Maney,Jr. )
1079 Palm Avenue )
Martinez,Ca 94553 }
APN#375-271-019 )
}
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 Contra Costa County Central Service for certified mailing,a
copy of the hearing notices,in the above matter to the following persons as stated below
John Maney
1081 Palm Avenue
Martinez,Ca 94553
John Maney
1079 Palm Avenue
Martinez, Ca 94553
Hilberto Fuentes
1081 Palm Avenue
Martinez, Ca 94553
Hilberto Fuentes
1079 Palm Avenue
Martinez,Ca 94553
Aames Captial Corp.
C/o Principal Portfolio Services
s ,
South Harbvor Blvd., Ste 200
` nta Ana, Ca 92704-6951
i m q ing is true and correct.,Martinez,CA.
F¢ i
ge s�- Danielle Kelly,Deputy Clerk
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Mr,john Maney
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2083 Palm Avenue
Martinez Ca 94553
The .Board of Supervisor Contra John Sweeten
Clerk of the Board
Costaand
County Adtninistration Building County Administrator
651 Fine Street,Room 106 County (925)335-1900
Martinez,California 94553-4068
John Gioia,District I
Gayle B.Ullkema,District If
Millie Greenberg,District III
Mark BtSaolnier.District IV
Federal D.Glover, District V
October 6, 2003
Mr.John Maney,Jr.
1079 Palm Avenue
Martinez, Ca 94553
RE:APN 4375-271-019
In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance),you are
hereby notified that October 21, 2003 at 9:30 am.. is the date and time set for the hearing of your
appeal, from the decision of the County Abatement Officer, declaring that j unkyard conditions with a
contractor's yard,accessory structures within required yard setbacks, sub-standard buildings, and
hazardous or insanitary conditions exist,and work has been performed without permist in violation of
Section C.C.C. Ord 82-2.002 (Adoption of the Zoning Ordinance), 82-2.006 (Land Use
.Enforcement), 84-4.402 (Uses Permitted in R-6 Zoning), 84-4.1002(Side Yard Setbacks in R-6
Zoning), 84-4.1006(Rear Yard Setbacks in R-6 Zoning), 712-2.004(Adoption of the Uniform
Housing Code),U.H.C. 100 1.1 (Substandard Buildings on Property), 100 1.11 (Hazardous or
Insanitary Premises), C.C.C. 74-1.002 (Adoption of the California Building Code), C.B.C. 106.1
(Building Permits required). The violations are on property located at 1079 and 1081 Palm Avenue,
Martinez. The hearing will be held in the Beard 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 Uniforms 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
4dkX1__
anielle Kelly,Deputy Clerk
cc.County Counsel
Building Inspection
File List
DATE: August 21, 2003
TO: Carlos Baltodano,Director
Building Inspection Department
Attn: Jeffrey S. Keebler, Building Inspector I
FROM: Danielle Kelly, Deputy Clerk
Clerk of the Board of Supervisors '
SUBJECT: John Maney,Jr. 1079 & 1081 Palm Ave.,Martinez
This office is in receipt of a letter to appeal(see attached copy) and a Request for Waiver
of the $125 filing fee for the above entitled matter, from the decision of the County
Abatement Officer declaring as a public nuisance that junkyard conditions with a ,� ` '�
contractor's yard, accessory structures within required yard setbacks, substandard
buildings, and hazardous or insanitary conditions exist, and work has been performed
withoug permits in violation of the C.C.C. Ordinance Codes listed on the attached Notice
and Order to Abate dated August 14, 2003.
The Board of Supervisors has scheduled this appeal for hearing on Sepber43, 2013
at 9.30 a.m. If you determine this is not an acceptable appeal,please let us know before
this hearing date. Prior to this hearing date,we require the following material in our
office no later than Septeml 43. 0 C_�v t t Vis`
♦ Thirteen completed packets, (one original and twelve copies, each complete) for the
Board members and the Clerk of the Board;
♦ Also, completed packets equal to the addresses on the required Notice of the blearing
for our noticing purposes;
r And,the names, addresses and zip codes for all relevant parties, including the
Appellant, and if applicable, their attorney.
If we do not receive the material by the aforementioned date,we will be unable to go
forward with the September 23,2003 hearing date, and will reset the hearing. If you
have any questions or concerns,please contact our office.
Thank you.
c.c.County Counsel
Building Inspection(Pam Christian)
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REQUEST FOR WAIVER OF THE $125 FILING FEE
Individuals requesting a waiver of the $125 filing fee for
appealing the decision of the County Abatement officer before the
Board of Supervisors must satisfy one or more of the following
conditions to demonstrate economic harshipa
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 Code) ;
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. Cade Sec. 14-6.416; Gov. Code Sec. 68511.3)-
Following acknowledgement that I have read the conditions noted
above and believe I satisfy one or more of the conditions, I am
therefore requesting the Clerk of the Board to waive the filing
fee of $125 for 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.
(Signaturb of ppellant)
on 4F-/S- a3
(date)
at
(C State)
i
OWNER: John Manev Jr. _ f
r,
NOTICE AND ORDER TO ABATE
C.C.C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that junkyard conditions with a contractor's yard,
accessory structures within required yard setbacks, sub-standard buildings, and
hazardous or insanitary conditions exist, and work has been performed without
permits in violation of:
Section C.C.C. ORD. 82-2.002(Adoption of the Zoning Ordinance)
Section C.C.C. ORD. 82-2.006 (Land Use Enforcement)
Section C.C.C. ORD. 84-4.402 (Uses Permitted in R-6 Zoning)
Section C.C.C. ORD, 84-4.1002 (Side Yard Setbacks In R-6 Zoning)
Section C.C.C. ORD. 84-4.1006 (Rear Yard Setbacks in R-6 Zoning)
Section C.C.C. ORIS. 712-2.004 (Adoption of The Uniform Housing Code)
Section U.H.C. 1001.1 (Substandard Buildings on Property)
Section U.H.C. 1001.11 (Hazardous or Insanitary Premises)
Section C.C.C. ORD. 74-1.002. (Adoption of the California Building Code)
Section C.B.C.,106.1 (Building Permits Required)
Of the Contra Costa County Ordinance Code. The violation has been declared a
public nuisance by County Abatement officer and must be abated immediately.
The public nuisance is on property located at: 1079 and 1081 Palm Ave.,
Martinez, CA
APN# 375-271-019
Owner: John Maney Jr.
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within
Thirty (3€3) consecutive calendar days from the issuance of this order. The
issuance date is specified below. You may abate the nuisance by.
1. Remove all non-operable vehicles, garbage- debris junk, automotive
parts,+furniture and any accumulation of vegetation and combustible
materials from the property..
2. Discontinue use of property as a contractor's yard and remove all
associated vehicles, equipment and materials.
3. Remove or obtain variances for all structures in required yard setbacks.
4. Obtain a demolition permit to demolish and remove all buildings on
property or obtain and complete permits to legalize and rehabilitate the
buildings and other structures on the property.
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
following address:
NOTICE AND ORDER TO ABATE
JOHN MANEY JR.
AUGUST 14, 2003
PAG E 2
CLERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
551 PINE STREET, 1ST 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.
ISS ANCE DATE: August 14,2003
Je bier (925) 335-1128
BUILDING INSPECTOR I
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