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HomeMy WebLinkAboutMINUTES - 10212003 - SD4 TO: BOARD OF SUPERVISORS .; Contra. FROM: C OSM: ARL BALTODANO :_._ OSt DIRECTOR, BUILDING INSPECTION r� 5 ' County DATE: October 21, 2003 SUBJECT: APPEAL OF ABATEMENT ACTION AT: 730B Part Chicago Hwy, Bay Paint, CA 94565 APN: 098-030-033 OWNER: Costa & Theresa Papaloannou SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS After hearing the appeal, it is recommended to deny the appeal and affirm the determinations of the County Abatement Officer and direct the County Abatement Officer to proceed and perform the work of abatement 30 days from the date of the mailing of the decision.. FISCAL IMPACT $5,000, if the county does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS On April 4, 2003,the Building Inspection Department received a Referral from the Sheriff's Department regarding junkyard conditions, auto repair business and two occupied travel trailers at 784E Port Chicago Hwy, Bay Point, CA. On April 14, 2003, a site inspection revealed the following conditions: two occupied travel trailers, numerous stored non- operational vehicles, automotive parts and debris throughout the property, and an auto repair business without a land use permit. A site inspection on May 14,2003, revealed no progress had been made and a Notice To Comply was sent to the property owners. The property owners are in violation of the following County Ordinances: Title 8, Chapter 82-2.002 (Adoption of the zoning ordinance) Title 8, Chapter 82-2.006 (Junkyard conditions) Title 8, Chapter 82-2.006 (Land use enforcement) Title 8, Chapter 84-52.402 (Uses permitted for zoning of an R-B lot) Title 8. Chapter 84-68.1402 (Occupied travel trailers) The property owners have been notified of the violations through written correspondence and certified mail. As of this date, compliance has not been gained. On September 2, 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 21, 2003 APPROVED AS RECOMMENDED X OTHER X See the attached addendwn for Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ane } 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 ,AQd County Administrator 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. Costas &Theresa Papaioannou 6520 Longwood Ct. Martinez, CA 94553 Occupant 780 B Port Chicago Highway Bay Point, CA 94565 Occupant 780 A Port Chicago Highway Bay Point, CA 94565 SITE: 780 B Port Chicago Highway, Bay Point, CA 94565 APN: 098-030-033 Said notices were mailed/posted on October 20, 2003 . I declare under penalty of perjury that the foregoing is true and correct . Dated: October 20, 2003 , at Martinez, California. CD CLERK -� ADDENDUM TO ITEM SD►.3 October 21, 2003 The.Board of Supervisors considered the abatement appeal by Luis Gonzalez(Appellant) from the decision of the County Abatement Officer declaring a public nuisance on property located at 780 B Port Chicago Highway, Bay Point. Fred Wright,Building Inspection Department presented the staff report and recommendations. The Chair opened the public hearing and the following person presented testimony: Costa Papaioannou, 780 B Port Chicago Highway, Bay Point, Ca 94565 The public hearing was closed and Supervisor Glover moved to approve staff's recommendations and Supervisor Uilkema second the motion. The Board took the following action: o CLOSED the public hearing; o DENIED the appeal of Luis Gonzalez (Costas and Theresa Papaioanno, Owners) from the decision of the County Abatement Officer declaring a public nuisance on property located at 780 B Port Chicago Highway, Bay Point; o AFFIIw;.MED the determinations of the County Abatement Officer; o DIRECTED the County Abatement Officer to proceed and perforin the work of abatement in 30 days from the date of the mailing of the decision. BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN TIME MATTER OF } Luis Gonzalez } 780 B Port tfiicago Hwy ) Bay Point, Ca 94565 ) AP3'M98-030-t733 ) } } 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 Luis Gonzalez 780 B Port Chicago Hwy Bay Point, Ca 94565 Costas&Theresa Papaioannou 6520 Longwood Court Martinez, Ca 94553 Occupant 780 A Port Chicago Hwy Bay Point,Ca 94565 Occupant 780 B Port Chicago Hwy Bay Point,Ca 94565 I declare under penalty of perjury that the foregoing is true and correct.,Martinez,CA. Date: October 7,2003 Danielle Kelly,Deputy Clerk s� � e a 8a s Post Sort Occupant ------if 780 B Port Chicago Hwy ' Bay Point, Ca 94565 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORTNNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) Luis Gonzalez } 780 B Port Caicago Hwy } Bay Point,. Ca .:;94565 } AM 498-030--033 } } 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 mailing,a copy of the hearing notices, in the above matter to the following persons as stated below Luis Gonzalez 780 B Port Chicago Hwy Bay Point, Ca 94565 Costas&Theresa Papaioannou 6520 Longwood Court Martinez,Ca 94553 Occupant 780 A Port Chicago Hwy Bay Point,Ca 94555 Occupant 780 B Port Chicago Hwy Bay Point,Ca 94565 1 declare under penalty of perjury that the foregoing is true and correct.,Martinez,CA. Date: October 7,2003 r ��-"I)anielle Kelly,Deputy Clerk �,. ... ........ ... ....... -------------------------------------- - - --------------------------------------------------- SENDER* COMPLETE THIS SECTION COMPLETE THIS WCTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatqp item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse X kjl'D> -e:;n 0 Addressee so that we can return the card to you. B. Rsqved by(PriMed Name) C. Dat Q€ • Attach this card to the back of the allplece, 'R ery v m or on the front if space permits. 1116 03 1 Article Addressed to: D, Is delivery address different from item,'iI-e 0 Vas If YES,enter delivery address below: 0 No Occupant 780 A Port Chicago Hwy 3. Sergi Type Ba Point, Ca 94565 Bay �Zrtified Mail 0 Express Mail M Registered 0 Return Receipt for Merchandise El Insured Mail El C.O.D. ................... 4 Restricted Delivery?(Extre Fee) 13 yes 2. Articie Number ?002 1,0100 0004 9166 1753 (transfer front service label) PS Form 3811,August 2001 Domestic Return Receipt SENDM COMPLETETWS SECTION COMPLETE THM SCCTION ON OV ivEr,Y 9 Complete items 1,2,and 3.Also complete A. Signal ftem 4 if Restricted Delivery is desired, El agent U Print your name and address on tie reverse so that we car.return the card to you. T Rkaived by(Printed Alarne) C. Date of Delivery a Attach this card to the back of the malpiece, 191 or on,the front if space permits. Article Addressed to: ----------- D. Is defivery-address different from item I? MYes If YES,enter delivery address below: ©No Costas&Theresa Papaioannou 6520 Longwood Court Martinez, Ca 94553 3. Ser""9eType 2CwtifIed Mai# 0 Express Mail 0 Registered 0 Return Receipt for Merchandise C1 Insured Maii. El 0.0.1), ................... 4, Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 1000 0004 9166 1??7 (Transfer from service label} PS Form 3811,August 2001 Domestic Return Recelp, �oz5s5•dz-tit ins The Board of Supervisors Contra John Sweeten Costae Clerk of the Hoard l� � `Y mid County Administration Building County Administrator 651 Fine Street,Room 106 County (925)335-1900 Martinez,California 94553-4068 John Gioia,District I Gayle I3.Llilkenta,District It Millie Greenberg,District III Mark DeSsulnier,District IV r„ ; Federal D.Glover, District V ' October 6, 2003 Luis Gonzalez 780 B Port Chicago Hwy Bay Point, Ca 94565 RE: APN#098-030-033 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 a.m.. is the date and time set for the hearing of your appeal, from the decision of the County Abatement Officer, declaring that junkyard conditions, improper Ian use and two occupied travel trailers exist and are in violation of Section CCC Ord. 82- 2.002: (Adoption of the Zoning Ordinance), CCC Ord. 82-2.006(Land Use Violation) ,CCC Ord. 84-52.402 (Uses Permitted in R-B), Section CCC Ord. 82-.2.002 (Adoption of the Zoning Ordinance), CCC Ord. 82-2.006(Land Use Enforcement), CCC Ord. 84-52.402(Uses Permitted for Zoning of lot R-B,CCC Ord. 84-68.1402 (Operating an auto repair business without land use permit, Inhabited travel trailer,two occupied travel trailer in a R-B). The violations are on property located at 780 B Port Chicago Hwy, Bay Point. The hearing will be held in the Board of Supervisor's Chambers,Room 107, 651 Pine Street, (the Administration.Building), Martinez, CA. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.410.A copy of the Uniform Public Nuisance Abatement Procedure is enclosed for your reference. If you challenge this matter in Court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the County at,or prior to,the public hearing. Very truly yours, John Sweeten, County Administrator and Clerk of the Board By anielle Kelly,Deputy Cler cc:County Counsel Building Inspection File List x 9 DATE: September 17, 2003 TO: Carlos Baltodano, Director Building Inspection Department Attn: Fred Wright, Building Inspector 1 FROM: Danielle Kelly, Deputy Cleric T ` Clerk of the Board of Supervisor` SUBJECT- Luis Gonzalez 780 B Port Chicago Hwy, Bay Poini This office is in receipt of a letter to appeal (see attached copy) and Request for Waiver of the$125 Filing Fee fee for the above entitled mat'er, from the decision of the County Abatement Officer declaring as a public nuisance that junkyard conditions, improper land use and two Occupied travel trailers exist and are ir: \,,iolation of the County Ordinance Codes listed on the attached Notice and Order to Abate dated September 2, 2003. The Board of Supervisors has scheduled this appeal for hearing on October 7,2003 at 9:30 a.m. If you determine this is not an acceptable appeal,please let us know before this hearing date. Prior to this hearing date, we require the following material in our office no later than September 24, 2003. + Thirteci: completed packets, (one original and t4vcive copies, each complete) for the Board, i._embers and the Clerk of the Board; ♦ Also, completed packets equal to the addresses e < the required Notice of the Hearing for ou- noticing purposes; r And, tic namcs, 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 aforennentioi-:cd date, we will be unable to go forward w1di the October 7, 2003 hearing elate, and, -,vill reset the hearing. If you have any questions or concerns,please contact our office. Thank yo :. c.c.County Counsel Buildir: nspection(Pam Christian) � '"' aEr3 '�`�:^^""y'r 3,,,..,.-�f.:a''s" id'/ ss"_ _ r �'' '�✓l`� 1A REQUEST FOR WAIVER OF THE $125 FILING FEE Individuals requesting a waiver of the $125 filing fee for appealing the decision of the County Abatement officer before the Board of supervisors must satisfy one or more of the following conditions to demonstrate economic harship: 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 '� Appellant is unable to proceed without using money k/ 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. 14-6.416; Gov. Cade 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 Offi#er 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 corr/p-et;. l Ie (Sign tore o Appel t) on td ) A City .., ate OWNER: Costas &Theresa Papaioannou 1303 NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 NOTICE IS HEREBY GIVEN that iunkvard conditions, improper land use and two Occupied travel trailers exist at the property and are in violation of: 1. Section CCC Ord. 82-2.002: (Adoption of the Zoning Ordinance). CCC Ord. 82-2.006 (Land Use violation). CCC Ord. 84-52.402 (Uses Permitted in R-B). 2. Section CCC Ord. 82-2.002: (Adoption of the Zoning Ordinance). CCC Ord. 82-2.006 (Land Use Enforcement). CCCOrd. 84-52.402 (Uses Permitted for zoning of lot R-B CCC Ord. 84-68.1402 (operating an auto repair business with out land use permit. Inhabited travel trailer. Two occupied travel trailer In a R-B). 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: 780B Port Chicago Hwy. Bay Point, CA APN # 098-030-033 Owner: Costas & Theresa Papaloannou YOU ARE HEREBY ORDERED TO I ABATE SAID PUBLIC NUISANCE within ten 10 consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by 1. Remove and dispose of all debris including but not limited to, stored non operational vehicles, stored machinery, scrap metal, and other stored materials, cardboard, garbage, furniture, automotive parts, building materials, and appliances from the property. 2. Remove and dispose of the two occupied travels trailer from the property. Cease the operation of the auto repair business or obtain a land use permit for the auto repair business 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;i be accompanied by an appeal fee of ONE HUNDRED TWENTY FIVE dollars ($125.00); and be submitted to the Clerk of the Board of Supervisors at the following address: CLERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 651 PINE STREET, 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 fisted below. IPdWrIgJ925) CE T September 2, 2003 F 427-8843 BUILDING INSPECTOR I FTW: cje un(form.rev$131M AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA ) I declare that I am' a duly appointed, and qualified employee of the Building Inspection Department of the County of Contra Costa, State of California., that pursuant to Uniform Building Code Section 203 and Uniform Housing Code 1990 Edition, Sections 1101, 1102 and Chapter 1, Subchapter 1, Title 25 of the California Administrative Code: * 1 . I deposited attached document (s) in the United States Post Office in the City of Brentwood, certified mail postage prepaid, return receipt requested, to be persons hereinafter set forth and in the form attached hereto. _ X- 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. Costas & Theresa Papa.ioannou 6520 Longwood Ct. Martinez, CA, 94553 Occupant 780 B Port Chicago Highway Bay Point, CA 94555 I Occupant 780 A Port Chicago Highway Bay Point, CA 94565 SITE. 780 B Port Chicago Highway, Bay Point, CA i APN. 098-030-033 Said notices were mailed/posted on St ,mber 2 . 2003 I declare under penalty of !, perjury that the foregoing is true and correct. Bated: Seeptembar 2- 2QOa at Brentwood, California. FRED GHT BUILD G INSPEC'T'OR