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HomeMy WebLinkAboutMINUTES - 11042003 - SD5 BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: } Swaha Devi } P.O. Box 1603 } Bethel Island, CA } Ret 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 decisions. Board Carder on November 25 , 2003 , in the above matter to the following: Swaha Devi P.O. Box 1603 Bethel. Island, CA 94511 Michael H. Clement Corporation 3500 Wilbur Ave. Antioch, CA 94509 SITE: Bradford Island Rd. , Bradford Island, CA APN: 026-050-017 I declare under penalty of perjury that the foregoing is true and correct. Dated: Noyember 25 . 2003 , at Martinez, California PCD CLERK TO: BOAR© OF SUPERVISORS Contra Costa FROM': CARLOS BALTODANO " - DIRECTOR, BUILDING INSPECTION County [SATE: November 4, 2003 SUBJECT: APPEAL OF ABATEMENT ACTION AT: Bradford Island Road, Bradford Island, CA APN: 426-050-017 OWNER: Swaha Devi 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 $10,000, if the county does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS On July 29,2003,staff received several complaints regarding illegally placed mobile homes located on Bradford Island Road, Bradford Island. On August 5, 2003, a site inspection of the property revealed the following: an illegally placed and occupied mobile home,storage of three double wide mobile office trailers, vehicles, boats, trailers, and a substandard and un-safe dock. All electrical work from the service entrance is without permits and creating unsafe conditions. On September 2, 2003, a Notice to Comply was sent to the property owner. A Notice of Violation was recorded on September 18, 2003. The property owner is in violation of the following County Ordinances: Title 7, Chapter 74-1.002 (Unsafe Building) Title 7, Chapter 76-8.202 (Electrical permit required) Title 7, Chapter 78-3.002 (Plumbing permit required) Title 7. Chapter 74-1.002 (Building Permit Required) Title 8, Chapter 82-2.006 (Junkyard and storage yard) Title 8, Chapter 84-68.1402 (Inhabited trailer) Title 8. Chapter 84-38.402 (Uses permitted) Title 8, Chapter 82-28.414 (Building Permit required) The property owner has been notified of the violations through written correspondence and certified mail. As of this date, compliance has not been gained. On September 29, 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. G' CONTINUED ON ATTACHMENT: SIGNATURE Ittep RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON November 4, 2003 APPROVED AS RECOMMENDED X OTHER X **See attached addendm for Board action** VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT None ) 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: November 4, 2003 cc: JohnSweeten,Clerk of the Board of Supervisors 4!f ounty Admthistrator Xi B sf: X.a t e UTY ADDENDUM TO ITEM SD.5 November 4, 2003 The Beard of Supervisors considered the appeal by Swaha Devi from the decision of the County Abatement Officer declaring a public nuisance at the property located at Bradford Island, APN ##026-050-017. Terry Plys, Building Inspector 1, Building Inspection Department presented the staff report and recommendations. The Chair opened the public hearing and the following persons presented testimony: Swaha Devi, P.U. Box 1603, Bethel Island, Ca The Chair closed the public hearing. Supervisor Glover moved to approve the staff recommendations. The Board took the following action: o CLOSED the public hearing; o DENIED the appeal of Swahi Devi (Owner), from the decision of the County Abatement Officer declaring a public nuisance on specified property located at Bradford Island Road, Bradford Island; o AFFIRMED the determinations of the County Abatement Officer; o DIRECTED the County Abatement Officer to proceed and perform the work of the abatement 30 days from the date of the mailing of the decision. CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HANTS DELIVERY STATE OF CALIFORNIA } COUNTY OF CON'T'RA 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 . 1 posted the attached documents on the structure on the property as herein listed. X 3 . 1 have mailed a copy of the attached documents to the following persons C/O the County Clerk. 4 . Hand delivered. Swaha Devi P.O. Box 1603 Bethel Island, CA 94511 Michael H. Clement Corporation 3500 Wilbur Ave. Antioch, CA 94509 SITE: Bradford Island Rd. , Bradford Island, CA APN: 026 -050-017 Said notices were mailed/posted on October 22 , 2003 . I declare under penalty of perjury that the foregoing is true and correct . Dated: October 22, 2003 , at Martinez, California. PCD CLERK o the Board of Supervisors Contra Costa County RE, Parcel # 050-0-26-017 Bradford Island Road Bradford Island Appeali from Order to Abate November 3, 200-31 Honorable Supervisors. Because, I have limited tirne to speak at the hearing, I hope this will provide yo J with the facts. In November- 2002 l purchased this 25-acre property because of its loca�ion on the Pacific Flyway---- a major bird migration route—and because of its A2 zoning. I have been documenting the many threatened, endam ered �r sensitive species here for abort eight years, I have also been an active vo unteer at tine _,ind say Wildlife Museum for many years. 1 intend to preserve most of the property as wildlife habitat and have an organic agricultural operation. To this er;d, I need farm worker housing. I registered my properly as a farm with the Department. of Agriculture, Natural resources Conse>vation Senvice, when I applied for a gram last year. An NrCS biologist, soils experts and a representative of the U.S. Fish and Wildlife Service visited the property in the spring and expressed interest in wor€c;ng w th me to enhance and preserve native habitat, T HE FIR1 in June, my bur .rned down, and ; lost everything I owned. Tris was an enormous shock and burden. Initially 1 had to move into a teat; to deal with the disaster. I it,nmediately looked for emergency shelter; and a mobile home was donated. I also found three double de units offered at an affordable price and purchased them, intending to use therm as farm worker housing and support buildings. ince notification from� the BiAlding Department that I need permits, I irnrnediately began working on resolving those issues. I have spoken to severai people in the Planning office. They told us we would need a site plan before they would issue permits, and we are In the process of completing that now, Doing further research, I found the farm worker housing provis�ns; which I discussed with the State Dept of Community Development, I was told that the Health and Safety Code, Section 17020 et seq. and Government Code 65589.5 cover this type of housing. The Mate has indicated that it encourages agricultural operations and farm labor housing, and that the county should not make the process burdensome or infeasible. I need farm worker housing because I need help to accomplish the work described. The units are not in "storages' but are intended for use as soon as possible, pending receiving the needed permits from the County. PROGRESS IN CURING I have made considerable and steady progress in complying with the demands of the enforcement officer. For example: . I have cleaned the property of debris from the fire (ste*plht�). • I have been in contact with the Building Inspector (Terry Plys), the Planning Department (Keith Denison and others), the Flood Zone Manager, and the State Department of Community development and Housing (Brad Howard). I have recovered drawings and permits for the septic system, and am trying to recover other documents relative to the property. • I am following the instructions of the Planning Department and will supply all necessary documents. CONCLUSION I arra looking forward to having all outstanding issues resolved. Please join me in creatine a wildlife sanctuary supported by an agricultural operation here on Bradford Island. I request your assistance to get the needed permits to do this important work. Respectfully submitted, �>. { f ?•L Swaha Devi Property Owner COMPLETE ON DELIVERY Am • Complete items 1,2,and 3.Also complete A Signature. item 4 if Restricted Delivery is desired. r 0 Agent ■ Print your name and address on the reverse X =� "' 0 Addressee so that we Can return the card to you. B. Received by(Printed Nam.B} G. Date cf Delivery ■ Attach this card to the back of the mailpiece, or on the front it space permits. G. is ceiivexy adc ss different from item 1? C Yes 1. Article Addressed to: ;f Y ,enter dt livery address below: -0 No 5waha Devi si. P.U. Box 1603 #' ` Bethel Island, Ca 94511 3. Serv,00 Tye Certified Nhail., i 7 Express Mail 0 Registered ® Return Receipt for Merchandise {_ 0 Insured Mail ©C.O.D. 14. Restricted Deiivery?(Extra Fee) 0 Yes r- 2. Article Number 7002 100Q 0004 9166 1579 (transfer from service Jebel) PS Form 3811,August 2001 Domestic Return ReceiptI[---.---. tc2sss•tr•�s•+.oas SENDER: COMPLE'rE THIS-SECTION • ► sCLIVERY db ■ Complete iterns 1,2,and 3.Also complete a s atu item 4 if Restricted Delivery is desired. ©Agent lr Print your name and address on the reverse � D Addressee so that we can return the card to you. B. Receiv b ! REQUEST FOR WAIVER OF THE $125 FILING FEE Individuals requesting a waiver of the $128 filing fee for appealing the decision of the county Abatement officer before the Board of Supervisors Faust 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 Servicer 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. 14-6.416; Gov. Code Sec. 68511.3)- Following acknowledgement 8511..3)-Following' acknowledgement that I have read the conditions noted above and believe i satisfy one or more of the conditions; I am thereforerequesting 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. , < r - -SIAI 14A I� L (SIgnature of appellant) on A) zl103 (91,ate at i ( ty, State) Swaha Devi P.O. Box 1603 Bethel Island, GA 94511 (925) 684-9608 email: swaha@earthlink.net October 3, 2003 TO: Board of Supervisors Contra Costa County RE: REQUEST FOR WAIVER OF FILING FEE On October 1, 2003, 1 wrote to the Clerk of the Board requesting an appeal from an Order to Abate dated September 29, 2003, by Terry Plys. I did not have the waiver form and sent a check for$125 to ensure that my request for appeal was not affected. However, because of my house burning down —which constitutes the basis of the matter at hand -- I am experiencing financial hardship and difficulty in bringing in enough money to cover the basic necessities of life. In October, for example, my income was only$200. On October 29 1 received the waiver form in the mail, which I am now submitting. Therefore, kindly waive my filing fee and return my check for$125 to me. Thank you. Respectfully, Swaha Devi Landowner BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAW.' %`4}M1 '.AILING IN THE MATTER OF } ) Ms. Swaha Devi ) P.O.Box 1603 ) Bethel Island,CA ) } RE:APN#026-050-017 ) I declare under penalty of perjury that I am:,ow, :rxl <<; a l i i�m-cs here i-n mentioned have been,a citizen of the United States,over age 18;and that today I deposited,,vi0i (7,w:1-t: Costa Cotility Central Service for Certified mailing,a copy of the hearing notices,in the above matter to'he it`!i<,wi;lg ,ersoi,s as stated below S :evi - 13eti'.ci is t:ci. J1 , ...-. 94 < 94509 I declare tinder penalty of perjury that the foregoing is -ic correct., Martinez,CA. Date: October 24,2003 ; Xeiiy, Deputy Clerk P- r� i w Cr a Ln 331-1 } i'�3SLiY:f'i6C8:, 68 ; , { t rui Ser' ..-----3 Szoahn Devi P.O. Brix 2603 -- crry� = Bethel Islood, Ca 94511 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA IN THE MATTER OF } ) Ms. Swaha Devi ) P.O.Box 1603 } Bethel Island,CA } ) RE:APN#026-050-017 } I declare under penalty o€perjury that I am tow, ami «i <ill m cs l.ereiii mentioned have been,a citizen of the United States,over age 18;and that today I deposited wit;, C"m=;qty Central Service for mailing,a copy of the hearing notices,in the above matter to the fibllovv m, >c:-se <,s sated below Cvi 945! 1 M:cl;ae 11.C le-:rn: Corporation 3500 ,'il Aven,-te I declare under penalty of perjury that the foregoi.--;-, is ;!,re z:!,,d c,)rl cct.,Martinez,CA. Date: October 24,2003 ILe�Iy. deputy Clerk a The Board of Supervisors CI(.)tit ra John Sweeten Clerk of the Board and County Admin�stration Building -;�)S t`l County Administrator 651 Pirie Street,Room 106 (925)335-1900 Martinez,California 94553-406:8 "()�r�►ty s John Glola,District T �;=_ _.=-.. Gayle T3.Ulikema,District IT Millie Greenberg,District TIT Mark DeSaninier,District Tv Federal D.Glover, District V ,sy;,i•cov�'t't October 24, 2003 Swaha Devi P.O. Box 1603 Bethel Island, Ca 94511 RE: APN#026-050-017 In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance), you are hereby notified that November 4, 2003 tit 9:30 a.m. is the date and time set for the hearing of your appeal, from the decision of the County Abatenncnt Officer, declaring that junkyard conditions and storage of commercial equipment, storage o f'moh i is trailers on a vacant lot exist at the property and are in violations of the codes described on the attached Notice and Order to Abate dated September 29, 2003. The violations are on property located it Bradford Island Road, Bradford Island. 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 witli 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 l i Iiiitcd 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 Bearing. Very truly yours, John Sweeten,County.Administrator and Clerk of the Board 'B - - ` Danielle Felly,Deputy Clerk attachment cc: County Counsel Building Inspection File List OWNER: Swaha W NOTICE AND ORDER TO ABATE C.C.C.ORDINANCE CODE 14.8.410 NOTICE IS HEREBY GIM that sub-stendatd buildings,building without permit(s),Junkyard conditions and storage of commercial equipment,storage of mob#*trailers on a vacant[at exist at the property and are In vlcalatlon oto 1. Wash Building(s). Adoption of the California Building Coda. CCC Ord 74-1.004. California Building Code.CIBC 10:L Several structures and dock are unsafe. 2. Improper Land Use. Adoption of Zoning COO Ord.83-2.M Land use anforooment CCG Ord. SMOOO. 81011 90 of 00mma ectal oquip4ent,office trailers,vehicles,vessels,trailers and rnhwallaneous items on a vacant lot. 3. Oecupled TndkwM.V, Adoption of Zoning Ordinance, CCC Ord.82-8.602 Improper land use. GCC Ord.J!"00 .Inhabited trailer.COCOrd. 8488.1402. 4. Junkyard condition exists at the rraendoned sloe.Adoption of Zoning CCG,Ord.02.2.002- Land use Enforcement CCC OrtL 82-LOb8 -Uses Permitted In h2 CIC Ord.8a-3oAo2 5. Eiactrdcai Permits Required. Adoption of the California glectrical Code. CCC Ord.76-12.202 Electrical Permits Required.CCI;Ord.7848.202 Unsafe electrdemd exist on paroal. 6. Pitambing Permit Required. Adoption of the California Plumbing Code. CCC Org.788.002. Permits Required. A CPC 108.1.1 COO Ord.7B-2.itt81.Urrparrnitted plumbing exists. 7. Building Permit Requinsd. Adoption of the Calitorrais Buldding Cards. CCC Ord.741.002 Building Permit Requinard.CBCIMI. of the CAx*a Costa County Ordinance Code, The violation has been declared a public nuisance by County Abatement officer and must bs absted immediately. The public nuisenoe is on property located at:Bradford Wand Road,Bradford island,Ca. AaPN# 028.050.017 Owners Swaha DGM (Owner on last equalized assessment role or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within j�,consectuive nc calendar days from the lesuae of this order.The Issuance date Is specified be w. You may abate the nuisance by; 1. Remove the dock,any accessory structures,commercial equipment,trailers,vehicles, vassals,office trsilera and any other items stored on the vacant patrcal. 2. Immediately all ooaupadon of lite travel Beefier and parosl. & Remove all debris scrap and storage of any dtwas that constitute junkyard conditions. 4. Remove all est titled hems form the parcel or obtain the necessary approval*and permits and obtain an approved final Inspection with in go days. It you fall 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. That coact of said abatement,5 not paid, may be levied and assessed against the property as a special assessment lien and may be collected at the saama time and In the same manner as ordinary county taxes aro collected,subject to the some penalties,promedurtes and salsas 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;so"the reasons for the appeal;contain your name,address and telephone number,be accompanied by an appeal fee of NNW=T-WTJM FIVE doliers LV2 M;and be submitted to fhe � £i�nv.��arvdsara,aat tits foikaweirsg adtiresa: C 1.ER F TOKE fi ARD Oil-SUPERVIB IRS.CI UNTY OF CONTRA COSTA 861 PINE STREET( 1cr FLOOR,MARTINEZ,CAW= One who Is legally Incfgent 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 smatter to be set for hearing before the Board of Supervisors and notify you of the date and location of the hearing. If you have any questions regarding this matter.you may direct them to the county officer issuing this notice at the address or telephone number listed below. ISSUANCE DATA filigWiloCag,,2W 0 Film AVAM 9U1LjXNG TP:cje 7VAPon•a J? {l lfi�aSiv i-t!lra Ii DATE: October 9, 2003 TO: Carlos Baltodano, Director Building Inspection Department Attn: Terry Plys, Building Inspector I r � FROM: Danielle Kelly, Deputy Clerk Clerk of the Board of Supervisors/ SUBJECT: Swahi Davi Bradford Island Road,Bradford Island This office is in receipt of a letter to appeal (see attached copy) and a check for$125.00 filing fee for the above entitled matter, from the decision of the County Abatement Officer declaring as a public nuisance and in violation of C.C.C. Ordinance Codes described on the attached Notice and Order to Abate issued September 29, 2003. The Board of Supervisors has scheduled this appeal for hearing on November 4,2003 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 October; 2003 r 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 Hearing for our noticing purposes; 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 aforeFnentioned date,we will be unable to go forward with the November 4, 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) AP "1DAVXT of POST , $RRVXCz Sr 114XL OR BMW ="XNZ STATE UP CALIFORNIA ) COUNTY OF CCN TPA COSTA ; I declare that I am a duly appointed, and qualified arvloyee of the Building inspection Department of the County of Contra Costa, Mate of California, that pursuant to Uniform Building code Section 203 and Vniform Housing Code 1990 Edition, "Sections 1101, 1102 and Chapter 1, Suhchapter 1, Title 25 of the California Administrative Code. 1. I deposited attached docment(s) in the t,;nited States 2+ost Office in. Xnightsan, certified mail postage prepaid, return receipt requested, to he persons hereinafter set forth and in the form attached hereto, 2. I posted the attached documents on the structure on the property as herein listed.. 3. 1 have mailed a copy of the attached documents to the following persons CJO the County Clerk. 4. Hand delivered. Swaha Devi P.O. Box 3603 Bethel Island, CA 94511 Ki.chael H. Clement Corporation 3500 Wilbur Ave. Antioch, CA 94509 SITS: Bradford Island :fid., Bradford Island, CA AIM 026-050-01.7 Said notices were mailed/posted on I declare under penalty of perdury that the foregoing is true and correct. Dated: ,Z #f;gMber 29, 2003 at Brentwood, California. BUILDING INSPECTOR RE.CEIVED.�,4... Swaha Devi OCT 0 3 20031 P.O. Box 1603u�Y��� ��c��u:s,#'ERV; Bethel Island, CA 9451 (925) 684-9608 email: swahaearthlink.net October 1, 2003 Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, 14t Floor Martinez, CA 94553 RE: APPEAL FROM ORDER OF ABATEMENT APN 025.050-017 Ref. Notice to Comply RF03-00913 I am hereby appealing the Order to Abate dated September 29, 2003 because I disagree with the accusations. My house burned down this summer, destroying everything I awned, essentially making me homeless, causing me severe emergency conditions and creating financial hardship. I contacted Mr. Plys as soon as I received his Notice to Comply, explained the circumstances and indicated bath my willingness to cooperate and the work already in progress prior to his letter. During my hearing I intend to discuss my specific plans and progress and reasons why this abatement order is unjust. I am attaching my personal check for$125 as required, but I am requesting that this fee be waived due to my recent hardships, in which case I would ask that the check be returned to me. Respectfully submitted Swaha Nevi -y.. a _ u.G.. Ct-+� r _. z.R. �c"r...,' '£ G�ii«...`�'�. ..a' ,� `-�`-�'" .ir4,--�°F%,` :� ��..X'�..,f,<.c�' .--`My",`'�r a�/'*—.,.�.•�'^Y' .�f"' �i✓'•".�' ,'°ww.?:�e t