HomeMy WebLinkAboutMINUTES - 11042003 - SD6 TO: BOARD CSt SUPERVISORS Contra
FROM: CARLOS BALTODANO
Costa
CountyDIRECTOR, BUILDING INSPECTION =" ` �
SrA`coiix'�
DATE: November 4, 2003
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
2115 Taylor Read, Bethel Island, CA
APN: 028-060-019
OWNER: James and Susana Watdhaus
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
$8,500.00 if the county does the abatement.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On November 6, 2000, a courtesy letter was sent to the property owner regarding the improper
storage of travel trailers and containers. A Notice To Comply was sent to the property owner on
April 24, 2002. On October 9, 2002, the Building Inspection Department learned that the property
had been sold. The current property owner, Jim Waldus, stated he had given the seller until
January 2003,to clear the parcel. On August 15,2003,a revised Notice To Comply was sent to the
property owner to include the following: junkyard conditions,storage of commercial equipment and
building permits required. An on-site meeting with the property owner on August 26,2003,revealed
that there was also an occupied mobile home on the property without sanitation. The property
owner is in violation of the following County Ordinances:
Title 8, Chapter 88-4.206 (Junkyard Conditions)
Title 7,Chapter 74-3.101 (Permits required)
Title 8, Chapter 82-2.002 (Adoption)
Title 8, Chapter 82-2.006 (Enforcement)
Title 8, Chapter 84-38.402 (Uses permitted in the A-2 district)
Title 8. Chapter 84-68.1404 (Storage of mobile home(s), commercial equipment, travel
trailers, camp cars, vessels, trailers and cargo containers)
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 26, 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 r ► 200 APPROVED AS RECOMMENDED X OTHER X
See attached addendum 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: Pare Christian(925)335-1114
ATTESTED: November 4, 2003
cc: JohnSweeten,Clerk of the Board of Supervisors
apd,County Administrator 4,
BY !' s DEPUTY
CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT
AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HADD DELIVERY
STATE OF CALIFORNIA )
COUN'T'Y 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.
James W. & Susana E. Waldhaus
P.O. Box 380
Oakley, CA 94561
SITE: 211.5 Taylor Rd. Bethel Island, CA
APN: 028-060-019
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
ADDENDUM TO ITEM SD.6
November 4, 2083
The Beard of Supervisors considered the appeal by James and Susana Waldhaus from the
decision of the County Abatement Officer declaring a public nuisance on the property located at
2115 Taylor Road,Bethel Island.
Terry Plys, Building Inspection I,Building Inspection Department presented the staff report and
recommendations.
The chair opened the public hearing and the following person presented testimony:
James Waldhaus, P.O. Box 384, Oakley, Ca
The chair then closed the public hearing. Supervisor Glover moved to approve the staff's
recommendations. The Board took the following action:
o CLOSED the public hearing,
o DENIED the appeal of James and Susana Waldhaus (Owners), from the decision of the
County Abatement Officer declaring a public nuisance on property located at 2.115
Taylor Road, Bethel Island;
o AFFIRMED the determinations of the County Abatement Officer
o DIRECTED the County Abatement Officer to proceed and perfonn the work of
abatement 34 days from the date of the mailing of the decision.
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BOARD OF Si,PER O a� ;, _.> A COSTA COUNTY,
AFF a/1 r1` s A" MAILING
IN THE MATTER OF )
}
James W.&Susan E.Waldhaus }
P.O.Box 380 )
Oakley,Ca 94561 )
RE:2115 Taylor Road )
}
I declare under penalty ofpedury that I ani now, a:rc, i# .res h.ercit:nientioned have been,a citizen of the United
States,over age 18,and that today depos=.ped, wish Co:!;r�,, l oi,,q Central Service for Certified mailing,a
copy of the hearing notices,in the above,ni-rtlmr ;)crs(,,ns as stated below
'.lis��:�•' .., `:i�t>C�a}
I declare under penalty of perjury that the foreuo S !t .._ ec'., Martinez,CA.
Date: October 24,
2003
�• r+. i� r
cziy, DeputyClerk
Postal
RECEIPTCERTIFIED MAIL
.d'f itsMail Only; _
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CiQit":"'t3:'• 98
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!"'.BivSii:'IUB 99 i {'iu'8
,LL'ySG:f:ru "8Uf
jrrnes W. & E. Wa.ldhmis
P.O. hrl 380
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L Oaklcil, Cr 94561 ___._
BOARD OF SUPER > < CONTRA A COSTA COUN'T'Y,
CAS::AF-' NIA
AFFIDAVI' >:: ' MAILING
IN+G
IN THE MATTER OF }
James W.&Susan E.Waldhaus }
P.O.Box 380 }
Oakley,Ca 94561 }
RE:2115 Taylor Road }
}
I declare under penalty of perjury that I ani now, a:,,c �;s mentioned have been,a citizen of the United
States,over age 18;and that today I deposi'eci! rwi�i;Co.; Co;:l :y Central Service for mailing,a copy of the
hearing notices,in the above matter to the follow Mg below
J<inies \\'. ,& `:is;,. .. Wa!d'DaLis
1 declare under penalty of perjury that the fbrcgc;.i; .on-ec:, fartinez,CA.
Date: October 24,2003
. 4 ,
K!4, � enuty Clerk
The Board of Supervisors C..'o ti tra John Sweeten
Clerk of the Hoard
and
County Administration Building o S t a County Administrator
651 Pine street,Rlorn 106 (925)335-1900
Martinez,California 94553-4068 County
Jahn Gioia,District (
Gayle B.Uilkema,District 11
Millie Greenberg,District Ill �7
Mark DeSauinier,District IV
Federal D.Glover, District V
October 24, 2003
James W. &Susana E. Waldhaus
P.O. Box 380
Oakley,Ca 94561
RE: 2115 Taylor Road,Bethel Island
In accordance with Centra Costa County Ordimmcc Code Section 14-6.410(public nuisance), you are
hereby notified that November 4, 2003 tit 9:30 a.w. is the date and time set for the hearing of your
appeal, from the decision of the County Abatement Officer, declaring building without permit(s),
junkyard conditions and storage of equipment exist and are in violations of the CCC Ordinance codes
described on the attached Notice and Order to Alzate elated on September 26, 2003. The.Violations are
on property located at 2115 Taylor Road, Bethel island. The hearing will be held in the Board of
Supervisor's Chambers,Room 107, 651 Pine Strcet, (tlie 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 ;united 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
Bye MW*i
Danielle Kelly,Deputy Clerk
attachment
cc: County Counsel
Building Inspection
File Dist
RECEVED
OCT - '2'2003
OWNER, jgetmes,andus n Waldh us
CLE Re RVI8 R8
CO TRA co87A CO.
NOTICE AND ORDER TO ABATE
C.C.C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that building without permit(s),junkyard conditions and storage of
equipment exist at the property and are in violation of:
1. Junkyard conditions exist at the mentioned site. Adoption of Zoning CCC. Ord. 82-
2.002 Land use Enforcement CCC Ord. 82-2.006 - Uses Permitted In A-2 CCC Ord.
84- 38.402.
2. Improper Land Use. Storage,of commercial Equipment. Adoption of Zoning CCC
Ord. 82-2.002 Land use enforcement. CCC Ord. 82-2.006.
3. Building Permit Required. Adoption of the California Building Code. CCC Ord.74-
1.002-Building Permit Required. CBC106.1.
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: 2115 Taylor Road, Bethel Island, CA
APN#028-0601-019
Owner.lames and Susana Waldhaus
(Owner on last equalized assessment role or as otherwise known)
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within seven M
consecutive calendar days from the issuance of this order. The issuance date is specified
below; You may abate the nuisance by:
1. Remove all Items that constitute a violation of the above junk yard ordinance(s)
Including but not limited to vehicles, debris,trash, equipment,trailers, containers,
vessels and vehicles being accumulated on the above-mentioned site.
2. Cease storage and remove all commercial equipment.
3. Obtain approvals and permit(s)for any structure over 120 square feet and obtain an
approved final Inspection within 90 days. Or remove all structures In violation.
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 lion and may be collected at the same time and in the same manner as ordinary
county takes 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 12 . ; and be submitted to the Clerk of the Board of Supervisors
at the fallowing address.
CLERIC OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
651 PINE STREET, 1"' 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.
ISSUANCE
TE: to ber t10
2 2
r P
BUILDING INS CTOR I
TP;cJd
s,
�x
DATE: October 9, 2003
TO: Carlos Baltodano, Director
Building Inspection Department
Attn: Terry Plys, Building Inspector I
,_, 11_
FROM: Danielle Kelly, Deputy Clerk ; :.";
Clerk of the Board of Supervisor /.Z
SUBJECT: James W. Waldhaus
2115 Taylor Road, Bethel Island
This office is in receipt of a letter to appeal (see attached copy) and a Request For Waiver
of the $125.00 Filing Fee for the above entitled matter, from the decision of the County
Abatement Officer declaring as a public nuisance and in violation of C.C.C. Ordinance
Codes described on the attached Notice and Order to Abate issued September 26, 2003.
The Board of Supervisors has scheduled this appeal for hearing on November 4,2003 at
9:30 a.m. If you determine this is not an acceptable appeal, please let us know before
this hearing date. Prior to this hearing date, we require the following material in our
office no later than October' , 2003
r Thirteen completed packets, (one original and twelve copies, each complete) for the
Board members and the Clerk of the Board;
♦ Also, completed packets equal to the addresses on the required Notice of the Hearing
for our noticing purposes;
And, the names, addresses and zip codes for all relevant parties, including the
Appellant, and if applicable, their attorney.
If we do not receive the material by the aforementioned date, we will be unable to go
forward with the November 4, 2003 hearing date, and will reset the hearing. If you have
any questions or concerns,please contact o-Lir office.
Thank you.
c.c.County Counsel
Building Inspection(Pam Christian)
RECEIVED
jAME$W. WAI,DHAUS
OCT 0 2 }03 P.O.BOX 380
OAKLFY,CALIFORNIA
CONTRA COSTA ca ZIP 94561
PHONE (925) 676--0229
CLERK OB THE BOARD OF SUPERVISORS,
On September 30, 20031 received a letter from Mr. Terry Plys building
Inspector . Mr. Plys had been in contact with me via letters , in person , and
through phone conversations on 4 to 5 occasions . On September 23, 2003
a meeting was held with myself , Mr. Micheal Angela Silva , and Mr. Plys .
This meeting discussed the conditions existing on my property located at
2115 Taylor toad , Bethel Island . Mr. Silva and Mr. Plys explained that they
would proceed with abatement of the property . I showed them a letter
written by a Mr. Dan Stough building inspector 1 on May 30, 2002 stating
that "the hay barn does not appear to be in violation of county zoning
ordinance because of its apparent age . Therefore , this department Is not
requiring that the barn be removed or demolished by the current or by any
subsequent owner ."
Now it appears that the barn and another structure a shed that is 12 feet
3 inches by 12 feet 3 inches are in jeopardy of being abated . I bought this
property in June of 2002 and it was at my request that it be put in writing
that these improvements were okay and not subject to abatement .
I also have gone to the assessors office and found that these
improvements have had taxes paid on them since before 1964 .
My reasons to appeal this abatement are only in reference to the
structures on the property . The other conditions items#1 and#2
on the order to abate are being taken care of by the previous property
owner Mr. Jim Woodard . Mr. Woodard was supposed to have remove
all his belongings by February of this year and because of various reasons
it has taken him longer to achieve the total removal of his belongings .
Sincerely , James W. Waldhaus
,' -
Date .3 aa�P
J
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
4. appellant is unable to proceed without using money
which is necessary for the use of theappellant or
appellantts family to .provide for the common
necessities of life.
(CCC Ord. Code 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.
{ gnature of Appellant)
onb 3 �3
- (date)'`
at-
(City, StAte)
;REE VED
OWNER: James and Susana Waldhaus OCT 21003
ICZEERK BDARD F SU fivi OFIS
COi TRA C TA Co.
NOTICE AND ORDER TO ABATE
C.C.C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that building without permit(s),junkyard conditions and storage of
equipment exist at the property and are in violation of:
1. Junkyard conditions exist at the mentioned site. Adoption of Zoning CCC. Ord. 82-
2.002 Land use Enforcement CCC Ord. 82-2.006 - Uses Permitted in A-2 CCC Ord.
84-38.402.
2. Improper Land Use. Storage of commercial Equipment. Adoption of Zoning CCC
Ord. 82-2.002 Land use enforcement. CCC Ord. 82-2.006.
3. Building Permit Required. Adoption of the California Building Code. CCC Ord. 74-
1.002—Building Permit Required. CBC106.1.
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: 2115 Taylor Road, Bethel Island, CA
APN#028-060-019
Owner James and Susana Waldhaus
(Owner on last equalized assessment role or as otherwise known)
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within #q_ven-ffl
consecutive calendar days from the issuance of this order. The issuance date is specified
below. You may abate the nuisance by:
1. Remove all Items that constitute a violation of the above junk yard ordinance(s)
Including but not limited to vehicles, debris, trash, equipment,trailers, containers,
vessels and vehicles being accumulated on the above-mentioned site.
2. Cease storage and remove all commercial equipment.
3. Obtain approvals and permit(s)for any structure over 120 square feet and obtain an
approved final Inspection within 90 days. Or remove all structures In violation.
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 ($125.00 ; and be submitted to the Clerk of the-Board ofSupervisors
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 listed below.
XISSUA CE E*
71 .- Se m# it T -2W3
erre P me (9204427-8846
BUILDING INS ECTORI
TP:c1e
AFFIDAVIT OF POSTING, SERVICE BY MAIL OR RAS 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, 1.102 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 Knightsen, 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 . T have mailed a copy of the attached documents to the
following persons C/O the County Clerk.
4 . Hand delivered.
James W. & Susana E. Waldhaus
P.O. Box 380
Oakley, CA 94561
SITE: 211.5 Taylor Rd. ,Bethel Island, CA
APN: 028-060-019
Said notices were mailed/posted on ptember 26 . 2 Q3.
T declare under penalty of perjury that the foregoing is true and
correct.
Dated: Sep ember 26, 2003 at Brentwood, California.
oil
TERR LYS
BUIL NG INSPECT R