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HomeMy WebLinkAboutMINUTES - 02242004 - SD6 ..._..... .__...... ......... ..........._.._.........._..... _. . ._. ......._. ......... ......... ....._... .......__._..._._..........._.__.... .......... ....._... .. ....._... ......... Contra FROM: CARLOS BALTODANO, DIRECTOR CostaTO: BOARD OF SUPERVISORS � BUILDING INSPECTION DEPARTMENT County DATE: February 24, 2004 !!� SUBJECT: APPEAL OF ABATEMENT ACTION AT: jjj���•••���;;; Bradford Island Road Bradford Island, Contra Costa County APN: 426-040-008 OWNER: Thomas B. Trost SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: OPEN the hearing on the appeal of the Notice and Order to Abate a public nuisance on the real property located at Bradford Island Road Bradford Island, Contra Costa County. RECEIVE and CONSIDER oral and written testimony and other evidence from the county abatement officer, the property owner, and other persons: and CLOSE the hearing. FIND that the facts set forth below are true. AFFIRM the county abatement officer' s determination in the notice and order to abate by finding that the storage of scrap metal and commercial equipment on the above referenced real property is a public nuisance in violation of Contra Costa County Ordinance Code section 84-38 . 402 . ORDER the property owner to abate the public nuisance by removing the scrap metal and commercial equipment from the property within 30 days of the mailing of the Board' s decision. DIRECT the county abatement officer to remove the scrap metal and commercial equipment from the property, and charge the cost of the work and all administrative costs to the property owner, if the property owner does not comply with the Board' s order to abate the public nuisance. DIRECT the county abatement officer to send the Board' s decision by first class mail to the property owner and to each party appearing at this hearing, and to file the Board' s decision with the Clerk of the Board of Supervisors. FISCAL IMPACT• The cost of removing the scrap metal from the property is estimated to be $6, 000. 00 . If the county abatement officer performs the work of the abatement and the property owner does not pay, the actual cost the work and all administrative costs may be imposed as a lien on the property after notice and a hearing, and may be collected as an assessment against the property. CONTINUED ON ATTACHMENT: / YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Eeib i ary } 2" APPROVED AS RECOMMENDED RX OTHER SPEN(ER.S: TfUM MST, FRUITFUL FARE, P.O. Box 584, Bethel Island VOTE OF SUPERVISORS DEBRA EVANS, P.O. Box 566, Bethel Island. I 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. ATTESTED: February 24, 2004 cc: Building Inspection Department JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY AX)MINISTR�.TOR Page 1 of 2 B DEPUTY BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) Tom Trost ) P.O. Boer 584 ) Bethel Island, CA 94511 ) Ref 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 March 4, 2004, in the above matter to the following: Thomas B. Trost P.O. Box 584 Bethel Island, CA 94511 Thomas Trost 18600 March Creek Road Brentwood, CA 94513 Debra Evans P.O. Box 566 Bethel Island, CA 94511 Contra Costa County on behalf of Sarah Trost C/o Gary T. Yancey, District Attorney 50 Douglas Drive, Ste. 100 Martinez, CA 94553 Contra Costa County Tax Collector P.O. Box 631 Martinez, CA 94553 I declare under penalty of perjury that the foregoing is true and correct. Dated: March 4 . 2004, at Martinez, California h <14 PCD CLERK QUEST TO SPEAR FORM (TSE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakersr rostrum before addressing the Board. Name l ULr�j I En -_-- Phone: Address. ----W- City. f I am speaking for myself or organization: (name of oritation) CHECK ONE: I wish to s Agenda on A ends Item - Date: c e My comments will be: general __X for against I wish to speak on the subject of .�� I do not wish to speak but leave these comments for the Beard to consider: QUEST To 8PLAX Fop M (THREE (3) MINUTE LIMIT) Complete this form ` and lace it in the box near the speakers, rostrum befog addressing the Board. � Name: d "7Y.3 � Phone: r • Address: 49 �/- • City: I a*, speaking for myself or ganfzation: CHLCR ONE: "AMO of Oteenization) I wish - � _� to speak on Agenda Item ._. Date. 5� Y My comments will be: general ,,,00 for against -----._. I wish to speak on the subject of - I do not wish to speak but leave these comments for the Board to consider: I---------------------- PON C0,10PLETE THIS SECTIONON'DETIVERY SENDER., COMPLETETHIS SEC 6 Complete Items 1,2,and S.Also complete A. Signature item 4 if Restricted Delivery is desired. X r'y �-- Z�' 0 11 Print your name and address on the reverse 09ri"— 0 Addressee so that we can return the card to you. B. Received Py(Printed Name) C. Oat of Delivery 8 Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: El No Contra Costa County District Attorney on behalf of Sarah Trost 50 Douglas Drive Ste 100 3. Seryx' e Type Martinez, Ca 94553 -UCeftifted Mail 0 Express Mail 13 Registered C3 Return Receipt for Merchandise El Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) C3 Yes 2. Article Number 7002 1000 0004 9166 1425 (1?an$for from Service law =0312MMUNNUMMIL— PS Form 3811,August 2001 Domestic Return Receipt 1025_ AWNS ----- -------------------------------- SENDER: COMPLETE THIS SECTIOJU • A Complete Items 1,2,and 3.Also complete Signs item 4 if Restricted Delivery is desired. C7 r 9 Print your name and address on the reverse X 0 Addressee so that we can return the card to you. 9 Attach this card to the back of the malipjace, B*� AC-Vej.0e Ornfed lVamo) C. Date of Delivery or on the front if space permits. /Z 1B Signe VV ew D. lstv'eryad I? 1. Article Addressed to: If S,enter a tvf El No Contra Costa County Tax Collector P.O. Box 631 Martinez, Ca 94553 1 Service Type 0 Certified Mail 0 Registered boeo for Merchandise 0 insured mail 11'0-oto' 4. Restricted Delivery?fExtra Fee) 0 Yes 2, Article Number 7002 1000 0004 9166 1418 Mamier from service Jsbe�) PS Form 3811,August 2001 Domestic Return Receipt 102% M-1035 ■ Complete Items 1,2,and 3.Also complete ign Also item 4 If Restricted Delivery is desired. I Agent Print Restricted nt your n7 a n �e an address 0 reverse Print your name and a�ddress on the reverse 4ZV::;�ra- Addressee B. �74 so that we can return the card to you. VW by(Printed N "EA� ta of Delivery in Attach this card to the back of the mallplece, or on the front if space permits. D, Is delivery address different from item 1? 0 Yes I. Article Addressed to: If YES,enter daliveq,address below; 0 No Thomas Trost 18600 Marsh Creek Road Brentwood, Ca 94513 3. Se/ce Type W Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 13 Insured Mail 13 C.Q.D. 4. Restricted Delivery?(Extra Fee) Yes 2. Article Number 7002 1000 0004 9166 1401 (Franafar from em Ps Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF Thomas Trost P.O. Box 584 Bethel Island RE: APN#026-040-008 Re: ABATEMENT APPEAL 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 Certified 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 -------------- -------- i�7ostal-S-ervice ru CERTIFIED MAIL RECEIPT m (Dory;"hr M.94 Only, No Insurance Covea ge Pro ided) Thomas Trost P.O.Box 584 ?thel Island, Ca 94511 . .... .... .... Cr postage 1;S osta County District Attorney i behalf of Sarah Trost GerWi Fee F Postmark C3 Return R I Fee Here lou las Drive,Suite 100 C3 (Endo.. Req 'red)'red) Martinez,Ca 94553 Pest6ctod Dslivsq-Ise C3 (Endorsement required) C3 Costa County Tax Collector -I TotaLP-ontacie&Fees $ P.O.Box 631 ru [79;; Martinez, Ca 94553 o Thomas Trost ----------- ::C3 Thomas Trost P.O. Box 584 500 Marsh Creek Road Bethel Island, ca 945.11 !rentwood, Ca 94513 .. ...................... I declare under penalty of perjury that the foregoing is true and correct. Martinez, CA. Date: February 13, 2004 '7 )A Danielle Kelly, Deputy Clerk BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER.OF ) Thomas Trost } P.O. Box 584 ) Bethel Island ) RE: APN#026-040-008 ) Re: ABATEMENT APPEAL } ) 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: Thomas Trost P.O.Box 584 Bethel Island,Ca 94511 Contra Costa County District Attorney On behalf of Sarah Trost 50 Douglas Drive,Suite 100 Martinez,Ca 94553 Contra Costa County Tax Collector P.O.Box 631 Martinez,Ca 94553 Thomas Troost 18600 Marsh Creek Road Brentwood,Ca 94513 I declare under penalty of perjury that the foregoing is true and correct. Martinez,CA. Date: February 13, 2004 Danielle Kelly, Deputy Clerk Clerk of the Board of Sup visors Contra lohn swrctert '� Cleric of the Board C�os to xuft Ctttttaty Administration Building County Administrator 631 Pine Street,Room 106 County (925)335-1900 Martinez,California 94553-4068 �J John Gioia,District I Gayle B.Uilkema.District it Millie Greenberg,District III Mark DeSaulnier,District IV =+ Federal D.Glover, district V • A February 13,2004 Thomas Trost P.Q. Box 584 Bethel Island,Ca 94511 RE: APN#026-040-008 Bradford Island In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance), you are hereby notified that February 24, 2004 at 10:30 a.m. is the date and time set for the hearing of your appeal, from the decision of the County Abatement Officer,that the above mentioned property has junkyard conditions and illegal storage of commercial equipment and is in violation of Junkyard Conditions exists 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; Improper Land Use. Storage Yard, Storage of Commercial Equipment, Adoption of Zoning CCC Ord. 82-2.002, Land Use Enforcement CCC 82-2.00. The violations are on property located at APN#025-040-008 Bradford Island,Bradford Island. The hearing will be held in the Board of Supervisor's Chambers, Room 107, 551 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 ' Danielle Kelly,Deputy Clerk cc:County Counsel Building Inspection Ftle t.tst NNW DATE: January 26, 2004 TO: Carlos Baltodano, Director Building Inspection Department Attn: Terry Plys, Building Inspector FROM: Danielle Kelly,Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Thomas Trost,Bradford Island APIV #026-040-008 This office is in receipt of the attached letter to appeal and a Request for Waiver of the $125.00 Filing Fee on the above entitled matter, from the decision of the County Abatement Officer declaring as a public nuisance that the property is in violation of the C.C.0 Ordinance Codes listed on the attached Notice and Order to Abate. The Board of Supervisors has scheduled this appeal for hearing on February 24, 2004 at 10.-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 February 9,2004. 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; 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 February 24, 2004 hearing date, and will reset the hearing. If you have any questions or concerns,please contact our office. Thank you. c.c.County Counsel Pam Christian 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 the appellant or appellant's family to provide for the common necessities of life. (CCC Card. 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 undeW penalty of perjury that the foregoing statement, including any accompanying sstatement(s) or document(s) in support of this request, is true and correct. (Signature of Appellant) on ,-fC (mate) at (City, S te) } k i S .. t 3 ...................... ... . Y --� r s , //�'J{/��� J/✓fJy/JJ +p���ry'��, J�r�jyJ.[y//✓/^/'",�''J f _. .. __ .............. .......... ��,�. ..• " mow, ,,' ` ............... .......... .......... .......... .............. ............. .................... ........................ ............. ................ ...................... ........... ................... �--�. , ......... ......... .............._.... ...._ ....................._....._....__........ .._.._... ......... ......... _.............. .. _.. ......... ........................ JAN 13 OWNER: Thomas Trost NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 i t NOTICE IS HEREBY GIVEN that this Dro�rty has junk yard conditions and Illegal storage of commercial egui2ment. 1. Junkyard conditions exists 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 yard. Storage of commercial equipment" Adoption of Zoning CCC Ord. 82-2.002 Land use enforcement. CCC Ord.82-2.00. 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: Bradford Island Road, Bradford Island APN#: 026-040-008 Owner: Thomas Trost,; (Owner on last equalized assessment role or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ten (1 01 consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by: 1. Removing all Items that constitute a violation of the junkyard ordinance(s)Including but not limited to debris, scrap,equipment,trailers, containers,vessels, and vehicles. Or obtain a Land Use Permit. 2. Remove all large cylinder metal objects and any other items from the vacant lot that constitute a storage yard. Or obtain a Land Use Permit. 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 of SupSrvisors at the following address: CLERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 651 PINE STREET, Ir'T 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. ISSUANE DATE: nuary 8.2004 T -z erry vs (925) 7:8844 BUILDING INSPECTOR 1 TRvee W:pereo W/unt.nevd trost 008 AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELI'V'ERY 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: X 1. I deposited attached document{s} in the United States Post Office in the City of Knightsen, certified mail postage prepaid, return receipt requested, to be persons hereinafter set forth and in the farm 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. Thomas Trost 186001 Marsh Creek Road Brentwood, CA 94513 Contra Costa County on behalf of Sarah Trost CIO Gary T. Yancey, District Attorney 50 Douglas Drive, Ste. 100 Martinez, CA 94553 Contra Costa County Tax Collector P.O. Box 631 Martinez, CA 94553 SITE: Bradford Island Road,Oakley,CA APN: 0126-040-008 Said notices were mailed/posted on January 8, 2004 I declare under penalty of perjury that the foregoing is true and correct. Dated.: January 8 . 2004 at Brentwood, California. BUILDING INS? CTOR I TP:vea SENDER: compLuE THIS SEG I A Complete items 1,Z,and S.Also complete 7Received item 4 if Restricted Delivery is desired. � �� 0 Agent ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. by(Printed Nam , nate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. �`'' D. Is delivery address different from item 3? 0 Yes f. Article Addressed to: If YE$,enter delivery address below, 0 No Thomas Trost P.O. Box 584 Bethel l'sland, ca 94511 E l Express Mail ©R' Q Return Receipt for Merchandise RgWC%d De cry?(Extra Fee) 0 Yes 2. Arfid� j0:2 10 66 1432 PS g11S mestic Retarn ttevy 30259502M-30.95: .11111M