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Home My WebLink AboutMINUTES - 10122004 - SD2 .:..,_ TO: BOARD OF SUPERVISORS "'� '� _ Contra Costa FROM: CARLOS BALTODANO, DIRECTOR ®, County BUILDING INSPECTION DEPARTMENT t 10 LATE: October 12, 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 3275 Wells Road, Oakley, CA APN: 032-150-003 OWNER: Leda Cavallo 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 3275 Wells Road Oakley, 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 following conditions exist: A. Residential Property Nuisance, Contra Costa County Ordinance '720-2 .006. Adoption of the Uniform House Code. Contra Costa County Ordinance 712--2 .004. Storage of machinery, household equipment, broken or discarded furniture, garbage and trash, metal and wood debris, weeds, vegetation and vegetation cuttings, vessels, trailers, vehicles, vehicle parts, commercial equipment, construction equipment, auto repair equipment and other articles of personal property that are abandoned or left in a state of partial construction or repair for an unreasonable period of time. B. Junkyard conditions. Land use Enforcement Contra Costa County Ordinance 82-2.006, junkyard defined Contra Costa County Ordinance 88-4.206. Uses Permitted in an R-B Zoned District, Contra Costa County Ordinance 84- 52.402 . C. Hazardous and Unsanitary Premises. Adoption of the Uniform House Code. Contra Costa County Ordinance 71.2-2 .004. Uniform Housing Code section 1001.11 weeds, vegetation, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible material and similar material or conditions on the premises that constitutes fire, health and / or safety hazards. Inadequate sanitation Uniform Housing Code 1.001.2, :Lack of running water, lack of operative water closets and lack of electricity. D. Substandard Building. Adoption of Uniform Housing Code. Contra Costa County Ordinance 712-- 2.002 and Contra Costa County Ordinance 712-2.004. Uniform Housing Code 1001.1. Inadequate sanitation due to lack of running water, endangering the health and safety of the occupants and public. E. Occupied Trailer/R.V. Adoption of Zoning Ordinance. Contra Costa County Ordinance 82- 2 .002. Improper land use. Contra Costa County Ordinance 82-2 .006. Inhabited trailer(s) Contra Costa County Ordinance 84-68.1402 . CONTINUED ON ATTACHMENT: I YES SIGNATURE: ~ M � k ?COMMENDATION OF COUNTY ADMINISTRATOR RECOM4ENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) - ACTION O ;.BOARD ON r APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS !y r: y �urr ,.7�N -✓ cam' I HEREBY CERTIFY THAT THIS IS A TRUE 5 UNANIMOUS ABSENT AND CORRECT COPT' OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON TETE DATE SHOWN. ATTESTED JOHN SWEETEN, CLERK OF cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By/'-, DEPUTY w:personal/boardhearings/appeal,cavallo Page 1 of 3 „A TO: BOARD OF SUPERVISORS ...-- Contra FROM: CARLOS BALLTODANO, DIRECTOR "m Costa BUILDING INSPECTION DEPARTMENT ;A..°” County DATE: October 12,2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 3275 Wells Road, Oakley, CA APN: 032-150-003 OWNER: Leda Cavallo SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION F . Electrical 'permits Required. Adoption of the California Electrical Code. Contra Costa County Ordinance 76-12 .202 . Electrical Permits Required. Contra Costa County Ordinance 76-8.202 . Service has been disconnected from the utility company and a generator installed by the occupant without approval(s) and permit. G. Hazardous Electrical wiring Adoption of the Uniform House Code. Contra Costa Cour_ty Ordinance 712-2 .004 Uniform Housing Code 1001.5. Installation of a generator without approval(s) and permit . ORDER the owner to abate the public nuisance by removing the machinery, household equipment, broken or discarded furniture, garbage, trash, metal and wood debris, weeds, vegetation and vegetation cuttings, vessels, trailers, vehicles, vehicle parts, commercial equipment, construction equipment, auto repair equipment debris, garbage, offal, rat harborages, combustible material, similar material and other articles of personal property that are abandoned or left in a state of partial construction or repair for an unreasonable period of time and conditions on the premises that constitutes fire, health and / or safety hazards from the property within 30 days of the mailing of the Board's decision. DIRECT the County Abatement Officer to abate the public nuisance by removing the machinery, household equipment, broken or discarded furniture, garbage trash, metal and wood debris, weeds, vegetation and vegetation cuttings, vessels, trailers, vehicles, vehicle parts, commercial equipment, construction equipment, auto repair equipment, debris, garbage, offal, rat harborages, combustible material, similar material and other articles of personal property, if the owner does not fully remove the violations. 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 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 $8,500.00. 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 administration costs may be imposed as a lien on the property. "ACTUAL BACKGROUND: The real property located at 3275 wells Road Oakley, Contra Costa County APN 032-150-003 is owned by Leda Cavallo. The above-referenced property is located in an R-B zoning district. Contra Costa County Ordinance Code section Title 7, Contra Costa County Ordinance Chapter 720- 2.006 Residential Property Nuisance, prohibits storage of machinery, household equipment, broken or discarded furniture, garbage and trash, metal and wood debris, weeds, vegetation and vegetation cuttings, vessels, trailers, vehicles, vehicle parts, commercial equipment, construction. equipment, auto repair equipment and other articles of personal property that are abandoned or left in a state of partial construction or repair for an unreasonable period of time. Contra Costa County Ordinance Chapter 712-2.004 adopts the Uniform Housing Code. Uniform Housing Code 1001.2 prohibits inadequate sanitation. Uniform Housing Code 1001.11 prohibits unsanitary premises. Contra Costa County Ordinance Chapter 76--8.202 prohibits the use of an electrical generator without approvals and permit. Uniform Housing Code prohibits hazardous electrical wiring. Contra Costa County Ordinance Code section Title 8, Contra Costa County Ordinance Chapter 84-68.1402 prohibits occupied travel trailers. Contra Costa County Ordinance Chapter 84-52 .402 prohibits junkyard conditions. w:personal/boardhearings/appeal.cavallo Page 2 of 3 TO: BOARD OF SUPERVISORS Contra FROM: CARLOS BALTODANO, DIRECTOR Costaµ BUILDING INSPECTION DEPARTMENT rA ax�� l County DATE: October 12,2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 3275 dells Road, Oakley, CA APN: 032 -150-003 OWNER: Leda Cavallo SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION The County Abatement Officer made an initial, inspection of the above referenced property on March 29, 2004. The County Abatement Officer observed storage of machinery, household equipment, broken and discarded furniture, garbage and trash, metal and wood debris, weeds, vegetation and vegetation cuttings, vessels, trailers, vehicles, vehicle parts, commercial equipment, construction equipment, auto repair equipment and other articles of personal property that are abandoned or left in a state of partial construction or repair for an unreasonable period of time in violation of Residential Property Nuisance CCC Ord. 720-2.006 and 84-52 .402 . Re-inspection of the property on August 8, 2004 showed that the violations continued to exist and that there is an occupied Trailer/R.`7. in violation of CCC Ord. 84-68.1402. The Occupant stated that there was no electrical service and admitted that an illegally connected generator is providing electrical service in violation of CCC Ord. 76-1-2 .202, 75-8.202 and Uniform Housing Code 1001.5. The occupant stated that there was no water service due to a non-- operational water pump, which is in violation of the Uniform Housing code 1001.1, 1001.2, 1001.1. and 1001.5. The Notice and Order to Abate was served on the property owner and all persons known to be in possession of the property by certified mail on August 27, 2404, and posted on the above referenced property on August 27, 2004. The occupant filed an appeal of the Notice and. Order to Abate on September 7, 2004. Notice of this appeal hearing was sent to the property owner on October 1, 2004. 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: lf. 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,f; 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. Code Sec. 14-6.416; Gov. Code Sec. 58511.3) 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 Off Asys qtpts4O der to Abate a Public Nuisance dated 1 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. , �tc..x S gnature of� Appellant) _. on A'Q''# ' i J (date) A- nt� (C ty, State) EXHIBIT R ............ ............................................................................................................................................ ........................................... -------- im . ... . ......... 17 ........................... �'� � -c�, .............................................. ....................................... ......................... ......................................................... .......................................................................... ...................................................................................................................................................................................................... ................. Clerk of the Board of Supe.. . gsors Contra John Sweeten Clerk of the Board Costa and County Administration Building County Administrator 651 Pint;Street,Rooth 106 (925)335-1900 Martinez, California 94553-4068Oli11t� .Jahn Gioia,District I ` Gayle B.Llilkerna,District II Millie Greenberg,District III — • Mark DeSaulnier,District IV e' Federal D.{Mover, District V October 1, 2004 Mrs.Leda Cavallo 2304 Ptarmigan Drive,#1 Walnut Creek, CA 94595 Dear Mrs. Cavallo: In accordance with Contra Costa County Ordinance Code Sections: 84-52.402, 82-2.006, 82-2.002, 720-2.006, 720-2.006, 712-2.004, 88-4.206, 84-52.402, 712-2.002, 84-68.1402, 76-12.202 and 76-8.202. Violations include storage of machinery,household equipment,broken or discarded furniture, garbage and trash,metal and wood debris,weeds,vegetation and vegetation cuttings,vessels,trailers, vehicles,vehicle parts,commercial equipment, construction equipment,auto repair equipment and other articles of personal property that are abandoned or left in a state of partial construction or repair for an unreasonable period of time. Installation of a generator and electrical without approval and permit(s),Uniform Housing Code 1001.1, 1001.2, 1001.6 and 1001.11 (public nuisance),you are hereby notified that Tuesday,October 12,2004 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 unsafe and hazardous premises located at 3275 Wells Rd.,Oakley, CA,APN#: 032-150-003. The hearing will be held in the Board of Supervisor's Chambers,Room 107, 651 Pine Street, (the Administration Building),Martinez,California. 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, SENDER' COMPLETE THIS SECT?ON ...........................::.:::::::::::::::: . .............,t l :: >'.:::. .: _.. ... . ...... .......l :.::.::.;:.;;:.;:.;:::.: ->. Jahn Sweeten,County Adrninlstrat .� 1€R$s E3iive .s dsJttl and Clerk of the Board £r :fclur narrJJ. � asset �`�`" �. }.d r kit ws turn e 31a OU v�d r f ,p Baas. ill ��#}y£3a y fi 11� a3d�yt�ra t. E �cyiycOf mai 0 � ,�• Wr�rE..�r43CF' 7 LV!3.12 Y �GESif S i H . t . x 134 f I t13 34�t1)339....... By - :I art I; Afty oi3#r�< 1# e.a3ar c. iiv�t edc3.9as#elo�' C..lav Kathy Sinclair,Deputy Clerk Attachment occupants cc: County Counsel 3275 We1ls RCI. Building Inspection Oakley, CA. 94561 '' $� SII lst�4rari � . rGl4flr33�a34# File Lista ar4u33srs:�r19� .:.<€ 1 es#rrctOd£�t�aar9t#��eej €� € A.l3c>tl3ar 7[ 1 .11€3 131£l4 93 2644 (tensrfressn>3s ... n w u :.R:.... �r�r�, r,� «3xr>€t xn€�tzrt�ica r w cD CD cnt� as " m cn o o CD n ti n , -. to is ' PV LQ 0 � L, s � c d ' N -., w c ru Ln (' g�,^sp Ca tss .... rk rC3 x. < tY xC3x �? ru <: C3 tr c LU .wM.rwrww•�tr awrr�rrrrnwwr € s p: ru �. �* ; ru w tD d tD CL CL Cti tc ,. CJ: 1 CA N ,! }$ti BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF Property Abatement Hearing scheduled for October 12, 2004 to be held in the Contra Costa County Board of Supervisors Chamber, 651 Pine Street, Room 107 at 9:30 am. Notice regarding property located at 3275 Wells Road, Oakley, CA. Property Owner, Leda Cavallo. I declare under penalty ofperjury 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 a copy of the hearing notice in the above matter with the Contra Costa County Central Service for mailing to the following: See Attached List I declare under penalty of perjury that the foregoing is true and correct. Dated: October 1, 2004 {Viz. Kathy Sinclair, Deputy Clerk Glendale Federal Savings occupants Leda Cavallo 3275 Wells Road 2304 Ptarmigan Drive#1 1100 Francis Court Oakley,CA 94561 Walnut Creek, CA 94595 Glendale,CA 91201 3 Er C C5 Y 3 C G A ., :__._..v..»--_-_--..........«..._ »__.... ..»,....._......mom.-.._._..__........._�.....__-.._....w.-»__._v.,...... totatrr, secsias Eea iHera ru se, Car—' v£reet A, "jr." {x lj �orPGBox h eJ { S ° 3` 3 t CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT 4 i AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY j STATE OF CALIFORNIA ) n COUNTY OF CONTRA COSTA ) i 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 . I hand delivered the original Appeal Board Order and 16 copies to the Clerk of the Board regarding the below site address for further handling. The names below should be notified of the hearing: Leda Cavallo 2304 Ptarmigan Drive #1 Walnut Creek, CA 94595 Glendale Federal Savings Bank 1100 Francis Ct. Glendale, CA 91201 Occupants 3275 Wells Rd. Oakley, CA 94561 SITE: 3275 Wells Rd. , Oakley, CA 94561 APN: 032-150-003 Said documents were hand delivered on September 30, 2004 . I declare under penalty of perjury that the foregoing is true and correct . Dated: September 30, 2004, at Martinez, California. CJ ! ` CD CLERK i i