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Home My WebLink AboutMINUTES - 10192004 - SD2 SD92 10-19-04 Adopted this Order on October 19, 2004 by the following vote: AYES: Supervisors Gioia, Uilkema, Greenberg, DeSaulnier NOES: None ABSENT: Supervisor Glover ABSTAIN: None CONTINUED to November 2, 2004 the hearing on the appeal of Alfred A. Affinito (Owner) from the decision of the County Abatement Officer declaring a public nuisance on property located at 6111 Kirker Pass Road, Pittsburg. (District V) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE NUNUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED P John Sweeten,Clerk of the Board of Supervisors and County Administrator Deputy By �.�.... -j'�, , Do TO: BOARD OF SUPERVISORS : �f ^�•.,, Contra FROM: CARLOS BALTODANO, DIRECTOR osta BUILDING INSPECTION DEPARTMENT County cou DATE: October 19, 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: Nichols Road to Fairview Avenue Bay Point, CA APN: 999-886-006 OWNER: Union Pacific Railroad SPECIFIC REQUEST(S) OR RECOMMENDATIONS) Sc 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 Nichols Rd. to Fairview Ave. , Bay Point, CA in Contra Costa County; APN: 999-886-046; the zoning of the property is Heavy Industrial (H-I) . RECEIVE and CONSIDER oral and written testimony and other evidence from the County Abatement officer, the property owners, 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 weeds, trash, debris, rubbish, and garbage, four (4) horse trailers and one (1) travel trailer, vehicle parts, refrigerators and freezers, shopping carts, discarded household equipment, broken and discarded furniture, eight(8) horses and twelve(12) stables on the above-referenced real property is a public nuisance in violation of Contra Costa County ordinance Code section 82-2.006, 84-62.402, 88-4.206 and 720-6.202. ORDER the property owners to abate the public nuisance by removing the, weeds, trash, debris, rubbish, and garbage, four(4) horse trailers and one 1) travel trailer, vehicle parts, refrigerators and freezers, shopping carts, discarded household equipment, broken and discarded furniture, eight(8) horses and twelve(12) stables from the above referenced property within 30 days of the mailing of the Board decision. DIRECT the County Abatement Officer to remove the weeds, trash, debris, rubbish, and garbage, four(4) horse trailers and one(1) travel trailer, vehicle parts, refrigerators and freezers, shopping carts, discarded household equipment, broken and discarded furniture, and twelve(12) stables from the property, and charge the cost of the work and all administrative cost to the property owners, 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 owners and to each party appearing at this hearing, and to file the Board's decision with the Clerk of the Board of Supervisor. CONTINUED ON ATTACHMENT: / � YES SIGNATURE• RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER . VOTE OF SUPERVISORS EREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT AND 'nECOT COPY OF AN ACTION TAKEN AYES: NOES: ANDENTE ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPE SORS ON THE DATE SHOWN. ATTESTED - JOHN SWEETEN, CLERK O cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY Page 1 of 2 w:personal/boardhearings/appeal.union pacific railroad r TO: BOARD OF SUPERVISORS " Contra FROM: CARLOS BALTODANO, DIRECTOR °` e :~ osta BUILDING INSPECTION DEPARTMENTcoves •�-.. - = County dsrq_ DATE: October 19, 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: Nichols Road to Fairview Avenue Bay Point, CA APN: 999-886-006 OWNER: Union Pacific Railroad SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION FISCAL IMPACT: The cost of removing the weeds, trash, debris, rubbish, and garbage, four(4) horse trailers and one(1) travel trailer, vehicle parts, refrigerators and freezers, shopping carts, discarded household equipment, broken and discarded furniture, and twelve(12) stables from the property is estimated to be $20,000.00. If the County Abatement Officer performs the work of abatement and the property owner does not pay, the actual cost of the work and all administrative cost may be imposed as a lien on the property after notice and a hearing, and may be collected as an assessment against the property. FACTUAL BACKGROUND: The real property located at Nichols Rd. to Fairview Ave. , Bay Point, CA in Contra Costa County; APN: 999-886-006 is owned by Union Pacific Railroad. The above-referenced property is located in an H-I zoning district and is a Railroad Corridor. Contra Costa County Ordinance Code section Title 8, Chapter 84-62 .402, Prohibits uses other than those allowed in an H-I zone. Horses and Stables are not allowed. Contra Costa County Ordinance Code section Title 8, Chapter 88-68.1404, Trailers shall be adequately screened from view from public roadway or thoroughfare Contra Costa County Ordinance Code section Title 8, Chapter 88-4.206, scrap metal, or other scrap materials, including salvaged building materials are not allowed on a vacant lot. Contra Costa County Ordinance Code section Title 8, Chapter 720-6.202, REGULATION OF VACANT PROPERTY, substantial amounts of trash, debris, rubbish, and garbage, trailers, vehicle parts, refrigerators and freezers, shopping carts, discarded household equipment, broken and discarded furniture, weeds over eighteen inches in height are not allowed on a vacant lot. Re-inspection of the property on August 16, 2004, showed that the property continued to be in violation of Contra Costa County Ordinance Code section 82-2 .006, 84-62 .402, 88-4.206 and 720-6.202 . The Notice and Order to Abate was served on the property owner(s) and all known to be in possession of the property by certified mail on August 16, 2004, and posted the above- referenced property on August 16, 2004. The lessee filed an appeal of Notice and Order to Abate on September 13, 2004. Notice of this appeal hearing was sent to the property owner by first-class mail on October 1, 2004. Page 2 of 2 w:personal/boardhearings/appeal.union pacific railroad