HomeMy WebLinkAboutMINUTES - 11302004 - C39 TO: BOARD OF SUPERVISORS ---s-----L-..oma
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FROM: Silvano B. Marchesi, County CounselCosta
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DATE: November 30, 2004 -,ti;�°
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SUBJECT: Settlement Agreement with Rodney A. Mariani coU
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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the Director of Building Inspection to execute an agreement with
Rodney A. Mariani to settle a complaint for trespass, inverse condemnation, and declaratory relief.
FISCAL IMPACT:
None.
BACKGROUND:
On January 22, 2004, Rodney A. Mariani filed a complaint for declaratory and injunctive relief
against the County (Rodney A. Mariani v. Contra Costa County, et ail., Superior Court Case No. C
04-00104). Mariani alleged that a building inspector trespassed on his property when serving a
notice and order to abate code violations. On August 12, 2004, the Court sustained, without leave
to amend, the County's demurrer to all claims for money damages in this case. However, the Court
ruled that a cause of action for permanent injunctive relief remains. A trial date has been set in this
case.
Given that no claims for money damages remain in the lawsuit and the cost of further legal fees in
going to trial, settlement appears to be the most cost-effective course of action. Staff and the
opposing party have agreed on settlement terms, subject to approval by the Board of Supervisors.
Under the terms of the settlement agreement, the County will file instruments with the County
Recorder that release two notices of violation recorded against Mariani's property. Mariani will file a
request for dismissal of the entire complaint, with prejudice, within 10 days of the County's recording
of the instruments. The County also agrees not to enter Mariani's property unless the County has
obtained his consent or a warrant. The agreement does not limit the County's right to take legal
action in the future to enforce any existing or future code viola 7"ooccurring on ariani's property.
0
CONTINUED ON ATTACHMENT: YES SIGNATUR • 43.
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,--"'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
----------------------- --- ------------------ ------ ----------------------------------------------------------------------------------------------------------------------ACTION OF
BOARD ON APPROVE AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
XX UNANIMOUS(ABSENT NONE ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED NOMSER 30, 2004
CONTACT: Thomas L.Geiger(335-1813) JOHN SWEETEN,CLERK OF THE BOARD OF
CC: Building Inspection Department SUPERVISORS AND COUNTY ADMINISTRATOR
Risk Management
BY ,DEPUTY
H:120041Code EnforcementWariani v.CMsettle board order.wpd