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HomeMy WebLinkAboutMINUTES - 01252005 - SD.4 s TO: BOARD OF SUPERVISORS .� � .: � Contra FROM: CARLOS BALTODANO, DIRECTOR -- � Costa BUILDING INSPECTION DEPARTMENT , . -v._ - Cou ty DATE: Jrmiiai-y25, 2005 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 6111 Kirker Pass Road APN: 075-080-01 9 OWNER: Alfred A. Affinito 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 6111 Kirker Pass Road, Pittsburg, CA in Contra Costa County;APN: 075-080-019; 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 f inding that the grading that has taken place at the above referenced real property is a public nuisance and a violation of the Contra Costa County Ordinance Code Sections 716-2.602, 716-2.604, 716-2.606, 716-2.610. ORDER the property owner to abate the public nuisance and grading violation by obtaining a grading permit and restoring the land to its natural state or obtaining a grading permit and bringing the work dondinto compliance within 30 days of the mailing of the Board decision. DIRECT the County Abatement Officer to hire an engineer and contractor(s)to perform the required work, if the property owner does not comply with the Board's order to abate the public nuisance and grading violation(s). 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 Supervisor. FISCAL IMPACT: The cost of the necessary engineering and restoration of the land to its natural state is estimated to be$100,000. 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 costs may be imposed as a lien on the property after notice and a hearing,and maybe 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 ONM�. OTHER � ACCEPTED the std report,in which the Abatement officer states that the matter has been resolved and that there is ND ACTION REQUIRED of the Board. VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT 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 '0 A A A- ��r,57e4jwl000* JOHN SW EN, CL&K OF cc: Building Inspection Department THE D OF SUPERVISORS AN LINTY ADMINISTRATOR B DEPUTY Page 1 of 2 "� r TO: BOARD OF SUPERVIS613S '' •, Contra FROM: CARLOS BALTODANO! DIRECTOR -• � Costa BUILDING INSPECTION DEPARTMENT Cou ty DATE: January 25,, 2005 SUBJECT: APPEAL OF ABATEMENT ACTION AT: APNEa 075-080=01 9 OWNER: Alfred A. Affinito SPECIFIC REQUEST(S) OR RECOMMEDATION(S) & BACKGROUND AND JUSTIFICATION FACTUAL BACKGROUND: The real property located at 6111 Kirker Pass Road,Pittsburg,CA in Contra Costa County;APN:0I5-080-019 is owned by Alfred A. Aff inito. The above-referenced property is located in an A-2 zoning district. Contra Costa County Ordinance Code Section Title 7,.Chapter 716-2.602 Prohibited Action—Work without permit. No person shall perform any work within the scope of this division without first having obtained a permit from the Building Inspection Department pursuant to this division. The property ovVner had several earth cuts and fills made on his property that.requires a permit under the scope of this division. Contra Costa County Ordinance Code Section Title 7, Chapter 716-2.604 Prohibited Action—Grading. No person shall grade, whether or not a permit is required therefore under this division,so that dirt,soil,rock,debris,or other material washed,eroded,or moved from the property by natural or artificial means oh a public road or street. Any such matter deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately,and failure to do so on notice from the County,authorizes the County ito have the matter removed at the expense of the responsible party and/or permit holder. The property owner created vast areas of unprotected bare soil that,during times of rainy weather,will erode and be deposited onto a public road or into the waters of the State. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.606 Prohibited Action—Water obstruction. No person shall obstruct, impede or interfere with the natural flow of stdrm waters,whether unconfined upon the surface of the land,within land depressions or natural drainage ways, within unimpro'.ved channels or watercourses, or within improved ditches, channels or conduits,except for construction operations permittedby the County. The property owner had a natural drainage area that is a tributary of Kirker Creek,filled in so that no runoff can reach the creek. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.610 Prohibited Action—Construction in public rights-of-way. No person shall perform any work or construct any facility(including excavation or embankment,trenching,driveway construction, or drainage facility)within the right-of-way of a public road or street,or within an easement under the jurisdiction of this County, without a permit from the County agency having jurisdiction. The property owner created a private road on his property that intersects a public road without any approvals from any County agencies. The County Abatement Officer made an initial inspection of the above—referenced property on January 12, 2004.The County Abatement Officer observed from the street that extensive grading operations had taken place that included work within the public right-of-way and in a natural drainage course. On February 26,2004 a Stop Work was issued for Gra'ding without a permit. Re-inspection of the property on March 23,2004,showed that more grading had been done and that the property continued to be in violation of Contra Costa County Ordinance Code Section 716-2.602,716-2.604,716-2.606, and 716-2.610. On April 6, 2004 a Notice To Comply was issued for Grading without a permit. The Notice and Order to Abate was served on the property owner and all known to be in possession of the property by certified mail on June 8,2004,and posted the above-referenced property on June 8, 2004. The Property owners filed an appeal of Notice and Order to Abate on June 30,2004.Notice of this appeal hearing was sent to the property owner by first-class mail on August 5,2004. Page 2 of 2 SD.6 11-42-04 Adopted this Order on November 2, 2004 by the following vote: AYES: Supervisors Gioia, Uilkema, Greenberg, DeSaulnier and Glover NOES: None ABSENT: None ABSTAIN: None CONTINUED to January 25, 2005 the hearing on the appeal of Alfred A. Affinito (Owner) from the is '. decision of the County Abatement Officer declaring a public nuisance on property located at 611 1 Kicker Pass Road, Pittsburg. I HEREBY CERTIFY THAT 71-US IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON DATE SHOWN. ATTESTED op el John Sweeten,Clerk of the Board of Supervisors and County Administrator By 0 ----NNW..M-4- ,Deputy *4F TO: BOARD OF SUPERVISORS �� �. Contra FROM: CARLOS BALTODANO DIRECTOR Costa BUILDING INSPECTION DEPARTMENT C-ounty DATE: No'v- eai't3er 2, 200 : SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: , 6111 Kirkelr Pass Road APND 075-080-019 OWNER: Alfred A. Affinito SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & 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 6111 Kirker Pass Road, Pittsburg, CA in Contra Costa County; APN: 075-080-019; 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 grading that has 1 taken place at the above referenced real property is a public nuisance and a violation of the Contra Costa County Ordinance Code Sections 716-2.602, 716-2.604, 716-2.606, 716-2.610. ORDER the property owner to abate the public nuisance and grading violation by obtaining a grading permit and restoring the land to its natural state or obtaining a grading permit and bringing the work done"'into compliance within 30 days of the mailing of the Board decision. DIRECT the County Abatement Officer to hire an engineer and contractor(s)to perform the required work, if the property owner does not comply with the Board's order to abate the public nuisance and grading violation(s). DIRECT the County Abatement Officer to send th9 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 Supervisor. FISCAL IMPACT: The cost of the necessary engineering and restoration of the land to its natural state is estimated to be $1 00,000. If the County Abatement Off icer performs the work of abatement and the property owner does not pay,the actual cost of the work and all administrative costs maybe imposed as a Wn on the property after notice and a hearing,and may be collected as an assessment against the property. CONTINUED ON ATTACHMENT: / YES SIGNATURE: ,gy/L/i,. e'/�/�/�..rer'� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S):- ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT 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 JOHN SWEETEN, CLERK OF cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUT' "r Page 1 of 2 SD.2 09-28-2004 Adopted this Order on September 28,2004 by the following vote: AYES: Supervisors Gioia, Uilkema, Greenberg, DeSaulnier and Glover NOES: None ABSENT: None ABSTAIN: None CONTINUED to October*19, 2004 at 9:30 a.m. 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. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED September 28,2004 Jo Sweeten,Clerk of the Board of Supervisors County Administrator By Deputy TO: BOARD OF SUPERVISORS Contra FROM: CARLOS BALTODAN09 DIRECTOR � Costa BUILDING INSPECTION DEPARTMENT �. .County DATE: oCwr 19 , zoor, SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 6111 Kirker Pass Road APNEa 075-080-01 9 OWNER: Alfred A. Affinito E 0- 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 6111 Kirker Pass Road, Pittsburg, CA in Contra Costa'County; APN: 075-080-019; 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 grading that has taken place at the above referenced real property is a public nuisance and a violation of the Contra Costa"County Ordinance Code Sections 716-2.602, 716-2.604, 716-2.606, 716-2.610. ORDER the property owner to abate the public nuisance and grading violation by obtaining a grading permit and restoring the land to its natural state or obtaining a grading permit and bringing the work dondinto compliance within 30 days of the mailing of the Board decision. DIRECT the County Abatement Officer to hire an engineer and contractor(s)to perform the required work, if the property owner does not comply with the Board's order to abate the public nuisance and grading violation(s). 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 Supervisor. FISCAL IMPACT: The cost of the necessary engineering and restoration of the land to its natural state is estimated to be $100,000. If the County Abatement Off icer performs the work of abatement and the property owner does not pay,the actual cost of 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: LYES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS " HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT 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 JOHN SWEETEN, CLERK OF cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY ,r- Page 1 of 2 TO: BOARD OF SUPERVISORS Contra FROM.. CARLOS BALTODANO, DIRECTOR Costa BUILDING INSPECTION DEPARTMENT County DATE: p19 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: APN: 075-080-019 OWNER: Alfred A. Affinito SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 'FACTUAL BACKGROUND: The real property located at 6111 Kirker Pass Road,Pittsburg,CA in Contra Costa County;APN:075-080-019 is owned by Alfred A. Affinito. The above-referenced property is located in an A-2 zoning district. Contra Costa County Ordinance Code Section Title 7, Chapter 716-2.602 Prohibited Action—Work without permit. No person shall perform any work within the scope of this division without first having obtained a permit from the Building Inspection 10 Department pursuant to this division. The property owner had several earth cuts and fills made on his property that requires a permit under the scope of this division. Contra Costa County Ordinance Code Section Title 7, Chapter 716-2,604 Prohibited Action—Grading. No person shall grade, whether or not a permit is required therefore under this division,so that dirt,soil,rock,debris,or other material washed,eroded,or moved from the property by natural or artificial means on a public road or street. Any such matter deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately,and failure to do so on notice from the County,authorizes the County to have the matter removed at the expense of the responsible party and/or permit holder. The property owner created vast areas of unprotected bare soil that,during times of rainy weather,will erode and be deposited onto a public road or into the waters of the State. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.606 Prohibited Action—Water obstruction. No person shall obstruct, impede or interfere with the natural flow of storm waters,whether unconfined upon the surface of the land,within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits, except for construction operations permitted by the County. The property owner had a natural drainage area that is a tributary of Kirker Creek, filled in so that no runoff can reach the creek. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.610 Prohibited Action—Construction in public rights-of-way. No person shall perform any work or construct any facility(including excavation or embankment,trenching,driveway construction, or drainage facility)within the right-of-way of a public road or street, or within an easement under the jurisdiction of this County, without a permit from the County agency having jurisdiction. The property owner created a private road on his property that intersects a public road without any approvals from any County agencies. The County Abatement Officer made an initial inspection of the above—referenced property on January 12, 2004. The County Abatement Officer observed from the street that extensive grading operations had taken place that included work within the public right-of-way and in a natural drainage course. On February 26, 2004 a Stop Work was issued for Grading without a permit. Re-inspection of the property on March 23,2004,showed that more grading had been'done and that the property continued to be in violation of Contra Costa County Ordinance Code Section 716-2.602, 716-2.6049 716-2.606, and 716-2-610. On April 6, 2004 a Notice To Comply was issued for Grading without a permit. The Notice and Order to Abate was served on the property owner and all known to be in possession of the property by certified mail on June 8, 2004, and posted the above-referenced property on June 8, 2004. The Property owners filed an appeal of Notice and Order to Abate on June 30,2004.Notice of this 'appeal hearing was sent to the property owner by first-class mail on August 5,2004* Page 2 of 2 NOTICE OF APPEAL FROM R ORDER OF ABATEMENT ,uN 3 � 2004 ORS!. TO: The Clerk of the Board of Suervisors p County of Contra Costa 651 Pine Street, 1st Floor Martinez, CA 94553 The undersigned, Alfred A. Afflnito, 2271 Railroad Avenue, Pittsburg, CA 94565 hereby appeals the Order dated June 8, 20U4 and received by me on June 11, 2004. Attached hereto please find my check payable to your order for the sum of One Hundred Twenty-Five Dollars ($125.00),, REASON FOR APPEAL: The order is based upon incorrect assumptions and facts. The first time met and spoke to Mr. Greg Staffelbach was on Friday, April 2, 2004 when 1 drove down my driveway to go to my doctor's office for apre-surgical physical. Mr. Staffelbach told me that he was upset because the tractor operator had not put up any filtering material so that no dirt would possibly go into any drainage system. I called the operator over and in Mr. Staffelbach's presence told him to do anything that was requested. He agreed to do so and I later noticed that a line of black filter material was placed along my fence line on Kirker Pass. looked and found no water or dirt going into any drain but pictures of this condition are available, had surgery at UCSF on the morning of April 9, 2004. I was there for about a week and then confined to bed at my home for about three weeks. Sometime during that period I telephoned Mr. Staffelbach to inquire if everything was done to his satisfaction. He did not respond to my question but rather rudely, went into a tirade and told me to "shut up" and "not to interrupt him". followed his instructions. later tried to speak by telephone to three (3) other persons in his department.. They did not answer their phone. I left a message but received no response. akvwufta� was later told that they had agreed not to talk to me. Ido not know why. On May 28, 2004 I received a copy of the letter dated May 24 which is attached hereto as Exhibit"A�. On June 1, 2004 I mailed my letter response to that letter and requested copies of the Ordinance referred to. This letter is attached as Exhibit"B". have not received any part of the Ordinance which I am accused of violating, nor has anyone from that Department given me the opportunity to discuss and learn the facts upon which Mr. Staffelbach made his unilateral decision. again request that all info ation in the file as well as a copy of the Ordinance be provided to me in advance of any hearing so that 1 may file an additional response,if necessary. ` w N4 June 28, 2004 • Alfred A. Affin T0: BOARD OF SUPERVISORS Contra FROM: CARLOS BALTODAN09 DIRECTOR � Costa BUILDING INSPECTION DEPARTMENT County DATE: August 17, 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 6111 Kirker Pass Road APNom 075-080-01 9 OWNER: Alfred A. Affinito 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 6111 Kirker Pass Road, Pittsburg, CA in Contra Costa County;APN: 075-080-019; 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 grading that has taken place at the above referenced real property is a public nuisance and a violation of the Contra Costa County Ordinance Code Sections 716-2.602,716-2.604, 716-2.606, 716-2.610. ORDER the property owner to abate the public nuisance and grading violation by obtaining a grading permit and restoring the land to its natural state or obtaining a grading permit and bringing the work done into compliance within 30 days of the mailing of the Board decision. DIRECT the County Abatement Officer to hire an engineer and contractor(s)to perform the required work, if the property owner does not comply with the Board's order to abate the public nuisance and grading violation(s). 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 Supervisor. FISCAL IMPACT: The cost of the necessary engineering and restoration of the land to its natural state is estimated to be $100,000. 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 costs may be imposed as a lien on the property atter notice and a hearing,and maybe collected as an assessment against the property. �CONTINUED ON ATTACHMENT: LYES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT 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 JOHN SWEETEN, CLERK OF cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY- DEPUTY Page 1 of 2 TO: BOARD OF SUPERVISORS .' � � � •, Contra FROM: CARLOS BALTODANO, DIRECTOR -• � Costa BUILDING INSPECTION DEPARTMENT County DATE: August 17, 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: APNOa 075-080-01 9 OWNER: Alfred A. Affinito SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION FACTUAL BACKGROUND: The real property located at 6111 Kirker Pass Road,Pittsburg,CA in Contra Costa County;APN:0I5-080-019 is owned by Alfred A. Aff in ito. The above-referenced property is located in an A-2 zoning district. Contra Costa County Ordinance Code Section Title 7, Chapter 716-2.602 Prohibited Action—Work without permit.. No person shall perform any work within the scope of this division without first having obtained a permit from the Building Inspection Department pursuant to this division. The property owner had several earth cuts and fills made on his property that requires a permit under the scope of this division. Contra Costa County Ordinance Code Section Title 7, Chapter 716-2.604 Prohibited Action—Grading. No person shall grade. whether or not a permit is required therefore under this division,so that dirt,soil,rock,debris,or other material washed,eroded,or moved from the property by natural or artificial means on a public road or street. Any such matter deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately,and failure to do so on notice from the County,authorizes the County to have the matter removed at the expense of the responsible party and/or permit holder. The property owner created vast areas of unprotected bare soil that,during times of rainy weather,will erode and be deposited onto a public road or into the waters of the State. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.606 Prohibited Action—Water obstruction. No person shall obstruct, impede or interfere with the natural flow of storm waters,whether unconfined upon the surface of the land,within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits,except for construction operations permitted by the County. The property owner had a natural drainage area that is a tributary of Kirker Creek,filled in so that no runoff can reach the creek. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.610 Prohibited Action—Construction in public rights-of-way. No person shall perform any work or construct any facility(including excavation or embankment,trenching,driveway construction, or drainage facility)within the right-of-way of a public road or street,or within an easement under the jurisdiction of this County, without a permit from the County agency having jurisdiction. The property owner created a private road on his property that intersects a public road without any approvals from any County agencies. The County Abatement Officer made an initial inspection of the above—referenced property on January 12. 2004.The County Abatement Off icer observed from the street that extensive grading operations had taken place that included work within the public right-of-way and in a natural drainage course. On February 26, 2004 a Stop Work was issued for Grading without a permit. Re-inspection of the property on March 23,2004,showed that more grading had been done and that the property continued to be in violation of Contra Costa County Ordinance Code Section 716-2.602, 716-2.604, 716-2.606,and 716-2.610. On April 6,2004 a Notice To Comply was issued for Grading without a permit. The Notice and Order to Abate was served on the property owner and all known to be in possession of the property by certified mail on June 8,2004, and posted the above-referenced property on June 8,2004. The Property owners filed an appeal of Notice and Order to Abate on June 30,2004.Notice of this appeal hearing was sent to the property owner by first-class mail on August 5, 2004. Page 2 of 2 .,. .: r 1 r w• v •:r. :{• v.}•.v:v••.}:•'{r{,L'{{Y{.}R1W!r "nr:Y +xv}}1 rr,{.,v,7Y.•;.v.}:,�rJr:. 'Lv,•':+• ??y::•}y'}x•!:•x•;::. ... . ...... . ..• . ...•..,..,..:••.::V Y : N:•.•Vf. •. ..r::::::V•.v:. r• .• v.. 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DATE: July 26, 2004 TO: Carlos Baltodano, Director BuildingInspection Attn: Greg Staffelbach, Grading Inspector FROM: June McHuen, Deputy Clerk Clerk of the Board of Supervisors Jf' SUBJECT: Appeal by Alfred A. Affinito 2211 Railroad Ave, Pittsburg APN#075-080-019 This office is in receipt of the attached letter to appeal and a check for$125 filingfee on p pp above entitled matter from the decision of the CountyAbatement Officer to issue a the Notice of Violation againstpropertyat 6111 Kirker Pass Road, Pittsburg, forgrading without ape rmit in violation of: Section C.C.C. Ord. 716-2.202 C.C. C. Ord. 716- 4.202 . It The Board of Appeal Su ervisors has scheduled this for hearing on August 17,2004 at p 9:45 a.m. Ifyouacce determine this is not an table appeal,please let us know before p this hearingdate. Prior to this hearingdate,we require the following material in our office no later than August 2, 2004. ♦ Thirteen completed packets, (one original and twelve copies, each complete)for the Board members and the Clerk of the Board; ♦ Also,, completedpackets a ual to the addresses on the required Notice of the Hearingp q for our noticing purposes; ♦ In addition,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 August 17,2004, hearing date, and will reset the hearing. If you have anquestions or concerns, please contact our office. y Thank you. c.c.County Counsel Building Inspection CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY STATE OF CALIFORNIA COUNTY 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. 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: Alfred A. Affinito 2211 Railroad Avenue Pittsburg, CA 94565 Chase Manhattan Bank 1500 North 19th Street Monroe, LA 71201 Alfred A. Affinito 6111 Kirker Pass Road Pittsburg, CA 94565 SITE: 6111 Kirker Pass Road, Pittsburg, CA APN: 075-080-019 Said documents were hand delivered on August 4, 2004 . I declare under penalty of perjury that the foregoing is true and correct. Dated: August 4, 2004, at Martinez, California. PCD C TOM BOARD OF SUPERVISORS Contra FROM: CARLOS BALTODANO, DIRECTOR COSta BUILDING INSPECTION DEPARTMENT DATE: August 17, 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT. �Rp►� 0 SITE: 6111 Kirker Pass Road APN: 075-080-019 6 OWNER. Alfred A. Affinito 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 6111 Kirker Pass Road, Pittsburg, CA in Contra Costa County; APN: 075-080-019; 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 officers determination in the Notice and Order to Abate by finding that the grading that has taken place at the above referenced real property is a public nuisance and a violation of the Contra Costa County Ordinance Code Sections 716-2.602, 716-2-6049 716-2.6069 716-2.610. ORDER the property owner to abate the public nuisance and grading violation by obtaining a grading permit and restoring the land to its natural state or obtaining a grading permit and bringing the work done into compliance within 30 days of the mailing of the Board decision. DIRECT the County Abatement Officer to hire an engineer and contractor(s)to perform the required work, if the property owner does not comply with the Board's order to abate the public nuisance and grading violation(s). 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 Supervisor. FISCAL IMPACT: The cost of the necessary engineering and restoration of the land to its natural state is estimated to be$100,000. 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 costs may be imposed as a lien on the property after notice and a hearing,and maybe collected as an assessment against the property. CONTINUED ON ATTACHMENT: YES SIGNATURE: ,�� �„� j/,/j/���.yr� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT 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 JOHN SWEETEN, CLERK OF cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY TO: BOARD OF SUPERVISORS ,• • •, Contra FROM. CARLOS BALTODANO, DIRECTOR Costa BUILDING INSPECTION DEPARTMENT County DATE: August 17, 2004 SUBJECT: APPEAL OF ABATEMENT ACTION AT: APNE8 075-080-01 9 OWNER: Alfred A. Affinito SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION FACTUAL BACKGROUND: The real property located at 6111 Kirker Pass Road,Pittsburg,CA in Contra Costa County;APN:0I5-080-019 is owned by Alfred A. Aff in ito. The above-referenced property is located in an A-2 zoning district. Contra Costa County Ordinance Code Section Title 7, Chapter 716-2,,602 Prohibited Action—Work without permit. No person shall perform any work within the scope of this division without first having obtained a permit from the Building Inspection Department pursuant to this division. The property owner had several earth cuts and fills made on his property that requires a permit under the scope of this division. Contra Costa County Ordinance Code Section Title 7, Chapter 716-2.604 Prohibited Action—Grading. No person shall grade, whether or not a permit is required therefore under this division,so that dirt,soil,rock,debris,or other material washed,eroded,or moved from the property by natural or artificial means on a public road or street. Any such matter deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately,and failure to do so on notice from the County,authorizes the County to have the matter removed at the expense of the responsible party and/or permit holder. The property owner created vast areas of unprotected bare soil that,during times of rainy weather,will erode and be deposited onto a public road or into the waters of the State. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.606 Prohibited Action—Water obstruction. No person shall obstruct, impede or interfere with the natural flow of storm waters,whether unconfined upon the surface of the land,within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits,except for construction operations permitted by the County. The property owner had a natural drainage area that is a tributary of Kirker Creek,filled in so that no runoff can reach the creek. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.610 Prohibited Action—Construction in public rights-of-way. No person shall perform any work or construct any facility(including excavation or embankment,trenching,driveway construction, or drainage facility)within the right-of-way of a public road or street, or within an easement under the jurisdiction of this County, without a permit from the County agency having jurisdiction. The property owner created a private road on his property that intersects a public road without any approvals from any County agencies. The County Abatement Officer made an initial inspection of the above—referenced property on January 12, 2004,,The County Abatement Officer observed from the street that extensive grading operations had taken place that included work within the public right-of-way and in a natural drainage course. On February 26,2004 a Stop Work was issued for Grading without a permit. Re-inspection of the property on March 23,2004,showed that more grading had been done and that the property continued to be in violation of Contra Costa County Ordinance Code Section 716-2.602, 716-2.604, 716-2.606, and 716-2.610. On April 6, 2004 a Notice To Comply was issued for Grading without apermit. The Notice and Order to Abate was served on the property owner and all known to be in possession of the property by certified mail on June 8,2004,and posted the above-referenced property on June 8,2004. The Property owners filed an appeal of Notice and Order to Abate on June 30,2004.Notice of this appeal hearing was sent to the property owner by first-class mail on August 5,2004. r CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY STATE OF CALIFORNIA ) COUNTY 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 19-6. 4 Uniform Public Nuisances . X 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. 3 . I have mailed a copy of the attached documents to the following persons C/O the County Clerk. 9 . Hand delivered. Alfred A. Affinito 2211 Railroad Avenue Pittsburg, CA 99565 Chase Manhattan Bank USA 1500 N. 19th Street Monroe, LA 71201 Alfred a. Affinito 6111 Kirker Pass Road Pittsburg, CA 94565 SITE: 611 Kirker Pass Rd, Pittsburg, CA APN: 07 5-08 0-019 Said notices were mailed/posted on June 8, 2009 . I declare under penalty of perjury that the foregoing is true and correct. Dated: June 8, 2004, at Martinez, California. T6W��= PCD CLERK T 1 oOn V As OWNER: Name Alfred A.Affinito O NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 NOTICE IS HEREBY GIVEN that a grading violation exists on property located at 6111 Kirker Pass Road, Pittsburg, Contra Costa County; APN 075-080-019. This condition has been on the property since January 12, 2004 and is visible from Kirker Pass Road. This condition is a public nuisance in violation of Contra Costa County Ordinance Code section 716-2.202 (CCC Ord. 716.4.202). YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE. You must abate the nuisance by restoring the land to its natural state within 60 days of the issuance date of this Notice and Order to Abate. The issuance date is specified below. If you do not abate the public nuisance, the County will restore the land to its natural state. The abatement will be 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 Supervisors at the following address: CLERK OF THE BOARD OF SUPERVISORS, COUNTY O-F 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. ISSUANCE DATE: June 8, 2004 Gred Staffellbach" (925) 335-1122 Grading Inspector II GPS:prc s:code-enf/1tem p/uniform.abatement.post!ngresldential Clerk of the Board of Supervisors Contra John Sweeten Clerk of the Board CountyCosta mid Administration Building County Administrator 651 Pine Street,Room 1.06 Count (925)335-1900 Martinez,California 94553-4068 :Zahn Gioia,District I Gayle B.Llilkema,District II ',.• •;,. Millie Greenberg,District III •;' . ;. Mark DeSaulnier,District IV Federal U.Glover, District V August 6,2004 Alfred A.Affinito 2211 Railroad Avenue Pittsburg,CA 94565 Dear Mr.Affmito: In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance),you are hereby notified that Tuesday,August 17,2004 at 9:45 am,is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring grading without a permit in violation of Section C.C.C. Ord. 716-2.202—C.C.C. Ord. 716-4.202, located at 6111 Kirker Pass Road,Pittsburg,CA. 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, John Sweeten,County Administrator and Clerk of the Board B y+ Jane Pe;Ongton,Veputy Clerk Attachment cc: County Counsel Building Inspection File List BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF In the matter of Appeal by Alfred A. Affinito Declaration of Public Nuisance Property located at, 2211 Railroad Ave.,Pittsburg, CA 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, in the above matter to the following: Alfred A Affin ito 2211 Railroad Avenue Pittsburg, CA Chase Manhattan Bank USA 1500 North 19th Street Monroe,LA 71201 Alfred A.Affin ito 6111 Kirker Pass Road Pittsburg, CA 94565 Included in this list was some interoffice mail,which I deposited in transmittals for Central Service staff to distribute. I declare under penalty of perjury that the foregoing is true orrect. Martinez, CA. Date: August 6, 2004 Ar Ch of Clerk e Pennington AL Equipment Request for Board Presentation IS MISS Date of Presentations. August 17. 2004 Type of Presentation: Appeal of Abatement Action SITE: 6111 Kirker Pass Road LOD*bwu� � C/k APN no 075-080-01 9 Owners. Alfred A. Aff minwito Special equipment needed: Overhead Projector X Other Presenter: Grea Staffelbach Contact Phone: 335-1 111 Date. A%Afu 45 2004 s:code-enf/hemp/equipment request for board presentation Clerk of the Board of Supp -Tisors Contra John Sweeten Clerk of the Board Costa a"� County Administration Building County Administrator fig 1 Pine Street,Room 106 (92i)335-19()() County Martinez,California 9455 -4068 ,1ohn Gioia.District 1 L Gayle R.Clilkema,District II Millie Greenberg,District III Mark DeSaulnicr,District IV o Federal U.Glover, District V p,4 COUIi;f't August 6,2004 Alfred A.Affinito 2211 Railroad Avenue Pittsburg,CA 94565 Dear Mr.Affinito: In accordance with Contra Costa County Ordinance Code Section 14-6.4 10(public nuisance),you are hereby notified that Tuesday,August 17,2004 at 9:45 am,is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring grading without a permit in violation of Section C.C.C. Ord. 716-2.202—C.C.C.Ord. 716-4.202, located at 6111 Kirker Pass Road,Pittsburg,CA. 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 14-6.4 10.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� .. Jane PeAnington,Veputy Clerk Attachment cc:County Counsel Building Inspection File List REQUEST FOR WAIVER OF THE $125 FILING FEE Individuals requesting -a waiver of the $125 filing f 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 Hwnan S 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. 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 $12 5 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 stateanent, including any accompanying statement(s) or document(s) in. support of this request, is true and correct. (Signature of Appellant) p on (date) at (City, State) Building Inspect0ionCarlos Bai#odano Department Contra Director of Building Inspection costc� County Administration Building County651 Pine Street,3rd Floor,North Wing Martinez,California 94553-1295 ' 64fi-4108x 1 4(925) FAX (925)646-1219 May 24,2004 Alfred A.Af fimito 2.211 Railroad Ave. Pittsburg,CA 94565 SITE: 6111 Kicker Pass Rd-.-,Pittsburg,CA APN: 075-080-019 REF.* RF04-00494 Dear Property Owner. This letter is to serve as notification that a Notice of Violation has been recorded against the above listed property regarding: Grading without a permit.CCC Ordinance 716-2.202—CCC Ord.716-4.2U2 permit required The Code Enforcement cost shall be charged a minimum charge of$100.U0. Where repeat visits are required before the owner complies,a reinspection fee of$25.(X}per trip shall be assessed. Once compliance regarding the property violations}has been achieved and the cost of the investigation has been.paid,a Notice of Violation Cleared may be released. This must be filed at the County Recorders office,at the property owner's expense. Failure to comply shall cause this office to take one or more of the following actions: Refer to County Counsel/City Attorney for legal action-court appearance. Lssue a Citation-Court appearance,penalties and fines. Notify the Franchise Tax Board(On rental units declared substandard). Obtain abatement order-All costs plus administrative fees billed to owner. Administrative Penalty Procedures—Daily fines for each noted violation For further information,you can contact me at(925)335-1122,Monday through Friday' from 8-:00 to 10:00 a.m. The Building Inspection Department is closes every first,third and fifth Friday of the month. Sincerelv, Greg Staffelbach Grading Inspector II GPS:prc ALFRED A. AFFIIVITO 2211 Railroad Avenue Pittsburg, CA 94565 Telephone: (925) 432-8821 FAX: (925) 432-2542 June 1, 2004 �X11►b1�' Mr. Greg Staffelbach Grading Inspector II Contra Costa County Building Inspection Department 651 Pine Street, 3rd Floor, North Wing Martinez., CA 94553-1295 Re: Site- 6111 Kirker Pass Road APN - 075-080-019 Ref: - RF04-00494 Dear Mr. Staffelbach: Reference is made to your letter of May 24, 2004 which was received by me on Friday, May 28., 2004. I must 5rst register this disagreement with your unilateral find-Ong that I have violated the Ordinance which you refer to. I therefore request the opportunity to object to your findings and action to that person or persons who would give me that hearing. Secondly., I request that you forward copies of the Ordinance to which you refer, including the rights to appeal your action. Third, I have not been able to speak to you in the past by telephone except one time (when you told me to `shut ups. I therefore request that all discussions be by written correspondence. I have not received a'Notice of Violation' so please send one to me. Very truly yours., Alfred A. Affinito ADDENDUM TO ITEM SD.4 August 17, 2004 On this day,the Board of Supervisors opened 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. There were no comments from the public. Greg Staffelbach of the Building Inspection Department noted that Mr.Affinito has agreed to make an effort to come into compliance. Staff asked for a continuance of the Hearing to September 28,2004,at 9:30 a.m. The Board of Supervisors took the following action by a unanimous decision of 4-0,with Supervisor Gioia absent: CONTINUED the Hearing on the appeal of Alfred A.Affinito to September 28, 2004,at 9:30 a.m. y Jane Pennington To: Pamela Christian/BI/CCC@CCC, Greg Staffelbach/BI/CCC@CCC 08/31/2004 01:38 cc: Kathy Sinclair/COB/CCC@CCC PM Subject: correspondence: Affinito abatement We received the attached correspondence today from Chase Manhattan Bank, seeking information about their interest in the 6111 Kirker Pass Road property (Alfred Affinito). Since we don't know why Chase was included in the distribution list for this item,, I'm forwarding it on to you so that your department can respond. Jane s Chase letter received at COB.pdf Affinito leiter gent to Chase.pdf Jane Pennington,Chief Clerk CONTRA COSTA COUNTY CLERK OF THE BOARD OF SUPERVISORS phone. 425.335."108 'fax: 925.335.1913 THE RIGHT RELATIONSHIP IS EVERYTHING." Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus,OH 43219-6009 1:1'VED August 23, 2004 � AUG 3 1_ 2004 OF SUPERVISORS • .'T"PACOSTA CO. Jane Pennington County Administration Building 651 Pine Street, Room 106 Martinez, California 94553-4068 Re: Appeal of Abatement Action at: 6111 Kirker Pass Road APN 075-080-019 Ms. Pennington: Chase Manhattan Mortgage Corporation(CMMC)received the enclosed notice from your office. Based on the information provided, CMMC is unable to identify the loan. Please provide documentation substantiating CMMC's interest in the property. Please mail the requested information to the return address listed above or fax the information to (614)422-5657. If you have questions,please contact me at 1-800-848-9117, extension 2629. I will be available to help you Monday through Friday between 7 a.m. and 4 p.m., Eastern Standard Time. Sincerely, QA W. LeRoy May Senior Code I ati o alyst Enclosure UO 17 2004 5 : 41 PM FR TO 4836 P a 01 Cle rok of the Board of Sty John Sivedeiipervisors Contra ifoN r MIP A21h. I Clak of the Board R E IL Adininf'-�-teatiorl 3�ild� tn-Y osa C;()ailty Administr;wrCOLMqMay*Arect Rot)in 106iin eAUG 2 3 200County Matflnez,Califontia 1�4-553`-4068 John Ginia.District I Gayle R.Vilk-ems"District If Millie Greenberg,,District III 0- P Mark DeSaulnte.r.District [V tq*cdcrul 1).(irlove.r. rNsarict V 1%J%.P%% -war August 6,2004 Alfred A.Affinito 2211 Railroad Avenue Pittsburg,CA 94565 Dear Mr,,f finita: In accordance with Contra Costa County Ordinance Code Section 14-6.41 0(public nuisance),you are hereby notified that Tuesday,August 17,2004 at 9:45 am,is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring grading without a permit in violation of Section C.C.C. Ord-7 16,,2.202—C.C.C.Ord.716-4.202, located at 6111 irker Pass Road,Pittsburg,CA. The hearing will be held in the Board of Supervisor's Chambers,Room 107,65 1 Pine Street,(the Administration Building),Martinez, Cal ifctnia. The hearing will be conducted m' 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 fory our reference. If you challenge this matter in Cowl,you may be limited to raising only those issuesYou or someone else raised at the & public hearing described'in this notice,or in written convspondence delivered to the County at,or prior to,the public hearing. Very truly yours, J6hn Sw6eten dunty Admlmstrator and Clerk of the Board Jane PeAnth gton,Vcputy Ctcrk • Attachment cc:County Counsel Building Inspection S File,List • 08/17/2004 06:08PM ;AUG 17 2004 5:42 PM FR T4 4836 P.02 j4-'1.4V0 142A06 Se,rvicx. 144.008. Deci��ftnBL Writt�a notice shall be Served either: The; boad' dec�isi�n, alter appe"gnt has had.:an F=Qatrs Or oppor=nity to be beado shAu be anal aaa conclusive. (Z) By deposit in the United Sin a scaled (Ord,70-96 1 I, 1970:poor cadet$1207}. eavoiopa, first cess. pastagG Pt'epaid+ addressed to the VMS= �o be not�� at lus Iat known'business or r�iden�x address appe�rit�g in t�public ta�rd�s or in Cbapter 14-6 ' oto midis of the matter which nadcae is given,aad m�7ed nCxtico SbaIl be,deserved when daily ed. ORCII ' (Ord.70-36 j 1,1970:primo node$ I205). Smdons: 14•Z.408 Prof�f��• Arfide 34-6.2.General Proof of d�c=vice of say n�otio�may be mads by the 14-6.Z02 general. c�x'tificste of any o�sxr or Gmployee o�this caw��o�by 14-l��Q4 Nv�nces. the aff davit of sIIy pas�n at kaua8 old, showi�ag servia� c�tfa�ming to this code or oto Article 14�.6�4.'�fn#torm NWc Nubances applicable law.(Ord,74-36$ I(part),1970:prior code -A betemeat Psoc�nre ��. 14r6.402 uEfform prooedtaure- . lion. . 1d-6.406 SMMA",abafiemepti 14-6x408 Scope. 144.410 NubanceJedar&L 1449412Servk'e of t�oticc a�order to abate. Sa�iaQs: 14-6. 14 Appeal PrO°MUT-0 14-4.00Z GeoeraL 14-6.416 Appea!fce--DeterWmstiaa of 14.4.OQ4 Nom MW bY aPP smQas�tl�rsiver Of 14-4.006 Setting of 14-4.00S Demon�L i4-6.418 Hm Prooed�n e. 144L420 Deosion. 1446422 Tim formu�nce14.00Z � Unless Wm speci�llY P� '� myP�n ;4-�.4?.4 station of a�diod. : aggri'evadb3►as sdministrativ��ct�on tatiea by any officex 1"A26 Noocoa�SocL Of this oo�mcy u�r t3�is code may appe�t fmm rho kaon 14-6.428 Report sna notice of bearing to..the board af�supccvisot�..as.pravided m tS�is cl�pter. 14-6.430 He�ir�on report. (std.MiM$i,1970:priOr node f I207)1 146.432 Cost as special assessment and hien. 14.4.404 Notice filed 14-6.434 Notice of went and The pp�m Shan, within th�tty days of the actio=t ababedoexrt Iden. appeaIod ftm4file with the c1ak of the board a verified 24-6A36 1Vtgrmer of collection-T.aw writt�en nOd=of appeal concisely stating the fads of the app�ble. case�qd the S for bis appeI imlu�g his sp�i �i I4-G.438 Release s�nud mbordi�astion. i�tereA ted injury. Ord 70-36 2, I970:prior code§ 14-6.440 Viv1atioas. i2Q7). . Article 14-x6.6.Treble A6nE most for 14-x.046 Setting of beari�--l�otiQe. Repeat Public NWs"c= The clerk of the board shall thea pramptly sit the I4-6,602 Tmble abat+emeJo�t cost fvr repeat : insult foraff at an early mgular board acting,sad public nurisaa2cffi shaI give the appellant at Icast fidays'ys'writt�a notice 14-6.604 �e�p6on. thereof.(Ord.70-36 Lm 1970:prior code§3207)9 5 s 08/17/2004 06:08PM 1 i AUG 17 2004 5:42 PM FR TO 4836 P.03 r . t*tVVtTli i ON 10 ' on VV�11Cb,Or lY1 front of W�11C�1y ft 1I111S8�G� ' IiCA and may be Go�1C4't�Gd at tI�SSC tiu�and in the the prop�nY SamC Gh�uriCc 8s o�d�y��Y are collecc�d. emits,or if die property�s no fronted,upon the PortiaII S IIC�St�D S Sti'C�[, ��wY,�toad,Of SI1bj�Ct to tbC S8�penalties,procedum and sale is of the P'raP�tY . case of deli�4u�7+• most h1mly to give actual notice to the owns and �y person�Cnawa by tb�couaty abxtGaa�nt As. to be m YOU MSX FROM TMS O=ER OF paof ft ty.(ard.88-88 1 2j. but amy so h a�pesl must be fought 14-6.414 APPea1 Ps�o�ur� . prior to#6a�of t1�mbar of days�e�ifi about for leti4p�����F �� �►Y owner or otiiec person in possession of the may to the board wit�in�the numbs'of iu wrstia�s ►�reasons for the a�ypeai;coa�i� propc* � - our n�m�., � iD'� ¢umbo; be days allowed in�e notioG and ot�der to abatis.T6c$ppeat y � � _�d�oll�s shall be subm�'tVLPVft � im writing. ifY tie��S accoMpanicd t?y an aPP� ba submitted to the Cieak of the which the appe�I is tom,t`.a��LbC ASIDC.&�dTe3S Axid Board of Supervisors at dw fiallowiug address' t�epl�on+�cumber of the appeIIbe accam�amtd by the . � Paymmt of an appeal fee aid be Mod witi�the cleric of the Clerk of theBoerd of S�isars hosed.Upon the fiUmg Of$dZWJY ffid Co�odplefiC WWI 8�d CouIIty of Ga�'a Cosa, payment of ftappeal fee or St Of of an applicadoo 2st rloar 651 f1m S=Cti for a feQ waiver purs�t to Sectiau 14-6.416, fi�riber Z,CA 94553 absent 81:ttion shall bt Stayer Ua z F "IS acted espou. The cicrk of baset the matter fooc ��dt 3ne Obt�n S vvs�v�r besting befom the boStd snd nOtfy the PWrdW in wrt�Da out w60 is ICPDY �.� sad of tb�date and 1vcatian�f the being,si less[Leri days Of the ap�pe�t f�ae.Upon tim�iy r�p� mmw � Ymg fie ,or wawa,the Q�rk of Ehe Board paior to said datie.(Ord.88-8$§2). 46 Wm c�Usc tl�maw Co be sit for headug the . �f g���o�y you of the date aa�d 14-6.41 APPSBoard � Dam"Vii-amflon P o� mun-11- Iocation Of tie being. raiver a� The amdu�xt of the appeal fee shall be de�minod If you have any q�ons r�rding this�oatter, p�t�iodic�l�Y by tba bowd based Wit the C� zedby . you may direct them to tip c+oRmty o iss�ng this the 71Mcomity in palationmcossiRhAng spPe�tis PRU�u'sua�costst t�this article. notice 8t thecounty �' F amber Iis�ed below. aha mm macer clerk nclt�of the bmdtsmY oto ISSUANCE DATE: county depart which is involved in ft of appc�ls, but s�al1 o�udo actual costs for ot►y work of abat (NAM9 �� address aid.tdepl�one cumber of the if the appell�txt claims an econa�ic 6ar�ship is pO^yin8 �pl�y abs E o�cu'i8st�ng this notice.)" the appeal f�Cs he at s�naay submit an application fay' (Ord.88-88§2)0 waiver of the appeal pec on LVA provided by tip clerk of ' thebaard fa�thatpmpo,.�.T�fo=sb0beWU=U_1fmmY S 1"412 �ertice off'nam and�r�r sa gb�e. s to those rcgaired of Iidga�ts initi�ng cert 1'be OW-0 o�err to abate sbau be wed in the in�arm� is pRnsua�tta S�tiOt►�8511.3 following of tit Ci�overpmn�nt Cade. Z'he farms sbaIl be execuned (1) BY CQ �e�[O L�O�at A1C tl�a'�DA��0���a�re+�nt�in a�"Cl3i i18S to dA 8 55 SHWA on the LBSt Cg178�1ZC��roll or as11UTbfiZ�lC�+and COI��55 Of the�OCIDB�On CO'�iD� otb�vise knowns and cud �v�uYane known to tie tbereitl.Upon submil#a14f the compiet�d fog.tine appeal Cetmty ebb 0 t� b� xII g0 � of the fee s�ali be vvaived. p�roperty t the stteet address of thprap�erty being abated. Lion filiz►g a timely and complete appeal asd forgood Service shall be de to eve been eompleftd upon the cause shown, the clerk of thG board m$Y giant the . deposit Of�d DiOaCG ai1�OrdCt,'pOStagC p=mpeidv in tha appellant s period of time beyond e,�piretivu of the Ir appeal Ul�i�d$t8#Cs ri]8�1:S� �170d 3A�C�1 t0 GO�lTeIC�SUbIDILlbG WdtYCI'form. (2) By posting,within one day of the date of msi3ia9, In no event shall the addinong fuse exeacd gree work Such nOti�cc�d oidaC to ab�t��onsp�cuoas3y in fron of days- 7 . 08/17/2004 06:08PM • ' V � AUG 17 2004 5:42 PM FR T4 4836 P.04 initi�►tton of the �i addition tD its iights m � d Sp��l r�covexY of its at Y�` Etas s� be lx�d iu a $mss ,tba ccxi�o�j►s�rarer tl�se aitrxna�v�e ri�ci�cerdings.The oombit'aed a=� �� Q_ �pver its cns�by way of civil action�inst the ow= bill.�d sent by xaail to the oar,��Vaid �nPowesbon or c�aa�ol joi�y aY•The bill shall iafo�tht owaGr that faire tc pay the bili �P a►�t}� dAys the date of �Y (�-88-88§�• result in S Iie�upon t�F�'P�Y•(Ords.97-19�2rP 88-88 ME-m- 12;CCada�25845t��?- 1d-d d34 No�€ce 6ft aid ab�tEm�Dx lDes. "A73 RgpqrT and .1 d 6e�ri�g. The co��Y� macer sball record at t�office 1 within fsftrecn days from�dale of the county xeca�dec, aa� dt3iv�rr to the auditor- if ibc biU is nor paid off cts'sball s�nda'� cantrallcr,a cdtifica�e subsally in the foUowlng from: Of mail the t� ►abatement i�� � � �of the board for �t0'I'!CE OFASMSMMqT AND w the bo�ai�d S � ABAT�L� � aTWAim�• the nes aid rcp�'nt shau e, at ���� Au � 0?&Hc Nuisance Abatement) �of�p=cr but � �yinter ���°�'Cmejuding P�u'suant do Code section 25846 and • Haat Iimitr�d�o.l�lders of �cc deeds of asst),the date D which the t of the nu�c� was or&==Code Article 146.4,Contra CO=County ot�de� thG date t1� ab�t�►x�cnt was vo�Pla�+ a abs a pubic nuJ. is�t�x as!1�parcel of Teel p�'opetty n of tb�heal p�op�tiY sa�3��"H=�md the d�.�n'bed below,of wbirh t�nod perso'fl(s)is the deoPossww's �d f iced the txiow- of tho$ba,�A At]�s't tea dors pri+dr to owner of record oz said bearin��the cmc of tbE board shill gee notice,by sbowa gnat as tba Dost tlxrea��d tb�rtbY claims a S � p�o�pe�tY farr this Card Ynail,of said b�ars�g'�an perso��am�ed n°� siai assasm�c $gam °S art, Said notice shall int Jaw i pia *by cc,,,nty �r�ate�mc c�ioer aua span �.R�coRb OWNM(S): .� by �,S p=d LAST ffi�iOWN ADDRESS: pawsts�et or some ot�trt d��� � to2.P�SSE�SQR(�Of�from ta�sb1e idc � of the PwPY aid c�� s *w=). of the su�o�mt of�e pr�P��tom- LAnKNOWNADDROSORD: ABATEMWIT 8$-88�2). 3.DATE�A'T�v1F.NF COMPLMMI:1�0,w�tF�:4.DATE --�- ° 411, 5.PARC.:Itcal pao�PcrtY i��on�a Costa 14 .430 Hesri�g on r�p°rt' the � �:oUntY*Calif°rnia:CozmcY At the ft�cocl far rix=vsa$ aid ��S ' #.-mown" RA- . rcpott,tl�c bond sh�I heap it�d�Y ob]�ons of any of ,o,,,�rs neadedl�, 1 o,��ers yable.to he a nd fvr tl��v�ark Q£abate�ent ......._ [0flW.de=,LFUwUvdae It in the 6.AMOUNT�F ABATEi�EN'T or any o�c pcYso�s wiui mom►havo� � S�N�CAST:Propariy.TU boaxd may add to the p�orposed asse (A&MS t�smut equs�to t6�east oaf ea 8 � �a Costa C:oimty p .TSG board my AWmaloe oderlow m t� as'it Bre deems�essstY, y�atem�nt off' bmd 'may r � wt� I=& �The �o�a.ss-ss�2)v oar and m report shall bc Eded . thz boardand as f led sbsll be fim81 v (0a 14w&436 1Kaaner of cOltedfian -LAW $$-88$Z?• skppGcable. ;4 .432 Coit as�e�ai ��- '�`h��• the �oao� of the assess sbatl bt Tie amour aAd the co�t� a WE of r as ab�dem�nt�tio�d i� c�� �the s$me �snd�t sub3'm thic ac�n see the repo�R � conf�od s�sll cv $ � oo�ty t�xrs are uect�d, p� and sre� Um am the p�alties and the s p�'ocedure and sate in case of asse�sm�nt against such � ' ve a�ses�c�t. �Y �Pt'4vid�d for ordinary cau�ty tants.All property fay the amort of the yse laws applicable to the IM,c;oIlection cnforcemcont of 9 08/17/2004 06:08PM w r :'AUG 17 2004 5:43 PM FR TO 4836 P.05 C• OFSUPERVISORS /7 on ra TO: BOARD 3 Costa FROM: CARLOS BALTODANO,DIRECTOR . BUILDING INSPECTION DEPAR'T'MENT County GATE: August 17,2004 SUBJECTs APP EAL OF ABATEMENT ACTION AT: SITE: 5111 Kirkec Pass Road APN: 075-08"19 OWNER: Alfred X Affinito SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION R ECO M M Q10ATI ONS: OPEN the hearing on the appeal of the Not'we and Order to Abate a public nuisance on the real property located at 0111 Kirker Pass Road,Pittsburg,CA in Contra Costa County,APN:075-080013;RECEIVE and CON81DER 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 grading that has taken place at the above referenced real property is a public nuisance and a violation of the Contra Costa County Ordinance Code Sections 716-2.602,7162.604,716-2.606,716-2.610_ ORDER the property owner to abate the public nuisance and grading violation by obtaining a grading permit and restoring thia land to its natural state or obtaining a grading permit and bringing the work done into compliance within 30 days of the mailing of the Board decision. DIRECT the County Abatement Officer to hire an engineer and contractor(s)to perform the required work,if the property owner does not comply with the Board's order to abate the public nuisance and grading violation(s). DIRECT the County Abatement Offioer 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 Supervisor. FISCAL IMPACT, s The coot of the neoessary engtneering and restoration of the land to its natural state is estimated to be$100,000. If the County Abatement Officer performs the work of abatement and the property owner does not pay,the actual oust of 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: 5:fpWe- 0�Oe_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE t AP PR OVE OTHER SIGNATURE(S): ACTION of BOARD ON APPROVED AS RECOMMENDED OTHER i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT 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 JOHN SWEETEN,CLERK OF cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR [DEPUTY s r 08/17/2004 06:08PM AUG 17 2004 5:43 PM FR TO 4836 P.06 t i. OF SUPERVISORS � •, Contra TO: BOARD Costa FROM: CARLOS BALTODANO,DIRECTOR BUILDING 11VBF�ECTIoN DEPARTMENT County DATE: August 17,2004 SUBJECT: APPEAL of ABATEMENT ACTION AT: AP'N: 07"8"19 r OWNER: Alfred A.Aff i n ito w r t SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION FIa1CTUAL BACK ROUND: s The real property located at 6111 Kirker Pass Road,Pittsburg,CA in Contra Costa County;APN:075-080-019 IS owned by Alfred A.Affinito. The above-re#erenced property is located in an A-2 zoning district. Contra Costa County Ordinance Code Section Two 7,Chapter 716-2.602 Prohibited Action—Work without permit. No person shall perform any work within the scope of this division without first having obtained a permit from the Building Inspection Department pursuant to this division. The property owner had several earth cuts and fills made on his property that requires a permit under the scope of this division. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.604 Prohibited Action--Grading. No person shall grade, whether or not a permit is required therefore under this division,so that dirt,soil,rock,debris,or other material washed,eroded,or moved from the property by natural or artificial means on a public road or street.Any such matter deposited within the right-of-way of a public road or street which may constlttge a nuisance or hazard to public traffic shall be removed immediately,and failure to do so on notice from the County,authorizes the County to have the matter removed at the expense of the responsible party and/or permit holder. The property owner created vast areas of unprotected bare soil that,during times of rainy weather,will erode and be deposited onto a public road or into the waters of the State. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.606 Prohibited Action—Water obstruct1ion. No person shall obstruct,impede or interfere with the natural flow of storm watero,whether unconfined upon the surface of the land,within land depressions or natural drainage ways,within unimproved channels or watercourses,or within improved ditches,channels or conduits,except for construction operations permitted by the County. The property owner had a natural drainage area that is a tributary of Kirker Creek,filled In so that no runoff Qan reach the creek. Contra Costa County Ordinance Code Section Title 7,Chapter 716-2.610 Prohibited Action—Construction in public rights-of-way. No person shall perf9rrn any work or Construct any facility('including excavation or embankment,trenching,driveway construction, or drainage facility)within the right-of-way of a public road or street,or within an easement under the jurisdiction of this County, without a permit from the County agency having jurisdiction. The property owner created a private road on his property that intersects a public road without any approvals from any County agencies. The County Abatement Officer made an initial inspection of the above—referenced property on January 12,2004.The County Abatement Officer observed from the street that extensive grading operations had taken place that included work within the public right-of-way and in a natural drainage course, On February 26,2004 a Stop Work was issued for Grading without a permit. Re-inspection of the property on March 23,2004,showed that more grading had been done and that the property continued to be in violation of Contra Costa County Ordinance Code Section 716-2.602,716-2.604,716-2.606,and 716-2.610. On April 6,2004 a Notice To Comply was issued for Grading without a permit. } The Notico and Order to Abate was served on the property owner and all known to be in possession of the property by certified mail on June 8,2004,and posted the above-referenced property on June 8,2004. The Property owners filed an appeal of Notice and Order to Abate on June 30,2004.Notice of this appeal hearing was sent to the property owner by first-class mail on August 5,2004. s 4 i s Facia 2 of 2 08/17/2004 06:08PM @09TS lasel Alfred A. Affinito 2211 Railroad Avenue Pittsburg, CA., 94565 ALFRED A. AFFINITO 2211 RAILROAD AVENUE PITTSBURG, CA., 94565 Chase Manhatttan Bank USA 1500 North 19'" Street Monroe, LA 71201 CHASE MANHATTTAN BANK USA 1500 NORTH 19TH STREET MONROE, LA 71201 Alfred A. Aff inito 6111 Kirke r Pass Road Pittsburg, CA., 94565 ALFRED A. 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La..A e.h r !''ra:t :Y! .t{ti' 1Y:• Nr• •:7^^G'4'-':'.{tt1. �A.V:•Jr•:Ji X•- }J,lr:4{}:•'}r�`h{'}.,..4 ':4 r.4.Y..�irJ:t.:.M•.Vr }^•r rr .. 4. ._ ... ... .... ._ r.........x............r..........r J�J..:.....v............ 9i':•r'?'r r........r:..r.,...... .. ... r ... _ /. ..Y:fivJ.�rS'rr•:hv:.✓v. v}{{•}:vJrf.^l{ifY^'i:{ti{:i::::.•,•::J.:tv:::::. ............. .. .... X..,r ..}:...... ?..... .•.SS.. .........r....r. .3�. ..............r.{•fr>f•.�:.r.+x�+....._........ ...nF•�.......................,.._.. ,r.................................._... DATE: July 26, 2004 TO** Carlos Baltoda--n-o,, Director Building Inspection Department Attn: Greg Staffelbach, GradingInr,*%ector FROM: June McHuen, Deputy Clerk Clerk of the Board of supervisors SUBJECT: Appeal bAlfred A. Affinito 2211 Railroad Ave,Pittsburg APN#075-080-019 This office is in receipt of the attached letter to appeal and a check for$125 ffee on p pp the above entitled matter, from the decision of the County Abatement Officer to issue a Notice of Violation against property at 6111 Kirker Pass Road, Pittsburg, for grading without a permit in violation of: section C.C.C. Ord. 716-2.202--C.C. C. turd. 716- 4.202 . The Board of supervisors has scheduled this Appeal for hearingAugust 17,2004 at on 9:45 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 August ,2004. 61 'qW1 A ♦ Thirteen completed packets,, (one original and twelve copies,ies, 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 Hearingq for our noticing purposes; ♦ In addition,the names, addresses and zip codes for all relevantparties,includingthe Appellant, and if a licable their attorne . applicable, y If we do not receive the material by the aforementioned date,we will be unable to go forward with the August 17,2004, hearingdate, and will reset the hearing. Ifyou have any questions or concerns,please contact our office. 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