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
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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
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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
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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. AFFINITO
6111 KIRKER PASS ROAD
PITTSBURG, CA., 94565
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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.
Thank you.
c.c.County Counsel
Building Inspection
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