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HomeMy WebLinkAboutMINUTES - 11142006 - SD.4 Contra TO: BOARD OF 'SUPERVISORS Costa FROM: CARLOS BALTODANO, DIRECTOR BUILDING 'INSPECTION DEPARTMENT sTq'cbuat� County DATE: November 14,2006 S D. SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 1650 1st Street, Richmond, CA APN: 409-060-029 OWNER: Richard Parker Sr. and Richard Parker Jr. TRE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: OPEN the hearing on the appeal of the Notice and Order to abate a substandard structure on the real property located at 1650 1st Street, Richmond CA in Contra Costa County; APN:409- 060-029 ; RECEIVE and CONSIDER oral and written testimony and other evidence from the county abatement officer, the property owners, and other persons; and CLOSE the hearing. FIND that the facts set forth below are true. AFFIRM the county abatement officer's determination in the Notice and Order to Abate by finding that the structure is unsafe and hazardous , and the above-referenced real property is a public nuisance in violation of Contra Costa County Ordinance Code section 712-4.014,and State of California Health and Safety Code Sections 17920.3 and 17922 . ORDER the property owners to abate the public nuisance by removing the unsafe and hazardous structure from the property within 30 days of the mailing of the Board's decision. DIRECT the county .abatement officer to remove the unsafe and hazardous structure from the property, and charge the cost of the work and all administrative costs to the property owners, if the property owners do not comply with the Board's order to abate the public nuisance. DIRECT the county abatement officer to send the Board's decision by first class mail to the property owners and to each party appearing at this hearing, and to file the Board's decision with the Clerk of the Board of Supervisor. FISCAL IMPACT: The Cost of the removing the unsafe and hazardous structure from the property is estimated to be $12, 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 cost may be imposed as a lien on the property after notice and a hearing, and may be collected as an assessment against the property. CONTINUED ON ATTACHMENT: / YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROW ePTHER SIGNATURE(S) ACTION O BO ON _r APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS -�f I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT J-”' 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. QC[CLCr �c AT TE S TED h, • 14 9_X6 . JOHN CULLEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR t BY ; , DEPUTY cc: Building Inspection Department Page 1 of 2 Appeal of Abatement Action at: 1650 1St Street, Richmond, CA November 14,2006 Page Two FACTUAL BACKGROUND: The real property located at 1650 1St Street, Richmond, CA in Contra Costa County; APN: 409- 060-029 is owned by Richard Parker Sr. and Richard Parker Jr. TRE The above-referenced property is located in a P1 zoning district Contra Costa County Ordinance Code section 712-4.014 giving County Building Department enforcement authority of State of California Health and Safety code section 17920.3,which declares any dwelling unit that endangers life, health, safety or welfare of the public or occupants thereof is a substandard building. The county abatement officer made an initial inspection of the above-referenced property on March 28,2006. The county abatement officer observed damage to walls and roof causing roof and ceiling members to sag, split or buckle. Re-inspection of the property on September 26,2006, showed that the property continued to be in violation of California Health and Safety code section 17920.3. The Notice and Order to Abate was served on the property owners and all known to be in possession of the property by certified mail on September 26,2006, and posted the above- referenced property on September 26,2006. The Property owners filed an appeal of Notice and Order to Abate on October 6,2006. Notice of this appeal hearing was sent to the property owners by the Clerk of the Board - see Clerk of the Board's mailing confirmation. Page 2 of 2 ADDENDUM TO ITEM SDA November 14, 2006 On this day the Board considered closing the public hearing on the appeal of the notice and order to abate a public nuisance on the real property located at 1650 1St Street, Richmond area and staff recommendation to proceed with abatement at the property owner's expense. Vincent Caballero, Building Inspector, presented the staff report including photographs of the premises. Mr. Richard Parker, Jr., one of the property owners, asked the Board for ample time to obtain proper permits and hire subcontractors. Supervisor Gioia clarified that the original service was on September 26, 2006. He suggested allowing 60, rather than the proposed 30 days to allow extra time for the property owners. If not completed in 60 days the County would go forward and abate the property at the family's expense. Mr. Caballero recommended that the property owners obtain a"board up"permit to keep anyone from living on the premises. Chair Gioia concurred. Carlos Baltodano, Building Inspector Director, said he would meet with Mr. Parker on the matter. He requested clarification that it was the Board's direction that the property owners should obtain a permit to demolish within 60 days and that the rebuild would be - separate issue. By unanimous vote with, District IV absent, the Board of Supervisors took the following action: CLOSED the public hearing and GRANTED the property owner 60 days from November 16, 2006 to obtain permits to,board up and demolish the property. REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place n the box near the speakers' rostrum re adlOrepsi he d Name: Phon Address: City: (Address atid phone number are optional,-please note that this card will become a public record kept on file with the Clerk of the Board in association with this meeting) I am speaking for myself or organization: FA4fl-4-Y CHECK ONE: I ❑ 1 wish to speak on Agenda Item # Date: 1111W2-QX— My comments will be: E] General F] For EJ Against ❑ I wish to speak on the subject of: 7- F1 I do not wish to speak but would like to leave these comments for the Board to consider: Please see reverse for instructions and important J17formation Photo' s Presented to Board of Supervisors November 14 2006 SDA 1'! A, sw ti,. 1 E' ASzxf�i "}a�'' 1A o ,,ix, t CJ1 -If I. 'I 1-7 ^— �r —�4 �a x^sur � a ! �J . p E CD CD �o E�l `_"' . ._ �( +""�� ��-•- �'=—,,.._.. ; ! _..�m �;-Vis.__... ��'� . r f r J E t A. e � \ F f T q v x y i 7�1 f �` - of •9' � s 'r '.#jai �• � � . j� � av •. a 17 {{ cn v r^ n > l -\ Clerk of the Board of Supervisors Contra John Cullen Clerk of the Board Costa and County AOrninistration Building County Administrator 651 Pine Street,Room 106 (925)335-1900 Martinez,California 94553-4068 County 8 ...L .John Gioia,District I �`�' -•;.� Gayle R.IJilkema,District If _ Mary N.Piepho,District III Mark DeSaulnier,District IV Federal D.Glover, District V —r- srA• November 2, 2006 Richard Parker Sr. and Richard Parker Jr. TRE 431 New Castle Court Vallejo, CA 94591 st RE: Abated Property: 16501 Street,Richmond,CA Dear Mr.Parker, Sr. &Jr.: In accordance with Contra Costa County Ordinance Code 14-6.4 (Uniform Public Nuisance Abatement Procedure),you are hereby notified that Tuesday,November 14,2006 at 9:30 am,is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above-mentioned property is a public nuisance in violation of the following ordinance code section(s): 712-4.014 and State of California Health and Safety Code Sections 17920.3 and 17922. The hearing will be held in the McBrien Administration Building, (corner of Pirie and Escobar Streets)Board of Supervisor's Chambers, Room 107, 651 Pine Street,Martinez, California. The hearing will be conducted in accordance with procedures set forth in Contra Costa Colznty Ordinance Code Section 14-6.4. 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 Cullen,County Admir.isffator and Clerk of the Board By r1'{,cLU_L Katherine Sinclair,Deputy Clerk Attachment cc: County Counsel Building Inspection BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: Abatement Appeal Hearing, 1650 1St Street, Richmond, 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 Certified Mail with Contra Costa County Central Service for mailing by the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled matter to the following: Richard L. Parker, Sr., Tre 431 New Castle Court Vallejo, CA 94591 Daphne Muldrow 431 New Castle Court Vallejo, CA 94591 Ruby L. Parker 431 New Castle Court Vallejo, CA 94591 Richard L. Parker, Jr., Tre 431 New Castle Court Vallejo, CA 94591 Sharon Parker ' 431 New Castle Court Vallejo, CA 94591 Latisha Parker 431 New Castle Court Vallejo, CA 94591 I declare under penalty of perjury that the foregoing is true and correct, at:Martinez, California. Dated: November 2, 2006 K=,- Katherine Sinclair,Deputy Clerk CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR RAND 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 19 copies to the Clerk of the Board regarding the below site address for further handling. The names below should be notified of the hearing: Richard L. Parker Sr. , Tre Richard L. Parker Jr. , Tre 431 New Castle Ct . 431 New Castle Ct . Vallejo, CA 94591 Vallejo, CA 94591 Daphne Muldrow Sharon Parker 431 New Castle Ct . 431 New Castle Ct . Vallejo, CA 94591 Vallejo, CA 94591 Ruby L. Parker Latisha Parker 431 New Castle Ct . 431 New Castle Ct . Vallejo, CA 94591 Vallejo, CA 94591 SITE: 1650 - 1St St . , Richmond, CA APN: 409-060-029 Said documents were hand delivered on October 12 , 2006 . I declare under penalty of perjury that the foregoing is true and correct . Dated: October 12 , 2006 , at Martinez, California. w PCD CLERK ti. 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 . X 1 . I deposited attached document (s)Notice And Order To Abate in the United States Post Office in the City of Martinez, CA, certified mail postage prepaid, return receipt requested, to the persons thereinafter set forth and in the form attached hereto. X 2 . I posted the attached document (s)Notice And Order To Abate, 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. • 4 . Hand delivered. Richard L. Parker Sr. , Tre Richard L. Parker Jr. , Tre 431 New Castle Ct . 431 New Castle Ct . Vallejo, CA 94591 Vallejo, CA 94591 Daphne Muldrow Sharon Parker 431 New Castle Ct . 431 New Castle Ct. Vallejo, CA 94591 Vallejo, CA 94591 Ruby L. Parker Latisha Parker 431 New Castle Ct . 431 New Castle Ct . Vallejo, CA 94591 Vallejo, CA 94591 SITE: 1650 - 1St St. , Richmond, CA APN: 409-060-029 Said notices were mailed/posted on September 26, 2006 . I declare under penalty of perjury that the foregoing is true and correct . • Dated: September 26, 2006 at Martinez, California. PCD CLERK - Robin Turner zz/ Posted by: Vincent Caballero % �f1 YV`ice f- tto � 1,00 OWNER: Richard Parker Sr. and Richard Parker Jr. NOTICE AND ORDER TO ABATE SEP 2 7 2006 BARD 0 C.C.C. ORDINANCE CODE 14-6.410 CLER CONTRA COSTACOVISORS NOTICE IS HEREBY GIVEN that the property located at 1650 1St Street, Richmond, Contra Costa County, APN# 409-060-029 is a substandard • structure and general dilapidation and improper maintenance has rendered the below listed structure unsafe and hazardous. This condition is a violation of Contra Costa County Ordinance Code section 712-4.014 And State of California Health and Safety Code Sections 17920.3 and 17922. YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE. You must abate the nuisance by removing the substandard structure from the property within 10 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 remove the substandard structure from the property. 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 OF 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: September 26, 2006 Vincent P. Caballero (925) 335-1113 Building Inspector • VPC:rmt My Documents: postings/parker.abate October 06, 2006 RELIEVED Clerk of the Board of Supervisors OCT 0 6 2006 County of Contra Costa 651 Pine Street, 1 st Floor CLERK BOARD OF SUPERVISORS Martinez, CA 94553 CONTRA COSTA CO. Subject:Appeal of Order of Abatement Property at 1650 1 st Street Richmond, California (APN# 409-060-029 This letter is in response to September 26, 2006, abatement and removal of above said property. We just received your notice in which we appeal the time frame given to comply with your order. We would ask that you give us a ninety day period in which we will comply with your order. Due to serious illness in our family we will not be able to comply with your time frame of 10 days. We will aquire the the proper permits threi*owner contractor. We will also be looking into a proposed building project for this parcel as well , in which we will submit to the Contra Costa Building Division. I hope this will be granted to us at this time. We will remove structure within the ninety day period. Thanks for your serious consideration in this matter. Sincerely, /ZVI Mr. Richard Lee Parker Jr. 431 Newcastle Court Vallejo, California 94591-7025 (707)642-1300 or(415)260-2076 October 06, 2006 HV Clerk of the Board of Supervisors EXT .0 6 7006 County of Contra Costa 651 Pine Street, 1st Floor. CLERK BOARD OF SUPERVISORS Martinez, CA 94553 CONTRA COSTA CO. Subject: Appeal of Order of Abatement Property at 1650 1st Street Richmond, California (APN# 409-060-029 This letter is in response to September 26, 2006, abatement and removal of above said property. We just received your notice in which we appeal the time frame given to comply with your order. We would ask that you give us a ninety day period in which we will comply with your order. Due to serious illness in our family we will not be able to comply with your time frame of 10 days. We will aquire the the proper permits threlobwner contractor. We will also be looking into a proposed building project for this parcel as well , in which we will submit to the Contra Costa Building Division. I hope this will be granted to us.at this time. We will remove structure within the ninety day period. Thanks for your serious consideration in this matter. Sincerely, Mr. Richard Lee Parker Jr. 431 Newcastle Court Vallejo, California 94591-7025 (707)642-1300 or(415)260-2076 4-1 2 RICHARD L `PARKER, SR so aa�s2s s 1310 . 465 YUBA AVE 3AN PABLO CA: 94806-4027 t e f ilk ORDER OF V DOLLARS 261 �D wi hengton Mtatu I Washington Mutual Bank;y1.11,71111-"" r : $ ¢ `Richmond Fnancial Center TPT 12121 San Pahlo Menua r S 900-796-7000 ' ..Richmond CA 94805 24 haia Customer Senlro . y - j, & r a : 32227L627�: �94x2262'336i�' 'irq NOTES R E C E I PT .' d i I k .,(, DATE NO RECEIVED FROM i ,. I I ; 'l r ADDRESS f <a i-1-1Y)", Y FOR i'a :,.,ACCOUNT . HOW,PAID, . AMT.OF — CASH "ACCOUNT, FAIT. CHECK I LANCE. MONEY BA ,:DUE ORDER;:;: ©2001 RFDIFORM® 8L808 . CAO Budget Division Approval: CAO Admin Approval: Analyst Supv. R , t�&rI PC,t��.►.. CONTRA COSTA COUNTY BOARD OF SUPERVISORS AGENDA ITEM REQUEST Agenda Date Requested: 11/14/06 (Do Not Use This Form For Hearings) Submitting Department: Building Inspection Contact Person: Pam Christian Phone: 335-1114 Proposed Agenda Language: HEARING on the appeal of the Notice and Order to abate a public nuisance on the real property located at 1650 1st Street, Richmond, CA (Richard L. Parker Sr. and Richard L. Parker Jr. TRE, Owners), (Vincent Caballero, Building Inspection Department, District 1). Item Affects All Supervisorial Districts OR District I, II, III, IV, V Item Submitted for: Consent Agenda: No discussion, no speakers, no opposition Category: (Select from dropdown list.) Presentation: Five minutes,people present to speak or receive Short Discussion: Less than five minutes Deliberation: Longer than five minutes. Time est: min. Person presenting the Presentation, Short Discussion, or Deliberation Item at the Board meeting: Name: Vincent Caballero Phone: 335-1113 Visual Presentation: if any,please indicate input source and any special instructions for the Board Clerk: Input Source: (Select from the dropdown list.) Special Instructions: Copies required for meeting packets: ♦ Consent Agenda: Original and I copy, unless the item is 50 pages or more (single sided) or has oversized or color pages, then 12 copies are needed* ♦ Short Discussion: Original and 13 copies* ♦ Deliberation: Original and 13 copies* *If your department needs any executed copies of contracts or agreements returned to your department, you must submit those copies in addition to the Board's minimum number. Form Rev 3/6/06 JE UNITED STATES POSg RJ + �Y► t` � ,SE C ... , -1 ]p®.Y► it's • Sender: Please print your name, address, and ZIP+4 in this box • m 20, CD Board of Supervisors o Contra Costa County 651 dine Street, Roam 106 -Martinez, CA 94553-1293 0�i cczn-1 r� UNITED STATES.POSTAL SERVICESAN.-30r3E CA�951 4 W Sender: Please print your name, address, and c, m Z - -- - - c')cO CD Board of Supervisors 4= Contra Costa County 651 Pine Street, Room 106 z o Martinez, CA 94553-1293 0 -- -- o r_raryi 11111111,11111111111,1 fill 1Jill 1111111111111111111111111111111 UNITED STATES e Paid • Sender: Please print your name, address, and ZIP+4 in this box • m - 7c cm CD Board of Supervisors a Contra Costa County ao 0 651 Pine Street, Room 106 Martinez, CA 94553-1293 clrn9 N CD O ;Sl j r<�ra 1 if iliii�lSli f'IITFIt3t'�ltilillll i��tl i l t I ttt iit i F 31111 UNITED STATES POSTAL SERVICESAN JOSE CA 9SI id IN +Flermit 10 • Sender: Please print your name, address, and e� CD r � Z Board of Supervisors Contra Costa County a rn 651 Pine Street, Room 106 =m o Martinez, CA 94553-1293 an cn 0 N y C C„}Cj 1 ��lifii�!l�1�illt�ltl311�IEilI'!l�ti'!�!lif�lfif�!l1i1E!!t!�!1 UNITED STATES POSTAL SERVICE " First Ali as _--i i a — — - UA ' o f 'f U CSCG [J�y}OI D OLm R& G.�3I IEDFU Ul•.0� Ulll.•dAllC 1SL•U�C�UA.�'CaLly c:U 7' 0 F C I fir; L U S £E 1 d Postage $ Certified Fee M Return Reciept Fee Postmark M (Endorsement Required) Here D Restricted Delivery Fee (Endorsement Required) Total P—+---n.r,.__ d' Sent' chard L. 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E3 Certified Fee O I Postmark Retum Receipt Fee Here O (Endorsement Required) p Restricted Delivery Fee D (Endorsement Required) m 9 C3 TotalPostag,,o_e_ C3 semry Sharon Parker C3 smear aPr" 431 New Castle Court or PO Box No city stele zi: Vallejo, CA 94591 Vo�o 0 0 s 0 "CJ�7U l/lA"J.7Ulul C�COz 1C�OC�D �i]G°QO(�, G3C�C�CO(�i C3 �. m@ErlOD M coo• �cm � ru Er OFFICIAL USE ru Postage $ 11 C3 Certified Fee O Return Receipt Fee Postmark C3 (Endorsement Required) Here 0 Restricted Delivery Fee D— (Endorsement Required) M O Total Postage R Foos Ln To C3 Latisha Parker �' ireet api" 431 New Castle Court or PO Box No. ciiy sraie,"zip Vallejo, CA 94591