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Home My WebLink AboutMINUTES - 11142006 - SD.5 TO: BOARD OF SUPERVISORS -_ Contra o� Costa FROM: CARLOS .BALTODANO, DIRECTOR BUILDING INSPECTION DEPARTMENT •,•'o - `4 County DATE: November 14, 2006 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 152 Highland Boulevard, Kensington, CA APN: 572-090-010 OWNER: Catherine de Neergaard 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 152 Highland Boulevard, Kensington, CA in Contra Costa County; APN: 572-090-010; 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 leaking roof, cracked and listing chimney, improper venting of water heater, missing and deteriorated siding, rotted framing, missing stair and landing, improperly supported floor and illegal plumbing on the above-referenced real property is a substandard structure in violation of State Housing Law 712-4.014 and Health and Safety Code 17920.3 & 17922 . ORDER the property owner to abate the public nuisance by removing and replacing the leaking roof, cracked and listing chimney, improper venting of water heater, missing and deteriorated siding, rotted framing, missing stair and landing, improperly supported floor and illegal plumbing from the property or demolish the substandard structure within thirty (30) days of the mailing of the Board's decision. DIRECT the county abatement officer to remove the substandard structure and charge the cost of the work and all administrative costs to the property owner, if the property owner does not comply with the Board's order to abate the public nuisance. DIRECT the county abatement officer to send the Board's decision by first class mail to the property owner and to each party appearing at this hearing, and to file the Board's decision with the Clerk of the Board of Supervisor. CONTINUED ON ATTACHMENT: / YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE i/ APPROVE-\ O R r SIGNATURE(S) ACTION OF BO ON APPROVED AS RECOMMENDED OTHER Please see att hed addenda. 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 ,(°�ITJI'I'U� JOHN CULLEN, CLERR OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY cc: Building Inspection Department Page 1 of 2 APPEAL OF ABATEMENT ACTION AT: 152 Highland Boulevard, Kensington, CA November 14, 2006 Page Two FISCAL IMPACT: The Cost of removing the substandard structure from the property is estimated to be $20, 000.00. If the county abatement officer performs the work of abatement and the property owner does not pay, the actual cost of the work and all administrative 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. FACTUAL BACKGROUND: The real property located at 152 Highland Boulevard, CA in Contra Costa County; APN: 572-090- 010 is owned by Catherine de Neergaard. State Housing Law 712-4.014 and Health and Safety Code 17920.3 & 17922, prohibits substandard housing conditions including a leaking roof, cracked and listing chimney, improper venting of water heater, missing and deteriorated siding, rotted framing, missing stair and landing, improperly supported floor and illegal plumbing. The county abatement officer made an initial inspection of the above-referenced property on April 25, 2005. The county abatement officer observed a leaking roof, cracked and listing chimney, improper venting of water heater, missing and deteriorated siding, rotted framing, missing stair and landing, improperly supported floor and illegal plumbing. The County, through the Neighborhood Preservation Program, offered its assistance to the property owner on August 22, 2005. The Program offer included a $5, 000.00 grant to remove lead paint and a $40,000.00 loan at zero percent interest with no monthly payments. The loan would mature in 5 years, and then would be reevaluated. If the applicant continued to be in a low income bracket, the loan would be extended in 5 year increments in perpetuity. The County developed a comprehensive work write-up to present to contractors for bidding. On eight occasions, until September 28, 2006, the County tried to get the owner to agree with the work write-up, and the loan. However, the property owner would neither accept the loan or agree to the work that needed to be performed. Re-inspection of the property on September 28, 2006, showed that the property continued to be in violation of State Housing Law 712-4.014 and Health and Safety Code 17920.3 & 17922. 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 October 10, 2006. The Property owner filed an Appeal of Notice and Order to Abate on October 18, 2006. Notice of this appeal hearing was sent to the property owner by the Clerk of the Board - see Clerk of the Board's mailing confirmation. Page 2 of 2 ADDENDUM TO ITEM SD.5 November 14, 2006 On this day the Board considered conducting a public hearing on the appeal of the notice and order to abate a public nuisance on the real property located at 152 Highland Boulevard, Kensington area and staff recommendation to proceed with abatement at the property owner's expense. Vincent Caballero, Building Inspection Department(BID),provided property history dating back to April 6, 2005. The problems include exposed electrical wiring, illegal plumbing and a masonry chimney that is cracked and pulling away from the building. He provided photographs showing the structural deficiencies. Supervisor Gioia noted the case has been around for some time and that his office has worked with the property owner trying to resolve the issues. Carlos Baltodano, Director of Building Inspection, stated the property owner qualified for a no interest Home Preservation loan of$40,000 and also a grant of$5,000 lead based paint abatement credit. Mr. Baltodano noted with so many problems $45,000 will not be enough to make all necessary repairs. Mr. Baltodano proposed that the Board amend the abatement to 60 rather than 30 days, as he believes the house can be saved. Also,he asked that the property owner agree to the following: 1. Accept the Home Preservation Program work write-up that staff has developed. 2. Allow a bid-walk with all contractors present to expedite the bidding process. 3. Owner to select one of the bidding contractors as part of the requirements of the program. 4. Owner to sign Home Preservation Program loan agreement and reach an agreement with the contractor to do the work. 5. Allow the contractor to start the work within 60 days. Chair Gioia opened the public hearing, the following people spoke: Catherine deNeergaard, property owner, agreed to accept the amendments proposed by BID. The following persons presented public testimony stating the property is a fire and safety hazard: John Lipscomb, Kensington. Knute Fisher, Kensington. Marcie Wyss, Kensington. Alez Zettl, Kensington. Anne Takizawa, Kensington. Matt Wyss, Kensington. Dean Williams, Kensington. Daryle Morgan, Kensington. SD.5 November 14, 2006 Page 2 of 2 The following persons presented testimony on behalf of Ms. DeNeergaard's appeal: Dianna Estes, Berkeley. Gina Papen, Berkeley. Shams Kairys, Kensington. Susan Schaller, Kensington. Morris Carey, Rebuilding Together; offered his company's services repairing Ms. De Neergaard's horse. By a unanimous vote with District IV absent, the Board of Supervisors took the following action: CLOSED the public hearing and ADOPTED staff's recommendation to abate a public nuisance on the real property located at 152 Highland Boulevard, Kensington area and staff's recommendation to proceed with abatement at the property owner's expense, amending the recommendation to provide the property owner with 60 rather than 30 days and incorporating the following conditions: 1. Property Owner to accept the Home Preservation Program work write-up that staff has developed. 2. Property Owner to allow a bid-walk with all contractors present to expedi�e the bidding process. 3. Property Owner to select one of the bidding contractors as part of the requirements of the program. 4. Property Owner to sign Home Preservation Program loan agreement and reach an agreement with the contractor to do the work. 5. Property Owner to allow the contractor to start the work within 60 days. a _ REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near th speakers' rostrum before addressing the Board. Name: Phone: Address: City: (Address and phone number are optional;please note that this card will become a public record kept on file with the Clerk of the Boardin norganization: n with this meeting) I am speaking for myself CHEW ONE: I wish to speak on Agenda Item # � Date: My comments will be: ❑ General or Aga- st ❑ I wish to speak on the subject of: ❑ 1 do not wish to speak but would like to leave these comments for the Board to consider: J Please see reverse for instructions and important information 5 REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item#: Complete this form and place it in the upright box near the Date: I (`� 10(e speaker's podium, and wait to be called by the Chair. Personal information is optional. This speaker's card will be My comments will be: El General incorporated into the public record of this meeting. ❑ For �� 5 CZ)v $� 2-"'Against Name: ,J�1 k`'� El wish to speak on the subject of: Address: \,O 3 �`��"�� ,J City: Phone: ka� I am speaking for: ❑ Myself ❑ Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (use the back of this.form) REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item #: Complete this form and place it in the upright box near the Date: -Q speaker's podium, and wait to be called by the Chair. My comments will be: ❑ General Personal information is optional. This speaker's card will be incorporated into the public record of this meeting. ❑ For Name: (� ��S Iffb Against �4 I wish to speak on the subject of: Address: 14'4 N G�k LA O 7k—\J D ' City: Gc�s r,� C.-TU A-) A 27A aO A7 15` 2 Phone: I am speaking for: Myself ❑ Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (use the back of this form) REQUEST TO SPEAK FORM(3 Minute Limit) I wish to speak on Agenda Item#: 51J 7.5 Complete this form and place it in the upright box near the Date: r C/ � speaker's podium, and wait to be called by the Chair. My comments will be: ❑ General Personal information is optional. This speaker's card will be incorporated into the public record of this meeting. ❑ For " Against Name: 11 V�1� ��•�� w 7 I wish to speak on the subject of: Address: tD �I�l/leV, (~) l[ City: `� �/�- �• / 1 M h •) Phone: 0 I am speaking for: Myself Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (use the back of this form) REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item Complete this form and place it in the upright box near the Date: /Q �o speaker's podium, and wait to be called by the Chair. �Personal information is optional. This speaker's card will be My comments will be: General incorporated into the public record of this meeting. ❑ For Name: A Lreh Z ff-T 1 i-- ❑ Against /I wish to speak on the subject of: Address: LA 7 H I&NI AN 0 4L.V D City: (CFNS I N G,-ON G4 74'70* S�FFTy N ccs Ns Phone: SI0 ' Z 4`— Z&' AT IS'2- H 6.14LAW.0 &0 I am speaking for: Myself ❑ Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (use the back of this form) REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item #: Complete this form and place it in the upright box near the Date: speaker's podium, and wait to be called by the Chair. My comments will be: ,® General Personal information is optional. This speaker's card will be incorporated into the public record of this meeting. ❑ For Name: volU1, �A t Z 0.vv�� ElAgainst I wish to speak on the subject of: Address: 14-7 City: k 2V1;l " � S Q Lt-L, Cavi C-Pi �►s Phone: 5� f7 �� °�-—73 2—`'� �"1 I am speaking for: q Myself ❑ Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (use the back of this form) REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Pho.ne. 15-1D-- 6 /Y-3(1 L 4—L Address: - I(Olq OlaiVx�rgl A VR-, City: (Address and phone number are optiong;please note that this card will become a public—'%jo—rdkept on file with the Clerk of the Board in association with this meeting) I am speaking for myself ~Or organization: CHECK ONE: ❑ I wish to speak on Agenda Item # Ste' -b.- Date: A +KQ- &Poe-&- My comments will be: El General �or ' ' F-I Against CP5-- I wish to speak on the subject of: 6u U 171 1 do not wish to speak but would like to leave these comments for the Board to consider: Please see reverse for instructions and important information REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item #: Complete this form and place it in the upright box near the Date: Z Z - d speaker's podium, and wait to be called by the Chair. Personal information is optional. This speaker's card will be My comments will be: El General incorporated into the public record of this meeting. ❑ For Against Name: Address: lJIL4 I wish to speak on the subject of: CitJ(Jo elf /1`t-�Lf`e/-I-al Y Phone: -to - 101 — 3311 I am speaking for: Myself ❑ Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (use the back of this.form) REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item#: h Complete this form and place it in the upright box near the Date: 11 ` speaker's podium, and wait to be called by the Chair. Personal information is optional. This speaker's card will be My comments will be: El General incorporated into the public record of this meeting. . For Name: J—_) Iy / (� ❑ Against I wish to speak on the subject of: Address: g �--� (i N L,V L7 City: 4=�G>J L0� G-F TO N 1 2 DC7 H L-An;1) Phone: � �� j�o I am speaking for: Myself ❑ Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (use the back of this form) REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item#: �.�� Complete this form and place it in the upright box near the Date: r� speaker's podium, and wait to be called by the Chair. My comments will be: ❑ General Personal information is optional. This speaker's card will be incorporated into the public record of this meeting. k--/ For. � ❑ . Against Name: DA pIL ��- 74 g j I wish to speak on the subject of. Address: City: �L-I&I Ai Phone: I am speaking for: Myself, ❑ Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (use the back of this form) REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) `—' �� ,./. Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: tj Phonf (510 S' Address: — 2-97>7 dAAKC—tZ cT-. *i?-. City: grkl�'_cl Cy r--J\'!Yq70 (Address and phone number are optional;please note that this card will become a public record kep!on file with the Clerk of the Board in association with this meeting) I am speaking for myself ✓ or organization: CHECK ONE: I wish to speak on Agenda Item # ST) Date: My comments will be: El General lie, or EJ Against ❑ I wish to speak on the subject of: r] 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 information 1 1 <=O@contra.napanet. To: <comments@cob.cccounty.us> net> cc: 1 1/1 3/2006 09:24 PM Subject: Data posted to form 1 of ` http://www.co.contra-costa.ca.us/depart/cao/agendacomments_form.ht M Username: Gina Papen UserAddress: 2337 Parker Street, # 12, Berkeley, CA 94704 UserTel: (510) 220-3698 UserEmail: gpapen@earthlink.net AgendaDate: 11/14/06 Option: Selected AgendaItem: SD 5 Remote Name: Remote User: HTTP User Agent: Mozilla/5.0 (Macintosh; U; PPC Mac OS X; en) AppleWebKit/418.8 (KHTML, like Gecko) Safari/419.3 Date: 13 Nov 2006 Time: 21:24:30 Comments: I am writing regarding item SD 5, and the status of the home of Catherine De Neergard. I have visited her home, and would like to support her to work with Contra Costa County officals and give her the time and permits to complete her home repairs in a timely manner. Gina Papen To: comments@ cob.cccounty.us ` <gpapen@earthlink.net cc: > Subject: SD 5 11/14/06 11/13/2006 11:27 PM I amwriting on behalf of Catherine De Neergard, whose home is in Kensington. I am requesting that she be given the proper time and permits to repair and restore her home in a timely manner. respectfully, Gina Papen i ShamsK@aol.com To: comments@ cob.cccounty.us 11/13/2006 10:58 PM cc: Subject: Public Comment for 11/14/06 Meeting Hello. After filling out you Web site form, I hit the"Submit Comments"button and this e-mail popped up. This is confusing,but I will send my comment this way to be sure. Shams Kairys 804 Coventry Rd., Kensington 94707 510-525-1465 shamsk@aol.com 11/14/06 SD.5 As a friend and neighbor of Ms. de Neergaard for many years, I appeal to the Board to provide her with more time and/or support to repair the roof and siding on her home. I see nothing gained by forcing the matter at this point, and suggest that a county ombudsman would be a better means of dealing with such disputes in a non-adversarial manner. Thank you. <cc0@contra.napanet. To: <comments@cob.cccounty.us> net> cc: Subject: Data posted to form 1 of 11/13/2006 03:44 PM http://www.co.contra-costa.ca.us/depart/cao/agendacomments_form.ht m Username: susan schaller UserAddress: 4 Windsor Ave UserTel: 510 558 7173 UserEmail: susan@vital-signs.org AgendaDate: 11/14/06 Option: Selected AgendaItem: SD5 Remote Name: Remote User: HTTP User Agent: Mozilla/5.0 (Macintosh; U; PPC Mac OS X; en) AppleWebKit/312 .8 (KHTML, like Gecko) Safari/312.6 Date: 13 Nov 2006 Time: 15:44:56 Comments: As a neighbor of Catherine Tajaali de Neergaard, I've observed a kind of "bullying" by one of her neighbors who seems to want "her kind" or her house out of "his" neighborhood. If there is any truth in my observation, it it vital that the county follows a fair and open process required for EVERY citizen. I would hate to see a lovely old house torn down, because of prejudice when a loan for a new roof and siding would be much more ecological and just. Please be sure that my neighbor and her house are getting a fair trial. A neighbor and a concerned citizen, susan schaller <cc0@contra.napanet. To: <comments@cob.cccounty.us> net> cc: Subject: Data posted to form 1 of 11/14/2006 06:11 AM http://www.co.contra-costa.ca.us/depart/cao/agendacomments_form.ht m Username: Catherine de Neergaard UserAddress: 152 Highland Blvd. , Kensington 94708 UserTel: 510 525 5779 UserEmail: goldenlynxs@yahoo.com AgendaDate: 11/14/06 Option: Selected AgendaItem: SD5 Remote Name: Remote User: HTTP User Agent: Mozilla/4.0 (compatible; MSIE 6. 0; Windows NT 5.1; YPC 3 .2 .0; .NET CLR 1.1.4322) Date: 14 Nov 2006 Time: 06:11:50 Comments: TO: BOARD OF SUPERVISORS Contra Costa County FROM: Catherine de Neergaard, owner and resident, 152 Highland Blvd. , Kensington CA DATE: November 14, 2006 SUBJECT: Reply(s) and Answer(s) to the Building Department's "SPECIFIC REQUEST{S) OR RECOMMENDATION{S) & BACKGROUND AND JUSTIFICATION for their requested bulldozing of my home PART ONE Dear Board of Supervisors; Below is my line by line response to the Contra Costa [CoCo] Building Department's [BD] outrageous plan to bulldoze my home. The BD's document is in italics. My replies follow the Regarding the formatting of this and future documents of the case, people are referred to by their functional titles at the time of their interaction with me. It should be noted the first inspection of my property by the county occurred on August 9, 2005 by Code Inspector Patty Cookson. She inspected the grounds and outside of the house. After at least this one inspection, the following list of documents are to the best of my knowledge the only written commentary by the BD of what they would like to see done to my home. They are: a) Loan Inspector Larry Tolson's `List of Priorities' from his inspection of March 13, 2006 b) Mr. Tolson's paper entitled 'Deficiency List' [ 'Deficiency List #1] given to me on July 11, 2006 - Some of these items were starred as code items but it wasn't stated what code or what kind of code. c) I was told by Mr. Tolson in September 2006 that he had prepared a second revised `Deficiency List' . [ ` Deficiency List #21 Despite my repeated pleas to be sent this document, I never received a copy. d) Code Inspector Vincent Caballero sent a letter to me dated September 28, 2006 containing a list of items that `must be included in the scope of your Contractors' [sic] work' . e) The `Notice and Order to Abate' dated October 10, 2006 and signed by Mr. Caballero had another similar list to the previous list of items I should have a contractor do. f) And finally there is now the list in Director Baltodano's `Appeal of Abatement Action at ... Specific Request(s) or Recommendation(s) ...' dated November 14, 2006. While many of these lists have similarities, there are important differences among them. Here are my comments to Director Baltodano's document: TO: BOARD OF SUPERVISORS Contra Costa County FROM: CARLOS BALTODANO, DIRECTOR BUILDING INSPECTION DEPARTMENT DATE: November 14, 2006 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 152 Highland Boulevard, Kensington, CA APN: 572-090-010 OWNER: Catherine de Neergaard 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 152 Highland Boulevard, Kensington, CA in Contra Costa County; APN: 572-090-010; 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. > My home and/or property is not a nuisance, public or otherwise. It can't be a public nuisance because very little of it can be seen by the public. A person could see a small blue tarp on the upper southeast siding if they crane their necks from down the street. It isn't a private nuisance for the same reason. There is nothing to see or be concerned about to the point of calling it a nuisance unless you really go out of your way, both to look at my house and to stretch beyond reason the definition of nuisance. My property does not fit the legal definition of `public nuisance' . FIND that the facts set forth below are true. > The facts below are not true. AFFIRM the county abatement officer's determination in the Notice and Order to Abate >The county's (here-to-fore, of course, and its employee's processes) process in arriving at this aforementioned `Notice and Order to Abate" is illegal, fraudulent, lying, abusive, punitive and without due process. The county did and does deprive me of my constitutional rights and natural property rights. I'm very sorry to have to say this, but the county's actions and non-actions furthermore give the appearance, if not the actuality of sexism, ageism, ethic prejudicial action, and felony conspiracy with various persons to harass and deprive me of my life, property and happiness. To sum, the county's actions and non-actions to me and mine.constitute conspiracy to defraud, state terrorism and a hate crime. by finding that the leaking roof, > My roof does have a leak in it, but it is contained and not a health hazard at the present time. This is not a justification to bulldoze my home. Furthermore, the information about the roof was acquired illegally and without due process, as were many of the county's accusations. I will have the roof replaced as soon as possible. That it was not done sooner is partially or entirely due to the county's obstructionist actions, including that I have been forbidden to get a roof permit by the county since February 2006. cracked and listing chimney, > This is false. Two general contractors recently looked at the chimney and said it looked fine and doesn't need anything. > Apparently, Code Inspector Terry Plys did a drive-by of my property sometime in February 2006 and for whatever reason unknown to me said my chimney had to go. Loan Inspector Larry Tolson and Chief Inspector Tim Griffeth followed suit, verbally giving fraudulent and non-existent reasons to modify the chimney. I repeatedly asked Chief Michael Angelo Silva for proof in writing, some reason that the chimney had to be pulled down to its shoulders. He refused. Chief Silva said he had photos and the authority of Chief Inspector Griffeth. Chief Inspector Griffeth told me that he thought the chimney only needed taking down to the roofline. I asked to speak or communicate to Chief Inspector Griffeth about all this. But he was described as always out on leave and could not be communicated with. I pointed out that photos can be deceptive. > Unreinforced masonry chimneys are not illegal. They are all over the place and they will ALL fall down in a big earthquake, as they did in Berkeley in the 1906 quake. This is not a reason to pick on my chimney, especially considering its relatively safe location. If you insist on tearing down chimneys with the federal HUD loan money then you need to say so in advance. It would be entrapment to not state your demand in advance. Furthermore, if you want to tear down my chimney and have the right to, then you don't have to make false allegations about cracks or holes. >More on the topic of the chimney is in other writing I've given to the county. This chimney should not be a reason to tear down my home. improper venting of water heater, > This is totally false. There is no improper venting of the water heater. This is the very first allegation that the current water heater is improperly vented. No one has inspected it and said the current water heater is improperly venting. It is logical to suppose that Director Baltodano and/or whoever wrote the document under discussion misunderstood Code Officer Caballero's (the alleged county abatement officer) communications to me dated October 10, 2006 and September 28, 2006 demanding that my water heater vent be rerouted. This is presumably because in Loan Officer Larry Tolson's `Deficiency List' (undated and given to me on July 11, 2006) was the county' s surprising demand to tear my chimney down to the shoulders. The water heater is currently vented out through the chimney. If the chimney was torn down below an unknown certain point, then the water heater vent would have to be expensively rerouted. There is no reason here to bulldoze home. missing and deteriorated siding, > Some of the wooden shingle siding needs to be replaced. I have wanted and have been working toward fixed this since before the county contacted me. As with the roof, the county has directly and indirectly hindered me to accomplish this for roughly the last year and a half. rotted framing, > This is a gross exaggeration. Except for one board in the porch roof, this allegation is unproven and unfounded. If the envelope (roof and siding) isn't repaired soon, THERE WILL BE ROTTING FRAMING. The county is contributing to this threat to my home's integrity by delaying, obfuscating, and obstructing my time and the federal loan process. Furthermore, there was a lot of good advice and help the BD could have given me but failed to. missing stair and landing, > Yes, and as previously extensively discussed, I want and have been trying to make this relatively inexpensive and easy repair to the back stairs. First the county couldn' t make up its mind what sort of permit process .I needed. Then, since February 2006 I have been forbidden by the county to get any permit for anything .except a demolition permit for my house. improperly supported floor >This is a blatant lie. Two contractors looked at the floor (the bottom floor of three stories) and said it was fine. One state licensed and fully insured and bonded contractor recently told me the floor was so solid and well made that he could drive his car onto it. The floor has no give or wiggle, as Code Inspector Caballero would have occasion to know. . There is a strange history as to how this false allegation about my floor evolved. There is no reason here to bulldoze my home. and illegal plumbing >I don't know what Director Baltodano is talking about here. The BD has brought up various plumbing issues before. I have either repaired or refuted all previous allegations, I had thought to the BD's satisfaction. I have repaired or have had repaired all the plumbing items on the March 13, 2006 `Priorities' list. I refuted on the July 11, 2006 `Deficiency List #1' the allegation that there was anything wrong with my current kitchen sink and faucet. Isn't it a bit appalling that the BD is suddenly springing a new and unexplained accusation on me in my appeal today to not bulldoze my home? >None of the above is a reason to bulldoze my home. on the above-referenced real property is a substandard structure in violation of State Housing Law 712-4.014 and Health and Safety Code 17920.3 & 17922. > I deny this. My home is not a substandard structure or if it is, it is the county's fault for obstructing and preventing repair of: the envelope. Furthermore my home is worth, `as is' , according to several real estate agents on the current market, at least a $600, 000 asking price. Does that sound `substandard? Furthermore, people like my home so much that they rent rooms in it sometimes. The minimum amount is $265 which entitles someone to a weeks stay. Recently someone paid that to spend the weekend. Does that sound like a substandard structure? Why would people like and want to stay in a structure that is substandard? My home is beautiful, cozy, warm, dry, wholesome, and safe. The BD has demanded to be done some things that would make my home unsafe. By delaying and preventing me to make repairs to. the envelope, the BD has perhaps contributed to damage to my home. The BD's actions for roughly the last year and a half have repeatedly made me acutely ill and may have damaged my health. ORDER the property owner to abate the public nuisance by removing and replacing the leaking roof, .. <...SNIP...> > To not be repetitious, I'll just skip to the factual background. < ....UNSNIP> and may be collected as an assessment against the property. FACTUAL BACKGROUND: The real property located at 152 Highland Boulevard, CA in Contra Costa County; APN: 572-090010 is owned by Catherine de Neergaard. State Housing Law 712-4.014 and Health and Safety Code 17920.3 & 17922, prohibits substandard,housing conditions including a leaking roof, cracked and listing chimney, improper venting of water heater, missing and deteriorated siding, rotted framing, missing stair and landing, improperly supported floor and illegal plumbing. > Given the amount of lies, manipulation, and deceptiveness put out by the BD, I demur. I'd like an independent assessment of these codes and laws and their alleged relevance to the case in hand. I'd like to know in writing exact what code section chapter and verse is applicable to what alleged violation. > As to the particular accusations, please see my demurs above. The county abatement officer made an initial inspection of the above-referenced property on April 25, 2005. The county abatement officer observed a leaking roof, cracked and listing chimney, improper venting of water heater, missing and deteriorated siding, rotted framing, missing stair and landing, .improperly supported floor and illegal plumbing. >This is another blatant lie. Why does the county have to lie like this? As I've stated above no one made an inspection of the property until Code Inspector Patty Cookson on August 9, 2005. Code Inspector Terry Plys claimed to me that he made a `drive'by' some time in mid to late July 2005. The first time anyone from the BD inspected the inside of my home was on August 22, 2005 by Loan Inspector Larry Tolson. I gave to Code Inspector Caballero when he dropped by my home on June 26, 2006 my record of my PHONE CONVERSATION with Code Inspector Keith Marks on April 25, 2005 where we talked about the shingles and the backstairs. This is probably the hat out of which the date April 25, 2005 was pulled. >Obviously, no one could have observed anything until they had actually seen it. The County, through the Neighborhood Preservation Program, offered its assistance to the property owner on August 22, 2005. > True. The Program offer included a $5, 000. 00 grant to remove lead paint and a $40, 000. 00 loan at zero percent interest with no monthly payments. The loan would mature in 5 years, and then would be reevaluated. If the applicant continued to be in a low income bracket, the loan would be extended in 5 year increments in perpetuity. > True. The offer also included at one point, an additional $5000 grant from the free weatherization program. 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R _ , E F� - dg lk m f $ a # ^T�3 � t i I I OM1' j ti s • 777 ^ i Y ?� JG # d �•x' 40 }}✓ rxl t � U U 1 } now, to v its �# day. njjqjx Say Al _ $.,..1`.;x'2. ..x 41, ]• r4 lilt )1 - "l y rR ,+,+ 'S.�^„,,ga - t ” �,'�✓_u,S�";F "=*'� ..., -lo 70 14 P �J�,) 11 at y. err^ � '� I *t•�.�'�T.^::., +-��;�..�..�t..,Y -mak i p��...� �FEs "�-� �, OR �� •C /� , *" ) � � � Who; w 1 7 ♦ r _ •'•' S r�' /- ��^ 'F_ .�.; '`w.,.,_. � +� ) _ + , 411, f � j ': � _ � '4�.fir-ay'.,s "�" ira r ��"�; ''.,r•. tpv 1"Y ` { �` :z.�-..ver ' ._`�j"1 p¢ ,,,•+ya Fly T i _ " t y y f J � 94� y 2 Ott: tt°a,,.3�,,zFy.,z. r . �re �*�l1 G*"-•-�'S��y ay x��,"z+l'�. x'•....r � �,r 4y� 44 i��+�r '�i i i!� �� 'ry� Y' r � N fs i i • .��3' � T� � t Il In IN W vm • a i � i� �s t{,�yR�' 7S•"� �" � $tib WOf } r. s a x r �"ty{ ��iffi �.• �." err - e`• S + L\ w y.. � '�� . t t �j �i�S�y�ti ox• M M1 ti gam'✓ �'� ,^ C.` u r t t ` i F VO 1 Q006 to E„toV - � _ IthttttUl•5c�.- .R{ - sit'NR,i�% v�rn- cyolir RER ff Y. k tri P r A 41 r � ro t i i ' � PICTU1 .yr •,..G�i��:.r y .t -HOUK CONSTRUCTION 2287 College Ave, Suite 315 Berkeley, CA 94705 Phone: (510) 914-8356 Fax: (510)-658-2323 CA License#374736 November 10, 2006 Kathryn DeNergarrd 152 Highland Blvd: -Kensington, CA 94708 BID PROPOSAL- Description of Work: Remove-and replace roof per the following specs. - Remove all existing layers of roof coverings and dispose of debris - Install 1/2"plywood sheeting - Install one layer#30 felt underlayment - Replace all sheet metal flashing and roof to wall flashing - Seal all flashing and-paint new metal with rust resistant paint- Contract aintContract Price: $15,365.00* Description of Work: Remove shingles and replace with stucco as per the following specs. - Remove existing shingles and dispose of debris - Re-sheath siding with %z"CDX plywood - Apply 2 layer Jumbo Tex B paper and lath plywood - Apply'2-coats stucco Contract Price: $11,900.00* * Permits by owner. WHAT TO . EXPECT AND WHAT NOT TO EXPECT FROM THE NEIGHBORHOOD PRESERVATION PROGRAM Things That Homeowners Do in the Neighborhood Preservation Program The program will help homeowners during the home rehabilitation process, but homeowners are responsible for making the choices and doing the work listed below: 1. Homeowners help inspect their house and point out problems. ,?7' Hbmeowners;.with_tt Rama# iiitatr �peci Isfth,elp;=put-Aogethera-deh`cioncy-list.. 3. Homeowners, not the program, choose their contractor to bid on proposed work. 4. Homeowners, not the program, hand out bid packets to contractors. 5. Homeowners, not the program, open bid proposals turned in-by their contractors. 6. Homeowners,-not the-{grogram, choose a contractor to-perform-work on their home. 7. Homeowners, not the program, sign home rehabilitation contracts with their contractor. 8. Homeowners approve payments made-to-their contractor. 9. Homeowni ers and the program both approve work performed by the contractor. 10. Homeowners work with contractors to settle disagreements during the job. 11. Homeowners call/write their contractors to ask them to correct problems covered by contractor warranties during the first year after the job has been completed. 12. Homeowners and the program must submit any changes or extra work In writing. Things Homeowners Should Think About-Before-Taking Out a Neighborhood, Preservation Program Loan: 1. Some tYPes of work, such as landscaping, are not eligible for program funding. 2. Repairs will correct most problems, but will probably not solve all piobiems. 3. Don't expect your house to be completely new when work is done. 4. Don't expect all floors, walls, ceilings, doors, windows, and so on in older houses to be completely plumb, level, and square when work is done. 5. Usually 11001eownwz Wre-small-construction-_companies because-theyare able to-do more work for the money than larger, more expensive,construction firms. 6. Sometimes It can be stressful living In a house while a contractor Is performing work. Be prepared to have your routine Interrupted and disrupted. Delays can happen. 7. Very few times in life is anyone completely satisfied with things they buy or have repaired. Buying a house or;having a house repaired is no different. Ask questions to become a knowledgeable consumer. $. Construction creates dirt and noise. 9. As with any government program,there is some"red tape". 10. Tha nronram In nnt n nnntrantnr Anne not rannmmand nnntrantnre enri nannnt noonrnntnr. th.,t 3. Homeowners, not the program,choose their contractor to bid on proposed work. v 4. Homeowners, not the program, hand out bid packets to contractors. ' 5. Homeowners, not the program, open bid proposals turned in by their contractors. 6. Homeowners, not the program, choose a-contractor to perform work on their home. 7. Homeowners,.not the program, sign home rehabilitation contracts with their contractor. S. Homeowners approve payments made to their contractor. 9. Homeowners and the program both approve work performed by the contractor. , 10. Homeowners work with contractors to settle disagreements during the Job. 11. Homeowners call/write their contractors to ask them to correct problems covered by contractor warranties during the first year after the job has been completed, 12. Homeowners and the program must-submit any changes or extra work In writing. Things Homeowners Should Think About Before Taking Out a neighborhood Preservation Program Loan: 1. Some types of work, such as landscaping, are not eligible for program funding. 2. Repairs will correct most problems, but will probably not solve all problems. 3. Don't expect your house to be completely new when work is done. 4. Don't expect all floors, walls, ceilings, doors, windows, and sa on In older houses to be completely plumb, level, and square when work Is done. 5. Usually homeowners hire small construction companies because they are able to do more work for the money than larger, more expensive, construction firms. 6. Sometimes it can be stressful living In a house while a contractor Is performing work. Be prepared to have your routine interrupted and disrupted. Delays can happen. 7. Very few times in life is anyone completely satisfied with things they buy or have repaired. Buying a house or having a house repaired Is no different. Ask questions to become a knowledgeable c�ansun�er. a. Construction creates dirt and noise. 9. As with any government program,there Is some"red tape". 1 q. The program is not a contractor, does not recommend contractors, and cannot guarantee that homeowners will be satisfied with`the`werkd6"r tay�tho¢htimeo a `e Homeowner Signature Date Co-Homeowner Signature Date Relative/Witness (if Present) Date Program Staff Da 4193 pc 1 r e . iimCs ..•f w e isa"±T11tt-t r$ incre r' #--tri c.—i n ar i esaree s '-v+t era arrz - Carios Baltodaf"to �r sb� P�,#g q-, ; $-1 4 r POvoCfCtTv DONS CON/A-rini1 MRI(NnI via � g i\y i,A.•�+: -•- -'"'f ."'A' 1 3 fvrtfa 4 `a :M ijwi`st;Wafk:: :.�'��%-j Liz—, Y - •f� H E61ULN 1 IA`�HF-N!AL !NtiFt!—::S S( IN i-°1-*1JU1 APj'1 Y e a wvs e U1 RV ii`i-i Ytil@ 1TfP-.@T,4Th Floor hfinrlinP7 ('.gi.itnrnia C45;;2-0157 z . rAfrt li1�f_'\nom?• � -ii NPP (925)335-1137 u+jitl :'Ca•a«.i �ir-,_-i<r<-t --- ----=-- FAX (925)646-4450 February 16, 2006 \..UIItGlitt4 Ll.ttV41�%.iulu K PTl{`,r,tttnr PA QA 7()5Z SHE 152-Higniallu BI-Va., hei1511iZ�I,lo11, CAA Dr ',T_ c:'77 n0--P—In REF: KF05-00616 Vntt :;.•o !?R+PPhF. nntifir,tl til-It thio r{Ptl!irtmant hnc nhSPrvPri vnm- nronorty at the. `r_t--hove, Incatlon and determined Ii is In violallOn of 'tile l otnlla Costa County vTdirtanco OU"c' ivi iiia viivvviit f_. �Tinl tt:ren Tlaerr:ntinnnnrl Cniinty (IrrlinconrP CnriP -!Pl ttnrt(C�' I (',, an rinlnrrr,!! w.�i.:.tLL+n!Sn nn rlA1Rn!!'l ntnr� cnn rl]tjnns ltncn}p �n tirin .; In 1� .£ .�,a�tF,.ar nrntPrtinn ime,.4P �nnlinnrp vpntina at OnvP and l7V._l_ter . ...,. ... . t;;,ntnr ,,,Zr„ a ola.-t.-:r•-,1 Ie+�lrinn nlelmhinR lr nt-;na rnnf hnivinv and im—'nfP, r`himn(--V fn;lenrr evtr?rinr n1nq,-r nnrl iunnrl cirriina, .CtatP of Cnitfnmin Rnivcina T..qw- Contrn Costa County Ordinance Seciion 7112-4-0)14- rJ.a•.e v of rteatl-IfU-i_ni'a th-;aIl L1.1 1"..i tO+U..ltL,.-Acamy �`'o do f-h-nr thf. t .chrt �rinl.trenn/c hEr t;t incr hA fnllnEvina onrr'PptivP nrtinnc, Vniv mild.. nmmnWe itnrra mimber one vvithin fiftPpn f151 rlavc fnr rorrP[`.tive. Actions. (�nrrarti vo !�rtinnc 1 (?Main a Df-molition nerm;t and rPmnvp the nihctanrlarri ctrl,rt(jre. An ,e vngt caat;nn Fang 11Parin ;and compliance is required to correct the above violations. A code enfnrr'e_ment fP_.P_. shall ht: chargee] emuil to two times the amount of all hermit fees. Zoning vinlntinn_ r 1P.nrnnr;P.0 rennire a minimum of a $100.00 fee. A fee of $25.00 per trip will be charged until compliance is met. The fees are additive to the building permit/zoning fees. (,the.iine Deneergaard February 10, e one Or more of mu thig office will take IT you id L%J Record this noticc u1i 0^11"rpl for leeal actiOP ve fees billed to Ow'"'i- 14 usue a Citation'- Court appeara 1 11 ___k' "ISIC ndministrati 4. Obtain Penalty Procedures Daily lines to - V2 nn Workdav between 7:30 and 1U:Uv U.111. i I may oe rca-1-- — r—Ot third_ and fifth Friday of every rnon"" JIItc;U Y, Tarry P VS Building 11'sP TP:rmt _i_.,fl,,ihin/deneer'aard.lite.tetter Page 1 of 7 pages Reply and Answer by C.T.de Neergaard 11114/06 7:55 AM TO: BOARD OF SUPERVISORS Contra Costa County FROM: Catherine de Neergaard,owner and resident, 152 Highland Blvd.,Kensington CA DATE: November 14,2006 SUBJECT: Reply(s)and Answer(s)to the Building DepartmenX's"SPECIFIC REQUEST IS)OR RECOMMENDATION{S)&BACKGROUND AND JUSTIFICATION for their requested bulldozing of my home PART ONE Dear Board of Supervisors; Below is my line by line response to the Contra Costa[CoCo]Building Department's [BD] outrageous plan td bulldoze my home. The BD'"s-document is in-italics. My replies-follow the Cy Regarding the formatting of this and future documents of the case,people are referred to by their functional titles at the time of their interaction with me. It should be noted the first inspection of my property by the county occurred on August 9,2005' by Code Inspector Patty Cookson. She inspected the grounds and outside of the house. After at least this,pne inspection,the following list of documents are to the best of my knowledge the only written commentary by the BD of what they would-like to see done to my home. They are: a) Loan Inspector Larry Tolson's `List of Priorities' from his inspection of March 13,2006 b) Mr.Tolson's paper entitled `Deficiency List' ['Deficiency List#1] given tome on July 11, 2006—Some of these items were starred as code items but it wasn't stated what code or what kind of code. c) I was told by Mr. Tolson in September 2006 that he had prepared a second revised `Deficiency List'.[` Deficiency List#21 Despite my repeated pleas to be sent this document,I never received a copy. d) Code Inspector Vincent Caballero sent a letter to me dated September 28,2006 containing a list of items that `must be included in the scope of your Contractors' [sic]work'. e) The `Notice and Order to-Abate' dated October 10,2006 and signed by Mr.Caballero had another similar list to the previous list of items I should have a contractor do. f) And finally there is now the list in Director-Baltodano's-`Appeal of Abatement Action at ... Specific Request(s)or Recommendation(s) ...' dated November 14,2006. While many of these lists have similarities,there are important differences among them. Here are my comments to Director Baltodano.'s document: TO:BOARD OF SUPERVISORS Contra Costa County FROM. CARLOS BALTODANO,DIRECTOR BUILDING INSPECTIONDEP,IRTMENT DATE: November 14, 2006 i SUBJECT.•APPEAL OF ABA TEMENTACTIONAT.- SITE- -SITE: 152 Highland Boulevard, Kensington, CA APIC• 572-090-010 OWNER: Catherine de Neergaard Page 2 of 7 pages Reply and Answer by C.T.de Neergaard 11/14/06 7:55 AM SPECIFIC REQUEST(S) OR RECOWvfENDATION(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 152 Highland Boulevard, Kensington, CA in Contra Costa County;APIC• 572-090-010;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. >My home and/or property is not a nuisance,public or otherwise.It can't be a public nuisance because very little of it can be seen by the public. A person could see a small blue tarp on the upper southeast siding if they crane.their:necks from down the street. It isn't a private nuisance for the same reason. There is nothing to see-or be concerned about to the point of calling it a nuisance unless you reafly_go.out.of your way,both to look at my house and to stretch beyond reason the definition of nuisance. My property does not fit the legal definition of`public nuisance'. FIND that the facts set forth below are true. >The facts below are not true. AFFIRM the courfty abatement officer's determination in the Notice and Order to Abate >The county's(here-to-fore, of course,and its employee's processes)process in arriving at this aforementioned `Notice and Order to Abate"is illegal,fraudulent,lying,abusive,punitive and without due process. The county did and does deprive me of my constitutional rights and natural property rights. I?m very sorry to have to say this;but the county's actions and non-actions furthermore give the appearance, if not the actuality of sexism,ageism,ethic prejudicial action, and felony conspiracy with various persons to harass and deprive me of my life,property and happiness. To surd,the county's actions and non-actions to me and mine constitute conspiracy to defraud,state terrorism and a hate crime. by finding that the leaking roof, > My roof does have a leak in it,but it is contained and not a health hazard at the present time. This is not a justification to bulldoze my home. Furthermore,the information about the roof was acquired illegally and without due process,as were many of the county's accusations. I will have the roof replaced as soon as possible. That it was not done sooner is partially or entirely due to the county's obstructionist actions, including-that I have-been-forbidden to get a roof permit by the county since February 2006. cracked and listing chimney, >This is false. Two general contractors recently looked at the chimney and said it looked fine and doesn't need anything. >Apparently,Code Inspector Terry Plys did a drive-by of my property sometime in February 2006 and for whatever reason unknown to me said my chimney had to go. Loan Inspector Larry Tolson and Chief Inspector Tim Griffeth followed suit,verbally giving fraudulent and non- existent reasons to modify the chimney. I repeatedly asked Chief Michael Angelo Silva for proof in writing,some reason that the chimney had:to be pulled down to its shoulders. He Page 3 of 7 pages Reply and Answer by C.T.de Neergaard 11/14/06 7:55 AM refused. Chief Silva said he had photos and the authority of Chief Inspector Griffeth. Chief Inspector Griffeth told me that he thought the chimney only needed taking down to the roofline. I asked to speak or communicate to Chief Inspector Griffeth about all this. But he was described as always out on leave and could-not-be communicated with. I-pointedout that photos can be-- deceptive. > Unreinforced masonry chimneys are not illegal. They are allover the place and they will ALL fall down in a big earthquake,as they did in Berkeley in the 1906 quake. This is not a reason to pick on my chin ney._especially considering its-relatively safe-location._;If you insist on- tearing-down chimneys with the federal HUD loan money then you need to say so in advance. It would be entrapment to not state your demand in advance. Furthermore, if you want to tear down my chimney and have the right to,then you don't have to make false allegations about cracks or holes. >More on the topic of the chimney is in other writing I've given to the county. This chimney should not be a reason to tear down my home. improper venting of water heater, > This is totally false. There is no improper venting of the water heater. This is the very first allegation that the current water heater is improperly vented. No one has inspected it and said the current water heater is improperly venting.It is logical to suppose that Director Baltodano and/or whoever wrote the document under discussion misunderstood Code Officer Caballero's(the alleged county abatement officer)communications to me dated-October 10,2006 and September 29,2006 demanding that my water heater vent be rerouted. This is presumably because in Loan Officer Larry Tolson's `Deficiency List'(undated and given to me on July 11,.2006)was the county's surprising demand to tear my chimney down to the shoulders. The water heater is currently vented out through the chimney. If the chimney was torn down below an unknown certain point,then the water heater vent would have to be expensively rerouted. There is no reason here to bulldoze home. missing and deteriorated siding, > Some of the wooden shingle siding needs to be replaced. I have wanted and have been working toward fixed this since before the county contacted me. As with the roof,the county has directly and indirectly hindered me to accomplish this for roughly the last year and a hal£ rotted framing, >This is a gross gxaggeration. Except for one board-in the porch roof,this allegation is unproven and unfounded. If the envelope(roof and siding)isn't repaired soon,THERE WILL BE ROTTING FRAMING. The county is contributing to this threat to my home's integrity by delaying,obfuscating,and obstructing my time and the federal loan process. Furthermore,there was a lot of good advice and help the BD could have given me but failed to. missing stair and landing, >Yes,and as previously extensively discussed,I want and have been trying to make this relatively inexpensive and easy repair to the back stairs. First the county couldn't make up its mind what sort of permit process I.needed. Then, since February 2006.I have been forbidden by the county to get any permit for anything except a demolition permit for my house. Page 4 of 7 pages Reply and Answer by C.T.de Neergaard 11/14/06 7:55 AM improperly supported floor >This is a blatant lie. Two contractors looked at the floor(the bottom floor of three stories)and said it was fine. One state licensed and fully insured and bonded contractor recently-told me the floor was so solid and well made that he could drive his car onto it. The floor has no give or wiggle,as Code Inspector Caballero would have occasion to know.. There is a strange history as to how this false allegation about my floor evolved. There is no reason here to bulldoze my home. and illegal plumbing >I don't know what Director Baltodano is talking about here. The BD has brought up various plumbing issues before. I have either repaired-or-refuted-all-previous allegations,I-had-thought to- the BD's satisfaction. I have repaired or have had repaired all the plumbing items-on the March 13,2006 `PrioritiFs' list. I refuted on the July 11,2006 `Deficiency List#1'the allegation that there was anything.wrong with my current kitchen-sink and faucet Isn't it a bit-appalling that the BD is suddenly springing a new and unexplained accusation on me in my appeal today to not bulldoze my home? >None of the above is a reason to bulldoze my home. on the above-refpreneed real property rs a substandard structure in-violation of State Ho using Law 712-4.014 and Health and Safety Code 17920.3& 17922. >I deny this. My home is not a substandard structure or if it is,it is the county's fault for obstructing and preventing-repair of the envelope, Furthermore my-home-is--worth,`as--W, according to several real estate agents on the current market,at least a$600,000 asking price. Does that sound`substandard? Furthermore,people like my home so much that they rent rooms in it sometimes. The minimum amount is$265 which entitles someone to a weeks stay. Recently someone paid-that ta spend the weekend Does that sound Bike a_substandard-structure?. -- Why would people-like and want to stay in a structure that is substandard? My home is beautiful, cozy,warm,dry,:wholesome,and safe. The BD has demanded to be done some things that would make my home unsafe. By delaying and preventing me to make repairs to the envelope,the BD has perhaps contributed to damage to my home. The-BD's actions for roughly the last-year and a half have repeatedly made me acutely ill and may have damaged my health. ORDER the property owner to abate the public nuisance by removing and replacing the leaking roof, ... <...SNIP...> >To not be repetitious,I'll just skip to the-i4ctuaf background. < ....UNSNIP> ...and may be collected as an assessment against the property. FACTUAL BACKGROUND: Page 5 of 7 pages Reply and Answer by C.T.de Neergaard 11/14/06 7:55 AM The real property located at 152 Highland Boulevard, CA in Contra Costa County APN• 572- 090010 is owned by Catherine de Neergaard State Housing Law 712-4.014 andHealth.and Safety Code 17920.3& 17922,prohibits substandard,housing conditions including a leaking roof, cracked and listing chimney, improper, venting of water heater,missing and deteriorated siding rottedframmg, missing stair and- landing, improperly supported floor and illegal plumbing. > Given the-amount of.lies,manipulation,and,deceptiveness putout by the BD,I-demur- I'd-like, an independent assessment of these codes and laws and their alleged-relevanceto the case in hand. I'd like to know in writing exact what code section chapter and verse is applicable to what alleged violation. >As to the particular accusations,please see my demurs above. The county abatement officer made an initial inspection of the above-referenced property on April 25, 2005. The county abatement officer observed a leaking roof, cracked and listing chimney, improper venting of water heater, missing and deteriorated siding, rotted framing, missing stair and landing, improperly supported floor and illegal plumbing. >This is another blatant lie. Why does the county have to lie like this? As I've stated above no one made an inspection of the property until Code Inspector Patty Cookson on August 9,2005. Code Inspector Terry Plys claimed to me that he made a`drive'by' some time in mid to late July 2005. The first time anyone from the BD inspected the inside of my home was on August 22, 2005 by Loan Inspector Larry Tolson. I gave to Code Inspector Caballero when he dropped by my home on June-26,2006 my record of my PHONE CONVERSATION with Code Inspector Keith Marks on April 25,2005 where we talked about the shingles and the backstairs. This is probably the hat out of which the date April-25;2005 was pulled. >Obviously,no one could have observed anything until they had actually seen it. The County, through the Neighborhood Preservation Program, offered its assistance to the property owner on August 22, 2005. >True. The Program offer included a$5,000.00 grant to remove lead paint and a$40,000.00 loan at zero percent interest with no monthly payments. The loan would mature in 5 years, and then would be reevaluated-If the-applicant continued to-be in-a law income bracket, the loan would be extended in 5 year increments in perpetuity. >True. The offer also included at one point,an additional$5000 grant from the free weatherization program. The County developed a comprehensive work write-up to present to contractors for bidding. >The written guideline for the Federal HUD loan preservation program states that the home owner will decide what needs to-be done with the help of the loan inspector or something-to-that-. effect. Instead I was dictated to by Loan Inspector Tolson and Chief Michael Angelo Silva. They didn't do anything I wanted in the deficiency list. Program Manager Pat Corum told me that was because Chief Silva decided himself on my work write-up. I was told by Mr. Silva that I could decide a few minor things, such the paint color and material of the gutters. I eventually found out that the only way I could get along with Mr.Tolson was to totally keep my mouth shut. Page 6 of 7 pages Reply and Answer by C.T.de Neergaard 11/14/06 7:55 AM On eight occasions, until September 28, 2006; the County tried to-get the owner-ta agree with-the work write-up, and the loan. > What eight times? Would this explain why Supervisor Gioia and District I aide Kate Rauch were telling people I was out of the loan program and going to sell my house way before I knew anything about it and-white there-were ongoing negotiations and-appointments forthe loan? Does_ this explain why a person maliciously told me that I was going to be out of home shortly? However, the property owner would neither accept the loan or agree to the work that needed to be performed. >The only thing that is vaguely true about this statement is that on September 25,2006,I phoned Chief Silva and told him I wouldn't sign to destroy my fireplace,chimney,and backdoor. It was Chief Silva's decision that apparently this was a deal killer. It was Chief Silva's decision to proceed with thisaction to bulldoze my home. I had earlier written to him that tearing down the chimney and `watercloset' and blocking the fireplace and backdoor were unacceptable. >I was under the apprehension that I had some say in what was done to my house. As I said in several emails and Pletters,l-amconcerned about the safety of several of the county's proposals. I am concerned that some of the county's proposed work is totally unnecessary,as we can see above. Most crucially,by adding a lot of nonsensical or false items to the proposed work list,the county artificially and unnecessarily inflated the cost of the work,very probably past the budget of roughly$48,000. I was repeatedly told-that if thebidswere over$48,000 my-home-would be `abated' (i.e.bulldozed under). This inflation of the work list as well as the length of the federal HUD loan process as administered by the county gives the appearance that the county was trying to sabotage my project to fix my house. This along with other appearances and/or actualities of impropriety by the,BD-and=the-District f-affiwe,.gi-ues.cred3bdi,to the-my.above mentioned . serious accusations. Re-inspection of the property on September 28, 2006, showed that the property continued to be in violation of State.Mousing Law 712-4.014 and Health and Safety Code 17920.3& 17922. >This is another blatant lie. There was no re-inspection of the property on that date. 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-October 10, 2006 >True. The Property owner filed an Appeal of Notice and Order to Abate on October 18, 2006 >True Notice of this appeal hearing was sent to the property owner by the Clerk of the Board-see Clerk of the Board's mailing confirmation. >I only received notice of this hearing of November 14,2006 by calling the Clerk of the Board's office. That was on November 9,2006 in the late afternoon just before a three or four day holiday and at most only one working day before the hearing. This was not enough time to gather my witnesses and supporters nor enough time to prepare all of my case. Page 7 of 7 pages Reply and Answer by C.T.de Neergaard 11/14/06 7:55 AM >I request a continuation of this matter of SD5 so I can finish my case,especially including, if necessary,expert witnesses. Respectfully submitted, Catherine.de Neergaard,owner 152 Highland Blvd. Kensington,CA 94708 Phone 510 525 5779 Email goldenlynxs@yahoo.com UNITED STATES POSTAL SERVICEwov x .. 5ps w� • Se : "P�'lease print your name, address, and ZIP+ is boxca • � d• N O N Lo C":) C.61 � , � , oard of Supervisors Q y N -� - ontra Costa County 4 r' 2 1 Pine Street, Room 106 D rtinez, CA 94553-1293 J V Clerk of the Board of Supervisors Contra John Cullen Clerk of'the Board Costa and County Administration Building County Administrator 651 Pine Street,Room 106 (925)335-1900 Martinez,California 94553-4068 County s..... John Gioia,District I Gayle B.Uilkema.District If _ Mary N.Piepho,District III Mark DeSauhtier,District IV Federal D.Glover, District V S�'9 COlJti'� November 2, 2006 Catherine de Neergaard 152 Highland Blvd. Kensington, CA 94708 RE: Abated Property: 152 Highland Blvd.,Kensington, CA-APN#572-090-010 Dear Ms de Neergaard: 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 State Housing Law 714-4.014 and Health and Safety Code 17920.3 and 17922. The hearing will be held in the McBrien Administration Building, (corner of Pine 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 County 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 Administrator and Clerk of the Board By Katherine Inclair,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, 152 Highland Blvd.,Kensington, 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: Catherine de Neergaard 152 Highland Blvd. Kensington, CA 94708 I declare under penalty of perjury that the foregoing is true and correct, at Martinez, California. Daced: November 2, 2006 v Katherine Sinclair,Deputy Clerk Postal rr (DomesticLn CERTIFIED MAILT. RECEIPT cc Only, O ,n Ga A -» U V"1 c Postage $ Certified Fee C3 C3 Return C3 Return Receipt Fee Here (Endorsement Required) C3 Restricted Delivery Fee r-j (Endorsement Required) c C3 Total Postage&Fees r3 Sent To --- jf,-- - Catherine de Neergaard N Street,Apf or PO Box 152 Highland Blvd. City Sfafe, Kensington,CA 94709 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 14 copies to the Clerk of the Board regarding the below site address for further handling. The names below should be notified of the hearing: Catherine De Neergaard 152 Highland Blvd. Kensington, CA 94708 SITE: 152 Highland Blvd. , Kensington, CA APN: 572-090-010 Said documents were hand delivered on October 27 , 2006 . I declare under penalty of perjury that the foregoing is true and correct. Dated: October 27, 2006, at Martinez, California. PCD CLERK 40a�OWNER: Catherine de Neergaard NOTICE AND ORDER TO ABATE OCT 1 1 ?006 CLERK BOARD OF SUPERVISORS C.C.C. ORDINANCE CODE 14-6.410 CONTRACOSTACO. NOTICE IS HEREBY GIVEN that a substandard building exists at the property located at 152 Highland Blvd,, Kensington, Contra Costa County; APN 572- 090-010. This condition is in violation of State Housing Law 712-4.014, and • Health and Safety Code 17920.3 and 17922. YOU ARE HEREBY ORDERED TO ABATE SAID SUBSTANDARD BUILDING. You must abate the substandard building by providing to this department a copy of your Licensed Contractor's improvement contract to: replace roof, remove chimney down to the shoulders, install new vent for water heater, seismic strap water heater, replace wood siding, repair framing as needed, repair soffit and framing at entry, remove door and seal opening at lower level, OR, build approved landing, stairs and handrail for lower level door, install piers and posts for under floor girder, prep and paint exterior, replace kitchen counter top, remove illegal water heater closet in lower level 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 substandard. building, the County will replace roof, remove chimney down to the shoulders, install new vent for water heater, seismic strap water heater, replace wood siding and repair framing as needed, repair soffit and framing at entry, build approved landing, stairs and handrail for lower level door, install piers and posts for under floor girder, prep and paint exterior, replace kitchen counter top, remove illegal water closet in lower level. 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: October 10 2006 incent P. aballero (925) 335-1113 Building Inspector 1 VPC:rmt My Documents:postings/den eergaa rd.abate 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. Catherine de Neergaard 152 Highland Blvd. Kensington, CA 94708 SITE: 152 Highland Blvd. , Kensington, CA APN: 572-090-010 Said notices were mailed/posted on October 10, 2006 . I declare under penalty of perjury that the foregoing is true and correct . Dated: October 10, 2006 at Martinez, California. PC K - Ro in urner • 2 osted by: Vi aballero � c DATE: October 26, 2006 TO: Building Inspection Attn: Pam Christian FROM: Kathy Sinclair Deputy Clerk J SUBJECT: ABATEMENT HEARING: CATHERINE de NEERGAARD 152 Highland Blvd. Kensington, This office is in receipt of the attached Appeal and Waiver of Filing Fee from Catherine de Neergaard. Based on the decision of the County Abatement Officer declaring as a public nuisance in violation of State Housing Law 712-4.014 and Health and Safety Code 17920.3 and 17922. Located on property at 152 Highland Blvd., Kensington, CA. The Board of Supervisors has scheduled this appeal hearing on November 14, 2006 at 9:30 a.m. in the Board Chambers. Please notify this office in writing whether the Board of Supervisors should hear this appeal on the calendared date. If the appeal is timely and should be heard,please include the names, addresses and zip codes of all parties to be notified in addition to the Appellant. If the appeal is to be heard on November 14, 2006 at 9:30 a.m. as scheduled, please submit the appropriate material for Board consideration to this office not later than Wednesday,November 1, 2006. Thank you, Attachment-Appeal Cc: County Counsel Page 1 of 2 pages - by C.de Neergaard 10/18/06 12:56 PM To: Contra Costa County Board of Supervisors R GEN ED 651 Pine Street, First Floor OCT 1 8 2006 Martinez,CA 94553 CLERK BOARD OF SUPERVISORS From: Catherine de Neergaard CONTRA COSTA CO. 152 Highland Boulevard Kensington, CA 94708-1023 Date: October 17,2006 Subject: Appeal in response to the Order of Abatement posted on my home at 152 Highland on October 10,2006 Dear Board of Supervisors of Contra Costa County; As the highest administrators of the County of Contra Costa,you are the final (and indeed the only) administrative appeal process available to me about the various actions taken to me and my property by the Contra Costa County Building Department [CoCo BD] in the last year and a half. Thus I do appeal.to you to do or order to have done the following: 1) Immediately remove the blocking of all permits except a demolition process on my home at 152 Highland placed in mid February 2006 by Inspector Plys of the CoCo BD. 2) Please order the BD to allow me and indeed everyone their rights as an owneribuilders to repair or hire to repair what needs to be repaired on their property. 3) If at all possible,please,give me the low income HUD loan that I have been qualified for and have worked so hard for to replace/repair my roof(including sofit and repairing any framing if needed), portions of siding, and back porch. The county can include the lead paint abatement remedies; i.e. replacing the wooden windows and painting those parts of the exterior'that need painting, if it so wishes. The other items on the CoCo BD's various lists concerning my home can be dealt with later and in other ways. 4) If the county can't or won't give me the loan,then please give me some time to sell my home and/or repair the necessaries,however defined,with a private loan. I was told by the realtors that after I entirely move out of my family home of fifty plus years,they would need at least two months to sell the property. I need at least two months to do the move out. One realtor also said that the earliest it would be desirable to put the property on the market is late January. Therefore, I ask you for at least until the end of March 2007 for the time to sell or repair without penalty. I need this agreement by the county in writing. Page 2 of 2 pages - by C.de Neergaard 10/18/06 12:56 PM 5) Please rescind all orders and penalties imposed on me and my property by the CoCo BD, especially but not limited to the county's letters to me on July 5, 2005; February 16, 2006, and its Notice and Order to Abate on October 10,2006. Please also give me a written version clearing my property and I of all impositions. 6) Please have the CoCo BD provide to me in detail and-in writing what piers in the `underfloor girder' it.alleges to be are missing and what exactly is allegedly the matter with the chimney: Please show evidence and proof of these alleged deficiencies. Please make a new policy for the BD to provide detailed written evidence of any alleged code violation upon request from property owners. 7) Please create and-begin a fair intemal-appealprocess for code and federal HUD loan issues in our county. Other jurisdictions have appeal processes where experts can argue code and where differences of opinion can be mediated. 8) I request a grand jury to investigate fairness,terrorist tactics, and other processes in the CoCo BD. The BD could greatly benefit with more transparent written procedures and written detailed reports, and a more adult to adult style, among other things. The reasons for these appeals are as follows: In general, it is the fair, legal, ethical thing to do, considering the circumstances and history of my case. In general, many things that the CoCo BD and its employees did or cause to have done to me since April 18,2005, and continuing into present are unfair, illegal, unethical and/or violate my civil and constitutional and other legal rights. I will append to this appeal and more fully discourse to you in writing about this appeal in the near future. Sincerely, Catherine de Neergaard 152 Highland Boulevard Kensington, CA 94708-1023 Phone: (510) 525 5779 R EVED OCT 1 8 7006 -RD REQUEST FOR WAIVER OF THE $125 FILING FEE CLERK BOAOf CONTRA COSTA CO.SUPERVISORS Individuals requesting a waiver of the $125 filing fee 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) ; 0 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 Human Services pursuant to the omnibus Budget Reconciliation Act of 1981, as amended; or e4l-. Appellant is unable to proceed without using money which is necessary for the use of the appellant or eappellant's family to provide for the common necessities of life. (CCC Ord. Code Sec. 14-6.416; Gov. Code See. 68511.3)Following acknowledgement that I have read the conditions noted above and believe I satisfy one or more of the conditionsi I am therefore requesting the Clerk of the Board to waive the filing fee of $125 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 statement, including any accompanying statement(s) or ent(ii) in support of this request, is true and correct. (Sign-attire fU01ant) on / (da e) at /ra (City, 9t to