HomeMy WebLinkAboutMINUTES - 02132007 - D.6-A 1 .
TO: BOARD OF SUPERVISORS ,A Contra
FROM: CARLOS BALTODANO, DIRECTOR
a:� = .: Costa
BUILDING INSPECTION DEPARTMENT County
DATE: February 13 , 2007
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
SITE: 3940 Main St . , Byron, CA 94514
APN: 002-102-005
OWNER: Adona Family Trust
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 3940 Main St. , Byron, CA in Contra Costa County; APN: 002-102-005;
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 junkyard condition consisting of scrap metal, other scrap materials and
salvaged building materials exists on the above-referenced real property is a public nuisance
in violation of Contra Costa County Ordinance Code section 82-2.002, 82-2.006 and 84-52.402.
ORDER the property owners to abate the public nuisance by removing the junkyard condition
consisting of scrap metal, other scrap materials and salvaged building materials from the
property within 30 days of the mailing of the Board decision.
DIRECT the county abatement officer to remove the junkyard condition consisting of scrap
metal, other scrap materials and salvaged building materials exists from the property, and
charge the cost of the work and all administrative cost to the property owners, 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 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 removing the junkyard condition, consisting of scrap metal, other scrap materials
and salvaged building materials, from the property is estimated to be $4, 500.00. 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 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: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON at2a z % APPROVED AS RECOMMENDED
OTHER _
VOTE OF SUPERVISORS `O.yl��� C4e cl aFe Cc vnerir.�ec( 7'U bC, M arCA eov7,
_ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: ' NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JOHN CULLEN LERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY DEPUTY
cc: Building Inspection Department
Page 1 of 2
Appeal of Abatement Action at:
3940 Main St. , Byron, CA 95161
February 12, 2007
Page Two
FACTUAL BACKGROUND:
The real property located at 3940 Main St. , Byron, CA in Contra Costa County; APN: 002-102-
005 is owned by Adona Family Trust.
The above-referenced property is located in a retail business zoning district
Contra Costa County Ordinance Code section Title 8, Chapter 88-4.206 Junkyard Condition
"Junkyard" means any property used (whether or not for profit or gain) for (1) the
dismantling or wrecking of automobiles or other vehicles or machinery, or (2) the storage or
salvage of automobiles or other vehicles or machinery, scrap metal, or other scrap materials,
including salvaged building materials.
Contra Costa County Ordinance Code section Title 8, Chapter 84-52.402, prohibits uses other
than those allowed in an R-B. The Storage of junkyard condition consisting of scrap metal,
other scrap materials and salvaged building materials are not allowed.
The county abatement officer made an initial inspection of the above-referenced property on
July 19, 2006. The county abatement officer observed junkyard condition consisting of scrap
metal, other scrap materials and salvaged building materials.
Re-inspection of the property on September 06, 2006, showed that the property continued to be
in violation of Contra Costa County Ordinance Code section 82-2 .002, 82-2.006 and 84-52.402.
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 January 04, 2007, and posted the above-
referenced property on January 04, 2007.
The Property owners filed an appeal of Notice and Order to Abate on January 12, 2007. 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.
Vii,•.
Page 2 of 2
� Y
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 16
copies to the Clerk of the Board regarding the below site address
for further handling. The names below should be notified of the
hearing:
Adona Family Trust
P.O. Box 611808
San Jose, CA 95161
Earl & Helen Pellegrini
2477 Southridge Dr.
Palm Springs, CA 92264
Downing Law Firm
109 Geary St . 4th Fl .
San Francisco, CA 94109
SITE: 3930 Main St . , Byron, CA 94514 APN: 002-102-004
SITE: 3940 Main St . , Byron, CA 94514 APN: 002-102-005
Said documents were hand delivered on January 26, 2007 .
I declare under penalty of perjury that the foregoing is true and
correct .
Dated: January 26 , 2007 , at Martinez, California.
PCD CLERK
Clerk of the Board of Supervisors Contra John Cullen
Clerk of the Board
Costaand
County Administration Building County Administrator
651 Pine Street,Rootn 106 County (925)335-1900
Martinez,California 94553-4068
John Gioia,District I =°
Gayle B.Uilkema,District tI -
Mary N.Piepho,District III .
Susan A.Bonilla,District IV o? g
Federal A Glover, District V
has
pA-covn`{'t
February 1, 2007
Adona Family Trust
P.O. Box 611808
San Jose,CA 95161
RE: 3930 Main St.,Byron 94514 APN: 002-102=004
To Whom It May Concern:
In accordance with Contra Costa County Ordinance Code.14-6.4 (Uniform Public Nuisance Abatement
Procedure),you are hereby nctified that Tuesday,.'February 13,2007 at 1:30 p.m.,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): 82-2.002, 82-2.006 and 84-
52.402. 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 AVC
Katherine Sinclair,Deputy Clerk
Attachment
cc: County Counsel
Building Inspection
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BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF:
RE: Name: Adona Family Trust
Address: 3930 & 3940 Main St.,
City: Byron, CA 94514
APN#: 002-102-004 &002-102-005
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:
Adona Family Trust
P.O. Box 611808
San Jose, CA 35161
Earl &Helen Pellegrini
2477 Southridge Drive
Palm Springs, CA 92264
Downing Law Firm
109 Geary St., 4th Floor
San Francisco, CA 94109
I declare under penalty of perjury that the foregoing is true and correct, at Martinez,
California.
Dated: February 1, 2007 ^
Katherine Sinclair, Deputy Clerk
wY
1 John Gregory Downing (state Bar No. 157717)
DOWNING LAW FIRM °
2 109 Geary Street, 41h Floor
3 San Francisco, CA 94108
Tel: (415) 986-3644
41 Fax: (415) 982-5130
5 Attorneys for Appellant
ADONA FAMILY TRUST 2000
6
7 BOARD OF SUPERVISORS — CONTRA COSTA COUNTY
8
IN RE: 3940 MAIN STREET, BYRON, ) NOTICE OF APPEAL FROM ORDER
9 CONTRA COSTA COUNTY (APN 002- ) TO ABATE
102-005) and 3930 MAIN STREET, )
10 BYRON, CONTRA COSTA COUNTY RECEIVED
(APN 002-102-004) �.
11
12 JAN 1 2 2007
CLERK BOARD OF SUPERVISORS
13 ) CONTRA COSTA CO.
14
15 The Adona Family Trust 2000 C'Appellant) owner of the subject real property at
16 3940 Main Street, Byron, California and (APN 002-102-005) and 3930 Main Street,
17 Byron, California (APN 002-102-004) (the "Property's hereby appeals from the January
18 4, 2007 Notice and Orders to Abate (the "Order's on the following grounds:
19 1. Appellant's principal has been incapacitated, but anticipates completing the
20 necessary clean up within 90 days.
21 2. The issue with the concrete is that there are issues with the underlying water
22 line, which supplies water to all of the buildings on Main Street. Until that issue
23 is resolve, all of the concrete cannot be removed.
24 3. Certain of the metal scrap has to be catalogued for purposes of the litigation with
25
PG&E.
26
4. Appellant contends that the site at issue is properly fenced off and does not
27
28 constitute a public nuisance under applicable law.
Notice of Appeal from Order to Abate
�r
1 Dated: January 11, 2007 eDOWNIG W FIRM
2
3 B—
YJohn.G. Downing
4 Attorneys for ADONA FAMILY
TRUST 2000.
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Notice of Appeal from Order to Abate Page 2
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1 PROOF OF SERVICE
(Code of Civ. Proc., §§1013, 2015.5)
2
STATE OF CALIFORNIA, COUNTY OF SANTA CLARA
3
I, Agnes Ruan, declare as follows:
4
I am over eighteen years of age and not a party to the within action; my
5 business address is 1904 Franklin Street, Suite 418, Oakland, CA 94612, I am employed
in San Francisco County, California.
6
On January 11, 2007, I served the following documents:
7
NOTICE OF APPEAL FROM ORDER TO ABATE; and
8
$250 APPEAL FEE
9
on the interested parry, as identified below:
10
Clerk of the Board of Supervisors
11 Contra Costa County
651 Pine Street, 1st Floor
12 Martinez, CA 94553
13 X By Mail: January 11, 2007, I caused true and correct copies of the above-
described documents to placed and sealed in envelopes for collection and
14 mailing with the United States Postal Service on the same day.
15
I declare under penalty of perjury under the laws of the State of California that
16 the foregoing is true and correct and that this declaration was executed on Janua 11,
2007 c
17
18 Agnes.Ru
19
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OWNER: Adona Family Trust
NOTICE AND ORDER TO ABATE
C.C.C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that a junkyard condition consisting of scrap metal,
other scrap materials and salvaged building materials exists on property located
at 3930 Main Street, Byron CA ,Contra Costa County, APN 002-102-004: This
condition is a public nuisance in violation of Contra Costa County Ordinance
Code section 82-2.002, 82-2.006 and 84-52.402.
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE.
You must abate the nuisance by removing the junkyard condition consisting of
scrap metal, other scrap materials and salvaged building materials from the
property within Men (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 junkyard
condition consisting of scrap metal, other scrap materials and salvaged building
materials 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: January 4, 2007
AJ Losad (925) 427-8844
Building Inspector
JML:cje
AFFIDAVIT OF .,POSTING, SERVICE BY MAIL OR HAND DELIVERY
STATE OF CAL,I,FORNIA )
COUNTY OF CONTRA COSTA )
I declare that I am a duly appointed, and qualified employee
of the Building Inspection Department of the County of Contra Costa,
State of California, that pursuant to Uniform Building Code Section
203 and Uniform Housing Code 1990 Edition, Sections 1101, 1102 and
Chapter 1, Subchapter 1, Title 25 of the California Administrative
Code.
X 1 . I deposited attached document (s) in the United States Post
Office in the Town of Byron, certified mail postage
prepaid, return receipt requested, to be persons
hereinafter set forth and in the form attached hereto .
X 2 . I posted the attached documents on the structure on the
property as herein listed.
3 . I have 'mailed a copy of the attached documents to the
following persons C/O the County Clerk.
4 . Hand delivered.
Adona Family Trust
PO Box 611808
San Jose, CA 95161
Earl & Helen Pellegrini :
2477 Southridge Drive
Palm Springs, CA 92264
Downing Law Firm
109 Geary St . 4"' Floor
San Francisco CA 94108
SITE: 3930 Main St . , Byron, CA 94514
APN: 002-120-004
Said notices were mailed/posted on January 4, 2007 .
I declare under "penalty of perjury that the foregoing is true and
correct .
Dated: January 4, 2007 at Brentwood, California.
J LOSADO
B ILDING INSPECTOR I