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Home My WebLink AboutMINUTES - 05211991 - 2.4 a.y THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 21, 1991 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Nielsen Property Code Enforcement The Board received the attached report dated May 21, 1991 from Valentin Alexeeff, Director, Growth Management- and Economic Development. Agency, on the status of code violations relative to a substandard structure on the Nielsen property in the Bethel Island area. Supervisor Torlakson advised that the Nielsens had requested that the matter be postponed for one week since they were unable to attend the meeting today. Board members being in agreement, IT IS ORDERED that the issue of code enforcement on the Nielsen property is CONTINUED to the June 4, 1991 Determination Calendar. cc: Jeffrey Nielsen Jeff Huffaker GMEDA I hereby certify that this Is a truce and correct Copy of County Administrator an action taken end entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: : a/0 /99 PHIL BATCHE Clerk of the Board of Supervisors and County Administrator 13Y 0Y TO: BOARD OF SUPERVISORS FROM: VALENTIN ALEXEEFF, DIRECTOR, GMEDA DATE: MAY 21, 1991 SUBJECT: CODE ENFORCEMENT FOR NIELSEN PROPERTY ON BETHEL ISLAND SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFI- CATION I. Recommended Action. ACCEPT report and PROCEED with abatement procedures if no agreement for correction is in place by June 15, 1991. II. Financial Impact: No calculation at this time. III. Reasons for Recommendations and Background: This issue has occurred as a result of the purchase of a non-permitted, substandard structure by the Nielsen family. The Nielsens have attempted to receive exemption from County standards. The request was denied by the Zoning Administrator on April 16, 1990, by the Planning Commission on June 25, 1990, and by the Board of Supervisors on September 18, 1990. (continued on page 2) Continued on Attachment: X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE,(S): CTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: VA:dg nielsen.bo Orig Dept: GMEDA cc: J. Gregory, CAO D. Silver, CC H. Bragdon, CDD K. Wandry, CDD T.S. Khanna, CDD F. Lew, BID T. Smithey, BID J. Nielsen J. Huffaker Nielsen 5-21-91 Page 2 a The fundamental issue is that the structure is built below flood plain. The flood level is 7 feet and the structure is 5.4.feet. This elevation has been verified by Public Works. The required elevation is 10 feet based on the Bethel Island Specific Plan. Under the circumstances, staff could support raising the structure to 9 feet though 1.0 feet is recommended. The Nielsens contended that there were numerous other properties that did not comply with the flood plain requirements. The Board of Supervisors requested staff to look into this matter. The process was hampered by residents not being home during normal business hours. Staff also investigated at times other than outside normal business hours. Staff is satisfied with the results of their report which determined that there was a single clear violation and several minor violations while the rest of the properties complied with the breadth of the Ordinance. It should be noted that the abatement was not hinged upon inspecting every property in Bethel Island suspected of violation. This was done as a courtesy. To do otherwise would eliminate any enforcement of standards. On March 1.4, 1.991, staff met with the Nielsens and their attorney, Jeff Huffaker, in an effort to explore compliance options. The agreement reached, consisted of staff sending a fee schedule for property development to Huffaker. This occurred the following day. Within a week, the Nielsens were to send a proposal for compliance. No proposal has been received to date. On October 1.6, 1990, in Resolution 90/695 (abatement order), the Board gave the Nielsens thirty days to abate the property and authorized the Building Inspection Department to have the property abated if the Nielsens had not cleared the property by that time. The Nielsens had thirty days from the October 29, 1990 posting of the notice of the abatement resolution to initiate a legal action contesting the abatement. The Nielsens have not cleared the property or brought legal proceedings. Staff is prepared to carry out the abatement immediately but if directed by the Board will wait until June 15, 1991.. ATTACHMENT A TO NIELSEN BOARD ORDER MAY 21 , 1991 CONTRA COSTA COUNTY RECEWCONTRA COSTA OUNTYED BUILDING INSPECTION DEPARTMENT Inter-Office Memo MAY - 6 igg� GROWTH NT AND DATE May 6, 1991 ECONOMIC DEVELOPMENT AGENCY TO Val Alexeeff, GMEDA Director FROM Tom Smithey, Building Inspector II - SUBJ Summarization of Investigation into Alleged Violations of Contra Costa County's Floodplain Ordinance • Eighteen of the targeted residences were located and inspected by myself and other inspectors. • Seven of these homes are in full compliance. • Five are in qualified compliance with no access by inspectors. • Three are , in compliance with comments. • Two are not yet finaled, but in compliance at this time. • One is currently under investigation for violations. I will continue to attempt to perform visual inspection on structures we have not yet had access to. TS:nr cc: Frank Lew .r-' r44 co ca � � a Q00 d »----- kA tL AA PI, N Ci t r Ao ` t 0 0 d o � FR Lr " f. gu t �t t y r � Z � 9M t0 Z 14 L - D Ch 4 °" vy c� N+10C4 • --�.-- ,q � ,, a y,. Vz Ir ILI -ON o rt � �d • = s � �'"�� r. s- $ lip. � �C`J' rill Al *I Iz As �• � K. M - ,-f� ✓f I _ Building Inspection Contra Franklin Lew,S.E. 4Kt1.F'v�O Director of Buildingginspection Department Costa � � y��k County L. T. Gunn Co u n t� Ma / Asst.Dir.of Bldg.Inso. Pine Street, 3rd Floor, Wing ,,,yt� I I Y Martinez, California 94553-1-1 295 (415) 646-2300 March 15, 1991 Jeff Huffaker 511 West .3rd Antioch, CA 94509 Re: APN 028-080-040, Taylor Road, Bethel Island Dear Mr. Huffaker: Enclosed is a fee estimate, including park dedication and sanitary fees, for the cost .of obtaining a building permit for the above referenced location. Additional fees may also be due. If you have any questions, or need further information, you may call me at (415) 646-2309 . Very truly yours, Franklin Lew DIRECTOR OF BUILDING INSPECTION By: L r7 Gunn t: AssDirec ,or of Building Inspection LG:nr Enclosure J 1 _ PLEF2880 FEE MODELING MUST ENTER APPROVAL INITIALS PERMIT: CC BI R PARCEL: 028 080 040 0 . CITY SAN DIST OWNR NIELSEN JEFFRY HARLAN ' SITE TAYLOR RD BTHIS ********************************************************(NON TRA) *********** TRA: 82006 C.T: 3010.00 54 AOB BETHEL ISLAND SCHOOL DIST: 6401 *OAKLEY ELEM 22 ECCTC (SR4) AOB FIRE DIST: 2003 BETHEL ISLAND FIRE PARK DED: DRAINAGE: DRAINAGE AREA BEDRMS: 002 BATH: 01.0 NBR UNIT: 1 ----------------------------------------------------------------------------- VAL CODE DESC AREA @RATE VALUATION 5B TYPE V WOOD FRAME 1232 40.00 49280. 00 HABITABLE 1232 49280. 00 03/15/91 APPL. DATE: 03 15 91 APPROVED: ltg 4BU 1 a 31 03 , 10 LEF2881 FEE ESTIMATOR PERMIT: CC BI 'R PARCEL: 028 080 040 CITY: SAN DIST OWNR: NIELSEN JEFFRY HARLAN SITE: TAYLOR RD BTHIS E S T I M A . T E D :F E E S O N L Y ************ AS OF '03 15 91 TOTAL -ITEMS 17 $ 8213.89 PAGE 1 OF 1 PREFIX: DESCRIPTION: DUE: PD PREFIX: DESCRIPTION: DUE: PD BP1 BLDNG PMT 367.50 X AS1 ADMFEE/LBY 5. 00 X PC PLNPROSFEE 238.88 X AS2 ADMFEE/ELE 15.00 X ES ENGYSURPMT 151.60 X BI1 BETHEL ISL 836.53 X E2 NEW RES EL 42.50 X H BI HANDCHG 25.87 X PL1 NEW RES PL 42.50 X AFI ADMFEEFIRE 20. 00 X M1 NEW RES ME 36. 00 X OOP COMDEVCHG 290.95 X 54RS B IS. S.F. 3347. 00 X 22RS ECCTC SR4 380.00 X 03FR B I FIRE _ 488.00 X 64SH OAKLY/LBTY 1451.08 X 60SO LBTY/OAKLY. = 475.48 X FEE TOT 8213 .89 DUE 8213 . 89 APPROVED: LTG PAY ALL: 03/15/91 4BLT 1 a 31 10, 37 OTHER FEES. POSSIBLY DUE: PARK DEDICATION $1350.00 SANITATION (Hook-up, etc) $3200.00 I OFFICE OF COUNTY COUNSEL DEPUTIES: LTHOFF CONTRA COSTA COUNTY SHAKOILLIP S.AANDER •- �iT SHARON L. ANDERSON ANDREA W.CASSIDY VICKIE L. DAWES COUNTY-ADMIN I ST RATION BUILDING MS.ESTIS MICH E CHAEL D. FARR LILLIAN T.FUJII P.O. BOX 69 DENNIS C.GRAVES MARTINEZ, CALIFORNIA 94553.0006 KEVIN T. KERR EDWARD V. LANE,JR. NN M VICTOR J. WESTMAN TELEPHONE (415) 646-2074 PAUL a MUWIZ MASON COUNTY COUNSEL FAX (415) 646-1078 VALERIE J. RANCHE DAVID F.SCHMIDT J.SILVANO B. MARCHESI VIICTORIAANA SILVE T.WILLIAMS ARTHUR W. WALENTA, JR. ASSISTANTS April 12, 19 91 Jeff Huffaker, Esq. 511 W. 3rd St. Antioch, CA 94509 Re: Jeffrey and Jaci Nielsen Dear Mr. Huffaker: As we have not been able to contact each other this week by telephone, I am writing to ask you when we are going to receive your proposal regarding corrections of your client's property on . Taylor Road. At our March 14, 1991 meeting, you agreed to furnish this proposal after you received the estimated fee estimates for obtaining a building permit. The fee information was sent to you by the Building Inspection Department on March 15, 1991 . To date, we have received no word from you or your clients regarding the proposed corrections . If we do not receive the agreed upon proposal for corrections in the next seven days, we intend to conclude this matter with our report to the Board stating that the Building Inspection Department is going to proceed with abatement of the subject property per the Board' s Resolution 90/695 . I look forward - to hearing from you at your earliest opportunity. Very truly yours, Victor J. Westman County Counsel By: Diana J. Silver Deputy County Counsel DJS/ jh cc : Franklin Lew, Director of Building Inspection Val Alexeef , . Director, GMEDA . John Gregory, County Administrator' s Office bcc: Supervisor Tom Torlakson r � i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTYr CALIFORNIA Adopted this Orderon October 16, 1990 by the following vote: AYES: Supervisors Schroder, rlcPeak, Torlakson and Fanden NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Abatement of ) RESOLUTION 90/ 695 public nuisance and ) Contra Costa County Code debris at 1256 Taylor ) Div. 712; Sec. 712-4.006 Rd. , Bethel Island ) I owner: Jeffry .Narlan Nielsen) Jacquelyn Kaye Nielsen Parcel No: 028-080-040 ) The Board of Supervisors of Contra Costa. County Resolves That: It appears from evidence presented by the ,County Building Inspector the above subject property has a substandard structure that constitutes a hazard to and endangers the health, safety and . welfare of the public and is a public nuisance. The structure is hereby declared substandard and a public nuisance. The owner of the subject property is hereby ordered to clear the site of all structures and debris and leave it in a clean graded condition. If the subject property has not been cleared as ordered within thirty (30) days from the date of this hearing, the Board hereby grants authority to the Building Inspection Department to contract for the clearing of. the subject property. . In the event the County must contract for the work to be done, a lien shall be placed aga.inst. the subject property for the cost of the abatement. The Building Inspection. Department is directed to post and mail notices of this resolution directing abatement of the nuisance in the manner required by law and for the period required prior to any actual abatement. The Building Inspection Department is requested to provide the Board with a status report in 30 days. The Board further directs that appropriate County staff fully enforce the flood plain standards and County codes on Bethel Island. I hereby =04 that this Is a true and correct copy of an action taken and entered on the minutes of the Orig. Dept. :J� Building Inspection Board of superAsonth date shown. cc: Building Insection (4) ATTESTED. 6 t 1 La Community Development PHIL BATCHELOR,Clerk of Ke Boars County Health Department of superAlore and county Administrator Director of Public Works Deputy By RESOLUTION 90/LU . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Date: October 16,1990 MATTER OF RECORD The Chair convened the hearing on the proposed abatement of a geodesic structure at 1256 .Taylor Road, Bethel Island, owned by Jaci and Jeff Nielsen. William Martindale of the Building Inspection Department advised that the subject structure: was illegally constructed approximately 10 years ago by the previous owner of the property. He explained that he was unable to locate in his Department' s files documentation showing that a building permit had been issued for the structure. He noted that the lower portion of the structure is on or below a flood plane and therefore any improvements to the lower level cannot be habitated. Jaci Nielsen, P.O. Box 66, Byron 94514, advised that she would not have any problem with removing the geodesic structure since at this time it did not appear feasible to bring it up to code requirements. However, she expressed concern that the County' s Flood Control Ordinance was not being applied equally to , Bethel Island property owners and specifically those who are in the process of making improvements to their property. She expressed concern that plans submitted to the Building Inspection Department on application of permit reflect storage or studio designation for those areas of a structure on or below the flood plane, but that in reality will be used for bedrooms once the final inspection has been made. Supervisor Torlakson spoke of the many meetings he has participated in ;on code violations in the Bethel Island area including flood plane hazardous conditions. . - He advised of proposals under consideration to address these violations which include a reinspection fee of the structure at some later time, and a land use permit overlay for storage below a flood plain. Board members commented on possible improvements to the structure to allow the current owners to comply .with code requirements as opposed to removing the structure. Mr. Martindale advised that the owners -of the property have up to 30 days to bring in documentation for improving the structure prior to the execution of the abatement order. He agreed to report in 30 days on the disposition of the structure. At the conclusion of the discussion on this matter, the Board then proceeded to adopt Resolution 90/695. THIS IS A MATTER FOR RECORD PURPOSES ONLY