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HomeMy WebLinkAboutMINUTES - 03281995 - H.7 N � ro: BOARD OF SUPERVISORS CADntra FROM: WARREN E. Sheriff CJla By: Capt. J.L. ckowski, Patrol Div. Gr or. /,DATE: �.�l.Jl.l March 1, 1 95 ' ty SUBJECT: Appeal o the Board by Mr. Earl Howard to request suspension of the enforcement of Abandoned Vehicle Ordinance, 95-2 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOWA[ENDED ACTION: r Authorize the Sheriff to proceed with enforcement of County Ordinance 86-58* (formerly) and 95-2, (currently) requiring the removal of an inoperable vehicle or parts thereof from private property, located at 75 Shore Rd., Bay Point. The Sheriff requests the Board deny the appeal and direct the Sheriff to proceed with the abatement action as scheduled. H. BACKGROUND INFORMATION: On December 19, 1994, Mr. Earl Howard called stating he was removing a 1970 Mustang from the property and the 1969 Mustang and Ford truck were being repaired. On January 19, 1995, Mr. Earl Howard picked up the certified letter, Notice of Intent to Abate Abandoned Vehicles. February 2, 1995, Sheriff Warren E. Rupf was served a demand for hearing to present defense. A Notice of Public Hearing, Appeals to Abate Abandoned Vehicles was scheduled for Monday, February 27, 1995, 1330 hrs. A reinspection of the site was conducted on February 13, 1995. One of the Mustang's was removed from the site, but more car parts were added to the site, specifically, a top to a Scout, a vehicle frame and a motor in the middle of the front yard. Photographs were taken of the site. I An Administrative Hearing was conducted to consider the appeal on Monday, February 27, 1995 in front of Catherine Kutusuris, Zoning Administrator. The hearing officer denied the appeal and advised the property owner to immediately remove all inoperable vehicles and parts thereof. III. SUPPORTING DOCUMENTS: Copies of all memos, letters and copy of Ordinance 95-2 CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR REC ENDAT N OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON March 28 , 1995 APPROVED AS RECOMMENDED X OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above matter. The hearing was opened and Mr. EarlHoward appeared and presented testimony on his appeal . The hearing was closed. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED and the appeal by Mr. Earl Howard is DENIED. VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Mr. Earl Howard ATTESTED March 28 , 1995 Sheriff-Abandoned Vehicle Dept. County Counsel \ M362/7-e3 BY rlllm DEPUTY BLDG INSP INQUIRY -- ENTER PARCEL NBR 098 - 052 - 032 PCL NO 098-052-032-4 SITE 75 SHORE RD BAYPT USE CODE 11 100.0% S OWNR HOWARD EARL NOTF P 0 BOX 31522 94598 WALNUT CREEK CA **************************** BUILDING INSPECTION ****************************** SITE DESC SHORE ACRES #1 LOT 52 LESS M R NTC TO FROM SCHOOL FEE ACRE **** TRA 79101 **** PARK DED CEN-TRT 3142.00 SANITATION 7A ZN 1 DRNGE FEE ZONING R-6 CONTRA COSTA WATER SEISMIC ZN FLD HZD ZN EL MT DIABLO UNIFIED SUP DIST 5 TRACT -AOB EAST CC MIT **PERMITS** AG DP AR NUMBER CD TYPE SP ISSUED LAST ACT ST CLASS LIC NO CC BI 5 RF920898 RF 10/06/92 10/07/92 C CC BI 5 RV920108 RV 09/29/92 10/16/92 C CC BI 6 0000177002 E 03/25/92 04/28/93 F *OB 10031 CC BI 5 RV880336 RV 12/05/88 06/20/89 C 11/22/94 HIT PA1 FOR TAX DIST OVERFLOW LFF2765 Sf,0 Aa %N-fRA COSTA COUNTY • SHERIFF-CORONER 1980 Muir Rd O ( ,�, o r.✓A�.�, Martinez,California 945 " ABANDONED VEHICLE COMPLAINT Date of Complaint Date of Inspection RF Number Date Abatement Ordered Assessors Parcel Number Address of Vehicle G iZ� License State V.I.N. Make Model Color Body Type Jj,- ,-7 Z7Nl g1e%O.?_? 7> "�G�6�t- CI✓A.cst..J Z—�_ TA.✓ 2. ��� Z�L✓ /�-�O. 5'T A 2 .r /%Y.9 S g � • / G.�� /y r��,..� ��r V�v� 3. Gt-`G 77-/OP-7`1 F.�a /L1y✓ /AN CG..•vT Za 2 " 4. NGic �, c vE�� aJ S/✓<Lc. G�./ Lv�, .G/ �it ii4�..J R(.rrc.F 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. - 19. 20. 21. 22. 23. 24. 25. 26. Tountg of Tontru (Costa Of f irr of t.4e �$ljrrif f-(f nrnrcer Warren E.Rupf 5heriN•Cororket NOTICE OF INTENT TO ABATE ABANDONED VE ICIM Francis Marie Willis Date:I November 22, 1994 2005 E. 26th St. RVS: 94-155 Oakland, CA 94606 PARCELi#: 098-052-032 ADDRESS: 75 Shore Rd., Bay Point, CA Vehicle(s) were observed by this Department, (see attached inventory) on property owned by you or under your control, in an abandoned condition. County Ordinance 86-58 requires the removal, as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicles(s), or parts thereof from public or private property. Said vehicles(s) are in violation of this Ordinance and must be removed. The cost will be billed to you. Failure to pay the bill will result in a special assessment to the owner of the land as shown on the last equalized assessment roll. HEARING RIGHTS If you contend that these vehicle are not subject to abatement you are entitled to a hearing. You may request a hearing by contacting the Contra Costa County Sheriffs Office in writing ,stating the reason for the denial, within 10 days of the postmarked date of this notice. Your presence is not required at the hearing. If you do not own the vehicle(s) and they were placed on your property without your consent they will be removed by this Department at no expense to you. If you wish to remove the vehicle(s) yourself contact the Abandoned Vehicle Abatement Program. If you have questions regarding this letter contact the Abandoned Vehicle Abatement Program at (510) 313-2796. Sincerely, WARREN E. RUFF, Sheriff i -OL '"7 Nancy Perry White, Sr. Clerk ABANDONED VEHICLE ABATFMEM PROGRAM 1980 Muir Road•Martinez,California 94553-4800 (510)313-2500 t , CONTRA COSTA COUNTY OFFICE OF TIM SHBRZFF 1980 Muir Rd. Martinez, CA 94553 Date: Referenced Vehicle-Sheriffl: rUS' �y- Assessor's Parcel Slumber: ©f, f_rS -03�- fl) Proflerty Description: Location 7S"" Property Desciption , (2) tuner: ' Property Owner 6t.,-P Address 700 -0— �!S"�z Gc.����` ��� r,4 5;;4syl r � VEHICLE DESCRIPTION 1 YearMake Model Color ic. i 4. ate: a zz Registered Owner / y Address: a0laoa e. pZ,6 rte: dT c��- r LJ9 f..161-46 Lecalowner: buyer: Year bf Make -:9;�4eC __Model c o 1 o C Ta.-S f 9 e• G i e iste ed e : �. Address: �230 Legal ower Buyer: .'-'�..f_P ,,, ZZ 3 Year Make od color c. - O — T _Date: gegisterod Owners u' Address: ,&e_gal Owner: Buyer: .(4) Year --- Make tx-IZ Model T OU color a— aoexLz� C C Reaisterede : Address: Local Owner: Buyer: r�r s' f Toutitg of T'antra Lo5ta Offirr of thr 1�1irriff-(rnrnxtrr Warren E.Rupt Sheriff-Coronet NOTICE OF INTENT TO ABATE ABANDONED VEHICLES Earl Howard Date: November 22, 1994 P.O. Box 31522 RVS: 94-155 Walnut Creek, CA 94598 PARCEL#: 098-052-032 ADDRESS: 75 Shore Rd., Bay Point, CA Vehicle(s) were observed by this Department, (see attached inventory) on property owned by you or under your control, in an abandoned condition. County Ordinance 86-58 requires the removal, as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicles(s), or parts thereof from public or private property. Said vehicles(s) are in violation of this Ordinance and must be removed. The cost will be billed to you. Failure to pay the bill will result in a special assessment to the owner of the land as shown on the last equalized assessment roll. HEARING RIGHTS If you contend that these vehicle are not subject to abatement you are entitled to a hearing. You may request a hearing by contacting the Contra Costa County Sheriffs Office in writing ,stating the reason for the denial, within 10 days of the postmarked date of this notice. Your presence is not required at the hearing. If you do not own the vehicle(s) and they were placed on your property without your consent they will be removed by this Department at no expense to you. If you wish to remove the vehicle(s) yourself contact the Abandoned Vehicle Abatement Program. If you have questions regarding this letter contact the Abandoned Vehicle Abatement Program at (510) 313-2796. Sincerely, WARREN E. RUFF, Sheriff Nancy Perry White, Sr. Clerk ABANDONED VEHICLE ABATEMENT PROGRAM 1980 Muir Road•Martinez,Calitomia 94553-4800 (510)313-2500 CONTRA COSTA COIMMT OFFICE OF TER BR=F! 1480 Muir Rd. Martinesj CA 94553 Date: Referenced vehicle-Sheriff#: rUS5/� /SJ`r Assessor's Parcel Slumber: 3�- 11_. 1 Vroperty Descrintiog:, Location__ 7S .��6-tz A!!?-.,;ol � Property Desciption , (2) er: Property Owner, ,P Address 62 ref- r� yEMICLE DESC XPTION fl) Year Make Model dolor LiC.#,��J�sl�yi ,91iCy� �3 Lid. Exp ate , /�Z%9v Registered Owner Address: oluo 7 DZ46 f .dr Dc• „ �i'A16019 Legal Owners Buyer: Year Make Model C .mowV.I N ToZ s ate• /e;//,t — egistere§ ddress• -;23t1 Legal owner: j Buyer: Z 2 3 ear 447 XaLke,,,-�� od Color Lie. ---- v c . at • Registered owe • cv Address: Leaal owner: Buyer: 141 YearMake ode x�Lt r c Registered e Address: Legal owner: Buyers '�^ NOTICE OF A PUBLIC H ARING You are hereby notified that on MOND Y. FEBRUA�7_1998 at 1:30 p.m. in Room 107, McBrien Administration Building, 651 Pine Street, Martinez, California, the County Zoning Administrator will consider APPEALS TO ABATE ABANDONED VEHICHLES described as follows: #4250 ARTHUR ROAD, MARTINEZ, PARCEL #380-141-009; Earl A. &Theds C. Daniel property. Action #RVS 94.116. One heavy duty Chevrolet truck frame with partial cab, no license plate, no Vehicle Indentification Number, spanning the sidewalk. Action started 9-27-94. If you challenge the project 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. For further details,contact the Contra Costa County Sheriff's Department, NANCY WHITE at (510) 313-2796. Harvey E. Bragdon, Director Contra Costa County Community Development Department TOTAL P.01 OFFICE OF THEOHERIFF WARREN E. RUPF Contra Costa County Sheriff ` Field Operations Gerald T.Mitosinka 1980 Muir Rd. Assistant Sheriff Martinez, CA 94453-0039 (520)313-2400 Rodger L.Davis Assistant Sheriff Dates February 23, 1945 To: Katherine Kutsuris, Zoning Administrator Zoning Administrator, Community Development From: Captain ],. L. ackowski, Patrol Division Commander By: �n Il, andoned Vehicle Abatement Program Subiect; Vehi ement, 75 Shore Rd., Bay Point/ Parcel x'098-052-032 Background On October 14, 1994, a complaint was received from the West Pittsburg Municipal Advisory Committee regarding inoperable vehicles and trash at this location. An inspection was conducted on October 26, 1994, and a notice was sent out to abate four inoperable vehicles. We have done several vehicle abatements at this location in the past and there are always vehicles and garbage being collected in the front yard and driveway areas. Authority Section 22660 of the California Vehicle Code allows the County to adopt an ordinance establishing procedures for the abatement and removal, as possible nuisances, of abandoned, wrecked, dismantled, and/or inoperative vehicles or parts thereof from private property. Contra Costa County adopted County Ordinance 86-S8 establishing local abatement procedures for the removal of abandoned, wrecked, dismantled, and/or Inoperative vehicles or parts thereof from private property. The ordinance was amended under County Ordinance 95-2 to make the Office of the Sheriff the agency responsible for the enforcement of the provisions of the Abandoned Vehicle Abatement Program. Action Taken On December 19, 1994, Mr. Earl Howard called stating he was removing a 1970 Mustang from the property and the 1969 Mustang and Ford truck were being repaired. On January 19, 1995, Mr. Earl Howard picked up the certified letter, Notice of Intent to Abate Abandoned Vehicles. February 2, 1995, Sheriff Warren E. Rupf was served a demand for hearing to present defense. A Notice of Public Hearing, Appeals to Abate Abandoned Vehicles was scheduled for Monday, February 27, 1995, 1330 hrs. A reinspection of the site was conducted on February 13, 1995. One of the Mustang's was removed from the site, but more car parts were added to the site, specifically, a top to a Scout, a vehicle frame and a motor in the middle of the front yard. Photographs were taken of the site. Recommendation Advise Mr. Howard to remove all the inoperable vehicles and parts thereof immediately, and if he alleges some of the vehicles are operable, he needs to demonstrate the operability of these vehicle immediately« If this matter cannot be resolved at the appeal hearing, please advise Mr. Howard he had the right to appeal and have a hearing in front of the full Board of Supervisors. 1f Mr. Howard desires to appear in front of the full Board of Supervisors, please have him contact the Clerk of the Board within ten days of the date of the hearing or we will proceed with the planned abatement. OFFICE OF THE PAERIFF • WARREN E. RUFF Contra Costa County Sheriff Field Operations Gerald T.Mitosinka 1980 Muir Rd. Assistant Sheriff Martinez,CA 94553-0039 (510)313-2500 Rodger L.Davis Assistant Sheriff Date: February 27, 1995 To: Mr. Vic Westman, County Counsel From: WARREN E. RUPF, Sheriff By: Gerald T. Mitosinka, Assistant Sheriff Subject: Private Property Abatement Hearing - Mr. Earl Howard Reference: Ordinance 95-2 (Abandoned Vehicle Abatement Ordinance Amendments-Administration and Enforcement) Chapter 430-8, Hearings & Appeals Please find attached: 1. Proof of Service by Mail, RVS: 94-155, Notice of Defense (11506 GC) 2. Request for Entry of Default, RVS: 94-155, Delivered by Mr. Howard, 2-24-95 The attached documents were those briefly discussed with you by Captain J.L. Gackowski, Corrunander, Patrol Division, (510) 313-2510, on this date. The attachments were received in response to an Abatement Hearing, Monday, February 27, 1995, which was scheduled at Mr. Howard's request. We are simply asking that they be reviewed in the event we receive similar documents in the future. What is the obligation of the Office of the Sheriff in response to Mr. Howard's documents? cc: AVAP File Earl Howard File " PARTY wirmOUt ATTOPNEY ft rw m awAd"ct C,� #AY TILEP "No.. sow Lown uss ONLY bol t t\J G4 N S(oS" Sup .3UR�A fia NAME OF COURTt STREV ADDRESS: &MLO G ADDRESS: y S C L V ii C. CITYAND ZIP C OM: t'" 64--�, V LL,aq dRANc"NAME: PLAINTIFF:C%->�A QSM 0%CR. 04k A PROOF OF SERVICE BY MAIL CASENUABER (CCP Sections 1013a,2015.5) ZUSO 914 -I SS 1 declare that: `I. At the time of service I was at least 18 years of age and not a parry to this legal action. 2. l am a resident of or employed in the county where the mailing occurred. 3. My business or residence address is:__ 381 AA,f iAyn ST _QWA4(oald CA q46!0 A. J served copes of the following paper(s)in the manner shown: a. Papers served [list exact titles of paper(s)]: ` �CSt%Co. O-� ok�tv-"— b. Manner of service: by placing true copies in a sealed envelope addressed to each person whose name and address is given below and: !g depositing the envelope in the United States Mail with the postage fully prepaid;or D , (if deposited at a business:)Placing for collection and mailing following ordinary business practices, I am readily farruliar with the business practice for collection and processing of correspondence for mailing with the United States Post Office. The correspondence will be deposited with the United States Post office on the same date as the date of deposit(below)in the ordinary course of business. (1) Date of Deposit: 2---3- 95 (2) Place of Deposit(city&state;business address if deposited at a business):l"AV-1,4n1 N Cc� 1 t Cno cl+ , 3. 1 declare under penalty of perjury and!Zthlaws of State of California that the foregoing is true and correct. Executed on r L�( California. Print Name: vv �� (Signatur Person Who Served Papers] Name and Address of Each Person to Whom Documents Were Mailed: 1180 Mm P, 900.4 (V\tvt-�r\kZ C41khVA(A jVM,3 jS Additional names and addresses on reverse. PROOF OF SERVICE BY MAIL abWj G6- Ct%A Sbs Ba is �, Y'UiS�2a �a. �irztea. C LA� {,s� Pt�. lYlpn�+vv+�Z� Ca a4 ss3 �j .y: �. �r - -�1iM.� _ �.w,�..J.rr.. ..:�':�JDthi:►•.�Li.�.W. .._ j ny 'p M a tJI,C 4 S�> 'Z,f.6r-> � -4:4 C i cowr' * ob AG abL A b lj "tw R V s : (ILI 4: vt. �1� CxvQ2ormmQtiLt Cc,dt c q . Gt • iy..'�J.►STr.�V•Jr. .� �►� Paw W-z- �vs: gy-155 2 P ctqr u oz +i b 512 G, 41, CA-Lnr 't �it�%t -�'�~• t �� •�.�;::i �f u'�'~�'x�� t - -- .._._._ /.AIS•7'1�"►� ��� :]L�:�L..�tJ3:.i�• .s• ._.. _.._... ..1r.•.:.::• 14'jo 0., 1 15o 7 -. . __. . . - i CLoL� Lbs �!- mum wur.-oroll ? C`� OLA, uwLagati�mp-J `=' Cad � � � �o#u�•. �.a��d�aiwc�..`' �' Lodwoo Gy INL C. Pw C�Q - � - t� s , 94 %-r - - t ct cap Ler Ln4v iiiillllu,6- 7 04 lit :r Xyr-I _ f //��� +y if �j '+t1 4W4A CLIA _ p �� .,; ;��',�w .TI+ l.r.+,t �.;Tj ►+v -�-i. e;c ' :.j �' ti. : •:i���,• r�;Ai'la, - ----- - —v.L�.1.�, • ._ _ . _- -- --- .---- --.-----.--_._._--.,mss_--. �,o ATTORNEY OR PARTY w1TMOUT ATTORNEY/Awns anM AOWD aJ: TELEPHONE NQ: IOR CWMr ust oAtr a -Q 5«, LASQ.4( (oo RTTORNEY POR xw,r.r: S(A I Q L O-N Irron norm or court ant!funis or Poetical dortm Mk OranM ooun.N WW.. � .�wc�c• ohuc � ti PLAINTIFF: ll ►,ti'l�uv► »EFENDANT- ? �•/ REQUEST FOR ENTRY OF DEFAULT ® CLERK'S JUDGMENT (Application) Q COURT JUDGMENT -gig Li-L- 1. 1. TO THE CLERK: Qn the complaint or cross-complaint filed a. On fdetel: N L%ieMUely- �-7 ►q 9 q b. By theme): WWIrowx 94 F — Sh\L-ukE- C. Q Enter default of defendant (names): � FcL9U&M d. Q] I request a court judgment under CCP 585(b),(c).989,etc.(Testimony required.App/ e d less the court will enter s judgment on an o idevit under CCP 5851d).) e. ® Enter clerk's judgment U (1) iE For restitution of the premises only and issue a writ of execution on of not apply. (CCP 1169) Q Include in the judgment all tenants, subtenants, ngmed claimants, and other occupants of the premises.The Prejudgment Claim of RigNt to Possession was served in compliance with CCP 415.46. (2) Under CCP 585(a). (Complete the declaration under CCP 585.5 on the reverse !item 31.1 (3) For default previously entered on /date): 2. Judgment to be entered Amount Credits Acknowledged Balance a. Demand of complaint . . . . .. .. . . $ $ b. Statement of damages(CCP 425.11) )superior court only)b (1) Special. . . . .... . . .. .. . . . . $ i • (2) General . .. .... . .. . . . . . $ i i 1~ Interest . . . . .. . . .. ... .. .. . , III $ t 4. Costs )see reverse) . .. . .. .. . . . . $ i $ aAttorney fees . . ........ . .. . . . $ $ $ ). . ALS ......... .. ...... . . . .4 9: Daly damages were demanded in complaint at the tate of. $ n (date): Date: _ . ... ?:D.•.. .. . . .... . .. . . r MW OR AMIINT NAIMEI NATURE OF M AaQM OR MORNEY FOR f6"MFF1 Personal injury or wrongful death actions on* (1) Default entered as requested on Idere): FOR COURT (2) Default NOT entered as requested USE ONLY /state reason): By: (Continued on reverse) f0m mot by"* REQUEST FOR ENTRY OF DEFAULT tea of CjW ftWM&Ma#1536-637.1169 _--.luebwl Counea of eaMomis IlAoodcatien to EMar Default) ---- 0 SHORT TITLE CASE NUMK t C kv S '. Cl (4 - 1 5-S DECLARATION UNDER CCP 585.5 (Required for clerk's judgment under CCP 58510 This action a. is M is not on a contract or installment sale for goods or services subject to CC 1801, etc. (Unruh Act). b. is is not _on a conditional sales contract subject to CC 2981,eta(Rees-Lavering Motor Vehicle Sales and Finance Act). .a, is Misnot on an obligation for goods, services, loans, or extensions of credit subject to CCP 395(b). . DECLARATION OF MAILING (CCP 587) A copy of this Request for Entry of Default was a. ,Q not mailed to the following defendants whose addresses are unknown to plaintiff or plaintiff's attorney (names): .b, r-1 mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, If none,to each defendant's last known address as follows: (1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes): ZX Wasv P -Si iR?L. N u%r ad hioiMV4 y<5.3 q 5 r c t1Lc Dr fl, t-t4'buY5 Cm 9'44 !" Ys�J t �(tj E .S i .11b,MJ Q-Z Com.. r,y S:r 7 1 declare under penalty of perjury under the laws of the State of California that the foregoing items 3 and 4 are true and correct tate: VPE op PRINT M1 (T1ME1• (SIGNATURE OF OECLARAPM 3. MEMORANDUM OF COSTS (Required if judgment requested) Costs and Disbursements are as follows{CCP 1033.5): a. Clerk's filing fees. ..... ..... . . . . . . . . s) b. Process server's fees . .. . . . . . . . . . . . » . _ - a Other (specify): . . . . . . . . . . . . . . . . . . . . $ d. . .. .. . . . . ... . . . . ... .. . .. . . . . . . . _ e. TOTAL . . . . .. . .... ... .. .... . . . . . . >f I. M Costs and disbursements aro waived. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this cass I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date: ............. .. . .. . . . ..... .. . .. . . . . . . ... . . . . . ITypt oR MINT NAME} (SIGNATURE OF 0@CLARANTI 6•Q DECLARATION OF NONMILITARY STATUS (Required for a judgment) No defendant named in item tc of the application is in the military service so as to be entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. Appen. 1 501 at am). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date: . . . . . . . . . . . . . . . M"I on MINT NAME)• (SIGNATURE OF QECLARAW) •NOrf.•Continued use of form 982(a)(6) (Rev. July 1..19881 is authorized until.tune 30, 1992 except M unlawful detainer proceedings. 9821a1(8))Rev seotemew 30,1491.1 REQUEST FOR ENTRY OF DEFAULT i►.,r.e.ro N (Application to Enter Default) From; Earl Howard 75 shore Rd. Bay Point, Calif. SUI JURIS, FREEMAN Feb.24,1995 To: Clerk of the Court Delta Municipal Court 45 Civic Dr. AFFIDAVIT OF DEFAULT Pittsburg, Calif. 94565 RE: REFUSAL to enclosed correspondence, Case # RVS:94-155 Your response (enclosed copy) , to my Notice of Defense, per section 11506 of the Government Code is inappropriate, unreasonable, and does not adress theissuses raised; it is therefore refused for cause. You are Not a State Government Agency,according to the State Board of Control Xv.-an'erititp-in your corporation, you have No authority to compel performance upon it 's corporate statutes or corporate rules unless you are the holder- in-due course of some contract or commercial agreement between it and the one on whom it 's demands for performance are made, AND is willing toproduce said document, and placethe same into evidence before trying to enforce it 's demand The Clearfield Doctrine will inform you of this;Clearfield trust Co. v. United States,318, US363-371 . You have failed tocomply with my request for information, Administrative Interogatories; Therefore a fault exists as set forth in UCC1-201 (16) .All your actions from the begining are null,and void as set forth in UCC1 -103. I hereby make this legal determination: The fraudulent unconscion ble contract,Notice of Intent to Abate and resultant case number RVS: 4-155, are discharged per. UCC 3-501 Sincerly; Earl Howard;SUI J ,FREEMAN 1.5�LS�VIS ;ice:-f jLLi. Cf ountg of (f vntru T-ostu Of f ire of #4e 44erif f 4f oroner Warren E.Rupf Sheriff•Coromr March 1, 1995 Mr. Earl Howard 75 Shore Road Bay Point, CA 94565 Dear Mr. Howard: On February 2, 1995, you requested a hearing regarding the proposed abatement of the inoperable vehicles on your property at 75 Shore Road, Bay Point. An administrative hearing was conducted to consider your appeal on Monday, February 27, 1995, at 1:30 p.m. in Room 107, McBrien Administration Building, 651 Pine Street, Martinez, CA. The hearing officer, Katherine Kutsuris, denied your appeal. You were advised to remove all the inoperable vehicles and parts thereof immediately. .If some of these vehicles are operable, you need to demonstrate the operability of these vehicles immediately. If you wish to appeal the decision of the hearing officer, you have the right to have a hearing in front of the Board of Supervisors. In order to do this, you need to contact the Clerk of the Board of Supervisors within ten days of the date of this letter or we will proceed with the abatement. Sincerely, WARREN E. RUFF, Sheriff eJ. acowser, Patrol Division cc: Vic Westman, County Counsel Earl Howard, P.O. Box 31522, W.C. 94598 file 1980 Muir Road•Martinez,California 94553-4800 (510)313-2500 . OFFICE OF THE SIREFAF WARRFN E. RUFF Contra Costa County Sheriff Field Operations Gerald T. Mitosinka Patrol Division Assistant Sheriff 1980 Muir Road Martinez, CA 94553-0039C(Dip Roger L. Davis (510)313-2500 Assistant Sheriff Date: March 2, 1995 To: VVhoreeRd., man, County Counsel From: WRUPF, Sheriff BMitosinka, Assistant Sheriff .Subject: Ce from Earl Howard, February 27, 1995 o Bay Point, RVS 94-155 The attached letter was received, by certified mail, on March 1, 1995 from Mr. Earl Howard regarding Abandoned Vehicle Abatement Action,RVS 94-155, APN: 098-052-032. Mr. Howard appeared at an Appeal Hearing before Catherine Kuturis, Zoning Administrator, on Monday, February 28, 1995. Mr. Howard's appeal was denied and the abatement action will continue. It is expected that. Mr. Howard will request a hearing in front of the full Board of Supervisors. We ask that the communication be reviewed and advise as to what, if any action, should be taken by the Sheriffs Office. If you require additional information, please contact Capt. J.L. Gackowski, Commander, Patrol Division, (510)313-2510. cc: AVAP File Earl Howard File From: Earl Howard 75 Shore Rd. Bay Point, Calif. SUI KRIS,FREEMAN February 27,1995 To: Clerk of the Board of Supervisors Affidavit of Default 651 Pine St. Martinez,Calif. Warren E Rupf-Sheriff 1980 Muir Rd. Martinez Calif. Re: Answer to your response to my"Notice of Defend',2/15/95. The County of Contra Costa and The Board of Supervisors of Contra Costa County and The Sheriff of Contra Costa is in default!. You have denied discovery to me per Section 11507.6 of the Government Code.You failed to comply with my request for information,(Administrative Interogatories);Therefore a fault exists as set forth in UCC 1-201(16).All your actions from the begining are null and void as set forth inUCC 1-103. You denied to me my Administrative remedy,Due Process and Equal Protection under the law as per the Constitution of the United States and the Constitution of the State of California and Federal Case law. As per Section 115 11.5,Government Code,you have failed to: Explore settlement possblities,Prepare stipulation,Clarify Issues,Allow objections to proffers of evidence and allow other matters as shall promote the orderly and prompt conduct of a heating. In this respect you have failed to show ability to prosecute,the Sheriffs claim. THEREFORE:I swear these facts are true and correct by personal knowledge;It is my legal determination that further presatment by;but not limited to,The Board of Supervisors of Contra Costa County The Sheriff of Contra Costa County or the Court(s)is under fraudulent unconscienable contract as out limed in UCC 2-302.In addition,yu tment is discharged per UCC3-601.It is clear by your response you do not understan the courts and the judicial system.No further correspondece is warranted in the matter. incere - 1 Ho /95 CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Zoning Administrator Community Development Department DATE: March 10, 1995 FROM: -, Ann Cervelli, Deputy Clerk W Clerk of the Board of Supervisors SUBJECT: Abandoned Vehicle Abatement Appeal On March 9, 1995, Mr. Earl Howard presented the attached appeal to this office. Mr. Howard's appeal has been tentatively schedule for March 28, 1995. If Mr. Howard' s appeal is not timely or there is any other reason the appeal should not be heard by the Board of Supervisors, please notify me immediately. If the appeal is timely and should be heard by the Board of Supervisors on March 28, 1995, at 2 P.M. , please advise this . office in writing by March 15, 1995, and provide a list of people to be notified along with their addresses. Material to be considered by the Board on March 28, 1995, should be provided to this office by March 22, 1995. Thank you. ac attachment CC: County Counsel-D. Silver Sheriff-Coroner-Abandoned Vehicle Abatement Office-Nancy County Administrator-John Gregory 141 RECEIVED MAR - 9 4 PAM From: Earl Howard CLERK BOARD OF SUFERVISORS ; CONTRA CC'S CO 75 Shore Rd. Bay Point ,Calif. SUI JURIS,FREEMAN March 9 ,1995 To: Clerk of the Board of Supervisors Administrative Appeal 651 Pine St. Martinez , Calif to the Board of Supervisors I Warren E Rupf-Sheriff 1980 Muir Rd. Martinez,Calif. Re: RV 94-155 I am appealing the decision by the Community Development Department to abate vehicles that I own. This decision was made on March 2, 1995. The hearing officer lacked jurisdiction and lacked authority to hold a hearing on this matterC as at the time the County of Contra Costa , the Board of Supervisors of Contra Costa County and the Sheriffs Department are in Default. When you are in Default you can not hold the hearing. You have denied discovery to me per Section 11507.6 of the Government Code. You failed to comply with my request for information,(Administrative Interogatories);Therefore a fault exists as set forth in UCC Page2l-201(16). All your actions from the begining are null and void as set forth in UCC I-103. You denied to me my RIGHT to administrative remedy as per the First Arnmendment of the United States Constitution, which reads" Congress shall make no law respecting and establishment of religion or prohibiting the free exercise thereofor abridging the freedom of speech,or of the press; or the right of the people peaceably to assemble,AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCE." AMENDMENT 6(U.S. Constitution) "In all criminal prosecutions,the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been commited,which district shall have been previously ascertainedby law and to be informed of the nature and cause of the accusation;to be confronted with the witnessess against him;to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense. Page 2, You have also denied to me my right to administrative remedy as per the Constitution of the state of California and Federal Case law. As per Section 11511.5,Government Code,you have failed to; Explore settlement possibilities, Prepare stipulations ,Clarify Issuses ,Allow objections to proffers of evidenceand allow other matters as shall promote the orderly and prompt conduct of a hearing. In this respect you have failed to show ablilty to prosecute the Sheriff's claim The Sheriff threatens to violate the 4th Amendment of the United States Constitution.(which reads) The right of the people to be secure in their persons,houses,papers and effects,against unreasonable searches and seizures , SHALL NOT BE VIOLATED,and no warrants shall,issue but upon probable cause, supported by oath or affirmation and particularly describing the place and things to be searched, and the persons or things to be seized. A warrant to seize has not been issued. An attempt by the Sheriff to seize without a warrant will be a cle, violation of the 4th amendment. I request that the Board of Supervisors permanently stop any further action in this matter by the Community Development Department akny other administrative office or department and to stop any further action specificall by the S eriff partment. Since y: Earl award- Respondant Dated 3/9/95 Warren E Rupf-Sheriff 1980 Muir Rd. The Board of SupervisoeC{aCltl'c' Phil Batchelor Clerk of the Board Costa County Administration Building County Administrator 651 Pine Street,Room 106 (SID)SW2371 Martinez,California 94553.1293 County dim Rogers,1st Dis W Jeff Smith.2nd District t. Gayle Bishop,3rd District Mark DeSsuinier,4th District v ,I Tom Tottakson,5th District March 16, 1995 Mr. Earl Howard P.O. Box 31522 Walnut Creek, CA 94598 Pursuant to Ordinance No. 95-2, Section 430-8. 014 (b) , you are hereby notified that your appeal from the decision of the Zoning Administrator relative to vehicles which you own will be heard by the Board of Supervisors on March 28, 1995, at 2 F.M. in the Board Chambers located at 651 Pine Street, Room 107, in Martinez, California. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and Count Ad 'nistrator By (1lb uty er cc: County Counsel Sheriff's Office-Abandoned Vehicle Abatement Earl Howard 75 Shore Road Bay Point, CA 94565 Francis Marie Willis 2005 E. 26th Street Oakland, CA 94606 (f auntg of Tantrta T-osta Off ire of the S4erif f-Toroxcer Warren E.Rupf Sheriff-Coroner March 16, 1995 Mr. Earl Howard 75 Shore Road Bay Point, CA 94565 Re: RVS 94-155 Mr. Howard: The following is in response to your correspondence of March 9, 1995. I have been advised by staff that a hearing has been scheduled before the Board of Supervisors on March 28, 1995, regarding this matter. Further, that County Counsel has had an opportunity to review your correspondence to date. It is my intention to await the decision of the Board regarding this matter; have that decision and our steps to date reviewed by County Counsel; and then, take whatever action is appropriate. Sincerely, WARREN E. RUPF, Sheriff GERALD T. MITOSINKA, Assistant Sheriff cc: Clerk of the Board N. White 1980 Muir Road•Martinez,California 94553-4800 (510)313-2500 Date: (� l F RM BEQUEST To SPEAK O (Two [2] Minute Limit) Complete this form and ce it in the box near the speakers' rostrum before addressing the Board. � i�i/ 1 Phone: Name Address: —7 S S�nvx ,d City: o K-C I am speaking for: �9 Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # My comments will be: ❑ General ❑ For ❑,,(rAgainst I wish to speak on the subject of: y J q T 1 ❑ I do not wish to speak but leave these comments for the Board to consider: SPEAKERS 1. Deposit the "Request To Speak Form" (on the reverse side) in the box next to the speakers' microphone before your item is to be considered. 2. You will be called to make your presentation. Please speak into the microphone. 3. Begin by stating your name and address; whether you are speaking for yourself or as a representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation, if available. 5. Please limit your presentation to two (2) minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard.) UNITED STATES POSQSERVICE • OFFICIAL BUSI S SENDER INSTRUCTIONS Print your name,address and 21P Code tthe space below. Complete kerns 1,2,3,and 4 on the U reverse. �p • Attach to front of article if apace permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, 8300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO elexk* a"-.9 T=WJ lizE ag,sc: • SENDER: Comple a items 1 and,2 when additional services are desired, and complete Items 3 and 4. Put your address in' RETURN TO"Space on the reverse side.Failure this will prevent this card from being,return to you,.Th etum recel t fee will rovide ou the na f the arson delivered to and the date of deliverv.Fora t ona ees the following services are available.Consult postmaster Mor fees and check ox es for additional service(s)requested. 1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number T of Service: ander a�-ru S DJOVT LJ"Istered E]Insured I q Certified ❑COD LA AJ C(460 ❑ Express Mail afteturn ecea.Z Always obtain signature of addressee tj or agent and DATE DEUVER ED. um 5 S ur s8. Addressee's Address (ONLY if requested and fee paid) 6. Sig —A ent X 7. Da of Deaf 7 - PS Form 3811.,Mar.:1988 • * LLS.QP.O. 1986-212-865 DOMESTIC RETURN RECEIPT UNITED STATES POSOFFICIAL BUJkSERVICE S ND C "R SENDER t ' x, SENDER INSTRUCTIONS �S Print your name,address and ZIP Code In the space below. • reversals Items 1,2,3,end 4 on the r�, f� (°�FtC[MAR 2 Q IsC5 u O • Attach to front of article If space u permits, otherwise affix to back of article. ENALTY FOR PRIVATE • Endorse article "Return Receipt CLM BOARD OF SUMMOM USE, $300 Requested"adjacent to number. COMM CMA CO. RETURN Print Sender's name.,address, and ZIP Code in the space below. TO W 0 r r� till jji�tilF!!!{11�lf�illtiftlltill 11111{t1liiIIIIIAl11 • SENDER: Complete Items 1 and 2 when additional services are desired, and complete Items 3 and 4. Put your address inRETURN TO"Space on the reverse side.FailurAthe his will prevent this card from being retur to You.The return receipt fee will provide ou the arson delivered to and the date of deliverv.For additional fees t1119 T0110wing services are ava a e. onsut postmaster or ees an check ox ea for additional servicelsi requested. 1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery (Farm dwMe) (&&a cffar8e) 3. Article Addressed to: 4. Article Number ddl PT e of Service: I.O. 1Jt��( 3 �sa2 Ljagistered 0Insured /( Certified ❑COD a-L" 0,.r 1 '_ �J� ❑ Express Mail [aRetum Recetate `-U.. ,,rum Always obtain signature of addressee or agent and DATE DELIVERED. Sin re d r s � 8. Addressee's Address (ONLY tf regaesred and.fee paid) 6.-Sig—nature -Agent- -: �fC 7. afe of Delivery J P Form 3811,Mar. 1988 * U.8.Q.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of ) Abandoned Vehicle Appeal by Earl Howard ) ) ) ) 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 in the UgA:tgadxSt2 tgsxR:ost2Ax xxAxgxAxxM a r t i n e z , California , postage fully prepaid , a certified cony of Notice of Hearing Deposited and Mailed through Central Service Pickup on March 16 , 1995 to the following : Francis Marie Willis 2005 E. 26th Street Oakland, CA 94606 Mr. Earl. Howard 75 Shore Road Bay Point, CA 94565 Mr. Earl Howard P.O. Box 31522 Walnut Creek, CA 94598 I declare under penalty of perjury that the foregoing is true and correct. Dated ,March 16 , 1995 , at Martinez, California. Ann1 Cerve11i, Deputy Clerk 0Phil Batchelor The Board of Supervise Contra Clerk otthe Board and County Administration BuildingCosta Cou y Administrator istr for 651 Pine Street, Room 106 371 Martinez,California 94553-1293 County Jim Rogers,1st District Jett Smith,2nd District c eAt Gayle Bishop,3rd District :.• Mark DeSaulnier,4th District Tom Torlakson,5th District '.= U, March March 16, 1995 Mr. Earl Howard P.O. Box 31522 Walnut Creek, CA 94598 Pursuant to Ordinance No. 95-2, Section 430-8 . 014 (b) , you are hereby notified that your appeal from the decision of the Zoning Administrator relative to vehicles which you own will be heard by the Board of Supervisors on March 28, 1995, at 2 P.M. in the Board Chambers located at 651 Pine Street, Room 107, in Martinez, California. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and Cont Ad nistrator B,: y uty er CC : County Counsel Sheriff' s Office-Abandoned Vehicle Abatement Earl Howard 75 Shore Road Bay Point, CA 94565 Francis Marie Willis 2005 E. 26th Street Oakland, CA 94606 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: March 15, 1995 TO: Ann Cervelli, Deputy Clerk Clerk of a rd of Supervisors FROM: Dennis M. Barry, AI P Deputy Director SUBJECT: Earl Howard Appeal In response to your memo of March 10, 1995, please be advised the ap al of Earl Howard has been filed in a timely fashion and should be heard by the oard of Supervisors as tentatively scheduled for March 28, 1995. Nancy f om the Abandoned Vehicle Abatement Office will provide you with the notification information. If you have any questions please call. cc: Sheriff Office-Abandoned Vehicle Abatement Office-Nancy County Administrator County Counsel Diana Silver Harvey E. Bragdon DMB/df DlHoward.mem k CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Zoning Administrator Community Development Department DATE: March 10, 1995 FROM: Ann Cervelli, Deputy Clerk W Clerk of the Board of Supervisors SUBJECT: Abandoned Vehicle Abatement Appeal On March 9, 1995, Mr. Earl Howard presented the attached appeal to this office . Mr. Howard' s appeal has been tentatively schedule for March 28, 1995 . If Mr. Howard' s appeal is not timely or there is any other reason the appeal should not be heard by the Board of Supervisors, please notify me immediately. If the appeal is timely and should be heard by the Board of Supervisors on March 28, 1995, at 2 P.M. , please advise this office in writing by March 15, 1995, and provide a list of people to be notified along with their addresses . Material to be considered by the Board on March 28, 1995, should be provided to this office by March 22, 1995 . Thank you. ac attachment cc: County Counsel-D. Silver Sheriff-Coroner-Abandoned Vehicle Abatement Office-Nancy County Administrator-John Gregory RECEIVED i MAR -- 9 1995 From: Earl Howard CLERIC BOARD OF SUPERVISORS 75 Shore Rd. Bay Point ,Calif. Ns—rr4L-zcrvfS1A 5to5 SUI JURIS,FREEMAN March 9 ,1995 To: Clerk of the Board of Supervisors Administrative Appeal 651 Pine St:Martinez , Calif to the Board of Supervisors Warren E Rupf-Sheriff 1980 Muir Rd. Martinez,Calif. Re: RVS 94-155 I am appealing the decision by the Community Development Department to abate vehicles that I own. This decision was made on March 2, 1995. The hearing officer lacked jurisdiction and lacked authority to hold a hearing on this matter,C as at the time the County of Contra Costa , the Board of Supervisors of Contra Costa County and the Sheriffs Department are in Default. When you are in Default you can not hold the hearing. You have denied discovery to me per Section 11507.6 of the Government Code. You failed to comply with my request for information,(Administrative Interogatories); Therefore a fault exists as set forth in UCC Page21-201(16). All your actions from the begining are null and void as set forth in UCC 1-103. You denied to me my RIGHT to administrative remedy as per the First Ammendment of the United States Constitution, which reads" Congress shall make no law respecting and establishment of religion or prohibiting the free exercise thereof;or abridging the freedom of speech, or of the press;or the right of the people peaceably to assemble,AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCE." AMENDMENT 6 (U.S. Constitution) "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been commited, which district shall have been previously ascertainedby law and to be informed of the nature and cause of the accusation;to be confronted with the witnessess against him;to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense. Page 2, L You have also denied to me my right to administrative remedy as per the Constitution of the state of California and Federal Case law. As per Section 11511.5, Government Code, you have failed to; Explore settlement possibilities, Prepare stipulations , Clarify Issuses ,Allow objections to proffers of evidenceand allow other matters as shall promote the orderly and prompt conduct of a hearing. In this respect you have failed to show ablilty to prosecute ,the Sheriff's claim The Sheriff threatens to violate the 4th Amendment of the United States Constitution.(which reads) The right of the people to be secure in their persons, houses, papers,and effects, against unreasonable searches and seizures , SHALL NOT BE VIOLATED,and no warrants shall issue but upon probable cause, supported by oath or affirmation and particularly describing the place,and things to be searched , and the persons or things to be seized. A warrant to seize has not been issued. An attempt by the Sheriff to seize without a warrant will be a clew violation of the 4th amendment. I request that the Board of Supervisors permanently stop any further action in this matter by the Community Development Department. y other administrative office or department and to stop any further actionecific by the S eriff epartment. Since y: S' -- Earl oward- Respondant Dated 3/ 9/95 Warren E Rupf- Sheriff 1980 Muir Rd. H11 ro: BOARD OF SUPERVISORS . Contra FROM: WARREN E. Sheriff Costa Capt. J.L. ckowski, Patrol Div. Cmndr. r 5 CDATE: March 1, 1 9 `'�' SUBJECT: Appeal o the Board by Mr. Earl Howard to request suspension of the enforcement of Abandoned Vehicle Ordinance, 95-2 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Authorize the Sheriff to proceed with enforcement of County Ordinance 86-58' (formerly) and 95-2, (currently) requiring the removal of an inoperable vehicle or parts thereof from private property, located at 75 Shore Rd., Bay Point. The Sheriff requests the Board deny the appeal and direct the Sheriff to proceed with the abatement action as scheduled. H. BACKGROUND INFORMATION: On December 19, 1994, Mr. Earl Howard called stating he was removing a 1970 Mustang from the property and the 1969 Mustang and Ford truck were being repaired. On January 19, 1995, Mr. Earl Howard picked up the certified letter, Notice of Intent to Abate Abandoned Vehicles. February 2, 1995, Sheriff Warren E. Rupf was served a demand for hearing to present defense. A Notice of Public Hearing, Appeals to Abate Abandoned Vehicles was scheduled for Monday, February 27, 1995, 1330 hrs. A reinspection of the site was conducted on February 13, 1995. One of the Mustang's was removed from the site, but more car parts were added to the site, specifically, a top to a Scout, a vehicle frame and a motor in the middle of the front yard. Photographs were taken of the site. An Administrative Hearing was conducted to consider the appeal on Monday, February 27, 1995 in front of Catherine Kutusuris, Zoning Administrator. The hearing officer denied the appeal and advised the property owner to immediately remove all inoperable vehicles and parts thereof. III. SUPPORTING DOCUMENTS: Copies of all memos, letters and copy of Ordinance 95-2 CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR REC ENDAT N OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON March APPROVED AS RECOMMENDED X OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above matter. The hearing was opened and Mr. EarlHoward appeared and presented testimony on his appeal . The hearing was closed. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED and the appeal by Mr. Earl Howard is DENIED. VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Mr. Earl Howard ATTESTED March 28 , 1995 Sheriff-Abandoned Vehicle Dept. County Counsel M382/7-93 BY DEPUTY BLDG INSP INQUIRY -- ENTER PARCEL NBR 098 - 052 - 032 PCL NO 098-052-032-4 SITE 75 SHORE RD BAYPT USE CODE 11 100.0% S OWNR HOWARD EARL NOTF P 0 BOX 31522 94598 WALNUT CREEK CA **************************** BUILDING INSPECTION ****************************** SITE DESC SHORE ACRES ,#1 LOT 52 LESS M R NTC TO FROM SCHOOL FEE ACRE **** TRA 79101 **** PARK DED CEN-TRT 3142.00 SANITATION 7A ZN 1 DRNGE FEE ZONING R-6 CONTRA COSTA WATER SEISMIC ZN FLD HZD ZN EL MT DIABLO UNIFIED SUP DIST 5 TRACT -AOB EAST CC MIT **PERMITS** AG DP AR NUMBER CD TYPE SP ISSUED LAST ACT ST CLASS LIC NO CC BI 5 RF920898 RF 10/06/92 10/07/92 C CC BI 5 RV920108 RV 09/29/92 10/16/92 C CC BI 6 0000177002 E 03/25/92 04/28/93 F *OB 10031 CC BI 5 RV880336 RV 12/05/88 06/20/89 C 11/22/94 HIT PA1 FOR TAX DIST OVERFLOW LFF2765 StO Aa RNTRA COSTA COUNTY • SHERIFF-CORONER 1980 Muir Rd. ( ,�,Co r,✓�ti�, Martinez,California 945 ABANDONED VEHICLE COMPLAINT Date of Complaint Date of Inspection RF Number Date Abatement Ordered Assessors Parcel Number Address of Vehicle License State V.I.N. Make Model Color Body Type 1. '�/t-1Ti✓c/c/� �C.o�) Ly/-i ZTNJ.9/d%O.Ys'' `7� "7�G�6-�- C/✓.e�cst.� '_-�. TA� 2. 5'S"6 Z�y✓ �G.o, 517-A 2 S /5/f,9 S 9 .`ly rT...,ig Z7". 3. G1-`G3T/0,?7za 4. �cic �, c.Fc�„ �riJ S/✓<Lc. !�./ 4c.�r .G! �.t..�-, RC.r.►ciE_ 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. ,nr.low-A a Tountp of Tontra Tosta Offire of toe �*Ij rriff-Toroner Warren E.Rupt SnenN-Coronet NOTICE OF INTENT` TO ABATE ABANDONED VEHICLES Francis Marie Willis Date: November 22, 1994 2005 E. 26th St. RVS: 94-155 Oakland, CA 94606 PARCEL': 098-052-032 ADDRESS: 75 Shore Rd., Bay Point, CA Vehicle(s) were observed by this Department, (see attached inventory) on property owned by you or under your control,in an abandoned condition. County Ordinance 86-58 requires the removal, as a public. nuisance, of abandoned, wrecked, dismantled, or inoperative vehicles(s), or parts thereof from public or private property. Said vehicles(s) are in violation of this Ordinance and must be removed. The cost will be billed to you. Failure to pay the bill will result in a special assessment to the owner of the land as shown on the last equalized assessment roll. HEARING RIGHTS If you contend that these vehicle are not subject to abatement you are entitled to a hearing. You may request a hearing by contacting the Contra Costa County Sheriffs Office in writing ,stating the reason for the denial, within 10 days of the postmarked date of this notice. Your presence is not required at the hearing. If you do not own the vehicle(s) and they were placed on your property without your consent they will be removed by this Department at no expense to you. If you wish to remove the vehicle(s) yourself contact the Abandoned Vehicle Abatement Program. If you have questions regarding this letter contact the Abandoned Vehicle Abatement Program at (510) 313-2796. Sincerely, WARREN E. RUFF, Sheriff IL :may Nancy Perry White, Sr. Clerk ABANDONED VEHICLE ABATEMENT PROGRAM 1980 Muir Road a Martinez,California 94553-4800 (510)313-2500 CONTRA COSTA COVIM OFFICE OF TSS SIEW77 1980 Muir Rd. Martinez, CA 94553 Date: Referenced Vehicle-Sheriff#s /C15 Assessor's Parcel Numbers _ nSf-- eir ,Lt) Property Descriptions /'} Location, 7S' r.e-a4 la'`G Property Desciption (2) Owners Property owner AddressZ!!�0 YnICLE DESCRIPTION�/ (i) Year 7t Make Model Color V.I.NrJ7�I2�7 4241 4Ya-E3 Lilt. Exp, Dates 2S/z&490 Registered Owner j 4� Address: aZ dr gZugA4 !46a6 Legal Owner: puler: Fv aka 44 Mod2l C x0 rai-S f G i e stered Owne s+ ti- Address: -;�?30 Legal e Buyer: (� :- At 31_C'.Z2 u G. sl ��s+��- 3 earMakeodcolor Lic.1 V - T t • Registered e w Address: Legal owners BuX*r s 141 !� r Year ----- Make N c N c !�Izpate: Address: Legal owners Buyers Triuntn of T'ontrn (Lostn Of f irr of thr '�;hrrif f-Crormier Warren E.Rupf Sheritl•Coronet NOTICE OF INTENT TO ABATE ABANDONED VEHICLES Earl Howard Date: November 22, 1994 P.O. Box 31522 RVS: 94-155 Walnut Creek, CA 94598 PARCEL#: 098-052-032 ADDRESS: 75 Shore Rd., Bay Point, CA Vehicle(s) were observed by this Department, (see attached inventory) on property owned by you or under your control, in an abandoned condition. County Ordinance 86-58 requires the removal, as a public nuisance, of abandoned, wrecked, dismantled, or inoperative vehicles(s), or parts thereof from public or private property. Said vehicles(s) are in violation of this Ordinance and must be removed. The cost will be billed to you. Failure to pay the bill will result in a special assessment to the owner of the land as shown on the last equalized assessment roll. HEARING RIGHTS If you contend that these vehicle are not subject to abatement you are entitled to a hearing. You may request a hearing by contacting the Contra Costa County Sheriffs Office in writing ,stating the reason for the denial, within 10 days of the postmarked date of this notice. Your presence is not required at the hearing. If you do not own the vehicle(s) and they were placed on your property without your consent they will be removed by this Department at no expense to you. If you wish to remove the vehicle(s) yourself contact the Abandoned Vehicle Abatement Program. If you have questions regarding this letter contact the Abandoned Vehicle Abatement Program at (510) 313-2796. Sincerely, WARREN E. RUFF, Sheriff 7— .4�pdx-g'4'L� Nancy Perry White, Sr. Clerk ABANDONED VEHICLE ABATEMENT PROGRAM 1980 Muir Road•Martinez,Califomia 94553-4800 (510)313-2500 CONTRA COSTA COUNTY OFFICE OF THS BEIM.T" 1980 Muir Rd. Martin*xv CA 945S3 Date: Referenced Vehicle-Sheriff#s X54" Assessor's Parce} !lumber: -03z- 11) Property Descr12tiOn: ' Location 7.$: L6le !-� Property Desciption - J41t:!& (x) Owners ' Property Owner �•�h,P f�` Address e—o r f VMICLE DESCRIPTION fl) Year 7/ Make *.- Model Color Lic. M.T�+1�yi V.I.N�>�r7z3ni.4�G ,3 L�p. Dates *Azlfv Registered Owner j ,Address: �v� �. �_ �. A-Z; D Z"i fW6n,G Legal Owner: Buyer: 121 Year ake Model jkdjTztg color c Z-04 N Taz S i a • G i Registered a t. Address: X30 Lecral Owner: 0 Buyer: Pty ��- 4Y,s-,-7 I (3) Year 44 Make., r�J___ Modei�t- a-,1G Color a _....-� V - c t • Registered Owe 4v ddresa Legal Owners zux*r s --- Makeode Yaa- r c c Register4 owner: Address: Legal Owner: buyers NOTICE OF A PUBLIC H ARING You are hereby notified that on MONDAY, FEBRI,JARY 27. 1995 at 1:30 p.m. in Room 107, McBrien Administration Building, 851 Pine Street, Martinez, California, the County Zoning Administrator will consider APPEALS TO ABATE ABANDONED VEHICHLES described as follows: #4250 ARTHUR ROAD, MARTINEZ, PARCEL #380.141-009; Earl A. &Theda C. Daniel property. Action #RVS 94.116. One heavy duty Chevrolet truck frame with partial cab, no license plate, no Vehicle Indentification Number, spanning the sidewalk. Action started 9.27-94. If you challenge the project 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. For further details,contact the Contra Costa County Sheriff's Department, NANCY WHITE at (510) 313-2798. Harvey E. Bragdon, Director Contra Costa County Community Development Department TOTAL P.01 OFFICE OF THEGHERIFF ! WARREN E. RUPF Contra Costa County Sheriff ` Field Operations Gerald T.Mitosinka 1980 Muir Rd. Assistant Sheriff Martinez, CA 94553-0039 (510)313-2500 Rodger L.Davis Assistant Sheriff Date: February 23, 1995 To Katherine Kutsuris, Zoning Administrator Zoning Administrator, Community Development From: CaptainJ. L. ackowski, Patrol Division Commander By: 'Sn ll, andoned Vehicle Abatement Program Subject: Veht ement, 75 Shore Rd., Bay Point/ Parcel #098-052-032 Background On October 14, 1994, a complaint was received from the West Pittsburg Municipal Advisory Committee regarding inoperable vehicles and trash at this location. An inspection was conducted on October 26, 1994, and a notice was sent out to abate four inoperable vehicles. We have done several vehicle abatements at this location in the past and there are always vehicles and garbage being collected in the front yard and driveway areas. Authori Section 22660 of the California Vehicle Code allows the County to adopt an ordinance establishing procedures for the abatement and removal, as possible nuisances, of abandoned, wrecked, dismantled, and/or inoperative vehicles or parts thereof from private property. Contra Costa County adopted County Ordinance 86-S8 establishing local abatement procedures for the removal of abandoned, wrecked, dismantled, and/or Inoperative vehicles or parts thereof from private property. The ordinance was amended under County Ordinance 95-2 to make the Office of the Sheriff the agency responsible for the enforcement of the provisions of the Abandoned Vehicle Abatement Program. Action Taken 4 On December 19, 1994, Mr. Earl Howard called stating he was removing a 1970 Mustang from the property and the 1969 Mustang and Ford truck were being repaired. On January 19, 1995, Mr. Earl Howard picked up the certified letter, Notice of Intent to Abate Abandoned Vehicles. February 2, 1995, Sheriff Warren E. Rupf was served a demand for hearing to present defense. A Notice of Public Hearing, Appeals to Abate Abandoned Vehicles was scheduled for Monday, February 27, 1995, 1330 hrs. A reinspection of the site was conducted on February 13, 1995. One of the Mustang's was removed from the site, but more car parts were added to the site, specifically, a top to a Scout, a vehicle frame and a motor in the middle of the front yard. Photographs were taken of the site. Recommendation Advise Mr. Howard to remove all the inoperable vehicles and parts thereof immediately, and if he alleges some of the vehicles are operable, he needs to demonstrate the operability of these vehicle immediately. If this matter cannot be resolved at the appeal hearing, please advise Mr. Howard he had the right to appeal and have a hearing in front of the full Board of Supervisors. If Mr. Howard desires to appear in front of the full Board of Supervisors, please have him contact the Clerk of the Board within ten days of the date of the hearing or we will proceed with the planned abatement. OFFICE OF THE PAERIFF • WARREN E. RUFF Contra Costa County Sheriff Field Operations Gerald T.Mitosinka 1980 Muir Rd. Assistant Sherif Martinez,CA 94553-0039 (510)313-2500 Rodger L.Davis Assistant Sherif Date: February 27, 1995 To: Mr. Vic Westman, County Counsel From: WARREN E. RUPF, Sheriff By: Gerald T. Mitosinka, Assistant Sheriff Subject: Private Property Abatement Hearing - Mr. Earl Howard Reference: Ordinance 95-2 (Abandoned Vehicle Abatement Ordinance Amendments-Administration and Enforcement) Chapter 430-8, Hearings & Appeals Please find attached: 1. Proof of Service by Mail, RVS: 94-155, Notice of Defense (11506 GC) 2. Request for Entry of Default, RVS: 94-155, Delivered by Mr. Howard, 2-24-95 The attached documents were those briefly discussed with you by Captain J.L. Gackowski, Commander, Patrol Division, (510) 313-2510, on this date. The attachments were received in response to an Abatement Hearing, Monday, February 27, 1995, which was scheduled at Mr. Howard's request. We are simply asking that they be reviewed in the event we receive similar documents in the future. What is the obligation of the Office of the Sheriff in response to Mr. Howard's documents? cc: AVAP File Earl Howard File 4 Adbk PARTY wirmOUTA Tf�A(W*sW A fi « MY T6tEPHONE NG.. M w C01NIr Hsi onLr / %4 S'8 7660 (.aoi(\I—CA qy Secs" Sum JUS 'r'e�Ma NAME OF CpURTt -�-- ��►hl C b'OW ADDRESS: i ✓fit �r-vw" *WLING ADDREss: Cm!AND 21P CODE: eRANCM NAME: PLAIWIfF:C"W%- ytk CR OH'I.tt.-S L 4�a+rc,tjtit�� . PROOF OF SERVICE BY MAIL CASE NUMBER (CCP Sections 1013a,2015.5) RVS , C?q -1 57S 1 declare that: 1. At the time of service I was at least 18 years of age and not a parry to this legal action. 2. l am a resident of or employed in the county where the mailing occurred. 7 �Y 3. My business or residence address is: s8 l,tinni ---;r (.u'4iayt{I CA 44610 4. 1 served copies of the following paper(s)in the manner shown: a. Papers served [list exact titles of paper(s)]: Ctc�t1 CQ o� �'�uwC. b. Manner of service: by placing true copies in a sealed envelope addressed to each person whose name and address is given below and: S depositing the envelope in the United States Mail with the postage fully prepaid.or ❑ (If deposited at a business:)Placing for collection and mailing following ordinary business practices. I am readily farraliar with the business practice for collection and processing of correspondence for mailing with the United States Post Office. The correspondence will be deposited with the United States Post office on the same date as the date of deposit(below)in the ordinary course of business. (1) Date of Deposit: Z-3— 9 5 (2) Place of Deposit(city&state;business address if deposited at a business): �p k�Anl C�tom%t cQ tN-A 3. i geclare under penalty of perlu and r th laws of State of California that the foregoing is true and correct. Executed on •, � f �� at � �r�c�IG. .r._.California. Print Name: `'• � .cam' .-- ,. (Signator Person Who Served Papers) Name and Address of Each Person to Whom Documents Were Mailed: �Jo.Mtt.n �'��• sem, 1184 ftm9, kud PAW'-hr%kZ CAhFQA(A gvs�3 Additional names and addresses on reverse. PROOF OF SERVICE BY MAIL C- TU�L C W UtL16 3wl A,�4 W(lZ.c1*IAJA1- .,As Civ+�, C^ aq Sb� -31 Irl i'�Ir�11, t . t. !.a •.� � r� - '-�'4:��ili – j' -�lilr.� – — ---•Ji3i– •.:�'��.�iAii�"�:.il•r•IM�..•. . ..- ♦ 7l p ,;� �'��:�," ' vii .0 ` �`�►.:��tiCU?r�' �C Lf S16 Zc.6o i kjo A-6 obL s � • s a f VzLzr�tw R vs y 9 Li -� .r i f 1 '� �1�.. �'rarn,od.,�-�v�. cTr- � a.�.s�. cr• � cy .c` ,� G-06 I ti to Ru l I- . L a. cow ia RC 6.Q.L9 0:bL� .� C �in c 0-0 t 1 S 12 Gd • lir CeLo�� CzLft (Lot 014^d . 4�9CA-Ln - 'a•t .i.1:� -s•'' t -y..� .t.•;�,i �� .,�:Y ��y!Z ! � _ ___-- ,�'11T��mi�L�:�f�:ui1..�417:+.:�......s• ._-- —._.. ..tit.:'.:w• 115x7 'V\. - o cam . MUQ _lb u. oum. c-cLQ-%uzb, asL-� bl CIC �JADL 2.P-aL C ? o� ` ft4, WLV ? Co-) kcL",j bbb�� ac-i -� �.. ) C. J P . - ;, .:,. .��. �,.../,, n �'�s1��, rll !•,;.a i..tiR•,a~`r .�..:\'Z�r �•}!?}:,+f••r:�; .� Y {l._,..,v- Q.Q ; 94-I%T- LdA OL) —ef-w_ _tcta_ ck gu it --_ _..___.�9__! �� � ► 4uik. •r WUSCA AAA � i }7 , •:� :{{•1tV i lR !►N \4'T��►"'• �,ti� f;� :.j a. ti •� ���.('• ��fir!ia1s.' - — � +ti_:..��{ IL 195 �,o ATTORNEY OR PARTY WITHOUT ATTORNEY/NWft ins AO I&W: TEL MOVE NO.! Pon tOWn M aftr A-0-0 51.0 LAS',2.140 Z S Shcr� Q e4m,4 . G F,4&-k- Co, 4U rl;S' RrTORNEY FOR NWnwl: <;nu Q L• 0.!I lion rm"of sort SW 1"m of p, M OW. . 3U_&kr_,.A,.A*_AC,rti PLAINTIFF: S � 1BEFENDANT- OZ REQUEST FOR 59 ENTRY OF DEFAULT ® CLERK'S JUDGMENT (Application) F-1 COURT JUDGMENT 1. TO THE CLERK: 9n the complaint or cross-complaint filed Is. On Iderel: N C%e %i kff ZZ t9 C1%4 tX By Inamel: U`1w(.9-V Q4 F — S hs upf- Jt D Enter default o1 defendant (names): d. n I request a court judgment under CCP 585(b),(c).989,etc./Testimony required.App e d less the court will enter s judgment on an affidavit under CCP 5851d).) e. Enter clerk's judgment U (1) ER For restitution of the premises only and issue a writ of execution on of not apply. (CCP 1169) Q Include in the judgment all tenants, subtenants, npmed claimants, and other occupants of the premises.The Prejudgment Claim of Rig1}it to Possession was served in compliance with CCP 415.46. 12) R Under CCP 585(a). (Complete the declaration under CCP 585.5 on the reverse (item X.1 (3) For default previously entered on Marsh 2. Judgment to be entered Amount Credits Acknowledged Balance a. Demand of complaint .. . ... .. . . $ i $ b. Statement of damages(CCP 425.11) Isuperior court only!' (1) Special. . . . .... . . .. .. . . . . f (2) General . .. .... . .. . . . . . $ t:. Interest . . . . .. . . .. ..... .. . . . i i $ d. Costs /see reverse) . .. . .. .. . .. . i i $ e Attorney fees . ......... . . . . . . i $ $ i. ALS . .......... .. .... . . . i i $ 9. Dally damages were demanded In complaint at the rate of: $ n Idatel: Date:;, n p,� /� ! �Z 0 •. .. .. .. .... .... . MEI ' C ffm OR~K NATURE OF PLAINTIFF OR XrTORNEY POR PLAVOWI •Personal injury or wrongful death eettoas only (1) Default entered as requested on IdateP FOR COURT (2) Default NOT entered as requested USE ONLY /state ressonl: By: (Continued on reverse) fam/reeme.e by ew REQUEST FOR ENTRY OF DEFAULT Coo of Ciw ftoceAra it 536-587.nes ---Judcol caeca 01 cahlorr" dAmahea$en to Ent..n.fauhf SHORT TITLE: CAM Nu"SER: 4 S . LA DECLARATION UNDER CCP 585.5 (Required for clerk's judgment under CCP 58510 This action a. is Misnot on a contractor installment sale for goods or services subject to CC 1801, etc. (Unruh Act). h is is not _on a conditional sales contract subject to CC 2981,etc.(Rees-Levering Motor Whicle Sales and Finance Act). a is Misnot on an obligation for goods, services, loans. or extensions of credit subject to CCP 395(b). . DECLARATION OF MAiLING (CCP 5871 A copy of this Request for Entry of Default was a. Q not mailed to the following defendants whose addresses are unknown to plaintiff or plaintiff's attorney themes): h mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, If none;to each defendant's last known address as follows: {1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes): 1q fit; m ut r Rd C 6ttyK a .L nzu:L' ae.,Ub. J,AAv,LJ Qooh� 'j coktrtJt' Sir .t1r6M1,0.Z Q ci y SI:"..? I declare under penalty of perjury under the laws of the State of California that the foregoing items 3 and 4 are true and correct. .date: ........ ... .. .. . . . . . . .. . . . . . . . . . . . . . . . . . . 1 (TyrE on FRW NAME! (SIGNATURE OF OECLARAPM 5. MEMORANDUM OF COSTS (Required if judgment requested! Costs and Disbursements are as follows{CCP 1033.5): a. Clerk's filing fees. ..... ..... . . . . . . . . b. Process server's fees . .. . . . . . . . . . . . . . f i. c. Other (specifyl: . . . . . . . . . . . . . . . . . . . . i d. . .. .. .. . . ... . . . . .. . . . . .. . . . . . . . s TOTAL . . . . . . . .... ... .. .... . . . . . . $ #. 71 Costs and disbursements are waived. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this cess I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ........ .. ..... . . . . . . ... .. . . ... . . . . ..... .. . . . IT YPE OR M1(NT NAME1 ISIGNATURE OF OECLARAN n 8•[� DECLARATION OF NONMILITARY STATUS (Required for a judgment) No defendant named in item tc of the application is in the military service so as to be entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.SC. Appen. 1501 at seq.). 1 declare under penalty of perjury under the Jaws of the State of California that the foregoing is true and correct. Date: . .. . .. ...... . . . . . . . . . . . . . . . . . . i,YPI On. PRIXI NAME)• IsIGNATURE of DECLARANT) 'NOTE:Continued use of form 9821a)18) (Rev. July 1..1988) is authorized until June 30. 1992. except in unlawful detainer proceedings. 9821af181 lAw.Sennmwr 30.1991•1 REQUEST FOR ENTRY OF DEFAULT " (Application to Enter Default) From; Earl Moward 75 shore Rd. Bay Point, Calif. SUI JURIS, FREEMAN Feb.24,1995 To: Clerk of the Court Delta Municipal Court 45 Civic Dr. AFFIDAVIT OF DEFAULT Pittsburg, Calif. 94565 RE: REFUSAL to enclosed correspondence, Case # RVS:94-155 Your response (enclosed copy) , to my Notice of Defense, per section 11506 of the Government Code is inappropriate, unreasonable, and does not adress theissuses raised; it is therefore refused for cause. You are Not a State Government Agency,according to the State Board of Control Xs"an'ehtitp-in your corporation, you have No authority to compel performance upon it's corporate statutes or corporate rules unless you are the holder- in-due course of some contract or commercial agreement between it and the one on whom it 's demands for performance are made, AND is willing toproduce said document, and placethe same into evidence before trying to enforce it's demand The Clearfield Doctrine will inform you of this;Clearfield trust Co. v. United States,318, US363-371 . You have failed tocomply with my request for information, Administrative Interogatories; Therefore a fault exists as set forth in UCC1-201 (16) .All your actions from the begining are null,and void as set forth in UCC1 -103. I hereby make this legal determination: The fraudulent unconscion ble contract,Notice of Intent to Abate and resultant case number RVS: 4-155, are discharged per. UCC 3-501 Sincerly; Earl Howard;SUI J ,FREEMAN UUU FF i Cf ountg of (Contra (costa (Offirr of #4P 44eriff4forianer Warren E.Rupf Sheriff•Coromr March 1, 1995 Mr. Earl Howard 75 Shore Road Bay Point, CA 94565 Dear Mr. Howard: On February 2, 1995, you requested a hearing regarding the proposed abatement of the inoperable vehicles on your property at 75 Shore Road, Bay Point. An administrative hearing was conducted to consider your appeal on Monday, February 27, 1995, at 1:30 p.m. in Room 107, McBrien Administration Building, 651 Pine Street, Martinez, CA. The hearing officer, Katherine Kutsuris, denied your appeal. You were advised to remove all the inoperable vehicles and parts thereof immediately. If some of these vehicles are operable, you need to demonstrate the operability of these vehicles immediately. If you wish to appeal the decision of the hearing officer, you have the right to have a hearing in front of the Board of Supervisors. In order to do this, you need to contact the Clerk of the Board of Supervisors within ten days of the date of this letter or we will proceed with the abatement. Sincerely, WARREN E. RUFF, Sheriff eJ. acowser, Patrol Division cc: Vic Westman, County Counsel Earl Howard, P.O. Box 31522, W.C. 94598 file 1980 Muir Road•Martinez,Califomia 94553-4800 (510)313-2500 OFFICE OF THE SHER& WARREN E. RUPF Contra Costa County Sheriff Field Operations Gerald T. Mitosinka Patrol Division Assistant Sheriff 1980 Muir Road Martinez, CA 94553-0039 O O Roger L. Davis (510)313-2500 Assistant Sheriff Date: March 2, 1995 To: victQr J. Westman, County Counsel From: W EN . RUPF, Sheriff By: erald T Mitosinka, Assistant Sheriff Subject: C rres dence from Earl Howard, February 27, 1995 o hore Rd., Bay Point, RVS 94155 The attached letter was received, by certified mail, on March 1, 1995 from Mr. Earl Howard regarding Abandoned Vehicle Abatement Action,RVS 94155, APN: 098-052-032. Mr. Howard appeared at an Appeal Hearing before Catherine Kuturis, Zoning Administrator, on Monday, February 28, 1995. Mr. Howard's appeal was denied and the abatement action will continue. It is expected that. Mr. Howard will request a hearing in front of the full Board of Supervisors. We ask that the communication be reviewed and advise as to what, if any action, should be taken by the Sheriffs Office. If you require additional information, please contact Capt. J.L. Gackowski, Commander, Patrol Division, (510)313-2510. cc: AVAP File Earl Howard File From: Earl Howard 75 Shore Rd. Bay Point,Calif. SUI KRIS,FREEMAN February 27,1995 To: Clerk of the Board of Supervisors Affidavit of Default 651 Pine St. Martinez,Calif. Warren E Rupf-Sheriff 1980 Muir Rd. Martinez Calif. Re: Answer to your response to my"Notice of Defense",2115/95. The County of Contra Costa and The Board of Supervisors of Contra Costa County and The Sheriff of Contra Costa is in default!. You have denied discovery to me per Section 11507.6 of the Government Code.You failed to comply with my request for information,(Administrative Interogatories);Therefore a fault exists as set forth in UCC 1-201(16).All your actions from the begining are null and void as set forth inUCC 1-103. You denied to me my Administrative remedy,Due Process and Equal Protection under the law as per the Constitution of the United States and the Constitution of the State of California and Federal Case law. As per Section 11511.5,Government Code,you have failed to: Explore settlement possblities,Prepare stipulations,Clarify Issues,Allow objections to proffers of evidence and allow other matters as shall promote the orderly and prompt conduct of a heating. In this respect you have failed to show ability to prosecute,the Sheriffs claim. THEREFORE:I swear these facts are true and correct by personal knowledge;It is my legal determination that further presntment by;but not limited to,The Board of Supervisors of Contra Costa County The Sheriff of Contra Costa County or the Courts)is under fraudulent umconscienable contract as out limed in UCC 2-302.In addition,yo t hent is discharged per UCC3-601.It is clear by your response you do not umderstan the courts and the judicial system.No further cortespondece is warranted in the matter. incere I Ho /95 CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Zoning Administrator Community Development Department DATE: March 10, 1995 FROM: . Ann Cervelli, Deputy Clerk W Clerk of the Board of Supervisors SUBJECT: Abandoned Vehicle Abatement Appeal On March 9, 1995, Mr. Earl Howard presented the attached appeal to this office. Mr. Howard' s appeal has been tentatively schedule for March 28, 1995. If Mr. Howard's appeal is not timely or there is any other reason the appeal should not be heard by the Board of Supervisors, please notify me immediately. If the appeal is timely and should be heard by the Board of Supervisors on March 28, 1995, at 2 P.M. , please advise this office in writing by March 15, 1995, and provide a list of people to be notified along with their addresses. Material to be considered by the Board on March 28, 1995, should be provided to this office by March 22, 1995. Thank you. ac attachment CC: County Counsel-D. Silver Sheriff-Coroner-Abandoned Vehicle Abatement Office-Nancy County Administrator-John Gregory RECEIVED MAR - 9 PAN. From: Earl Howard CLERK BOARD or SUFERVISORS ; CON.Tfi k Cr-STA 75 Shore Rd. Bay Point ,Calif. SUI TURIS,FREEMAN March 9 ,1995 To: Clerk of the Board of Supervisors Administrative Appeal 651 Pine St. Martinez , Calif to the Board of Supervisors I Warren E Rupf-Sheriff 1980 Muir Rd. Martinez,Calif. Re: RVS 94-155 I am appealing the decision by the Community Development Department to abate vehicles that I own. This decision was made on March 2, 1995. The hearing officer lacked jurisdiction and lacked authority to hold a hearing on this matterC as at the time the County of Contra Costa , the Board of Supervisors of Contra Costa County and the Sheriffs Department are in Default. When you are in Default you can not hold the hearing. You have denied discovery to me per Section 11507.6 of the Government Code. You failed to comply with my request for information,(Administrative Interogatories);Therefore a fault exists as set forth in UCC Page2l-201(16).All your actions from the begining are null and void as set forth in UCC I-103. You denied to me my RIGHT to administrative remedy as per the First Ammendment of the United States Constitution,which reads" Congress shall make no law respecting and establishment of religion or prohibiting the free exercise thereofor abridging the freedom of speech,or of the press;or the right of the people peaceably to assemble,AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCE." AMENDMENT 6(U.S. Constitution) "In all criminal prosecutions,the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been commited,which district shall have been previously ascertainedby law and to be informed of the nature and cause of the accusation;to be confronted with the witnessess against him;to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense. Page 2, You have also denied to me my right to administrative remedy as per the Constitution of the state of California and Federal Case law. As per Section 11511.5, Government Code,you have failed to; Explore settlement possibilities, Prepare stipulations,Clarify Issuses,Allow objections to proffers of evidenceand allow other matters as shall promote the orderly and prompt conduct of a hearing. In this respect you have failed to show ablilty to prosecute,the Sheriff's claim The Sheriff threatens to violate the 4th Amendment of the United States Constitution.(which reads) The right of the people to be secure in their persons,houses,papers and effects,against unreasonable searches and seizures ,SHALL NOT BE VIOLATED,and no warrants shall issue but upon probable cause, supported by oath or affirmation and particularly describing the place and things to be searched, and the persons or things to be seized. A warrant to seize has not been issued. An attempt by the Sheriff to seize without a warrant will be a clef violation of the 4th amendment. I request that the Board of Supervisors permanently stop any further action in this matter by the Community Development Department y other administrative office or department and to stop any further action specifically by the S eriff epartment. Since y; Earl oward- Respondant �� Dated 319/95 Warren E Rupf-Sheriff 1980 Muir Rd. The Board of Supervisoejon Contra Phil Batchelor Clerk of the Board and County Administration BuildingC+}� county Administrator o 651 Pine Street,Room 106 Costa (510)6.2371 Martinez,California 94553-1293 County Jim Ropm,1st District Jeff Smith,2nd District Gayle Bishop,3rd District Mark DeSsuinier,4th District / Tom Torfakson,5th District March 16, 1995 Mr. Earl Howard P.O. Box 31522 Walnut Creek, CA 94598 Pursuant to Ordinance No. 95-2, Section 430-8. 014 (b) , you are hereby notified that your appeal from the decision of the Zoning Administrator relative to vehicles which you own will be heard by the Board of Supervisors on March 28, 1995, at 2 P.M. in the Board Chambers located at 651 Pine Street, Room 107, in Martinez, California. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and Count Ad y BY t'nistrator • uty er CC: County Counsel Sheriff's Office-Abandoned Vehicle Abatement Earl Howard 75 Shore Road Bay Point, CA 94565 Francis Marie Willis 2005 E. 26th Street Oakland, CA 94606 's TOU11tg of Tantra T-asta (Office of t4E4Eriff-CIIrIInEr Warren E.Rupf sheriff-cor"r March 16, 1995 Mr. Earl Howard 75 Shore Road Bay Point, CA 94565 Re: RVS 94-155 Mr. Howard: The following is in response to your correspondence of March 9, 1995. I have been advised by staff that a hearing has been scheduled before the Board of Supervisors on March 28, 1995, regarding this matter. Further, that County Counsel has had an opportunity to review your correspondence to date. It is my intention to await the decision of the Board regarding this matter; have that decision and our steps to date reviewed by County Counsel; and then, take whatever action is appropriate. Sincerely, WARREN E. RUPF, Sheriff GERALD T. MITOSINKA, Assistant Sheriff cc: Clerk of the Board N. White 1980 Muir Road•Martinez,California 94553-4800 (510)313-2500 Date: REQUEST TO SPEAK FORM (Two 121 Minute Limit) Complete this form and ce it in the box near the speakers' rostrum before addressing the Board. Name: Phone: / '� 2 6 G C% Address: 7S L') City: 7 D", I am speaking for: �D Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item My comments will be: ❑ General ❑ For ❑ Against I wish to speak on the subject of: __ RV S f q �` I-S S ❑ I do not wish to speak but leave these comments for the Board to consider: UNITED STATES POSQSERVICE • OFFICIAL BUSI S SENDER INSTRUCTIONS Print your name,address and 21P Code In the space below. • Complete Items 1,2,3,and 4 on the LMMAIL reverse. eO • Attach to front of article N space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, 9300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO VN,Cl�tr` ' Z L a���� • SENDER: Cemple a items 1 and,2 when additional services are desired, and complete items 3 and 4. Put your address in' RETURN TO"Space on the reverse side.Failure this will prevent this card from being return to you The turn recei t fee will rovide ou the na f the arson delivered to and the date of delivery.For arl"Jonal Toes the following services are eve lable.Consult postmaster o ees an c ec c DOX(081 for additional service(s)requested. 1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Fm,vc:�s J4ae,,- U. [�1,5 P 3%�� 3-an �0 q — T of Service: 5'mjgti;�' Registered ❑Insured LJ ❑COD 0AKP, QA 9(4 60 b [3 Express Mail for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5 ur s 8. Addressee's Address (ONLY if t requested and fee paid) 6. Sig —A ent X 7. De of D? PS Form 3811„Mar. 1988 * ILL.&G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT UNITED STATES POS�SERVICEe� OFFICIAL BUS S �Dq C SENDER INSTRUCTIONS— Print NSTRUCTIONS—Print your name,address and ZIP Code in the space below. • Complete Items 1,2,3,and 4 on the AR Q CCJ u reverse. 0 • Attach to front of article if space permits, otherwise affix to back of article. I ENALTY FOR PRIVATE • Endorse article "Return Receipt CLERK BOARD OF EllF WISM USE, $300 Requested"adjacent to number. CONTRA CMACD. RETURN Print Sender's name,address, and ZIP Code in the space below. TO r� 46 � t`'1 y.14 till 1111ithttiltltillli�i�ll�liit��t�}tif) 0 SENDER: Complete items 1 and 2 when additional services are desired, and complete Items 3and 4. Put your address inRETURN TO"Space on the reverse side.Failure t hls will prevent this card from being retur to you.The return receiptfee will Provide ou the na the oerson delivered to and the date of delivery.Fora ttwna ees the Tollowing services are evallaBle.Consult postmaster or ees an c ec c ox es for additional servicels)requested. 1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery (Extras charge) (Ew-ortarge) 3. A'r^ticle Addddressed to: 4. Article Number 9 f v. P.Q. X 3 S a�. T1rpe of Service: L�I�gistered El insured Od Cerdfied ❑COD �, 1 '_ ❑ Ex iesa Mail [ mum Receipt N �-(!— P for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. Sin ure d rasa 8. Addressee's Address (ONLY if requested and fee paid) 8. gnature —Agent„ �7C 7: te.of.Delivery. Pf Form 3811,Mar. 1988 + U.S.QP.O. 1988-212-885 DOMESTIC RETURN RECEIPT BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter of ) Abandoned Vehicle Appeal by Earl Howard ) ) ) ) I declare under penalty of perjury that ' l am now, and at all times herein mentioned have been , a citizen of the United States , over age 18; and that today I deposited in the UjiAtBidxfDtatiesxftst2AxS* xexA=:i4arti nez , California , postage fully prepaid , a certified copy of Notice of Hearing Deposited and Mailed through Central Service Pickup on March 16 , 1995 to the following : Francis Marie Willis 2005 E. 26th Street Oakland, CA 94606 Mr. Earl Howard 75 Shore Road Bay Point, CA 94565 Mr. Earl Howard P.O. Box 31522 Walnut Creek, CA 94598 I declare under penalty of perjury that the foregoing is true and correct. Dated ,March 16 , 1995 at Martinez, California. Ann Cervelli, Deputy er 4w LL � 1 v Phil Batchelor The Board of Supervise► Contra Clerk of the Board and County Administration Building Costa County ou yAdmi237ator 651 Pine Street, Room 106 Martinez, California 94553-1293 County Jim Rogers,1 st District Jeff Smith,2nd District sEAt Gayle Bishop,3rd District ; Mark DeSauinier,4th District Tom Torlakson,5th District SOS March 16, 1995 Mr. Earl Howard P.O. Box 31522 Walnut Creek, CA 94598 Pursuant to Ordinance No. 95-2, Section 430-8 . 014 (b) , you are hereby notified that your .appeal from the decision of the Zoning Administrator relative to vehicles which you own will be heard by the Board of Supervisors on March 28, 1995, at 2 P.M. in the Board Chambers located at 651 Pine Street, Room 107, in Martinez, California. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and CountAdministrator V e By uty er CC : County Counsel Sheriff' s Office-Abandoned Vehicle Abatement Earl Howard 75 Shore Road Bay Point, CA 94565 Francis Marie Willis 2005 E. 26th Street Oakland, CA 94606 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: March 15, 1995 TO: Ann Cervelli, Deputy Clerk Clerk of gie rd of Supervisors FROM: Dennis M. Barry, Al P Deputy Director SUBJECT: Earl Howard Appeal In response to your memo of March 10, 1995, please be advised the ap al of Earl Howard has been filed in a timely fashion and should be heard by the oard of Supervisors as tentatively scheduled for March 28, 1995. Nancy f om the Abandoned Vehicle Abatement Office will provide you with the notification information. If you have any questions please call. f cc: Sheriff Office-Abandoned Vehicle Abatement Office-Nancy County Administrator County Counsel Diana Silver Harvey E. Bragdon DMB/df W:Howard.mem CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Zoning Administrator Community Development Department DATE: March 10, 1995 FROM: Ann Cervelli, Deputy Clerk W Clerk of the Board of Supervisors SUBJECT: Abandoned Vehicle Abatement Appeal On March 9, 1995, Mr. Earl Howard presented the attached appeal to this office. Mr. Howard' s appeal has been tentatively schedule for March 28, 1995 . If Mr. Howard' s appeal is not timely or there is any other reason the appeal should not be heard by the Board of Supervisors, please notify me immediately. If the appeal is timely and should be heard by the Board of Supervisors on March 28, 1995, at 2 P.M. , please advise this office in writing by March 15, 1995, and provide a list of people to be notified along with their addresses. Material to be considered by the Board on March 28 , 1995, should be provided to this office by March 22, 1995 . Thank you. ac attachment cc : County Counsel-D. Silver Sheriff-Coroner-Abandoned Vehicle Abatement Office-Nancy County Administrator-John Gregory RECEIVED MAR - 9 1995 tf, 3? p.m. From: Earl Howard c�R�eo�sn o�suPssvisoRs 75 Shore Rd. CONTRA CAST:jam-' Bay Point ,Calif. SUI JURIS,FREEMAN March 9 ,1995 To: Clerk of the Board of Supervisors Administrative Appeal 651 Pine St: Martinez , Calif to the Board of Supervisors Warren E Rupf-Sheriff 1980 Muir Rd. Martinez,Calif. Re: RVS 94-155 I am appealing the decision by the Community Development Department to abate vehicles that I own. This decision was made on March 2, 1995. The hearing officer lacked jurisdiction and lacked authority to hold a hearing on this matter,C as at the time the County of Contra Costa , the Board of Supervisors of Contra Costa County and the Sheriffs Department are in Default. When you are in Default you can not hold the hearing. You have denied discovery to me per Section 11507.6 of the Government Code. You failed to comply with my request for information,(Administrative Interogatories); Therefore a fault exists as set forth in UCC Page21-201(16). All your actions from the begining are null and void as set forth in UCC 1-103. You denied to me my RIGHT to administrative remedy as per the First Ammendment of the United States Constitution, which reads" Congress shall make no law respecting and establishment of religion or prohibiting the free exercise thereof;or abridging the freedom of speech, or of the press;or the right of the people peaceably to assemble,AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCE." AMENDMENT 6 (U.S. Constitution) "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been commited , which district shall have been previously ascertainedby law and to be informed of the nature and cause of the accusation;to be confronted with the witnessess against him•, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense. Page 2, You have also denied to me my right to administrative remedy as per the Constitution of the state of California and Federal Case law. As per Section 11511.5, Government Code, you have failed to; Explore settlement possibilities, Prepare stipulations ,Clarify Issuses ,Allow objections to proffers of evidenceand allow other matters as shall promote the orderly and prompt conduct of a hearing. In this respect you have failed to show ablilty to prosecute ,the Sheriff's claim The Sheriff threatens to violate the 4th Amendment of the United States Constitution.(which reads) The right of the people to be secure in their persons, houses, papers,and effects, against unreasonable searches and seizures , SHALL NOT BE VIOLATED,and no warrants shall issue but upon probable cause, supported by oath or affirmation and particularly describing the place'and things to be searched , and the persons or things to be seized. A warrant to seize has not been issued. An attempt by the Sheriff to seize without a warrant will be a cleaa violation of the 4th amendment. I request that the Board of Supervisors permanently stop any further action in this matter by the Community Development Department qny other administrative office or department and to stop any further actionspecxficall by the S eriff epartment. Sinc(oward.- - ' Earl Respondant Dated 3/9/95 Warren E Rupf- Sheriff 1980 Muir Rd. ati tpi Hca N lt�q rw r^ c � CC`' �r .. rn O N p O W � � L •, m Ea :r acoTZ (n t z lu f sc u GO CO CF, to 0 LO � aNV w V G C m� N� Thank you far us1n9 1 Return Recelot Sef+we rp .._ a m m o m mea a Fe v w a W pa - pta m a mg. .. c + ao $ � .. _ and m O i arVow 0 ma _CC z ti a v v t v ��� 0om +� ok m 3 m M -6 LL (q� pOH m m °C W aCA Q CLQ V WW a � mQiA v N >= a m co m �3ow a a�+ �. 4 «mma�, c_ 00A C 00m Nq o: N�mas�d !t 7 .p pyo $ s r cc E 000m4WD. o V 0 wc C 7'6 m O .w. �' eD S/r� m O � t�t` 0 g Q �1 V m d'00 �C 0 tD C �p' wt°o�omCP �aasli oo,. cn uc POISOU'03 t teP1$ rnea e�N 3b}nOA e1 .18Z d