Loading...
HomeMy WebLinkAboutMINUTES - 05051998 - D14 TO: BOARD OF SUPERVISORS FROM: Carlos Baltodano, Director, Building Inspection Dept. By Timothy B. Griffith, Building Inspector I DATE: March 31, 1998 SUBJECT: Appeal of Abatement Action at 57 Mt. View Ave. , Bay Point APN # 095-093--015 SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECPMMENDATIONS: After hearing the appeal , it is recommended to deny the appeal and affirm the determinations of the County Abatement Officer and direct the County Abatement Officer to proceed and perform the work of abatement. FISCAL IMPACT: None if voluntary compliance. .Approximately $15,000 if the county does the abatement. BACKGROUk!DZREASONS FOR RECOMMENDATIONS: On July 2, 1997 the BuildingInspection Department received a complaint from the Sheriff's Department concerning criminal activity, transient occupation, household garbage, unsafe structures and, fecel matter at 57 Mt. View Ave. , Bay Point. A site inspection was performed on August 22nd, 1997 and it was determined that there were serious substandard conditions on the site. The property was declared a public nuisance per Title 7 Section 712 .2-002 and 712.2-004. The owner of the property: Sutjojo and Wilson Ghandra, were notified that they were in violation and have not complied. Staff recommends that it be directed to proceed', and perform the abatement. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADM NISTRATOR._RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON May ___APPROVED AS RECOMMENDED OTHER Donald Kang, 400 S. El Oman- Real 630,San Mateo, CA appeared to speak on the appeal; VOTE OF SUPERVISORS following testin my and Board discussion, IT IS BY THE BOARD ORDERED that the staff Is.;recame'idations above are I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS {ABSENT ARMED. - - - - - TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 5. 1998 orifi: PHIL BATCHELOR.. CLERK OF cc: THE BOARD OF SUPERVISORS AND Y ADMINISTRATOR BY ,DEPUTY AppeAbd � _ . . __. ......... ......... ......... ......... ......... ......... ......... ......... ....... .. _._...._._.. ......... ......... ......... ......... ..__..... .................................................................................... EI x' 01 E' x Reliance Realty Group,400 S.El Camino Real,Suite 630, San Mateo,CA 94402-1705 Tel: (415)373-7300 Fax:(415)342-9528 www.realtyinfo.com March 27, 1998 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, 1st Floor Martinez, CA 94553 RE: Appeal to abatement of: 57 Mountain View, Bay Point Dear Board of Supervisors, This letter is being written as an appeal on behalf of my client, SUTJOJO, who is a foreign investor from Singapore. He has retained me to represent him in this matter of the order of abatement. Your correspondences to him have all been sent to myself, and Mr. Sutjojo will need additional time to both review your documents and prepare the redevelopment of this property- Given the nature of foreign ownership, we have begun to contact local general contractors to submit bids towards the renovation of this building. Any type of necessary securing, boarding, and clean-up will be gladly offered to be completed by local general contractos. We kindly request additional time so that we may begin to take care of this matter in a professional and intelligent manner. Thank you for your kind understanding and cooperation. Sincerely, /f Donald Kung Broker (650) 373-7300 x108 San Mateo San Francisco San Ramon "NOTICE A X D ORDE R TO ABATZ" C. C. C. ORDINANCE CODE 14-6.410 NOTICE IS HEREBY GIVEN that all structures located on :the -property are is in violation of Section 106. 1 UBC Title 82-2-006 of the Contra Costa County Ordinance Code. The violation has been declared a public nuisance by Timothy B. Griff .th Building Inspector I and must be abated immediately. The public nuisance is on property located at 57 Mt View. - Day Point A Nom, 095-0393-015 YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within 15 — consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by removing the structures or obtain pprour. tp building permits If you fail to abate the public nuisance within the number of days specified, the county may order this abatement by public employees, private, contractor, or other means. The cost of said abatement, if not paid, may be levied and assessed against the property as a special assessment lien and may be collected at the same time and in the same manner as ordinary county taxes are collected, subject to the same penalties, procedures and sales in case of delinquency. YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any, such appeal must be brought prior to the expiration of the number of days specified above for completion of abatement. The appeal must be in writing; specify the reasons for the appeal; contain you name, address and telephone number; be accompanied by an appeal fee of ONE HUDRED TWENTY FIVE dollars ($125.00) ; and be submitted to the Clerk of the Board of Supervisors at the following address: Clerk of the Board of Supervisors, County of Contra Costa 651 Pine Street, 1st Floor, Martinez CA 94553 One who is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, the Clerk of the Board will cause the matter to be set for hearing before the Board of Supervisors and notify you of the date and location of the hearing. If you have any questions regarding this matter, you may direct them to the county officer issuing this notice at the address or telephone number listed below. ISSUANCE DATE; MARCH 16, 1998 o h B. Gri f th Building Inspector 651 Pine St, 4th Fl, Martinez, CA 94553 (510) 335 .1113 UNIFORM.ABT imp— Is your RETURNAPPRM completed on the reverse side? 't7 as tis� r,� t a � ■r��?�# 0 CA CL to n C g r* H :tf GO Uk v. C7i z n o ' (n � � @ � iv � n w � o o > > t7 " `.t 04 3 b 10 Zj 4- tD "° 4- > m r roy ti W � m� m �`•� K a `g .... � � fro• b O : r-� cr cs y m5� > } t m .3 3 CL c X CD � cr; CO -_jPq – L CD O , A n G zi 37 > Lr v p } CO, p CO �# � 0 ❑ m ra m 0 � sa tp CCD £7 t6 f Ln I 4 n v Thank you for using Return Recelpt Service. is your RETURN AQt3R completed on the reverse,gide? w .. .,. _OM 6 xW oPd � v C7 Af ca r ' �s L7 C7 ;.s Y 3a cn C] rt7 t7 u ix z CL sv + s 10a PO 0 PO �• t OD ID 0 i r aW 22 tD, N . N 7 �@ 0 �. a 3. N �. .41 G ' ;3 oo it _. t ,c DC7 3 'S 0 to � � El 0 7 = w Q v ro cn a t& V 3 m ° `° ro � o `° 0rron G m : su . m to w _m a a # Thank vAi1 fnr Imine Qat...« BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) SSTTJO-JO, WILSON CHANDRA ) 57 Mt. View, Bay Point ) Appeal Hearing ) ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing by the United i States Postal Service in Martinez, California, postage fully prepaid, a copy of the hearing notice in the above matter to the following: SUTJOJO 57 MT. VIEW BAY POINT CA 94565 WILSON CHANDRA 790 NORTH SAN MATEO DR. SAN MATEO CA 94401 MR. DONALD KUNG RELIANCE REALTY GRP 400 S. EL CAMINO REAL , #630 SAN MATEO CA 94402 P 588 959 978 US Postal Service Receipt for Certified Mai! %k No insurance Coverage Provided. Do not use for international Mail(See reverse Serif to Sutjojo Street&Number 57 Mt View Post office,State,&ZIP Coda ! Rmu_P-4 4- rA 94565 Postage $r Certified Fee Special Delivery Fee Restricted Delivery fee LO Return Receipt Showing to Wham&Date Delivered Rweo I declare under penalty of perjury thi; ©&re �+ true and correct . 4 TOTAL Postage&Fees $ t l t"= Pastma*or Date Dated April 21, 1998 Aaat Martine a i v epu y Cler 1 The Board o u ervNbrsC�or�tra County a&r►i*#Mon SttiiCCosta 8r+a +651 Pine Street,Rmm 106 �> 9 Inez,i is 94553.1293 County An Raw ,at n+ QW»..u ., i iw,.QWbW.&d OMW - MW*DeGaWnW,41hr April 21, 1998 Mr. Donald Kung Reliance Realty Group 400 S El Camino Real, Ste 630 San Mateo CA 94402 Dear Mr. Kung: In accordance with Contra Costa County Ordinance Code Section 14-6.414, you are hereby notified that the hearing by the Board of Supervisors of your appeal from the decision of the County Abatement Officer declaring serious substandard conditionsexist at 57 Mt. View Avenue, Bay Point, in violation of Title 7, Section 712.2-002 and 712.2-404, and declaring said violation a public nuisance is set for Tuesday, May 5, 1998, at 2 p.m. in the Board of Supervisor's Chambers, 651 Pine Street, Room 107, Martinez, California. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.418. A copy of the Uniform Public Nuisance Abatement Procedure is attached for your reference. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing." Very truly yours, PHIL BATCHELOR, County Administrator and Clerk of the Board By B/bg attachment cc-.County Counsel Building Inspection ......... .._...... ..... _._. ....11.11 ..... ........ ................__...... .......__ ..........._.._............ . .......... ....._... ......... ......... ................_.. _ _ __ _ _ _ _................................................... 14x.203-14-4.008 APPEr�.� 142.203 Arrests authorized. Pursuant to administrative action taken by any officer of Paul Code Section 836.5, all county officers this county under this code may appeal from the and employees who have a duty to enforce any action to the board of supervisors,as provided in statute or ordinance are authorized to 'arrest this dMter. {Ord. 70.36 11 (part), 1970: prior persons for violations thereof as provided by code § 1207(part)). law.(Ord. 7&S 1 13). 14.4.004 Notice filed' by appeHant. The Article 142.4 Notices appellant shall, within they days of the action appealed from, file with the clerk of the board a 14-2.402 General. Unless otherwise verified written notice of appeal concisely specially prmded herein, notices and service statim the facts of the cast and the grounds for thereof pursuant to this coda shall be as his appeal including his special interest and provided in Sections 14.2.402 through 14.2.408. k&ry. {Ord. 7036 11 (part), 1970: prior code (Ord. 70.36 § 1 (part), 1970: prior code 11205 1207(part)). 14-2.404 Written. Notices shalt be written- 14-4.006 Setting of hewing — Nance. The 70-36 11 {part), #970: nor code � 1205. Berk of the board shall then promptly set the (Ord. 7 prior matter for hearing at an early regular board (per)). meeting, and shall give the appellant at least five 14-2.406 Service.* Written notices shall be days' written notice thereof. (Ord. 70.36 § 1 served either. (part), 1970: prior Mode 11207(part)). (1) Personally;or 3' deposit in the United States marl in a 14-4.808 Decision final. The board's {2) R � envelope, first , postage prepaid, decision, after appellant has had an opportunity addressed to the person to be notified at his last to be heard, shall be final and conclusive. {Ord. known business or residence address appearing 7036 1 (part), #970: prior code l 207 in the public records or in other records of the (Pa"' matter for which notice is given, and mailed notice shall be deemed served when duly mailed. Chapter 146 (Ord. 70.36 11 (part), 1970: prior code j 1205 (part)). CIVIL ENFORCEMENT* 142.408 Proof of service. Proof of the service of any notice may be made by the Article 146.2 General certificate of any officer or employee of this Sections: county or by the affidavit of any person at least 14-6.202 General. eighteen years old, showing service conforming 146.204 Nuisances. to this code or other applicable law. (Ord. 70.36 Article 146.4 Uniform Public Nuisances I (part), 1970: prior code 11206). Abatement Procedure Sections: 146.402 Uniform procedure. Chapter 14.4 146.404 Definition. APPEALS 146.406 Summary abatement. 146.408 Scope. Sections: 14-6.410 Nuisance declared. 144.002 General. 14.6.412 Service of notice and order 144.004 Notice filed by appellant. to abate. 144.006 Setting of hearing—Notice. 14.5.414 Appeal procedure 144.008 Decision final. 146.416 Appeal fee-Determination of amount/waiver of payment/ 14-4.002 General. Unless otherwise refund. specially provided, any person aggrieved by an *Far the Natatory Pm'+► a vqpwftl wolm by asef#W mm 'Foe the smutm FvVidow the was ty's adm*to as bei elgvW to magft of aatWe by�will.ire Gov. SUU a POW os4 OW4,M Cir. C. 13494;for the nwaWies C. Sa t aadnst a public sFuinsm,ria Cir.C.I3491. 5 (Casa*C"U cowiar AUG 15 1990 .................. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......_......_. 14-6.202-14-6.410 GENEKAL PROVISIONS 14-6.418 Hearing procedure. 14.5.404 Definition. The term "county 14-6.420 Decision. abatement officer" means the county officer 146.422 Time for compliance. responsible for enforcing the county ordinance 146.424 Limitation of action. code provision being violated, which violation 14-6.426 Noncompliance. has been declared to be a public nuisance. (Ord. 14.6.428 Report and notice of hearing. 88.88 § 2). 146.430 Hearing on report. 146.432 Cost as special assessment and 14-6.406 Summary abatement. Nothing in lien. this article prohibits the summary abatement of 146.434 Notice of assessment and a nuisance upon order of the board or upon abatement lien. order of any other county officer authorized by 14.6.436 Manner of collection—Law law tosummarilyabate nuisances, if the board applicable. or officer determines that the nuisance con- 14-6.438 Release and subordination. stitutes an immediate threat to public health 14-6.440 Violations, and safety. Article 14.6.6 Treble Abatement Cost for 1n the event a public nuisance is summarily Repeat Public Nuisances abated, the county abatement officer shall Sections: nevertheless keep an account of the cost of 146.602 Treble abatement cost for abatement and bill the property owner therefor. repeat public nuisance. if the bill is not paid within fifteen days from 146.604 Exception. the date of mailing, the county abatement officer may proceed to obtain a special assess- Article 146.2 General ment and lien against the owner's property in accordance with the procedures set forth in 146.202 General. In addition to the this article, except that, in addition to a review penalties provided by this code, this code may of the costs of abatement, the board shall also be enforced by civil action, directly against hear and determine any issues relative to the the act, omission or condition, or for damages necessity for the abatement or the manner in therefor, for collection of penalties, fines, which the property was declared to be a public deposits, forfeitures, etc., or by other civil nuisance and summarily abated. (Ord. 88-88 proceedings. (Ords. 88-88 § 2, 70-36 § 1: prior § 2). code § 1203). 146.408 Scope.Whenever a public nuisance 146.204 Nuisances. Any condition existing is declared, it may be abated in accordance with in violation of this code is a public nuisance,and the procedures provided in this article. The may be abated in a civil action, summarily or procedures set forth in this article are not ex- otherwise by the county. (Ords. 88-88 § 2; clusive but are cumulative to all other civil and 70.36 11: prior code § 1203). criminal remedies provided by law. The seeking of other remedies shall not preclude the simul- Article 14.6.4 taneous commencement of proceedings pursuant Uniform Public Nuisances to this article. (Ord.88-88 12). Abatement Procedure 14.5.410 Nuisance declared. A county 14.6.402 Uniform procedure. This article abatement officer may declare a public nuisance shall be known and may be cited as the for any reason specified in this code. Once a "Uniform Public Nuisance Abatement Pro- public nuisance is declared, the county abate- cedure." It is enacted pursuant to Government ment officer shall issue a notice and order to Code Section 25845 and is intended to be an abate substantially in the following form: alternative procedure for the abatement of any violation of this code which violation is declared to be a public nuisance. (Ord. 88-88 § 2). (comae come coon 640) 6 APPEALS 14-6.412-14-6.414 "NOTICE AND ORDER TO ABATE waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, NOTICE IS HEREBY GIVEN that (specify the Clerk of the Board will cause the matter to the condition constituting the nuisance) be set for hearing before the Board of Super- visors and notify you of the date and location m vio stion of Saon o Me Contra of the hearing. Costa County Ordwanc eco. The violation has been declared a public nuisance by the If you have any questions regarding this (county abatement of,5go and must be matter, you may direct them to the county abated immediately. 'I ne ppu lie nuisance is on officer issuing this notice at the address or property located at finsert address or other telephone number listed below. letca perty desrripgon') � ISSUANCE BATE YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within Gns+ert 10 ( ame, title, a dress and telephone nunnber (days)or other reasonableperiod) '"' """'"" of the county abatement officer Issuing this consecutive calendar days from the sssuance Notice.)„ of this order. The issuance date is specified below. You may abate the nuisance byortt (Ord. 88.88 12). desired action which, if taken will adequate remedy the situation) you ra to 146.412 Service of notice and order to abate the pu 'c nuisance within the number of abate. The notice and order to abate shall be days specified, the county may order its abate- served ars the fallowing manner: ment by public employees, private contractor, (1) By certified mall, addressed to the or other means. The cost of said abatement, if owner at the address shown on the last equalized' not paid, may be levied and assessed against the assessment roll or as otherwise known, and property as a special assessment lien and may addressed to anyone known to the county be collected at the same time and in the same abatement officer to be in possession of the manner as ordinary county taxes are collected, property at the street address of the property' subject to the same penalties, procedures and being abated. Service shall be deemed to have sale in case of delinquency. been completed upon the deposit of said notice and order, portage pm-paid, in the United YOU MAY APPEAL FROM THIS ORDER States math;and OF ABATEMENT, but any such appeal must (2) By posting, within one day of the date be brought prior to the expiration of the num• of mailing, such notice and order to abate con- bet of clays specified above for completion of spkvously in front of the property on which, abatement. The appeal must be in writing; or in front of which, the nuisance exists, or if specify the reasons for the appeal; contain your the property has no frontage, 'upon the portion name, address and telephone number; be ac- of the property nearest to a street, highway, or companied by an appeal fee of dollars road, or most likely to give actual notice to the (S ); and be submitted to the erk of owner and any person .known by the county the €lard of Supervisors at the following abatement officer to be in possession of the address: property.(Ord. 86-88 12). Clerk of the Board of Supervisors 14.6.414 Appeal procedure. Any owner or County of Contra Costa other person in possession of the property may 651 Fine Street, Ist door appeal to the board within the number of days Martinez,CA 94553 allowed in the notice and order to abate. The appeal shall be submitted in writing, specify One who is legally indigent may obtain a the grounds upon which the appeal is taken, 6a (Costas gores co"W"#.$9) DEC 5 1989 .................................................................................................................................... ........................... ........................................................... .......... 146.416-14-6.418 GENERAL PROVISIONS contain the name, address and telephone num- if the appeal fee is paid and the board finds ber of the appellant, be accompanied by the there is no public nuisance, the appeal fee shall payment of an appeal fee and be filed with the be refunded to the appellant without the pay- clerk of the board. Upon the filing of a timely meat of any interest which could have accrued. and complete appeal and payment of the appeal (Ord. 88-88 § 2). fee or submission of an application for a fee waiver pursuant to Section 146.416, further 146.418 Hearing procedure. The hearing abatement action shall be stayed until the appeal before the board shall be conducted in sc- is acted upon. The clerk of the board shall set cordance with the following procedures: the matter for hearing before the board and (1) The appellant shall have these rights' to notify the parties in writing of the date and be represented by legal counsel; to call and location of the hearing, at least ten days prior examine witnesses-, to introduce exhibits;and to to said date. (Ord. 88.88 § 2). cross-examine opposing witnesses through the chair on any matter relevant to the issues. If 14-6.416 Appeal fee—Determination of the appellant does not testify on his or her own amount/waiver of payment/refund. The amount behalf, he or she may be called and examined of the appeal fee shall be determined period- as if under cross-examination. ically by the board based upon the costs in- (2) The hearing need not be conducted ac- curred by the county in processing appeals pur- cording to technical rules relating to evidence suant to this article. The calculation shall and witnesses. Any relevant evidence shall be include all costs of the county abatement admitted If it is the sort of evidence on which officer, the clerk of the board, and any other responsible persons are accustomed to rely in county department which is involved in the the conduct of serious affairs, regardless of the processing of appeals, but shall exclude actual existence of any common law or statutory rule costs for any work of abatement. which might make improper the admission of If the appellant claims an economic hardship such evidence over objection in civil actions. in paying the appeal fee, he or she may submit Hearsay evidence may be used for the purpose an application for waiver of the appeal fee on of supplementing or explaining any direct evi- forms provided by the clerk of the board for dence but shall not be sufficient in itself to that purpose. The forms shall be substantially support a finding unless it would be admissible similar to those required of litigants initiating over objection in civil actions. The rules of court proceedings in forms psuperis pursuant to privilege shall be effective to the same extent Section 68511.3 of the Government Code. The that they are now or hereafter may be forms shall be executed under penalty of peliury recognized in civil actions, and irrelevant and and contain a declaration as to the truthful- unduly repetitious evidence may be excluded. ness and correctness of the information con- (3) The hearing shall be conducted in the tained therein. Upon submittal of the completed English language. The proponent of any testi- forms,the appeal fee shall be waived. mony to be offered by a witness who does not Upon Ming a timely and complete appeal proficiently speak the English language shall and for good cause shown, the clerk of the provide an interpreter,approved by the board as board may grant the appellant a Period Of time proficient in the English lantuage and the beyond expiration of the appeal period in which language in which the witness Will testify, to to complete and submit the waiver formL In serve as interpreter during the hearing. The no event shall the additional time exceed three cost of the interpreter shall be paid by the work days. party providing the interpreter. The board may Failure to submit the waiver forms or pay the compile and publish a list of interpreters known appeal fee in a timely manner shall cause the to be proficient in various languages. appeal request to-be automatically denied. En- (4) A party may have the hearing steno- forcement of the order to abate, MAY then graphically reported at said party's expense. proceed as if no appeal request had been Oral evidence may be taken under oath if submitted. requested by a party. 6b (C90"cow comfy 5.49) CrYIL ENFQR146.420,--146,430 (5) The hearing may be continued from time to When the county has completed the work of time upon request of s party to the bearing and abatement,or hes paid for such work,the acetal cost upon a showing of good cam therefor.(Ord.8848 thereof,together with any admintstrstive cost, shall 12). be charged to the owner of the property. To this amount atahali be added the appeal fee if it bad been 146.420 Decision.At the conclusion of the hear- ward pursuant to Section 14.6,416 and reasonable in& the board shall revue, modify or affirm the attorneys' fames if the county has elected to seek determinations of the county abatement officer and recovery of its attorneys'fees at the initiation of the may direct the county abatement ofd to proceed proc ee fts.The con Maud arr ousts shall be includ- and perform the work of abatement if to performed rforamed ed in a bill and seat by mail to tbae owner, if not by the owner or the 'person in possession of the paid prior etc► The bill shall inform the owner' property within a prescribed period of time. The that failure to pay the bill within fifteen Calendar decision shall be in writing,certain necessary find- days from the date of crave Wg may result in alien fangs,and be filed with the clerk of''the board follow- upon the property. (Urrdss. 97-19 12, 88-88 § 2, ing the conclusion of the hearing. A c of the Gov. Code 125845(c)). decision'sball be sent to each party ggvaari ng at the hearing, and if no appearance was made by the 146.428 Report aaltaud notice of bearing. If the appellant, to him or her by mail, at the address bili is not paid within fifteon days from the date of specified in the atppeal. The decision of the board mauling, the county abatement officer shall tender shall be final when filed with the cwt of the board. an itemized report in writing to the clerk of the The county abatement officer shall be responsible board for submittal to the board for hearing and, for pmpaaing,mailing and filing the decision.(Ord. confunig ion. The report mall include, at a mini- 88-88 §2). mum, the names and addresses of the possessor of the property and all persons having any record inter- 1".422 71me for comaphimer.If the board de- est in the property (including but not limited to, cities that the order to abate should be enforced,the holders of mortgages or deeds of trust), the due owner or person in possession of the property shall upon which the abatement of the m usance was comply with the:order within such period of time as ordered, the date the abatement was complete, a may be pr,escrlbed, and in the: absence of any pro. description of the read property subject to the lien, ascribed time. within thirty days from the date of and the amount of the aaibataem eat cast. At least ten mailing of the final decision.The prescribed period days prix to said bearing; the clerk of the board of time'shall commence on the date of mailing of shall give notice. by tamed mail, of said bearing the final decision. (Cid. 8&88 $2). to all parsons narned in the county abatement officer's report.Said notice shall be prepared by the 1"424 LAmttatio n of a cdom Any court action county abatement officer and shall describe the or proceeding to attack, review, set Wde, void or property by assessor's lel number and out annul the board's decision pursuant to Section 14- number or some other description sufficient to en- 6 420 shall be commenced within thirty calendar able identification of the property and contain a days of mailing ng of the decision.Thereafter all pct- statement of the amount of the proposed assessmaent. sons are barred from coercing any such action (Ord. W98 2). or proceeding and from asserting arty defense of invalidity or unreasonableness of such decision, 1"430 Ream an ram. At the time fixed pmao ing,acct or determination. (Chad. 88-88 2). for receiving sad considering the rreport#the board shall hear it and any objections of my of the owners 1"A26 Noncomphacaaae, Upon the failure, ne- liable to be assessed for the work of abatement or gleet or refusal to properly comply with the order any other persons who nnay have a legal ianamt in to abate within the prescribed time period,the coon- the property. The board may add to the proposed ty abatement officer may cause to be done whatever assessment an amount nt equal to the cost of condact- work is necessary to abaft the public nuisance. An ing the assessment confirmation'bearing.The board aaxount of the cast of abatement shall be kept for may also make such odea modifications in the each separate assessor's parcel involved in the report as it deems aneacessaary,after which,the board abatement. may order the report confirmed. Tare outer and i►i ti } modified report shall be filed with the ark*of the F-IRIE- ION 2 5 P97 (Con c CONY na y) tr ter.SJPTtrrtS0RS . w„ .....................................................................................................................11....11 ''I'll 11 ............. . ......... ......................................................................................... 14-6.432-14-6.440 GENERAL PROVISIONS board, and as filed shall be final and conclusive. 146A36 Mmm otedketion—1AW apPlks- (Ord. 99-88 12). W Thereafter,the smounu of the usessmient$13all be collected at the same time and in the sam man- 1"A32 Cost as specW anessnwnt sod lim neT as county taxes are collected,and are subject to The amounts and the cow of abatement mentioned the same penalties and the saw procedure and sale in the mport as confirmed shall constitute a special in cm of deHw#mq as provided for ordinary usessmgm against such property and are alien on county tam.An laws applicable to the levy,collec- the property for the amount of the respective assess- tion and enforcement Of COMY taxes are&Mhc*lt ment. to such assessments,eexcW 69 if any MW PvPatY In addition to its rights to impose said special to which such hen would Aftwh has been transferred assessment, the caunty shall retain the Alternative or conveyed to a bona fide purchaser for value, or right to recover as costs by way of civil action a lien of a bona fide encum for value has against the owner and person in possession or con- been created and attachn thenon prior to the due trot jointly and severally. (Ord. 88-88 12). on which the first mstellment of such taxes would become delin*ient,then the hen which would other 1".434 Notice of assessment and abatement wise be imposed shall not attach to such"proper- hm Mw county abatement officer shell record at ty and the cost of abatement and the cost of enforc- the office of the county recorder,and deliver to the ing the abatement as, comfirrued, relating to such auditor-controller, a certificate substandelly in the property, shall be trandenid to the unsecured roll following form: for collection. (Ord. 8848 12). "NOTICE OF ASSESSMENT AND 146.438 Relmse mad sabonlinedom An abate- ABATEMENT LJEN went hen created under this article may be released (Public Nuisance Abatement) or subordinated by the county abatement officer in the same manner as affixigment fin on nal property Pwumt to Government Code Section 25945 and may be released or subordinated. (Ord. 88-88 § 2). Ordinance Code Article 14-6A,Contra Costa Coun- ty abated a public nuisance on the parcel of mW 144A40 VioNdloaL It is unhwfW for any person property descnUd below.of which the named per to interfere with the performance of the daties,hem- sm(s)is the owner of record or possessor,and fixed in specified for the county abatement officer or any the bclow-shown amount as the cost thereof and azitlxxized officer or employee thereof,or to refuse thereby claims a special assessment against said to allow any web officer or employee or approved property for this amount. private contractor, to enter upon any prMses, for 1. RECORD OWNER(S): . . . . . . . . . . . . . . . the purpose of abating the public nuisance or to LAST KNOWN ADDRESS: . . . . . . . . . . . interfere in any manner whatever with said officers 2. POSSESSOR(S) (if different from or employees in the work of owner): . . . . . . . . . . . . . . . . . . . . . . . . . . LAST KNOWN ADDRESS: . . . . . . . . . . . 3. DATE ABATEMENT ORDERED: . . . . . . 4. DATE ABATEMENT COMPLETED: S. PARCEL: Real property in Contra Costa County,Caffomis:County Assessor's parcel#. . . . . . . . . . . . . . . . . . jollier description where needed] . . . . . . . . 6. AMOUNT OF ABAIWENT (ASSESSMENT)COST: . . . . . . . . . . . . . . Dated:. . . . . . Contra Costa County By. . . . . . . . . . . . . . . . . . . . County Abaternent Officer- (Ord. W8812). (Cooft Com Csmty 1"7) 6d ........... ............................................... . ..............................................................................................................................................................................._................ ......... ......... ......... ............._._..... ..................__.... ............ ....._..._..._......_.._. .._.........._........ CRIMINAL ENF0RCEM,,.-,4T 14-6.602T--14-8.008 abatement. Any person violating any of the provi- 1".004 Violation--Pwnshment. (a) infrxc- cions of this chapter shall be deemed guilty of a tions. Except as otherwise provided by statute or misdemeanor unless, in the discretion of the prose- this code, every infraction violation of this code is cutor, it is charged as an infraction. (Ord. 88-88 punishable, upon conviction thereof, by. 2). (1) A fine not exceeding one hundred dollars for a fust violation; Article 14-6.6 (2) A fine not exceeding two hundred dollars for Treble Abatement Cost for Repeat a second violation of the saw ordinance within one Public Nluisanm year; (3) A fine not exceeding five hundred dollars for 14.6.602 Treble abatement cera for repeat each additional violation of the sane ordinance public nttiaancs. In addition to all other remedies within one year. available under the law, including the penalties (b) Misdemeanors.Except as otherwise provided provided in this eyrie, upon entry of a second or by state law or this code,every misdemeanor viola- subsequent civil or criminal judgment within a two- tion of this code is punishable, upon conviction year period finding that an owner is responsible for thereof, by imprisonment in the county jail for not a condition that may be abated pursuant to Article over six months and/or by a fine of not over one 14.6.4,the court may order the owner to pay treble thousand dollars. (Ords. 84.18, 76.51 1 1, 70.36, the costs of the abatement. (Ord. 89-79 12, Gov. 1457: prior aide $ 1244 (part): see Govt. C. I Code, 125845-5). 25132 (b), Vehicle Code 42041(a), and Penal Code 119). 1".604 Exception.Section 14-6.602 shall not apply to conditions abated pursuant to Health and 14-8.806 Violation--CC► uft. Acts, oms- Safety CodeSection 17980. (Ord. 89-79 12: Gov. siorns or conditions in violation of this code which Code, 125945.5). continue,exist or occur on more than one day con- stitute separate violations and offenses on each such day. (Ord. 74-36, prior code 11200 (part)). Chapter 14-8 14-8.009 Infraction wT est and citation. (a) CRIA AL ENFORCEMENT* The following officers,or the designated subordi- nates,shall have and ane hereby vested with the au- Sections: thority to arrest any person who violates the follow- 14-8.002 Violatiow-Infraction. ing provisions of this code punishable as infractions: 14-8.004 Violation—Punishment. (1) Director of Health Services--Division 413 14-8.006 Violation--Continuing. and Chapter 450.6; 14-8.048 Infraction sanest and citation. (2) Director of Building Inspection--Title 7; (3) Director of Community Development--Title 14-LOO2 Violation---lection.Except as oth- 8; erwise provided(and regardless of the avail-ability (4) Director of Public Works--Divisions 1002, of other civil or administrative remedies and proce- 1014, 1414, 1106 and 1110; dures for enforcing this code),every act or condition (5) Director of Growth' Management and Eco- prohibited or declared unlawful by this code, and nomic Development--as provided by Section 16- every failure or omission to act as required herein, 4.012. is a violation of this code and is an infraction. (b) The above-listed officers,or their designated (Ords. 76.51 1 1, 70-36, 1457: prior code 12100 subordinates, may issue citations for infraction (part): site Govt. C. 125132(a)). violations of the above-listed code provisions. (c) The county administratm may by written order issue regulations to provide for administration, procedures and policy direiction for this section. *Far the SNOW*deMtian of a mk&ro anor,me Pen.C.1 17;for (Ords.96-21 12,95-36 11,90-122 12,86-8012; ae pammwry provisions mvrding confinement in the county jail as Penial Code If 19.7, 836.5, and 853.6). punishmm for a rniS&Me aor.ate?ea.C.f4 19 and 19L 6e (CON"Gown Cbwxy t 1.96) ......... ......... ......... ......... ......... ......... ......... ......... ......... ......._. 1.11.1 .. ...._...... .1.1.1..1... ...... ......... ......... ......... ......... ......... ......... .. 4-10.002--4-10.004 GEM AL PROVISIONS Chapter 14-10 CIVEL PENALTIES Sations. 14-10.002 Violation—Civil penalties. 14-10.004 Civil penalty schedules. 1410.002 ''V'tolado --CM putties.Notwith- standing any contrary provision,any violation of an ordinance code section governing the standing or parking of a vehicle is subject only to a civil penalty and civil fees and charges, as provided pursuant to Sections 40240 and 44203.5 of the California Vehi- cle Code. (Ord. 93-8212). 1410.(104 Civil penalty seb ddulm The board shall establish and modify from time to time, by resolution, schedules of parking penalties for park- ing violations,late payment penalties,administrative fees, other related charges, and civil penalties for standing and parking violations, as provided in California Vehicle Code Section '40203.5 or as otherwise provided by law. (Ord. 93-82 § 2). .CrzJVrzD DEC 3 Q 1996 CIAR GOt+t'tfV► COS p,CO�$ORS (COM caro ODOM 1 ice) 5f __ __..... ......... ......... ....._... ............ ......... ......... ......... ......... ......... ......... _........ _. __._.. .. _._.... ......... ......... ......... ......... ........ . .................................................................................. CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Timothy Griffith, Building Inspection 1 651 Pine Street, 4th Floor Martinez CA 94553 DATE: April 15, 1998 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Donald Kung, Reliance Realty Corp. for Sutjojo, from the decision of the County Abatement Officer on property located at Parcel #APN 095-093- 015, 57 Mt. 'View, Bay Point. This memorandum will confirm my telephone conversation with you this morning, April 15, 1998, that the above subject appeal has been rescheduled for hearing before the Board of Supervisors on May 5, 1998, at 2:00 p.m. If there is no objection to this date and time, please submit the appropriate material for the Board's consideration to this office by-April 20, 1998. Thank you. BG/b cc: County Counsel Building Inspection .................................................................................................................................. ............ CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Carlos Baltodano, Director Building Inspection Department Attn: Timothy Griffith, Building Inspector I DATE: March 31, 1998 FROM: Barbara Grant, Deputy Clerk, Clerk of the Board of Supervisors SUBJECT: Appeal by Donald Kung, Reliance Realty Group, for Sutjojo from the Decision of the County Abatement Officer Declaring a Public Nuisance (C.C.C. Ordinance Code Section 14-6.410) substandard structure,on property located at 57 Mt. View, Bay Point area. This office is in receipt of the attached appeal by Donald Kung, Reliance Realty Group, for Sutjojo, from the decision of the County Abatement Officer (Timothy Griffith) declaring as public nuisance (C.C.C. Ordinance Code Section 14-6.410) the substandard structure (in violation of Section 106.1 UBC Title 82-2-006) on property located at 57 Mt. View, Bay Point area. This appeal has been tentatively scheduled for hearing by the Board of Supervisors on Tuesday, April 28, 1998, at 2-00 p.m. in the Board chambers. Please notify this office in writing by April 8, 1998, whether this appeal should be heard or if it is untimely or there is any other reason it should not be heard by the Board of Supervisors. If the appeal is timely and should be heard, please include the names and addresses of parties to be notified in addition to the appellant. If the appeal is to be heard on April 28, 1998, at 2:00 p.m,, as scheduled, please submit the appropriate material for Board consideration to this office by April 22, 1998. Thank you. bg attachment cc: County Counsel r °, _ C S g