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HomeMy WebLinkAboutMINUTES - 06161998 - D7 TO: BOARD OF SUPERVISORS FROM: Carlos Baltodano, Director, Building Inspection Dept. By: Jim Burnett, Building Inspector II DATE: May 19, 1998 SUBJECT: Appeal of Abatement action at 1925 O'Hara Avenue, Oakley, APN # 034-070-013. SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND ANS JUSTIFICATION RECQ_MMZATIQNS: 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. FOAL IMPACT: None if voluntary compliance. The cost to the Building Inspection Department could be approximately '$10,000.00 if the Department continues and completes the abatement. BACK' G QR =L t AjjOXS FOR RECOMMENDATIONS: On January 27, 1998, a complaint was received concerning an open and abandoned structure. The Building Inspection Department verified the complaint and notified the owner. The owner, Mr. Michael Kuimelis' requested an extension to March 1, 1998, to complete the demolition himself. As of April 30, 1998, the building remained open and abandoned. The Building Inspection Department has declared and posted this substandard property in violation of Title 7, Section 712-2.004 and Section 712-2. 006. The owner has appealed the decision of the abatement officer. Staff recommends that it be directed to proceed and perform the abatement. CONTINUED ON ATTACHMENT: YES SIGNATURE !��4 � C. ~-' RECOMMENDATION OF COUNTY ADKINISTRATOR__ ____,RECOMMENDATION OF BOARD COMMITTEE ' APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON JuU p... 16 r 1 9 8 —APPROVED AS RECOMMENDED OTHER IT IS BY, THE BOARD ORDERED to CLOSE the public hearing; and APPROVE staff ' s recommendations set forth above; and DIRECTED staff to proceed with the abatement following a 30 day delay. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT _ - - - TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: 1 BSTAIN: M114-UTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Juste 16 , 3998 prig: PHIL BATCHELOR, CLERK OF CC: Bldg. I n s p e c . THE BOARD OF SUPERVISORS County Counsel AND AD1�tINIB'i'RA'1"L)R B ,DEPUTY The Board of supervisu s Con tra C' ow'of to Owd County Administration Building LCounty '�/ +�L Gt cotM a)k'� 661 Pine Street,Room 106 `.y!�U��� Macaw,California 94653-1293 Jim Pk*mm,lot DWbi d ftyb B.UMMM,2nd DWat s 0 Doris Qwbw.Std Dkdit WA&DeGauNNw',1th DW M Jw fib,5th 018WO a May 22, 1998 MICHAEL KUIMELIS 3510 Unocal Place, Ste #100 Santa Rosa CA 95403 Dear Mr. Kuimelis: In accordance with Contra Costa County Ordinance Code Section 14.6.414, you are hereby notified that Tuesday, June 16, 1998, at 2:30 pxL, is the date and time set for the hearing in the Board of Supervisors' Chambers, 651 Pine Street, Room 107, Martinez, California, of your appeal from the decision of the County Abatement Officer declaring the opened and abandoned building, located at 1925 O'Hara Avenue, Oakley, CA, in violation of Section 712-2.004 and 712-2.006 of the Contra Costa County Ordinance Code and declaring said violation a public nuisance (Contra Costa County Ordinance Code Section 14-6.410). 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 enclosed for your reference. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Very truly yours, PHIL BATCHELOR, County Administrator and Clerk of the Board B DEP TY C attachment cc:County Counsel Building Inspection File List N Fb h -k � gl x+ Q r tom? r tw1 � x M ru s Ln vLn r ru Ln nj RJ Ja �r CO r r. BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) MICHAEL KUIMELIS ) 3510 Unocal Place, Ste #100 ) Santa Rosa CA 95403 ) Re: Appeal ) I declare under pt j R: also wish to receive the •Complete henna f"or 2 for additional services. have been a citizen of tt a =Complete items 3,4&,and 4b. follotxing services(tor ar ' KPr6�t your name and address on the mvw"of tufo form so that we can retwn this extra fee): Mail with Contra Costa t � �ardtoyatt. •Attach this to the born of the maitpieas,or on ft beds if space does not 1. D addressee's Address ' Service in Martinez, Cali permit. a Wstte A mm R&PW Requaslmt'on the rrtuilpfe09 below ttte article nwnher. 2.C3 Restricted Dettvery above matter to the folio, •Tree Pom Ault will show to whom the adide was delivered and the date � C delivered. Consult postmaster for fee. MICHAEL KUIMELIS 1 3.Article Addressed tit: 4a.Article Number P 160 254 210 3 3510 UNOCAL PLACE, MICHAEL KUIMELIS 4b.Service Type m SANTA ROSA CA 9540 100 Shoreline Highwa , 0 Regiftered Cettlfled co Bldg #B #310 d Express Mao 13 Insured MICHAEL KUIMELIS Mill Valley CA 94941 d €i$wm Ipx for Merz n 0 000 ' `._...'� 100 SHORELINE HIGH r� BLDG # B #310 g,'4.alved Sy:(Print Name) .Addressee's Address(only tf requester! � MILL VALLEY CA 949 tee is paid) reseee orAgent) THERON M. WHEELED � ry MARY L. WHEELER r* orfn 11,December 1994estic etuCrt ekreipt 1973 O'HARA AVE. OAKLEY CA 94561 � 4b.Service Type JEAN MICHAELIDES E c 0 f gistated certlf ed 00 1063 Dolores Drive MICHAEL KUIMELIS0 Express f,9ai! I.0 Insured { � Lafayette CA 94594 .� GEORGE PADIS " g,..f.,Att,-,�eiatfer:Morcharxm .11 Coli ... I 1925 O'HARA AVENUI aCompiats items t and/or 2 for additfonol services, 14190 wish to receive the OAKLEY CA 94561 aCornplats Items 3,4a.and 4b. following services(for an r Print youorruuname and address on the mverto of No farm so that we can Tatum ftextra fee): a h this form to the front of the mallplece,or on the baric if space Boas not f. C3 AddrTsee'e Address JEAN MICHAELIDES t. ! 1063 DOLORE S DRIVE 0nm Ratm Rece will shoReqw t Mom the a k�wasdelivered _article number 2.© Ftp ted Delivery ' delivered. Consult ptsstm ter for fee. ' LAFAYETTE CA 94594 ! 3.Article Addressed to: 4a.Arffcle Number i 160 254 209 . THERON M. WHEELER 4b.Service Type MARY L. WHEELER © Registered XCertf dcc 1973 O' Hara Avenue D Express Mall p Insured Oakley C A 94561 l Rehm receipt for Mercherdse 0 Cad � 7 l]a#e of Delivety paRNME •Complete i I anwor 2 for additlonel aftr 4m- I also wish to twelve the w sComptals items 3,4a,and 4b. following services(for a' " i •Print your-nams and address on ft reverse of tate form so that wa can ratufn this extra tee): u. ■ s thto is form to the frsmt of the mailpiaea,or on the back if space does not 1 a 0 AddresseWs Address m a Write"Return ReoW AsquestW on the mallpiece below ft article number 2.13 Restricted Delivery I declare under p, + ' Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3.Article Addressed to: 4a.Arm Number +Dated May 22, 1998, at B 160 254 208 MICHAEL KUIMELIS 4b.service7yr 3510, Unocal Place, 0 Registered �Geftlfted � Ste 1 0 0 p Express MeH 0 insured Santa Rosa CA 95403 i D Return f apt for Merclw se © COD 7.Date of Delivery VAV 5.Received By:(Print Name) 8.Addressee's Address(Only ff requested and f"is paid) 6.SrA tuts: sees or Agenf) PSDecember 1994 orrtest l scum Ret tipf� K AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA } I declare that I am a duly appointed, qualified employee of the Building Inspection Department of the County of Contra Costa, State of California, that pursuant to Uniform Building Code Section 203 and Uniform Housing Code 1990 Edition, Sections 1101, 1102 and Chapter 1, Subchapter 1, Title 25 of the California Administrative Code: ._K 1. I deposited attached document{s} in the United States Post Office in the City of Martinez, certified mail postage prepaid, return receipt requested, to the persons hereinafter set forth and in the form attached hereto. 2. I posted the attached documents on the structure on the property as herein listed. 3 . I have mailed a copy of the attached documents to the following persons C/O the County Clerk. 4. Hand delivered. Miachael Kuimelis George Padis 1925 O'Hara Ave Oakley, CA 94561 Michael Kuimelis 100 Shoreline Highway Bldg #B #310 Mill Valley, CA 94941 Jean Michaelides 1063 Dolores Dr. Lafayette, CA 94594 Theron M. Wheeler and Mary L. Wheeler 1973 O'Hara Ave. , Oakley, CA 94521 Instrument #92-293338 SITE: 1925 O'Hara Ave. , Oakley APN: 034-070-013 Said notices were mailed/posted on APRIL 30. 1998 I declare under penalty of perjury that the foregoing is true and correct. Dated: APRIL 30, 199,-at Martinez, California. 11 1 + PCD CLERK CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT INTER--OFFICE MEMO DATE: May 19, 1998 TO; Clerk of the Board of Supervisors Attn: Barbara Grant FROM: Mickie Perez, Chief, Property ConservatioDivision By: Jim Burnett, Building Inspector II SUBJECT: Appeal Filed by Michael Kuimelis Concerning Declaration of Public Nuisance (Open and Abandoned Building) by Jim Burnett, Building Inspector II This department acknowledges the appeal hearing date and has no objection of it being set on June 16, 1998 at 2: 30 p.m. JAB:pc CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Carlos Baltodano, Director Building Inspection Department Attn: Jim Burnett, Building Inspector II DATE: May 12, 1998 FROM: Barbara Grant, :Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Michael Kuimelis from the Decision of the County Abatement Officer Declaring a Public Nuisance (C.C.C. Ordinance Code Section 14-6.414), opened and abandoned building, in violation of(C.C.C. Ordinance Code Section 712-2.004 and 712-2.446) on property located at 1925 O'Hara Avenue, Oakley area. This office is in receipt of the attached Appeal and copy of the check of Michael Kuimelis from the decision of the County Abatement Officer (Jim Burnett) declaring',as a public nuisance (C.C.C. Ordinance Code Section 14-6.414) an opened and abandoned building, in violation of(C.C.C. Ordinance Code Section 712-2.044 and 712-2.406) on property located at 1925 O'Hara Avenue, Oakley area. This appeal has been tentatively scheduled for hearing by the Board of Supervisors on ,bane 16, 1948, at 2:30 p.m. in the Board Chambers. Please notify this office in writing by May 19, 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 June 16, 1998, at 2:34 p.m. as scheduled, please submit the appropriate material for Board consideration to this office by May 29, 1498. Thank you. B:bg attachment cc: County Counsel ,.: MICHAEL B. KUIMELIS REE..�n.<,.�..._ 3510 Unocal Place, Suite#100 Santa Rosa,CA 95403 (707)568-3290 MAY S a ;y 918 UYOF S ,_. .; May 8, 1998 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, 1st Floor Martinez, CA 94553 Gentlemen: Enclosed is my check, in the amount of $125, in accordance with the attached. As a result of moving my office, your letter reached me three or four days ago and I have since left three messages for Mr. Burnett without a return call. Sincerely, s i ael B. +Kuimel ENC: ispection Department Contra ✓FYSGRVe"l!IVLY kd7Y'JfV7Y )OD PRESERVATION PROGRAM Costa my 0 1198 � uounty w t i,4tft P14ar _ � • . )rnia 94W3.0152 120 21 U.S. PO S Y A 9> Michael. Kuimels .100 Shoreline Highway Bldg #B Cc''Il iED MAIL #310. Mill Valley, CA 94941 •• KUXM100 949410094 1196 07' 05/04I4d �� NOTIFY SENDER OF NEW ADDRESS :MICHAEL E KUIMELIS 3510 UNOCAL PL *5TE-100 SANTA €iOSA CA g5403--0900 1 4 c�4 i } 3 6 4 S 01 flr�ritiilrrlrrfF�xrrrtl�rE�rrrtlfrrtttrt�trtrr:r�I�irrr3rirt� . .... ........................... "N O T I C E A M D O R D E R T O a a A T E" C. C. C. ORDINANCE CODE 14-6.410 NOTICE IS HEREBY GIVEN that opened and abandoned building is in violation of Section 712-2.004 and 712-2._006 ' of the Contra Costa County ordinance Code. The violation has been declared a public nuisance by Burna&t. building Inspector II and must be abated immediately. The public nuisance is on property located at ' - 013 YOU ARE HERESY ORDERED TO ABATE BAID 'PUBLIC NUISANCE within (10) ten consecutive calendar days from the issuance of this order. The issuance date Is specified below. You may abate the nuisance by r. Rair to habitable ton iti on or demo ion. 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 PRAM THIS ORDER OP 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 HUNDRED TWENTY FIVE dollars ($125,90) ; 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, I;ATF v ----- - ITIM 651 Pine St. , 4th floor, Martinez, CA 94553- 1925) 4553{925) 335-1138 8 NOW I = J044 a 0 t—+ f-j* rorroil m0 "C0 N m 061 hh y� C5 � ;L# > 7 ��y0m M m rt 0 w ft cn 0 rt0 c Cr it � x