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HomeMy WebLinkAboutMINUTES - 06091998 - D10 D. TO: SOMW OF SUPERVISORS FROM: Carlos Baltodano, Director, Building Inspection Dept. By: Jim Burnett, Building Inspector II DATES May' 19V 1998 SUBJECT: Appeal of Abatement ;action at 724-720- Port Port street, Crockett, APN # 354-142-010. SFECIFIC REQUEST($) OR M09ENDATTONS M & BACKGROUND AND JUSTIFICATION g2So 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. y1gCAJA =M : Done if voluntary compliance. The cast to the Building Inspection Department could be approximately $140250.00 if the Department continues and completes the abatement. pX ON cO : On October 31, 2996, a complaint was made to the Building Inspection Departmentconcerning an open and abandoned structures at 724-728 Part Street, Crockett. An inspection verified that the substandard buildings constituted a public nuisance. The Building Inspection Department continued written and verbal correspondence to the owner and her representative, Mr. Jackson. Mr. Jackson demolished one of the three structures, procurred permits and secured the remaining two structures. During the six months the permits were 'active, no work was done and no inspections were requested. Subsequently the permits were expired and the buildings once again became unsecured, On April 27, 1998, the Building Inspection Department posted the property a public nuisance per Title 7, Section 722-2.004 and Section 7122.006. The responsible parties have been notified. As of today the buildings remain in non--compliance. Staff recommends that it be directed to proceed and perform the abatement. CONTINUED ON A'T'TACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S) : p ACTION Fl BOARD ON June 9 1998 APPR ?VET3 , CO� E "" tTHER �_ orence Hurley, apps an, res , an rancisco; an Kennet ae son, 8 u ton tree , an ranczsco, commented on the abatement and future plans for the structure; Following testimony and Board discussion,IT IS BY THE BOARD ORDERED that the hearing is CLOSED; and the above Recommendations are APPROVED, with a delay of action for 30 days. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT Sup, III TRUE AND CORRECT COPY OF AN ,AYES: NOES : ACTION TAKEN AND ENTERER ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact : Bob Drake (335--1214) 1998 Orig: Community Development Department ATTESTED June 9, CC: Bldg Insp PHIL BATCHELOR, CLERK OF Appellants THE BOARD OF SUPERVISORS AND ADMINISTRATOR By , DEPUTY Re-quest to Speak LP (THREE (3) MiNUTE LIMID COnVIeteWoformmd ft in dw box nw before lire #�, S7 - 73 57 P 4 f. toil or o �ti CHEMONS Oum v of ,. lwbhtospeak an► Agen& h #_ MY %^win www . , t ado not wish to *a& but cavo twe comnuft for tim # ood to lconaaker Re4uest to Spea:k :::.,....,:*or r (THREE ) MINUTE i nD cowete d* fID"n aw p!m ft in tin box a ft VeAem"mum awl the kww& ap Offm ON& Owfiv of , Y wilt --- =. ,._.._,� ,.r.,.., .,.,,.,.,.., 1 do-rwth sto �c but`juve COIN" eats #ter &Z SOW The Beard of Supervisors ContraPhD Safthelor County Aftinistmbon Suil&Vc + t+ W 651 Pine Stmt,Room 106 Costa (310) WD Martinez,Caldomia 94553-1n3 County Ow►rwl�arf�t,Std[7�rict ,,/,•_� -x.;: .,, Wrk d�BruxiMrt,ith Oirtrid ''1`�'�~ � `'� May 21, 1998 FLORENCE HURLEY 2056 15th Avenue San Francisco CA 94116 .Dear Ms. Hurley: In accordance with Contra Costa County Ordinance Code Section 14-6.414, you are hereby notified that Tuesday, June 9, 2998, at 2:00 pm., 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 i declaring an opened and abandoned building at 724 - 728 Port Street, Crockett, CA, in violation of Section 712-2.004 and 712-2.046 (Substandard) of the Contra Costa County Ordinance Code and declaring said violation a public nuisance (Contra Costa County Ordinance Cade 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 andlerk of the Bo d By DEPUTY LCX attachment cc:County Counsel Building Inspection File List .... .............. . ............ ................. ...................... ............... .......... ................... N (� O low �h # 3 crr c r s W O t # ' N ' fl ri co TIN w � Ul ^S. s'sws...ssM�3'} r }"9 w r� ti nu w '' Ln m .�. it00 ...� -� a whci a r :» 41 . r Ci - i j, oo 4 o cc +� m c AS Is your i5^nrrrpteted on the revere % SENDER: t i aiso wish to receive'n s Compete items t 9ntrJor 2 to additions:services. A ■Complete items 3,4a;and 4b. following services(for c3f1 n M'�n 3 * ■Print yoe;t name and address on tbo reverse of this form so that we can return this extra fee): � zn � �K tL"D card to you. _ s a Affadh this form tot E front of the maiip eco,or on the back if space doe:tzot #.❑ Addressee's Address " k 2.❑ restricted Delivery 0:: � G � a Write"Return Recce pt Regvested'on the ma:tpiece below the artiele number , a Tne Return Receipt will show to whom rite arida was delivered and the date Consuit pClstm88ter for€e$. y � 0 E c u.Article Addressed to: 4a.Article Number 04' J P 160 254 3V, _ fz BENEFICIAL CALIFORNIA INC. 4b.SPni:ee Type _ y o C 7 4 t 0 Fie stered Certified o >) a a 2045 IRVING STREET giv SAN FRANCISCO CA 94122 © Express#v#aii ❑ insured > M ❑ Return ages#pt:or Merchandise ❑ COD ry. 7.Bate of L7e#ive � C6% c A O 5.Received By: (Pr Name) 8.Add resse s Ad. e s(Only if requested and fee is paid) 6.Si ature: es e c g z} t' ti a a4; �*< ❑ ❑ © PS Form 1,becember# 94 sc2Cas-se-e-ozzs Domestic Return Receipt o ti o 0 r m or n p SENDER: #also wish to receive th 3 °nci o y ❑ ❑ r Complete items t and/or 2 for additional services. tD _ c ill. y Goma eta items 4a;acrd 4b. following services(fpr at( 14 >r Print your name arid address on the reverse of this form sa that vie can return this extra fee): card toyou Ci (N rt a s Attach this ibrm to the front of the maitpiece,or an the back if space does riot #.© Addressee`s Address oe•mtt, L r ihriis"Return Receipt RequEstad"on the malir)iece heiovi the article,number. 2.❑ Restricted Deliverycb y The Return Receipt wi3!sfocw to whom the article was delivered and the data degivered Consult postmaster for fee. ❑, a to >~ Aiip#e Addressed to: 4a.Article Number i P 160 254 2014 '. ` D: # `° THE NATIONAL COLLECTION AGENCY 4b.Service Type Q E ❑ RegisteredCer ified g thank you for using Return Receipt Service, 0 c/o FRED KEEPERMAN 1159 POST STREET Express tl;ail ❑ insured SAN FRANCISCO CA 34109 ❑ Rewrri R.Sceipt frx Merchandise ❑ COD 7.Date of D S. Rieced By:{Print Name) 8.Addressee's Address 70n1y if requested .'kand fee is paid) 8.Rignatur -(Addressee or Agent) ay A 2 PS Form 3811,December 19 =02595.1,)8-a-02-,9 Domestic Return Receipt w SENDER: , i also twists to receive th a Compete sterns t and;ar 2 for additional services. f Z s Complete items 3,4&,arm 4b. srIN'S fw following services(for art Lat ■Pnrr your name and address on the reverse a r`M so that w etum this extra fee): card+e you ■ rm i tt.tt pmt� es os r to the trent o€tris maitg:ece the back if spat ;ot 1.i� Addressee's Address `s at t'r to"Rets n Receipt Requested'on he e, v h . 2.❑ Restricted Delivery riThe Return Receipr will show to whom the o"46 and t delivered. i Consult postmaster for fee. S.Article Addressed to: Ar?=.ole Number , P 160 254 20t:; a ESTEVE E. PAYETTE 4b.Service Type w 1253 NINTH AVENUE C; RegisteredCertified SAN FRANCISCO CA 94122 ❑ Express mail - ❑ insured ❑ Retitm Recce+it for erchandise ❑ COt3 7. Bate of 5.Received By: Print Nacos y { ) 8.Addressee's ddress{©nl}r if requested s- and fee is paid) 6.S,iyria+ cidres ; re: ti X13`'1 �- ' PS RortYi.3811,December 1994 Domestic R.ettirn Receipt _.._ a, SENDER: #also wish to receive th Coitems 3,4a,and 4b. following Complete items t andim 2 for additional services. 0 sere#Cue for an mpiete r Print,your name and address on the reverse of this term so that we can return this extra fee): card to you. ai s Attach this form to the front of the mallpiece,or or,the back if space does not #.❑ Addressee's Address partttit. �, aWrite'Retum Recsipt Requested"on the maSpiecs below the article number. 2•El Restricted Delivery ■The Retum Receipt will show to whom the alt cle was"lvered and the date Consult postmaster 3ster fpr fee. g * delivered. Addressed to: 4a.Article Number � eu P 160 254 202 c 0` TIM ERV'ES 4b.Service Type 1021 1st AVENUE ❑ Registered 'Certified CROCKETT CA 94525 ❑ Express Mail ❑ insured ❑ Reti)m Receiptt# r Merchandise ❑ COD 7.Date of Ci v J /7 d 5.Received By:jPrint Name) B. address 's Addr (Dray if requested I and fee is paid) c i 6.Siiq re:{7#d,- ssee orfa a BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) 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 trailing by the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the hearing notice in the above matter to the following: FLORENCE HURLEY 2056 15th Avenue San Francisco CA 94116 FLORENCE HURLEY 724-728 Port Street Crockett CA 94525 BENEFICIAL CALIFORNIA INC. 2045 Irving Street San Francisco CA 94122 THE NATIONAL COLLECTION AGENCY c/o Fred Keeperman 1159 Post Street San Francisco CA 94109 STEVE E. PAYETTE 1253 Ninth Avenue San Francisco CA 94122 TIM ERVES 1021 1st Avenue Crockett CA 94525 1611 254 204 US Postal Service Receipt for Certified Mail N THE NATIONAL COLLECTION AGENCY - c/o Fred Keeperman I declare under penalty of perjury that the foregoing is tr 1159 Dost Street f San Francisco CA 94I09 Dated May 21, 1998, at Martinez, California. `? f Postage X certified Fes ( eputy Clerks ' Spacial Delivery flee Restricted Delivery Fee u> Retum Receipt Showing to " Whom&Date Detivered Ret'tm AsC*l Wo ky yt Date,&Addressee+s Address TOTAL Postage&Fees S cl Postmark or Date ti� 1101, 1102 and Chapter 1, Subchapter 1, Tltle ;45 vx 4 t1w Administrative Coe -X 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 farm attached hereto. 2. I pasted the attached documents on the structure on the property as herein listed. 3. 1 have mailed a copy of the attached documents to the following persons C/O the County Clerk. 4. Hand delivered. Florence Hurley 2056 15th Ave San Francisco, CA 94116 1 Florence Hurley 724-723 port St Crockett, CA 9416 Beneficial California, Inc 2045 Irving St. San Francisco, CA 94122 The National Collection Agency c/o Fred Keeperman 1159 Post Street San Francisco, CA 94109 Steve E. Payette 1253 Ninth Ave San Francisco, CA 94122 Tim Erves 1021 1st Ave Crockett, CA 94525 SITE: 724-728 Post St. , Crockett ,i PN: 354-1.42-010 Said notices were mailed/posted on APRIL 27, 1298 I declare under penalty of perjury that the foregoing is true and correct. Elated: APRIL 27, 1998at Martinez, California. PCD CLERK _. __._... _........ ..__._... __.. .. .... .. .._. .__. .. .......................... ....... .. _. ........ ........ _ ... CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT INTER-OFFICE MEMO DATE: May 20, 1998 TO: Clerk of the Board of Supervisors Attn: Barbara Grant FROM: Mickie Perez, Chief, Property Conservatioision By: Jim Burnett, Building Inspector II SUBJECT: Appeal Filed by Florence Hurley 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 9, 1998 at 2:001 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 7, 1998 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Florence Hurley, from the Decision of the County Abatement Officer Declaring a Public Nuisance (C.C.C. Ordinance CodeSection 14-6.410), of an open and abandoned building in violation of(C.C.C. Ordinance Code Section 712-2.004 and 712-2.006) on property located at 724- 728 fort Street, Crockett, area. This office is in receipt of the attached Appeal and Fee for Florence Hurley to appeal the decision of the County Abatement Officer (Jim. Burnett) declaring as public nuisance (C.C.C. Ordinance Code Section 14-6.410) an open and abandoned building, in violation of(C.C.C. Ordinance Code Section 712-2.004 and 712-2.006) on property located at 4260 Santa Rita Road, El Sobrante area. This appeal has been tentatively scheduled for hearing by the Board of Supervisors on June 9, 1998, at 2:00 p.m. in the Board Chambers. Please notify this office in wvtiiting by May 12, 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 9, 1998, at 2:00 p.m. as scheduled, please submit the appropriate material for Board consideration to this office by May 18, 1998. Thank you. B:bg attachment cc: County Counsel May 6, 1998 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street 1 st floor, Rm. 106 Martinez Ca. 94553 Re.Appeal from order of abatement 724-728 Port St. , Crockett AP'N# 354-142-010 REF: RF960531 Gentlemen, My reason for this appeal, is that the building was abandoned, only, because I was advised that the buildings were going to be demolished by private contractor obtained by your building department on 3-31-1998, notice attached, as per your resolution 97/513, dated 10-7-97. As per your resolution I applied and was issued buiding permits #223058 & # 223059 to repair the buildings to a habitable condition, but before work could begin, I was advised on 3-3-98, that my permits will be canceled, letter enclosed. I responded with my enclosed letter,dated 3-9-98, stating my intention to sell the above property. On 3-10-98, work began to close building and remove debris from building and property. However my request to continue reparing the property was denied by your building department . I do not wish to demolish these buildings, I would life to begin work again to bring them to a habitable and sellable condition, if the demolition is not going to proceed by your buildind department, and are my permits still valid or do I have to re-apply. I still have a buyer for this property,if the buildings can be saved. Sincerely, Florence Hurley 2056 15th Ave San Francisco. Ca. 94116 (415) 759-5179 ' (4) attachments ►�' Building Inspection Department �Ontr� CarlosBaltodano rr� Director of Building Inspection PROPERTY CONSERVATION DIVISION ���Gi NEIGHBORHOOD PRESERVATION PROGRAM 651 Pine Street,4th Floor County Martinez,California 94553-0152 PCD (510)335-1111 ( NPP (510})335-1137 FAX (510)646-4450 •; , March 3 , 1998 Florence Hurley 2056 15th Ave San Francisca, CA 94116 Site: 724-728 Port St, Crockett APN# 354-142-010 REF: RF960531 Dear Mrs. Hurley; This letter is to inform you that the permits #223058 & ,#223059 were issued to you in error and will be canceled. You may apply for a refund. Due to the continued problem of the unsecured building and threat to the greater public interest, the Building Inspection Department is hereby notifying you that in 10 days we will proceed with the abatement that was granted by the Board of Supervisors on 10-7-97 as per resolution #97/513 . The Building Inspection Department will remove your temporary fence, abate the nuisance and reinstall your temporary fence. This 10 day notice will be the only notification that will be mailed. If youhaveany questions, please call me Monday through Friday at 33J-1133 . Thank You, Jim Burnett Building Inspector II JAB:ptc Contra Costa County Building Inspection Dept. 651 Pine Street, 4th floor Martinez, CA 94553-0152 March 9, 1998 Re: 724--728 Port St. , Crockett APN#354--142-010 REF: RF960531 Dear Mr. Jim Burnett, In response to your letter dated March 3 , 1998 regarding to the above property. My intention is to sell the property to James Grier & Ken Jackson as soon as possible. Mr. Jackson has been doing improvement on the property, he had demolished the building at 724 Port St. in the early part ' of 1997 at his own expenses, therefore, I believed strongly he has full intention of purchasing the property. The property is already in escrow, First American Title Company is the escrow holder at 299 West Portal Avenue, San Francisco, CA 94127. Escrow officer is Melody Nelson #W270959 (415) 566-4662. 1 hope to close escrow within 45 days and Mr. Jackson is to start work on 728 'Port St . within the next few days. If you should have any question regarding to the sales of this property, please contact my Real .Estate Broker, Mr Peter Gong of Realty World at (415) 681-1072 I just need little more time so I can complete the sales to Mr James Grier & .Ken Jackson.. Please call Peter Gong in regard to the time of close of escrow on the sale. Thank you very much for your help. Sincerely, Florence Hurley Building Inspection Department Carlos Baltodano Contra Director of Building inspection PROPERTY CONSERVATION DIVISION NEIGHBORHOOD PRESERVATION PROGRAM Costa 651 Pine Street,4th Floor County Martinez,California 94553-0152 PCD (510)335-1111 NPP (510)335.1137 FAX (51©)646-4450 March 25, 1998 Florence Hurley 2056 15th Ave San Francisco, CA 94116 Subject: Abatement of Public Nuisance APN: 354-142-010 RF: RF960531 Dear Property Owner; This letter is to inform you that on March 31, 1998, at 7 : 00 a.m. , the Contra Costa County Building Inspection Department will be at your property to perform the abatement as determined by the Board of Supervisors Resolution #97/513 . If you have any valuables you want to keep on your property please remove them other wise all articles will be removed and discarded by the contractor. Th nk You, nK J1 Burnett L Building Inspector II JAB:ptc 4tment., 4j .. r J! 'L RETURN TO: Building -Department 551. Pine :Street } floor R"7. Martinez CA ' O45-1 " . �r ,. FOR BENEFIT OF COUNTY SD,3 THE BOARD OF SOPERVISONS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted.this Order on _ October 7. 1997 by the following vote: AYES: Supervisors Rogers, Ullkema, Canclamilla & De Saulnier ., NOES: None ABSENT: Supervisor Gerber 't ABSTAIN: None SUBJECT: Abatement of structure and debris at: } RESOLUTION 97/513 724»728 Port Street, Crockett CA } Contra Costa County Code f } Div. 712; Sec. 712-4.406 OWNER: -Florence Hurley APN: 354-142-010 } Tho Board of Supervisors of Contra Costa County Resolves That: It appears from evidence presented by the County Building Inspector the above subject property has a substandard uninhabitable structure that constitutes a hazard to and endangers the health, safety and welfare of the public. The structure Is hereby declared substandard and a public nuisance. The owner of the subject property Is hereby ordered to demolish the structure and clear the site of all debris and leave It In a clean graded condition, or abate the nuisance by repair and alteration, If the subject property has not been cleared as ordered within thirty(30) days from the date of this hearing,the Board hereby grants authority to the Building Inspection Department to contract for the clearing of the subject property. In the event the County must contract for the work to be done, a lien shall be placed against the subject property for the cost of the abatement. The Building Inspection Department Is directed to post and mall notices of this resolution directing abatement of the nuisance in the manner required by law and for the period required prior to any actual abatement. t - Orig. Dept.: Building Inspection cc: Building Inspection (8) RESOLUTION 97/513 0 pMR. Florence Hurley "NO TI CE AND 0RD $ R TO ARATRes C. C. C. ORDINANCE CODS 14•-6.410 NOTICE IS HEREBY GIVEN that open and abandoned -building is in violation of Section 712--2.,004 And,--712-2,006 (Substandard) of the Contra Costa County ordinance Code. The violation has been declared a public nuisance by Jim Burnett, Building in-spector 11 and must be abated immediately. The public nuisance is on property located at - 354--142- 010. YOU ARE HERESY ORDERED TO ABATE SAID PUBLIC NUISANCE within (fo) ten consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by repair to habitable condition r demolition 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 HUNDRED TWENTY FIVE dollars ($125. 30) ; 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 551 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 DATEt April 27, 8 XnsReotor I 46�� 651 Pine st, 4th floor, Martinez, CA9 53 UNIFORM ABT 11 ' � WW� G � ,