HomeMy WebLinkAboutMINUTES - 06091998 - D11 TO: BOARD OF SUPERVISORS
FROM: Carlos Saltodano, Director, Building Inspection Dept.
By: Steve Knight, Building Inspector II
DATE: May 19, 1998
SUBJECT: Appeal of Abatement action at 4260 Santa Rita Rd. , El Sobrante,
APN # 425-189-013.
SPECIFIC REQUEST(S) 09 RECOXMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS: 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 XMPA=: None if voluntary compliance. The cast to the
Building Inspection Department could be approximately $3000.00 if
the Department continues and completes the abatement.
BACKQROUND REASO S FOR , RE OMMEND TIO On July 10, 2998 the
Building Inspection Department received a complaintof junkyard
conditions as well as a recreational vehicle stored in the front
yard of 4260 Santa Rita Rd. , El Sobrante. The Department addressed
these violations with the property owner through written and verbal
correspondence without any significant results. on April 24, 2998
the Department participated in a joint inspection of the property
at the request of the Sheriff's Department. The Sheriff's
department was concerned about illegal activities pertaining to
drugs and stolen vehicles. On April. 16, 1998 the Building
Inspection Department pasted this substandard property in violation
of Title 7, Section 712•-2.004, Section 722--4.006. and 'Title 8
Section 82 .2.406, Section 82--6.402, Section 88--4 .206 (Junkyard
defined) . 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
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Jung 9. 1938 APPROVED AS RECOMMENDED x OTHER
Sue Batz, 4260 Santa Rita Road,El Sobrante, commented on the abatement and the work currently being done;
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
_ UNANIMOUS (ABSENT up_T11 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 ,,"ne 9. 1998
prig: PHIL BATCHELOR, CLERK OF
cc: Bldg Insp THE BOARD OF SUPERVISORS
Appellant; AND Y ADMINISTRATOR
B __ ____ __,DEPUTY
371REQUEST TO SPEAR FORM r'
xi
(THREE (3) XINUTE LIK T)
Complete this form and glace it in the box near the speakers,
rostrum before addressing the Board.
Name: Phone
Address: City: C. dab/ :mi
I an speaking for Myself or organization:
(oot: of oroamizoticn)
CHECK ONE:
I wish to speak on Agenda Item # Date:
My comments will be: general for against
I wish to spear on the subject of _
I do not. wish' to speak but leave these comments for the
Board to consider:
------------
SENDER: I also wish to7,4e TI-.7.
a Complete items I andfor 2 for additional services. foflowingservices(forai:
Complete darns 3 4a,and 4b.
■Print your name and address on,the reverse of this icar,so thal we can return this extra fee):
card to you,
a Attach this tone to the front of the mal;piacB,or on the back it space does not 1.0 Addressee's Address
permit'
a W.its -Return Pecwpt Reqaested-on ttlemaii-piece bejowzhe article number. 2.10 Restricted Delivery
*The Return q6ceipt will snow to whom itis article was delivered and the date
delivered. Consult postmaster for fee.
5 3.Article Addressec,to: 4a.Article Number
P 160 254 197
E
CL ERIC & SUE BATZ 4b.Service Type
0 0 Registered ACerVied
0 42)60 SANTA R.D.
W ❑EL SOBRANTE CA 94803 0 Express Mail 0 insured
0
11; 0 Return Pie-celpt for merchandise 0 COD
tr
7.Date of Deliva�
z
cc 5.Received By;(Print Name) 8 Addressee's Address(Or,'y if requested
and fee is paid)
6,Sign,"
X
PS Form 3811,DiVernber 1994 102595-98.8-0225 ( tic Return Receipt
IV' SENDER: I also wish to receive t1l
22 *GoMplota items I andic>r 2 for additional services,
0) a Complete items 3,4a I and 4b. following services(for at.
Prnt,your name and address or,the revers of this form so that we can returr,this t extra fee).
card to you.
a
Attach this form to the front of the mailibleca,of on the back if space does not 1.❑ Addressee's Address
parmift,
a Write,'Retum Receipt Requested'on the mellpiece below the article nurnber', 2, Restricted Delivery
*Tne%tufrReceipt w;14 show to whom the article was delivered and the date
'
I Consult postmaster for fee.
3.Article Addressed o: 4a.Article Number
P 588 959 980
Al SUE DEEM MARTIN 4b.Service Type
E 4281 SANTA -RITA RD0 RegisteredCertified
0
0 EL SOBRANTE CA 94803
01, 0 Express Mail 0 Insured
F1 Retun,,Receiai for Merchandise Cl COD
7. Date ojDe is
_
5 Received By: (Print Narrq) 8.Addressee's Address(Only if requested
and fee is paid)
F.Signature:f
Addresse.vlorgsq
Ant
, j,
0 X cric
Yz7
Ps Form 381 f,December 1994 Dog
Return Receipt
SENDER, I also wish to receive Th
Is Complete items I and/or 2 for additional service-,- following services(for as,
cornpieteitefoss 3.4a,and 4b, a can return this extra foe):
print your rsame and aadresson tne revar,%e of this form$0 b=ait w
ca."i',04ouiarn ne does not 1—0 maressee's,Address
, is �I tot
Attach 'he front a,the mailpieca,or on the back!I spa, onsult postmaster 2.0 Restricted Delivery
■W,to"Rehm?Receipt Requested'orl the mai0i"a below tna article number-
4k a The Return lzleceintjOl show to whom he article was delivered and the date Cfor fee.
delivered.
C e Number
Article A�dressed to: W
P 160 254_196
4b.Service TYPB
SUE KEEN MARTIN �1�
CL "I Reg; tered Certified pC
4260 SANTA ❑RITA RD
00 r� ", D insured
El Express Mail
EL SOBRANTE CA 94803
0 Return Receipt for Merahandi* 0 COD
7.Date of Dpliver�h
5,Received BY:(Print Name) 8.Tcldre,4see's Address(Unly if requested
and fee is paid)
6.Sign JW:re ae gent)
X
2 PS,Form 3811, ember 1994 estic Return Receipt
..........
...........—-
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF )
ERIC & SUE BATZ aka MARTIN )
4260 Santa Rita Road }
El Sobrante CA 94803 )
}
Re: Appeal }
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 States Postal
Service in Martinez, California, postage fully prepaid, a copy of the hearing notice in the
above matter to the following:
SUE DEEN MARTIN
4281 SANTA RITA RD,
EL SOBRANTE CA 94803
i
SUE DEEN MARTIN
4260 SANTA RITA RD.
EL SOBRANTE CA 94803
ERIC & SUE BATZ
4260 SANTA RITA RD.
EL SOBRANTE CA 94803
i
i
I
i
3
i
I declare under penalty of perjury that the foregoing is P 160 254 19 6
Dated May 21, 1998, at Martinez, California. , US Postal Sero'ce
AA Receipt for Certified Mail
_ ,� No insurance Coverage Provided.
Go not use for Interrmational Mail(aee revere
i D puty Clerk
�` Seat to
SUE DEEN-MARIIN-
Street&'dumber
4260 SANTA RITA RD
Post Office,Slate.&ZIP Code
EL SOBRANTE CA 94803
'qstage x $
Certified Feex
Special 09livety Fee
Restricted Dativeq Fee
Return Receipt Showing to
Whom&Data Delivered
R@ttXkitt>V1rtYJrif,
i
Data.&Addressee's Address c
TOTAL Postage&Fees
P{7slmr S or Dale
u- i
U) r
in �� .C3.'ty �` ��etesd,
office
rep id, return reCeip in the' form
hereinafter set forth and on the
doCuments on the structure
T poste the attach�dst
property ad.
-�----- as herein
entsto the
the attached
doCum
3 • have ail '
a copl
yC the County Clerk•
1 m
----- following persons
4• Mand delivered.
SUE DEEN MARTIN
4281, SANTA RITA P
EL SOB�'�E, CA 94803
SUE DEEM MART114
4260 SANTA RISA 84803
EL SoBRAN` E r R€, SQ-SA Ts
• 42 6€3 SANTA RI'B'A x
SITE
APR , -fi��.3
199
on PRI 1 Ding true and
mailed/posted ghat the foreg
Said notices were erjury
I declare under penalty of P
Correct-
AP'R
199.a..at Martinez, California.
Dated: 6
cD
a
The Board of Supervisors (�C1tCc PWi Mfth W
Of OW
cotmtyAcr,in#sEration Building and��`'
651 Pince Street,Room 1 o6 c(s 0)&as��
Martinez,Caldooimia W53-1293 County
Jim PAPM,tst District
QftU t3.LNUmm,2nd harrier �£ ,
Donne Qwbw,3rd Mtria
MWk fir,41h[Sis O
JW Csndrrr ft,6th Whict
✓o
May 21, 1998
SUE DEEN MARTIN aka
ERIC & SUE BATZ
4264 SANTA RITA RD,
EL SOBRANTE CA 94803
11"*`�
Dear Ms. Martin, an Mr. & Mrs. Batz:
In accordance with Contra Costa County Ordinance Code Section 14-6.414, you are
hereby notified that Tuesday, Jane 9, 1998, at 2:00 p.m., 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
substandard structure, and junkyard condition, located at 4260 Santa Rita Road, El Sobrante,
CA, in violation of Section 712-2.004 and 82-2.006 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
By
DEPUTY CLtR
attachment
ec:County Counsel
Building Inspection
File List
CONTRA. COSTA COUNTY
Clerk of the Board
Inter-Office Memo
TO: Carlos Baltodano, Director
Building Inspection Department
Attn: Steve Knight, Building Inspector II
DATE: May 5, 1995
FROM: Barbara grant, Deputy Clerk
Clerk of the Board of Supervisors
SUBJECT: Appeal by Eric & Sue Batz from the Recision of the County Abatement
Officer Declaring a Public Nuisance (C.C.C. Ordinance Code; Section
14-6.410), substandard structure,junkyard condition, in violation of(C.C.C.
Ordinance Code Section 712-2.004 and 82-2.006) on property located at 4260
Santa Rita Road, El Sobrante area.
This office is in receipt of the attached Appeal and Waiver of Filing Fee by Eric & Sue Batz
from the decision of the County Abatement Officer (Steve Knight) declaring as public
nuisance (C.C.C. Ordinance Code Section 14-6.410) substandard structure,junkyard condition,
in violation of(C.C.C. Ordinance Code Section 712-2.004 and 82-2.006) 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 Jane 2,
1998, at 2:00 p.m. in the Board Chambers.
Please notify this office in writing by May 14, 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 2, 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
attachments
cc: County Counsel
REE
Eric & Sue Satz
4260 Santa Rita Road MA's
El Sobrante, CA 94803
(510) 669-9768
r.
May 4, 1998
Clerk of the Board of Supervisors
County of Contra Costa
651 Pine Street, 1st Floor
Martinez, CA 94553
RE: APPEAL OF ABATEMENT FOR 4260 SANTA RITA RD.
EL SOBRANTE, CA
To whom it may concern,
I, Sue Bate, do wish to appeal the abatement of above said
premisses, pursuant to Penal Cade Sections 14-4 .€02 & 14-6 .414, et
al, for a number of reasons. We fixed every thing on the list that
Steve Knight, building inspector, said to be a gas and electric
problem. Mr. Knight, inspected the said property on April 22, 1998
and concluded that the problems were addressed and further reported
to PG & E that it was safe and proper to restore power and gas to
the home. He asked us to fix a wall and other miscellaneous things
which we have done. We recently received a new list of repairs to
be done, it is small and will be completely taken care of no later
than, May 31, 1998
Mr. Knight has also referred to a "junkyard like condition" on our
property. With all due respect to Mr. Knight, we believe the
assessment is overstated, although there is some "Junk" that we
agree should be removed. We have removed several vehicles, bath
campers, and are currently working on the wood and scrap metal . We
have made several dump, metal and wood runs, and are working as
quickly as possible. We believe the property will be completely
clean by May 31, 1998 .
1 am also enclosing a request for a waiver of the $125 .00 filing
fee form, pursuant to section 14-6 .416. My income is only $26,000
a year for two persons, and to pay out the $1.25 for the filing fee
would leave me in a great hardship, not only would progress stop
due to shortage of money, but also my bills are increasing and I
don't want my utilities to be turned off, as a result. I do
however believe that going forward with the hearing would be a
waste of everyone' s money and time, as my property looks like a new
place and is in my opinion no longer a "junk yard" under any
analysis. Alternatively, I would ask that you consider sending out
another inspector to review the property again.
Thank you for taking the time to review my appeal and waiver.
Should you have any additional, concerns you may call me or my
attorney who is handling the care portions, Michael Sebree at 510--
451-3300 ..
Very truly yours,
Sue Baez
$ncls
cc: Stege Knight
: SUE DFEK XMIN
"NOT I CS AND 0RDEA TO ABATEll
C. C. C. ORDIN'ANCB CODE 14-6.418
NOTICE is HEREBY DIVED that the structurg. is substandArd- the
constitutes n o is in violation of
Section 712---2.094 and- 82-2,006 of the Contra Costa County
ordinance Cade. The violation has been declared a public nuisance
by ` l and must be abated
immediately. The public nuisance is on property located at 4260
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (10J
tem consecutive calendar days from
the issuance of this order. The issuance date is specified below.
You may abate the nuisance by rgnovincr Junkyard conditign inside
and e and co=egtina ffilbstandard conditJQns. 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
O -Np,_ 3 -ENTY FIVE dollars ($1,25.�} ; 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:AE S 16. 1998
t ve dinq Iney-ogtorXI
651. Pine st, 4th floor, Martinez, CA 94553 6\
UNIFORM.ABT
REQUEST FOR WAIVER OF THE $125 FLING FEE
Individuals requesting a waiver of the $125 filing fee for
appealing the decision of the County Abatement officer before the
Board of Supervisors must satisfy one or more of the following
conditions to demonstrate economic harship.
1. Appellant is legally indigent;
2. Appellant is receiving benefits pursuant to the
Supplemental Security Income (SSI) and State
Supplemental Payments (SSP) programs, the Aid
to Families with Dependent Children (AFDC) program,
or the Food Stamp program (Section 17000 Welfare and
Institutions Code) ;
3. Appellant has a monthly income of $125% or less of
the current monthly poverty line annually established
by the U. S. Secretary of Health and Human Services
pursuant to the Omnibus Budget Reconciliation Act of
1981, as amended; or
4 . Appellant is unable to proceed without using money
which is necessary for the use of the appellant or
appellant's family to provide for the common',
necessities of life.
(CCC Ord.. Code Sec. 14-5.415; Gov. Code Sec. 68511.3)
Following acknowledgement that I have read the conditions noted
above and believe I satisfy one or more of the conditions, I am
therefore requesting the Clerk of the Board to waive the filing
fee of $125 for appealing the decision of the County Abatement
O i rr as stated in the Order to Abate a Public Nuisance gated
I declare under penalty of perjury that the foregoing , statement,
including any accompanying statement(s) or document(s) in support
of this request, is true and correct.
(SignattiWof Appellant) ,
on r5 '
(date) •
at U
(City, tate) ct .
Eric & Sue Batz
_. 4260 Santa Rita-RoadRECEIVED
El-Sobrante,,-CA 94803
510-669-9768 APR 2 7 1998
CLERK BOARD OF s !V'6 ;-.6
April 23, 1998 CONTRA cos=h ,.;O.
44
Clerk of the Board of Supervisors
County of Contra Costa
651 Pine Street, 1 st Flour
Martinez, CA 94553
RE-�1V a[Abatem=, for 426D Santa Rita Egad
To whom it may concern,
I Sue Batz, a.k.a. Sue Deen Martin,wish to appeal the abatement for a number of
reasons. We fixed every thing on the list that Steve Knight said to be a gas and electric
problem. Mr. Knight inspected the said property on April 22, 1998 and concluded that the
problems were addressed and further reported to PG&E to restore the power and gas. ' He
asked us to fix a wall and other miscellaneous things which we have done. The new list is
small and will be completely taken curare of rather quickly. We are working as fast as we
can to make Mr. Knight happy.
The problems on the outside of the house, Mr. Knight refers to as a junkyard
condition, this is his main concern. We removed four vehicles, a ton of wood, the scrap
metal piles, and a dump truck load of garbage. Every day we remove more and more
items, improving the landscape immensely. I understand we have a lot more work ahead
of us but we will get it done in a timely manner.
I am taking out a loan so I can make all repa7rrs,needed to improve the landscape
and property as a whole. We will make our house and land as beautiful as we can to fit in
with our neighborhood. We can take care of all of the work that needs to be clone. Most
of the garbage, metal, and even a few junk cars wefe here when we moved in,but we are
removing it as fast as we can.
The neighbors started to complain with in the first week we moved in because of a
mattress that sat on our porch for two days. As you can see every one has been against us
from the moment we stepped foot on the property. I guess they have had problems with
every one who has ever lived in this house, and they are sour. We are just a young couple
struggling to snake a good start on our life togeth6i.
cc: Steve Knight
l
The Board of SupervisorsContra �� Board
'
and
County Administration Building Coj*A&nW$ br
651 Pine Street,Room 106 County
Costa (510)335-100o
LUrtinez,California 9+553-1293 o u n ty
An Rop m,tst District
0"Is S.UNIMM,2nd District c
Donm G orlrsr,3rd District ;
&Wk 000& dw,Mh District j
.kw�,6th District w : ,
April 28, 1998
Eric & Sue Batz
4260 Santa Rita Road
El Sobrante CA 94803
Re: Appeal of Abatement for 4260 Santa Rita Rd.
El Sobrante, CA
Dear Appellants:
Enclosed is a copy of your letter received by the Clerk of the Board's Office on
April 27, 1998; a Request for 'Waiver of the $125 Filing Fee form; and a copy
of the Statutes regarding public nuisance abatements.
As discussed with my Supervisor, Ann Cervelli, if you feel the Waiver form is
appropriate, please fill it out and return it in the enclosed stamped envelope.
We will then set a hearing before the Board of Supervisor's for your appeal, and
you will be notified by mail of that date.
Very truly your, ,
:x
arbara Gran
puty Clerk o e Board
of Supervisors
Encls.
.k*
Eric & Sue Katz
4260 Santa. Road RECEIVED
- -- El-SobraAW-;C 94 03
510-669-9768 ",' '`
APR 2 7 1998
CLERK BOARD OF S �-W'60�16
April 23, 1998 CONTRA COS k �tea.,
Clerk of the Board of Supervisors
County of Contra Costa
651 Pine Street, l st Floor
Martinez, CA 94553
R- 1 Abatement', for 4260 Santa& Zad,
To whom it may concern,
I Sue Batz, a.k.a. Sue Keen:Martin, wish to appeal the abatement for a number of
reasons. We fired every thing on the list that Steve Knight said to be a gas and electric
problem. Mr. Knight inspected the said property on April 22, 1998 and concluded that the
problems were addressed and further reported to PG&E to restore the power and gas. -ate
asked us to fix a wall and ether miscellaneous things which we have done. The new list is
small and will be completely taken care of rather quickly. We are working as fast as we
can to make Mr. Knight happy.
The problems on the outside of the house, Mr. Knight refers to as a junkyard
condition, this is his main concern. We removed four vehicles, a ton of wood, the scrap
metal piles, and a dump truck load of garbage. Every day we remove more and more
items, improving the landscape immensely. I understand we have a lot more work ahead
of us but we will get it done in a timely manner.
I am taking out a lean so I can make all repairs needed to improve the landscape
and property as a whole. We will make our house and land as beautiful as we can to fit in
with our neighborhood. We can tape care of all of the work that needs to be done. Most
of the garbage, metal, and even a few junk cars were here when we moved in, but we are
removing it as fast as we can.
The neighbors started to complain with in the first week we moved in because of a
mattress that sat on our porch for two days. As you can see every one has been against us
from the moment we stepped feat on the property. I guessthey have had problems with
every one who has ever lived in this house, and they are sour. We are just a young couple
struggling to make a,good start on our life togeth .
cc: Steve Knight
............
W�z ............................
C4-4
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