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HomeMy WebLinkAboutMINUTES - 06091998 - D9 TO: BOARD OF SUPERVISORS FROM: Carlos Baltodano, Director, Building inspection Dept. By: Steve Knight, Building Inspector II DATE: May 19, 1998 SUBJECT: Appeal of Abatement action at 60 Sanford Ave. , Richmond, APN # 409-022-002 . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECO=NDATIONS: 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. The cost to the Building Inspection Department could be approximately $7300.00 if the Department continues and completes the abatement. BACKC#R0j=jREASQNS FOR RECOMMENDATIONS: On March 12, 1996 the original complaint referred to garbage and debris at 60 Sanford ,Ave. , Richmond. An inspection determined that in ' addition to junkyard conditions, the property contained a substandard structure which constituted a Public Nuisance. The building Inspection Department continued written and verbal correspondence, offering options to abate the problem, without adequate response from the owner. Richard and Rafe Johnson Jr. , occupants of the property, attempted to secure a Rehabilitation Loan through the Building Inspection Department, Neighborhood Preservation Program, but did not complete the application process. On April 15, 1998, The Department posted the property a Public Nuisance per Title 7, Section 712-2.004 & Section 712-4.006 and Chapter 10, Section 1001 of the Uniform 'Housing code. The posting also included citing junkyard conditions which is in violation of Section 82-2.006 & Section 82-26.4 (non-permitted uses on a M-29 zoned area) and Section 88-4.206 (junkyard defined) . The responsible parties have been notified and compliance has not been met. Staff recommends that it be directed to proceed and perform the abatement. yam } CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Ju n e 9 1 19 9 8 _ APPROVED AS RECOMMENDED_XOTHER X Richard Johnson, appellant, 617 Sanford Avenue, Richmond,commented on the abatement and proposed funding to upgrade the structure; Following testimony and Board discussion, IT IS BY THE BOARD ORDERED that the hearing is CLOSED; and the above Recommendations are APPROVED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x_ UNANIMOUS (ABSENT ;x n �� I & IV 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 Jine 9 , 1298 origr: PHIL BATCHELOR, CLERK OF cc: Bldg Inspection THE ARD OF SUPERVISORS appellant AND Y ADMINISTRATOR BY ,DEPUTY _.... ......... ......... ......... ...................._._...._.. _ ................._...... .........._.. ......... ......... ......... ......._. ......... ......... ......... ......... ......... ......... REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Boars . Name: 212r� - r S ' r'`lr- Phone: Address* City I an speaking for myself . , ., or organization: (naw of or{ izatt'on) CHECK ONES I wish to speak. on Agenda Item # Date: My comments will be general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Heard to consider: The Board # u ervisors C� l rc C*' C.Wnty AdministrMlon Building Costa c(5 a} sumo 651 PW*Street,Room 106 County Marrdnez,CaUtomia 94553-'1293 Ant4up m,i#Dtttttict t3ntis lE1.U twm,ltd District } Dwm G rbw,3rd DiaW ilwk Di Mr.4th DisbW <f .lor 0wollmd1k,5th t9istrict May 19, 1998 Mr. Richard E. Johnson 60 Sanford Avenue Richmond CA 94801 Dear Mr. Johnson: In accordance with Contra Costa County Ordinance Code Section 14-6.414, you are hereby notified that Tuesday, June 9, 1998, at 2:00 p.m. in the Board of Supervisors Chambers, 651 Pine Street, Room 107, Martinez, California, is the time and place set for the hearing by the Board of Supervisors, of your appeal from the decision of the County Abatement Officer declaring the substandard structure and debris in rear yard located at 60 Sanford Avenue, Richmond, in violation of Section 712-2.004 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 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 BATCBELOR, County Administrator and Clerk of theoard By attachment cc:county counsel Dept lerk of the Board Building bWeetica File List t �i 5 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) Richard E. Johnson ) 60 Sanford Avenue ) Richmond CA 94801 ) Re: Appeal of Abatement ) 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: JEFFREY MARTIN JOHNSON 60 SANFORD AVENUE RICHMOND CA 94801 JOANNA MOORE 60 SANFORD AVENUE RICHMOND CA 94801 RAMONA W. JOHNSON 60 SANFORD AVENUE RICHMOND CA 94801 RAFE JOHNSON, JR. 60 SANFORD AVENUE RICHMOND CA 94801 RICHARD EARL JOHNSON 60 SANFORD AVENUE RICHMOND CA 94801 BRENDA JOYCE JOHNSON 60 SANFORD AVENUE RICHMOND CA 94801 F 55v gr-,q 975 postai Service ece pt for Certified Mail I declare under penalty of perjury that the foregoing is tr ;s tta tv�a�er Dated May 20, 1998, at Martinez, California. a. av (Fast .--e'State:&Zip Cods � n s nxsx, Deputy le r# cartiwlFee X '{ SPecia!Dativery Foo AeWded Ddvery Fee rn Retum%ceo Shm-'v to Wt*rrf&Nt9 Dagvered Cate,&A ti wee's Ad&ass TOTAL Postage&Fees $ poste 7W50te `a �f .+� y art ­4_ nui iaing Inspection bepartn's" Contra Costa, State of... California, that pttr$12a Building Code Section and Uniform Housing Code a99i` � Sections 1101, 1102 and Chapter 1, Subchapter 1, Title 25 California Administrative Code: 1. I deposited attached documents) in the United States Post Office in the City of Martinez, certified mail postage prepaid, return receipt requested, to be persons hereinafter set forth and in the form attached hereto. _X 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 Clark. 4 . Hand delivered. Jeffrey Martin Johnson ~ 60 Sanford Ave. Richmond CA 94801 Joanna. Moore 60 Sanford Ave. Richmond CA 94801 Ramona W. Johnson 60 Sanford Ave. Richmond CA 94801 Rafe Johnson Jr. ' 60 Sanford Ave. Richmond CA 94801 Richard Earl Johnson 60 Sanford Ave. , Richmond CA 94801 Brenda Joyce Johnson � 60 Sanford Ave. Richmond CA 94801 lrt SITE: 60 ':Sanford Ave. , Ric hmartd CA< APN: 409-022-•002 Said notices were mailed/posted on April 15, 1998 C declare under penalty of perjury that the foregoing is true and :orrect. Sated: April 15. 19 Bat Martinez, Cali o nia. ; BUILDING INST, CT® CONTRA COSTA COUNTY Clerk of the Board Inter-Office Mem TO: Carlos Baltodano, Director Building Inspection Department Attn. Steve Knight, Building Inspector H Reschedule Memo DATE: May 13, 1998 FROM: Barbara Grant, Deputy Clerk Board of Supervisors SUBJECT: Appeal of Richard E. Johnson, from the Decision of the County Abatement Officer Declaring a Public Nuisance (C.C.C. Ordinance Code Section 14-6.410) the structure is substandard and debris in rear yard (Ordinance Code violation Section 712-2.004). With regard to the Appeal of Richard Johnson, on property located at 60 Sanford Avenue, Richmond area, the hearing has been rescheduled for June 9, 1998, at 2:00 p.m .in the Board's Chambers. Please notify this office in writing by May 15, 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 20, 1998. Thank you. B:bg c.c. County Counsel M i CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Carlos Baltodano, Director Building Inspection Department Attn: Steve Knight, Building Inspector DATE: May 4, 1998 FROM: Barbara Grant, Deputy Clerk Board of Supervisors SUBJECT: Appeal of Richard E. Johnson, from the Decision of the County Abatement Officer Declaring a Public Nuisance (C.C.C. Ordinance Code Section 14-6.410) the structure is substandard and debris in rear yard (Ordinance Code violation Section 712-2.004). This memorandum will memorialize the conversation we had on today's date. We agreed to reset the hearing date of the appeal of Richard Johnson, 60 Sanford Avenue, Richmond, before the Board of Supervisors to Tuesday, Ju 2,;;199811 at 2:30 p.m (it is an evening meeting). The hearing had been PREVIOUSLY scheduled for May 19, 1998, but it was determined there was not enough time to give the party proper notice. If you have any questions, please give me a call. I anticipate receiving the appropriate material by Wednesday, 1V i 13,-1998. Thank you. B:bg c.c. County Counsel CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Carlos Baltodano, Director Building Inspection Department Attn: Steve Knight, Building Inspector DATE: April 28, 1998 FROM: Barbara Grant, Deputy Clerk Board of Supervisors SUBJECT: Appeal of Richard E. Johnson, from the Decision of the County Abatement Officer Declaring a Public Nuisance (C.C.C. Ordinance Code Section 14-6.410) the structure is substandard and debris in rear yard (Ordinance Code violation Section 712-2.004). This office is in receipt of the attached appeal of Richard E. Johnson from the decision of the County Abatement Officer Steve Knight, declaring as a public nuisance (C.C.C. Ordinance Code Section 14-6.410) on property located at 60 Sanford Avenue, Richmond CA. (C.C.C. Ordinance Code violation Section 712-2.004). This appeal has been tentatively scheduled for hearing by the Board of Supervisors on Tuesday, May 19, 1998, at 2:30 p.m. in the Board chambers. Please notify this office in writing by Monday, May 5,1998, 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 May 19, 1998, at 2:30 p.m. as scheduled, please submit the appropriate material for Board consideration to this office by May 13, 1998. Thank you. B:bg attachment cc: County Counsel _. . . .................................................................................... '- APR 2 7 1998 CONTRA COSTA CO. REQUEST FOR WAIVER OF THE $125 FILING 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 174174 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. 14-6.416; 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 Officer as stated in the Order to Abate a Public Nuisance dated 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. (signature of Appe an on (date) at (City, State- ) RECEIVED 7� }�`, ' APR 2 7 1998 (� CLERK BOARD aF SUPEAV3sC?°q li �'t..� �✓ri s CONTRA COSTA CO. (149 sc �- 77fplo 49 -o 2-,i'-- � CA ', 0 ............................. .......-.............. ........................................... NN 0 T I C 2 AND 0 R D 9 R TO a B A T an C. C. C. ORDINANCZ CODE 14-6.410 NOTICE 18 HEREBY GIVEN that the structure is substandard and debxis in rearyard congtitutg a pub-lic---nu-isancg and is in violation of Section - 712-2.QO4 of the Contra Costa County Ordinance Code. The violation has been declared a public nuisance by Steve Knight. Buildim Inspector II and must be abated immediately. The public nuisance is on property located at Sanford Ave:. . Ri Dd, APNJ 409-022-002 YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (15) fifteen consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by - demolition or completely recwi struct-ure. to make it habitable -. 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. 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:__-APRIL 3 -5-,, 1998 651 Pine st, 4th floor, Martinez, C I A 94553 UNIFORM.ABT RECEN W:'D 'Js e ,Pit APR 15_W8 BOARD OF WEJ= )NIRA COSTA CO.