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Home My WebLink AboutMINUTES - 03091999 - SD8 Bp's TO: BOARD OF SUPERv.60RS Contra FROM: CARLOS BALTODANO, DIRECTOR '} Costa BUILDING INSPECTION DEPARTMENT County DATE: February 16, 1999 SUBJECT: Appeal of Abatement action at 57 Poinsettia Ave. , Bay Point APN # 096-033-007 Owner: Shafique SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMELMATIONS: 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: $8, 000 . 00, if the County does the abatement . BACKGROUND IREASCn QR RECOMMENDATIONg: On June 4 , 1998 a complaint was received regarding open and abandoned dwellings, including large amounts of garbage and debris on the property. On June 26, 1.998 a site inspection was conducted and the inspection revealed two substandard, fire damaged dwellings with piles of garbage and debris on the property. The properties lave undergone cycles of being secured and broken �nto The following violations of the County Ordinance exist : Title 7, Chapter 712-2 . 004 (substandard building) Chapter 74-3 . 101 (permits required for construction) Title 8, Chapter 88-4 . 206 (junkyard conditions) The owner of the property has been notified through written correspondence and certified mail . As of this date compliance has not been gained. On January 21, 1999, the Building inspection Department- declared epartmentdeclared the property a public nuisance and posted a Notice Order to Abate under Title 1, Chapter 14- 6 . This appeal is being made under the provisions of this 'title � CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR ®RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S); - ACTION OF BOARD ON Mareh 9,1999 APPROVED AS RECOMMENDED XXOTHER XX The public hearing was OPENED; no one commenting on the matter, the hearing was CLOSED. The Board then took the following action: DEINYIED the appeal; AFFIRMED the determinations of the County Abatement Officer; DIRECTED the County Abatement Officer to proceed and perform the work of the abatement. VOTE OF SUPERVISORS. I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS(ASSENT = 1 AND CORRECT COPT'OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN:_ BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Marc-,b 9 7 Q9Q cc: Building Ins.pection Department PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMI IST TOR BY ,DEPUTY r BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: Sean Shafique 57 Poinsettia Ave Bay Point, CA 94565 Re: APPEAL DECISION T. declare under penalty of perjury that T am now, and at all times herein mentioned have been, a citizen of the United States, over age 18 ; and that today I deposited with the United States Postal Service in Martinez, California, postage t fully prepaid, a copy of he Board of Super-visors ' final fully - decision Board Order on March 9, 1.999 in the above matter to the following: Sean Shafique P.O. Box 2544 Berkeley, CA 94702 Great Western Bank P.O. Box 1900 Northridge, CA 9113228 Loan #1-301441-2 Sean Shafique w7 Poinsettia Ave Bay Point, CA 94565 I declare under penalty of perjury that the foregoing is true J ly and correct . Dated: March 16, 1999 at Martinez, Cal-if -a C CIE 0? e , Bp's TO: BOARD OF SUPER--V,,CORS `.• Contra FROM: CARLOS BALTODANO, DIRECTOR :` Costa BUILDING INSPECTION DEPARTMENT County DATE: February 16, 1999 SUBJECT: Appel of Abatement action at 57 Poinsettia Ave. , Bay Point APN # 096-033-007 Owner. Shafique SPECIFIC REQUEST(S) OR RECOMMENDATION{S} & BACKGROUND AND JUSTIFICATION RECQjQZNDAT10NS : 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 . ZISCAL IMPACT: $8, 000 . 00, if the County does the abatement. BA G 2bLTNE}IREASONS FQR RzQ =NDAT10XS: On June 4, 1998 a complaint was received regarding open and abandoned dwellings, including large amounts of garbage and debris on the property. On June 26, 1:.998 a site inspection was conducted and the inspection revealed two substandard, fire damaged dwellings with piles of garbage and debris on the property. The properties have undergone ,cycles _.cf .be.ing .secured and broken - into. The following violations of the County Ordinance exist : Title 7, Chapter 712-2 . 004 (substandard building) Chapter 74-3 . 101 (permits required for construction) Title 8, Chapter 88--4 .206 (junkyard conditions) The owner of the property has been notified through written correspondence and certified nail. As of this date compliance has not been gained. On January 21, 1999, the Building Inspection Department declared the property a public nuisance and posted a Notice Order to Abate under Title 1., Chapter- 14--6 . This appeal is being -Trade' under . the previsions of thin `title CONTINUED ON ATTACHMENT: _L YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S: ACTION AIS BOAR ON MIirch 4 AIPPROVED AS RECOMMENDED ;;"O"THERXX The public hearing was OPENED;no one commenting on the matter, the hearing was CLOSED. The Board then took The fallowing action: DENIED the appeal;AFFIRMED the determinations of the County'Abatement Officer;DIRECTED the County Abatement Officer to proceed and perform the work of the abatement. VOTE OF SUPERVISORS XX 1 HER€ICY CERTIFY THJ1T THIS 13 A TRUE UNANIMOUS TABS€NT— = -- ; "'AND CORRECT COPY OF AN ACTION TAk€N' AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN, ATTESTED Mfi rr h 9 i T CS+�C�_ cc: Building Inspection Depatinzent PHIL BATCHELOR,CLERIC OF THE BOARD OF SUPERVISORS AND COUNTY ADMISISTRATOR BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) SEAN SHAFIQUE 57 POINSETTIA AVENUE BAY POINT CA 94565 ) Re: APPEAL I declare under penalty cif'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, first class postage fully prepaid., a copy of the hearing notice, and the code section in the above matter to the following: SEAN SHAFIQUE p 160 254 367 57 POINSETTIA AVENUE BAY POINT CA 94565 GREAT WESTE BANK P 16 2-54 171 SYED SHAH and SYEDA SHAH POST OFFICE BOX 1900 p�for � il� Mall Receipt t NORTHRIDGE CA 913281 I declare under penalty of perjury that the foregoing is true at '�- California. F Dated: February 17, 1999, ri }3 < I sss s �4 Deputy Clerk/s r k 3, .;. t yy# : f3 Yw3' mmmewd an one"OMS SWO .. gay A up V r+ S 00 yt}E�y,p � f s v %.a >:,'.ii3'? €..Rfi3�nf.S� .4,+. �°.rsFi�`.3' ''s:^�£3 G?:%i� :•^.,,b=e#3e`S^Clam `•.;�.�., " + Y '�Y c 7 N ��">�;v��, � gins in LO ry > CD T fisc j L 3 c CD o 6", all 95 0 MI Un J Y • Ct` t > G_ 7_ { Y: r. Y is 5" y. F Theoar Supervisors Phil Batcheior Clerk of?he Dowd Co-unt��,drrnistraten Srwdin� < 1 Gc�n#y Acmir�sira or 651 P ne Street, Rocco 13 (925)335`i 900 Nlartinez, California 945534`:293 Count John GWO, "S'"-D;STct Gayle Wi kema,2nd Dis ct , Dosna Garber,3rd -D�Stffilct Mark DsSau#n€er,4th .:;strict Joe CanciamMa,5t`.. Distnct A, G' Csr�`C L.k.N February 18, 1999 Sean Shafique 57 Poinsettia Avenue Bay Point CA 94565 Dear Mr. Shafique; In accordance with Contra Costa.County Ordinance Code Section 14-6.410 (public nuisance), you are hereby notified that Tuesday, March 9, 1999, at 9.00 a.m. is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring the abandoned dwellings at 57 Poinsettia Avenue, Bay Point, in violation of Section 712-2.002 and 712-2.2004 of the Contra Costa County Ordinance Code and declaring said violation a public nuisance. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.410. 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 BWd Barbara S.(rriltjDeputy Clerk attachment cc:County Counsel Building Inspection File List 09/1b '98 10:bo 11):AU'VAMl l i I LL KEbE IKi H FAX:b l U-b"b-U`(U2 2 rst�, rtaoY was SCHEDULEA DATE OF REPORT: September 14, 1998 COUNTY OF: Contra Costa CORDER NO. 13091)9 AMOUNT OF LIABILITY: ACTUAL LOSS NOT TO EXCEED 1,000.00 PREMIUM. 100.00 CLIENT: Contra Costa County Building Inspection Attention: Pam I. The latest ars#Iable ectua#Ixed aseossrrrent roll In the otfico of 2. The last document In the cba#n of title to said land as disclosers the Assessor of sold County discloses the fallowing with by the Cftticlaf Records of said County purporting to convey respect to the fond referred heroin: the fee title to saldIs d Is: Street Address; 57 Poinsettia Avenue � Conveyed Tw. Sean Shatique, a married man, Bay Point, California as her sole and separate property Tax Parcel if 096-03(�3-007 Land $27,664.00 Recorded October ti, 1993 Implovornettts: $80,290,00 Irsatrumettt 0 93-276200 exemption None Shoran 19013/194 Total Taxes $861.38 (paid/paid) Tranaler Tax. None Shown 3. Subject to any conflicts In boundary lines,or discrepancies that would be revealed by a correct surrey,the land re€erred to in this report is that land located In the County shown above,in the State of California,and is described in the above referenced instrumon, as follows: For legal description see EXHIBIT A attached hereto and made a part hereor. 4. That an examination of the chairs of title to"Id lend os disclosed by such Off#Clol Accords reveals no mortgages or lions purporting to affect said land,other than those sot out below under Exceptions,provided,nowever,that no liability is assumed with r8spect to the Identity of any party named or referred to in this Schedule.nor with respaCt to the validity,legal effect or priority of any matter shown as an Exception.No report is made regarding matters affectin0 the benet#cial interest of any mortgage or deed of trust which may be shown herein as an Exception. Exceptions: 1. DEED OF TRUST Dated : January 18, 1991 Amount : $67,500.00 Trustor t Syed I H Shah and Syeda Rr Shah Trustee : California Reconveyance Company � Beneficiary: great Western Barak Address P.O. Box 1900, Northridge, CA 91328 Loam No. 1-301441-2 Recorded January 31, 1991, Instrument No. 91-17882, Book 26378, Page 505 2. NOTICE OF VIOLATION Recorded : January 15, 1998, Instrument No. 98-8374 srra�ryr�sas rsyrn}ssr/ry�r s�,ryryr�rr ryarr + roar .rrrrsrrs .ss+sres + rr♦rrrrrsr . rrrrrrs • rrs ss . ssa a . a . . . f� �3 M�i.it� 1Y AliD s 8: 7 Poinsettia Ave. , Bay Point, CA 94565 Continued on Page 2 a CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Carlos Baltodano, Director Building Inspection Department Attn: Tim Griffith, Building Inspector I DATE: February 8, 1999 FROM: Barbara Grant, Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Sean Shafique from the decision of the County Abatement Officer declaring the abandoned dwellings in violation of(C.C.C. Ordinance Code 14- 6.410, 301 U.B.C. per 712-2.042 and 712.2404 of the Contra Crista County Ordinance Code), on property located at 57 Poinsettia Avenue, Bay Point. This office is in receipt of the attached Appeal and check in the amount of$12.5 from Sean Safique from the decision of the County Abatement Officer declaring as a public nuisance, the abandoned dwellings in violation of(C.C.C. Ordinance Code 14-6.414, 301 U.B.C. per 712-2.002 and 712.2004 of the Contra Costa County Ordinance Code), on property located at 57 Poinsettia Avenue, Bay Point. The Board of Supervisors has tentatively scheduled this appeal for hearing on March 9, 1999, at 9:00 a.m. in the Board Chambers. Please notify this office in writing by February 15, 1998,whether the Board of Supervisors should hear this appeal as calendared. If the appeal is timely and should be heard,please include the names, addresses and zip codes of all parties to be notified in addition to the Appellant. If the appeal is to be heard on March 9, 1999 as scheduled,please submit the appropriate material for Board consideration to this office not later than February 22, 1999. Thank you. B:bg attachment cc: County Counsel SEAM SHAFIQUE 894 4231 SAN PABLO DAM RD #28 EL S48RAN'1`E, CA 948tt3 ' i`?ate y r Orto the L IfA @ C} deof � b ---Dollars axu One w*m P-Am om iutt�rrstr irttt w 45 SPW Svw 9 8 San kw"W,CA 94106 ( ) 0164100 ° For �' rr s : I 0035 6:089491;029531::01691*0 RECEIVED SOP �^a "0N T PA C0S -A CO. p1 ArZ I �� iv a IN axrv� t S � r trf �� s:� a 9� f a z + z f f r � t r'� Build!n' In S, pection Departmeia contra carica Saftodano Dire=--of Build ng,nsaection FRCP:R7Y CONSERVATION DIVISION UoStcl NEIGHBORHOOD FRESERVA7110N PROGRAiv WEA^'HERIZATION PROGRAM U o u n rly P e Street,mFloor m � nz.C2ifEa'Fdid 94553-4152 ff � PCS (925;335-..1 I NNP (925)335_::37 12oatf WP (925)33S-'16 ' FAX (925)64C-4-4'5(, January 21-L, 1-999 Sean Shafique P.O. Box 2544 Berkeley, CA. 94702 SITE. 57 Poinsettia Ave . , Bay Point APN: 096-033-007 PES e RF980505 Dear Property Owner, !his letter is to clarify a series of mailings you have received. On 1./8/99 your property was posted with a Notice of Order to Abate. Our ordinance requires certified mailing to parties known to be it possession of the property and on the last equalized assessment roll . The notification was sent via first class mail therefore, unacceptable. In error, a belated certified copy was sent. Please disregard any correspondence dated '-/8/99 involving the abatement . The property will be reposted today and new notification sent via certified mail with new dates, granting additional time for you to appeal this process . For further information or to work out a col=aborative solution to this ratter, you may contact me at (925) 335-111.3 any workday between 8 : 00 and 1 0 : 00 a r. Our offices are closed the first, third and fifth Fridays of every month. Sincerely, T,m, GrIf ith Building 'Inspector i TG:cw4