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HomeMy WebLinkAboutMINUTES - 05111999 - SD9 BOARD OF SUP' ­,VISORS q q1 Cont FROM: CARLC7S BALTo[ ANC}, aIRECTOR .. Costa BUILDING INSPECTION DEPARTMENT �' � ` � bounty DATE: APRIL 45, 1999 SUBJECT: Appeal of Abatement action at 520 Verde Ave. , Richmond ' APN # 409-271-003 Owner: POPE SPECIFIC REQUEST(S) OR RECOMMENDATION(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 IMPACT: $9, 000 . 00, if the County does the abatement . BACKGRO=/REASONS FOR RECOMMENDATIONS: On December 2 , 1998 a complaint was received regarding multiple occupied trailers, storage of vehicles and junkyard conditions on the premises. On December 21, 1998 a site inspection was made which revealed 6 non- running, unregistered vehicles and an occupied trailer, with no sanitation facilities . On January 4, X999 the occupant was notified of the illegality of their occupancy and a Notice to Comply was sent to the property owner. On February 18, 1999 a subsequent inspection disclosed that an additional, trailer and more =unk had been moved onto the lot . The owner of the property has been notified through written correspondence and certified mail . As of this date compliance has not been. gained. On March 10, 1999, the Building inspect-on Department declared 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. The following violations of the County Ordinance exist : Title 8, Chapter 82-2 . 006 (improper land use, maintaining an illegal junkyard, moving a building or structure without approvals or permits . ) Chapter 84-22 .4032 (establishment of a trailer not a permitted use in D-1 zoning) . Chapter 84-68 . 1402 (use of a travel trailer for human habitation in other than a lawful mobilehome park or travel trailer park) CONTINUED ON ATTACHMENT: L YES SIGNATURE 6 RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON M a t.11. 1_;99 APPROVED AS RECOMMENDED L OTHER g The public hearing was OPENED and Queen E.Givens,appellant,520 Verde Ave,Richmond,commented on the matter. No one else desiring to speak.having been heard,the hearing was CLOSED and the Board took the following 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,taking no action for 45 days. - VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ' 'rte AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN:v BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Building Inspection Department 77 ATTESTED ,� PHIL SATCHEL8'k,CLERK OF THE"RD OF SUPERVISORS AND UNTY ADMINISTRAT ✓ BY Y� v;1F$tTY i BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,CALIFORNIA SIA AFFIDAVIT OF MAILING IN THE MATTER OF QUEEN E. GIVENS ) 520 VERDE AVE ) RICHMOND CA 94841 ) Re: APPEAL I declare under penalty of perjury that I am now, and at all tunes 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: QUEEN E. GIVENS P 160, 2514 1 S 520 VERDE AVENUE, RICHMOND CA 94801 " p 160 5 186 t3I.;EEN E. GIVENS 16"10 2 5 14 18 4 1856 2°'D STREET RICHMOND CA 94841 g 160 6`1 254 183 DONALD L. POPE Receipt for Cart-Med MaO 524 VERDE AVENUE M" RICHMOND CA 94801 Q�d not v: €x�Y1 r€;a� ��� DONALD L. POPE : ` y 502 ENTERPRISE AVENUEF� OND CA 94841 �. RICHMOND . I declare under penalty of perjury that the foregoing is t � California, Bated: APRIL 21, 1999 Deputy C i, EsY A O wwz.�+mz 1 �S Form '002 $184 SCHEDULE A DATE OF REPORT: January 6, 1999 COUNTY OF: Contra Costa ORDER NO.: 131266 [AMOUNT OF LIABILITY: ACTUAL LOSS NOT TO EXCEED $ 1,000.00 PREMIUM: $ 100.00 CLIENT: Contra Costa County Building inspection Attention: Pam f. The latest available equalized assessment roil in the office of 2. The last document in the chain of title to said land as disclosed the Assessor of said County discloses the following with by the Official Records of said County purporting to convey respect to the land referred herein: the fee title to said land is: Street Address: 520 Verde Avenue Conveyed To: Ronald L. Pape, a single man Richmond, California Tex Parcel # 409-271-003 Land $4,169.00 Recorded . May 30, 1975 Improvements: 659.00 Instrument ## : 46314 Exemption None Shown Book/Page 7521/887 Total Taxes 81. tl open/open) Transfer Tax: $2.75 3. Subject to any conflicts in boundary lines, or discrepancies that would be revealed by a correct survey,the land referred 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 instrument as follows: Lots 5, 6 and the west 3 feet of :mot 7, Block 11, Map of North Richmond Land and Ferry Co. , Tract No. 1, filed July 11, :1910 in Book 1 of Maps, Page 1-18, Contra Costa County Records. 4. That an examination of the chain of title to said land as disclosed by such Official Records reveals no mortgages or liens purporting to affect said land,other than those set out below under Exceptions;provided,however,that no liability is assumed with respect to the identity of any party named or referred to in this Schedule,nor with respect to the validity,legal effect or priority of any matter shown as an Exception.No report is made regarding matters affecting the beneficial interest of any mortgage or deed of trust which may be shown herein as an Exception. Exceptions: NONE END OF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OWNERS MAILING ADDRESS: 520 Verde Avenue Richmond, Ca. 94801 and 502 Enterprise Avenue Richmond, Ca. 94801 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo TO: Carlos Baltodano,Director Building Inspection Department Attn: Nathaniel Powers, Building Inspector I DATE: March 24, 1999 FROM: June McHuen,Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Queen E. Givens of the County Abatement Officer declaring storage of vehicles&occupied trailers in violation of (C. C. C Code 14- 6.410)sections 88-4.208 and 84-68.1402 of the Contra Costa County Ordinance Code,on property located at 520 Verde Ave.,Richmond. This office is in receipt of the attached Appeal and Request for Waiver of $125 filing fee from Queen E. Givens,from the decision of the County Abatement Officer declaring as a public nuisance,the storage of vehicles& occupied trailers in violation of (C.C.C. Ordinance Code 14-6.410) sections 88-4.208 and 84-68.1402 of the Contra Costa County Ordinance Code, on property located at 520 Verde Ave., Richmond. The Board of Supervisors has tentatively scheduled this appeal for hearing on May 11, 1999, at 9:00 a.m. in the Board Chambers. Please notify this office in writing by April 12, 1999, whether the Board of Supervisors should hear this appeal on the calendared date. 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 May 11, 1999 as scheduled,please submit the appropriate material for Board consideration to this office not later than April 19, 1999. Thank you. attachment cc: County Counsel ra�G 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 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. 146.416, 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. { gnature of Appellant) on , L (date) at (City, Staty I gWNER: Donald L. Pope "NOTICE .ANIS ORDER TO ABATE" C . C . C . ORDINANCE CODE 14 - 6 . 410 NOTICE IS HEREBY GIVEN that rhe storage of vehicles & occjjpi d trailers are in violation of Section g8-4 .208 4-! 8 . j4Q2 of the Centra Costa County Ordinance Code. The violation has been declared a public nuisance by Nat an%el growers . Bui dint Inspector ,I and must be abated immediately. The public nuisance is on property located at 5 V rde ve. . Richmr d A.PN# 409-271-002 YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within =t3qenty- One (21 consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by removing all vehicles, trailers .-& ,-debris. 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 =P HUNDREDS TWENTY FIVE dollars ($125 . 0Q) ; 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 BATE Marek 10, 1999 Nathaniel Ptamers. wilding Xnmpector I RECEIVED 651 Pine st, 4th floor, Martinez, CA 94553 (925) 335-1147 MAR 1 8 1999 CLERK Ski ARD CP SUPEMSOils ZrONTRA CLSOTA CO. x .. ............. tr C'LERt� OPRO O St3P�A �Qf� .... ... at .................................... ...... ..... :.. .. ...:.. ....... �.:° "t. V* ': ,or.L .�,n.... +. r�'�.. .. . ".'4nL'E'fi.. :.".'.. . L. ?, `„. , ice.. .�j :x: �. ...> ` 3 96s�'�`'�'•':�°`44P�a� ..... r ` t � r w .�Aar6 �sf0�aa Al ....... ... Yy< '�, r - ' Fa., '.•' .x : �'`P":"±m.4��„u....:36d .� `4.... `ae "R"^.k... ''! 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