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HomeMy WebLinkAboutMINUTES - 04112000 - SD4 TO: BOARD OF SUPEkv(SORS Contra osta FROM: CARLOS BALTODANO, DIRECTOR f Cn t BUILDING INSPECTION DEPARTMENT �'ou�� DATE: March 8, 2000 SUBJECT: Appeal of Abatement action at: 2450-2474 Willow Pass Rd. , Bay Paint APN # 096-020-070 Owner: Richard & Lucia Palacios 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: $4, 000 . 00 if the County does the abatement . BACKGROUND/REASONS FOR RECOMMENDATIONS: On November 4, 1999 a complaint was received regarding a substandard structure and junkyard conditions on the premises . On November 16, 1999, a site inspection was conducted and the inspection revealed that the building was substandard and that the furniture and debris surrounding the building further contributed to visual blight in the Redevelopment Target area. On September 17, 1999 fallowing a courtesy notice, the property owner removed the furniture and debris . On September 17, 1999 the property owner signed an agreement giving Joe Zelaya, potential new owner, power of attorney. There have been repeated attempts to get Mr. Zelaya to rehabilitate or demolish the building, but Mr. Zelaya claims that it will cause a financial hardship. The property was posted for abatement on February 17, 2000 for the following violation: Title 7, Chapter 712-2 . 004 (substandard building) The owner of the property has been notified of the violation (s) through written correspondence and certified mail . As of this date, compliance has not been gained. On February 17, 2000 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 made under the provisions of this title . CONTINUED ON ATTACHMENT: ! YES SIGNATURE ��Z RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON April 11, 7.(XXl APPROVED AS RECOMMENDED yr OTHER The public hearing was OPENED; Joe Zelaya, (Attorney in Fact for Owners), 2460—2474 Willow Pass Road, Bay Point, appeared to speak; no one else desiring to comment, the hearing was CLOSED. The Board then took the following action: DENIED the appeal; AFFIRMED the determinations of the County Abatement Officer; and DIRECTED the County Abatement Officer to proceed and perform the work of the abatement(C.C.C. Ordinance 14-6.410). VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS(ABSENT — — — — — AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN:® BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED A" 1 11, 2(M cc: Building Inspection Department PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS ND COUNTYAD 11ST TOR BY ,DEPUTY tchelor The Board Of Supervlavta Contra j� Clerk Phil of Board County Costa and County Administration Building Administrator 651 Pine Street, Room 106 }� (925)335-1900 Martinez, California 94553-1293 County John Cion, 1st District `� Gayle Uilkema,2nd District ,;•- .� '`=- d Donna Gerber,3rd District Mark DeSaulnier,4th District Joe Canclamilia,5th District ;• March 15, 2000 Ricardo and Lucia Palacios 2460- 2474 Willow Pass Road Bay Point CA 94565 Dear Mr. and Mrs. Palacios. In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance), you are hereby notified that Tuesday, April 11, 2000, 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 substandard conditions in violation of Section UHC 100 1.1 of the Contra Costa County Ordinance Code, and declaring said violations a public nuisance on property located at 2460 —2474 Willow Pass Road, Bay Point. The hearing will be held in the Board of Supervisor's Chambers, Room 107, 651 Pine Street, (the Administration Building), Martinez, CA. 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 Board By arbara S. (�rab Deputy Clerk amclunent cc:County Counsel Building Inspection File List REQUEST TO SPEAK FORM (THREE(3)MINUTE LEMI) Complete this form and place it in the box near the speakers*rostrum before addressing the Board. Name: Phone(., Address: Pa" City: I am speaking for myself r or organization: CHECK ONE: {name Of"Wir"on) I wish to speak on Agenda Item# 5Daft: .l e My comments will be: general for , fagainst I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to Consider: d ccnn 0 319 a t`3 tc > C 0 C al 3 j C W •�� 'max 3 is 4 d x t� x :. X. 141 s rva � Si >� „aVYR T .................................................. ........................... BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF RICARDO and LUCIA PALACIOS ) 2460—2474 WILLOW PASS RD. BAY POINT CA 94565 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, first class postage fully prepaid, a copy of the hearing notice, and the code section in the above matter to the following: JOE ZELAYA 751 LAUREL STREET, #315 SAN CARLOS CA 94070 I declare under penalty of perjury that the foregoing is true and correct, executed at 651 Pine Street, Martinez, California. Dated: March 2 , 2000 ated' March t, 2000 4 arbara S. uty Clerk t P 160- 253 826 'aawos idie*eii uirneu buisn jol noA)jueqj 71- US Postal Service CU a) Receipt for Certified Mail 0 0 No Insurance Coverage Provided. > Do not use for International Mail(See reverse) 0 El 2- Sam to JOE ZELAYA -r- E Street&Number "0 In (n CIC 'D (V < Q) 70 0 J:� El 0 ccs M 0 E c-4 w m cx s ar 0 Postage Zcertified Fee Q) �4 U D F= 0 E M a R 2< Special Delivery Foe 1= P4 q3 W 1 . V Lo CE 0 E❑I ResMed Wvery F" 12no Return Receipt Showing to Whom&Dais Defivemd Aftim Race pt&*Wkv to Whom Dift,&A&Imm's Afteis I gp) TOTAL Pomp&Fen $ -6 6 ul Postmark or Date E o LDE cc 3 i E Z X C C 01c: t LU-0a 5, < to (nawas eta C6 wi 6.1 a, i9pis e9jeAsi atu uo pe4afdwoo SS3800V MUn.L3HjnoA sl c.. r+ all cr sk to ` un ru tA 7t ZOV ,\ O ` t v m Is your RETURN ADDRESS completed on the reverse side? -o M w ■■ ■ ■■■to > 6 am m r CA) m - mmm CD Cr t!rj m 3 J@ �' ar VY C O O Q EF N Zuug m w � m 4n lb '� ❑ ❑ ❑ Q G G� D CD cS © E '0 3 0CD � ❑ ❑ � ' - : 0 M a m .. CD m� w m CD c m c � a ° m 0 ro m m a to m 0 ro L3 CLCL cn Thank you for using Return Receipt Service. `G?< ` The Board of Supervisors �j���i Gl Phil Batchelor Clerk of the Board Cost County Administration Building and County Administrator 851 Pine Street, Boom 106 (925)335-1900 Martinez, California 94553-1293 County John Gloia, 1st District �J Gayle Ullkema,2nd District Donna Gerber,3rd District Mark DeSaulnier,4th District Joe Canciamilla,5th District C; 'z March 15, 2000 a� Ricardo and Lucia Palacios 2460- 2474 Willow Pass Road Bay Point CA 94565 Dear Mr. and Mrs. Palacios: In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance), you are hereby notified that Tuesday, April 11, 2000, 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 substandard conditions in violation of Section UHC 100 1.1 of the Contra Costa County Ordinance Code, and declaring said violations a public nuisance on property located at 2460 — 2474 Willow Pass Road, Bay Point. The hearing will be held in the Board of Supervisor's Chambers, Room 107, 651 Pine Street, (the Administration Building), Martinez, CA. 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 limit'ed 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 BA*f5l",y Ag� arbara S. t 4'Deputy Clerk attachment cc:County Counsel Building Inspection File List TO: BOARD OF SUPERVISORS Contra Costa FROM: CARLOS BALTODANO, DIRECTOR Court BUILDING INSPECTION DEPARTMENT DATE: March 8, 2000 SUBJECT: Appeal of Abatement action at: 2460-2474 willow Pass Rd. , Bay Point APN # 096-020-070 Owner: Richard & Lucia Palaclos 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: $4, 000 . 00 if the County does the abatement . BACKGROUND/REASONS FOR RECOMMENDATIONS: on November 4, 1999 a complaint was received regarding a substandard structure and junkyard conditions on the premises . on November 16, 1999, a site inspection was conducted and the inspection revealed that the building was substandard and that the furniture and debris surrounding the building further contributed to visual blight in the Redevelopment Target area. on September 17 , 1999 fallowing a courtesy notice, the property owner removed the furniture and debris. on September 17, 1999 the property owner signed an agreement giving Joe Zelaya, potential new owner, power of attorney. There have been repeated attempts to get Mr. Zelaya to rehabilitate or demolish the building, but Mr. Zelaya claims that it will cause a financial hardship. The property was posted for abatement on February 17, 2000 for the following violation: Title 7, Chapter 7122 . 004 (substandard building) The owner of the property has been notified of the violation(s) through written correspondence and certified mail . As of this date, compliance has not been gained. On February 17, 2000 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 made under the provisions of this title . CONTINUED ON ATTACHMENT: 1 YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HERESY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ASSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ASSENT: ABSTAIN:_,,, BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED cc: Building Inspection Depattment PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY � tre c�yerge s�;�N 1e an * row o m �` p �.�o T CD Q ro. . ' CD , 4 N TP ID Q� cp pec p Y au ic►r u�tr�p�t�rn c � ws REQUEST TO SPEAK FORM / (THREE(3)MINUTE LIMIT"} Complete this form and place it in the box new the speakers'rostrum before addressing the Burd. Name: ., - iPhone J?2.C� Address: u, L& City: I am speaking for myself__ or organization: ( Of alanizadon) CHECK ONE: 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 Board to Consider: SENDER: s 1 and/or 2 for additional services. I also wish to receive th following services for an E01IM"Plil.11t:112.3 4a,and 4b, 10 Print your name and address on the reverse of this form so that we can return this extra fee): car,"' a .Attach t4ol."irm to the front of the maiipiece,or or..the back if space does not 1.0 Addressee's Address a Vrmit, ite"Retum Receipt Requested"on the Mailpiece below the article number. Z 0 Restricted Delivery a The Return Receipt will show to whom the article was delivered and the date A Consult postmaster for fee. Addressed0 3.Article to: 4a. Ntxi#ser 4LIJi 2 PEDRO& GR4b.Service Type ACIELA BECERRA 0 Registered 1539 VAN DYKE STREET El Express Mail r-1 insured SAN FRANCISCO CA 94124 0 Return Receipt for Merchandise El GOD 7.Date of Delivetv MAIR 18 0 5 R (Print Na 8.Addressee's Address(Only if requested , and fee is paid) z dc - 6.Signatu-! ddressee or Agent),-�? 0 X L !fes r PS Form 3811,December 1994 102595-98-13-0229 Domestic Return Receipt SENDER: I also wish to receive th(' -Complete items 1 and/or 2 for additional services. a Complete items 3,4a,and 4b. following services(for at. Print your name and address on the reverse of this form so that we can return this extra fee): card toou 4) &Attach this iorm to the front of the maii.pieca,or on the back it space does not 1.0 Addressee's Address 5=t, Raturn Receipt Requested'on the mailpiece below the article number. 2�❑n Restricted Delivery a The delivered.Return Receipt will show to whom the artic!e was delivered and the date rConsult postmaster for fee. I Addressed to: 4a. I U6)Of C2 6-4 0041,6 Jr. C SO' BENEFICAL CALIFORNIAJNC. 4b.Service Type 2932 HILLTOP MALL ROAD 0 Registered XCertified 0 Express Mail 0 insured RICHMOND CA 94806 El Return ReTipt for f, rchandise 0 GOD 7.DaofV/ 41 5.Re e 8.Addre e's Address(Only if requested fee is paid) 6.Sig� rer (A dress e iE et 0 PS Form 3811,December 1994 Domestic Return Receipt TO: Carlos Baltodano,Director Building Inspection Department Attn: Mire Molinari,Building Inspector I DATE: February 25, 2000 FROM: Barbara Chant,Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Appeal by Ricardo and Lucia Palacios c/o Joe Zelaya, of the abatement action of the substandard building declared a public nuisance at 2460— 2474 Willow Pass Road,Bay Point. This office is in receipt of the attached Appeal and fee for$125 from Ricardo and Lucia Palacios c/o Joe Zelaya, from the decision of the County Abatement Officer declaring as a public nuisance, substandard conditions in violation of(C.C.C. Code 14-6.410)U.H.C. 100 1.1 of the Contra Costa County Ordinance Code, on property located at 2460-2474 Willow Pass Road,Bay Point . The Board of Supervisors has tentatively scheduled this Appeal for hearing on April 11,2000,at 9:00 a.m. in the Board Chambers. Please notify this office in writing by March 13,2000,whether the Board of Supervisors should hear this Appeal on the above 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 April 11,2000, as scheduled,please submit the appropriate material for Board consideration to this office no later than March 22,2000. attachment c.c.County Counsel CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) I declare that I am a duly appointed, qualified employee of the Building Inspection Department of the County of Contra Costa, State of California, that pursuant to Uniform Building Code Section 102, Uniform Housing Code 1997 Edition, Section 1101 .3, and Contra Costa County Ordnance Code Chapter 14-6 .4 Uniform Public Nuisances . K 1 . 1 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 thereinafter set forth and in the form attached hereto. 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 Clerk. 4 . Hand delivered. Ricardo & Lucia Palacios 2460-2474 Willow Pass Rd Bay Point, CA 94565 Beneficial California, Inc 2932 Hilltop Mall Rd Richmond, CA 94806 Pedro and Graciela Becerra 15.39 Van Dyke St San Francisco, CA 94124 Joe Zelaya 571 Laurel St#315 San Carlos, CA 94070 SITE: 2460-2474 Willow Pass Rd, Bay Point APN: 096-020-070 Said notices were mailed/posted on February 17, 2000 . I declare under penalty of perjury that the foregoing is true and correct . Dated: February 17, 2000 atNk-r ez, Ca�.i:crniA. �- PCD CLERK y a 1 NJ T 0 40 1 ~ 9F g F00, E February 24, 2000 Clerk of The Board of Supervisors County of Contra Costa RECEIVED 651 Pine Street, l" floor Martinez, CA 94553 FEB 2 4 2000 CLERK BOARD OF SUPERVISORS Res NOTICE and ORDER TO ABATE co►vrRA ccsrA co. C.C.0 Ordinance code 14-6.410 Bay Point -APN#096-020-070 'y Ricardo and Lucia Palacios c/o Joe Zelaya 751 Laurel Street. #315 San Carlos, CA 94070 Phone: (650) 631-1720 Fax: (650) 631-1719 To The Board of Supervisors, I appeal the Notice and Cider to Abate C.C.0 ordinance code 14-6.410, on grounds to the following: 1. Property decreasing on market value. Eliminating this building will reduce its value, therfore this will create financial hardship on my behalf. 2. Financial Hardship Due to the decrease in the market value, I willbe condemned to sell. This reduction in value will result in an enormouse amount of money and the bank will not be willing to cut this amount in order to sell. In fact,the Contra Costa County will force me to loose the property. Sincerely, Ricardo and Lucia Palacios Joe Zelaya Attorney in Fact ' r aAA OWNER:-Palaclos NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 NOTICE IS HEREBY GIVEN that the building is substandard and is in violation of: substandard building ordinance. (description of violation) Section U.H.C. 1001.1 Substandard Building. Of the Contra Costa County Ordinance Code. The violation has been declared a public nuisance by County Abatement officer and must be abated immediately. The public nuisance is on property located at: 2460-2474 Willow Pass Road Bay Point APN# 096-020-070 Owner: Ricardo & Lucia Palacios (Owner on last equalized assessment role or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ten (10) consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by: 1. Obtain permits and bring building to current codes or demolish. 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 your 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: February 17, 2000 Mike Molinari BUILDING INSPECTOR I MJM:ptc uniform.r*v8/31/99