HomeMy WebLinkAboutMINUTES - 03132001 - SD.5 / 6 .S-EAL O
TO: BOARD OF SJRRVISORS -- Contra.
FROM: CARLOS BALTODANO, DIRECTOR ' ..`w .:�.,.o= Costa
BUILDING INSPECTION DEPARTMENT �o `°� County
,vrq-coiitiit
DATE: March 1�, 2001
SUBJECT: APPEAL OF ABATEMENTACTION AT 590 La Paloma Rd, E1 Sobrante
APN: 425-062-024
OWNER: Lynn & shavon Newt
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:
$10, 000, if the County does the abatement.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On April 12 2000, Building Inspection received a complaint of work being done
without permits. On June 6 2000 the building had a fire. The owner has been
unable to keep the building secured. On October 9, 2001, a Notice to Comply was
issued for unsafe building and opened abandoned structure. The building has the
following violations of C.C.C. ord.
Title 7, Chapter 712-2 .004 U. H. C. 1001.1 (Substandard Building)
Title 7 chapter74-1.002, (U.B.C.102- unsafe structure, public nuisance)
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 12/20/2000, the Building Inspection Department declared the property a public
nuisance and posted a Notice Order to Abate under Title 1, Chapter 14-6.410
This appeal is being made under the provisions of this title. �y/���/yam/
CONTINUED ON ATTACHMENT: / YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON March 13, 2001 APPROVED AS RECOMMENDED XX
OTHER. .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS: XX 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 March 13, 2001
cc: Building Inspection Department
PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
8 , DEPUTY
Th B of u rvi Phil Batchelor
The Board S ers
p Cor�ra Clerk of the Board
Costa and
County Administration Building County Administrator
651 Pine Street, Room 106 (925)335-1900
Martinez,California 94553-1293 Count �
John Gioia, 1st District JV
Gayle Uilkema,2nd District
Donna Gerber,3rd District
Mark DeSaulnier,4th District �!
Federal D.Glover,5th District
February 14, 2000
fr�cduN`�
Buchalter,Nemer et al
Sarah Andrus
601 S. Figueroa St., Ste 2400
Los Angeles CA 90017-5704
Dear Ms. Andrus:
In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance), you are
hereby notified that Tuesday, March 13, 2001, 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 Sections 712-2.004 and 74-1.002 of the Contra Costa County Ordinance Code, and
declaring said violations a public nuisance on property located at 590 La Paloma Rd., El Sobrante,
APN#425-062-024. 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
B
Y
arbara S. Gr ,D ty Clerk
attachment
cc:County Counsel
Building Inspection
File List
03-12-01 12:25 From-BUCHALTER NEWER 4152270771097 r
F-237
'?z)
uC ter 333 MARKET STREET,29°i FLOOR.SAN FRANCISCO,CALIFORNIA 94105-2130
4 I'VLE HONI3(415)227.0900 1 FAX(415)-127.0770
Nemer Fields
�j f ilc Number. L7574-014ta
1d �r Direct OW Number: (415) 227-3550
F-Moil Addres-j: �ltvrlC(jC bu�hu[ta�4vrn
A Prutca wrul I...w Curpun,u.,n
March 12,2001
VIA FACSIMILE: (925)335-1913
Barbara Gram
OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
651 Pine Street,Roam 106
Martinet, CA 94553
Re: Avoeal of Abatement Action
Property: 590 La Paloma Road,EI Sobrame; CA
APN: 425-062-024
Dear Ms.Orant:
This office represents Ameriquest Mortgage Company,the lender who held the Deed of
Trust on the above-referenced property. As we discussed on March 5,2001,the property was
sold at a foreclosure sale on Tuesday,February 27,2001 to a third party,Dave Wong,405 141h
Sweet, Oakland,California 94612.
Should you have any questions,please do not hesitate to contact me at(415)227-3550.
Very truly Yom
BUCHALTER,NEMER,FIELDS&YOUNGER
A Professional Corporation
By
SHARON M. STARK
SMS:ss
cc: Keefe Roberts, Esq.
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`4•.�' L. CONTRA COSTA COUNTY
X.. BUILDING INSPECTION DEPARTMENT
\ 651 Pine Street 4th Floor
' Martinez, CA 94553
Telephone: (925) 335-1111 Fax: (925) 646-4450
DATE: March 7,2001
TO: Clerk of the Board
Attn: Barbara Grant
FROM: Mickie Perez, Chief
Property Conservation Division
By: Mark Kirchen
SUBJ: SITE: 590 La Paloma, EI Sobrante
APN: 425-062-024
REF: RF000302
RE: Abatement at 590 La Paloma, El Sobrante California, 94803
In reference to a property posted for abatement at 590 La Paloma, El Sobrante CA. The property
owner of record,Lynn Newt and Shavon Newt,have appealed the abatement and have an appeal date
set for March 13 2001.
I received a telephone message left on my voice mailbox on February 28 2001 from a real estate
agent who identified himself as Francis Ho,a representative for the buyers of the property at 590 La
Paloma Drive,El Sobrante. Francis Ho of J B Franklin Realty stated he represents the new owners
of the property. I called Francis Ho Back and requested the new owners name and address. Francis
Ho has not returned my call as of today's date March 7, 2001. The trustee sale officer,Dana Rosas
of Town and Country Title Company telephoned me on March 7 2001. Today I was told the
property was sold on February 27,2001 to Dave Wong. The new owners address is 405 14`h Street,
Suite# 800, Oakland, CA 94612.
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
Lynn and Shavon Newt )
590 La Paloma Road )
El Sobrante CA 94803 )
Re: Appeal by Buchalter, et al )
Attn: Sarah Andrus
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:
Lynn& Shavon Newt
590 La Paloma Rd
EL Sobrante CA 94803;
Town&Country Title Services, Inc
Ameriquest Mortgage Company
1100 Town&Country Rd, Ste 200
Orange CA 92868
Lynn and Shavon Newt
Old Republic Title
640 La Paloma Rd
El Sobrante CA 94803
Ronnie and Lynn Newt
991 Brusco Way Apt 3
San Francisco CA 94080
Farhad and Susan Ghaemmagami
640 La Paloma Road
El Sobrante CA 94803
Buchatler et al
Attn: Sarah Andrus
601 S.Figueroa St. Ste 2400
Los Angeles Ca 90017-5704
I declare under penalty of perjury that the foregoing is true and correct, executed at 651 Pine
Street, Martinez, California.
Dated: February, 15 2001
arbara S. G ant eputy Clerk
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.
X 1 . I 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
hereinafter 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.
Lynn Newt and Shavon Newt
590 La Paloma Road
El Sobrante, CA 94803
Lynn Newt and Shavon Newt
Town and Country Title Services, Inc.
Ameriquest Mortgage Company
1100 Town and Country Road, Suite 200
Orange, CA 92868
Lynn Newt and Shavon Newt
Old Republic Title
640 La Paloma Road
E1 Sobrante, CA 94803
Ronnie and Lynn Newt
991 Brusco Way, Apt. #3
San Francisco, CA 94080
Lynn Newt and Shavon Newt
991 Brusco Way, Apt. #3
San Francisco, CA 94080
Farhad Ghaemmaghami and Susan Ghaemmagami
640 La Paloma Road
E1 Sobrante, CA 94803
SITE: 590 La Paloma Rd. , El Sobrante, CA
APN: 425-062-024
Said notices were mailed/posted on January 23, 2001 .
I declare under penalty of perjury that the foregoing is true and
correct.
Dated: January 22, 2001 in Martinez, California.
PCD CLERK
m
a,
E MRK OFTH'EBOARD,'OF`S:IlPEfRvlSQRS
C
FFI E1VIElV10w -:
TO: Carlos Baltodano, Director
Building Inspection Department
DATE: February 1, 2001
FROM: Barbara Grant, Deputy Clerk
Clerk of the Board of Supervisors
SUBJECT: Appeal received from Ameriquest Mortgage Co. re: property of Lynn
Newt and Shavon Newt—590 La Paloma Rd., El Sobrante
(APN #425-062-024)
The Board of Supervisors has rescheduled this Appeal for hearing on March 13, 2001,
at 9:00 a.m.. If you determine this is not an acceptable appeal, please let us know
before this hearing date. Prior to this hearing date, we require the following material in
our office no later than February 19, 2001.
♦ Thirteen completed packets, (one original and twelve copies, each complete) for the
Board members and the Clerk of the Board;
♦ Also, completed packets equal to the addresses on the required Notice of the Hearing
for our noticing purposes;
♦ And, the names, addresses and zip codes for all relevant parties, including the
Appellant, and if applicable, their attorney.
If we do not receive the material by the aforementioned date, we will be unable to go
forward with the March 13, 2001, hearing date, and will reset the hearing. If you have
any questions or concerns, please contact our office.
Thank you.
c.c. County Counsel
Pam Calley,BI
Mark Kirchen,BI Inspector
0 a.
Buchalter 601 SOUT'II FIGUEROA STREET,SUIT(2400,LOS ANGELES,CALIFORNIA 90017-5704
TELEPHONE 213)891-0700 / FAx 213)896-0400
Nemer Fields File Number: L7574-0140
& Younger Direct Dial Number: (2 13) 891-5145
E-Mail Address: snttdrir.s@bucholter.com
A Professional Law Corporation
January 31, 2001
VIA FACSIMILE AND
FEDERAL EXPRESS
Ms. Barbara Grant
OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
651 Pine Street, Room 106
Martinez, CA 94553
1 TON
Re: Notice of Appeal of Notice and Order to Abate F Eg EP"\S°PS
Property: 590 La Paloma Rd., El Sobrante, CA sop
APN: 425-062-024 ��ERK�oN�ucoycPc°
Dear Ms. Grant:
Following my letter of earlier today, enclosed with the hard copy of this letter please find
the $125.00 appeal fee and the declaration under penalty of perjury in support of the appeal.
I will await further instructions from your office. If you have any questions, please feel
free to call me directly at (213) 891-5145.
Very truly yours,
BUCHALTER, NEMER, FIELDS & YOUNGER
A Professional Corporation
By lzfs�
SARAH K. ANDRUS
Encls.
I-os Angeles • Newport Beach • San Francisco
601 So[rrH FtGUtxUA STUFT,SUITF 2400,I.AcELBS.CAL1FORN A 94017-5704
Buchalter ILLEPRONE 1213)W91-MOD 1 F.-A(213)896-0400
Nemec Fields
File Numbcr: L7574-0140
Younger Direct Dial Number (213) 891.5145
E-Mail A44ress- sundrusirbuchafrrr cam
A Pf0fe33wzw1 Lew t=nr()nrRrroee
January 31, 2001
V" EACS MILE RECE1!1 D
Ms. Barbara Grant JAN 3 12001
OFf10E OF THE CLERK OF THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA CLERK BOARD OF SUPERVISORS
651 Pine Street, Room 106
Martinez, CA 94553 CONTRA COSTA CO.
Re: Notice of AMeal of Notice and Order to Abate
Property: 590 La Paloma Rd., El Sobrante, CA
APN: 425-062-024
Dear Ms_ Grant:
Thank you for taking the time to speak with me this afternoon retarding the January 23,
2001 Notice and Order to Abate("Order")issued in connection with the above referenced
property. As we discussed,this firm represents Ameriquest Mortgage Company,the senior
penholder on the property. We j ust became aware of the Order and the alleged fte damage
referenced therein_ Needless to say,we were shocked by both and intend to immediately remedy
these issues.
Accordingly,we hereby appeal the Order and will follow this facsimile with the$125.00
appeal fee as well as a declaratioa under penalty Ufperjury regarding the above. Based on our
conversation of this afternoon,I understand that this letter is sufficient to preserve Ameriquest's
right to appeal and to stay enforcement of the Order,provided that we also send the necessary fee
and declaration.
If I am mistaken in any of the above,please give me a call immediately at(213) 891-5145
so that we can resolve any problem�;. Thank you again for your assistance in this matter.
Very truly yours,
DUCHALTETZ,NEMER,FIELDS &YOUNGER
A Professional Corporation
By
SARAH K.ANDRUS
I.L,,Anecks • N?WOOLE brash • San fran�raFR
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J2n-31-01 05:14pm From-BUCHALTER 213 896-0400
T-121 P-01/04 F-462
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PAX cQvF[i Nemo r sp t��13,1891-c_Oo,�R M3)�w�m
sryE7cT
Krasb Fields
MMMMATFLT ^'Rw Irwa,9 &.9+earr/)9A%_4991k) z Jy
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Date Janaary 31, 2001
To Ms. Barbara Grant
Company OFFICE OF THE C1..F.R14 OF THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
Fax No. (925) 335-1913
Voice No_ (925)335-1900
FTOM Sarah K_ Andrus
Voice No. (213) 891-5145
No. of Pages ?�
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File No. L7574-0140
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Jan-31-01 04:1Spm From-BUCHALTER 213 886-0400
T-114 P.02/02 F-456
1 DECLg TION OF R&Y ELMES
2 1,Ray Elmes,declare as follows:
3 1_ I am the bankruptcy and foreclosure manager at Ameriquest Mortgage Company
4 ("Ameriquest"), the senior lienholder of the real property commonly known as 590 La Paloma
5 Road,E1 Sobrante, California, Assessors Parcel Number 425-062-024("Property"). The
6 following facts are true of my own personal knowledge. If called to testify,I could and would
7 competently testify to the truth of the matters stated herein.
8 2. Ameriquest is in the process of holding 4 foreclosure We of the Property and, in
9 the course of foreclosing, within the last two days,became aware of(1) a lawsuit filed with
10 respect to the Property; and(2)the Notice and Order to Abate issued 3aturary 23, 2001 which was
11 apparendy issued is response to the fire damage to the Propcity. Ameriquest was sarprised to
12 learn of each of these events and intends to remedy each of them as required by law. Specifically,
13 Ameriquest will immediately secure the Property and take all action required by the Notice and
14 Order. Based on the foregoing,Ameriquest appeals the Notice and Order.
15 1 declare under penalty of perjury under the laws of the State of California that the
16 foregoing is true and correct.
17 Executed this 31 st day of January,2001 at angc,California.
19 RA ELM
20
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AECLARATION OF RAY ELMES
• 0
Buchalter 601 SOUTH(IGU ROA STREET,SUTI(i 2400,LOS ANGELES,CALIFORNIA 90017-5704
TELEPHONE 213 891-0700 / FAX 213)896-0400
Nemer Fields
File Number: L7574-0140
& Younger Direct Dial Number: (2 13) 891-5145
E-Mail Address: sandriis@buchalter.com
A Professional Law Corporation
January 31, 2001
VIA FACSIMILE AND
FEDERAL EXPRESS
Ms. Barbara Grant
OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
651 Pine Street, Room 106
Martinez, CA 94553
Re: Notice of Appeal of Notice and Order to Abate
Property: 590 La Paloma Rd., El Sobrante, CA
APN: 425-062-024
Dear Ms. Grant:
Following my letter of earlier today, enclosed with the hard copy of this letter please find
the $125.00 appeal fee and the declaration under penalty of perjury in support of the appeal.
I will await further instructions from your office. If you have any questions, please feel
free to call me directly at (213) 891-5145.
Very truly yours,
BUCHALTER, NEMER, FIELDS & YOUNGER
A Professional Corporation
By
SARAH K. ANDRUS
Encls.
Los Angeles • Newport Beach • San Francisco
Payee: CLERK OF THE BOARD OF SUPT VISORS Check#: 252468
Vendor ID: 3700 Check Date: Jan 31/01
Inv Inv Date Atty G/L Acct Client Matter Narrative Amount Inv Total
013101 Jan 31/01 L7574 0140 VENDOR:CLERK OF THE BOARD OF 125.00 125.00
SUPERVISORS;INVOICE#:013101;DATE:
1/31/2001
L7574-0140 APPEAL OF NOTICE OF
ABATEMENT
Invoice Totals: $125.00 $125.00
,. :COUNTY OF CONTRA COSTA - GENERAL RECEIPT 956853
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OWNER: Lynn Newt and Shavon Newt
NOTICE AND ORDER TO ABATE
C.C.C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that substandard conditions exist and are in
violation of: (description of violation)
Section #CCC Ord. 712-2.004 (U.H.C. 1001.1 Substandard building)
Section #CCC Ord. 74-1.002 (U.B.C. 102 Unsafe structure, Public
nuisance)
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: 590 La Paloma Rd., EI Sobrante..
APN# 425-062-024
Owner: Lynn Newt and Shavon Newt
(Owner on last equalized assessment role or as otherwise known)
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within
eight (8) consecutive calendar days from the issuance of this order. The
issuance date is specified below. You may abate the nuisance by:
1. Remove substandard conditions.
2. Remove unsafe building structure, a public nuisance.
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, caddress 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 appear td 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 nearing. 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: January 23, 2001.
Mark Kirchen BUILDING INSPECTOR I
(925) 335-1171
MPK: jbp
Uniform.rev8/31/9
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