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HomeMy WebLinkAboutMINUTES - 03042003 - SD4 BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) Preston & Lois Avery } 10355 Moretti Drive ) Cupertino, CA 93014 ) } ) Rea APPEAL DECISION ) ) 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 with the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the Board of Supervisors , final decision Board Order on i2egember 1, 2003 . in the above matter to the following: Preston & Leis Avery 10315 Moretti Drive Cupertino, CA 93014 SITE: 3010 Willow Rd. , Bethel Island, CA APN: 029010--017 I declare under penalty of perjury that the foregoing is true and correct. Dated: DecemDaer 1, 2003 , at Martinez, California J sa uilding Inspector I _ .11.1.1.. .1111. ......... ................111.1. _... _ .... ..................................................... ......... ........................... _.._..... .. ._................................11 CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo DATE: March 6, 2003 TO: Carlos Baltodano,Director Building Inspection Department Attn: Joe Losado,Building Inspector i FROM: Danielle Kelly,Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Completed Board Order to be mailed by Building Inspection Department ❑✓Appeal of Abatement ❑ Confirmation of Costs Enclosed is a copy of completed Board Order No.SDA from Match 4, 003 to be mailed by the Building Inspection Department to: All the necessary parties(see the Pert). Please send a completed copy of your affidavit of mailing to the Clerk of the Board's office for the minute file. AC:bg a:\costhring.mem _.. . ._.. _. ....._... ......... ......... ......... ......... ........_....._. ........ ......._. ............. ........ ....._..............._..... ......... ......._. ......... ......... A `rHE BOARD OF SUIPERVISORS OF C'ONT'RA COSTA COUNTY, ('ALIFORNIA Adopted this Order can December 17, 2002, by the following; vote: AVLS< Supervisors 1-Jilkema, Gerber, DeSaulnier, Glover& Gioia NOES: None ABSENT': None ABSTAIN; None SUB.)E(:'"I', I11-ARING on the appeal ofNdarc G. Hynes on behalf of Preston M. and Lois A. Avery (Owners) from the decision of the County Abatement Officer declaring; a public nuisance on property located lat '3010 Willow Road. Bethel Island. HAS BOARD ORDERED that the hearing is CONTINUED to March 4 2003 at t3:�0 a,m, its the Board Chambers, 651 fine Street, Room 107, Martinez, CA I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: December 17, 2002 John Sweeten, Clerk of the Board Of Supervisors and County Administrator Deputy Clerk _. __. . ......... ......... ......... ......... ......... ......... _........ ...............-_. _ ....... ......_.. ......... ......... ..............._...._................-_................. _........ ..._..... .......... TO: BOARD OF SUPERVISORS Contra FROM: CARLOS BALTODANO Costa DIRECTOR, BUILDING INSPECTION "°sr County DATE: December 17, 2002 SUBJECT: APPEAL OF ABATEMENT ACTION AT: 3010 Willow Rd., Bethel Island APN: 029-010.017 Owner: Preston M. and Lois A. Avery 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 after 30 days from the date of the mailing of the decision. FISCAL IMPACT $6,000, if the county does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS On August 20, 2001, a complaint was received regarding a mobile home being used for a residence and caretaker home with expired land use permit. On August 20, 2001, a site inspection was conducted and the inspection revealed the following' violations of the County ordinance: Title 8, Chapter 82-2.002 (Adoption of the zoning ordinance) Title 8, Chapter 82-2.008 (Land Use enforcement— Uses permitted for Zoning of an A-2 lot) Title 8, Chapter 84-68.1402 (Inhabited Trailer) On November 15, 2002,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. .4 CONTINUED ON ATTACHMENT: SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RE OMMENDATION t3F BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED __.OTHER ----....................I........................................................-.......... .................................................................... ............................................................... ���'�'^" � 5�f1�IS� ATKINSON FARASYN,LLP DEC 1 1 top ATTORNEYS AT LAW CLERK BOARD - LEONARD J.SIEGAL OF SUP pVISORS HAROLD S.TOPPEL 660 WEST DANA STREET CONTRA COSTAC-0. STEVEN G.BAIRD P.O.BOX 279 J.M.ATKINSON(1892-1982) MARC G.HYNES MOUNTAIN VIEW,CALIFORNIA 94042 L.M.FARASYN(1915-1979) TELEPHONE (650)967-6941 FACSIMILE (650)967-1395 December 10, 2002 Honorable Chair and Members of the Board of Supervisors, Contra Costa County c/o Clerk of the Board of Supervisors County of Contra Costa 6511 Pine Street, 1-slF.1--c-r- Martinez, C.A.94553 Reference: Appeal of Notice and Order to Abate (RF010599) Preston M. and Lois A. Avery APN 029-010-016, APN 029-010-017 To the Honorable Chair and Members of the Board of Supervisors: Appellants, Preston M. and Lois A. Avery, through their counsel request a continuance of the appeal hearing which has been set for Tuesday, December 17, 2002. The reasons for this request are that Appellant Preston M. Avery is presently undergoing radiation treatments. These treatments are being administered five days per week, Monday through Friday, and will continue for some time. Mr. Avery is experiencing a number of side effects following the treatments which prevent him from engaging in any activity requiring a prolonged absence from his home. In view of Mr. Avery's present condition and the requirements for treatment described above, an extension of time is requested for a period through and including March 1, 2003. It is anticipated that at that time Mr. Avery will be able to appear and -present his appeal. Please direct your response to this reque to the undersigned. 1�r,' Very t yours, MARC HYNES MGH:cwb j-1-j/ 17/ BOARD OF SUPERVISORS,CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) Preston and Lois Avery ) 3010 Willow Road West } Bethel Island, Ca 94511 } Re: Abatement 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 mail with ContraCosta County Central Service for mailing by the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the Board Order dated December 17, 2002 in the above matter to the following: Preston M.and Lois A.Avery us. Postal Service 10315 Moretti Drivecr- D k Ma Cupertino,CA 95014 IL RECEIPT cc ' M Mr.Mare C.Hynes n Atkinson Farasyn LLP -------- 660 -p ..-660 West Dana,Street ir a�5t e Mountain View,Ca 94042 ceM;r, r ee C3 3(sturr.Raceipt Pee ( Hero Marc G.Hynes ® tr7a fnent Ro red) E} Atkinson Faras LLP yns Mc' ed--eiivery Fee P.Q.Box 279 t3 (Endorsement Reputre ,' ' Mountain View,CA 94042 1 Taw Pwage&real $ ru Sect.o .�►C.S • - - crP0Box lvo I declare under penalty of perjury that the foregoing is truec,ey St ,Z ,P-4 t Street, Martinez, California. CUSe To ---- --- - Dated: February 21, 2003 in s S reef'Apt No., - t I ar P Bdx Vo L 1 J ow Danielle Kelly,Deputy Clerk i s� � ��, ,moi � Q+�, ru seri _ svee±Apt., Or PCJSCX No.__q,3_�. ':iie j,ar' �---- �- c tj s ZIP+a Yf) t ----- -------- s ear,Ant.No.; or PG Sex No. ' +� COMPLETE r SECTION Oak ■ co: ate items 1,2,and 3.Also complete A. Silonature Item 4 If Restricted Delivery is desired. t + � / 42 gent w Print your name and address on the reverse i il ,�' C I Addressee set that we can return the card to you. B. Received by(Printed Name) C. Data o Delivery • Attach this card to the back of the mailpiece, i ra-I/.e very or on the front If space permits. >% �< AV4^ '� f D. Is delivery address different from Item 17 ©yes 1. Artiste Addressed(i(ry���. 4 If YES,enter delivery address below: 0 No A**&* IV pV� t�y 3. S�e�`ice Type S t SJ: � l .2 7R Certified Mail ©Express Mail y 0 Registered (ii�Retum Receipt for Merchandise t ,f '�.� ©Insured Mail 0 0,0713. 4. Restricted Delivery?(Extra Fee) p Yes 2. Article Number (Tr, from service labeilC")G ,�j.» Jt F7":11_7 3811,August 2001 Domestic Return Receipt to2595-a2•rt-7oas SECTIONSEN COMPLETE THIS 0 CGA.r,tste items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse ''� C 4 t f i3 Addressee so that we can return the card to you, B. Received by(Printed Name) C. Dat@ of Deli ery ■ Attach this card to the back of the mailpiece, or on the front if space permits. ' 1. Article Addressed to: D. Is delivery address different Item 1 Yes ?V-1M.Sto U if YES,enter delivery address below: ©No .Wil LC�.V 4.)4 O� 10315. O V4�, I't �jt1�.✓ _tAf Q T3 '.�,� f!;,D 3. Service Type Qrf`' dified Mail ©Express Mail d Registered Iturn Receipt for Merchandise 13 Insured Mail CI C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Artie Number � � (Th from service labef) 7©+ r.+_ coof.[ + '� PS Form 3$11,August 2001 Domestic Return Receipt 702595-02-M-1036 r SENDER. COMPLETE THIS SECTION ■ Ci: ete items 1,2,and 3.Also complete 7S7,gtums,item 4 if Restricted Delivery is desired. , ^- � ll rAgent • Print your name and address on the reverse 1 ✓ C1 Addressee so that we can return the card to you. B Received by(Pnbtad Nma) C.Dgte of Delivery ■ Attach this card to the back of the maiipiece, T or on the front if space permits. '4' f D, is delivery address different from item 1? fl Yes 1. Article Addressed jto: If YES,enter delivery address below: No " fNSO.V • liaraws A) LLP /fir T%,.0 3. Service Type trot t.3J� iy� { Mail 0 Express Mail d� v4_11 AJ ©Registered €return Receipt for Merchandise �3 # 0 Insured Mail ©C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number / (tn •frt m service label) PS Farm 5811,August 2001 Domestic Return Receipt r0259s-o2 nt-toes o0. .CD' CD 0 r) 14a (� Vi +� D A%Im V w ,y; to O ;a jf CSD wI� W lax coC� m F. Cf c;s : cl z ru at :: L3 �►' f t W C3 C3Ewa (D ry r di P r4 rud C �' t"r y��y►►��rrVVyy���� ��w - � ? P f ��s Y� 2 x Iv r } CSS C=) rn REQUEST TO SPEAK FORML�' P # (THREE (3) MINUTE LIMIT) PLEASE PRINT LEGIBLY Complete this form and place it in the box near the speakers' rostrum before address` the,Board, Name Phane12 Address:.. _L Ci Zi Code:�"` 2 t I am speaking for myself or organization:' r4l�Cdr (name of organization) CHECK ONE: VI"wish to speak on Agenda.Item# Date: A� My Comments will be general for against I wish to speak on the subject of I do not wish to speak on the subject but leave these comments for the board to consider: REQUEST TO SPEAK FORM " (THREE (3) MINUTE LIMIT) PLEASE PRINT LEGIBLY Complete this form and place it in the box near the speakers' rostrum befg.re addressing the Board. Name: L' { Phoned^s, Address ! _f,�' City //' Gip Code: I am spearing for myself or organization: t'4 '�` L;7,11 4 V z'nV, (name of organization) CHECK UNE: /� . ;s` €' I wish to speak on Agenda Item# .bate: I My Comments will be general _for against I wish to speak on the subject of I do not wish to speak on the subject but leave these comments for the board to consider: t 6L REQUEST TO SPEAK FORM F (THREE (3) MINUTE LIMIT) a PLEASE PRINT LEGIBLY Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: if1Ave% Phone 901, --2,5-2`�, 704 Address: f e,A 'l J)Y City t4 fit'} 'c"�t� Zip Code: I am speaking for myself l or organization: i CHECK UNE: (Warne of organization).. 1 t fr V I wish to speak on Agenda Item# Date: n My Comments will be general for against I wish to speak on the subject of I do not wish to speak on the subject but leave these comments for the board to consider: 1 Board of Supervisors County of Contra Costa 651 Pine Street, 1"Floor Martinez,Ca 94553 Reference: Appeal of Notice and Order to Abate(RF010599) Preston M. and Lois A.Avery APN 029-010-016,APN 029410-017 To the Honorable Chair and Members of the Board of Supervisors: (I/we)the undersigned have owned property and resided onWillow Road''Nest since ZI -gP tF_1?7 . The modular unit currently installed at 3010'VWUlow/toad West has apparently never been occupied as a residence by the Averys or any other person or persons while(Uwe)have resided here. Mr.Avery and/or his son-in-law,David Coggin,are present on the property from time to time. When they are there it seems to be only for the purpose of maintaining the livestock, repairing fencing,weed abatement and grading of equipment access pads. (I/We) have: OFTEN( ) RARELY N NEVER( )seen anyone stay overnight and have no reason to think that anyone lives in the building in question. Signed: Address , '-.- Telephone ' !��_,' A' (optional) bated4�ate-=_..� Comments: - . ..,.�-t�a� �, .-�..t:.� �"�-r~x-~'�„r-} ,,•- �- . ,.r`3-t�' '! _... ... ......... .....__.. _ _ ....... ........ ........ ................._...._. ......... .............._. _ _.. ...... ......... ......... Board of Supervisors County of Contra Costa 651 Pine Street,V Floor Martinez,Ca 94553 Reference: Appeal of Notice and Order to Abate(RF0105") Preston M.and Lois A.Avery APN 029-010-016,APN 029-010-017_... - -- - To the Honorable Chair and Members of the Board of Supervisors. (Um ) he undersigned have owned property and resided onWillow.Road West since . The modular unit currently installed at 3010 Widow Road NVest4hasiapparently never been occupied as a residence by the Averys or any other person or persons while(Uwe)have resided here. Mr.Avery and/or his son-in-law,.David Coggin,are present on the property from time to time. When they are there it seems to be only for the purpose of maintaining the livestock,repairing fencing,weed abatement and grading of equipment access pads. (I/We)have: OFTEN( ) RARELY( ) NEVER( n anyone stay overnight and hav o reason to think that anyone lives in the building in question. Signed: C4d-A&, t.j rAj. Address, . 3 y' it Telephone ?s" (optional) Dated_j-�50 Comments: Board of Supervisors County of Contra Costa 651 Pine Street, I"'Floor Martinez,Ca 94553 Reference: Appeal of Notice and Order to Abate(RF010599) Preston M.and.Lois A.Avery APN 029-010-016,"N 029.410-017 To the Honorable Chair and Members of the Board of Supervisors. (I/we)the undersigned have owned property and resided onWillow Road West since 1!171, . The modular unit currently installed at 3010 Willow Road West has apparently never been occupied as a residence by the Averys or any other person or persons while(I/we)have resided here. Mr.Avery and/or his son-in-law,David Coggin, are present on the property from time to time. When they are there it seems to be only for the purpose of maintaining the livestock, repairing fencing,weed abatement and grading of equipment access pads. (I/We)have: OFTEN( ) RARELY 00 NEVER( )seen anyone stay overnight and have no reason to think that anyone lives in the building in question. Signed: _A/� Address- fu Telephone (8'' $� � ` (optional) Dated � 1 0,3 Comments. Board of Supervisors County of Centra Costa 651 Pine Street, 1"Floor Martinez,Ca 94553 References Appeal of Notice and Order to Abate(RF'010599) Freston M.and Lois A.Avery APN 029-010.016,AFN 029-010k 017 To the Honorable Chair and Members of the Board of Supervisors: (I/we)the undersigned have owned property and resided onWillow Road West since i84)0Q . The modular unit currently installed at 3010 Willow Road West has apparently never been occupied as a residence by the Averys or any other person or persons while(I/we)have resided here. Mr.Avery and/or his son-in-law,David Coggin,are present on the property from time to time. When they are there it seems to be only for the purpose of maintaining the livestock,repairing fencing,weed abatement and grading of equipmentaccess pads. (I/We)have: OFTEN{ ) RARELY K NEVER( )seen anyone stay overnight and have no reason to think that anyone lives in the building in question. Signed: Address 3.219"' Telephone F (optianal) Dated - - ,4 9-10 Comments: Board of Supervisors County of Contra Costa 651 Pine Street, I"Floor Martinez,Ca 94553 Reference: Appeal of Notice and Order to Abate(RF010599) Preston M.and Lois A. Avery APN 029-010-416,APN 029-0101 017 To the Honorable Chair and Members of the Board of Supervisors: (I/we)the undersigned have owned property and resided onWillow Rad West since The modular unit currently installed.at 3010 Willow Road West has apparently never been occupied as a residence by the Averys or any other person or persons while(Vwe)have resided here. Mr.Avery and/or his son-in-law,David Coggin,are present on the property from time to time. When they are there it seems to be only for the purpose of maintaining the livestock, repairing fencing,weed abatement and grading of equipment access pads. (I/We)have: OFTEN( ) RARELY(,, �NEVER( )seen anyone stay overnight and have no reason to think that anyone lives in the building in question. Signed: '? Address 0 3 - 'Telephoneoptional) Dated �°7 Comments: 1'i4,Vi r � TO. BOARD 01= SUPERVISORS Contra. Costa - .. FROM: CARLOS BALTODANO County y DIRECTOR, BUILDING INSPECTION `` r... n '� DATE: December 17, 2002 SUBJECT: APPEAL OF ABATEMENT ACTION AT: 3010 Willow Rd., Bethel Island APN: 029-010-017 Owner: Preston M. and Lois A. Aver 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 after 30 days from the date of the mailing of the decision. FISCAL IMPACT $6,000, if the county does the abatement. BACKGROUND/REASONS FOR RECOMMENDATIONS On August 20, 2001, a complaint was received regarding a mobile home being used for a residence and caretaker home with expired land use permit. On August 20, 2001, a site inspection was conducted and the inspection revealed the following violations of the County ordinance: Title 8, Chapter,82-2.OQ2..(Adoption of the zoning ordinance) Title 8, Chagter 82-2.006 (Land Use enforcement—Uses permitted for Zoning of an A-2 lot) Title 8, Chapter 84-68.1402 (inhabited Trailer) On November 15, 2002, 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: SIGNATURE N 's RECOMMENDATION{'3F COUNTY 75MINISTRATOR RE C3MMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTIQN OF BOARD ON March 4 2003 APPROVED AS RECOMMENDED XOTHER g CLtM the Public Haaring; DENIM trie appedi Dy Bard 1G. , Attorney on behalf of Preston M. and Lois A. Avery (09mrs), 3010 'Willow Road, Bethel Island; A1<F IR 4M the determinations of the County Abatement Officer; and DIRWM the County Abatement Officer to proceed and perform the work of abatement after '90 days if owners are not in compliance. VOTE OF SUPERVISORS „ X UNANIMOUS I HEREBY CERTIFY THAT THIS IS A TRUE (ABSENT) } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ASSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE DISTRICT III SEAT VACANT SHOWN. Contact: Pam Christian(925)335-1114 ATTESTED: March 4, 2003 cc:Clerk of the Board JohnSweeten,Clerk of the Board of Supervisors and County Administrator i BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) APPEAL OF Marc G. Hynes for ) 3010 Willow Road ) Bethel Island, CA 94511 ) From the decision of the County ) Abatement Officer ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United Mates, over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing in 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: Marc G. Hynes Atkinson Farasyn LLP P.O. Box 279 Mountain View, CA 94042 Mr. Marc G. Hynes Atkinson Farasyn LLP 660 West Dana Street Mountain View, CA 94042 Preston M. and Lois A. Avery 3010 Willow Road west Bethel Island, CA 94511 Preston M. and Lois A. Avery 10315 Moretti Drive Cupertino, CA 95014 I declare under penalty of perjury that the foregoing is true and correct., Martinez,CA. Date: December 5,2002 Gina Martin, Chief Clerk BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) APPEAL OF Marc G. Hynes for } 3010 Willow Road } Bethel Island,CA 94511 ) From the decision of the County } Abatement Officer ) 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 for mailing in 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: Marc G. Hynes Atkinson Farasyn LLP P.Q. Box 279 Mountain View, CA 94042 Mr. Marc G. Hynes Atkinson Farasyn LLP 660 West Dana Street Mountain View, CA 94042 Preston M. and Lois A. Avery 3010 Willow Road"West Bethel Island, CA 94511. Preston M. and Lois A. Avery 10315 Moretti Drive Cupertino, CA 95014 I declare under penalty of perjury that the foregoing is true and correct.,Martinez,CA. Date: December 5, 2002 Gina Martin, Chief 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 Ordinance Code Chapter 14-6 .4 Uniform Public Nuisances. 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 thereinafter set forth and in the form attached hereto. 2 . 1 posted the attached documents on the structure on the property as herein listed. x-3 . I have mailed a copy of the attached documents to the following persons C/O the County Clerk. 4 . Hand delivered. Preston &Lois Avery 10315 Moretti Dr. Cupertino, CA 95014 Preston&Lois Avery 3010 Willow Road West Bethel Island, CA 94511 SITE: 3010 Willow Road West, Bethel Island, CA APN. 029-010-017 Said notices were mailed/posted on December 4, 2002 .' I declare under penalty of perjury that the foregoing is true and correct . Dated: December 4, 2002 , at Martinez, California. PCD CLERK T Board �.ya��r� of� �t tai (��`� �' John Sweeten 1 Vi3r V U per Y r r� Contra 1 a Clerk of the Board and County Administration Building Costa County Administrator 651 Pine Street,Room 106 //�t {925}335-1500 Martinez,California 94553-1293 County John Giola,1st District Gayle B.Uifkema,2nd District Donna Gerber,3rd District f� Mark DeSaulnler,4th District Federal Glover,5th District December 4, 2002 rR c av-e'� Mr. Marc G. Hynes Atkinson Farasyn,LLP Attorneys at Lain 660 West Dana Street P.O.Box 279 Mountain View,CA 94042 Re: Appeal of Notice and Order to Abate(RF010599) Preston M. and Lois A. Avery Dear Mr.Hynes: In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance), you are hereby notified that Tuesday,December 17,2002, at 9:30 a.m. is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring a mobile home' existing at the referred property without a land use permit to be in violation of Section 82-2.002 (Adaption of the Zoning Ordinance), Section 82-2.006 (Improper Land Use) and Section 84-68.1402 (Inhabited Trailer) of the Contra Costa County Ordinance Code, and declaring said violation a public nuisance on property located at 3010 Willow Road,Bethel Island, APN#029-010-017,Preston M. and Lois A. Avery,owners. 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, John Sweeten,County Administrator and Clerk of the Board t.; Gina Martin Chief Clerk attachment cc: County Counsel Building Inspection File List CONTRA COSTA COUNTY Cleric of the Board Inter-Office Memo DATE: November 25, 2002 TO: Carlos Baltodano,Director Building Inspection Department Attn: Joe Losado, Building Inspector I FROM: Gina Martin, Chief Clerkk J p Clerk of the Board of Su ervIs" SUBJECT: Appeal Marc G. Hynes This office is in receipt of the attached Appeal and fee for$125.00 , from the decision of the County Abatement Officer declaring as a public nuisance; violation of Section 84-68.1402 (Inhabited Trailer) on the property located at 3€110 Willow Road,Bethel Island. The Board of Supervisors has scheduled this appeal hearing on December 17, 2002 at 9:30 a.m.., in the Board Chambers. Please notify this office in writing by December 2,2002,whether the Board of Supervisors should hear this appeal on the calendared date. If the appeal is timely and should be heard,please include the names, addresses and zip codes of all parties to be notified in addition to the Appellant. If the appeal is to be heard on December 17, 2002, as scheduled,please submit the appropriate material for Board consideration to this office not later than December 10, 2002. Thank you. attachment cc: County Counsel RECEIVED ATKINSON F'ARASYN.LLP ATTORNEYS AT LAW CLERIC BOARD OF SUPERVISORS LEONARD J.SIEGAL CONTRA COSTA CO. HAROLD S.TOPPEL 660 WEST DANA STREET STEVEN G.BAIRD P.O.BOX 279 J.M.ATKINSON(1892-1982) MARC G.HYNES MOUNTAIN VIEW,CALIFORNIA 94042 L.M.FARASYN(1915-1979) TELEPHONE (650)967-6941 FACSIMILE (650)967-1395 November 21, 2002 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, 1$t Floor Martinez, CA 94553 Reference: Appeal of Notice and Carder to Abate (RF010599) Preston M. and Lois A. Avery APN 029-010-016, APN 029-010-017 To the Honorable Chair and Members of the Board of Supervisors: This is an appeal of the referenced Notice and Carder to Abate. Pursuant to receipt of a "Notice to Comply" on behalf of the Averys, their architect, Constance Brady, talked to the permit application desk twice and the flood control administrator once. Ms. Brady also corresponded and had conversations with the building inspection department. Having done this, and thoroughly investigated this issue, it is our position that Section 84-68.1402 does not apply to the present situation. The use being made of the building in question complies with Article 84-38.402(2) uses permitted in an A-2 District. The Avery property is zoned A-2 and has been farmed since the mid-1970s. .The wilding in question has never been occupied as a "home"and has always been used as a,utility building to serve the farming operation. Ms. Brady has asked the Building Inspector to delay abating Mr. and Mrs. Avery's property until the County reconsidered it's initial position, but has received no answer. xverours, YNES MGH:cwb Enclosure: Appeal Fee (Check#009330) cc: Preston M. and Lois A. Avery Telephone: 4081252-37€16 1031.5 Moretti Drive Cupertino, CA 95014 wm � �n m c� o o �+ 33 i i © z 0 � �� z 0 o >CD0 sr-oz mw (] • © m roro Z b 3.9C3�( O N t'u � 47 (D s-3 Cft m W N tilfi m ub a {y ftiX n m z ru tu 0 0 � s Z �� r* P) x w, a 'o tri 1 Ln tf' 0r � > 1 rtt' z a N z r w 32T ' r- t'3 CJ W o CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo DATE: November 25, 2002 TO: Carlos Baltodano,Director Building Inspection Department Attn: Joe Losado,Building:Inspector I FROM: Gina Martin, Chief Clerk Clerk of the Board of Supervisors SUBJECT: Appeal Marc G. Hynes This office is in receipt of the attached Appeal and fee for$125.00 , from the decision of the County Abatement Officer declaring as a public nuisance; violation of Section 84-68.1402 (Inhabited Trailer) on the property located at 3010 Willow Road,Bethel Island. The Board of Supervisors has scheduled this appeal hearing on December 17,2002 at 9:30 a.m.., in the Board Chambers. Please notify this office in writing by,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 December 17, 2002, as scheduled,please submit the appropriate material for Board consideration to this office not later than December 10,2002. Thank you. attachment cc: County Counsel RECEIVED ATKINSON . FARAsYN,LLP ATTORNEYS At LAW CLERK BOAMOF ERVISORS LEONARD J.SIEGAL CONTRA COSTA CO. HAROLD S.TOPPEL 660 WEST DANA STREET STEVEN G.SAIRD P.O.BOX 279 J.M.ATKINSON(1892-1982) MARC G.HYNES MOUNTAIN VIEW,CALIFORNIA 94042 L.M.FARASYN(1915-1979) TELEPHONE 1650)967-6943 FACSIMILE (650)967-3395 November 21, 2002 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, 191 Floor Martinez, CA 94553 Reference: Appeal of Notice and Order to Abate (RF010599) Preston M. and Lois A. Avery APN 029-010-016, APN 029-010-017 To the Honorable Chair and Members of the Board of Supervisors: This is an appeal of the referenced Notice and Order to Abate. Pursuant to receipt of a"Notice to Comply" on behalf of the Averys, their architect, Constance Brady, talked to the permit application desk twice and the flood control administrator once. Ms. Brady also corresponded and had conversations with the building inspection department. Having done this, and thoroughly investigated this issue, it is our position that Section 84-68.1402 does not apply to the present situation. The use being made of the building in question complies with Article 84-38.402(2) uses permitted in an A-2 District. The Avery property is zoned A-2 and has been farmed since the mid-1970s. The building in question has never been occupied as a"home" and has always been used as a utility building to serve the farming operation. Ms. Brady has asked the Building Inspector to delay abating Mr. and Mrs. Avery's property until the County reconsidered it's initial position, but has received no answer. VerI trul ours,' MARC . HYNES MGH:cwb Enclosure: Appeal Fee (Check#009330) cc: Preston M. and Lois A. Avery Telephone: 4081252-3706 10315 Moretti Drive Cupertino, CA 95014 QWi ER' Preston M Avtry And Lois A Avery ll / 4 3 NOTICE AND ORDER TO ABATE RECEIVED C.C.C. ORDINANCE CODE 14-6.410 NOV 2 2 r010 COIN rrlk r£ A 0, NOTICE IS HEREBY GIVEN that a mobile home exist at the referred orooerty without a land use permit and is in violation of: (description of violation) Section CCC.Ord. 82-2.002 (Adoption of the Zoning ordinance) Section CCC.Ord. 82-2.006 (Improper Land Use) Section CCC.Ord.. 84-68.1402 (Inhabited Trailer) 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: 3QLJQ WIL1, w Rd . 8ath9 I an t APN#029-010-017 Owner. Preston M. and Leis A. Avery (Owner on last equalized assessment role or as otherwise Known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ten (1Q), gonlWAve, calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by: 1. Remove Mobile Home From The Property 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 cast 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: November 115„2002; " ossd 25}427-884 Building Inspector I untform.rev$131199 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 11011. .3, and Contra Costa County Ordinance 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 Brentwood, 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. Preston &Lois Avery 10315 Moretti Dr. Cupertino, CA 95014 Preston &Lois Avery 3410 Willow Road West Bethel Island, CA 94511 SITE. 3410 Willow Road West, Bethel Island, CA APN: 429010-417 Said notices were mailed/posted on November 15, 2002 .' I declare under penalty of perjury that the foregoing is true and correct. Dated: November 15, 20012 in Brentwood, California.' ui iAg I pector