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BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,
CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF )
Frank Jay McGuire III )
4225 Franklin Canyon Rd )
Martinez, Ca 94553 )
)
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 with Contra Costa County
Central Service for Certified mailing a copy of the hearing notice, and copy of the code section in
the above matter to the following:
-ank Jay McGuire III
us. Postal Service
Franklin Canyon Road
CERTIFIED MAIL RECEIPT
r` qe provided)
artinez, Ca 94553
Postal
CERTIFIEDService nklin&May S. Yee
• Heavenly Ridge Lane
ru
' Sobrante, Ca 94803
postal
CERTIFIED MAIL RECEIPT
ru Wong&Rosie Wong
rt„ _._ lin Yee&i May S. Yee
rn
.lin Thomas Ong-Yee
�/o Franklin Yee
Ir Pinole Valley Road
postmark Cerifiea Fetefnole, Ca 94564
ReWnq Rece•pt Fes Here
C3 (Endorsement F;qutrec) i
Restricted De w,xy Fee y
Isndose-,Ont ecurec; 'foregoing is true and Correct.,Martinez, CA.
r-i Total Poatags,&Eees I }
ru
C3 s'rs�er Franklin&May S. Yee r i
5222 Heavenly Ridge Lane ..---
ielle
��'Vs` El Sobrante, Ca 94803 anKelly, Deputy Clerk
. .. . .........................................................................................................................................................................................................................................
........ .........._................... .._........ ....._... .......... ......._.._..._......... ._.......... ........_.. ...._...._. ...._.... ..........
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,
CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF )
Frank Jay McGuire III )
4225 Franklin Canyon Rd )
Martinez, Ca 94553 )
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 with Contra Costa County
Central Service for mailing a copy of the hearing notice, and copy of the code section in the
above matter to the following:
Frank Jay McGuire III
4225 Franklin Canyon Road
Martinez, Ca 94553
Franklin&May S. Yee
5222 Heavenly Ridge Lane
El Sobrante, Ca 94803
David Wong&Rosie Wong
Franklin Yee&May S. Yee
Franklin Thomas Ong-Yee
C/o Franklin Yee
2727 Pinole Valley Road
Pinole, Ca 94564
I declare under penalty of perjury that the foregoing is true and correct., Martinez, CA.
Bate: March 20, 2003
n
r
Danielle Kelly,Deputy Clerk
The Board of Supers ;ors
Contra �d
and
County Administration Building Costa. County Administrator
659 Pine Stmt,room 106
Martinez,California 94553-1293 County (925)335-1900
John Gloia,t st District
Gayle S.Uifkema,2nd District
Domm Gerber,3rd District
Mark DeSautnter,4th District
Federal Mover,5th District ,arra
March 20,2003
Frank Jay McGuire IIT
4225 Franklin Canyon Road
Martinez,Ca 94553
RE:Property of Franklin and May S.Yee(Owners)
4225 Franklin Canyon Road,Martinez
Dear Mr.McGuire,
In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance),you are hereby
notified that April 1,2003 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 as public nuisance that storage containers and mobile
homes exist and in are violation of C.C.C.82-2.002(Adoption of the Zoning Ordinance),C.C.C. 82-2.006
(Land Use Enforcement),and C.C.C.84-38.402(Uses permitted in A-2 Zoning)on the property located at
4225 Franklin Canyon Road,Martinez.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
By ` �
Danielle Kelly,Deputy Clerk
attachment
cc: County Counsel
Building Inspection
File List
DATE: March 6, 2003
TO Carlos Baltodano,Director
Building Inspection Department
Attn: Jeff Keebler, Building Inspector I
FROM: Danielle.Kelly,Deputy Clerk 1.
Clerk of the Board of Superviso
"&'�
SUBJECT: Appeal by Frank Jay McGuire III
Property of Franklin and May S.Yee
4225 FranklinCanyon Road,Martinez APN#362-230-012/013
This office is in receipt of a letter to appeal(see attached copy) and a Request for Waiver
of the$125 filing fee for the above entitled matter, from the decision of the County
Abatement Officer declaring as a public nuisance that storage containers and mobile
homes exist at the property and are in violation of C.C.C. Ord. 82-2.002 (Adoption of the
Zoning Ordinance)and C.C.C. Ord. 82--.2.006(Land Use Enforcement) uses permitted for
zoning of an A-2 lot.
The Board of Supervisors has scheduled this appeal for hearing on April 1,2003 at 9:30
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 March 18,2003.
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 April 1,2003 hearing date, and will reset the hearing. If you have any
questions or concerns,please contact our office.
Thank you.
c.c.County Counsel
Building Inspection(Yam Christian)
E
REQUEST FOR WAIVER OF THE $125 FILING, ;]
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 Card. Code Sec. 14-6.416; Gov. Code Sec. 68511.3)-
Following
8511.3)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 Beard 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.
/,,(Signature of Appellant)
on :2-/27/03
(date)
(City, State)
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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 1.101 .3, and
Contra Costa County Ordinance Code Chapter 14-5 . 4 Uniform Public
i
Nuisances.
X 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 . 1 have mailed a copy of the attached documents to the
following persons C/O the County Clerk.
4 . Hand delivered.
Franklin & May S. Yee.
5222 Heavenly Ridge Lane
El Sohrante, CA 94803
David Wong and Rosie Wang
Franklin Yee and May S. Yee
Franklin Thomas ting-Yee
C/O Franklin Yee
2727 Pinole Valley Rd.
Pinole, CA 94564
SITE: 4225 Franklin Canyon Rd., Martinez
APN: 362--230-012/013
Said notices were mailed/posted on February 20, 2003
I declare under penalty of perjury that the foregoing is true and
correct .
Dated: February 20, 2003 at Martinez, California.
PC LE
RED
OWNER: Franklin and May S. Yee ' '`
I=EFS 2 0 2f3j 1
NOTI'C'E AND ORDER TO ABATE clxt} " � vi5t ;:
C.C.C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that storage containers and mobile homes exist at
the property and are in violation of:
Section CCC.Ord. 82.2.002 (Adoption of the Zoning Ordinance)
Section CCC.Ord.82.2.006 (Land Use Enforcement) uses permitted for
zoning of an A-2 lot.
Y
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: 4225 Franklin Canyon Rd-'
Martinez
AP N#: 362-230-012/013
Owner: Franklin and May S Yee
(owner on last equalized assessmentrote or as otherwise known)
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within y
seven {77) consecutive calendar days from the issuance of this order. The
issuance date is specified below. You may abate the nuisance by:
1. Remove all cargo containers and mobile homes 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, 18r 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 20. 2003
Je Keebler (925) 335-1128
Building Inspector I
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