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HomeMy WebLinkAboutMINUTES - 04012003 - SD2 TO: BOARD OF SUPERVISORS ' - � `'', Contra Costa FROM: CARLOS BALTODANCJ - County DIRECTOR, BUILDING INSPECTION A----- y DATE: Aprill, 2003 SUBJECT: APPEAL. OF ABATEMENT ACTION AT: 4225 Franklin Canyon Rd., Martinez, CA APN: 362-230-412/013 OWNER: Franklin and May S. Yee SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RE'COMMEN'DATIONS 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 $10,800.00 if the county does the abatement. BACKGROUND/REASONS FOR RECOMMENDATION'S On October 21,2003 a complaint was received regarding land-sea cargo containers and mobile homes on the property. On October 23, 2002 a site inspection was conducted and the inspection revealed there were numerous land sea cargo containers and mobile homes on the property. A Notice To Comply was issued November 7, 2002. The property was posted for abatement on December 13, 2002. After repeatedattempts to achieve compliance, the property was re-pasted for abatement on February 20, 2003. Subsequent Inspections revealed the mobile homes, trailers and land-sea cargo containers were still on the property in violation of the following County Ordinances: Title 8. Cha tD er 32-2.002 (Adoption of the Zoning Ordinance) Title 8. Chapter 82-2.006 (Land Use Enforcement) and Chapter 84-38.402 (Uses permitted in A-2 Zoning) The owner of the property has been notified of the violations through written Correspondence and certified mail. As of this date, compliance has not been gained. On February 20, 2003, the Building Inspection Department declared the property a public nuisance and posted a Notice Order to Abate under Title 1, Chapter 14-8. This appeal is being made under the provisions of this title. CONTINUED ON ATTACHMENT:, SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR REICOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES): ACTION OF BOARD ON A=i 1 1 2M3 APPROVED AS RECOMMENDED X OTHER X VOTE OF SUPERVISORS X UNANIMOUS 1 HEREBY CERTIFY THAT THIS IS A TRUE (ABSENT None ) } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: ABSENT: VACANT AND ENTERED ON THE MINUTES OF THE DISTRICT III SEAT VACANT BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Pare Christian(925)335-1114 ATTESTED: mil 1, 2003 cc: JohnSweeten,Clerk of the Board of Supervisors County Administrator BY. ' � r EPUTY ADDENDUM TO ITEM SD.2 April 1, 2003 On this date,the Berard of Supervisors considered the Abatement appeal by Frank Jay McGuire III, (Appellant)from the decision of the County Abatement Officer declaring as a public nuisance on the property located at 4225 Franklin Canyon Read,Martinez. Franklin and May S. Yee(Owners). Jeff Keebler,Building Inspection Department presented the staff report and recommendations. The chair opened the public hearing and no one requested to address the Board on this matter. The chair then closed the Public Hearing and Supervisor Uilkerna moved to approve the staff's recommendations as presented today. The board then took the following action: v CLOSED the Public Hearing a DEFIED the appeal by Frank Jay McGuire III(Appellant) from the decision of the County Abatement Officer declaring a public nuisance on property located on 4225 Franklin Canyon Road,Martinez. Franklin and May S. Yee(Owners); n AFFIRMED the determinations of the County Abatement Officer; © DIREC'T'ED the County Abatement Officer to proceed and perform the work of the abatement. __...... ......... ......... ......... ......... ............... _. . .... ....._. ..............__......... .......... ._........... .................._.._..... . ...._._.. ......... ......... ......... €F BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) Franklin t May S. Yee ) 4225 Franklin Canyon Rd. ) Martinez, CA ) Re: 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 April 15-203, in the above matter to the following: 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 Rd. Pinole, CA 94564 Frank Jay McGuire III (Tenant) P.O. Box 1492 Martinez, CA 94553 SITE: 4225 Franklin Canyon Rd. , Martinez APN: 362-230-012/013 I declare under penalty of perjury that the foregoing is true and correct. Dated: April 15, 2003, at Martinez, California PCD 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 2101 .3, and Contra Costa County Ordinance Code Chapter 14-6 . 4 Uniform Public Nuisances . 2 . 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 . I 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. Franklin & May S . Yee 5222 Heavenly Ridge Lane El Sobrante, CA 9480 David Wong & Rosie Wong Franklin Yee & May S. Yee Franklin Thomas Ong-Yee c/o Franklin Yee 2727 Pinole `Talley Rd. Pinole, CA 94564 SITE: 4225 Franklin Canyon Rd. , Martinez APN: 362-230-012/013 Said notices were mailed/posted on _March 18, 2003 I declare under penalty of perjury that the foregoing is true and correct. Dated: March 18, 2003 , Martinez, California. PCD CLERK n Property owners:Franklin and May S.Yee "Tenant:Frank McGuire III SITE:4225 Franklin Canyon Rd.. APN: 362-230-012/013 RF02-00937 Jill,here is the synopsis you requested. The initial complaint was received regarding mobile homes and cargo containers on the property on 10-21- 02 and the first site inspection was on 10-23-02. The case was opened 11-07-02 with a notice to comply letter addressing the cargo containers and mobile homes that were in violation of the land use permit for an organic recycling business. No contact was established with the property owner or tenant and the site was posted for abatement 12-13- 02. Contracts went out to bid 12-27-03. I was assigned Lonell Butler's cases 01-02-03. The tenant's daughter contacted me 01-09-03 relating to me that they wanted to comply with the land use permit. A site visit 01-10-03 revealed that the tenant was starting to clean-up the property. In a meeting with Frank McGuire III and Mike Silva on 01-14-03 deadlines were established to complete the clean up. I first gained entry to the property on 01-21-03 and discovered automobiles and electrical connected to the mobile homes. A site inspection 02-05-03 revealed some progress had been made including removing all the automobiles from the property,some of the cargo containers,the electrical had been disconnected from the mobile homes and some clean-up had been accomplished.However,the tenant had exceeded his compliance dates and was not responding to follow-up letters and phone calls. I started to complete the contract process for abatement of the property 02-05-03.It was discovered the original posting had an incorrect parcel number and the property was re-pasted 02-20-03. The abatement was appealed 02-27-03 by Frank McGuire the tenant on the property. e appeal hearing is scheduled for 04-01-03. 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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) r REQ ` E FEB 2 7 2003 ,/9E OPLE1 2-0 0�-77C- �".� P � „����� �on.r�-,�t 1^+ CA?S "LE P+; ,Y M ,-IRVISO"S4A,1 5 ✓ Y , t� �» i� tr' �-' �g� 7 / 0r- Aglt7—,(-'ryt AJ 14 A 9 L "To Cam P LC T-E- 7 -IF 07 / Al f' C'�i�'C�� COA17-/t IAl 4 /e 7?IC X12 t< S rr A 5 E L 0)r r 0,-r N C M R I O ---� 6t ORP ovie VVI 7-5 4,1 mak' 4 ...................................... .........................- A7 ��e2S T(-IF 0 7'0 or- ou (2, r) fyA Al e 4E 7- Soo " AZA , CA IS -0 286 ................. 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 JK: sp uni#orm.reval31199