HomeMy WebLinkAboutMINUTES - 06102003 - SD2 BUILDING INSPECTION DEPARTMENT
CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF: )
David A. Stack )
15075 Byron Hwy. )
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 July 3 , 2003 in the above matter to
the following:_
David Stack
P.O. Box ,1
Byron, CA 94514
Frederick H. Ripp `& Eva M. Ripp
2700 Bonita Ave.
Antioch, CA 94509
State Collections, Inc.
3406 Mt. Diablo Blvd. #D
Lafayette, CA 94549
SITE: 15075 Byron Hwy. , Byron, CA
APN: 002-140-007
I declare under penalty of 'perjury that the foregoing is true
and correct .
Dated: Oulu 3, 200-3 , at Martinez, California
PCD CLERK
TO: BOARD C" SUPERVISORS Contra
Costa
FROM: CARLOS BALTDDANO
DIRECTOR, BUILDING INSPECTION County
DATE: June 10, 2003
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
15075 Byron Hwy, Byron, CA
APN:; 002-140-007
OWNER: David A. Stack
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
$14,000.00 if the county does the abatement.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On November 15, 1997, a complaint was received regarding junkyard conditions, storage
of equipment and vehicles on the premises. On January 22, 1998, a site inspection was
conducted and the inspection revealed a large amount of junk, debris and scrap building
materials on the property, as well as vehicles and commercial equipment. The property
was posted for abatement on December 13, 2000, and Mr. Stack agreed to comply by
cleaning his property. Mr. Stack received support from the Byron Municipal Advisory
Committee to extend the period for compliance. Mr. Stack was given the opportunity to
utilize the "community clean up" and dispose of debris without charge. No progress was
made. Mr. Stack has refused to let county personnel onto his property, further
complicating the county's efforts to gain compliance. On January 28, 2003, an expanded
Notice to Comply was sent to Mr.Stack regarding junkyard conditions, an occupied trailer,
and substandard house. The property was reposted on April 4, 2003, for the same
violations.As of May 2, 2003, all violations still existed. The property owner is in violation of:
the following County ordinances:
Title 8, Chapter 82-2.006 (Land use violation enforcement)'
Tide 8, Chapter 88-4.208 (Junkyard conditions)
Title 8. Chapter 84-618.1402 (Occupied mobile home)
Title 7. Chapter 712-2.004 (Adoption UHC 1001.1, substandard dwelling)
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 April 4, 2003, 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 E
RECOMMENDATION OF COUNTY ADMINISTRATOR ' RECOMMENDATION OF BOARD COMMITTEE'
APPROVE OTHER
SIGNATURES)
ACTION OF BOARD ON June lu, ZWJ APPROVED AS RECOMMENDED OTHER
See attached addendum for Board action. '
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS-(ABSENT None AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
**Dirt of III t VACANT** SHOWN.
Contact Pam Christian(925)335-1114 ATTESTED: June -10. 2003
cc: JohnSweeten,Clerk of the Board of Supervisors
,,=,cCounty Administrator
B PUTT
ADDENDUM TO ITEM SD.2'
June 10, 2003
The Board of Supervisors considered the appeal by David A Stack fromthedecision of the
County Abatement Officer declaring as a<public nuisance that junkyard conditions exist on the
property 15076 ByronHwy,'Byron.
Michael Angelo Silva,Building Inspection Department presented the staff report and
recommendations.Also present was Lou'R.einthaler,Building Inspector I.
The Chair opened the public hearing and the following person presented testimony:
D.A. Stack,P.O. Box 1,Byron
The Chair then closed the public hearing. Supervisor Glover moved to approve the staff's
recommendations and directed the Building Inspection Department'work with Mr. Stack to bring
his property into compliance'within 60 days or proceed with abatement. Supervisor Gioia
second the motion and as part of the motion directed the Veterans Service Office to also work
with Mr. Stack.
The Board took the following action:
• CLOSED the public hearing;
• DENIED the appeal by David A. Stack(Owner) from the decision of the County'
Abatement Officer declaring a public nuisance on property located 15075 Byron
Hwy,Byron;
• AFFIRMED the determinations of the County Abatement Officer;
• DIRECTED the Veterans Service Office and Building Inspection Department to
work with the owner to bring the property into compliance;
• DIRECTED the County Abatement Officer to proceed and perform the work
of the abatement within 60 days`if the owner does not comply
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,
CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF )
Abatement Appeal )
David Stack )
15075 Byron Hwy )
Byron, Ca 94514 )
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 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:
Mr.David Stack
15075 Byron Hwy
U-& Postal Service
I CE
G7 x �....
Byron,Ca 94514
Mjij Y No Insu
GTITCO coy
vragc
' rick H.Ripp&Eva M.Ripp
2700 Bonita Avenue
Antioch,Ca 94509
�' Postage i$�
cert;fed F State Collections,Inc.
'� 106 Mt.Diablo Blvd.,#D
R m Reipt Fee Postmark
{Endors n#R-cered) Here Lafayette,Ca 94549
C3 Restrfcted Devery
Fee Instr#93-226707
(Endorsement Required)
a TO'` David Stack
Sent, P.O.Box 1
w Mr. David Stack Byron,Ca 94514
�°tP 15075 Byron Hwy
Byron, Ca 94514
Ix the foregoing is true and correct.,Martinez, CA.
Date: May 27, 2003
Danielle Kelly,Deputy Clerk
The Beard of Buerviibrs Contra cekoft Sweeten
Costa and
County Administration Building County Adrnirsistratrx
651 Pine Street,Room 106 (825)'335-1900
Martinez,California 94553-1293 Count
Joan Gioia,list District
Gayle B.Ufiketna 2nd District
�'f r
r,3rd District _ VACM
Mark DeSautnter,4th District
Federal:Glover,5th District
May 23,2003
Mr.David A. Stack
P.O.Box 1
Byron,Ca 94514
RE 15075 Byron Hwy,Byron,CA
Dear Mr.Stack,
In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance),you are hereby
notified that June 10,2003 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 junkyard conditions,a
substandard dwelling and illegally occupied mobile home exist at the residence and is violation of C.C.C.Ord.
884.208,Junkyard Conditions; 82-2.006 Enforcement,C.C.C.Ord., 84-68.1402 Occupied Mobile Home,and
C.C.C.Orsi.712-2.004 Adoption,UHC 1001.1 Substandard Residential Dwelling on the property located at
15075 Byron Hwy,Byron.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 14-61.410.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
anielle Kelly,Deputy Clerk
attachment
cc: County Counsel
:Building Inspection
File List
DATE: April 24,2003
TO: Carlos Baltodano,Director
Building Inspection Department
Attn: Lou'Reinthaler,Building Inspector I
FROM: Danielle Kelly,Deputy Clerk
Clerk of the Board of Supervisors "
SUBJECT Appeal by David Mack
15075 Byron Hwy.,Byron,APN#002-140-007
This office is in receipt of a letter to appeal(see attached'copy)"'and a check for$125.00
filing fee for the above entitledmatter, from the decision of the County Abatement
Officer declaring that junkyard conditions,a substandard'dwelling and illegally occupied
mobile home exist and are in violation of Sections C.C.C. Ord.88-4.208,Junkyard
Conditions,C.C.C. 82-2.006 Enforcement, C.C.C.'Ord. 84-68.1402, Occupied Mobile
Home,C.C.C. 712-23.004, Adoption,,UHC'1001.1, Substandard Residential Dwelling.
The Board of Supervisors has scheduled this appeal for hearing on dune 10,2003 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 May 23,2003.
♦ 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 dune 10,2003,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
NOTICE AND ORDER TO ABATE
C.C.C. ORDINANCE CODE 14-6.410'
NOTICE IS HEREBY GIVEN that '''iunkyard conditions, a substandard dwelling and:
illegally occupied mobile home exist at the residence and is in violation of:
Section C.C.C. Ord: 88-4.208 Junkyard'+Conditions, 82-2.006 Enforcement
Section: C.C.C. Ord: 84-68.1402 Occupied mobile home
Section C.C.C. Ord: 712-2.004 Adoption, UHC 1001.1 Substandard residential
dwelling
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 locatedat: 151175 Byron Hwy. Byron.
APN#002-140-007
Owner: Clavid St d
(owner on lest equalized assessment rote or as otherwise known)`
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within twelve
(12) consecutive calendar days from the issuance of this order.' The issuance date is
specified below. You may abate the nuisance by:
1 Remove all junk, debris and stored materials from property.
2. Vacate mobile home, disconnect all utilities and either remove from property
or store according to ordinance,
3.' Make all necessary repairs and alterations to house=under permit or demolish"
house and remove debris under permit.
If you fail to abate the public nuisance within the number of days specified, the county
may order this abatement by public employees, primate 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--HUNQRED TWENTY FIVE dollars 125.011 ; and be submitted to the Clerk of
the Board of at the fallowing address.
CLERK OF THE BOARD OF SUPERVISOR% COUNTY OF CONTRA COSTA
651 PIKE STREET, 1S
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 Beard 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.
1SSU C SATE:; AprII 4. 2003
Lou Retnthaler
BUILCIING INSPECTOR'I
LFR:ce
unitorm.ravw3il99-
AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAIR DELIVERY
STAVE OF CALIFORNIA }
COUNTY OF CONTRA COSTA
I declare that I am' a duly appointed, and qualified employee
of the Building ;inspection Department of the County of Contra Costa,
State of California, that pursuant to Uniform Building Code Section 203
and Uniform 'Housing Code '1990' Edition,, Sections 1101, 1102 and Chapter
1, Subchapter 1, Title 25 of 'the 'California Administrative Code:
- . I . I deposited attached document (s) in the United States Post
Office in the City of Brentwood, certified mail postage
prepaid, return receipt requested, to be persons
hereinafter set forth and inthe form attached hereto.
X 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/a the County Clerk.
4 . Hand delivered
David Stack
P.O. Box 1
Byron, CA 94514'
Frederick H. Ripp & Eva M. Ripp
2700' Bonita Ave.
Antioch, CA 94509
Instr#19302, "Book 7773 , Page 277
State Collections, Inc .
3406 Mt.` Diablo Blvd.' #D,
Lafayette, CA 94549
Instr#93'-226707
SITE 15075 Byron Hwy,` Byron, CA
APN: 002-140-007`
Said notices were mailed/posted on April :,4 . ` ,2003 ,
I declare under penalty of perjury that the foregoing is true and
correct
Dated:--.Ap.ril 4, 2003 at Brentwood, California.
LOU REINTHALER
BUILDING INSPECTOR
t
APR 15 2003
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COMM'. #1385652
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The Board of Supervisors ContraC�"Sweeten
Costa and
County Administration Built�tng Cauniy Adrnirtistrafor
651 fine Street,Boom 106' (925)335-1W
Martinez,California 94553-1293 County
ty
Mahn Glota,Ist District
Gay*B.lifiketna,2nd District �� o
W19 r,-3rtl District - VA= ,
Mark DeSaulnlar,4th District
Federal Mover,5th District K '
JUN n
?003..
May 23,2003
; ISQR$
Mr.David A.Stack 0
P.O Box 1
Byron,Ca 94514
RE: 15075 Byron Hwy,'Byron,CA
Dear Mr.Stack,
In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance),you are hereby
notified that June 10,2003 at 9.30 a.m.,is the date and time set for the bearing of your appeal,from the
decision of the County.Abatement Officer,declaring as public nuisance that junkyard conditions,a
substandard dwelling,and illegally occupied mobile home exist at the residence and is violation of C.C.C.Ord.
88-44.208,Junkyard Conditions, 82-2.006 Enforcement C.C.C.Ord.,84-68.1402 Occupied Mobile Home,and
C.C.C.Ord. 712-2.004 Adoption,UHC 1001..1 Substandard Residential Dwelling on the property located at
15075 Byron Hwy,Byron.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 Bearing.
Very truly yours,
John Sweeten,County Administrator
and Clerk of the Board
By
anielle Kelly,Deputy Clerk
attachment
cc:County Counsel
Building motion
File List
`-- PPEALS14-2.203-14-4.008
142.203 Arrests authorized. Pursuant' to administrative action taken by any officer of
Frenal Code Section' 836.5, all county officers this county under this code may appeal from the
and employees who have a duty to enforce any action to the board-of supervisors,as Provided in
statute or ordinance are authorized to arrest` this chapter. (Ord. 7046:j 1 (part), 19'30: prior
persons for violations thereof as provided by code § 1207(part)).
law.(Ord. 76-51 j 3)• 14-4.04 Notice filed by appellant The
Article 14-2.4 Notices; appellant &hall, within thirty* days of the action
appealed from, frit with the clerk of the board a
14-2.402 General. Unless otherwise verified written notice of appeal concisely
specially provided herein, notices and service stating the facts of the caste and the grounds for
thereof pursuant to this code sly be as his appeal including his special interest and
provided in Sections 14-2.402 through 14.2.408, injury: (Ord. 70.36 § I (part), 1970:prior code
{Ord. 70.36 1 (part), 1970. prior code j 1205 1207(hart)).
(pan))
14-4.0006 Setting of hearing — Notre. 7be
14-2..404 Written. Notices shall be written. clerk of the board shall then promptly set the,
(Ord. 70.36 I (part). 1970: prior code 1205 matter for hearing at In early regular board
(per))` meeting, and shalt;give the appellant at least five
142.406 Service.* Written notices shall be days'`written -notice thereof. '(Ord. 7036 � 1
served either-, (part), 1970: prior c ode § 1207 (part)).
(1) �'ersonlly;or
(2) Fdeposit in the United States nag Mi a'' 14-4.008 Derision final. The beard's
decision, after appellant
sealed envelope, first class, postage' prepaid, lots had an opportunity
addressed to the perm to be notified at his last to be heard, &hall be final and conclusive. (Ord.
known business or residence address appearing 70.36' § 1 ''(part), 1970: prior code 1 1207
in the public records or in tither records of the ('art)).
matter for which notice is given, and mailed
notice shall be deemed served Mien duly raziled. Chapter 14-6'
(Ord. 7036 1 (W), 1:970: prior code 1205
(Part})_ CML.`ENFORCEWI:NT#
14.2:408 Proof of service. Proof of the
atrvic* of any notice maybe made by the Article 14-6.2 Geral
fi r
cert tate of any o car employee of this Sections:
county or by the afridavit of any person at hast 14-6.202 General.
eighteen years old, showing service coliform els 14-6.204 Nuisances.
to this cede other applicable law. (t)td.'fiwi-315 Article 1.4.6 4 Uniform Public Nuisances
I (part), 1970: prior code 1206) Abatement Proced
Sections:
Chapter 14-4 14.6.402 Uniform procedure,
14.6.404 Definition.
APPEAU 14-6.406 Summary abatement.
1"-408 Scope.
Sections: I4-6.40 lrtuisance declared.
14-002 General. 14.6.412� Service of notice and order
14-4.004 Notice fled by appeli t "to abate.
1".00,61 Setter of hearing—Notice. 146.414 Appeal procedure.
144.009' D=W6 fiML 146.416 Appeal fee--Determination of
unount/waiver of Payment/
14.4.002 General. Unless otherwise refund.'
SPWWIY provided, any persona aggrieved by an
*FC* the jututory VVW tt TePr&V mtim by cwWw d ww" *Far Ot statutory ptovidow nVrdjV the emIvy's sobmtitY so
st brb**qua to mmai of oo*e by nonared=H.we G*Y. gets a pub s ubme„ tis Cir. C 13494;far the"Ord es
C.13"62. widna a public s+ui snm,sae Civ.C 13491.
(contra Casts couns3t
AUG IS 1990
1".202--14-6.410 GENERAL PROVISIONS
14-5.418 Hearing procedure. 145.4.04 Definition. The term "county
I4-6.420 Decision. abatement officer,' means the county officer
146.422 Time for compliance. responsible far enforcingthe county,;ordinance
I4-6.424 Limitation`of action. code provision beingviolated,.which violation
14-6.426 Noncompliance. has been declared to be a public nuisance. (Ord.
14-6.428 Report and notice of hearing, 88-88 § 2).
I4-5.430' Bearing on report.
14.6.432 Cost as special assessment and 146.406 Summary abatement. Nothing in
lien, this article prohibits the summary abatement of
14-6.434 Notice of assessment and a nuisance upon order of-.the' board or upon
abatement Tien. order of any other county officer authorized by
14-6.436 Manner of collection-.Law law to summarily abate nuisances, if the board
applicable, or officer determines that the nuisance con.
14-6.438 Release and subordination. stitutes ars immediate threat to public health
14-6,440 Violations. and safety.
Article 146.6 Treble'Abatement Cost for In the event a public' nuisance is summarily
Repeat Public Nuisances abated, the county abatement officer shall
Sections: nevertheless keep an account of the cost of
14-6.602 Treble abatement cost forabatement and bol the property owner therefor.
repeat public nuisance. If the bill is not paid within fifteen;days from
14-5.604' Exception. the date of mailing, the county abatement
officer may proceed to obtain a special assess-
Article 14-6.2 General ment and lien against the owner's property in
accordance with the procedures set forth in
14#6.202 General. In addition to the this article, except that,in addition to a review
Penalties provided by this code,this code may of the costs of abatement, the board. shall also
be enforced by civil action, directly against hear and determine any issues relative to the<
the act, omission or condition, or for damages necessity for the abatement or the manner in
therefor, for collection of penalties, fines, which'the property was declared to be a public
deposits, forfeitures, etc., or by other civil nuisance and summarily abated. (Ord. 89-88
proceedings. (Orris. 88-58 § 2, 70.36 § 1: prior § 2).
code § 1203).
1".408 Scope.Whenever a public nuisance'
14 .204 Nuisances. Any condition existing is declared, it may be abated in accordance with
in violation of this code is a public nuisance,and the procedures provided in this article. The
may be abated in a civil action, summarily or procmdures set forth in this article are not ex-
otherwise
xotherwise by the county.: (Ords. 88.88 elusive but are cumulative to all other civil and
70-35 § l: prior code 11203). criminal remedies proviided by law. The seeking
of other remedies shall not preclude the smut-
Article 14.6.4 taneous commencement of proceedings pursuant
Uniform Public Nuisances -8812).ito this article.(Ord.88
Abatement Procedure
14-6.410 Nuisance declared.. A county
14-6.402 Uniform procedure. This article abatement officer may declare public nuisance
shall be known and may be cited as the for any reason specified Iry this code. Once a
"Uniform Public Nuisance Abatement Pro- public nuisance is declared, the county abate-
cmdure." It is enacted pursuant to Government ment officer shall issue a notice and order to
Cade Section 25845 and is intended to be ars abate'substantially in the'follo iriiTti si:
alternative procedure for the abatement of any
violation of this code which violation is declared
to be a public nuisance.(Ord. 88-88 § 2).
l
(COM*Coca coy my 6.40) 6
APPEALS 14-6.412-14-6.4 14
"NOTICE AND ORDER TO ABATE waiver of the appeal fee. Upon timely receipt
of the appeal and accompanying fee, or waiver,
NOTICE IS HEREBY GIVEN that (specify the Clerk of the Board will cause the matter to
the conditionconstituting the nuisance) be set for hearing before the Board of Super.
visors and notify you of the;date and location
is in violation of Section of tate ontra of the hearing.
Costa County Ordinancetotle7I'he violation
has been declared a public wauisanee by the If you have any questions regarding this
(county abatement officer_) and must be matter, you may direct them to the county
abated immediately. The public nuisance is on officer issuing this notice at the address or
property located at (insert address or other telephone number listed below.
lies-al property dme tion,):
ISSUANCE DATE:
YOU ARE;-HEREBY ORDERED TO ABATE
SAID PUBLIC NUISANCE within (insert '10 Mame, title, ad cess and telephone number
(days) or other teasonable period) .. of the county abatement officer issuing thus
consecutive calendar days from the issuance notice.)"
of this order. The issuance date is 'specified
below. You may abate the nuisance by insert (Ord.88-88 12).
desired' action which, if taken will adequately
remedy the situation) If you fail' to 14-6.412 Service of notice and order to
abate the public nuisance within the number'of abate. The notice and order to abate shall be
days specified, the county may order its abate served in the following manner:
`Hent by public employees, private contractor, (I) By certified mail, addressed to the
or other means. The cast of said abatement, if owner at the address shown on the last equalized
not paid, may be levied7 and assessed against the assessment roll or as otherwise known, and
property as a special assessment lien and may; addressed to -anyone known to the county
be collected at the same time land in the same abatement officer to be in possession of the
manner I as ordinary' county taxes are collected,; property at the 'street address of the property
subject' to the sine penalties, ,procedures and being abated. Service shall be deemed to have
sale in case of delinquency. been completed upon the deposit of.aid aot e-
and order, postage pre-paid, in the United
YOU MAY APPEAL FROM'THIS ORDER States mail;and
OF ABATEMENT, but any such appeal must (2) By posting, within one day of the date
be brought prior to the expiration of the num- of ming, such :notice and oarder to abate con-
bet of days specified above for completi
14-6.4.16-146:418 GENERAL PROVISIONS
contain the name, addressand telephone num- if the appeal fee is paid and the board finds
ber of the appellant, be accompanied by the there,.is no public nuisance, the appeal fee"shall
payment of an appeal fee and be filed with the be refunded to the appellant without the pay-
clerk of the board. Upon the filing of a timely ment'of any interest which could have accrued.
and complete appeal' and payment of the appeal Ord:88.88 12).
fee or submission of an application for a fee
waiver pursuant to Section 14-6.416, further 14-6.418 Hearing procedure. The hearing
abatement action shall be stayed until the appeal before the board shall be conducted in ac-
is acted upon. The clerk of the board shall set cordance with the following procedures:
the matter for hearing before the board and (1) The appellant shall have these sights: to
notify the parties in writing of the date and be represented by legal counsel; to call and
location of the hearing, at least ten days prior examine witnesses; to introduce exhibits;and to
to said date. (Ord.88-88 2). cross-examine opposing' witnesses through the
chair on any matter relevant to the issues. if
14-6.416 Appeal fee—Determination of the appellant does not testify on his or her own
arnount/waiver of payment/refund. The amount behalf, he or she may be called and examined
of the appeal fee shall be determined' period- as if tinder cross-examination.
ically by the board` based upon the costs inn- (2)' The .hearing` need not be conducted 'ac-
curred by the county in processing appeals pur- cording to technical rules relating to evidence
suant to this article. The calculation shall and witnesses. Any relevant evidence shall be
include all costs of the county abatement admitted if it is the sort of evidence on which
officer, the clerk of the board, and any other responsible persons are'accustomed' to rely in
county department which is involved in the the conduct of serious affairs,regardless of the
processing of appeals, but shall exclude actual existence of any common law or statutory rule
costs for any work of abatement. :which might make improper ;,the admission of
If the appellant claims an economic hardship such evidence over objection in civil actions.
in paying the appeal fee, he or she may submit Hearsay evidence may be used for the purpose
an' application for waiver of the appeal fee on of supplementing or explaining any.direct evi-
forms provided by the clerk of the board for dence' but shall not be sufficient in itself to
that purpose. 'The forms shall be substantially support a finding unless it would be admissible
similar to those required of litigants initiating over objection in civil' actions. The rulesrof�^-'--'
court proceedings in forma`pauperis pursuant to privilege shall be effective to the same extent
Section '68511.3 of the Government Code. The that they are now or hereafter may be
forms shall be executed under penalty of perjury recognized in civil actions, and irrelevant' and
and contain a declaration as to the truthful- unduly repetitious'evidence may be excluded. °
ness and correctness of the information con- (3);;.The hearing shalt be conducted in the
to red therein.Upon submittal of the completed English language. The proponent of any testi-
forms,the appeal fee shall be waived. atony to be offered by a witness who does not
Upon filing` a tamely and complete appeal proficiently speak the :°°.English language shall'
and for good 'cause shown, the clerk of the provide an interpreter,approved by the board as
board may grant the appellant a period of time proficient In the English language and the
beyond expiration of the appeal period in which Lngume in 'which the witness will testify, to
to complete and submit the waiver forms. In serve as interpreter during the hearing.'The
no event shall the additional time exceed three cost of the interpreter shall be paid by the
work days. party providing the int ggreter. 'The board.may
Failure to submit the waiver forms or pay the compile and publish a list of interpreters known
appeal fee in a timely manner shall cause the to be proficient in various langpages.
appeal request to be automatically denied. Est (4) A party may have the hearing steno-
forcement of the order to abate may then graphically reported at said party's expense.
proceed as if no appeal' request had been
Oral evidence may be' taken under oath if
submitted. requested by a party.
t
(Cutins Cxsu COMM 5.89) 6b -
CrVIL ENFORCEMENT ENT I4-6.420-._14-6.430
{5)Ibe hearing may be continued from time to '"PVhen the county has completed the; work of
time upon request of` & party to the bearing and abatement,or bas paid for such work,,the wwgj cost
upon a showing of lood cause therefor.(Orad.89-89 thetwt,together with any adrtnin str-ative cost,shall
$ 2). be charged to the owner'of the Property. To this
amountz shah be added the appeal fee if it bead been
1it-6.420 Dedst+n At the conclusion of the bear. waiver pursuant to mob 14-6.416 and reasonable
irig, the,board sball reverse, modify or afr rrn the attorneys' fees if the county has elected to seek
deterrrainations of the county abatement officer and recovery of Its attorneys fees at the initiation of the
may direct the runty abatement officer to proceed pros dings.The combined amounts shall be includ
and perform the work of a baut ens if snot performed ed fn a bill and sent by mail to the owner, if not
by the owner;or the person in possession of the paid prior thereto. T'he br'3t sb312 inform the owner
property within a prescribed period of time. "'Ile that,fail= to pay the bill within fifteen calendar
decision shall be in writing,contain necessary f days from the date of ranaging MAY result in a► lien'
Ings,and be ftlrif with the clerk of the bc�follow- upon the property. (ms• 97-19 $ 2, 88-88 12;
ing the copclttsion of the.wring.! A opy of the Gov.� 125845a c)),
decision shall sent to each panrty aaappearing at the w
hearing, and if no appearance owas made by the 144428 Report and notice of bearing. if the
appellant, to hien or her by mail,! at the address bill is not paid within fifteen days from the date of
sed in the appeal. The decision of the board mailing, the county abatement officer shall render''
shall be final when filed with the clerk of the boar& an itemized:report in writing to the clerk of the
The county sbateanent officer e re
shall bs*mible board' for submittal to the,board for beating andfor preparing.mailing and fining the decision.(Ord. confirmation. "The report';shall include, at a mini
88=88 ft 2). mum, the names and adtimsses of the possessor of
the property and all persons having any record inter-
14-6.4.22 'Ia:for compliance.If the board de. est in the property (including but not limited to,;
tides that the order to abate should be enforced,the holders of mortgages es or Herds of trust), the date
owner or person in possession of the property,shaft upon which the abatement of the nuisance was
corcpty'with the osier zwithin;such of time as ordered. the dams the abatement was complete, a
may be;presm`br�l, and in the absence ofi any pre- description of the real propaerty subject to tha:'Belk
scribed time, withinthirty days from the date of and the amount of the abatement cost. At lit ten
.80Cthe final decision.The prrescr,`bed period days prior to said hewing, the clerk of�* to ._.
of time shall commence, on dee rinse of mailing of IUD give ariotice,by certified mach,of xaiif beaming
60 Anal decision. (0 v� L 9" j 2) to an persons named in the cownty Abatement,
officer's report.Said notice shall be prepared by the
146.424 thnitattlonaa of tion.Any court action county abatement 'off le" and shall des c' - the
or proceeding to attack, review, set aside, void or property by!assessor's pa=4 number and street
annul the board's decision pursuant to Section 14 number or some other description sufficient to en-
6.420 shall be commenced within thirty`calendar able identification of the property and Main a
days of mailing of the decision.7bemafber all per- statement of tbt amount of the proposed assessment
sons are:barred fromccrtmmncing aany such action (Ord. W88 8 2)
or proceeding:and from asserting any defense of
invalidity or unreasonableneu of such decision. 14-!'i.430Beni ng on rcporE At the time fixed
pProceedd ang, act or determination. (Ord. 88-88 12). for receiving and considering the report,the board
Shall bear it and any objections of any of the ttw ers
146.426 Noncompliance. Upon the failure,ane• liable to be ustswd filar the work of abatement or
groes or refusal to property comply with the order any other persons who may have ar legal Interest in
to abate within the prescribed tip:period,the con- the property. 'Tine board may add to the proposed
ty aba4ttment officer may cause to be donne whatever assessment an amount eqat to the cost of conduct-
work
on ctwork is necessary to abate the public nrnisarim. An ing the assessment conation bearing.I'm board`
account of the cost of abatement shall be kept for may also make such other modificattion$ in the
each separate assessor's parcel involved in the report as it deems necessary.after which,the board
abattentent. _ may order the report confirmed. The order and
EV E modified report shall be filed with the clerk of the
NW 2 51997
Ctkr.:8 tr! St3P RVa54R' '
14-6.432--14-6.440 GENLRA4, � OVISIONS
board, and as filed shall be final and conclusive. 14-6.436 Manner of collection—Law appl ..
(Ord. 88-88 $ 2). ble.1bereafter,the amounts of the assessment shall
be collected at the same time and in the same man-
1".432 Cost as spacial agent and sten. ner as county taxes are collected,and are subject to
The amounts and the costs of abatement mentioned the same penalties and the same procedure and sale
in the report as confirmed shall constitute a special in case of delinquency as provided for ordinary
assessment against such property and are alien on county takes.All laws applicable m the levy,roller
the property for the amount of the respective'assess- tion and enforcement of county taxes are applicable
meet. to such assessments,except that if any real property
In addition to its rights to impose said;special to which such lien would attach has been transferred
assessment, the county;shall retain the alternative or conveyed to a bona fide purchaser for value, or
right to recover:its costs by way of civil' action alien of a bona file enacutnbrancer foa`'value has'
against the owner and person in possession or con- been created and attaches thereon,prion'to the date'
trot'jointly and severally. (Ord. 88-88 12). on which the first installment of such canes would
become delinquent,then the lien which would other
14.6.434 Notice of assessment and abatement wise be imposed shalt not attach to such real
proper-
Ben. The county abatement officer shall mcord at ty and the cost of abatement and the cost of eaforc `
the'office of the county recorder,and deliver to the ing the abatement as wearned,'reiatibg to such
auditor-controller, a certificate substantially in the property, shall be transferred to the unsecured roll
following',form: for collection.'(Ord 88-88
"NOTICE OF ASSESSMENT AND 14-6:438 Release and subordination An abate-
ABATEMENT TEN went lien created under this article may be released
(Public Nuisance Abatement) or subordinated by the county abatement officer in
the same mariner as a judgment lien on neat property
Pursuant to Government Code Seton 75845 and may be released or subordinated {Or(L 88-85 2).
Ordinance Code Article 14-6.4 Contra Costa Coun-
ty abated a public nuisance on the parcel'of real 14.6,440 Ylobtiana h is unlawfttt for any person
pdescribed
roperty below,of which the nartied per. to interfere with the performance of the duties here
sons)is the owner of record or possessor,and fixed in specified for the qty abatement officer or any
the below-shown amount as the cost thereof and authorized officer or employee thereof.orerr mise
thereby claims a special assessment againstraid toallow any such officer or employee or a +od: -
P rty for this'aamout3t. private contractor, to enter upon any premises for
1. RECORD OVINMI(S): the purpose of abating the public nuisance or to
LAST KNOWN ADDRESS: , interfere in any manner whatever with said officer
2 POSSESSORS) (if different firmor employees in the work of
owner):
LAST KNOWN ADDRESS: .
3. DATE ABATENIENT ORDERED:
4. DATE ABATEMENT GY7MX TED.•
5.PARCEL: Real property;;in Contra Costa
County,California: Cotmty
Assessor's parcel#: . . . . . .
[otber description whem meded) . . . ..
€i AMOUNT OF ABATEMENT'
(ASSESSMENT)COST . . ..'. .. . . . . . .
Dated:_ . Contra Costa Ccxmry
By: . . .. . . . . . . . . . . . . . . .
Abatement Officer"
(Ord. W88 12).
W=it tsar wooer 10-M
............ ............... ................
. CMM NA1..ENiiACENIENT 14-6.602--I4-8.008
abatement. Any person violating any of the provi 14-8.004 Violation—Puriishment. (a) Infrac-
signs of this chapter shall be deemed guilty of a tions. Except as otherwise provided by statute or
misdemeanor unless, in the discretion of the prose- this code, every infraction violation of this code is
cutor, it is charged as an infraction. (Ord. 88-88 § punishable, upon conviction themof, by:
2). (1) A fine not exceeding ane hundred dollars for
a first violation;
Article 14-6.5: (2) A fine not exceeding two hundred dollars for
Treble Abatement Cost for Repeat a second violation of the same ordinance within one:
Public Nuisances year;
(3) A fine not exceeding five hundred dollars for
I4-6.602 Treble abatement cast for repeat each additional, »olation of the sanne Ordinance
public ntdsance. In addition to all other remedies within one yew.
available under the: law, 'including the penalties' (b) Misder wmo s.Except as otherwise provided
provided in this code, upon entry of a second or by state:law or this code;every misdemeanor viola-
subsequent civil or criminal judgment within a two- tionof this code is punishable, upon conviction
year period finding that an;owner'is responsible for thereof, by imprisonment in the county jail for not
a condition that may be abated pursuant to Article over .six months .and/or by a fine of not over one
14-6.4, the court may order the owner to pay treble: thousand dollars.'(Orris. 4-18. 76-51 § 1, 74-36,
the costs of the abatement. (Ord. 89-79 12-, Gov. 1457: prim coder' § 12,111► (part): sec Govt. C.
Code, 125945.5). 25132 (b). Vehicle Cowie § 42001(a), and penal
14-6.604 Exception.Section 14-6.602 shall not Cade § 19).
apply to conditions abated pursuant to health and 14-8.006 Vioiation--Cordinuair .Acts,'orris-
Safety Code Section 17984. (Ord. 89-79 § 2: Gov. signs or conditions in violation of this code which
Code, § 25845.5). continue,exist orIoccur on more than one day con-
stitute separate violations and offenses on each such
Chapter 14-5
clay. (Ord.''70-36,prior code § 1200(part)).
-
14-9.009 Infraction arrest and citation. (a)
CRIMINAL ENFORCEMENT* The following officers,or their'designated subordi-
nates,shall''have and are`hereby vested with the au-
Sections: thority to arrest any person who violate ,tbe fou-:
14-8.002 Violatiorr-Infraction, ing provisions of this code punishable as infractions.
14-8.004 Violation-Punishment. (1') Director of Health Services---'Division 413
14-8.£/06 Violation—Continuing. and Chapter 450.6;
14-8.008 Infraction arrest and citation. (2) Director of Building I Inspection ---Ttle 7
(3) Dirertor of Community Development �-Title
14-8.002 Violation—Infraction.Except as oth- 8,
erwise provided(and regardless of the avail*ability (4) Director of Public Works--Divisions 1002,
of other civil or administrative remedies and pry: 1010, 1014, 1106 and 1110;
lures for enforcing this code:),every,act or condition (5) Director of Growth Management and Eco-
prohibited or'eleclare d unlawful by this code, and nornic Developrnent--as provided by Section I&
every fail�onmsion to Act as required twin, 4.012.
is a violation of this code and is an infraction. (b) 7be above•listed officers,or their designate
(Ords.'76-3111. 70.36, 1457; prior code § 2100 subordinates, may issue citations for infraction
(part):see Govt.C. t 25132(a)). violations of tfu; sbovLo sted-corse provisions.
(c) 'ne county administrator may by written
order issue regulations to provide for administration,
procedures and policy dation for this section.
` an&'fe" a of a rnis&I"CA00r,see ha C t 17,far (Ords.96-2112,95-36§ 1,90-122 17, 86-80§2
dw Awatm ptoYWOM X'su"t emfoevew la due amno W U Penal Code If 19.7, 836.5, and 853.6).
Waishrrtw for a trsye�bor.gee Rea.C N 19 aa4'19a
6C (CMW c m C+aaay t r-%)
4-10.002--4-10.004 04 GENER .PR0 SIGNS .
Chapter 14-10
MU PENALTTE5
14-10.002 Violation-wCivi2penalties.
14-10,0104 Civil penalty schedules,
14.10.002 Violatiow-43vil penWdm Notw tb*
standing any contrary provision,any violation of an
ordinance code section governing the standing'or
Pig of a vehicle is subject only to a civil penalty
and civil fees and charges, as provided pursuant to
Sections 4020D and 40203.5 of the California Vehi-
cle Code. (Ord, 93-82 12).'
14.10.004 Clvfl,:penalty sdWul .The board
shall establish'and modify from t tree to tim, by
resolution, schedules of parking penalties'for park-
ing violations,late payment penalties,administrative
fees, other related charges, and civil penalties for
standing and parking violations, as provided in
California Vehicle Code Section' 40203-5 or ;as
otherwise provided by law.(Ord. 93-82 $ 2).
DEC 3
SORS
ax BOARD os'TA+co
co
cao emu CAMr tt-s> 6f
TO-. BOARD F SUPERVISORS Centra'
Costa
FROM: CARLOS BALTODANO
DIRECTOR, BUILDING INSPECTION County
r
DATE June 10, 2003
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
15075 Byron Hwy, Byron, CA
APN: 002-140-007
OWNER: David AY Stack
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
After Dearing the appeal, it is recommended to deny the appeal and affirm the
determinations of the County Abatement Officer and direct the County AbatemeniOfficer
to proceed and perform the work of abatement.
FISCAL IMPACT
$14,000.00 if the county does the abatement.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On November 151997, a complaint was received regarding junkyard conditions, storage
of equipment and vehicles on the premises. On January 22, 1998, a site inspection was
conducted and the inspection revealed a large amount of junk, debris and scrap building'
materials on the property, as well as vehicles and commercial equipment. The property
was posted for abatement on December 13, 2000, and Mr. Stack agreed to comply by
cleaning his property. Mr. Stack received support from the Byron Municipal Advisory
Committee to extend the period for compliance. Mr. Stack was given the opportunity to
utilize the "community clean lap" and dispose of debris without charge. No progress was
made. Mr. Stack has refused to let county personnel onto his property, further
complicating the county's efforts to gain compliance. On January 28, 2003, an expanded
Notice to Comply was sent to Mr.Stack regarding junkyard conditions,an occupied trailer,
and substandard house. The property was reported on April 4, 2003, for the same'
violations. As of May 2, 2003, all violations still existed. The property owner is in violation of
the fallowing County ordinances:
Title 8. Chapter 82-2.006 (Land use violation enforcement)
Title 8. Chapter 88-4.208 (Junkyard conditions)
Title 8 Chapter 84-88.1402 (Occupied mobile horde)
Title 7 Chapter 712-2.004 (Adoption UHC 1001.1, substandard dwelling)
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 April 4 2003, 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 ry '
RECOMMENDATION OF COUNTY ADMINISTRATOR' RECOMMENDAT ON OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED`'_OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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.'
Contact: Pam Christian(925)335-1,114 ATTESTED:
cc: JohnSweeten,Clerk of the Board of Supervisors
and County Administrator
BY DEPUTY
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