HomeMy WebLinkAboutMINUTES - 06242003 - SD3 BUILDING INSPECTION DEPARTMENT
CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF: }
Joseph & Nancy Lober )
180 Shore Rd. )
Bay Point, CA 94565 )
}
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 11, 2003, in the above matter
to the following:
Katy Faile
180 Shore Rd.
Bay Point, CA 94555
Joseph H. Lorber & Nancy Ann Lorber
180 Shore Rd.
Bay Point, CA 94565
Joseph H. Lorber & Nancy Ann Lorber
1110 Estates Dr.
Lafayette, CA 94549
Contra Costa County Tax Collector
625 Court St. , Rm 100
Martinez, CA 94553
Instrument No. 93-335559
Instrument No. 94-202816
I declare under penalty of perjury that the foregoing is true
and correct.
Dated: July 11. 2003 , at Martinez, California
PCD CLERK
The Beard of Supei visors (��C�C� John Sweeten
r�
Clerk of the Board
County,administration Building (�/-� } and
651 Pine Street, Costa t,Room 106 County Administrator
Martinez,California 94553-1293 ou n fi (925)335-1900
f
John Glota,1 st District (.�rJ
Gayle S.Utfkema,2nd District ._ a
Donna Gerber,3rd District
Mark DeSaulnier,4th District ? '
Federal Glover,5th District .
June 12, 2003
Maty Faile
Judy Faile
180 Shore Road
Bay Point,Ca 94565
In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance), you are
hereby notified that June 24, 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 that junkyard conditions and improper
storage of three travel trailers exist and are in violations of the County Ordinance Codes 82-2.002,
Adoption of the Zoning Ordinance; 82-2.006,Junkyard Conditions; 84-68.1404,Improper Storage of
a Travel Trailer; 82-2.006, Land Use Violation; 84-4.002,Uses Allowed in R-6 Zoning. The .
violations are on property located at 180 Shore Road,Bay Point. 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
r n
B
Danielle Felly, Deputy Cler
attachment
cc: County Counsel
Building Inspection
File List
APPEALS 14-2.203--I4-4.0018
142.203 Arrests authorized. Pursuant to administrative action talon by any officer of
Penal 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 thb chapter. (Ckd. 70.36 11 (Part), 1970:prior
persons for violations thereof as provided by code § 1207 (part)).
law.(Ord. 76-5113). 14-4,004 Notice filed by appellant. The
Article 14.2.4 Notices appellant s=hall, within thUtY days of the action
appealed from, file 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 use and the grounds for
thereof pursuant to this code shall be as his appeal including his special interest and
provided in Sections 14-2.402 through 14.2.408. Wury. (Ord. 70.36 § 1 (part), 1970: prior code
(Ord. 70.36 11 (put), 1970: prioir code § 1205 § 1207(part)).
(per))-
144.006 Setting of hearing » Notice. The
14-2.404 Written. Notices shall to written. clerk of the board shall then promptly set thea
(Ord.'70.36 § l (part), 1970; prior code § 1205 matter for hearing at an early regular board
(per)). meeting, and shall give the appellant at least five
14.1406 Service.' Written notices'shah be days, written notice thereof. (Ord. 70.36 § 1
served either-, (part), 1970: prier code § 1207(part)).
(T) Personally;or 144.008 Decision final. The board's
(2) 0'y deposit in the United States mad in a decision, after appellant has had an opportunity
seale..d envelope, first c=lass, postage prepaid, to be heard, shall be final and conclusive. (Ord.
addressed to the person to be notified at his last 7036 § 1 (part), 1970: pear code 1207
known business or residence address appearing §
(Part)).)'
its the public records or in other recce of the
matter for which notice is given, and mailed
notice shall be deemed served'when duly mailed. Chapter 14-6
(Ord. 7036 § 1 (part), 1970: prior code: § 1205
(Part)). CML ENF0JtC'E1dEN'T*
14-2.408 Proof of service. Proof of the
=-vice of any notice nay be mads by the Article 14.6.2 General
certificate of any officer or employee of this Sections:
county or by the affidavit of any person at)east 14-6.202 General.
eighteen years old., shote =-v ice conforming 14.6104 Nuisances.
to this code or other applicable law.(Ord.70,36 Article 1.46.4 UWorm Public Nubssnaes
§ 1 (part), 1970; prior code I 1206X Abatement Procedure
Sections:
Chs tel 1#-# 14-6.402nifo m procedure.
P 14-61.404 DeWtion.
APPEALS 14.6.406 Summary abatement-
14-6-403
batement;14.6.408 Scope,
Seat Ons: 14-6.410 Nuisance declared.
14.4.002 Gement 146.412 Service of notice and order
144.004 Notice fled by dcappeDant to 14.6.414 Appeal procedure.
14-4.006 Setting of heaft-Notcar.
144.008 Dwision fa. 146.416 Appeal fees--Determ%tion of
amount/waiver of payment/
14-4.002 General. Unless otherwise refuend..
specially provided, any person aggrieved by an
"Far the sulutwy prvyWmt rpt wtice by=WW a" "foe:the rtab try pmmidow nVwdft The muntr'a aatbatisy m
as btkg equal to auk of antics by noftmd ma%me Gov. abate a pubBc aniurg*, we Civ. C. 1:3.4% foe the _
C.133062,. wd a putr'ic s-i- est.acs Ci+.C f 34 M
5 (Goats GcHxa Co #Y e`tt>)
AUG 15 1990
146.202-14-6.410 GENERAL Phi;VISIONS
145.418 Hearing procedure. 146.444 Definition. The term "county,
145.420 Decision. abatement officer" means the county officer
146.422 Time for compliance. responsible for enforcing the county ordinance
146.424 Limitation of action. code provision being violated, which violation
I4-6.426 Noncompliance. has been declared to be a public nuisance.(Ord.
146.428 Report and notice of hearing. 88-8812).
14-6.434 Nearing on report.
346.432 Cost as special assessment and 14.6.406 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 lien. order of any other county officer aisthorized by
146.436 Manner of collection—Law law to summarily abate nuisances, if the board
applicable. or officer determines that the nuisance con.
14-6.43$ Release and subordination. stitutes an immediate threat to public health
146.440 Violations. and safety.
Article 14-6.6 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
14-6.642 Treble abatement cost for abatement and bill the property owner therefor.
repeat public nuisance. if the bill is not paid within fifteen days from
14-6.604 Exception. the date of mailing, the county abatement
officer may proceed to obtain a special assess-
Article 146.2 General ment and lien.against the owner's property in
14-6.202 General. 1n addition to the accordance with the procedures set forth in
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. 88-88
proceedings. (Ords. 88-88 12, 70-36 § 1: prior § 2).
code § 1203).
14-6" Scope.Whenever a public nuisance
14-6.204 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 procedures set forth in this article are not ex-
otherwise by the county. (Ords. 8888 § 2; elusive but are cumulative to all other ci'vi1 and
70.36 11: prior code § 1203). criminal remedies provided bylaw. The seeking
of other remedies shall not preclude the simui-
Article 14-6.4 taneous commencement of proceedings pursuant
Uniform Public Nuisances to this article.(Ord. 8888 12).
Abatement Aroc edure
14.6.410 Nuisance declared. A county
146.402 Uniform procedure. This article abatement officer may declare a public nuisance
shall be known and may be cited as the for any rtason specified in this code. Once a
"Uniform Public Nuisance Abatement. fro- public nuisance is declared, the county abate-
c edure." it is enacted pursuant to Government meat officer shall issue a notice and'order to
Code Section 25845 and is intended to be an abate substantially in the follo*1n'jTdrni:
alternative procedure for the abatement of any
violation of this code which violation is declared
to be a public nuisance. (Ord. 88-58 § 2).
(Cants Cons cmny 6-3M) 6
APPEAI-S 146.412 .24-6.414
"NOTICE AND ORDER TO ABATE waiver -of the appeal fee. Upon direly 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 condition constituting 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 the Contra of the hearing.
Costa County Ordinance Cod-.The violation
has been declared a public nuisance by the If you have any questions regarding this
(county abatement officer and trust 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.
legal property d teat). _...o......�..�o,
ISSUANCE DATE:
YOU ARE-HEREBY ORDERED TO ABA'T'E
SAID PUBLIC NUISANCE within (insert to (Name, title, ad ress and teltphone number
(days)or other reasonable period) of the county abatement officer issuing this
consecutive calendar clays rom a sssuaenct notice.)"
of this order. The issuancedate is specified
below. You may abate the nuisance by {insert (Ord. 88-89 J 2).
desired action which, if taken, will adequate.y
remedy the situation) . If you fail to 24-6.412 'service of notice and order to
abate the public nuisance within the number of abate. The notice and order to abate shall be
days speed, the county may order its abate- served in the following manner:
menu by public employees, private contractor, (I) By certified mail, adds ed to the
or other means. The cost of said abatement, if owner at the address shown on the last equalized
not paid, may be levied 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
bt collected at the same time and in the sane abatement officer to be in possession of the
manner as ordinary county taxes at collected, property at the sheet address of that property
subject to the same penalties, procedures and being abated. Service shall be deemed to have
salt in case of delinquency. been completed upon the deposit of.Wd notim-
aatnd 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 Glatt
be brought prior to the expiration of the num- of -nom, such notice and order to abate con-
bet
�
bet of days specified above for completion of spicuously in front of tib propery on which,
abatement. The appeal -must -be in writing; or in front of which, the nuisance exists, or if
specify the reasons for the appeal;contain your the property has no frontage, upon the portion
name, address and telephone number-, be ac- of,the property neerest to a street,highway,or
c ompanied by an appeal fee of dollars mad, or most likely to We actual notice to the
(S ); and be submitted to�►t perk of owner and any pan known by the county
the of Supervisors at the fallowing abatement officer to be in possession of the
address. property.(Ord.SM 12).
Clerk of the Board of Supervisors 14-6.414 Appeal procedure. Any owner or
County of Contra Casts other person in possession of the property may
651 piece,Street, Ist Floor appeal to the board within the number of days
Martinez,CA 94553 allowed in the notice aui d order to abata:, The
appeal: shall be submitted in ruing, specify
One who is leery indigent may obtain a the grounds upon which the appeal is taken,
6a (comes CW"COOM
DEC 5 1989 ..
146.415-146.418 GENERAL PROVISIONS
contain the name, address and 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 rights: to
notify the parties in writing of the date and be represented by legal counsel; to can and
location of the hearing, at least ten days prior examine witnesses; to introduce exhibits;and to
to said date. (Ord. 88-88 § 2). crossexamine opposing witnesses through the
chair on any matter relevant to the issues, if
I4-6.416 Appeal fee--Determination of the appellaht does not testify on his or her own
amount/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 under cross-examination.
ically by the board based upon the costs in- (2) The hearing' need not be conducted ac-
curred by the county in processing appeals pur• cording to technical iules 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 unproper 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 9mll 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 rules='of— --
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 exuded.
ness and correctness. of the information con- (3) The hearing shall be conducted in the
tamed therein.Upon submittal of the completed English language. The proponent of any testi-
forms,the appeal fee shall be waived. mony to be offered by a witness who does not
Upon filing a timely 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 language in, which the witness will testify, to
to complete and submit the waiver torous. 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 interpreter. 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 humores., .
appeal request to,be automatically denied. En- (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.
S
(coats costs comty t.99) 6b
17 14-6-420,-14-6.430
(S)The bearing may be continued from time to When the county has completed the work of
f upon request of a party to the hearing and abatement,or has paid for such work,the actual cast
upon a showing of good cause therefor.(Ord. 88-98 thereof,together with any administrative cost,shall
12). be charged to the own" Of the Property. To this
amount shall be added the appeal fee if it hast been
1".420 tion..At the conclusion of bear- waived pursuant to Section 14-6-416 armor reasonable
ing.the board shall reverse, modify or afrm the attorneys' fees if the county has +ems to seek
deta=rrrminat ons of the county abatement officer and recovery of its attorneys'fe*s at time initiation of the
may direct the county abatement officer to proceed prorcee rings.The combined amounts shall be inclucd.
and perform the wordy of abatement if not performed ed in a bill and sent-by mal to the owner, if not
by the owner or the person in possession of the paid prior thereto. The bill aha►12 istforrx;the owner
prope y within a prescribed period of time. The that failure to pay the bill 'within fifteeu calendar
decision shall be in writing,contain necessary find- days from the date oof'rzmaili g, may r>esuht in a lien
Ings,and be flier with the clerk of the board follow- upon the property, (Urds. 97-19 12, 88.88 12;
ing the conclusion of the bearing. A copy of the Gov. Code 123845(c)).
decision shall be sent to each party appearing at the
hearing, and if no appexa= bras made by the 14.6.428 Report and notice of bearing. I the
appellant, to-him or bet by mail, at the address bili is not paid within fifteen days fern the date of
specified in the appeal. The decision of the board mailing, the co-W' ty abatement t rica shall render
shall be final when flied with the clerk of the board. an itemized report in writing to the clerk of the
The me
county abatement officer ;mall be responsible board for submittal to the.board for hearing and
for preparing,mailing and filing the decision:(Ord. confirmation. The mport shall include., at a Mini-
88-9812). mum. the names and awddressca of the possessor of
the property and all persons having any record inter-
14»6.422 7Imt for compliatam If the board de- est in the property (including but not limited to,
cides that the order to abate should be enforced,the holders of mortgages or deeds of trust), the date
over or person in possession of the property shall upon which the abatement of the nuisance was
comply with the order within such period of time as ordered, the date the abatement`was complete, a
may be prescribed, and in the absenm of any pre- description of the real property subtest to time Kowa,
scribed bed time, within thirty days from the dans of and the amount of the abatement cost. At least ten
mailing of the fumed'decision.The prescribed period darys prig to said bear n8, the, dolt of
of time shall commence on the date of mailing of shall give notice,by owed �of a „ lea g
the feral decision. (Ord. 8$ U 12). to all persons named is the county abatement
officer's report.Said notice shall be prepared by the
144424 Limitation n of action.Any court action county abatertment officer and &W describe time
or pr+ocerding to attack, review, ext aside, void or property by assess'or's parcel number and street
annul the board's decision pursuant to Section 14- number or wore other description sufficient to en-
6.420 shall be commenced within thirty calendar able identific4don of the property and contain a
clays of mailing of the decision.Tbertafter all per- , statement of the amount of the proposal a ssessmeaL
soils mune barred from comam acing any such action (turd. 88-88 2).
or proceeding and from asserting any defense of .
invalidity or unreasonableness of swb decision, 14-6.430 Hearing on rept At the time fixed
proceeding, act or determination. (turd. 88-88 12). for recount and tonsidcrng throe ttyptxEt,the board
SW bear it and any objections of any of the owners
144424 Nowomplrlanm Upon time failure,nne• liable to be assessed for the work sof abaternent or
gleet or refusal to paopeAy comply with the order stay +other pectous who may have a legal interest in
to abate within the prescribed tkm period,the cern- the property. The board may add to tba pzopzrsral
ty abatement officer may rause to be done whatever aassessrnent an amt+equatl't+o the dost of Conduct-
work is necessary to abate time public nuisaDm. An ing the assesumt oonfizrnaetion hearing.Ile board
account of the cost of abatement shall be kept for may also make such other modifications in the
each separate assessor's parcel involved in the report as it deems Dmesswy,after which,time board
abatement. _ may order the report confirmed.med. The order and
RE EtIv ED "= modified report shall be filed with the clerk of the
7 6c (CM.Cao+Cama*m
Ctjkn 7C C9 t?�SU R ltSORS
rY✓
14-6.432---14-6.440 GENERAL FR ISIONS
board, and as filed shall be final and conclusive. 14-6.436 Manuaer of collcction Law appl#M..
(Ord. 88-88 J 2). bl+e.Tbeaeafter,the amounts of the:assessment shall
be collected at the same time and in the same man-
14-6.432 Cost as special agent &W hien. ner as county takes an collected,and are subject to
The amounts and the costs of abatement mentioned the same penalties and the sane procure and We
in the report as confitnted shall constitute a apmW in case of delinquency as provided for ordinary
assessment against such property and are a lien on aunty taxes.All taws applicable to the levy,conec,
the property for the amount of the respective assess. tion and enforcement of county taxes are applicable
went. 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 tr sferrrd
assessment, the county shall retain the alternative orconveyed onveyed to a bona fide pnrchiaser for value, or
right to recover its costs by way of civil action a lien of a bona fele encumbrancer for value bas
against the owner and person in possession or con- been a a ed and attaches thereon prior to the date
trol jointly and severally. (Ord. 88-88 $ 2). on which the first installment of such taxes would
become delinquent,then the_lien which would tither.
14-6.434 Notice of assessment and abatement wise be imposed shall not attach to sucb real proper.
Ben. The county abatement officer shall record at ty and the cost of abatement and the cast of enforc-
tbe office of the county recorder,and deliver to the ing the abatement as confiirnxd, relating to such
auditor-controller, a certificate substantially in the property, sW be u=sfttred to the unse=ted mU
following form: for collection.(Ord. 88-88 $ 2).
"NO IICE OF ASSESSWNT AND 14x6.438 Release and subordination.An abate-
ABATEND`l r LIEN ment lien created under this article may be released
(Public Nuisance Abatement) or subordinated by the county abatement officer in
the same manner as a judgment lien on real property
Purumt to Government Code Section 25845 and may be released or subordiwed. (Or& 88.88 § 2).
Ordinance Code,Article 14-6.4,Centra Costa Coun-
ty abated a public nuisance on the parcel of real 14-6.440 Violation c.It is unlawful for any person '
property described below,of which the named per to interfere with the performance of the ditties b+e
sce(s)is the owner of record or possessor,and fixed in specified for the runty abatement officer or any
the below-shown amount as the cost thereof and autborized officer or employee thereof,or to refuse
thereby claims a special assessment against said to allow any such officer or employee or app vvW
property for this amount. private coutracto r,to enter upon any'p wn ses for
1. RECORD C V(74M(S): , . .. . . . . . . . . . . .
. . . . . . . . . . . the purpose of abating the public nuisance or to
LAST KNOWN ADDRESS: . . . . . . . . . . interfere in any manner whatever with said off"tcers
2. POSSESSOR(S)(if different from or employees in the wotk of
owner): . . . . . } . ♦. . . . . . . . . . ..
LAST KNOWN ADDRESS: . . i . . . . . . .
3. DATE ARATEME47 ORDERED*.
4. DA'I B ABA7EEM NT COMPi.I'r M:
5. PARCEL:Real property in Contra Costa
County,California: County `
Assessor's parcel 4. . . . . .. . .. .. . . . . ..
y {other description wbeacedug . ... . . . . .
6. AMOUNT OF ABAT +IENT
(ASSESSMENT)COST'. . .i . . . . . . . . . ..
Da wi. .. . . . Contra Costa County
By: .. . . . . . . . .. . . . . . . .}
County Abatement iner"
(Ord. 88-88 1 2).
tC�.ea Gnw +*r tass> 6d
L—RDvIN . NFORCE?YIE T I4-6.502......14-8.048
abatement. Any person violating any of the provi- 14-9.004 Violation--P inishmtrit. (a) Infrac-
sions of this chapter shall be deemed guilty of a tions. Except as otherwise provided by statute or
misdetneanor unless, in the discretion of the prose- this code, every infraction violation of this crude is
cutor, it is charged as an infraction. (Ord. 88-88 punishable, upon conviction thereof,by:
2). (1) A fine not exceeding one hundred dollars for
a first violation;
Article 14-6.6 (2) A fine not exceeding two hundred dollars for
Treble Abatement Cast for Repeat a second violation of the same ordinance.within one
Public Nuisances year,
(3) A fine not exceeding five hundred dollars for
14-&602 Treble abatement cost for repeat each additional violation of the tame ordinance
public nuisance. In addition to all other remedies within one year.
available under the law, including the penalties' (b) Misdemeanors.Except as otherwise provided
provided in this cock, upon entry of a second or by shite law or this code.every misdemeanor viola-
subsequent civil or criminal judgment within a two- tion of this aide is punishable, upon conviction
yew 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 ase
146.4,the court may order the owner to pay treble thousand dollars. (OrdL 84-18, 7&5111. 70.36,
the costs of the abatement. (Ord. 89-79 12, Gov. 1467. prior code 1 12M (part): we Gave. C. I
Code, 125845.5). 25132 (b), Vehicle Code 14Z001(a), and Penal
Code 19).
14-6.604 Exception.Section 14-6.602 shall not
apply to conditions abated pursuant to Health and 144.006 ''Vfotation—.-Coritinu . Acts,monis-
Safety Code Section 17980. (+(:hid. 89-79 $ 2: Gov. tions or conditions in violation of this cede which
Code, 125945-5). continue,exist or occur on chore than one,day con-
stitute separate violations and offenses on each such
day. (Ord. 70.35, prior cock 11200(part)).
Chapter 148
14-8,608 Litmction arrest and citation. (a)
CRIN13NAL WORCEMENT* The following officers,or their designated subordi-
nates,shall have and are hereby vested with the aur-
Sections: thority to arrest any person who violate;,.tlte folk..
145.042 Violation -1afraction. ing provisions of this code punishable as infractions:
148.00 Violation-Punishment (1) Director of Health Services---Division 413
14-8.006 Violation-Continuirig. and Chapter 450-6;
14-8.OD8 lnfrwtion arrest and citation. (2) Director of Building Inspection —Title 7;
(3) Director of Community Development—Title
14-&002 `aY olation---I alto.Fxcept as oth- 8;
erose provided(and regardless of the avail-ability (4) Director of Public Works--Divisions 1Gt12,
of other civil or administrative remedies and prince- 1010, 1014, 1106 and I 110;
dures for enforcing this code),every cat or condition (5) Di=tm of Growth Management and Eco-
prohibited or declared urnlawf4l by this code, and nomic Development---as provided by Section 16-
every failure or omission to scat as required herein, 4.012.
is a violation of this code and is an infraction. (b) The above-listed officers,or their designated
(Ords. 76-5111. 70-36, 1457: prior code 12100 subordinates, may issue citations for infraction
(part): we Govt.C. 1 25132(a)). violations of the above-listed code provisions.
(c) "lU county administrator may by written
order issue regulations to provide for administration.
procedures and policy atetion for this section.
*For>*»MY& iaidm a a Amor. ft&C~117,for (Or+rds.96-211 Z 95-36 1 1,90-12212,86.8412;
d* xuwwy pvvWm nWr&*t em►fbKn v in tk omwy jg i as Penal Code $ 19.7, 836.5, and 8.53.6).
panidnem for s►Mi$*MtWW'sm ft&G#f 19 colt 19&
6e tcbms Com,C"My i I-%)
4-10.002--4-10.004 GENERAL Pr"-VISIONS
Chapter 14-10
CIVIL PENALTIES
Sections:
14-10.002 Violation—Civil penalties.
1410.004 Civil penalty schedules.
14-10.002 Violation--Civil penaltim Nomitb-
standing any contrary provision,any violation of an
ordinance code section governing the standing or
patting of a vehicle is subject only to a civil penalty
and civil fees and charges, as provided pursuant to
Sections 402001 and 40203.5 of the California Vehi-
cle Code. (Ord. 93-82 12).
14.10.004 Civil penalty schedulm The board
shall establish and modify from time to time, by -
msolution, scbedules 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. 0�& 93-82 J 2).
#JFFJVrE.D
DEC 3 01996
CtSRCTRAs-rg! oAA CO
tcwn oom 0=3gy aa-%) 6f
+� s
l Ilk
ru
Ln
lirrrrw „!z ��,'y
rr V
:. C3
C3
" C3 .ss a
+rrwiwwwrrrwr�wF t"3 "`� W °'
M
ru
CZ)
C>
g\9.0
yyVMJy
CN
i O C; �?
00 CC
4)
CL
SCJ ..
tJ
0 c (D
o
cc 0 (D
TO: BOARD OF SUPERVISORS `, -- .; Contra
CJOStd.
FROM: CARLOS BALTODANO
DIRECTOR, BUILDING INSPECTION County
sr9cb'v"n`t`t
DATE: June 24, 2003
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
180 Share Rd, Bay Point, CA 94565
APN: 098-064-011
OWNER: Joseph & Nancy Lorber
SPECIFIC REQUESTS)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
$5,000, if the county does the abatement.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On May 10, 2002, the Building Inspection Department received a complaint regarding two
occupied trailers, an occupied shed and junkyard conditions at 180 Shore Rd., Bay Point. On
December 23, 2002, a site inspection was conducted and revealed the following conditions: three
occupied trailers and two occupied sheds located in the backyard; a boat and non-operational
vehicles in the front yard; cardboard, garbage, trash, furniture, automotive parts, building materials,
appliances and debris throughout the property. On February 18, 2003, a Notice to Comply was
sent. On April 15, 2003, another site inspection was conducted and revealed little progress. The
property owners are in violation of the following County ordinances:
Title 8, Chapter 82-2.002 (Adoption of the zoning ordinance)
Title 8. Chapter 82-2.006 (Junkyard conditions)
Title 8. Chapter 82-2.006 (Land use enforcement)
Title 8. Chapter 84-4.402 (Uses permitted for zoning of an R-6 lot)
Title 8, Chapter 84-68.1404 (Improper storage of travel trailers)
The property owners have been notified of the violations through written correspondence and
certified mail. As of this date, compliance has not been gained.
On May 6, 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
RECOMMENDAMN OF COUNTY ADMINISTRATOR m RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES):
ACTION OF BOARD ON . June 7, 1003 APPROVED AS RECOMMENDED X OTHER
*See attached addendm for Board action*
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT L+To } AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
*District III Seat: VACANT* SHOWN.
Contact: Pam Christian(925)335-1114
ATTESTED: June 24, 2003
cc:Clerk of the Board John Sweeten,Clerk of the Board of Supervisors
and County Administrator
BVLr �` � %�3f '� --�-�,'M' UTY
ADDENDUM TO ITEM SD.3
June 24, 2003
On this date, the Board of Supervisors considered the appeal by Kathy Faile, from the decision of
the County Abatement Officer declaring a public nuisance at the property located on 180 Shore
Road in the Bay Point area.
Fred Wright,Building Inspector,Building Inspection Department presented the staff report and
recommendations. Carlos Baltodano, Director, Building Inspection Department was also present
to address any questions.
The Chair opened the public hearing and the following person presented testimony:
Katy Faile, 180 Shore Road, Bay Point.
Ms. Faile requested she needed 90 days to remove her trailer and asked that a barricade be
removed from the back road of the property to complete the clean up.
Fred'Wright advised the Chevron Oil Refinery set up the barricade to restrict automobiles from
parking and minimize any junkyard conditions on that property. Chevron will provide access.
Building Inspection will notify them to remove the barriers.
Supervisor DeSaulnier advised that Supervisor Clover, who was absent, supported the staff's
recommendations and moved the recommendations on his behalf and asked the Building
Inspection Department to work Chevron and the property owners to remove the barricade to
allow access for the removal of the trailer at the earliest possible date. Supervisor Uilkema
second the motion.
The Board then took the following action:
CLOSED hearing on the appeal of Katy and Judy Faile on property located at 180 Shore Road,
Bay Point;
DENIED the appeal and affirmed the determinations of the County Abatement Officer;
DIRECTED the County Abatement Officer to proceed and perform the work of abatement after
30 days from the date of the mailing of the decision;
DIRECTED Building Inspection Department to work with Chevron and property owners to
remove barricade to allow access for the removal of the trailer at the earliest possible date.
REQUEST TO SPEAK FORM t "j
(THREE (3) MINU'T'E LIMIT)
Complete this form and place it in the box near the speakers'
rostrum before addressing the Board.
game: ' Phone:
r r
Address
-- i+�'� -�..� +.,. f f� City:
jl
I am speaking for myself or organization:
(mme of organization)
CHECK ONE
I wish to speak on Agenda Item # Date:
My comments will be general for against
I wish to speak on the subject of
I do not wish to spew but IeWe thus comments for the
F,
Board to consider: �,
------------
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
8 Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. O'Agj t
X
W Print your name and address on the reverse Ad
so that we can return the card to you. ted Nv'ama)
B. Received by Prin a of Delivery
0 Attach this card to the back of the mailpiece, tf
or on the front if space permits.
ArticleAddressedAddressed to: D Is delivery address different from item I? yes
1;YES,enter delivery address below: El No
Katy &Judy Faile
180 Shore Road
i
Bay PointCa 94565 3. Servir,,I&Type
,
Q-6rtifd Mai; 0 Express Mail
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail El C.O.D.
4. Restricted Delivery?(Extra Fee)
El Yes
2. A._ .
PS F
SENDER- ComPLETE rNissEcTio)v COMMIXTE THIS SEC 1101V ON DELIVERY
W Complete items 1,2,and 3.Also complete A: Signature
/
Item 4 if Restricted Delivery is desired. 0 Agent
it
Ir1
PHnt your name and address on the reverse X 'I "
.I
ressee
—
so that we can return the card to you. B. Reby
ceived Pr rated Nam C. Date of I7afl
E Attach this card to the back of the mailpiece, �,�- f W
or on the front if space permits, D. is delivery address different from item 15-0 Yes
1, Article Addressed to: If YES,enter delivery address below: 11 No
roseph H. Lorber &Nancy Ann Lorbet
180 Shore Road
3. Service Type
Bay Point, Ca 94565 ET"Certified Mail 13 Express Mail
El Registered 0 Return Receipt for Merchandise
CJ Insured Mali 0 C,O-D-
4. Restricted Delivery?(Extra Fee) 0 Yes
2, Art
Th
PS F( 102-1,95-02-M-1036
..........
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,
CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTED OF )
Abatement Appeal by )
Katy&Judy Faile )
180 Shore Road )
Pittsburg,Ca 94565 )
Joseph H. Lorber&Nancy Ann )
(Owners) )
I declare under penalty ofperjury 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 in the United States Postal Service in Martinez, California, first class
postage fully prepaid, a copy of the notice and code section to the following:
Katy&Judy Faile
180 Shore Road
Bay Point, Ca 94565
Joseph H. Lorber&Nancy Ann Lorber
1110 Estates Drive
Lafayette, Ca 94549
Joseph H. Lorber&Nancy Ann Lorber
180 Shore Road
Bay Point, Ca 94565
I declare under penalty of perjury that the foregoing is true and correct.,Martinez, CA.
Date: June 13, 2003
Danielle Kelly,Deputy Clerk
k
}
Y
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY,
CALIFORNIA
t
AFFIDAVIT OF MAILING
IN THE MATTER OF )
Abatement Appeal by )
Katy&Judy Faile )
4:
180 Shore Road j
Pittsburg, Ca 94565 )
Joseph H. Lorber&N )
• I am now, and at all times herein mentioned have been, a
8; and that today I deposited with Contra Costa County
x the United States Postal Service in Martinez, California,
ri x )f the notice and code section to the following:
Ln Ito
a >, :aty&Judy Faile
t
180 Shore Road
Point, Ca 94565
giber&Nancy Ann Lorber
Ir Estates Drive
i ;a�•��
t o;YifP .9a _ — - "' , ette, Ca 94549
ndssr3es•"
al 4 `�3 cr&Nancy Ann Lorber
1 Shore Road
ber
Lo 'nt, Ca 94565
c `V8 10seph Lorber
f' ca `t� :• �80 Sbore goo ;Ding is true and correct., Martinez, CA.
� r
t''.ti�s j� 5.s' r �ti✓'"
Danielle Kelly,Deputy Clerk
The Board of Supet IsorsC���r� John Sweeten
C` �+ Clerk of the Board
County Administration Building �.J �3}rte County Administrator and
La
851 Pine Street,Room 706 (925)335-7900
Martinez,California 945537293 CounT- J
John Giola,7 st District ,, [.�/j
Gayle S.Ullkems,2nd District ----------
Hanna Gerber,3rd district
Mark DeSaulnier,4th District
Federal Glover,5th District c'
June 12,2003
Katy Faile
Judy Faile
180 Share Road
Bay Point,Ca 94565
In accordance with Contra Costa County Ordinance Code Section 14-6.410(public nuisance),you are
hereby notified that,Dune 24,2003 at 9:30 am. is the date and time set for the hearing of your appeal,
from the decision of the County Abatement Officer,declaring that junkyard conditions and improper
storage of three travel trailers exist and are in violations of the County Ordinance Codes 82-2.002,
Adoption of the Zoning Ordinance; 82-2.006,Junkyard Conditions; 84-68.1404,Improper Storage of
a Travel Trailer•, 82-2.006, Land Use Violation; 84-4.002, Uses Allowed in R-6 Zoning. The .
violations are on property located at 180 Shore Road, Bay Paint. 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 he 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
`B � l
Danielle Felly,T�eputy Cle
attachment
cc: County Counsel
Building Inspection
File List
DATE: May 16, 2003
TO: Carlos Baltodano, Director
Building Inspection Department
Attn: Fred Wright, Building Inspector I
FROM: Danielle Kelly, Deputy Clerk
Clerk of the Board of Supervisors
�Au&�
SUBJECT: Appeal by Katy Faile &Judy Faile(Joseph & Nancy Lorber-Owners)
180 Shore Road,Bay Paint
This office is in receipt of a letter to appeal(see attached copy) and a Request for Waiver
of the $125 filing fee, regarding the above entitled matter, from the decision of the
County Abatement Officer declaring as a public nuisance and in violation of C.C.C. Ord.
82-2.002, (Adoption of the Zoning Ordinance), C.C.C. Ord. 82-2.006 (Junkyard
conditions), C.C.C. Ord. 84-68.1404(Improper Storage of Travel Trailer), C.C.C. Ord.
82-2.006 (Land Use Violation), C.C.C. Ord. 84-4.402 (Uses Allowed in R-6 Zoning).
The Board of Supervisors has scheduled this appeal for hearing on June 24,2003 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 June 6,2003.
♦ 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 June 24,2003 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(Pam Christian)
MAY 1 Z�'
{ �} h . :� .. The
MAY-12-2M(MON) 15:39 P.0011002
�. LER
REQED
:AY:1
MAY 11
UU
N0110E AND ORDER TO ABATEC.C.C. ORDINANCE Ct' DE 14-5.410 `�:} A�i�";z;A 4`�'. vus�
NOTICE IS HEREBY GIVEN that Iun d condttlons&imtiroper Storarte of
Three"Travel idler grist at tha gM22rty and are in violation of:
1. Section C.C.C.Ord.82-2.002(Adoption of the Zoning Ordinance)
2. Section C.C.C.Ord.82-2.006(Junkyard conditions)
3. Section C.C.C.Ord.8448.1404(improper atc rage of a Travel'Trailer)
4. Section C.C.C.Ord.82-2.006(Land use violation)
5. Suction C.C.C.Ord.84.4.402(Uses allowed in R-6 zoning)
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: 180 Rd.May Pont
APN*096414 311
Owner: Joseph&Nancy Lorber
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within
ten 1101 ,ggasom ive calendar days from the Issuance of this order. The
issuance data Is specified below. You may agate the nuisance by:
1. Remove all debris inch na WA not I1mLbkd to. garbage, furniture.
trip rabjeyatiictea, Automistive rtk tools, bui no maWals and
avollanm frotrl progg tj,Remom S ILMI traltar from®rorsertrtv_ ---
If you fall to abate the public nuisance within the number of days specified, the
county may order this abatement by public employees, private contractor, or
other moans. 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 some 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 DP 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 TWilNTY FNE dollars
M25.00); and be submitted to the Clerk of the Scam of Suoorvlsors at the
following address:
CLERK OF THE BOARD OF SUPERVISORS,COUNTY OF CONTRA COSTA
651 PINE STREET,I8T FLOOR,MARTINEZ,CA 84553
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 hearings before the Board of Supervisors and notify
you of the date and location of the hearing. If you have any questions regarding
this natter, you may direct them to the county officer Issuing this notice at the
address or telephone number listed below.
IS E DATir:Me 2
F Wrlght( )427.8843
BUILDING INSPECTOR I
FTW.eng
wsitannmvMt3f/9P
MAY-12-20W(MON) 15.89 P.®W/002
ATTXDAVYT OF POSTMM, SZX=CE HX NAn OR SPM DELIVERY
STATE OF CALIFORNIA }
COUNTY OF CONTRA COSTA }
I declare that z am a duly appointed, and qualified etVloyee
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:
X 1. 1 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 in the farm attached hereto.
X 2. 1 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.
Joseph H. Lorber & Nancy Ann Lorber
180 Shore Rd.
Bay Point, CA 14565
Joseph H. Lorber & Nancy Ann Lorber
1110 'rotates Dr.
Lafayette, CA 94549
Contra Costs County Tax Collector
625 Court St. , Room 100
Martinez, CA 94553
Instrument No. 13-3'35559
Contra Costa County Talc Collector
625 Court St., Room 100
Martinez, CA, 94553
Instrument No. 94-202816
SITE: 180 Shore Rd., Bay Point, CA
APN: 098-064-011
Said notices were mailed/posted on X&Y5. 2103.
I declare under penalty of perjury that the foregoing is true and
corract.
Dated: May 6. 2003 at Bre twaod, California.
,
6 J�/Z� —
FiRnF T
BUILDIN INSPECTOR
r�
EEE
s
_
F
Y 1 2 2003
, '.�.J�+W�h}V+3.
REQUEST FOR WAIVER OF THE $125 FILING FEE
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;
e1-11-1
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 Ord. Code Sec. 14r-6.416; Gov. Code Sec. 68511.3)-
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 Board 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.
(SI.gnatur of-Appel ant)
on �� �
(date)
(City, state)