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HomeMy WebLinkAboutMINUTES - 06242003 - SD4 BUILDING INSPECTION DEPARTMENT CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: ) ) Tom Trost ) 4090 Gateway Road ) Bethel. Island, CA 94511 } ) ) 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: Thomas B. Trost P.O. Box 584 Bethel Island, CA 94511 Charlotte Heinl Trustee of the Heinl Family Trust P.O. Box 284 Bethel Island, CA 94511 Contra Costa County Family Support Division 50 Douglas Dr. #100 Martinez, CA 94553 Contra Costa County Tax Collector 625 Court St. Rm 100 Martinez, CA 94553 Onette Krigbaum P.O. Box 1410 Bethel Island, CA 94511 I declare under penalty of perjury that the foregoing is true and correct. Dated: July 11- 20Q3 , at Martinez, California w PCD CLERK card of Supervisors ritra Costa County P : 1 Pine Street, Room 106 v artinez, CA 94553-1293 >.. : ! C Z�Npi�y� •w«I91 %.F '+Pit.+w�1 r !`:Y+L�f �b D^f� w�'}^''kr : ! 5 S ., X !/ .✓ sA Mr. T Yeas B. Trost 4 Gateway R Be Island, 4511 k: AV _. Board of Supervisors . Contra Costa County l+� :661 Pine Street, Room 106 rtinez, CA 94553-1293 ...: 7002 1000 0004 9166 1999 x Charlotte Heinl Trustee of the Heinl Family Trust P.O. Box 284 , Bethel Island, Ca 94511 POWTsrefr#AA_A�,977 .... COMPLETE • ■ Corn Iota items 1,2,and 3.Also complete q Sgnature a item,4 if Restricted Delivery is desired. � �� � t i i? ! ©Agent ■ Print your name and address on the reverse Addressee so that we can return the card to you. l3. Received by(Pfirited Name) G.i,6ete of Delivery ■ Attach this card to the back of the rnailpiece, or on the front if space permits. C. is delivery address d ffa+ent from item 1? 0 Yes 1. Article Addressed tc: !f YES,anter cieliuery address beiova: ©Plc Charlotte Heinl Trustee of the Heinl Family Trust D n IQ—1421f TO: BOARDOF SUPERVISORS _ Contra Costa FROM CARLOS BALTODANO, DIRECTOR BUILDING INSPECTION DEPARTMENT County r ; DATE: JUNE 24,, 20031 SUBJECT: APPEAL OF ABATEMENT ACTION AT: 4090 Gateway Road Bethel island, Ca. APN: 030-140-002 OWNER-, Tom Trost 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: $8,000, if the County does the abatement. BACKGROMM/RE,ASONS FOR RECOMMENDATIONS: On August 15, 1999, a complaint was received regarding improper storage of a mobile home. A Notice To Comply was sent on September 15, 1999, and a Notice of Violation recorded on October 6, 1999. A site inspection on August 23, 2000, revealed a 7,200 square foot two story house had been moved onto the parcel without a permit and it was noticed that the parcel was being used for storage of junk, construction equipment, boats, vehicles, trailers, cargo containers, scrap and debris. From September 15, 1999, to present the County has gone through extensive efforts to obtain voluntary compliance with the owner, Mr. Trost. On February 24, 2003, a new Notice To Comply was issued to Mr. Trost to include the following: junkyard conditions, vessels and trailers stored at the property, occupied mobile home, contractors storage yard and a house being moved without a permit. The house is being excluded from further abatement action at this time, to allow Mr. Trost additional time to seek Historical Preservation designation. The parcel was posted with a Notice And Order To Abate on March 31, 2003 . The owner is in violation of the following County ordinances: Title 8, Chapter 88-4.20_6 (Junkyard Conditions) Title 8, Chapter 84--68.1402 (Use for human habitation) Title 8, Chapter 82-2.002 (Adoption) Title 8, Chanter 82-2.006 (Enforcement) Title 8, Chapter 84-38.402 (uses permitted in the A-2 district) Title 8, Chapter 84--68 .1404 (Storage of mobile homes, travel trailers, camp cars, vessels, and vessel trailers) The owner of the property has been notified of the violation(s) through written correspondence and, certified mail. As of this date, compliance has not been gained. On March 31, 2003, the Building Inspection Department declared the property a public nuisance and posted a Notice and Order to Abate under Title 1, Chapter 14-6. This appeal is being made under the provisions of this title. CONTINUED ON ATTACHMENT; ( YESSIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOb=NDATION OF BOARD COMMITTEE _ APPROVE OTHER SIGNATURE(S) ACTION OF HOARD ON June Z4, APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS See attached addendun for Board action I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ASSENT 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: Para Christian(925)355-1114 ATTESTED: June 24, 3 � cc: John Sweeten,Clerk of the Board of Supervisors end County Administrator � f PUTY ADDENDUM TO ITEM SDA June 24, 2003 On this date, the Board of Supervisors considered the appeal by Tom Trost , from the decision of the County Abatement Officer declaring as a public nuisance on property located at 4090 Gateway Road,Bethel Island. Terry Plys, Building Inspector I,presented the staff report and recommendations. The Chair opened the public hearing and the following persons presented testimony: Tom Trost,P.O.Box 584,Bethel Island; Onette Krigbaum, P.O. Box 1410, Bethel Island. The Chair then closed the public hearing for further discussion. Supervisor DeSaulnier advised that Supervisor Glover, who was absent at the hearing, supported the staff's recommendation and moved the recommendations. Supervisor Uilkema second the motion and the Board took the following action: i CLOSED the public hearing; • DENIED the appeal of Tom Trost on the property located at 4090 Gateway Road, Bethel Island, • AFFIRMED the determinations of the County Abatement Officer and • DIRECTED the County Abatement Officer to proceed and perform the work of the abatement. REQUEST TO SPEAK FORM 1 t' (THREE {3) XINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: phone: I am speaking for myself or organizations (nwo of organIzottan) CHECK ONE: I wish to speak eak on Agenda Item # ✓ Date; My comments will be: general _ for against I wish to speak on the subject of . I do not wish to speak but leave these comments for the Board to consider w REQUEST TO SPEAK FORM f, r (THREE (3) MINUTE LIMIT) Complete this farm and place it in the box near the speakers' rostrum before addressing the Board. w. . Name: Phone: y�? ,.._ Address: s '; City: I am speaking for myself or organization: Owne of orsonization) CHECK ANE t `' rI wish to speak on Agenda Item # SOA Date: Icy comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: m ply d ru o •"� � v t cn � C c m::z Z5t t1 t BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF } } Abatement Appeal by } Tom Trost ) 4090 Gateway Rd } Bethel Island, CA } } 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 a copy of the hearing notice in the above with the Contra Costa County Central Services. A copy of the hearing notice and code section, with First Class postage was mailed to the fallowing. Charolette Heinl Trustee of the Heinl Family Trust P.O. Box 284 Bethel Island, Ca 94511 Instr#99-95972 Thomas B. Trost P.O. Box 584 Bethel Island, Ca 94511 Contra Costa County Family Support Division 50 Douglas Drive,#100 Martinez, Ca 94553 Instr#96-146916 Contra Costa County Tax Collector 625 Court Street,Room 100 Martinez, Ca 94553 Instr#01-323420 Mr. Thomas Trost 4090 Gateway Road Bethel Island, CA 94511 I declare under penalty of perjury that the foregoing is true and correct. Dated. Tune 12, 2003,Martinez,CA. Danielle Kelly,Deputy Clerk f BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) Abatement Appeal by } Tom Trost ) 4090 Gateway Rd ) Bethel Island, CA ) I declare under penalty of perjury that i am novo, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited a copy of the hearing notice in the above with the Contra Costa County Central Services. A copy of the hearing notice and code section, Certified,was mailed to the following: Charolette Heinl Trustee of the Heinl Family Trust P.O. Box 284 Bethel Island, Ca 94511 Instr#99-95972 Thomas B. Trost P.O.Box 584 Bethel Island, Ca 94511 I declare under penalty of perjury that the foregoing is true and correct. Dated: June 12, 2003,Martinez, CA. "1F '- - ° Danielle Kelly,Deputy Clerk() s rwe "6vony FOE! T<AW PDA' €: Charlotte Heim --- cam ;; ; Trustee of the Heinl Family Frust P.U.Box 284 Bethel Island,Ca 94511 ru Sent 7, Thomas B. Trost Cit/S P.D. Box 584 Bethel Island, Ca 94511 The Board of Supervi0ors Contra Gt John Sweeten (C�o/^� }rra� Clerk of the Board County Administration Building Costa LGL and 651 Pine Street,Room 106 County Administrator Martinez,California 94553-1293 County (5�5)335 i9o0 John Glola,1st District Gayle B.tllilterna,2nd District Donna Gerber,3rd District Mark DeSat.tlnler,4th District Federal Glover,5th District o' ArT.., June 9,2003 Mr.Thomas B.Trost P.O. Box 584 Bethel Island, Ca 94511 Re:Abatement Appeal of 4090 Gateway Rd.,Bethel Island APN#030-140-002 In accordance with Contra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure),you are hereby notified that June 24,2003 at 9.30 a nL is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned property is a public nuisance in violation of the following Ordinance Code sections: Ord.82-2.002,82.2.006,84-38.402 Junkyard Conditions,uses permitted in A-2; Ord.82-2.002,82-2.006 Storage of Truck Boxes, Commercial Vehicles and Debris Containers are being improperly stored at the above-mentioned site, Adoption of the zoning ordinance CCC Ord.Land Use Enforcement,82-2.002,84-68.1404 Vessels and Trailers are being stored improperly at the mentioned site,Adoption of the Zoning-Improper storage of a vessel; 82-2.002,82-2.006,84-68.1402 Occupied Mobile Home exists at the mentioned site without a land use permit,Adoption of Zoning Ordinance,Improper Land Use,Inhabited Mobile Home; 82-2.002, 82-2.006,84-38.402,Contractor's Storage Yard exists at the above-mentioned site,Adoption of Zoning Ordinance-Land Use Enforcement-Uses Permitted in A-2. The violations are on property located at 4090 Gateway Road,Bethel Island. 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 14-6.418.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 $y y �'Y• Danielle Kelly,Deputy Clerk attachment cc.County Counsel .Building Inspection File List DATE: May 5, 2003 TO: Carlos Baltodano,Director Building Inspection Department Attn: Terry Plys,Building Inspector I FROM: Danielle Kelly, Deputy Clerk Clerk of the Beard of Supervisors SUBJECT: Abatement Appeal by Thomas B.Trost 4090 Gateway Rd.,Bethel Island,APN#030-140-002 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. Ordinance Codes described on the attached Notice and Order to Abate issued March 31, 2003. 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. a 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 24,2043 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) P.0011002 t.AY-01-2(W(THJ) 12:54 j w roe l NOTICE AND ORDER TO ABATE C.C.C.ORDINANCE.CODE 14-6.410 NOTICE IS HEREBY GWEN lt ttus 2 , dy has,funk vara condltlom- 1rac}e of Les # Itahm A-nA u on s ra r n.the jib� "Co Qrd 82<dE22< - Eljj W 38A02. Junk Yard Conditions,uses permitted in A-4. SWIgn CCC Ord-Q-_2,002,82-2,. 013- Storage of Truck Boxes,Commercial Vehicles and Debris Containers are being Improperly stored at the above- mentioned site. Adoption of the zoning ordinance CCC Ord. land Use Enforcement Seection CGC Ctrd.82.2&€I2,I34 .1, M,V0160111 and Trallere are Ding stored Improperly at the mentioned slt+s. Adoption of the Zoning-Improper storage of a vessel. $ >anQQ&Ord 82-=Z JW2ML 8 #4tt2. Occupied Motile}lame exists at the mentioned site without a land use permit Adoption of Zoning Ordinance. Improper land use. inhabited Mobile Home. SS G Ord 2.i� 2a . 4 mcontreator's Storage Yard exists at the above-mentlon*d site. Adoption of Zoning Ordinance-Land use enforcement-Uses permitted In A-2. Of the Contra Costa County Ordinance Code. The violation has been declared a public nutsa,nce by County Abatement officer and must be abated immediately. The public nuisance is on property located x€390 ratway fiid..Ithe+I island APN# 030-140.002 Owner• T,2m B.Trost (0 mor 4n I"t egWfted ameamont ratty ar as othorAW MQVw YOU ARE HEREBY ORDERED TO ABATE SAID PUSUC NUISANCE within ten L14D 4 c*ajgML0jM calendar days from than issuanoe of this Larder. The issuance date Is specified below_ You may abate the nuisance by: -7� a 7 I. Remove all debris and junk including but not limited to concrete, building materials,time and scrap metal from property. 2. Remove all Truck Boxes, Commercial Vehicles, and debris containers from property- 3. Remove all Vessels,and Trailers from property 4,. Cease and dist occupation of motrliee harries and remove from property or obtain a land use permit for a ceretaker"s homer. . Cease and desist the storm of all construction maWals and equipment by removing from the mentioned site. If you fall to abate the public nuisances within the number of clays specified,the county may order this.abatoment by,public employees,private contmaw,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 sante time and in the same manner as ordinary county taxes are collected,subject to the same penalties,procedures and sales in cease of delinquency. MAY-01-2003(THU) 12.55 P.002I002 YOu mAy APP!=AL I`R6M 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 bre in writing,specify the reasons for the appeal,contain your name, address and telephone number, to accompanied by an appeal fee of • H-NDRE9 TWENTY FIS dollars 12 , ;and be submitted to the Cleric of the Board of F1119#rsrlsors at the foltowing address: CLERK OF THE BOARD OF SUPERVISORS,COUNTY OR CONTRA COSTA 6551 PINE STRUT,IOT 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 Clark of the Board will cause the matter to to set for hearing before the Board of Supervisors and notify you of the date and location of the hearing, if you have any questions regarding this matter,you may direct there to the county officer issuing this notice at the address or telephone number listed below. ISSUANCE DAT4-MARCH 3i.2003 Ta Pt 421' BUILDING INSPECTOR I Co: Mike Silva Gano Thomas Dennis Barry Vincent Manual .Lynn Relchard TP:cje vn#icrm.revlfEi� MAY-01- THA 14:66 P.001/001 AVP>: XVI:T OF P"TXNG, SPJMCZ BY ffi= OR RAS DXLXVZRY STATE 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: _ 1. S deposited attached document(s) in the United Skates Pont Office in the City of Brentwood, certified mail postage prepaid, return receipt requested, to be persons hereinafter set forth and in the 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/O the County Clerk. 4. Hand delivered. Phomas B. Trost P,O. Box 584 Bethel Island, CA 94511 Charlotte Heim, Trustee of the Heinl Family Trust P.J. Box 284 Bethel Island, CA 94511 Instr# 99-95972 Contra Costa County Family Support Division 50 Douglas Dr. #100 Martinez, CA 94553 Instr# 96-146916 Contra Costa County Tac Collector 625 Court St. Rm 100 Martinez, CA 94553 Instr# 01-323420 SITE: 4090 Gateway Road, Bethel Island, CA ABN: 030-140-002 Said notices were mailed/posted on xaarch 31. 2003. I declare wieder penalty of perjury that the foregoing is true and, correct. Bated: March—31. 2003 at Brentwood, California. Y FLYS S XLDSNG INSPBCTOR Pi CEIv E ,AY Q2003 » s � € OR ,xTR34, U V .e.REQUEST FOR WAIVER OF` THE $125 FILING FEE pn�S tL�!!ry �:, .c; C.�Y riLf�PfS Lt3... Fk int>t4fYL? l t7ti C`GF1Fi7aJ CO RAC0S ACQ. Individuals requesting a waiver of the $125 filing fee for appealing the decision of the County Abatement officer before the Board of Supervisors must satisfy one or more of the following conditions to demonstrate economic harship: 1. Appellant is legally indigent, 2. Appellant is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs, the Aid. to Families with Dependent Children (AFDC) program, or the Food Stamp program (Section .17000 Welfare and Institutions Code) . 3. Appellant has a monthly income of $125% or less of the current monthly poverty line annually established by the U. S. Secretary of health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1951, 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. 14-6.416; Gov. Code Sec. 68511.3)- w 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 Offi er a stated in the Order to Abate a Public Nuisance dated I declare under penalty of penury that the foregoing statement, including any accompanying statement(s) or document(s) in support of this request, is true and correct. -(Signature of Appellant) on � 3 ( ate) at (C ty, tate)