HomeMy WebLinkAboutMINUTES - 03162004 - SD.3 � t
a
Contra
TO: BOARD OF SUPERVISORS i
= - = Costa
FROM: CARLOS GALTODANO, DIRECTOR ; e�
t
BUILDING INSPECTION DEPARTMENT � County
DATE: March 16,2004
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
122 Shore Rd. , Bay Point, CA
AFN:098-064-002
OWNER: Jose & Maria Del Rio Alvarez
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
OPEN the hearing on the appeal of the Notice and Order to Abate a public nuisance on the real
property located at 122 Shore Rd. , Bay Point, CA in Contra Costa County; APN:098-064-002;
RECEIVE and CONSIDER oral and written testimony and other evidence from the County Abatement
officer, the property owners, and other persons; and CLOSE the hearing.
FIND that the facts set forth below are true.
AFFIRM the County Abatement officer' s determination in the Notice and order to Abate by
finding that the improper stored boat, auto parts, building materials, furniture, landscaping
materials, junk and debris, contractor' s yard and an illegal deck on the above-referenced
real property is a public nuisance in violation of Contra Costa County ordinance Code Section
84-4.402, 84-68.1404, CBC 106.1.
ORDER the property owners to abate the public nuisance by either adequately screening the
boat from public view or remove the boat, cease and desist the contractor' s yard, obtain
approval and permits for the illegal deck or remove the deck, remove the auto parts, building
materials, furniture, landscaping materials, and junk and debris from the property within 30
days of the mailing of the Board's decision.
DIRECT the County Abatement officer to remove the improper stored boat from the property and
to remove auto parts, building materials, furniture, landscaping materials, junk and debris,
equipment related to the contractor' s yard, and deck, and charge the cost of all the work and
all administrative costs to the property owners, if the property owners do not comply with
the Board' s order to abate the public nuisance.
DIRECT the County Abatement Officer to send the Board' s decision by first class mail to the
property owners and to each party appearing at this hearing, and to file the Board's decision
with the Clerk of the Board of Supervisor.
FISCAL IMPACT:
The cost of removing the boat, auto parts, building materials, furniture, landscaping
materials, junk, debris, contractor' s yard and deck from the property is estimated to be
$6, 000.00. If the County Abatement officer performs the work of abatement and the property
owners do not pay, the actual cost of the work and all administrative costs may be imposed as
a lien on the property after notice and a hearing, and may be collected as an assessment
against the property.
CONTINUED ON ATTACHMENT: _/ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER.
SIGNATURE(S) :
ACTION OF BOARD ON Mrch 16, 2004 APPROVED AS REC01MMENDED X OTHER .
VOTE OF SUPERVISORS S EM: Jose Alvarez, 122 Shore Road, Bay Point
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS ABSENT Nme 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.
ATTESTED March 16,2004 •
JOHN SWEETEN, CLERK OF
cc: Building Inspection Department THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
Page 1 of 2
TO: BOARD OF SUPERVISORS - Contra
FROM: CARLOS BALTODANO, DIRECTOR
osta
BUILDING INSPECTION DEPARTMENT ,`'d - - County
DATE: March 16,2004
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
122 Shore Rd. , Bay Point, CA
APN:098-064-002
OWNER: Jose & Maria Del Rio Alvarez
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
FACTUAL BACKGROUND:
The real property located at 122 Shore Rd. , Bay Point, CA in Contra Costa County;
APN:098-064-002 is owned by Jose & Maria Del Rio Alvarez.
The above-referenced property is located in an R-6 zoning district.
Contra Costa County Ordinance Code Section Title 8, Chapter 84-4.402 prohibits uses
other than those allowed in an R-6 zoning district. The storage of auto parts, building
materials, furniture, landscaping materials, junk, and debris is not permitted. A
contractor's yard is not permitted.
Contra Costa County Ordinance Code Section Title 8, Chapter 84-68.1404 boat(s) require
adequate screening from public view or removal: storage of mobile homes, travel
trailers, camp cars, vessels, and vessel trailers. The storage in any land use district
of a mobile home, travel trailer, camp car, vessel, or vessel trailer at the residence
of the owner or any other residence is permitted when not used for living or sleeping
purposes; provided, that the mobile home, travel trailer, camp car, vessel, or vessel
trailer shall be adequately screened from view from public roadway or thoroughfare.
California Building Code section, Chapter 1-106.1 Building permits required. Except as
specified in Section 106.2, no building or structure regulated by this code shall be
erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted
or demolished unless a separate permit for each building or structure has first been
obtained from the building official.
The County Abatement Officer made an initial inspection of the above-referenced property
on March 6, 2003. The County Abatement Officer observed boat(s) , auto parts, building
materials, furniture, landscaping materials, junk and debris, contractor's yard and
illegal deck in violation of Contra Costa County Ordinance Code Section 84-4.402, 84-
68.1404, CBC 106.1 Of the California Building.
Re-inspection of the property on March 10, 2003, showed that the property continued to
be in violation of Contra Costa County Ordinance Code Section 84-4.402,84-68.1404, CBC
106.1 Of the California Building.
The Notice And Order To Abate was served on the property owners and all known to be in
possession of the property by certified mail on January 6, 2004 and posted the above-
referenced property on January 6, 2004.
The Property owners filed an appeal of the Notice And Order To Abate on January 8, 2004.
Notice of this appeal hearing was sent to the property owners by first-class mail on
March 4, 2004.
w:personal/boardhearings/alvarez
Page 2 o f 2