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Home My WebLink AboutMINUTES - 03162004 - SD.4 TO:• BOARD OF SUPERVISORS Contra -N :� Costa FROM: CARLOS BALTODANO, DIRECTOR BUILDING INSPECTION DEPARTMENT County DATE: March 16,2004 SUBJECT APPEAL OF ABATEMENT ACTION AT: 122 Shore Rd. , Bay Point, CA APN'0098-064-002 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, 84-68.1404f 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 $6f000.00. 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: j YES SIGNATURE: --map 00e RECOR 1ENDATION OF COUNTY ADMINISTRATOR REC0b1MENDATION OF BOARD COMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON March 16. M APPROVED AS REC01xJMENDED x OTHER VOTE OF SUPERVISORS SP`FAKM: Jose Alvarez, 122 Shore Road., Bay Point I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS ABSENT Nom 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 lb,2004 JOHN SWEETEN, CLERK OF cc: Building Inspection Department THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY-1. L�?�(_f DEPUTY U Page 1 of 2 St. TO: BOARD OF SUPERVISORS '' -.r-- •: ntr oa °' �•o�'"- Costa FROM: CARLOS BALTODANO, DIRECTOR 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 of 2 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF Jose&Maria Del Rio Alvarez 122 Shore Road Bay Point,Ca 94565 APN#098-064-002 I declare under penalty of perjury that I am now,and at all times herein mentioned have been,a citizen of the United States,,over age 18;and that today I deposited with Contra Costa County Central Service for mailing a copy of the hearing notices,in the above matter to the following persons as stated below Jose&Maria Del Rio Alvarez 122 Shore Road Bay Point,Ca 94565 Jose Alvarez 122 Shore Road Bay Point,Ca 94565 World Savings Bank P.O.Box 659548 San Antonio,TX 78265-9548 1 declare under penalty of perjury that the foregoing is true and correct.,Martinez,CA. Date: March 4.2004 ba'nielle Kelly,Deputy Clerk Clerk of the Board of Su ervi- rs Contra John Sweeten Clerk of the Board Costa and County Administration Building County Administrator 651 Pine Street,Room 1.06 County (925)335-1900 Martinez,California 94553-4068 John Gioia,District I Gayle B.Uilkema,District 11 Millie Greenberg,District III Mark DeSaulnier,District IV Federal D.Glover, District V vK March 3, 2004 Jose&Maria Del Rio Alvarez 122 Shore Road Bay Point, Ca 94565 RE:APN#098-064-002 In accordance with Contra Costa County Ordinance Code Section 14-6.410 (public nuisance), you are hereby notified that March 16, 2004 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 a public nuisance and is violation of the C.C.C. Ordinance codes as described on the attached Order and Notice to Abate dated January 6, 2004. The violations are on property located at 122 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 Po'ard By -" ]Yaler Viii, .- - - Danielle Felly,Deputy cc:County Counsel Building Inspection File List DATE: February 11, 2004 TO: Carlos Baltodano, Director Building Inspection Department Attn: Fred Wright, Building Inspector I FROM: Danielle Kelly,Deputy Clerk Clerk of the Board of Supervisors SUBJECT: Jose Alvarez& Maria Del Rio APN#098-064-002 This office is in receipt of$125.00 (cash) and a letter to appeal (see attached copy) the above entitled matter, from the decision of the County Abatement Officer declaring that junkyard conditions, improper storage of a boat(s), contractors yard and a deck that was built without approval and permits exist at the property and are in violation of the C.C.C. Ordinance Code 14-6.410 listed on the attached Notice and Order to Abate dated January 6.92004. The Board of Supervisors has scheduled this appeal for hearing on March 16, 2004 at 9:30 a.m.. If you determine this is not an acceptable appeal,please let us know before this hearing date. Prior to this hearing date we require the following material in our office no later than March 1,2004. ♦ 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 March 16, 2004,hearing date, and will reset the hearing. If you have any questions or concerns,,please contact our office. Thank you. c.c.County Counsel Pam Christian,Building Inspection _,beCNt c �,L fill Of LOOOO qO401 VVILd Ain re a ��s y C%O" 6A .vt & t I r k�� u�o�,� by �' Goc fo °J�� 0 LZR � rev. � � ��y�� c,�� ✓l PI� � W.0 a�n�1mill �� iaq oIII ---Of oIII oIII y6k cah b� OA Alp (p1A{racfo ;�6 � �,, ►,�e a5 w��rO�9e�K ��`s�, s�,r cap jjdfi r filk iovAK� jjy QA O'\0OU�' CL po % t Pq ou V year �Y OWNER: Jose Alvarez& Maria Del Rio NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14w6.410 NOTICE IS HEREBY GIVEN that iunkv and conditionsimproper storage of boat(s) contractors and and a-deck that was built without approval---and p rmits exist at the g)roe rty-and are in violation of: 1. Junkyard Conditions:.Adoption of the Zoning Ordinance. CCC Ord. 82-2.002 — Land Use Enforcement. CCC Ord. 82-2.006 (Uses Permitted for zoning of lot Rw6 CCC Ord.. 84-4.402) 2, Improper Storage of a Boat(s): Adoption of the Zoning Ordinance CCC Ord, 82-2,002 CCC Ord .84m68.1404 3. Contractor Yard: Adoption of Zoning Ordinance. CCC Ord.82=2.002 Land use Enforcement CCC Ord. 82-2.006 (Uses permitted for zoning of lot R=6 CCC Ord. 84-4.402) 4. Deck built in back of house was built without building permits or approvals: Adoption of the California building Code 74-1.OG2 Building permits required CBC 1-0001 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: 122 Shore Rd. Bay--PoihtCA 94565 AP #098-064w002 owner: Jose Alvarez& Maria Del Rio 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 debris including but not limited to, garbage, appliances, furniture, automotive parts, tools and building materials from property and any other items that may constitute a violation of the Contra Costa County Zoning Ordinance. 2. You are only allowed one recreational vehicle on a Rw6 lot, Remove boats from property or adequately screen one of your boats from public view and remove second boat from property in accordance with Contra Costa County Zoning Ordinance. 3. Remove all Heavy Equipment from property. 4. Obtain all necessary approvals from the building department for the deck. If all approvals and permits are obtained, call for all required inspections and obtain approved final inspection within 60 days of the date the permit was issued. Or obtain demolition permits and remove the deck from property within 30 days of issuing demolition permits. ifyou fail to abate the public nuisance within the number of days specified, the county may order this abatement by public employees, private contractor, or other means. The 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 HUNDRED TWENTY FIVE dollars ($125 and be submitted to the Clerk of the Board of Supervisors at the following address: CLERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 651 PINE STREET, I ST FLOOR, MARTINEZ, CA 94553 One who is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, the Clerk of the Board will cause the matter to be set for hearing before the Board of Supervisors and notify you of the date and location of the hearing. If you have. any questions regarding this matter, you may direct them to the county officer issuing this notice at the address or telephone number listed below. ISSUANCE DATE: January 6, 2004 ./d L, Fr Wright Building lnspel:tor 1 (925) 427-8843 FTW:vea ftersonal/unl.new/l 22 Shore uniform.rev8/31/99