HomeMy WebLinkAboutMINUTES - 05182004 - SD.3 TO: BOARD OF SUPERVISORSContra
Cos�J
FROM: CARLOS BALTODANO, DIRECTOR "° t
BUILDING INSPECTION DEPARTMENT County
DATE: March 16,2004
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
293 Driftwood Dr. , Bay Point, CA
APN:098-180-016
OWNER: Luis & Dixie Grassi
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 293 Driftwood Dr. , Bay Point, CA in Contra Costa County; APN:098-180-016;
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 two (2) land/sea container(s) , auto parts, building materials, furniture,
numerous barrels, tires, appliances, junk, debris and the three (3) boats and three (3)
travel trailers on the above-referenced real property is a public nuisance in violation of
Contra Costa County Ordinance Code Sections 84--14. 402, 84-68. 1404, 88-4 .206.
ORDER the property owners to abate the public nuisance by removing the two (2) land/sea
container(s) , auto parts, building materials, furniture, numerous barrels, tires, appliances,
sunk and debris from the property within 30 days of the mailing of the Board decision. Also
remove or adequately screen the three (3) boats and three (3) travel trailers from public
view or thoroughfare within 30 days of the mailing of the Board decision.
DIRECT the County Abatement Officer to remove the land/sea container, auto parts, building
materials, furniture, numerous barrels, tires, appliances, junk, debris and the improper
storage of three (3) boats, three (3) travel trailers from the property, and charge the cost
of 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 land/sea container, auto parts, building materials, furniture,
numerous barrels, tires, appliances, junk, debris and the three (3) boats and three (3)
travel trailers from the property is estimated to be $9, 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 roperty.
CONTINUED ON ATTACHMENT: f YES SIGNATURE:
I 4za4�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON May 18, 2004 APPROVED AS RECa4aNDED OTHER X
See attached addendun for Board action
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS ABSENT Nome 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 May 18, 2004
JOHN SWEETEN, CLERK OF
cc: Building Inspection Department THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
DEPUTY
Page 1 of 2
TO: BOARD OF SUPERVISORSCon ra
+
Costa
FROM: CARLOS BALTODANO, DIRECTOR s s
BUILDING INSPECTION DEPARTMENT County
DATE: March 16,2004
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
293 Driftwood Dr. , Bay Point, CA
APN:098-180-016
OWNER: Luis & Dixie Grossi
SPECIFIC REQUEST(S) OR RECOMMENDATION S) & BACKGROUND AND JUSTIFICATION
FACTUAL BACKGROUND:
The real property located at 293 Driftwood Dr. , Bay Point, CA in Contra Costa County;
APN:098-1.80-016 is owned by Luis & Dixie Grossi.
The above-referenced property is located in an R-20 zoning district
Contra Costa County Ordinance Code section Title 8, Chapter 88-4.206 Junkyard Condition
„Junkyard" means any property used (whether or not for profit or gain) for (1) the
dismantling or wrecking of automobiles or other vehicles or machinery, or (2) the storage or
salvage of automobiles or other vehicles or machinery, scrap metal, or other scrap materials,
including salvaged building materials.
Contra Costa County Ordinance Code Section Title 8, Chapter 84-14.402, prohibits uses
other than those allowed in an R-20 zoning district. The store of land/sea container(s) ,
auto parts, building materials, furniture, numerous barrels, tires, appliances, junk,
debris and the three (3) boats and three (3) travel trailers are not allowed.
Contra Costa County Ordinance Code Section Title 8, Chapter 84-68.1404, travel trailer
requires adequate screening 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.
The County Abatement Officer made an initial inspection of the above-referenced property
on February 20, 2003 . The County Abatement Officer observed from the street two (2)
land/sea container(s) , auto parts, building materials, furniture, numerous barrels,
tires, appliances, junk, debris and the improper storage of three (3) boats and three
(3) travel trailers in violation of Contra Costa County Ordinance Code Sections 84-
14.402,84-68.1404, 88-4.206.
Re-inspection of the property on April 25, 2003, showed that the property continued to
be in violation of Contra Costa County Ordinance Code section 84-14.402,84-68.1404, 88-
4.206.
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 14,
2004. Notice of this appeal hearing was sent to the property owners by first-class mail
on March 4, 2004.
w:personal/boardhearings/gross i
Page 2 of 2
ADDENDUM TO ITEM SD.3
May 1&, 2004
On this date, the Board of Supervisors considered the Abatement appeal of Luis &Dixie Grossi
on the property located at 293 Driftwood Drive, Bay Point.
Tim Griffith,Building Inspection Department advised that the appellants, Mr. and Mrs. Grossi
have made progress eliminating the violations. Once the storage container is removed, the
property will be in compliance. The owners are currently out of the country and will return
September 1, 2004 and agreed to remove the container upon their return. The owner has agreed
to withdrawal the appeal. The Building Inspection Department has advised there is no further
action necessary.
Supervisor Glover moved accept the recommendation. Supervisor Gioia second and the Board
took the following action:
• ACCEPTED the withdrawal of the appeal by Luis and Dixie Grossi(Owners) from
the decision of the County Abatement Officer declaring a public nuisance on
property located at 293 Driftwood Drive,Bay Point.
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SD.3
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Carder on March 16, 2004 by the following vote:
AYES: Supervisors Gioia,Uilkema, Greenberg,DeSaulnier and Glover
NOES: None
ABSENT: None
ABSTAIN: Nene
SUBJECT: ABATEMENT APPEAL BY Luis & Dixie Grossi,293 Driftwood
Drive, Bay point
CONTINUED to May 18, 2004 at 9:34 a.m.
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
Attested: March 16, 2044
John Sweeten, Clerk of the Board
C)f Supervisors and County Admi 'strator
By: Al
Deputy Clerk
Contra John Sweeten
Clerk of the .Board of Supt isors L _ Clerk of the Board
Costa �nici
y ation Building County Administrator
County Admtntsr"` + (925)335-1900
651 Pine'Street Room.106 County
Martinez,California 94553-40618
,John Gioia,District I
Gayle B.Uilkerns,District 1.1
Millie Greenberg,District III
Mark DeSaulnier,District IV
Federal D.Clover, District V
March 3, 2004
Luis&Dixie Crrossi
293 Driftwood Drive
Bay Point, Ca 94565
RE: APN#098-180-016
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 a.m. 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, 2044. The violations are on property located at 293 Driftwood Drive,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 Cleric of the Board
ByeGU�! ,t�. .
Danielle Kelly,Deputy Clerk-
cc:County Counsel
Building Inspection
File List
aria _ 7 > r
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%. e4NER: Luis Dixte Grosst
NOTICE AND ORDER TO ABATE
C.C.C. ORDINANCE CODE 14-6.410 f �,
NOTICE IS HEREBY GIVEN that Junkyard conditions. Land Sea Containers and Improper storage
of boats , 5 Wheel and mobile home exists at the property and are in violation of:
1. Junkyard Conditions C.C.C. Ord. 88-4.208: Adoption of the Zoning Ordinance. C.C.C. Ord.
82-2.002— Land Use Enforcement. C.C.C. Ord. 82-2.006 (Uses Permitted for zoning of lot R-
20 C.C.C. Ord. 84-14.402)
2. Land Sea Containers in a R-20: (Uses Permitted for zoning of lot a R-20 C.C.C. Ord. 84-
14.402)
3. Improper storage of boats, 5 Wheel and mobile home: Adoption of zoning ordinance.
C.C.C. Ord. 82-2.002 Improper storage of recreational vehicles C.C.C. Ord. 84-68.1402
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: 293 Driftwood Dr., Bay>.Point, CA>94565
APN#098-180>.016``
Owner: 'Luis & Dixie Gross!
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ten (10) 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 and debris including but not limited to, garbage, furniture, building
materials and automotive parts from property.
2. Remove land sea container from property.
3. Remove boats, 5 Wheel and mobile home from property or adequately screen from view
from public roadway or thoroughfare
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 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 ($125.00); and
be submitted to the Clerk of the Board of Supervisors at the following address:
%..JERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
651 PINE STREET, 1sr 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 Wright
odilding Inspector 1
(925) 427-8843
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uniforrn.rsv$131199
AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA }
I declare that 1 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 2033 and Uniform Housing Code 1990 Edition,
Sections 1101., 11.02 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 form 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.
Luis Grossi and nixie Grossl
293 Driftwood Drive
Bay Point, CA 94555
Bank of America, NT and SA
P.O. Box 2290
Rancho Cordova, CA 95741
Bank of America, N.A.
P.O. Box 2314
Rancho Cordova, CA 95741
SITE: 293 Driftwood Drive, Bay Point,CA
APN: 098--150-016
Said notices were mailed/posted on January 6, 2004
I declare under penalty of perjury that the foregoing is true and
correct.
Dated: Janu4ry_ 6, 20074 at Brentwood, California.
au,
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BUILDINGINSPECTOR I
F'TW:Vea
BOARD OF SUPERVISORS, CONTRA COSTA COUNT',
CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF )
Luis&Dixie Grossi )
293 Driftwood Drive )
Bay Point,Ca 94565 )
z APN#098-180-016 )
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 certified mailing,a
copy of the hearing notices,in the above matter to the following persons as stated below
Luis&Dixie Grossi
293 Driftwood Drive
Bay Point,Ca 94565
Bank of America NT and SA
P.O.Box 2290
Rancho Cordova,Ca 95741
g ' Bank of America NA
P.O.Box 2314
echo Cordova,Ca 95741
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oing is true and correct.,Martinez,CA.
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rte: ` 6 Danielle ielle Kelly,Deputy Clerk
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ru :!ss,°r r Bank of America, N.A.
C3 ss:; P.O. Box 2314
st Rancho Cordova, CA 95741
DATE: February 11, 2404
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: Luis & Dixie Gross!
293 Driftwood Drive,Bay Point APN#098-180-016
This office is in receipt of$125.00(check) and a letter to appeal(see attached copy)the
above entitled matter, from the decision of the County Abatement Officer declaring that
junkyard conditions, land sea containers and improper storage ofboat(s), 5 wheel and
mobile home exists at the property and is violation of C.C.C. Ordinance Code 14-6.410
listed on the attached Notice and Order to Abate dated January 6, 2044.
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;
r 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, 2044, 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
RECEIVED
JAN 1 5 2004
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
January 14, 2003
Clerk of the Board of Supervisors
County of Contra Costa
651 Pine Street, 1 St Floor
Martinez, CA 94553
Attn: Fred Wright, Building Inspector
Bear Mr. Wright:
I hereby request an extension of time to answer your notice. I do not understand it and need to
hire an attorney to help me. My oldest son will be home by then to help me. I am 87 years old
and have owned this property for many years.
My wife and I have both been ill and have had numerous doctor appointments weekly and due to
bad weather have not had a chance to address these issues. Please give me an extension to March
15'to handle this matter.
Respectfully,
r � ,
Luis Grossi
rRn'F g
AAI 0 7 REG`
NOTICE AND ORDER TO ABATE
G.C.C. ORDINANCE CODE 14-6.410
NOTICE IS HEREBY GIVEN that Junhyar4 conditLons, n ea CoPAP-1-ners and improper story e
of boa 5 Wh el and mobll o e exls al.-the p1pReftand are in violation of:
1. Junkyard Conditions C.C.C. Ord. 88.4.206: Adoption of the Zoning Ordinance. C.C.C. Ord.
82-2.002— Land Use Enforcement. C.C.C. Ord. 82-2.0061 (Uses Permitted for zoning of int R-
20 C.C.C. Ord. 84-14.402)
2. Land Sea Containers In a R»20: (Uses Permitted for zoning of lot a R-20 C.C.C. Ord, 84-
14.402)
3. improper storage of boats, 5 Wheel and mobile home: Adoption of zoning ordinance.
C.C.C. Ord. 82-2.002 improper storage of recreational vehicles C.C.C. Ord. 84.68.1402
of the Contra Costa County Ordinance Cade. 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: 283 Qdhwood-Or,. DAy f!olnt CA 94565
APN #09-8~180--016
Qwn r. Lula & Dixie Grossl
YOU ARE HEREBY( ORDERED TO ABATE SAID PUBLIC NUISANCE within ten 10 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 and debris Including but not limited to, garbage, furniture, building
materials and automotive parts from property.
2. Remove land sea container from property.
3. Remove boats, 5 Wheel and mobile home from property or adequately screen from view
from public roadway or thoroughfare
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 ether 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 QNE HU„NOUI �';V.,�ENTY FIVE dollars ($1?5 00), and
be submitted to the Clerk g`the Board gf SuRtrylagm at the following address:
ERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
651 PINE STREET, 13T 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 Beard 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
elow:ISSUANCE GATE, January 6i2004
d Wright
"iiding Inspector I
(925) 427-8843
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i
I
AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY
STATE OF CALIFORNIA �
COUNTY OF CONTRA COSTA }
declare that I am a duly appointed, and qualified
employee of the Building inspection Department of the County of
Centra Costa, State of California, that pursuant to Uniform
Building Code Section 2013 and Uniform Housing Code 1990 Edition,
Sections 1101, 1102 and Chapter 1, Subchapter 1, Title 25 of the
California Administrative Code:
1 . 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 in the form attached hereto.
, 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.
Luis Grossi and Dixie Grossi
293 Driftwood Drive
.Bay Point, CA 94565
Bank of America, NT and SA
P.O. Box 2290
Rancho Cordova, CA 95741
Bank of America, N.A.
P.O. Box 2314
Rancho Cordova, CA 95741
SITE: 293 Driftwood Drive, Bay Point,CA
APN: 0198-180-016
Said notices were mailed/posted on Janu1 y 6
I declare under penalty of perjury that the foregoing is true and
correct.
Dated: January 6- 200-4 at Brentwood, California.
.t2 6alt
red Writ
BUILDIN6 NSPECTOR I
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