HomeMy WebLinkAboutMINUTES - 06202006 - SD.3 TO: BOARD OFContra' SUPERVISORS �� '; ---
FROM: CARLOS BALTODANO, DIRECTOR
Costa
BUILDING INSPECTION DEPARTMENT 'a
..... County
eraC�
DATE: June 20, 2006
SUBJECT: APPEAL OF ABATEMENT ACTION AT:
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SITE: 1030 Delacy Avenue, Martinez, CA
APN: 375-284-005
OWNER: Gary R. Hamilton
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 1030 Delacy Avenue, Martinez, CA in Contra Costa County; APN: 375-284-
005; RECEIVE and CONSIDER oral and written testimony and other evidence from the County
Abatement Officer, the property owner(s) , 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 stored vehicles, household appliances, trash, wood, scrap metal,
illegal addition constructed onto the main residence and occupied shed over 120
square feet located in the backyard setback, on the above-referenced real property is a
public nuisance in violation of Contra Costa County Ordinance Code section 84-14.402, 84-
68.1404, 88-4.206.
ORDER the property owner(s) to abate the public nuisance by removing the stored vehicles,
household appliances, trash, wood, scrap metal, illegal addition constructed on to
main residence and occupied shed over 120 square feet located in the backyard
setbacks, from the property within 30 days of the mailing of the Board decision.
DIRECT the County Abatement Officer to remove the stored vehicles, household appliances,
trash, wood, scrap metal, illegal addition constructed on to main residence and
occupied shed over 120 square feet located in the backyard setback, from the property,
and charge the cost of the work and all administrative cost to the property owner(s) , if the
property owner(s) does 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 owner(s) 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 the removing the stored vehicles, household appliances, trash, wood, scrap
metal, illegal addition constructed on to main residence and occupied shed over 120
square feet located in the backyard setback is estimated to be $20,000.00. If the
County Abatement Officer performs the work of the abatement and the property owner(s) does
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) :
ACTIJJ��N OF BOARD ON APPROVED AS RECOMMENDED
OTH R
//
VOTE OF SUPERVISORS
=�,, �,,, , y I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS ABSENT c,W 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 C�/��""`� �y r 1571x�
CULLEN, CLEIkK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY t- DEPUTY
cc: Building Inspection Department
Page 1 of 2 F
Appeal of Abatement Action
Gary R. Hamilton
June 20, 2006
Page Two
FACTUAL BACKGROUND:
The real property locatediat 1030 Delacy Avenue, Martinez, CA in Contra Costa County; APN:
375-284-005 is owned by Gary R. Hamilton.
The above-referenced property is located in an R-6 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. The Storage of stored vehicles, household appliances,
trash, wood, scrap metal, illegal addition constructed onto main resident and
occupied shed over 120 square feet located in the backyard setback, 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
July 27, 2005. The County Abatement Officer observed. stored vehicles, household
appliances, trash, wood, scrap metal, illegal addition constructed on to main
resident and occupied shed over 120 square feet located in the backyard setback.
Re-inspection of the property on April 6, 2006, 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 owner(s) and all known to be in
possession of the property by certified mail on May 2, 2006, and posted the above-referenced
property on May 2, 2006.
The property owners filed 'an appeal of the Notice and Order to Abate on May 11, 2006. Notice
of this appeal hearing was sent to the property owner(s) and all known to be in possession of
the property by the Clerk of the Board - see Clerk of the Board's mailing confirmation.
Page 2 of 2
•
ADDENDUM TO ITEM SD.2
JUNE 209 2006
SD.2 On this day the Board considered CLOSING the public HEARING on the appeal by Cary
R. Hamilton, Owner, of the notice and order to abate the public nuisance on the property
located at 1030 Delacy Avenue, Martinez area, and staff recommendation to proceed with
abatement at theproperty owner's expense. (Assessor's Parcel No. 375-284-005) (Tyrone
Ridgle, Building inspection Department) (District II)
Supervisor Gioia, after seeing the pictures of the junkyard conditions, asked if the materials in
11
the yard were being recycled as he could see much of the materials were recyclable.
Tyrone Ridgle, Building'Inspector, said the contractor the County hires does not recycle.
Supervisor Gioia these items needed to be recycled. Mr. Baltodano, Director of Building
Inspection Department said the matter would be taken care of.
Supervisor Uilkema asked if hazardous materials were being disposed of properly. Mr.
Baltodano assured her the hazardous materials were being disposed of properly.
Mr. Gary Hamilton, owner of the abated property, said he is working on the projcA but needs
more than the sixty(60) days allotted.
Supervisor Uilkema asked if Mr. Hamilton's proceeding with this project. Mr. Ridgle confirmed
Mr. Hamilton has been working on the property. Supervisor Uilkema agreed sixty(60) days
was sufficient time and told Mr. Hamilton at the end of sixty (60) days if the property was not
suitable to the Inspector that the County would go forward and abate the property at his expense.
She asked Mr. Hamilton if he understood? He said yes.
By unanimous vote with all Board Members present, the Board of Supervisors CLOSED the
public hearing.
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Clerk of the Board of Supervisors Contra John Cullen
Clerk of the Board
Costa- and
-County. -Administration Building—__ ounty-Administrator
651 Pine Street,Room 106 County (925)335-1900
Martinez,California 94553-4068
John Gioia,District I
Gayle B.Uilkems,District 11
Mary N.Piepho,District III
Mark DeSaulnier,District IV of e
Federal D.Glover, District V
odsT-----------
June 9,2006
Mr. Gary Hamilton
1030 Delacy Avenue'
Martinez, CA 94553
Dear Mr.Hamilton:
In accordance with Contra Costa County Ordinance Code 14-6.4(public nuisance),you are hereby notified that
Tuesday,June 20, 2006 at 9:30 am,is the date and time set for the hearing of your appeal from the decision of
the County Abatement Officer. The hearing will be held in the McBrien Administration Building, (comer of Pine
and Escobar Streets)Board of Supervisor's Chambers,Room 107, 651 Pine Street,Martinez,California.
The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code
Section 14-6.4. 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 Cullen,County Administrator
and Clerk of the Board
B A_
Katherine Sinclair,Deputy Clerk
Attachment
cc: County Counsel
Building Inspection
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF
ABATEMENT HEARING for: Mr. Gary Hamilton
1030 Delacy Avenue
Martinez, CA 94553
Notice of hearing for Tuesday, June 20, 2006 at 9:30 am,was mailed this day Friday June 9,
2006.
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 Certified Mail with Contra
Costa County Central Service for mailing by the United States Postal Service in Martinez,
California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled
matter to the following:
Mr. Gary Hamilton
1030 Delacy Avenue
Martinez, CA 94553
Leonard Lim
1030 DeLacy Ave _
Martinez, CA 94553 —
I declare under penalty of perjury that the foregoing is tf r- ,, •
Ln -w
Dated: June 9, 2006 1 L
`M Postage $
Certified Fee postmark
C3 Hare
O Return Reciept Fee
C3 (Endorsement Required)
Katherine Sinclair, Deputy Clerk I Restricted Delivery Fee
C:3 (Endorsement Required)
1-=1 Total Postage 8 Fees
I
f M Sent To
Gary Ham>lton
�� Street,Apt.Nc Mr' avenue
or PO Box No. 1030 Delacy 94553
ciiy,sive,ziF Martinez,CA
r
�- Leonard Lim
1030 DeLac Ave
� "sireec aPt y .__
or PO Box
cry,State; Martinez, CA 94553
Mr. Gary Hamilton Mr. Gary Hamilton Mr. Gary Hamilton
1030 Delacy Avenue 1030 Delacy Avenue 1030 Delacy Avenue
Martinez, CA 94553 Martinez, CA 94553 Martinez, CA 94553
Leonard Lim Leonard Lim Leonard Lim
1030 DeLacy Ave 1030 DeLacy Ave 1030 DeLacy Ave
Martinez, CA 94553 Martinez, CA 94553 Martinez, CA 94553
CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT
AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
I declare that I am a duly appointed, qualified employee
of the Building Inspection Department of the County of Contra
Costa, State of California, that pursuant to Uniform Building Code
Section 102, Uniform Housing Code 1997 Edition, Section 1101 .3, and
Contra Costa County Ordinance Code Chapter 14-6 .4 Uniform Public
Nuisances .
I hand delivered the original Appeal Board Order and 15
copies to the Clerk of the Board regarding the below site address
for further handling. The names below should be notified of the
hearing:
Gary R. Hamilton
1030 Delacy Ave.
Martinez, CA 94553
Leonard Lim
1030 Delacy Ave.
Martinez, CA 94553
SITE: 1030 Delacy Ave. , Martinez, CA
APN: 375-284-005
Said documents were hand delivered on June �, 2006 .
I declare under penalty of perjury that the foregoing is true and
correct.
Dated: June ,;?, 2006, at Martinez, California.
CD CLERK
U
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DATE: June 1, 2006
TO: Building Inspection
Attn: Pam Christian CORRECTED
FROM: Kathy Sinclair.._
Deputy Clerk iJ
SUBJECT: ABATEMENT APPEAL HEARINGS (2): STILES & HAMILTON
This office is in receipt of the attached Appeal and Filing Fee from Gary Hamilton. This office
is also in receipt of a waiver of filing fee ($125) form from Janice Cook, for Edith Delores Stiles,
w Revocable Living Trust. I inadvertently did not get a written appeal from Ms. Cook.
The Board of Supervisors has scheduled this appeal hearing on Tuesday, June 20,2006 at 9:30
a.m. in the Board Chambers.
Please notify this office in writing whether the Board of Supervisors should hear this appeal on
the calendared date. If the appeal is timely and should be heard, please include the names,
addresses and zip codes of all parties to be notified in addition to the Appellant.
If the appeal if to be heard on Tuesday, June 20, 2006 as scheduled,please submit the
appropriate material for Board consideration to this office not later than Thursday, June 8, 2006.
Thank you,
Attachment-Appeal
Cc: County Counsel
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I am , I have read the
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Appeal from Contra Costa County's
and know the contents
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thereof and the same is true of my own knowledge except for matters therein
stated on information and belief, and as to those matters, I believe them to be
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I declare under penalty of perjury under the laws of the State of
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Executed this f day of
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DATE: June 1, 2006
TO: Building Inspection
Attn: Pam Christian
FROM: Kathy Sinclair. C
Deputy Clerk
SUBJECT: ABATEMENT APPEA/EARJINGS TILES
This office is in receipt of the attach Appeal and Waiver of Filing Fee from n
This office is also in receipt of an a atement appeal, with a waiver of filing fee ($125) form from
Janice Cook, for Edith Delores St* es, Revocable Living Trust.
The Board of Supervisors has cheduled this appeal hearing on Tuesday, June 20, 2006 at 9:30
a.m. in the Board Chambers.
Please notify this office i writing whether the Board of Supervisors should hear this appeal on
the calendared date. If t e appeal is timely and should be heard, please include the names,
addresses and zip code of all parties to be notified in addition to the Appellant.
If the appeal if to be eard on Tuesday, June 20, 2006 as scheduled, please submit the
appropriate materi for Board consideration to this office not later than Thursday, June 8, 2006.
Thank you,
Attachme -Appeal
Cc: C unty Counsel