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HomeMy WebLinkAboutMINUTES - 03112008 - SD.4 5D Li SGA TO: BOARD OF SUPERVISORS "';..�p=s_\; Contra FROM: CARLOS BALTODANO, DIRECTOR °; ''�_''"" '"•' Costa BUILDING INSPECTION DEPARTMENT County r, a coii�� DATE : March 11 , 2008 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE : 1222 Rose Street,Crockett, Ca APN: 354-178-008 OWNER: Larry Morris SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: OPEN the hearing on the appeal of uhe Notice and Order to abate a public nuisance on the real or oerty In cated at 1222 Rose Street, Crockett, CA in Contra Costa County; APN: 354-178-008; RECEIVE and CONSIDER oral and written testimony and othor evidence from the county abatement. o: f_cer. , the property owners, and other persons; and CT OSE the hearing. FIND -haz the facts set forth below are true. AFFIRM thc• county abatement officer' s determination in the Notice and Order to Abate by f.i-nding t1lat ' 1-he household debris on the above-referenced real property is a public nuisance in vi:olaticr. of Contra Costa County Ordinance Code section Residential Property Nuisances 720-2.002 & 720-2.006 and the Uniform [-lousing Code 1001.2 and Health and Safety Code 17920.3. ORDER the property owners to abate the public nuisance by removing the household debris from thc: p_op--ty r;iZhir. 30 days of the mailing o_ the Board decision. DIRECT th.". county abaternent officer to remove the household debris from the property, and charge the cost of the work and all administrative cost to the property owners, if the property owner does not comply with the 3oard' s order to abate the public nuisance. DIRECT the county abatement officer to send the Board' s decision by first class mail to the p.rope2:ty owners and to each party appearing at this hearing, and to file the Board's decision with i='ie Clerk of the Board of Supervisor. FISCAL IMPACT: The Cosi of the removing the household debris from the property is estimaEed to be $4000.00. If the county abatement officer performs the work of abatement and the property owner does not pay, the actual cost of the work and all adminis,rative cost 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: / X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APP O HER SIGNATURE (S) : ACTION OF BO ONAPPROVED AS RECOMMENDED,,' OyktR `Tr VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE V UNANIMOUS ABSENT 0 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. ATTESTED6,�iR tj, �� JOHN CULLtN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR DEPUTY cc: ruilding Inspection 2epartment Page 1 of 2 Appeal of Abatement Action at: 1222 Rose Street, Crockett, CA Page Two March 11, 2008 FACTUAL BACKGROUND: The real property located at 1222 Rose Street, Crockett, CA in Contra Costa County; APN: 354- 178-008 is owned by Larry Morris. The above-referenced property is located in an R-6 zoning district. Contra Costa County Ordinance Code section Title 7, Chapter 720-2 .006. Residential Property Nuisance. Residential Property Nuisance means. No person owning, leasing, renting occupying or having possession of residential real property shall maintain or allow the maintenance of the property in such a manner that any of the following conditions exist on the property and are visible from a street, highway, or private road. (a) Attractive nuisance dangerous to children, such as abandoned, broken or neglected equipment, machinery, refrigerators, or freezers, or unsafe pools, ponds, excavation; (b)Shopping carts, household equipment or broken or discarded furniture for an unreasonable period of time. (c) Construction and wood debris, including cuttings, for an unreasonable time. (d) Weeds over eighteen inches in height . The county abatement officer made an initial inspection of the above-referenced property on November 20, 2007. The county abatement officer observed household debris in front sides and back of house and sent out Notice to Comply letter. Re-inspection of the property on December 04, 2007 showed that the property continued to be in violation of Contra Costa County Ordinance Code section 720-2 . 006. In discussion with owner they would like property abated. 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 16, 2008 and posted the above- referenced property on January 16, 2008. The tenant filed an appeal of Notice and Order to Abate on January 31, 2008. Notice of this appeal hearing was sent to the property owner by the Clerk of the Board - see Clerk of the Board' s mailing confirmation. Page 2 of 2 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 13 copies to the County Administrator' s office regarding the below site address for further handling . The names below should be notified of the hearing : Larry Morris Michael Yancey 1222 Rose St . 1222 Rose St . Crockett, CA 94525 Crockett, CA 94525 MERS (American Home Mortgage) MERS (WMC Mortgage) 520 Broadhollow Rd. 3100 Thornton Ave . Melville, NY 11747 Burbank, CA 91504 Jeff Phillips 1526 Lenott St . Redwood, CA 94063 SITE : 1222 Rose St . , Crockett , CA APN: 354-178-008 Said documents were hand delivered on February 15, 2008 . I declare under penalty of perjury that the foregoing is true and correct . Dated : February 15 , 2008 , at Martinez, California. PCD CLER ' ❑ Complete items 1,2,and 3.Also complete A. Sig ature item 4 if Restricted Delivery is desired. ❑Agent ❑ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Mceived by(Printed Name) VF111 Date of DeI ❑ Attach this card to the back of the mailpiece, CCYYOO ry or on the front if space permits. D. Is delivery address different from item 1? ❑ es 1. Article Addressed to: If YES,enter delivery address below: ❑ No ,teff Phillips 1526 Lenott Street Redwood, CA 94063 3. ert ice Type W�'Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise y ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 1680 0004 0174 5305 (Transfer from service label) _ PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No. G-10 ° Sender: Please print your name, address, and ZIP+4 in this box ° Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553-1293 CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF POSTING, SERVICE BY MAIL OR HAND DELIVERY SATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) I declare that I am a duly appointed, qualified employee or -�-he 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 a copy of the original Appeal Board Order to the Clerk of the Board regarding the below site address for further handling . The names below should be notified of the hearing : Larry Morris Michael Yancey 1222 Rose St . 1222 Rose St . Crockett, CA 94525 Crockett, CA 94525 MERS (American Home Mortgage) MERS (WMC Mortgage) 520 Broadhollow Rd. 3100 Thornton Ave . Melville, NY 11747 Burbank, CA 91504 Jeff Phillips ;_526 Lenott St . Redwood, CA 94063 SITE : 1222 Rose St . , Crockett, CA A'-,-3N: 354-178-008 Said documents were hand delivered on February 15 , 2008 . I. declare under penalty of perjury that the foregoing is true and correct . Dated: February 15 , 2008 , at Martinez, California . PCD CLERK ` L��Imcmortgage Legal Department Stephanie Guzman 3100 Thornton Avenue Vice President,Litigation&Loss Mitigation Burbank,California 91504 Direct Telephone: (818)736-7240 (800)542-6508 Direct Facsimile: (818)226-0330 E-Mail: stephanie.guzman@ge.com S C�U E E 1'� IbTJ Via Federal Express February 11,2008 MAR 1 4 2008 CLERK BOARD OF SUPERVISORS Contra Costa County CONTRA COSTA CO. Clerk of the Board of Supervisors County Administration Building 651 Pine Street Room 106 Martinez CA 94553 Re: WMC Loan No. 11608146; LARRY MORRIS Property Address: 1222 ROSE STREET,CROCKETT CA 94525 Document Received: Appeal of Abatement Action Sale Date: 29-Sep-06 Dear Contra Costa County: We are in receipt of your document served on WMC Mortgage Corp. or its registered agent. Please be advised that WMC Mortgage Corp. ("WMC") no longer has any interest in the above-referenced property or loan. WMC assigned the loan to Franklin Credit Management Corp. on the sale date above. It appears that an assignment has not been recorded. Our contact information for Franklin Credit Management Corp. is: Franklin Credit Management Corp. 101 Hudson Street, 25 th Floor Jersey City NJ 07302 201-604-1800x4456 Attn: Alex DeCalik We believe that the foregoing information is sufficient to enable you to dismiss WMC from your lawsuit or matter. If you have any questions or need further information, please contact me immediately. Otherwise, we would appreciate it if you would dismiss WMC as soon as possible and provide me with a copy of the Dismissal. Thank you for your assistance and cooperation. Sincerely, WMC MORTGAGE CORP. Stephanie Guzman Paralegal' Enols._ .. �7 �°'y� � $ c,f \` O $ - ��� } � s i o $ ƒq04 $_ 0 ° s ©UM(\ . . . � . � . \ � & « � Ir � % « � U r $ ƒ ON \ \ $ \ CD ƒ 2 � c 00/0 o � - & % / <\� / o . :�¥> Clerk.of the Board of Supervisors Contra John Cullen Clerk of the Board Costa and County Administration Building County Administrator 651 Pine Street, Rooth 106 County (92.5)335-1900 Martinez,California 94553-4068 John Gioia,District .1 Gayle B.t1ilkerna.District 11 k— Mary N.Iliepho,District III Susan A.Bonilla,District IV .. ......... Federal D.Glover, District V SQA COi1KTY February 28, 2008 Mr. Larry Morris 1222 Rose Street Crockett, CA 94525 RE: Abated Property: 1222 Rose Street,Crockett,CA. Dear Mr. Morris; In accordance with Contra Costa County Ordinance Code 14-6.4 (Uniform Public Nuisance Abatement Procedure), you are hereby notified that Tuesday,March 11,2008 at 9:30 am, is the date and time set for the hearing Of Your appeal frorn the decision of the County Abatement Officer declaring that the above-mentioned property is a public nuisance in violation of the following Ordinance code section(s): 720-2.002 & 720-2.006 and the Uniform g Housing Code 1001.2 and Health and Safety Code 17920.3. The hearing will be held in the McBrien I I Administration Building, (corner of Pine and Escobar Streets) Board of Supervisor's Chambers, Room 107, 651 Pine Street, Martinez, California. The hearinc, 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 cu/" katherine Sinclair, Deputy Clerk Attachment cc: County Counsel Building Inspection r CONTRA COSTA COUNTY ORDINANCE CODE,ARTICLE 14-6.4 UNIFORM PUBLIC NUISANCES ABATEMENT PROCEDURE 14-6.402 Uniform procedure. This article shall be known and may be cited as the "Uniform Public Nuisance Abatement Procedure."It is enacted pursuant to Government Code Section 25845 and is intended to be an alternative procedure for the abatement of any violation of this code which violation is declared to be a public nuisance. (Ord. 88-88 § 2). 14-6.404 Definition. The term"county abatement officer"means the county officer responsible for enforcing the county ordinance code provision being violated,which violation has been declared to be a public nuisance. (Ord. 88-88 § 2). 14-6.406 Summary abatement. (a) Nothing in this article prohibits the summary abatement of a nuisance upon order of the board or upon order of any other county officer authorized by law to summarily abate nuisances, if the board or officer determines that the nuisance constitutes an immediate threat to public health and safety. (b) If a public nuisance is summarily abated, the county abatement officer shall keep an account of the cost of abatement and bill the property owner for the cost of abatement. The bill shall be sent by certified mail to the last known address of the property owner. Simultaneously, the bill may be sent by regular mail. If the bill sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular mail. (c) If the bill is not paid within 45 days from the date of mailing, the county abatement officer may proceed to obtain a special assessment and lien against the owner's property in accordance with the procedures set forth in this article, except that, in addition to a review of the costs of abatement, the board shall also hear and determine any issues relative to the necessity for the abatement or the manner in which the property was declared to be a public nuisance and summarily abated. (Ords. 2007-18 §2, 88-88 § 2.) 14-6.408 Scope. Whenever a public nuisance is declared, it may be abated in accordance with the procedures provided in this article. The procedures set forth in this article are not exclusive but are cumulative to all other civil and criminal remedies provided by law.The seeking of other remedies shall not preclude the simultaneous commencement of proceedings pursuant to this article.(Ord. 88-88 § 2). 14-6.410 Nuisance declared. A county abatement officer may declare a public nuisance for any reason specified in this code. Once a public nuisance is declared,the county abatement officer shall issue a notice and order to abate substantially in the following form: "NOTICE AND ORDER TO ABATE NOTICE IS HEREBY GIVEN that(specify the condition constituting the nuisance)of the Contra Costa County Ordinance Code. The violation has been declared a public nuisance by the(county abatement officer)and must be abated immediately. The public nuisance is on property located at(insert address or other legal property description). YOIJ ARE HEREBY ORDERED TO ABATE SAID PUBLIC NIASANCE within(insert 10 days or other reasonable period)consecutive calendar days from the issuance of this order.The 1 issuance date is specified below. You may abate the nuisance by(insert desired action which, if taken, will adequately remedy the situation). If you fail to abate the public nuisance within the number of days specified, the county may order its 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 sale 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 dollars 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, 1 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: (Name,title, address and telephone number of the county abatement officer issuing this notice.)" (Ord. 88-88 § 2). 14-6.412 Service. The notice and order to abate will be served by the method specified either in subsection (a)or subsection(b). (a) Certified mail and posting. Certified mail will be addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known, and addressed to anyone known to the county abatement officer to be in possession of the property at the street address of the property being abated. Service is deemed completed upon the deposit of the notice and order to abate,postage pre-paid,in the United States mail. Simultaneously,the notice and order to abate may be sent by regular mail. If the notice and order to abate sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular mail. Posting of the notice and order to abate will be conspicuously on or in front of the property. If the property has no frontage,posting will be on the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner. The failure of a person to receive a properly addressed service shall not affect the validity of the proceedings. (b) Personal service. Personal service is deemed complete on the date the notice is personally served. (Ords. 2007-18 §3, 88-88 §2.) 14-6.414 Recording. (a) The county abatement officer may record with the Contra Costa County Recorder a notice of pending nuisance abatement proceeding. A notice of pending nuisance abatement proceeding will describe the property and the condition in violation of the code. Before recording a notice of pending nuisance abatement proceeding, the county abatement officer will serve on the record owner of the property a notice of intent to record a notice of pending nuisance abatement proceeding. Following recordation of a notice of pending nuisance abatement proceeding, the county abatement officer will serve a copy of the recorded notice. (b) If a notice of pending nuisance abatement proceeding is recorded,the county abatement officer shall serve on the record owner of the property a notice of final disposition when the nuisance abatement proceeding has been completed, including any appeals and the completion of any work necessary to abate the nuisance. If the work to abate the nuisance is performed at County expense, the notice of final disposition need not be issued until those costs have been paid or a lien for those costs has been recorded. The notice of final disposition may be recorded by any party that was served with the notice of pending nuisance abatement proceeding. (c) All notices specified in this section will be served in the manner specified in Section 14-6.412. (d) A county abatement officer is not required to record a notice of pending nuisance abatement proceeding before issuing a notice and order to abate pursuant to Section 14-6.4.10. (Ords.,2007-18 §4, 88-88 §2.) 14-6.416 Appeal procedure. (a) Any owner or other person in possession of the property may appeal to the board within the number of days specified in the notice and order to abate.The appeal shall be submitted in writing, specify the grounds upon which the appeal is taken,contain the name, address and telephone number of the appellant, and be filed with the clerk of the board. (b) An appeal filed with the clerk of the board must be accompanied by an appeal fee. The amount of the appeal fee will be determined periodically by the board based upon the costs incurred by the county in processing appeals pursuant to this article. The calculation will include all costs of the county abatement officer, the clerk of the board, and any other county department that is involved in the processing of appeals,but will exclude actual costs for any work of abatement. If the appellant claims an economic hardship in paying the appeal fee,the appellant may submit an application for waiver of the appeal fee on forms provided by the clerk of the board for that purpose.The forms will be substantially similar to those required of litigants initiating court proceedings in forma pauperis pursuant to Section 68511.3 of the Government Code.The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained in the forms. The clerk of the board may grant the appellant up to three business days beyond the expiration of the appeal period to complete and submit the fee waiver forms,provided the appeal was timely filed. The appeal fee will be waived upon the timely submittal of the completed fee waiver forms. (c) .Failure to submit the completed fee waiver forms or nay the appeal fee in a timely manner shall cause the appeal request to be automatically denied. Enforcement of the order to abate may then proceed as if no appeal request had been submitted. (d) Upon the filing of a timely and complete appeal, including payment of the appeal fee or submission of completed fee waiver forms, the clerk of the board will set the matter for hearing before the board. The clerk of the board will notify the parties in writing of the date and location of the hearing at least ten days prior to the hearing date. Further abatement action shall be stayed until the appeal is acted upon. (e) If the appeal fee is paid and the board finds there is no public nuisance,the appeal fee shall be refunded to the appellant without the payment of any interest that could have accrued. (� The failure to file a timely and complete appeal of a notice and order to abate shall be deemed to be a failure to exhaust administrative remedies. (Ords. 2007-18 §5, 88-88 §2.) . 1 14-6.418 Hearing procedure. (a) At the hearing before the board, the appellant will be given the opportunity to present oral and written testimony and other evidence, and to present oral and written argument. (b) The hearing need not be conducted according to technical judicial rules relating to evidence,witnesses and discovery. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs,regardless of the existence of any common law or statutory rule that might make improper the admission of the evidence over objection in civil actions. Irrelevant or unduly repetitious evidence may be excluded. The board may, from time to time, adopt procedures to govern hearings in further detail. (c) The hearing may be continued from time to time upon the request of a party to the hearing and upon a showing of good cause. (Ords. 2007-18§6, 88-88 §2.) 14-6.420 Decision. (a) At the conclusion of the hearing,the board will reverse,modify or affirm the determinations of the county abatement officer and may direct the county abatement officer to proceed and perform the work of abatement if not performed by the owner or the person in possession of the property within a prescribed period of time. (b) The decision of the board will be in writing,be based on the record, and include a statement of the factual and legal basis of the decision. The decision of the board will be filed with the clerk of the board following the conclusion of the hearing. A copy of the decision will be sent by first-class mail to the appellant at the address specified in the appeal, and by mail to each party appearing at the hearing. The county abatement officer is responsible for preparing,mailing and filing the decision. (c) The decision of the board is final when mailed to the appellant. (Ords. 2007-18§7, 88-88 §2). 14-6.422 Time for compliance. If the board decides that the order to abate should be enforced, the owner or person in possession of the property shall comply with the order within such period of time as may be prescribed, and in the absence of any prescribed time,within thirty days from the date of mailing of the final decision.The prescribed period of time shall commence on the date of mailing of the final decision. (Ord. 88-88 § 2). 14-6.424 Judicial review. Judicial review of the board's final decision is governed by California Code of Civil Procedure sections 1094.5 and 1094.6. (Ords. 2007-18 §8, 88-88 §2). 14-6.426 Abatement by County. (a) Upon the failure,neglect or refusal to properly comply with the order to abate within the prescribed time period, the county abatement officer may cause to be done whatever work is necessary to abate the public nuisance.An account of the cost of abatement shall be kept for each separate assessor's parcel involved in the abatement. (b) When the county has completed the work of abatement, or has paid for the work,the total abatement costs shall be charged to the owner of the property. "Total abatement costs"means the costs of the actual work of abatement, administrative costs, inspection and reinspection costs, the appeal fee if it had been waived pursuant to Section 14-6.416, and attorneys' fees if applicable. (c) Attorneys' fees may be recovered in a proceeding under this article if the County elects, at the initiation of the proceeding,to seek recovery of its own attorneys' fees. If the County so elects, attorneys' fees will be 1 recovered by the prevailing party. In no proceeding shall an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the County in the proceeding. (d) The total abatement costs shall be included in a bill and sent by certified mail to the last known address of the property owner. Simultaneously,the bill may be sent by regular mail. If the bill sent by certified mail is returned unsigned,then service is deemed effective pursuant to regular mail. The bill shall inform the owner that failure to pay the bill within 45 calendar days from the date of mailing may result in a lien upon the property. (Ords. 2007-18 §9, 97-19 §2, 88-88 §2; Gov. Code § 25845(c).) 14-6.428 Report and notice of hearing. (a) If the bill is not paid within 45 days from the date of mailing, the county abatement officer shall render an itemized report in writing to the clerk of the board for submittal to the board for hearing and confirmation. The report shall include,at a minimum, the names and addresses of the possessor of the property and all persons having any record interest in the property(including but not limited to, holders of mortgages or deeds of trust), the date upon which the abatement of the nuisance was ordered, the date the abatement was complete,a description of the real property subject to the lien,and the total abatement costs. (b) At least 10 days prior to the hearing,the clerk of the board shall give notice,by certified mail,of the hearing to all persons named in the county abatement officer's report. The notice shall be prepared by the county abatement officer and shall describe the property by assessor's parcel number and street number or some other description sufficient to enable identification of the property and contain a statement of the amount of the proposed assessment.(Ords. 2007-18 §10,88-88 § 2.) 14-6.430 Hearing on report. At the time fixed for receiving and considering the report, the board shall hear it and any objections of any of the owners liable to be assessed for the work of abatement or any other persons who may have a legal interest in the property. The board may add to the proposed assessment an amount equal to the cost of conducting the assessment confirmation hearing. The board may also make such other modifications in the report as it deems necessary, after which,the board may order the report confirmed. The order and modified report shall be filed with the clerk of the board,and as filed shall be final and conclusive. (Ord. 88-88 § 2). 14-6.432 Cost as special assessment and lien. The amounts and the costs of abatement mentioned in the report as confirmed shall constitute a special assessment against such property and are a lien on the property for the amount of the respective assessment. In addition to its rights to impose said special assessment, the county shall retain the alternative right to recover its costs by way of civil action against the owner and person in possession or control jointly and severally. (Ord. 88-88 § 2). 14-6.434 Notice of assessment and abatement lien. The county abatement officer shall record at the office of the county recorder, and deliver to the auditor-controller, a certificate substantially in the following form: "NOTICE OF ASSESSMENT AND ABATEMENT LIEN (Public Nuisance Abatement) Pursuant to Gover nnent Code Section 25845 and Ordinance Code Article 14-6.4,Contra Costa County abated a public nuisance on the parcel of real property described below, of which the named person(s) is the owner of record or possessor, and fixed the below-shown amount as the cost thereof and thereby claims a special assessment against said property for this amount. 1. RECORD OWNER(S): LAST KNOWN ADDRESS: 2. POSSESSOR(S)(if different from owner): LAST KNOWN ADDRESS: 3. DATE ABATEMENT ORDERED: 4. DATE ABATEMENT COMPLETED: 5. PARCEL: Real property in Contra Costa County,California: County Assessor's parcel#: [other description where needed] 6. AMOUNT OF ABATEMENT (ASSESSMENT)COST: Dated: Contra Costa County By: County Abatement Officer" (Ord. 88-88 § 2). 14-6.436 Manner of collection--I.aw applicable. Thereafter,the amounts of the assessment shall be collected at the same time and in the same manner as county taxes are collected,and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes.All laws applicable to the levy,collection and enforcement of county taxes are applicable to such assessments,except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value,or a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise.be imposed shall not attach to such real property and the cost of abatement and the cost of enforcing the abatement as confirmed,relating to such property,shall be transferred to the unsecured roll for collection. (Ord. 88-88 § 2). 14-6.438 Release and subordination. An abatement lien created under this article may be released or subordinated by the county abatement officer in the same manner as a judgment lien on real property may be released or subordinated.(Ord. 88-88 § 2). 14-6.440 Violations. It is unlawful for any person to interfere with the performance of the duties herein specified for the county abatement officer or any authorized officer or employee thereof,or to refiise to allow any such officer or employee or approve(] private contractor, to enter upon any premises for the purpose of abating the public nuisance or to interfere in any manner whatever with said officers or employees in the work of abatement. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor unless, in the discretion of the prosecutor, it is charged as an infraction. (Ord.88-88 § 2). HA200TCode Enforce—Manicle la-o.J.wpd S..AL TO: BOARD OF SUPERVISORS Contra x _w•ffirn x Costa FROM: CARLOS BALTODANO, DIRECTOR ,, �_ - a BUILDING INSPECTION DEPARTMENT �� County -------y''c3' COUNT DATE : March 11, 2008 SUBJECT: APPEAL OF ABATEMENT ACTION AT: SITE: 1222 . Rose Street,Crockett, Ca APN: 354-178-008 OWNER: Larry Morris SPECIFIC REQUESTS) OR RECOMMENDATIONS) & 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 1222 Rose Street, Crockett, CA in Contra Costa County; APN: 354-178-008; RECEIVE and C'ONS1DER oral_ and written testimony and of--her 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 household debris on the above-referenced .real property is a public nuisance in viol.at.ion of Contra Costa County Ordinance Code section Residential Property Nuisances 720-2.002 & 720-2 .006 and the Uniform housing Code 1001..2 and Health and Safety Code 17920.3. ORDER the proper-Ly owners to abate the public nuisance by removing the household debris from the property within 30 days of the mailing of the Board decision. DIRECT the country abatement officer to remove the household debris from the property, and charge the cost. of the work and all admin.istr_ative cost to the property owners, if the properLy owner 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 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 the removing the household debris from the property is estimated to be $4000.00. If' the county abatement officer performs the work of abatement and the property owner does not pay, the actual cost of the work and all administrative cost may be imposed as a lien on Lhe property -after notice and a hearing, and may be collected as an assessment against the property. CONTINUED ON ATTACHMENT: / X YES SIGNATURE: �yy _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT 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 JOHN CULLEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY cc: Building Inspection Department Page ] of Appeal of Abatement Action at: 1.222 Rose Street, Crockett, CA Page Two March 11, 2008 FACTUAL BACKGROUND! 'Pile real. property located at 1222 Rose Street, Crockett, CA in Contra Costa County; APN: 354- 1.78-008 is owned by Larry Morris. The above-referenced property is located in an R-6 zoning district . Contra Costa County ordinance Code section Title 7, Chapter 720-2 .006. Residential Property Nuisance. Residential Property Nuisance means. No person owning, leasing, renting occupying or having possession of residential real property shall maintain or allow the maintenance of the property in such a manner that any of the following conditions exist on the property and are visible from a street, highway, or private road. (a) Attractive nuisance dangerous to children, such as abandoned, broken or neglected equipment, machinery, refrigerators, or freezers, or unsafe pools, ponds, excavation; (b) Shopping carts, household equipment or broken or discarded furniture for an unreasonable period of time. (c) Construction and wood debris, including cuttings, for an unreasonable time. (d) weeds over eighteen inches in Height. The county abatement officer made an initial inspection of the above-referenced property on November 20, 2007. The county abatement officer observed household debris in front sides and back of douse and sent out Notice to Comply letter. Re- inspection of the property on December 04, 2007 showed that the property continued to be iri violation of Contra Costa County Ordinance Code section 720-2.006. In discussion with owner they would like property abated. The Notice and Order to Abate was served on the property- owners and all known to be in possess:iori of the property by certified mail on January 16, 2008 and posted the above- referenced property on January 16, 2008. The tenant filed an appeal of Notice and Order to Abate on January 31, 2008. Notice of this appeal hearing was sent to the property owner by the Clerk of the Board - see Clerk of the Board' s mailing confirmation. Page 2 of. 2 rI, r' N `s o NQ� t 22 _ K yi �. W tin �� � IIVVffll C" i L� Lob C t:•j�abf'� (v E Z z Do 130 a) E E 6 j ru 2 co :3 0 m \ C3cc d n E3 l > In � \ k \ � } It Cr \\ y \ / / \\ Qg \ Qo r-3 C3 CL E'O 0 :01 E Q >,(D 0 .2 f� 0, -215 E co-Y- C') 0 too a) N \k\ P) .0 a- -am 5 a) a, -0 X- om .0 C�-.702 00- (D co V, C/) p E E 0 C) E z M. ID >1 u C: 0 Ul- 0 V, 2 a. U) 13 O - tt CD 4 C-1 C7 N v %:f U ? 0OD 0 a a� ,4a d d\�1 ello o ' � `S 431ir`s� 0 0. N U vi W } Q w u U u w .q .r d ,� c-c. 145 � � r i £ / j k \ ■ % U) k / U— ❑ E / 2 ] k o o d \ j � E ] j k / \ \ LT E �$ ° { \ \ jcc E / / qi { � _ ( I� \ \ \ \ E -0cu o , 0 I § \ J2 £ � /B 4 - ) / g a ] \ ± _ . 1 I � § C3 \ j -D A nOI RSI / ° k k 6 6 o_/ -0 B r Ono G \ B o e m B « 3 � o L EC—a c i ] , o/moE o -= >o n oi{ aa . / n -2 b Wb° S) [ ;> . ' §33- oc V) / { \/\\ \ §\ ( §k\ \ \ \ f \ \ f j \ \ Cl"T » ~ 7 t § ] % [{\2 ° / � C-I / \ � \� \ \ . � \ � . � 7 / �� BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF Hearing for: Appeal of Code Enforcement for Abated property located at 1222 Rose Street, Crockett. Owner Larry Morris, tenant Michael Yancey. Notice of hearing for Tuesday, March 11, 2008 at 9:30 a.m., was mailed this day, Wednesday, February 28, 2008, 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: PLL-ASE SEE ATTACHED LIST I declare under penalty of perjury that the foregoing is true and correct, at Martinez, California. Dated: February 28, 2008 Katherine Sinclair Deputy Clerkru �- ru C�ID; OD=DCD1LaDf D',3LC�L�D a Gtp• is= C )3 GM?W---e(11D[Q MUMr. Postage $ Certified Fee O M Postmark 0 Return eq t Fee Here (Endorsementt Required) E:3 Restricted Delivery Fee ro (Endorsement Required) Total C3 Sent' C3 MERS (WMC Mortgage) oSr PCtree 3100 Thornton Avenue N ------------ (Nti1 Burbank, CA 91504 Clerk of ����0���� John Cullen ~- --_ ' — of Supervisors — Clerk vrmcBoard Costa and Couu/y Administration BuUJinu cmn/uxmmiuianxo 6-�\ Pine Street, Room |O6 County ��)o�|nm �~N���mmu Martinez,California 94553-4068 � John u.x^.oix,io | Gayle aoomm^.District x Mary r^rienm`ummxIII �ovuoA.Bonilla, om/m |v r"m`| nGlover. oistnuv February I8` 2OU8 Mr. Larry Morris |222Rose Street Crockett, CA 94525 RE: Abated Property: 1222 Rose Street,Crockett,CA. Dear Mr. Morris; |naccordance with Contra Costa CountyOrdinance Code \4-64 (Uniform Public Nuisance Abatement Procedure), you are hereby notified that Tuesday,March 11,2008 at 9:30 am, is the date and time set for tile hearin-of your appeal from the decision Of tile COLinty Abatement Officer declaring that the above-mentioned property is u public nuisance in violation of the following ordinance code section(s): 720-2.002 & 720-2.006 and the Uniform Bouyin ,Code |0Ol2and Health and Safety Code 17920.3. file hearing will heheld intile Mc8ricn Administration BuiNin�" (corner ofPine and Escobar Streets) Board nfSupervisor's Chambers, Room )07, 65\ Pine Street, Martinez, California. The hcudn� p/iU � b� conducted in accordance with procedures set forth in Conto/ Cos� Couu�' Ordinance Code Section 14'64. A copy of the Uniform Public NL11sailce Abatement Procedure is enclosed for your reference. If VOU challenge this matter in Court,you may be limited to ralsing only those issues You or someone else raised at the public hearing described in this notice, or in written correspondence delivered to 1he County at, or prior to, 1hc public hcuhm Very truly Yours, John CoUcn, County Administrator and Clerk o[tile Board Byo"� Katherine Sinclair. Deputy Clerk /\kuohmont CC: Coun{yCounoe| q ULPGt L -�'Lt 11,7 lop e41V 2A 3/1 e5, Z411 // y. --o-e�7 C rJ l�G&/\L�c �22-Z JAN 3 Y 2008 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. ff4 z ` 40 RECEIVED JAN 3 y 2008 REQUEST FOR WAIVER OF THE $125 FILING FEE CLERK BOARD Or SUPERVISORS CONTRA COSTA CO. 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 1981, 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)- Following 8511. 3)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 Officer as stated in the Order to Abate a Public Nuisance dated I declare under penalty of perjury that the foregoing statement, including any accompanying statement(s) or document(s) in. support of this request, is true and correct. (Signature of pellan on (date) (City, State) R jai) pJ OWNER: Larry Morris NOTICE AND ORDER TO ABATE JAN 1 6 2008 CLERK BOARD OF SUPERVISORS C.C.C. ORDINANCE CODE 14-6.410 CONTRA COSTA CO. NOTICE IS HEREBY GIVEN that household debris around property exists on property located at 1222 Rose Street, Crockett, CA, Community, Contra Costa County; APN 354-178-008). This condition is a public nuisance in violation of Contra Costa County Ordinance Code section 82-2.002 and 82-2.006. YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE. You must abate the nuisance by removing the household debris from the property within Fifteen (15) days of the issuance date of this Notice and Order to Abate. The issuance date is specified below. If you do not abate the public nuisance, the County will remove the household debris from the property. The abatement will be 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: CLERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA 651 PINE STREET, 1ST 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 16, 2008 Tyroner�25) 335-1147 Building Inspector li WTRisra •