Agenda

Return

C. 8

To:	Board of Supervisors
From:	Sharon L. Anderson, County Counsel
Date:	October 13, 2015

Contra

Costa

County

Subject:

Rescission of an order imposing administrative fines on two Bethel Island properties

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 10/13/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Mary N. Piepho, District III Supervisor

Contact:	Thomas Geiger, (925) 335-1800
cc:	Thomas Geiger, Assistant County Counsel

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: October 13, 2015
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

RESCIND the County's December 8, 2009, order to impose administrative fines on properties located at 2284 Dutch Slough Road and 2300 Dutch Slough Road, Bethel Island (County File Nos. RF07-01089, RF07-01090); AUTHORIZE County Counsel, or designee, to file a return in a related writ action in Contra Costa County Superior Court.

FISCAL IMPACT:

None. The administrative fines were never paid or collected.

BACKGROUND:

On December 8, 2009, the County, through the County Zoning Administrator and the County Building Official, issued an order entitled "Final Order on Appeals on Decision to Impose Administrative Fines for Continued Zoning and Building Code Violations at 2284 Dutch Slough Road and Continued Building Code Violations at 2300 Dutch Slough Road." The order imposed administrative fines in the amount of $8,600 on the 2284 Dutch Slough Road property in Bethel Island and imposed administrative fines in the amount of $4,300 on the 2300 Dutch Slough Road property in Bethel Island. A Notice of Assessment Lien was subsequently recorded on each property.

BACKGROUND: (CONT'D)

A petition for a writ of administrative mandate challenging the decision to impose the fines was filed in Contra Costa County Superior Court on August 13, 2010. (Fratus v. County of Contra Costa, Case No. N10-1322.) On June 2, 2011, the Court issued a minute order granting the petitioners’ motion for a writ of administrative mandate. On June 20, 2012, County staff recorded a Release of Notice of Assessment Lien on each property. This action effectively rescinded the fines, which were never paid or collected. On July 20, 2015, the Court entered judgment in the case and issued a writ directing the County to rescind the order imposing the administrative fines on the two properties.

The recommended action will result in the County’s compliance with the writ. This Board Order authorizes the County Counsel or designee to file a return in Case No. N10-1322 stating that the County has complied with the writ.

CONSEQUENCE OF NEGATIVE ACTION:

The County would not be in compliance with a Superior Court writ.

CHILDREN'S IMPACT STATEMENT:

Not applicable.