RECOMMENDATION(S): (CONT'D)
ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors.
ORDER the costs to be specially assessed against the above-referenced property and AUTHORIZE the recordation of a Notice Of Abatement Lien.
FISCAL IMPACT:
The costs as determined above will be added to the tax roll as a special assessment and will be collected at the same time and in the same manner as ordinary county taxes are collected.
BACKGROUND:
Contra Costa County Ordinance Code Article 14-6.4 and Government Code Section 25845 authorize the recovery of abatement costs in public nuisance cases, the recordation of a Notice of Abatement Lien, and inclusion of abatement costs on the tax roll as a special assessment upon approval of the Board of Supervisors.
In 2009, the Department of Conservation and Development abated numerous substandard structures on Quinn Island, all of which were constructed without building permits. Several structures were removed from the subject property. The property owner, Mr. Stephen Quinn, entered into a voluntary abatement agreement with the County whereby he agreed to the abatement of these structures by the County. Acknowledging that the property owner was elderly and in ill health, and lacked the financial means to pay for the costs of abatement, the County agreed to defer placement of an abatement lien on the property during the time that Mr. Quinn was living. Mr. Quinn recently passed away, and consistent with the abatement agreement, staff recommends that the County now proceed with placing an abatement lien on the property.
A Notice and Order to Abate was posted on the above-referenced property for a substandard building that has inadequate sanitation, hazardous wiring and structural hazards and served on the property owner and all persons known to be in possession of the property by certified mail on January 14, 2009.
The property owner did not file an appeal. The property owner signed the voluntary abatement agreement on January 20, 2009. The County Abatement Officer abated the nuisance on November 30, 2009.
The property owner was billed for the actual cost of the abatement and all administrative costs. The bill was sent by certified and first-class mail to the property owner on March 22, 2010. The property owner did not pay the bill within 45 days of the date of mailing.
Notice of this Cost Hearing was sent to the property owner by certified mail by the Clerk of the Board. For proof of service, see Clerk of the Board at 651 Pine Street, Room 106, Martinez, CA.
CONSEQUENCE OF NEGATIVE ACTION:
If the recommended actions are not approved, the County will not be able to recover costs incurred for abating code violations.
CHILDREN'S IMPACT STATEMENT:
No impact.
CLERK'S ADDENDUM
CLOSED the hearing; DETERMINED the costs of all abatement work and all administrative costs to be $34,974.34; ORDERED the itemized report confirmed and DIRECTED that it be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property and AUTHORIZED the recordation of a Notice Of Abatement Lien.