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SD.3

To:	Board of Supervisors
From:	Jason Crapo, County Building Official
Date:	March 31, 2009

Contra

Costa

County

Subject:

Diffenderfer appeal of Abatement Posting

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/31/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

CONTINUED to April 7, 2009

VOTE OF SUPERVISORS

Contact:

R. Erickson (6-8846)

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 31, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

OPEN the hearing on the appeal of the Notice and Order to Abate a public nuisance on the real property located at 1814 Taylor Road, Bethel Island, California in Contra Costa County (APN: 028-110-003). RECEIVE and CONSIDER oral and written testimony and other evidence from the county abatement officer, the property owners, other interested persons; and CLOSE the hearing.


FIND that the facts set forth below are true.

RECOMMENDATION(S): (CONT'D)

AFFIRM the county abatement officer’s determination in the Notice and Order to Abate by finding that a substandard residential structure, built on the levee and over the adjacent waterway, with deteriorated/inadequate piers, pilings, floor support members and vertical supports that lean and/or list due to deterioration on the above–referenced real property is a public nuisance in violation of Contra Costa County Ordinance Code sections 712-2.004, 712-4.006, 712-4.014 and Uniform Housing Code section 1001.3.

ORDER the property owners to abate the public nuisance by removing the substandard residential structure from the property within 45 days of the mailing of the Board decision.

DIRECT the county abatement officer to remove the substandard structure 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 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 Supervisors.

FISCAL IMPACT:

The Cost of removing the substandard structure from the property is estimated to be $17,500.00. 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 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.

BACKGROUND:

The Department of Conservation and Development received a complaint that the structure in question moves (sways) during storms. Inspection of the structure revealed extensive rot and deterioration of the piers that provide structural support. The structure can be moved by pushing against the side. Due to the danger created by the poor structural condition of the building, a “yellow tag” notice was placed on structure on August 20, 2008 to limit entry and provide notice of the risks associated with entrance.

Following the County’s standard process in such circumstances, on August 26, 2008, the owner was issued a Notice to Comply (NTC) requesting removal of the structure or submittal of an application for a building permit to correct the deficiencies. To obtain such a permit, the owner would be required to address several conflicts with land use restrictions, including the inconsistency of a second residential structure on an F-1 zoned parcel and restrictions on building into a navigable waterway. Furthermore, the required structural improvements would require construction on a levee managed by the Bethel Island Municipal Improvement District (BIMID), which has indicated it would be disinclined to approve an application to repair the structure because areas of the levee under the residence could not be accessed for repairs or improvements.

After the owner failed to comply with the requirements of the initial NTC within the specified time period, a second NTC was sent to the property owner detailing the submittal and approval requirements for correcting the deficiencies on the property. Following failure of the owner to comply with the second NTC, staff proceeded with the standard noticing process by posting a Notice of Intent to Record (NOI) and sample Notice of Pending Nuisance Abatement (NPA) on November 20, 2008. The recorded NPA was posted on December 17, 2008. An Abatement Order was posted on February 18, 2008.

To date, the property owners have not submitted any requested information for bringing the structure into code compliance.