If the county abatement officer performs the work of abatement, the property owner will be charged for the cost of the abatement. If the property owner does not pay, the actual costs 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.
The real property located at 1986 Mohawk Drive, Pleasant Hill, CA, in Contra Costa County; APN: 166-320-006 is owned by Gabriel Perez. The above referenced property is a vacant, .43 acre unimproved lot located in an R-15 zoning district in unincorporated Pleasant Hill, CA.
Contra Costa County Ordinance Code section Title 7, Chapter 720.6: Regulation of Vacant Property, section 720-6.402 - Duty of property owner, states, “Every owner shall maintain property in accordance with the provisions of this chapter and correct all violations of the standards listed in this chapter, and is liable for violations of this chapter regardless of any contract or agreement with any third party concerning the property”.
Section 720-6.404 - Duty to maintain property, states, “(a) No owner shall maintain or allow the maintenance of vacant property in such a manner that any nuisance condition exists on the vacant property. (b)If a notice and order to abate has been transmitted to an owner, the vacant property must remain secured in accordance with Article 720-6.6.”
Section 720-6.208, references the following: Definitions, and states, “For purposes of this chapter, the following words and phrases have the following meanings: (a) "County Building Official" means the director of the building inspection department or his or her designated representative who is authorized and directed to enforce this chapter. (b) "Nuisance condition" is one or more of the following conditions occurring on a vacant property: (1)Substantial amounts of trash, debris, rubbish, or garbage;(2)Discarded vehicles or boats, discarded trailers, vehicle or boat parts, vehicle or boat hulks, or other articles of personal property that are abandoned or left in a state of partial construction or repair;(3)Attractive nuisances dangerous to children, such as abandoned, broken or neglected equipment, machinery, refrigerators or freezers, or unsafe pools, ponds or excavations;(4)Shopping carts, discarded household equipment, or broken or discarded furniture;(5)Weeds over eighteen inches in height;(6)Any other similar nuisance condition.(c)"Owner" means a person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property. If more than one person or entity owns the subject real property, "owner" refers to each entity holding any portion of the fee interest in the property, and the owners' obligations in this chapter are joint and several as to each owner.(d)"Vacant Property" means any property that is unimproved and includes unimproved tracts, lots, easements, or parcels of land.
The county abatement officer made an initial inspection of the above–referenced property in September, 2013. The county abatement officer observed a tent, unpermitted retaining walls, and accessory structures used to store household goods, personal items and other property. The conditions on the property violate the County Ordinance Code and constitute a public nuisance. A Notice to Comply was sent to the property owner on February 28, 2014.
Re-inspection of the property on April 10, 2014, September 10, 2014, October 6, 2014 and December 10, 2014 showed that the property continued to be in violation of Contra Costa County Ordinance Code sections 720-6.402 and 720-6.404.
The Notice and Order to Abate was served on the property owner and all known to be in possession of the property by certified mail on December 10, 2014, and posted the above referenced property on December 10, 2014.
The Property owner filed an appeal of the Notice and Order to Abate on December 15, 2014. Notice of this appeal hearing was sent to the property owner by the Clerk of the Board.
The consequence of a negative action would allow violations to continue and impose unsightly conditions on residents resulting in potential loss of property values.
Speakers: Gabriel Perez (Appellant); Dean Raymond,nearby resident.
ClOSED the hearing and ADOPTED staff recommendations as presented.