To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: HEARING on the itemized costs of abatement for property in unincorporated Contra Costa County, located at 412 Market Ave., Richmond, California (Yantin Zhang, Owner). (Jason Crapo, Conservation and Development Department).
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
OPEN public hearing on the costs of abating a public nuisance in unincorporated Contra Costa County on the real property located at --------------412 Market Ave., Richmond, California, unincorporated Contra Costa County (APN: 409-161-019).
RECEIVE and CONSIDER the attached itemized report on the abatement costs and any objections thereto from the property owner or other persons with a legal interest in the property; and CLOSE the hearing.
DETERMINE the cost of all abatement work and all administrative costs to be $26,942.65.
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-reference property and AUTHORIZE the recordation of a Notice of Abatement Lien.
FISCAL IMPACT:
No net fiscal impact. The costs as determined above will be added to the tax roll as a special assessment on this property 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 California 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.
The Notice and Order to Abate was posted on the above-referenced property for a vacant fire-damaged structure whose interior contains waste, rubbish or debris, and excessive vegetation on the property and was served on the property owner and all persons known to be in possession of the property by certified mail on July 31, 2023.
The house on this property has been vacant since 2015 and has been the source of numerous code enforcement violations since that time. The structure has been breached and used as an encampment on several occasions. Beginning in 2020, the structure has experienced multiple fires, each leading to further damage and deterioration of the structure and increasing endangerment of the surrounding community.
The most recent fire occurred in the spring of 2023. At this time, the Contra Costa Fire Protection District (CCCFPD) notified the property owner of the fire code violations on the property, representing a severe threat to public health and safety (see attached letter from CCCFPD to the property owner).
In consultation with CCCFPD, the Department of Conservation and Development determined that the dangerous conditions on the property that were in violation of the County building code and fire code required abatement of the fire-damaged structure.
The property owner did not file an appeal of the Notice and Order to Abate. The County Abatement Officer abated the nuisance on August 14, 2023.
The property owner was billed for the actual cost of the abatement and all administrative costs. The bill was sent by first-class mail to the property owner on October 5, 2023. 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 1025 Escobar St., 1st Floor, Martinez, CA 94553.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the County will not be able to recover costs for abatement on code violations for this property.