Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Council Chambers 200 “H” Street MARCH 5, 2015 3:00 P.M. 3:00 P.M. ROLL CALL Diana Busenbarrick, Chairperson Deborah Simpson, Vice Chairperson Andrew Schleder Mike Schneider Frederick Rouse Ademuyiwa “Ade” Adeyemi, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR FEBRUARY 5, 2015 Recommended Action: Motion to approve the minutes MINUTES B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF DECEMBER 2014 AND JANUARY 2015 Recommendation: The Board of Administrative Appeals shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. The Board shall also direct that the same be recorded with the Contra Costa County Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. STAFF REPORT 2. APPEAL OATH for all intending to testify on an appeal A. ANIMAL ID# A114619 “Lucky” (dog) – Appeal filed by Eleuterio Olveda, 2401 Silveria Way, Antioch, CA 94531 to overturn the “Potentially Dangerous Animal” [§6-1.801(B)(3)] determination made by Antioch Animal Services STAFF REPORT 3. NEW ITEM – ELECTION OF CHAIR AND VICE CHAIR  PUBLIC COMMENTS—Only unagendized issues will be discussed during this time WRITTEN/ORAL COMMUNICATIONS ADJOURNMENT Notice of Availability of Reports This agenda is a summary of the discussion items/actions proposed to be taken by the Board of Administrative Appeals. Materials provided regarding the agenda items will be available at the following website: http://www.ci.antioch.ca.us/CityGov/Agendas/default.asp or at the City Clerk’s Office located on the 3rd floor of City Hall, 200 H Street, Antioch, CA 94509, Monday through Thursday, for inspection and copying (for a fee). Copies are also made available at the Antioch Public Library for inspection. The meetings are accessible to those with disabilities. Auxiliary aides will be made available for persons with hearing or vision disabilities upon request in advance at (925) 779-7009 or TDD (925) 779-7081. Notice of Opportunity to Address the Committee The public has the opportunity to address the Board on each agenda item. To address the Board, fill out a yellow Speaker Request form, available on each side of the entrance doors, and place in the Speaker Card Tray. This will enable us to call upon you to speak. Each speaker is limited to not more than 3 minutes. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section on the agenda. No one may speak more than once on an agenda item or during “Public Comments”. PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting February 5, 2015 3:00 P.M. Council Chambers Vice Chairperson Simpson called the meeting to order at 3:00 P.M. on Thursday, February 5, 2015 in the Council Chambers. ROLL CALL: Present: Board Members Schneider, Rouse, Adeyemi, Vice Chairperson Simpson Absent: Chairperson Busenbarrick and Board Member Schleder Staff Present: City Attorney, Lynn Tracy Nerland City Clerk, Arne Simonsen Deputy Director of Community Development, Ryan Graham Code Enforcement Officer, Renee Souza Code Enforcement Officer, Mike Aguirre Code Enforcement Officer, Andy Shuck Administrative Assistant Code Enforcement, Denise Skaggs Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Vice Chairperson Simpson led the board, staff and public in the Pledge of Allegiance. City Attorney Nerland explained the manner in which the proceedings would be conducted and reviewed the options available for the Appeals Board. City Clerk Simonsen administered the Oath for all persons present intending to testify on the appeal. City Attorney Nerland clarified appeals for citations needed a majority of the Board to vote to uphold an appeal. Board Member Adeyemi stated he knew Ama Remy E. Ibeawuchi and therefore he would recuse himself from voting on a request to rescind his citation. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS SPECIAL MEETING MINUTES FOR JANUARY 8, 2015 1A 03-05-15 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting February 5, 2015 Page 2 of 6 On motion by Board Member Schneider, seconded by Board Member Rouse, the Board of Administrative Appeals unanimously approved the Minutes for January 8, 2015. Board Member Adeyemi recused himself and left Council Chambers. B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF NOVEMBER AND DECEMBER 2014 Deputy Director of Community Development Graham presented the staff report dated January 23, 2015 recommending the Board of Administrative Appeals confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. The Board shall also direct that the same be recorded with the Contra Costa County Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. He clarified all procedures and the municipal codes were correctly followed for each citation. He reminded the Board that they were not ruling on the validity of the citation, as the citation and notice of violation were appealable within 10 days of citation and they had not received any appeals during that time. Ama Remy E. Ibeawuchi, stated he did not dispute the validity of the citation however he was appealing on grounds of extenuating circumstances. He explained he had traveled oversees due to death in family and was not notified of the citation until he had returned in late December. He noted he then became ill which prevented him from cleaning up his property and time allowed for him to respond to the citation, had expired. He stated he was unable to pay the penalty at this time. City Attorney Nerland stated the Board of Appeals received a copy of a letter submitted by Mr. Ibeawuchi dated February 2, 2015. Kathy Gage stated after she was recently widowed, her son and his family moved in to her home. She explained items in her driveway belonged to her sons who ran a business out of the residence and there had been no indication they were in violation of City code. She noted her son contacted Code Enforcement who indicated he had until January 5, 2015 to correct the violations and they had assumed all fees would be removed when the case was closed on that date. She noted that she had acted in good faith therefore, she was appealing the citation. Carmen Gage, Pittsburg resident, stated due to recent health issues, they lost their home and moved in with her mother-in-law where she was burdened with their business equipment. She stated once they were cited, they immediately began taking steps to clean the property. She noted it was a temporary emergency situation and BOARD OF ADMINISTRATIVE APPEALS Regular Meeting February 5, 2015 Page 3 of 6 therefore she was requesting the Boards of Appeal rescind the fine. She took responsibility for the violations and committed to keeping the property free of debris. In response to the Board, Deputy Director of Community Development Graham clarified the amount proposed for assessment for Mr. Ibeawuchi, were abatement costs to recover garbage service fees paid by the City when he did not respond to notices he began receiving in July 2014. He noted Ms. Gage’s proposed assessments were citations, inspection fees and late charges, and her case was opened in October 2014. He clarified appellants would have until August 2015, to pay the assessment and a $35.00 fee to release the lien. He noted after August, it became a tax assessment with the County. Board Member Rouse extended his condolences to the appellants and their families for their losses. Speaking in regards to the Ibeawuchi case, Board Member Schneider stated the case was opened in July and he had returned in December, therefore he had months to address the situation. He recommended the Board confirm the assessment. Board Member Rouse stated in principal, the citation needed to be upheld; however he sympathized with the appellant. On motion by Board Member Schneider, seconded by Board Member Rouse, the Board of Administrative Appeals confirmed assessment 1410-108. The motion carried the following vote: Ayes: Schneider, Rouse and Simpson Recused: Adeyemi Deputy Director of Community Development Graham stated after hearing the circumstances regarding Ms. Gates, he could support waiving the citation and late fees and retaining the administrative/inspection fees. On motion by Board Member Schneider, seconded by Board Member Rouse, the Board of Administrative Appeals 1408-019 upheld the inspection fees of $375.00 and waived the citation fines in the amount of $1210.00. The motion carried the following vote: Ayes: Schneider, Rouse and Simpson Recused: Adeyemi Board Member Adeyemi returned to Council Chambers. On motion by Board Member Schneider, seconded by Board Member Rouse, the Board of Administrative Appeals unanimously confirmed each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the BOARD OF ADMINISTRATIVE APPEALS Regular Meeting February 5, 2015 Page 4 of 6 property. The Board also directed that the same be recorded with the Contra Costa County Recorder’s Office and thereafter, the assessment shall constitute a special assessment and lien against the property. 2. APPEALS A. CITATION NO. 23881/CASE NO. CE1412-016 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING TREES, HEDGES, FENCES, AND SHRUBBERY [§7-2.623] FOR ALLEN AND ANASTASIA BROUSSARD, 1100 NEAH COURT, ANTIOCH, CA Code Enforcement Officer Souza presented the staff report dated January 22, 2015 recommending the Board of Appeals uphold the Administrative Citation issued to Allen and Anastasia Broussard for violation of the Antioch Municipal Code section 7-2-623. Anastasia Broussard commented that she had not received the notice of violation (Exhibit A) and when she received the citation, she immediately contacted Code Enforcement Souza, paid the fine, and filed the appeal. She noted her RV was parked on the driveway because it needed repairs and they were afraid to move it. She provided proof that they had a storage facility and that the motor home was moved to a mechanic on January 12, 2015. In response to Board Member Schneider, Ms. Broussard stated she was unaware she was not allowed to park blocking the sidewalk and stated to prevent being a victim of criminal activity, she would not park her RV out of the view of her security cameras. In response to Board Member Rouse, Ms. Broussard stated she drove the vehicle to the mechanic in Livermore. Board Member Rouse stated the appeal was based upon concerns regarding repairs needed prohibiting the drivability of the vehicle; however, it had been driven to Livermore and was moveable, therefore he supported upholding the citation and denying the appeal. In response to Board Member Simpson, Code Enforcement Officer Souza stated Code Enforcement documents every letter returned and the Notice of Violation was not returned to the City. Board Member Schneider noted there was legal precedent indicating if the letter is sent it is received, minus any other evidence to the contrary. He stated the RV was driven to Livermore for repairs therefore it could have been driven to their storage facility in Antioch. Additionally, he noted it was parked across the sidewalk in violation of vehicle BOARD OF ADMINISTRATIVE APPEALS Regular Meeting February 5, 2015 Page 5 of 6 code and municipal code which did not require notification. He voiced his support for upholding the citation and denying the appeal. Board Member Simpson noted the citation was issued on January 6, 2015 and the vehicle was not moved until January 12, 2015. On motion by Board Member Schneider, seconded by Board Member Adeyemi, the Board of Administrative Appeals unanimously upheld the citation and denied the appeal. B. CITATION NO. 23883/CASE NO. CE1411-050 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING SPECIFIC NUISANCES PROHIBITED [§5-1.202(A2) AND §5-1.202(B)] FOR ALBERTO AND HENRIETTA VITUG, 2085 MOKELUMNE DRIVE, ANTIOCH, CA Code Enforcement Officer Souza presented the staff report dated January 22, 2015 recommending the Board of Administrative Appeals uphold the Administrative Citation issued to Alberto and Henrietta Vitug for violation of the Antioch Municipal Codes section 5-1.202 (A2) and 5-1.203(B). Code Enforcement Officer Souza submitted a photo of the property taken today and noted the violations remained the same. Alberto Vitug, stated he was in agreement with the staff report. He noted bad weather in December prevented landscaping companies from performing yard maintenance. He provided the Board with letters dated January 13 and February 5, 2015 which included his efforts to hire a landscaping company as well as plans for the work he considered having done. He stated he was still awaiting a response from the landscaping company. In response to Board Member Rouse, Mr. Vitug stated he was aware of what the minimum requirements were, however, the contractor informed him it was not necessary to repair the fence or remove the overgrown vegetation, when they would be replacing the fence and preparing the site for landscape improvements. Board Member Adeyemi expressed concern that as of today, the violations had not been corrected and the last rain was on December 24, 2014. Board Member Schneider stated it was Mr. Vitug’s responsibility to maintain the property and neighbors were entitled to have a decent neighborhood. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting February 5, 2015 Page 6 of 6 Board Member Rouse stated if the appellant had taken the minimum action recommended in the citation, the issues could have been resolved in a timely manner. He voiced his support for upholding the citation and denying the appeal. Code Enforcement Officer Souza explained to Mr. Vitug, that if the Board denied the appeal, citations and inspection fees would continue if the violations were not corrected. In response to Vice Chairperson Simpson, Mr. Vitug stated he understood additional citations would be given if the violations were not corrected Board Member Schneider stated given the fact that any action by the City taken so far had not brought about compliance, or even the recognition of responsibility, he was recommending the appeal be denied and the citation be upheld. On motion by Board Member Schneider, seconded by Board Member Rouse, the Board of Administrative Appeals unanimously denied the appeal and upheld the citation. PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS – None City Attorney Nerland announced the appointment of the Chair and Vice Chair of the Board of Appeals would be placed on the next agenda. ADJOURNMENT Vice Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 4:24 P.M. to the next regularly scheduled meeting on March 5, 2015. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk