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 JUNE 4, 2015 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Frederick Rouse, Vice Chairperson Diana Busenbarrick Andrew Schleder Mike Schneider Ademuyiwa “Ade” Adeyemi, Alternate PLEDGE OF ALLEGIANCE OATH for all intending to testify 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS CONTINUED MEETING MINUTES FOR APRIL 16, 2015 Recommended Action: Motion to approve the minutes STAFF REPORT B. APPROVAL OF ADMINISTRATIVE APPEALS SPECIAL MEETING MINUTES FOR APRIL 30, 2015 Recommended Action: Motion to approve the minutes STAFF REPORT C. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF MARCH AND APRIL 2015 STAFF REPORT 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.  2. REGULAR AGENDA A. CASE NO. CE1502-104/ APN NO. 074-421-020 – APPEAL OF SUMMARY ABATEMENT [§5-1.314] NOTICE ISSUED TO ROBRIELLE BEVERLY, 2201 DOGWOOD WAY, ANTIOCH, CA STAFF REPORT 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 Adjourned Continued Meeting April 16, 2015 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:06 P.M. on Thursday, April 16, 2015 in the Council Chambers. ROLL CALL: Present: Board Members Rouse, Adeyemi and Chairperson Simpson Absent: Board Member Schneider, Schleder and Busenbarrick Staff Present: Deputy Director of Community Development, Ryan Graham City Clerk, Arne Simonsen Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Chairperson Simpson led the board, staff and public in the Pledge of Allegiance. City Attorney Nerland explained the matter in which the proceedings would be conducted and reviewed the options available for the Appeals Board. City Clerk Simonson administered the Oath for all persons intending to testify on the appeals. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS SPECIAL MEETING MINUTES FOR MARCH 5, 2015 On motion by Board Member Rouse, seconded by Board Member Adeyemi the Board of Administrative Appeals unanimously approved the Minutes for March 5, 2015. 2. REGULAR AGENDA A. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF JANUARY AND FEBRUARY 2015 1A 06-04-15 BOARD OF ADMINISTRATIVE APPEALS Adjourned Continued Meeting April 16, 2015 Page 2 of 6 Deputy Director of Community Development/Code Enforcement Manager Graham presented the staff report dated March 24, 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 stated the appeals for this afternoon were mainly focused on the citations. He reminded the Board the timeframe to appeal citations had passed and these appeals would determine whether liens should be placed on the properties. He clarified liens were still payable to the City with no additional penalties and the only additional cost would be a $35.00 release of lien fee. Verna Pickett, Antioch resident, submitted and reviewed her letter objecting to the proposed assessments. She requested clarification with regards to the City’s definition of “public right-of-way”, “public street” and “proposed assessment”. She also requested there be reduction in the fines/fees and that she be allowed to make payments to the City without a lien placed on her property. She stated she was confused when the City sent her an incorrect photo and she felt the timeframe allowed to correct the violation was not sufficient. Deputy Director of Community Development/Code Enforcement Graham Ryan explained “public street” was the roadway and the “public right-of-way” included the roadway, sidewalk, pathways and trails. He clarified the citation was for violations visible from the public right-of-way. He noted the “proposed assessment” was the City’s intent to pose a lien on the property to secure outstanding fees. In response to Board Member Rouse, Ms. Pickett acknowledged that her vehicles were inoperable and unregistered. She explained that she had moved the debris prior to receiving the second citation; however, she believed the citation referred to vegetation, not the box located against her garage. She reported she paid the original citation fee in the amount of $345.00. Deputy Director of Community Development/Code Enforcement Graham clarified photos were sent as a courtesy and were not a requirement by code. He read a notice of violation which had a legal description of the violation as well as the correction. City Attorney Nerland explained Item 2A consisted of a list of property owners who had the opportunity to appeal or pay their citations, and failed to do so. She stated at this time, the question was whether the property should be liened and not whether the citations should have been issued. BOARD OF ADMINISTRATIVE APPEALS Adjourned Continued Meeting April 16, 2015 Page 3 of 6 In response to the Board, Deputy Director of Community Development/Code Enforcement Graham clarified each citation had an inspection associated with it and the first citation in the amount of $345.00 was paid and not included in the assessment. On motion by Board Member Rouse, seconded by Board Member Adeyemi, 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 property. The Board 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, with the exception of AR141448, AR141457, AR141441 and AR141661. Deputy Director of Community Development/Code Enforcement Graham clarified when he read the notice of violation, he read the description for the next case. He noted the information was irrelevant as the Board was not considering citations at this time. In response to Board Member Adeyemi, Deputy Director of Community Development/Code Enforcement Graham clarified even after the lien was placed on the property, the appellant could make payments to the City, until it was enrolled with the County Assessor, in August. On motion by Board Member Rouse, seconded by Board Member Adeyemi, the Board of Administrative Appeals unanimously denied the appeal and confirmed assessments AR141448 and AR141457 and the amount thereof, as proposed or as corrected and modified, and order it assessed against the 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. David Siegel stated his appeal was for the accumulated re-inspection fees and his argument was that the notice of violation arrived in the same envelope as the water bill which went unnoticed. He noted if it had been marked “Code Enforcement” he and his tenants would have resolved the violations promptly. Sarah Verogen–Zenca stated she was Mr. Siegels’ tenant and when she informed him that she received a letter from the City of Antioch, he indicated that it was probably the water bill and he would retrieve it later. She noted they were not aware it was the City’s policy to mail a notice of violation and further noted if Code Enforcement would have come to her door to notify her, the violations would have been resolved immediately. She stated she believed the complaint was retaliation by a neighbor who was unhappy with the property owner. She explained that she had forgotten she had placed items next to her house because the neighbor’s truck blocked her view. She stated she would pay the original fine; however, she was opposed to paying the re- inspection fees. BOARD OF ADMINISTRATIVE APPEALS Adjourned Continued Meeting April 16, 2015 Page 4 of 6 Deputy Director of Community Development/Code Enforcement Graham stated they had experimented with marking envelopes “Code Enforcement”; however, when they had done so, some were being discarded. He noted they were only required by law to mail a letter to the property owner at the address listed with the County Assessor; however, they attempted to contact residents whenever possible. He further noted as the law was written, when the letter was mailed, it was presumed delivered. In response to Board Member Rouse, Deputy Director of Community Development/Code Enforcement Graham stated the notice of violation was mailed on December 17, 2014 asking for it to be corrected by December 27, 2014 and the last citation was issued in February. REBUTTAL David Siegel presented the Board of Administrative Appeals with the citation and water bill envelopes. In response to Board Member Rouse, Mr. Siegel explained his tenant brought his mail to him at work and was told if there was anything marked with any significance, it should be brought to his attention. He reiterated the envelope was not marked important. Chairperson Simpson stated the information was mailed and received; however, it was not opened. She noted the request from the appellant was removal of the re-inspection fees. Board Member Rouse stated he felt all mail delivered should have been read. Board Member Adeyemi supported denial of the appeal based on the fact that the notifications and citations were mailed and received. On motion by Board Member Adeyemi, seconded by Board Member Rouse, the Board of Administrative Appeals unanimously denied the appeal and confirmed assessments AR141441 and AR141661 and the amount thereof, as proposed or as corrected and modified, and order it assessed against the 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 B. NOTICE OF VIOLATION APPEAL FILED BY THOMAS B. TROST, “B” STREET, ANTIOCH, CA 94509 [§5-1.202(A1 a), §5-1.202(D) AND §9- 5.3830] BOARD OF ADMINISTRATIVE APPEALS Adjourned Continued Meeting April 16, 2015 Page 5 of 6 City Attorney Nerland announced she would recuse herself as the City had a number of matters with Mr. Trost and therefore felt it best that she not be involved in this item. City Attorney Nerland left Council Chambers. Thomas Trost gave a history of the property and noted at this time he was attempting to clean the area and observe it to prevent illegal dumping and trespassers from entering the area. He requested the City allow him to keep maintenance equipment and a night watchman on the property. Deputy Director of Community Development/Code Enforcement Graham presented the staff report dated March 18, 2015. He noted the property was now substantially compliant with all the violations with the exception of the appellant living in the motor home, which needed to be addressed as it was prohibited by the Antioch Municipal code. He explained the authority to approve a night watchman was an administrative process executed through the Planning division. Ken Lee, Antioch resident, gave a history of the property. He noted the equipment on site was to abate vegetation and haul away garbage. He explained that registration was not required for farm equipment; therefore, the municipal code cited did not apply to them. He reported the accumulation of personal property had been abated and the recreational vehicle was used as an administrative office and to provide security as they felt someone needed to be onsite 24/7 to prevent trespassers. REBUTTAL Deputy Director of Community Development/Code Enforcement Graham explained what was before the Board was whether or not the municipal code was applied correctly with regards to the recreational vehicle on the property. He clarified there was no zoning in the City of Antioch that allowed for living in a recreational vehicle with the exception of the fairgrounds, which was County property. He reiterated that it was the appellants right to apply for a use permit through the Planning Division for the use of his recreational vehicle as an office. REBUTTAL Mr. Trost added that he had hired a company to maintain the portable toilet on site. Additionally, he noted the recreational vehicle was only used to watch the property and was not a permanent residence. Board Member Adeyemi stated the violation should be upheld as the municipal code stated that it was unlawful to maintain any recreational vehicle as a temporary or permanent resident on a lot or parcel of land within the City. BOARD OF ADMINISTRATIVE APPEALS Adjourned Continued Meeting April 16, 2015 Page 6 of 6 On motion by Board Member Adeyemi, seconded by Board Member Simpson, the Board of Administrative Appeals upheld the Notice of Violation issued to Thomas Trost for violation of the Antioch Municipal Code § 9-5.3830. The motion carried the following vote: Ayes: Simpson, Adeyemi Noes: Rouse City Attorney Nerland returned to Council Chambers. PUBLIC COMMENTS Ken Lee, Antioch resident, suggested the City communicate more effectively with the public in an effort to get the community involved with Code Enforcement. WRITTEN/ORAL COMMUNICATIONS City Attorney Nerland announced the next Board of Appeals meeting would be April 30, 2015 at 3:00 P.M. Board Member Rouse stated he would not be available to attend the April 30, 2015 meeting and suggested at a subsequent meeting, the Board discuss adjusting the meeting time to 4:00 P.M. City Attorney Nerland responded staff would discuss this request and get back to the Board of Administrative Appeals. ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 4:45 P.M. to a Special Meeting on April 30, 2015. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Special Meeting April 30, 2015 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:07 P.M. on Thursday, April 30, 2015 in the Council Chambers. ROLL CALL: Present: Board Members Schleder, Adeyemi and Chairperson Simpson Absent: Board Member Schneider, Rouse and Busenbarrick Staff Present: Deputy Director of Community Development, Ryan Graham Code Enforcement Officer, Andrew Shuck Code Enforcement Officer, Mike Aguirre City Clerk, Arne Simonsen Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Chairperson Simpson led the board, staff and public in the Pledge of Allegiance. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR APRIL 2, 2015 (NO QUORUM) B. APPROVAL OF ADMINISTRATIVE APPEALS CONTINUED MEETING MINUTES FOR APRIL 16, 2015 C. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF FEBRUARY AND MARCH 2015 On motion by Board Member Adeyemi, seconded by Board Member Schleder, the Board of Administrative Appeals unanimously approved the Consent Calendar. City Attorney Nerland explained the matter in which the proceedings would be conducted and reviewed the options available for the Appeals Board. 1B 06-04-15 BOARD OF ADMINISTRATIVE APPEALS Special Meeting April 30, 2015 Page 2 of 3 City Clerk Simonsen administered the Oath for all persons intending to testify on the appeals. 2. REGULAR AGENDA A. CASE NO. CE1502-104 / APN NO. 074-421-020 – APPEAL OF SUMMARY ABATEMENT [§5-1.314] NOTICE ISSUED TO ROBRIELLE BEVERLY, 2201 DOGWOOD WAY, ANTIOCH, CA City Attorney Nerland announced the appellant had a scheduling conflict and requested this item be continued to June 4, 2015. She noted staff was in support of the continuance. On motion by Board Member Schleder, seconded by Board Member Adeyemi, the Board of Administrative Appeals unanimously continued CASE NO. CE1502-104 to June 4, 2015. B. CITATION NO. 23791/CASE NO. CD1502-053 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING INOPERABLE VEHICLE [§5-1.202(D)] FOR THOMAS AND JANICE JASKOLSKI, 313 REDROCK DRIVE, ANTIOCH, CA Code Enforcement Officer Andrew Shuck presented the staff report dated April 27, 2015 recommending the Boards of Administrative Appeals uphold the Administrative Citation 23791 issued to Janice Jaskolski for violation of the Antioch Municipal Code 5-1.202(D). Janice Jaskolski stated when she informed of the initial violation, it was corrected immediately. Following that incident, she noted she received a second violation when her son was replacing the wheel bearings on his vehicle, in the driveway. She stated she felt the citations were a result of a neighbor who was constantly calling the City to complain. She noted that she respected the City and the Antioch Municipal Code. Larry Helstrom, (Janice Jaskolski’s father) stated that he had also lived in a neighborhood where an individual was constantly calling on neighbors and he felt his daughter was being targeted because she had teenage sons. He noted his daughter would improve the appearance of her home. The Board questioned if an appeal application had been filed by the appellant. City Clerk Simonsen suggested the Board recess so that he could provide that information. BOARD OF ADMINISTRATIVE APPEALS Special Meeting April 30, 2015 Page 3 of 3 Chairperson Simpson recessed at 3:29 P.M. The Board reconvened at 3:36 P.M. with all Board members present. City Clerk Simonsen reported the appellant had declined to fill out the appeal application with the City Clerk’s office; however, she had contacted Code Enforcement requesting an appeal date which had been set for today. Following discussion, the Board agreed the appellant was aware major automotive repairs were occurring and the vehicle was inoperable; therefore, the appeal should be denied. On motion by Board Member Adeyemi, seconded by Board Member Schleder, the Board of Appeals unanimously denied the appeal and upheld the Administrative Citation 23791 issued to Janice Jaskolski for violation of the Antioch Municipal Code § 5-1.202(D). PUBLIC COMMENTS – None WRITTEN/ORAL COMMUNICATIONS City Attorney Nerland reported that given current water restrictions, a citation would not be issued for a residence with a brown lawn; however, she explained that weed abatement would still need to occur. She announced a Public Hearing to consider adoption of the City’s water conservation measures was scheduled for the May 12, 2015 City Council meeting. She informed the Board that this was her last Board of Appeals meeting as she had taken another position and the City Council had appointed a firm to provide Interim City Attorney services. She thanked the Board of Appeals for their service and stated the next Boards of Appeals meeting was scheduled for June 4, 2015. On behalf of the Board, Chairperson Simpson stated City Attorney Nerland would be missed and wished her luck in her new position. ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 3:44 P.M. to the next regularly scheduled meeting on June 4, 2015. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk