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 NOVEMBER 3, 2016 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Frederick Rouse, Vice Chairperson Andrew Schleder Ademuyiwa “Ade” Adeyemi Martin T. Gonsalves April Ussam-Lemmons, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR JULY 7, 2016 Recommended Action: Motion to approve the minutes STAFF REPORT B. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR SEPTEMBER 1, 2016 Recommended Action: Motion to approve the minutes STAFF REPORT C. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR OCTOBER 6, 2016 Recommended Action: Motion to approve the minutes STAFF REPORT  CONSENT CALENDAR - Continued D. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF AUGUST 2016 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. REGULAR AGENDA OATH for all intending to testify A. CASE NO. CD1606-057/ APN NO. 066-032-020/ AR146370 – APPEAL NOTICE OF INTENT TO RECORD A LIEN ASSESSMENT ISSUED TO GEORGE STAMM, 505 B STREET, 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 Regular Meeting July 7, 2016 3:00 P.M. Council Chambers Vice Chairperson Rouse called the meeting to order at 3:00 P.M. on Thursday, July 7, 2016 in the Council Chambers. ROLL CALL: Present: Board Members Schleder, Adeyemi and Vice Chairperson Rouse Absent: Board Members Gonsalves and Chairperson Simpson Staff Present: City Clerk, Arne Simonsen Minutes Clerk, Kitty Eiden Code Enforcement Assistant, Denise Skaggs Interim Code Enforcement Manager, Mike Aguirre PLEDGE OF ALLEGIANCE Vice Chairperson Rouse led the board, staff and public in the Pledge of Allegiance. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR JUNE 2, 2016 On motion by Board Member Adeyemi, seconded by Board Member Schleder, the Board of Administrative Appeals approved the Minutes for June 2, 2016. The motion carried the following vote: Ayes: Adeyemi, Rouse, Schleder Absent: Simpson, Gonsalves B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF APRIL AND MAY 2016 On motion by Board Member Adeyemi, seconded by Board Member Schleder, the Board of Administrative Appeals confirmed each assessment and the amount thereof, as proposed or as corrected and modified, and ordered it assessed against the property. The Board also directed that the same be recorded with the Contra Costa County Recorder’s Office. The motion carried the following vote: Ayes: Adeyemi, Rouse, Schleder Absent: Simpson, Gonsalves 1A 11-03-16 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting July 7, 2016 Page 2 of 2 PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS - None ADJOURNMENT Vice Chairperson Rouse adjourned the Administrative Board of Appeals meeting at 3:03 P.M. to the next regularly scheduled meeting on August 4, 2016. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting September 1, 2016 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:00 P.M. on Thursday, September 1, 2016 in the Council Chambers. ROLL CALL: Present: Board Members Rouse, Adeyemi, Ussam-Lemmons, (Alternate) and Chairperson Simpson Absent: Board Member Gonsalves and Schleder Staff Present: City Clerk, Arne Simonsen Code Enforcement Assistant, Denise Skaggs Interim Code Enforcement Manager, Mike Aguirre Code Enforcement Officer, Justine Sidie 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 JULY 7, 2016 A motion was made by Board Member Rouse, seconded by Board Member Adeyemi to approve the July 7, 2016 Minutes. The motion carried the following vote: Ayes: Adeyemi and Rouse Abstain: Ussam-Lemmons and Simpson Absent: Gonsalves and Schleder Due to the lack of members present to vote in the majority, this item will be continued to the next meeting. B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF JUNE 2016 1B 11-03-16 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting September 1, 2016 Page 2 of 2 Code Enforcement Assistant Skaggs gave an overview of steps taken by staff prior to the recommendation to request the levy of special assessments. She also discussed the process to release the lien once placed on a property. On motion by Board Member Adeyemi, seconded by Board Member Rouse, the Board of Administrative Appeals confirmed each assessment 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. The motion carried the following vote: Ayes: Adeyemi, Rouse, Simpson Abstain: Ussam-Lemmons Absent: Gonsalves, Schleder PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS - None ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 3:09 P.M. to the next regularly scheduled meeting on October 6, 2016. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting October 6, 2016 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:02 P.M. on Thursday, October 6, 2016 in the Council Chambers. ROLL CALL: Present: Board Members Schleder, Gonsalves, Ussam-Lemmons and Chairperson Simpson Absent: Board Members Rouse, Adeyemi Staff Present: Interim Code Enforcement Manager, Mike Aquirre Deputy City Clerk, Christina Garcia 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 SEPTEMBER 1, 2016 A motion was made by Board Member Ussam-Lemmons, seconded by Board Member Gonsalves to approve the September 1, 2016 Minutes. The motion carried the following vote: Ayes: Ussam-Lemmons and Simpson Abstain: Gonsalves and Schleder Absent: Rouse and Adeyemi Due to the lack of members present to vote in the majority, this item will be continued to the next meeting. B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF JULY 2016 Interim Code Enforcement Manager Aguirre stated there was a revised staff report dated October 6, 2016 as the property owner Barbara Stamm at 505 “B” Street requested to appear to appeal; therefore, that case was postponed until November. 1C 11-03-16 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting October 6, 2016 Page 2 of 2 In response to Board Member Ussam-Lemmons, Code Enforcement Manager Aguirre reviewed the process for noticing, citing, abating, and levying special assessments. He noted their ultimate goal was compliance. Chairperson Simpson added that when a citation was appealed, the Board would receive a copy of the citation with an explanation of the violation. On motion by Board Member Schleder, seconded by Board Member Gonsalves, 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 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. PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS - None ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 3:16 P.M. to the next regularly scheduled meeting on November 3, 2016. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk 1D STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON NOVEMBER 3, 2016 DATE: Regular Meeting of November 3, 2016 TO: Members of the Administrative Appeals Board SUBMITTED BY: Taylor Lopez, Code Enforcement Officer APPROVED BY: Forrest Ebbs, Community Development Director SUBJECT: Appeal of lien process for case CD1606-057 REQUEST: Mr. George Stamm request a hearing to appeal the notice of intent to record a lien for unpaid fees and fines related to Code Enforcement case CD1606-057. Antioch Municipal Code Sections: § 5-1.202 SPECIFIC NUISANCES PROHIBITED. A (2) Premises on which overgrown, dead ar decayed trees, weeds ar other vegetation pose a risk of harm to the public, ar constitute visual blight or reduce the aesthetic appearance of the neighborhood, or are offensive to the senses, ar are detrimental to the use and enjoyment of nearby properties, ar reduce nearby property values due to its visibility from the public right-of-way; And § 7-2.623 TREES, HEDGES, FENCES, AND SHRUBBERY. A (2) No tree, hedge, shrub, or other planting whatever, fence, or similar structure shall be maintained across any existing walkway in a sidewalk area ar shoulder. The intent of this restriction is to keep free a walkway far pedestrian ar other lawful public travel without interference by ar with vehicular travel. No encroachment of any nature shall be permitted or maintained which impedes, obstructs, or denies such pedestrian ar other lawful travel within the limits of the right-of-way of a public street or which impairs adequate sight distance far safe pedestrian ar vehicular traffic. BACKGROUND INFORMATION: 1) On June 9, 2016 1 was at this location and observed that the vegetation along the wall/fence line was overgrown and encroaching on the public right-of-way. A Notice of Violation was issued far the overgrown vegetation encroaching on the public right-of-way; the notice was posed on the fence in the front of the property and photos were taken (See attached A). The notice was also ___2A___ 11-03-16