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 JANUARY 5, 2017 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 DECEMBER 1, 2016 Recommended Action: Motion to approve the minutes STAFF REPORT B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF OCTOBER 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. CITATION NO.’S 25447 AND 25460/CASE NO. CD1609-067 – APPEAL OF TWO ADMINISTRATIVE CITATIONS ISSUED REGARDING INOPERABLE VEHICLE [§5- 1.202(D)] AND JUNK AND RUBBISH [§5-1.202(A)(1)(a)] FOR CALVIN LAVINDER, 1401 TULIP DRIVE, ANTIOCH, CA STAFF REPORT 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 December 1, 2016 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:01 P.M. on Thursday, December 1, 2016 in the Council Chambers. ROLL CALL: Present: Board Members Schleder, Rouse, Ussam-Lemmons and Chairperson Simpson Absent: Board Members Adeyemi and Gonsalves Staff Present: Administrative Services Director/Acting City Clerk, Nickie Mastay Code Enforcement Assistant, Denise Skaggs 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 NOVEMBER 3, 2016 On motion by Board Member Schleder, seconded by Board Member Rouse, the Board of Administrative Appeals approved the Minutes of November 3, 2016. The motion carried the following vote: Ayes: Rouse, Schleder, Ussam-Lemmons Abstain: Simpson Absent: Gonsalves, Adeyemi B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF SEPTEMBER 2016 On motion by Board Member Rouse, seconded by Board Member Ussam-Lemmons, the Board of Administrative Appeals members present 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. The motion carried the following vote: 1A 01-05-17 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting December 1, 2016 Page 2 of 2 Ayes: Rouse, Schleder, Ussam-Lemmons, Simpson Absent: Gonsalves, Adeyemi PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS Board Member Rouse wished everyone a Happy Holiday. Chairperson Simpson wished everyone a Happy Holiday and thanked Board Members for serving in 2016. ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 3:04 P.M. to the next regularly scheduled meeting on January 5, 2017. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk 1B STAFF REPORT TO THE ADMINISTRATIVE REVIEW PANEL FOR CONSIDERATION AT THE HEARING ON JANUARY 5, 2017 PREPARED BY: Jeff Gallegos, Code Enforcement Officer City of Antioch PREPARED FOR: Administrative Board of Appeals APPROVED BY: Mike Aguirre, Interim Code Enforcement Manage� DATE: December 28, 2016 SUBJECT: Case No. CD1609-067 1401 Tulip Dr. Violation of Antioch Municipal Codes §5-l.202(Ala) & §5-1.202 (D) REOUEST: Mr. Calvin Lavinder requests a hearing to appeal Administrative Citation's # 25447 issued on October 4, 2016 and # 25460 issued on November 15, 2016 , citing violation of the Antioch Municipal Code Sections: §5-1.202(Ala) The keeping, storage, depositing or accumulation on the premises of any personal property, including, but not limited to, abandoned, wrecked, dismantled, discarded or inoperable equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, solid waste, rubbish, trash and debris, dirt, sand, grave!, concrete or similar materials that is visible from the public right-of-way and: 1. Poses a risk of harm to the public; or 2. Constitutes visual blight or reduces the aesthetic appearance of the neighborhood; or 3. Is offensive to the senses; or 4. Is detrimental to the use and enjoyment of nearby properties; or 5. Reduces nearby property values due to the visibility from the public right-of- way. §5-1.202(0) Any outdoor parking or storage of any inoperable, wrecked, dismantled, salvaged, abandoned vehicle, or parts thereof, including watercraft so that it is within the view from the public right-of-way. BACKGROUND INFORMATION: On 9-20-2016, Code Enforcement received a phone complaint for junk and rubbish at the listed address. __2A.01__ 01-05-17 On 9-21-2016, I inspected the property and saw severa! items ofjunk and rubbish on the ground of the driveway, in a cargo trailer in the driveway, and stacked in a boat in the driveway. One ofthe vehicles in the driveway appeared inoperable, with flat tires and an open hood. There was also a blue tarp hanging across the front of the house, porch area, approximately 5 feet off the ground. Behind the tarp were severa! more items, including building materials, a mattress and other miscellaneous items. I spoke to a male, later identified as Ricky, and a female, who identified themselves as occupants of the house. They said they understood what needed to be corrected, but it may take longer than the 10 days allotted to them on the Notice of Violation. I told them to start with the work, and I would extend the deadline ifI could see progress in the clean up. I prepared a Notice of Violation letter for Antioch Municipal Code violations §5- l.202(Ala) Junk and rubbish, and §5-1.202(0) inoperable vehicle. I handed a copy of the notice to the male occupant, see above, and mailed a copy ofthe Notice ofViolation letter by first class mail to the listed property owner on file by the County Assessor' s office to Calvin Lavinder at 1401 Tulip Dr. Antioch, CA 94509. Photos and a copy of the Notice ofViolation letter are hereto attached as Exhibit "A". On 10-4-16, I inspected the property and saw severa! more items ofjunk and rubbish in public view, as well as the original inoperable vehicle. There was a different female on the porch this time, she stated that she was there to pick up Ricky but he wasn 't answering the door. I gave her a business card and told her to have Ricky call me when she spoke to him. I issued an administrative citation for $200 ($100 for each violation) and a re-inspection fee of $200. Both were mailed to 1401 Tulip Dr. Antioch, CA 94509. Photos, citation and re-inspection fee sheet attached hereto as Exhibit "B". On 10-19-16, I was able to speak to Calvin Lavinder via telephone and he told me he has just served a restraining order against the tenant Ricky and the Contra Costa County Sheriffs department has just come and evicted him. Lavinder was cunently in the process of cleaning up the property and requested more time as he is doing the work himself, he said he needed 3-4 more d ays. I told him that I'd come out Monday 10/24, which was 5 days, and re-inspect. He agreed to the time allotted. On 10-27-16, I inspected the property and sorne progress had been made. The inoperable vehicle was no longer in the driveway and severa! items ofjunk and rubbish were removed. There was now a pickup truck in the driveway filled with junk and rubbish. I attempted to call Lavinder and got an answering machine, I left a message to call me as soon as possible to avoid another citation. On 11-2-16, I inspected the property and the truck filled with junk and rubbish was still in the driveway. I called Lavinder to question why the truck was still there, he stated the brakes went out after he loaded it and it would be fixed on Thursday or Friday. I told him that I' d be back out on Monday to inspect and ifit was still there I would issue him a new citation. On 11-7-16, I inspected the property and ali the junk and rubbish around the driveway had been cleared away. The items on the side ofthe house were blocked by a make shift gate, the items in the bed of the truck were no longer there, and the items in the porch area had been removed. The only thing remaining was a make shift wood partition covered in blue tarp. I called Lavinder and told him the tarp needed to be removed and to call me when it' s complete. On 11-14-16, I inspected the property and severa! items from the house had been moved out to the porch area. I also inspected behind the makeshift gate and saw an inoperable motorcycle, as well as severa! discarded tires. I called Lavinder to question the new items in the yard, but I got a message that the number no Ionger accepts calls. I issued an administrative citation for $500 (2"d citation for j/r), and a re-inspection fee of $200. Both were mailed to 1401 Tulip Dr. Antioch, CA 94509. Photos, citation and re­ inspection fee sheet attached hereto as Exhibit "C". On 11-28-16, I inspected the property and there were no more violations. Everything that I requested to be done had been. See attached photos attached hereto as Exhibit "D". RECOMMENDATION: Recommendation to uphold the Administrative Citation issued to Calvin Lavinder for violation ofthe Antioch Municipal Codes §5-l.202(Ala) and §5-1.202(0).  EXHIBIT A (' 1872 \.',; ,¡LIFO\\l"Í\ NOTICE Of VIOLATION OF ANTIOCH MUNICIPAL CODE AND MAINTAINING PUBllC NUISANCE IN THE CITY Of ANTIOCH To: C1>.1..'J1\,) Lj),�\\nml Location of property: ll\Dl ::ílJLW j)g.,, A�<P,1 1'1 94@ APN: 0:N \J1..lb'1 ,_-�\1,,"'----- Case#: t&\lndkóll:I Date of lnspection: __,9_-'l, \e The property listed above has been found to be in violation of the City of Antioch's Municipal Code. The violation(s) marl<ed below require immediate action by the property owner/resident. Failure to corree! these violation(s) by the date indicated will result in further actions being taken by the City. 1� I Antioch Municipal Code Sections: u i :::����(�t�I�����:�:�::�:�:�?�:::��:;I;:t:��::eed� :�o;;:�:�e��:���-�:�� �sk:;�:r:;�::�2�����b�:;ht I O 5.�1.2.02(8) B_u_ild_ i_ n� 9r structures_ i.rl. a �ta_te ?f disrep_,'li_r_ inc lu_�_ing_ W?lls,. fences! signs, re_ta_ií1in9_l¡Va(ls, which _?_re_ �r_oken, __deteri_orate� _ ___J (.. �'"" 5.'.1_.2_02(D) Out�oor _par�in�t or_stora9�1 wrecked., _ _ dism�n_tled.,_ sel_lvci_ged_,__?b?ndo ,..Eld_yel_1i_cle ...�r_ paf!s.�her_eof. _incl_ud_ir:ig.__wat_e_rc_raf_ts. !. .CJ.__ ___ 5:-1..2_ 02{_q_)_(2)_Pa�l<i ng.. on �ri.improv�� SLJJ1ace. �. ----- --· ·--······- ·-.. ····--· ---·-· ·- --·-·· ·..------.. -· · ·· ·· ·-----··-· ·--..-· ---· .. · ---- (. .D_.__ 5ri1._4_9_3 Prope _rtY...º.w.ne_r ::;�ali no_� pt3rrT1i_t_ _propertv ..tha_t__ ha:3_ be_en_ _.�ef?c�d_ with graffiti__t()_E_emain_ j._ O___ �-ri1 ._0_2 B_uil_di_fl9...P<';_�_n,itSff3quired_to erect, const�uct_,___enle3rg_e,.. al!E3f,__repair, '!lºY_e, _impr()Ve, �eíl .º\l.f3, con_vert_or_d�molish_,.._()CCLJPY.º�--m<?i_[lt_airi... . § ···. :: : ::�. r r 0 l d l 1 v v . 18 1 � :�a� :: ::i::u� :::�:::: a�� ;::r�:t::: v: h�;l�:::�:;;o�:,::� ���: :�:;;e::�::ce upon .a l�t or p�rcel of land �ithint�e �it� J io ( 1 i s · 1. ... --- - t : : �; �� ; :�::�: �: �'.":fs::.:!;t�:e��h:�:eº��;��;:�:!;�;; ;�: pu�;¡�rig�;:�r-:�� -·· ··· . . h � LJ:J Other: ... _ R.equirnd Corrections: Wit in 10 calendar days om the date of this notice, you must corree! the violation(s) · · (checked off above) or file an app the City Clerk. lf you fail to do so, there will be a $� re-�l.o inspection lee in addition, the City may issue Administrative Citations, which carry fines that range from $100.00 to $1,000.00 per violation for every day the violation(s) are permitted to remain and/or take other actions to compel your compliance. We will be conducting our follow up inspection at the end of the above deadline to confirm your compliance. Thanl< you in advance for your cooperation in abating these violation(s). lf you have any questions, you may contact me al number indicated below during regular business hours. ( (,,3--W:1 14M,� 1\\,1.., \100 Ol: '.Jl,f\l'? � 1u..c'i:j\SI\ í"+-!>VI �'t\J.t. 'J)al,l ¡ INUU.'1)1JJt -AtL-::úW)ll ffi'Q\\,\M., lN :tlAt L\l\L 11\,1 L'TIA:SI\: <IJ :BaW, Al.L tID:1$ a� J\1,llli1AlAtf t :n� ¡ 1">UA!l ::Ii'fA' ¡"WL� IJlOl.ll) 1 W'-� C\\1-,,\LS ,Yi+IJ'lt: V\1-ls I lffl u&lleA1' 1A1,n, �l& IJ1'r'¡¡gi 0114 The property owner is responsible for ali costs associated with the abatement of this nuisance including, inspection fees, hearing costs, and any costs incurred by the City if forced to abale this nuisance. Corree! Violation(s) by: \D4-\lo Request building permit(s) by: __ _.,,t,1!.L/"'-------- Officer:Jéff: hMMU,.OS Phone: 925-779- I.\S-3 Date : ......, 'l'--' -2: -l,,_.,I,,,....______ "-\,._ White - File! Yellow- Owner I Pinl<- Post Con1n1unity Dcvclopn1cnt Dcpartn1cnt P.O. Box 5007 • 200 H Strcct •Antioch, CA 94531-5007 • Tel: 925-779-7035 • Fax: 925-779- 7034 • :,��ci.ant i ,:!:jJ..,J,�li 5/20 l 6  ADMINISTRATIVE EXHIBIT B CITATION Citation # City of Antioch � Code Enforcement- (925) 779-7042 o Pofice Department - (925) 779-6900 o Animal Control - (925) 779-6989 Date of Violation \ Time 9' AM I Day of Week _j_(l:-__'f-::/Jo__ __j__j_ill__ o PM _ _l__Ml)l'J1}f\�<1 - -f 1------ Location of V1o!alion �\b1 'í\AIL� :D'.b l>.Ní\l>í,1\ • tf>s C1talion ls ed To (owner/resident/businessf '\'-:IS0'3 · Date lssued � ____r,���--� ir'i:::lk_�- Address if different than vio!ation ___r/,\]1ia __ ����-�--�----- Cily State r,?;ip --1® ��---����-� Driver's U nse StatE? 008 1':151."í- Vehi Sta te Make Model Yo.u are being issued an Administrative Citation for the above violatfon(s). Addltional vlolations may result in additlonal Administrative fines and/or legal action. s1 6'.1 Violatlon $100.00 Refer to the back of this citation o 2 M Viofation $200.00/$500.00 far information on paying the amount indlcated. o 3'd V/olatlon $500.00/$1,000.00 AMC- Violatíon ¡;>esc'riJ)tloh··�f Viola_tiQt:l{S) Fine Anioúnt(S) Code S"ectlon Notes: 1' -�-�\.\M 1� II\ill� ...Qf�.Qi __ .f�H :]�l.,\<. \ll�W, '9.t;\>.\O\/l; 11.J'ili.lU'.'bl\!l fl?.!l\,\ í'I..Y,L\�€.W_,,___ Case # .tJ!li&.'1- Ol."1 'lssuing Officer ID number Date __ T, GAl.Ui(.l::í ���_i_�______lll--.'lcl!L__��-­ ffiAvo10 ADD/TIONAL CITATIONS, YOU MUST ABATE THE ABOVE . VIOLATIONIS_lQN OR BEFOR�IL-cl\.�l.. Questions regarding payment of lhis cilation, caJI !he Finance Departrnent, {925) 779-7055. Mail payment to: City of Antloch Finance Department P.O. Box 5007 Antioch, CA 94531-5007 To pay in person, the Cashiers are located on !he First Floor of Ci!y Hall, 200 H Street, Antioch, California Monday - �"day- 8:00 a.m. - 4:30 p.m. except hoJidays --------\ - - --- - -�----�-------�----' See Reverse Side ---" WHITF- - FILE COPY I YELLOW - VIOLAT!ON COPY I PINK- f'INANCE COPY  EXHIBIT C ADMINISTRATIVE CITATION Citation # City of Antioch \f Code Enforcement - (925) 779-7042 o Police Department - (925) 779-6900 o Animal Control - (925) 779-6989 Date of Violation j Time )6 AM i Day of Week 11�1'1�/t. ¡ {jf31;¡? o PM _ _ __.�- ---- Location of Vio!alion Nó I íJ,,u'P W· Citation lssued To (owner/residenllbusiness) DalEfrs�ed CAuluJ LAVl��- - -- _ll. ¡ 4 11o . _ _ Address if differenl than violation 51\1,t\;. ·--- Cily State Zip _Ai,ro@ --· ('}¡ ·--��� Driver's U nse 008 Year Make Color You are belng issued an Administrative Cltation for the above violatlon{ s). Additional violations may result in additional Administratlve fines and/or legal action. o 1" 1 Violation $100.00 Refer to the back of this citation X 2nd Violation $200.0 $500.00 far information on paying the -"'-"cc-='-"=====.:.:.:.::.:.:.L __-j amount indicated. o 3'd Violation .$500.00/$1 ,000.00 AMC Violation Descrlptlon ofViolation (s)·. ·'Fl'ne ·Aniou'rit_(S) COde:seCtlon - $ 9)o � ·--·$ -�--- - $ $ $ TOl'AlOUE: $ :Slb- Notes: ... :V..Ew� �L � OJ" S!!l-M-"'�'t>ISJ\ fu\/\--· 'y�\;;� t l�IÑl:. \-,\lil];"LC'IU.E jTl'HS, l'\t,n\ l',lL lt\-9'-11 ,N}'�=-��-��-- - -- ___c_ase " l'llli,O'l - lssuing Officer oi..1 ID number _ �G�ll&J..� _ f:ill'IY ..j . ��tf •• _fill':! 'iifQ AVOID AODITIO NAL CITAT IONS , OU � UST ABATE THE ABOVE l�b _ _ 1 . . VIObATION(S) ON__QR BEFORE, 1\ f2,.\.\ /J . -��- Questions regarding payrnent of this citation, call the Finance Departrnent, {925) i'79-7055. Mai! payment to: City of Antioch Finance Department P.O. Box 5007 Antioch, CA 94531·5007 To pay in person, the Cashiers are located on the First F!oor of City Hall, 200 H Street. Antioch, California �� � ays -· ( ���day\ �:�� �-:��·m·-=-- - �-p.rn. exc�!�_ho!id --� Rev1... 3[tf¡j:___ - WHffE ·• FILE COPY ! YELLO\N - VIOLJ\TJOH COPY I PIN!< - FINANCE COPY EXHIBIT D  CITY OF ANTIOCH Third and "H" Streets 2 P.O. Box 5007 Antioch, CA 94531-5007 3 925-779-7015 4 5 6 ADMINISTRATIVE CITATION HEARING 7 PURUSANT TO SECTION 1-5.05 OF ANTIOCH MUNICIPAL CODE 8 9 In re the Matter of: Citation No.: 25447 AND 25460 (1401 TULIIP DR, ANTIOCH, CA) 10 CALYIN LAVINDER [APPELLANT] [PROPOSED] DECISION OF BOARD OF 11 DMINISTRATNE APPEALS 12 13 14 l. GENERAL FINDINGS: 15 l. City of Antioch Citation No. 25447 AND 25460 was upheld. 16 2. City of Antioch Citation No. 25447 AND 25460 (1401 Tulip Drive, Antioch, CA) was dul 17 issued on October 4, 2016 and November 15,2016 citing two violations ofthe Antioch Municipa Code section § 18 Antioch Municipal Code section §5-1.202(A)(l) which states the keeping, storage, depositing o 19 accumulation on the premises of any personal property, including, but not limited to, abandoned wrecked, dismantled, discarded or inoperable equipment, appliances, furniture, containers 20 packing materials, scrap metal, wood, building materials, junk, solid waste, rubbish, trash an debris, dirt, sand, grave!, concrete or similar materials that is visible from the public right-of-wa 21 and: poses a risk of harm to the public or; constitutes visual blight or reduces the aestheti 22 appearance of the neighborhood; or is offensive to the senses; or is detrimental to the use an enjoyment of nearby propetties; or reduces nearby property values due to the visibility from th 23 public right-of-way. 24 Antioch Municipal Code section 5-1.202(D) which states is it a public nuisance to have outdoo parking or storage of any inoperable, wrecked, dismantled, salvaged, abandoned vehicle, or pait 25 thereofincluding watercraft so that is within the view from the public right-of-way. Any vehicl that is not currently registered with the California Department of Motor Vehicles to operat 26 legally on a public street is deemed inoperable for purposes ofthis section. 27 3. The Citation concerns Municipal Code violations at 1401 Tulip Orive, Antioch, CA. At al 28 relevan! times Appellant was the owner ofthe property and/or the responsible party.  4. Appellant appealed Citation No. 25447 AND 25460 on December 19, 2016. 2 5. An Administrative Appeals Board Hearing regarding the appeal was set for Janumy 5, 2017 a 3 3:00 p.m. at the Antioch City Council Chambers, and the Appellant was duly notified by the Ci Clerk. 4 5 6. Chapter 5 of Tille 1 of the Antioch Municipal Code allows police officers, as well as other Ci officials enumerated in the Municipal Code to issue administrative citations to person 6 responsible for a violation ofthe Antioch Municipal Code. 7 8 II. SPECIFIC FINDINGS: 9 An Administrative Appeals Board Hearing regarding Appellant's appeal ofthe Citation was duly he! 10 on January 5, 2017, at 3:00 p.m. Evidence, both oral and documentary, was taken and based on th 11 preponderance of said evidence, the following specific findings are made: 12 l. On 9-20-2016, Code Enforcement received a phone complaint for junk and rubbish at the listed address. 13 2. On 9-21-2016, CEO Gallegos inspected the property and saw severa! items ofjunk and rubbish 14 on the ground of the driveway, in a cargo trailer in the driveway, and stacked in a boa! in the driveway. One ofthe vehicles in the driveway appeared inoperable, with flat tires and an open 15 hood. There was also a blue tarp hanging across the front ofthe house, porch area, approximately 16 5 feet offthe ground. Behind the tarp were severa! more items, including building materials, a mattress and other miscellaneous items. CEO Gallegos spoke to a male, later identified as Ricky, 17 and a female, who identified themselves as occupants ofthe l10use. They said they understood what needed to be corrected, but it may take longer !han the 1 O days allotted to them on the 18 Notice ofViolation. CEO Gallegos told them to stmt with the work, and I would extend the deadline ifl could see progress in the clean up. 19 CEO Gallegos prepared a Notice ofViolation letter for Antioch Municipal Code violations §5- 20 l.202(Ala) Junk and rubbish, and §5-l.202(D) inoperable vehicle. CEO Gallegos handed a cop 21 ofthe notice to the male occupant, and mailed a copy ofthe Notice ofViolation letter by first class mail to the listed property owner on file by the County Assessor' s office to Calvin Lavinder 22 at 1401 Tulip Dr. Antioch, CA 94509. 23 3. On 10-4-16, CEO Gallegos inspected the property and saw severa! more items ofjunk and rubbish in public view, as well as the original inoperable vehicle. There was a different female 24 on the porch this time, she stated that she was there to pick up Ricky but he wasn 't answering the door. CEO Gallegos gave her a business card and told her to have Ricky cal! me when she spoke 25 to him. CEO Gallegos issued an administrative citation for $200 ($100 for each violation) and a 26 re-inspection fee of$200. Both were mailed to 1401 Tulip Dr. Antioch, CA 94509. 27 4. On 10-19-16, CEO Gallegos was able to speak to Calvin Lavinder via telephone and he told CEO Gallegos, he has just served a restraining order against the tenm1l Ricky and the Contra Costa 28 County Sheriff's department has just come and evicted him. Lavinder was currently in the process of cleaning up the property and requested more time as he is doing the work himself, he 2  said he needed 3-4 more d ays. CEO Gallegos told him that he would come out Monday 10/24, which was 5 days, and re-inspect. Lavinder agreed to the time allotted. 2 5. On 10-27-16, CEO Gallegos inspected the prope1ty and sorne progress had been made. The 3 inoperable vehicle was no longer in the driveway and severa] items of junk and rubbish were 4 removed. There was now a pickup truck in the driveway filled with junk and rubbish. CEO Gallegos attempted to call Calvin and got an answering machine and left a message to call CEO 5 Gallegos as soon as possible to avoid another citation. 6 6. On 11-2-16, CEO Gallegos inspected the property and the truck filled with junk and rubbish was still in the driveway. CEO Gallegos called Lavinder to question why the truck was still there. 7 Lavinder stated the brakes went out after he loaded it and it would be fixed on Thursday or Friday. CEO Gallegos told Lavinder that he would be back out on Monday to inspect and if it 8 was stiII there CEO Gallegos would issue him a new citation. 7. On 11-7-16, CEO Gallegos inspected the propetty and ali thejunk and rubbish around the 10 driveway had been cleared away. The items on the side ofthe house were blocked by a make shift gate, the items in the bed of the truck were no longer there, and the items in the porch area 11 had been removed. The only thing remaining was a make shift wood partition covered in blue tarp. CEO Gallegos called Lavinder and told him the tarp needed to be removed and to call me 12 when it's complete. 13 8. On 11-14-16, CEO Gallegos inspected the property and severa] items from the house had been 14 moved out to the porch area. CEO Gallegos also inspected behind the makeshift gate and saw an inoperable motorcycle, as well as severa] discarded tires. CEO Gallegos called Lavinder to 15 question the new items in the yard, but CEO Gallegos got a message that the number no longer accepts calls. CEO Gallegos issued an administrative citation for $500 (2"d citation for j/r), and a 16 re-inspection fee of$200. Both were mailed to 1401 Tulip Dr. Antioch, CA 94509. 17 9. On 11-28-16, CEO Gallegos inspected the property and there were no more violations. Everything that CEO Gallegos requested to be done had been. 18 19 10. Appellant has continued conduct in violation of Antioch Municipal Code section §5-1.202(0) an §5-l.202(A1 )(a) despite the warnings. 20 11. The Board finds that the reasons given by Appellant for these ongoing violations are not credibl 21 and are not mitigations for her unlawful conduct. 22 23 24 25 26 27 28 3  Based on a preponderance of evidence, the Board finds that there was probable cause to issue the citation and th appeal is denied. The citation deposit amount will not be refunded. 2 III. NOTICE: 3 4 Notice of this decision shall be given to the Appellant, by hand delivering a copy of these Finding and Decision to Appellant or by mailing a copy by first class U.S. Mail, addressed to Calvi 5 Lavinder, 1401 Tulip Drive, CA, 94509. 6 Dated: January 5, 2017 7 CHAIRPERSON OF THE BOARD Notice of Right To Appeal Decision: Any person aggrieved by an Administrative Board of Appeals may obtai !O review of the decision by the Contra Costa Superior Court, 725 Court Street, Martinez, CA, 94553, pursuant t Section 53069.4 ofthe California Government Code. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4