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 FEBRUARY 2, 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 JANUARY 5, 2017 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 MONTH OF NOVEMBER 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. ANIMAL ID NO. A122670 “White Boy” (dog) – APPEAL FILED BY VICTOR AVILA, 2036 MOKELUMNE DRIVE, ANTIOCH, CA, TO OVERTURN THE “VICIOUS ANIMAL” [§6-1.801(B)(2)] DETERMINATION MADE BY ANTIOCH ANIMAL SERVICES. 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 January 5, 2017 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:07 P.M. on Thursday, January 5, 2017 in the Council Chambers. ROLL CALL: Present: Board Members Gonsalves, Schleder, Rouse, Adeyemi and Chairperson Simpson Absent: Board Member Ussam-Lemmons Staff Present: City Attorney, Michael Vigilia City Clerk, Arne Simonsen Minutes Clerk, Kitty Eiden Interim Code Enforcement Manager Mike Aguirre Code Enforcement Officer Jeff Gallegos 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 DECEMBER 1, 2016 On motion by Board Member Rouse, seconded by Board Member Schleder, the Board of Administrative Appeals approved the Minutes of December 1, 2016. The motion carried the following vote: Ayes: Rouse, Schleder, Simpson Abstain: Adeyemi, Gonsalves B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF OCTOBER 2016 On motion by Board Member Gonsalves, seconded by Board Member Adeyemi, the Board 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. 1A 02-02-17 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting January 5, 2017 Page 2 of 5 2. REGULAR AGENDA City Clerk Simonsen administered the Oath for all persons present intending to testify on the appeal. 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 Code Enforcement Officer Gallegos presented the staff report dated December 28, 2016 recommending the Board of Administrative Appeals uphold the citation issued to Calvin Lavinder for violation of the Antioch Municipal Codes §5-1.202(A)(1)(a) and §5-1.202(D). In response to Board Member Rouse, Code Enforcement Officer Gallegos explained that when he had spoken to occupant, Ricky, he had specified that if there was progress in the abatement of the property, he would allow more time; however, there was no progress and no additional time was granted. He noted after the second citation, Mr. Lavinder indicated he needed 3-4 more days to clean up after the tenant was evicted and he was given 5 days. He stated Mr. Lavinder was informed that although things were progressing, the remaining items needed to be corrected. He explained the initial violation was observed on September 21, 2016 and the property was found to be in compliance on November 28, 2016. He stated time limits were explained on the notice of violation which he believed were understood and Mr. Lavinder was aware that in spite of cleaning up the property by November 28, 2016, he would remain responsible for the additional $500.00 in fines. In response to Board Member Gonsalves, Code Enforcement Officer Gallegos clarified the notice of violation was sent to the owner, at the address on County records. He stated he was able to obtain a phone number for Mr. Lavinder on October 19, 2016 and at that time, he was informed of the restraining order; therefore, he allowed Mr. Lavinder additional time. He reported the inspection on November 14, 2016 showed more items that appeared to be attributed to someone moving out of the home. He noted he had attempted to contact someone at the residence; however, no one answered the door and Mr. Lavinder’s cell phone was not accepting calls. He clarified on October 19, 2016, Mr. Lavinder stated he was not living in the residence and had not received the Notice of Violation letter. He noted he informed Mr. Lavinder that he needed to update his address with the County Registrar’s office. Calvin Lavinder, Appellant, reported that due to threats he had received, he obtained a restraining order and had his tenant evicted. He reported he paid the original fine and thought the issue had been taken care of as he was unaware the last citation was issued because his mail had been destroyed by his tenant. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting January 5, 2017 Page 3 of 5 In response to Board Member Gonsalves, Mr. Lavinder stated as a result of the restraining order for the tenant to move out of his house, and when he did so, he left his possessions in the front yard. In response to Board Member Simpson, Mr. Lavinder stated he had received and paid the first administrative citation and he was unable to pay $700.00 for the additional citation. Board Member Rouse thanked Mr. Lavinder for exercising his right to file an appeal. In response to Board Member Rouse, Mr. Lavinder reported he was also hospitalized during this time period. He noted the evicted tenant owned all of the materials left in the yard. In response to Board Member Gonsalves, City Clerk Simonsen explained the process for applying for the Hardship Waiver. He stated after discussion with the appellant, it appeared he was appealing $750.00 in charges. Cira Acosta commented that tenant Forest had threatened Mr. Lavinder so she assisted him in filing for a restraining order. She reported that when the tenant was evicted, he had left his garbage in the yard. She noted Mr. Lavinder then had to hire and pay for someone to remove the additional items. She explained that Mr. Lavinder had not received the second citation because Forest had hidden his mail. Board Member Gonsalves stated he believed Mr. Lavinder acted prudently noting he had a troubled tenant, obtained a restraining order, paid the fine, and within 5 weeks, cleaned the property. Additionally, in light of his elder abuse and landlord/tenant issues, he felt his actions were prudent and timely. Chairperson Simpson stated on November 7, 2016, Code Enforcement inspected the property and the junk and rubbish had been removed. She noted at that time, only the tarp removal remained. She further noted the additional items on November 14, 2016, appeared to have been left by the evicted tenant and not a continuation of the first violation; therefore, she was concerned the second citation was elevated to $500.00. Board Member Rouse stated considering all circumstances surrounding compliance, the request to clean up and the efforts by the appellant to comply; the facts supported a decision to uphold the appeal and waive all fees requested. Board Member Adeyemi stated the appellant properly addressed the citation. He stated he would have preferred additional information regarding the dates he had been hospitalized and the tenant’s eviction. He questioned what fees were being proposed to be waived. City Clerk Simonsen explained that his understanding was when Mr. Lavinder filed the appeal; he was appealing the $500.00 fee, $50.00 late fee, and the $200.00 re-inspection fee. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting January 5, 2017 Page 4 of 5 Board Member Rouse responded that he was in support of waiving $750.00. Chairperson Simpson stated she supported waiving the $500.00 citation noting that the new items appeared to be attributed to the tenant being evicted and not the original citation. Board Member Rouse proposed suspending deliberation to allow for additional witness testimony. Board Member Gonsalves seconded. City Clerk Simonsen administered the Oath to Code Enforcement Manager Aguirre. Code Enforcement Manager Aquirre clarified the amounts being discussed were $500.00 for the administrative citation, $200.00 re-inspection fee, and a $50.00 late fee. He noted it was his understanding the Board could rescind the citation and not the re-inspection fee. In response to Board Member Rouse, City Attorney Vigilia responded that the scope of administrative review included whether the amount of the proposed fine should be reduced or waived. He clarified the text of the code states the Board would “review the issuance of citations and the proposed imposition of administrative fines”. He stated the Board could only adjudicate on the administrative citation fine and the late fee for that fine. Board Member Rouse moved to reopen debate. Board Member Rouse stated based on information provided by City Attorney Vigilia, it was his opinion that the Board should waive $550.00. Board Member Gonsalves agreed and recommended that staff look at the idea that if the Board was to waive a citation fee, there should also be some relief for the re-inspection fee. Chairperson Simpson agreed with waiving the $550.00 citation and late fee. She noted staff performed a re-inspection therefore she felt that fee should remain. A motion made by Board Member Gonsalves to grant the appeal of the appellant with regards to the second citation waiving the $500.00 citation fee and $50.00 late fee for a total of $550.00 debt relief. The motion was withdrawn for further discussion. Board Member Rouse requested clarification that the motion was referencing Invoice #AR147641, items #212514046020 Admin Citation #25460 and #212514046020 Late Charge. Board Member Gonsalves indicated that the above-mentioned items were what he was referring to in his motion. He noted it comes in terms of granting the appeal of the citation at the extent in which they had been advised, and in granting the appeal, find that the fine and the late fee were not due. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting January 5, 2017 Page 5 of 5 On motion by Board Member Gonsalves, seconded by Board Member Adeyemi, the Board of Administrative Appeals upheld citation #25447 for $250.00 and dismissed citation #25460 in the amount of $500.00 and the late charge in the amount of $50.00. The motion carried the following vote: Ayes: Adeyemi, Rouse, Gonsalves, Simpson Noes: Schleder PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS - None ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 4:15 P.M. to the next regularly scheduled meeting on February 2, 2017. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON FEBRUARY 2, 2017 Prepared by: Curt Michael, Code Enforcement Manager (¡,A Date: January 18, 2017 Subject: Approval of the Levy of Special Assessments on Certain Properties for Unpaid Administrative Citations & Abatements for the Month of November, 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 (Attachment "A"). The Board shall also direct that the same be recorded with the Contra Costa County Recorders Office and thereafter the assessment shall constitute a special assessment and lien against the property. FISCAL IMPACT The action will enable the City of Antioch to collect outstanding receivables against properties for the month of November, 2016, in the amount of $5,120.00 BACKGROUND INFORMATION Pursuant to Antioch Municipal Code §1-5.09 the City may collect any past due Administrative Citation fines, Abatements or late payment charges by use of special assessment liens and ali action for recovery of money. A Notice of lntent to Record Lien was sent to each property owner who is entitled to notice reflecting the property address directly connected to conditions or activities on the subject real property, assessors parce! number, the municipal code violation, administrative citation fine and copy of the administrative citations. ATTACHMENT A: List of assessments 1B 02/02/17 STAFF REPORT TO THE BOARD OF ADMINISTRATINS APPEALS FOR CONSIDERATION AT THE APPEAL HEARING OF FEBRUARY 2nd, 2017 PREPARED BY: Cat Cottle, Animal Control Officer DATE: February 2nd, 2017 SUBJECT: Vicious Animal Hearing Animal Services Case No: 17-000273 Antioch Mtmicipal Code § 6-1.80 (B) (b) REQUEST: Appellent Avila requested a hearing to appeal a Vicious Animal Declaration issued on December 22 nd, 2016, citing a violation of Antioch Municipal code § 6-1.80 (B} (b) which defines a Vicious Dog in part as: "A dog or animal which, when unprovoked, in an aggressive manner ínflicts severe injury on or kills a person or a domestic animal." BACKGROUND INFORMATION: Parties lnvolved: Responsible Dog lnvolved: White Boy" 11 Dog Owner: Víctor El< Avila (per microchip) Witness: Jessica Anaya Victim: Mario Oliva Homeowner: Ana Anaya On December 13 th, 2016, the Antioch Police Department, Antioch Animal Services and EMT responded to a cal! far service regarding a dog that had attacked an adult male, Mario Oliva outside the residence of. Mokelumne Orive, Antioch during a family reunían. By the time ali service personnel arrived on scene, the attack was over and ali dogs on the property were secured. When Animal Control arrived on scene the victim was en route to the hospital and ali parties were inside the residence of. Mokelumne Orive. Antioch Police Officers were present and informed Animal Control of the situation. The dog owner was identified by family on scene as Jessica Anaya [Witness] and Ms. Anaya was asked by Animal Control to bring her dog out as it _2A.WEB_ 02-02-17