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 JULY 6, 2017 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Frederick Rouse, Vice Chairperson Andrew Schleder Ademuyiwa “Ade” Adeyemi April Ussam-Lemmons Alternate Vacancy PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR JUNE 1, 2017 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 MAY 2017 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 STAFF REPORT OATH for all intending to testify A. CITATION NO. 32003 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING [§6-1.501(J)] TETHER OF THREE (3) DOGS FOR JERRY OVERMYER, 2201 CHICKIE STREET, ANTIOCH, CA PUBLIC COMMENTS—Only unagendized issues will be discussed during this time STAFF REPORT 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 Friday, 8:30 a.m. to 4:30 p.m., 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 June 1, 2017 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:03 P.M. on Thursday, June 1, 2017 in the Council Chambers. ROLL CALL: Present: Board Members Adeyemi, Schleder, Ussam-Lemmons, Rouse and Chairperson Simpson Staff Present: Interim City Attorney, Elizabeth Perez City Clerk, Arne Simonsen Director of Community Development, Forest Ebbs Code Enforcement Manager, Curt Michael Code Enforcement Officer, Justine Sidie Code Enforcement Officer, Taylor Lopez Code Enforcement Assistant, Denise Skaggs 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 MINUTES FOR MAY 4, 2017 On motion by Board Member Rouse, seconded by Board Member Ussam-Lemmons, the Board of Administrative Appeals unanimously approved the minutes of May 4, 2017. B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF MARCH AND APRIL 2017. Code Enforcement Assistant, Denise Skaggs presented the staff report dated May 18, 2017 and updated June 1, 2017. She reported that several Citations Abatements had been paid since the staff report was published and outstanding receivables against properties for the months of March and April were reduced to $1790.00. On motion by Board Member Adeyemi, seconded by Board Member Schleder, the Board of Administrative Appeals members unanimously confirmed each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property (attachment “A”). The Board directed that the same be recorded with the Contra Costa County 1A 07-06-17 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 1, 2017 Page 2 of 5 Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. Total amount of receivables against properties $1,790. Interim City Attorney Perez gave brief introductory comments and explained the manner in which the proceedings would be conducted. City Clerk Simonsen administered the Oath for all persons present intending to testify on the appeal. 2. REGULAR AGENDA A. CASE NO. CD1701-026/ APN NO. 065-110-007 – APPEAL NOTICE OF VIOLATION ISSUED TO JOE BOSMAN FOR PROPERTY ADDRESS LOCATED AT 701 WILBUR AVENUE, ANTIOCH CA Chairperson Simpson opened the public hearing. Code Enforcement Sidie presented the staff report dated April 25, 2017 recommending the Board of Administrative Appeals uphold the Notice of Violation issued to Joe Bosman for violations of the Antioch Municipal Code 9-5.3830. APPELLANT Joe Bosman, Appellant, thanked the Board of Administrative Appeals for serving the citizens of Antioch. He stated the staff report was misleading and explained he had purchased the property in 2000, at which time; the land had debris, abandoned vehicles/equipment and general neglect. He reported that prior to purchasing the land; the City approved his intent to locate a cabinet shop on the property, at which time, the Planning Director agreed that the use was non-conforming and allowed the use to take place. He noted existing uses also continued on the site including a duplex rental unit, ranch-hand 4 door entry rental unit, recreational vehicle rental spaces, material storage units and general engineering. He further noted the property was representative of a workforce property and his tenants were Veterans, retired and low income residents of good character. He reported a 126-unit affordable housing project had been approved by Council for the property; however, some issues needed to be resolved with the City Attorney which was ongoing and would take approximately 1-2 years. He provided the Board with a packet of information (78 pages and 13 photos) in support of his appeal. REBUTTALS Code Enforcement Sidie reminded the Board that the current violations on the property were for the use of recreational vehicles as temporary residences and parking/storage of motor vehicles on the property. She noted that the appellant had demonstrated that the recreational vehicles were parked on an improved surface. Joe Bosman, responded that he had outlined the code and responses to the code in the information presented to the Board. He reiterated that the property was historically and BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 1, 2017 Page 3 of 5 continually utilized, as it was today. He stated he was helping the City and the reason this came forward was due to an undesirable tenant who had become vindictive. Chairperson Simpson closed the public hearing. The Board took approximately 40 minutes to review materials submitted by Mr. Bosman. City Clerk Simonsen reported the City Clerk’s office had not received the packet of information provided by Mr. Bosman in advance of this meeting. He stated any questions Board Members had regarding the documents could be directed to Mr. Bosman. City Clerk Simonsen administered the Oath to Director of Community Development Ebbs. In response to Board Member Adeyemi, Director of Community Development Ebbs explained the determination regarding whether this was a legal non-conforming use was not before the Board this afternoon and was an issue for the Planning Commission to consider. Interim City Attorney Perez added that at this time, the Board was considering whether the notice of violation would stand and if it was appropriately issued. In response to Chairperson Simpson, Director of Community Development Ebbs clarified that no citations had been issued; the matter before the Board was the Notice of Violation for the recreational vehicles and parking/storage of vehicles on the property. In response to Board Member Rouse, Code Enforcement Officer Sidie responded that Mr. Bosman had indicated that a unit had been converted to a residential unit. She explained the property owner typically received 10 calendar days to conform; however, Mr. Bosman was given more time because there were multiple violations. City Clerk Simonsen administered the Oath to Code Enforcement Manager Michael. Code Enforcement Manager Michael clarified that typically violations of the municipal code were provided 10 days to comply; however, they had extended the deadline for Mr. Bosman based upon the volume of violations. Speaking to the building code violations, he noted they typically provided 30-60 days to correct and explained violations for this matter were issues related to obtaining building code permits and meeting with the Planning Department advising of the condition of the property. He stated extending the timeline for compliance was up to the discretion of the Code Enforcement Officer provided that there was a reasonable explanation. He reported that staff had met with Mr. Bosman on numerous occasions to conduct progress inspections. Chairperson Simpson declared a recess at 4:13 P.M. The meeting reconvened at 4:23 P.M. with all Board Members present. Board Member Rouse thanked the appellant for providing detailed information regarding his appeal and for improving the situation of blight. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 1, 2017 Page 4 of 5 In response to Board Member Rouse, Mr. Bosman stated that perhaps he did not have a clear understanding of what the violation was issued for as many things were going on with the property and use permits were involved and expensive. He stated they were prepared for the developer to move forward with a project for the property and they had backed out at the last minute due to mello roos taxes. He reported he intended to make improvements to the portion of the property he retained, which could have 25-units in addition to the 126-units Council had approved. He stated when he received the citation regarding meters and other details, there may be things that were not quite right, but he had done what he could by obtaining 11 permits and submitting applications to Council. Board Member Rouse stated the Board could only rule on whether representatives from the City had issued appropriate documentation and there was a limited scope for the Board to consider. Board Member Ussam - Lemmons thanked the appellant for providing documentation, being an asset to the community and providing housing for Veterans. She questioned if any vehicles or recreational vehicles on the property were parked on an unimproved surface. Mr. Bosman responded Building Official Boccio confirmed that the subsurface was acceptable as an improved surface. Board Member Ussam-Lemmons questioned if the meters were authorized and the appellant had obtained the permits required. Mr. Bosman reported he had pulled 11 permits over the years and one of the permits was for replacement of the main electrical service coming into the shop. He stated at the request of Code Enforcement, he had obtained another permit and he would apply for an additional permit, if it was necessary. In response to Board Member Ussam-Lemmons, Mr. Bosman indicated that there were recreational vehicles parked on the property that were being occupied as dwelling units. In response to Board Member Schleder, Mr. Bosman stated he had purchased the property in 2000, at which time there were 3-4 recreational vehicles on site. He noted it was a workforce housing parcel that he had improved. He stated he had not added any structures that were not permitted and he had followed the intent of the property. He explained that he had provided photos of the historical use of the property. He reiterated that he had obtained 11 permits, 2 development applications and had been cooperative as well as forthright with the City. In response to Chairperson Simpson, Mr. Bosman stated there were people living in the recreational vehicles on the property and there were no designated parking spaces; however, he had places in mind and there were fences/partitions so people were aware of where to stay. In response to Board Member Ussam-Lemmons, Code Enforcement Officer Sidie stated there were no health and safety violations on the property as the violation were for the temporary or permanent use of recreational vehicles and unpermitted structures. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 1, 2017 Page 5 of 5 Chairperson Simpson stated the Board was voting on the 3 items on the notice of violations. Board Member Schleder disclosed that former Building Inspector Griebling was a friend of his family and that issue would not affect his decision regarding the appeal. City Clerk Simonsen reported that former Building Inspector Griebling had left the City several years ago. Board Member Rouse stated the City needed to write citations for violations of the municipal code; however, he sympathized with the appellant and although he would have to vote a certain way, it did not indicate he felt that way. Board Member Ussam-Lemmons agreed and discussed the importance of residents complying with City codes. She noted that whatever the outcome of the hearing, she wanted Mr. Bosman not to feel as though the Board was undermining his dedication to City and further noted that it was appreciated. A motion was made by Board Member Rouse and seconded by Board Member Schleder to uphold the appeal. The motion failed by the following vote: Ayes: Rouse Noes: Adeyemi, Schleder, Ussam-Lemmons, Simpson On motion by Chairperson Simpson, seconded by Board Member Schleder, the Board of Administrative Appeals denied the appeal and upheld the violation. The motion carried the following vote: Ayes: Schlder, Ussam-Lemmons, Simpson Noes: Adeyemi, Rouse PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS City Clerk Simonsen announced former alternate Board Member Ussam-Lemmons had been appointed by Council to the full Board Member vacancy and there was currently a vacancy for the alternative member of the Board of Administrative Appeals. He announced applications were available in City Hall on the City Clerks and Deputy City Clerks counters and on the City’s website. ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 4:44 P.M. to the next regularly scheduled meeting on July 6, 2017. Respectfully Submitted, __________________________ Kitty Eiden, Minutes Clerk STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON July 6, 2017 Prepared by: Curt Michael, Code Enforcement Manager Date: June 20, 2017 Subject: Approval of !he Levy of Special Assessments on Certain Properties for Unpaid Administrative Citations & Abatements for !he Month of May, 2017 RECOMMENDATION The Board of Administrative Appeals shall confirm each assessment and !he amount thereof, as proposed or as corrected and modified, and order it assessed against !he property (Attachment "A"). The Board shall also direct that the same be recorded with the Contra Costa County Recorders Office and thereafter !he assessment shall constitute a special assessment and líen against the property. FISCAL IMPACT The action will enable !he City of Antioch to collect outstanding receivables against properties for !he month of May, in !he amount of $5,210.00 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 all action for recovery of money. A Notice of lntent to Record Líen 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, !he municipal code violation, administrative citation fine and copy of !he administrative citations. ATTACHMENT A: Lis! of assessments 1B 07/06/17 2A.WEB 07-06-17 2A.WEB.02 07-06-17 June 15, 2017 Jerry Overmyer 2201 Chickie Street Antioch, CA 94509 RE: Board of Administrative Appeals Hearing Property Address: 2201 Chickie Street, Antioch Citation Date: 06/01 /17 Citation No.: 32003 Dear Mr. Overmyer, This is a follow up to your written appeal filed on June 9, 2017, regarding the above­ referenced Administrative Citation received for three (3) Tethered Dogs. Please be advised your appeal is scheduled for Thursday, Ju/y 61 2017, at 3:00 p.m. in the Council Chambers, 200 H Street, Antioch, CA (across the breezeway from City Hall). AII people who wish to speak at the hearing, including you, will be required to take an Oath. This case will be heard and a decision rendered by the Board of Administrative Appeals. A General lnformation sheet is enclosed to answer any questions you may have regarding the appeals. The Agenda and Staff Reports will be posted onto our City's Website 72 hours befare the Board of Administrative Appeals Hearing date listed above. To view the Agenda information, simply click on the following link and then double click 'Board of Administrative Appeals': http://www.ci.antioch.ea.us/CityGov/agendas/. Other locations to view the Agenda are the City Council Chambers front window, City Clerk's Office, Antioch Branch Library, Senior Center on 2 nd Street, and the Antioch Community Center on Lone Tree Way. Thank you. Sincerely, �� CHRISTINA GARCIA Deputy City Clerk ce: Animal Services Enclosures Office of the CitrJ Clerlc 200 H Street P. O. Box 5007 Autioch CA 94531-5007 Pho11e: (925) 779-7009/Fax: (925) 779-7007  PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA) ss I am a citizen of the United States and a resident of the county aforesaid; 1 am over the age of eighteen years and not a party to the within entitled action; my business address is Office of the City Clerk far the City of Antioch, 200 "H" Street, P.O. Box 5007, Antioch, California 94531-5007. On June 15, 2017, 1 served the within Notice, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Antioch, California addressed as follows: Jerry Overmyer 2201 Chickie Street Antioch, CA 94509 1, Christina G arcia, certify (or declare), under penalty of perjury, that the foregoing is true and correct. Executed on June 15, 2017, at Antioch, California. O/fice of the City Clerk 200 H Street P. O. Box 5007 Antioch CA 94531-5007 Plwne: (925) 779-7009/Fax: (925) 779-7007  CITY OF ANTIOCH ADMINISTRATIVE BOARD OF APPEALS General Information for Persons Appealing Citations The Administrative Board of Appeals is comprised of five Antioch residents, who are appointed by the Mayor and have volunteered their time to hear your appeal. The Board Members do not receive monetary compensation for their time and they are not employees of the City. They do not make or control the law. They are hearing officers who will review your appeal because you have requested the City do so. As the person making the appeal (the appellant) please keep in mind the below: Schedule of Hearing:  When an appeal is requested, it is typically scheduled for the first Thursday of every month.  You will receive written notice of the date and time of the appeal hearing from the City Clerk’s office 10 days after you file your appeal.  The Agenda and Staff Reports will be posted onto our City’s Website 72 hours before the Board of Administrative Appeals Hearing date. To view the Agenda information, click on the following link and then double click ‘Board of Administrative Appeals’: http://www.ci.antioch.ca.us/CityGov/agendas/. Other locations to view the Agenda are the City Council Chambers front window, City Clerk’s Office, Antioch Branch Library, Senior Center on 2nd Street, and the Antioch Community Center on Lone Tree Way. When You Don’t Show For Your Hearing:  If you do not appear at the hearing time and date you have been notified of, and unless you have provided the City Clerk forty-eight (48) hour notice before the hearing that you are requesting a postponement, your appeal will be heard without you being there. How You Will Act At Your Appeal Hearing:  You and anyone else who is attending the appeal at your request will maintain a respectful attitude at all times,  If you or anyone else does not maintain a respectful attitude, you may be asked to leave the hearing by the Board Chairperson.  Your appeal is not an opportunity to debate or argue with City staff or Board members. Any questions should be directed to the Board Chairperson.  When you speak, you should talk about the reasons why you feel the citation was wrongfully issued. Rev. 03-03-14 How The Appeal Hearing Will Go:  The Board will read your item of appeal from its Agenda.  The Board will then ask City staff to present an oral report with regard to your citation. The Board may ask questions of City staff after the oral report. This oral report will be for five (5) minutes.  After staff has provided its report, and the Board is finished with its questions of staff, you will then be called to the podium to speak. Please come up and speak at the podium, not from the audience.  You will have five (5) minutes to present the reasons why you are appealing the citation.  Any other additional persons who may oppose or support your appeal can fill out speaker cards and speak for three (3) minutes.  The Board may then ask City staff for a rebuttal to the statements you or others made in support or opposition of your appeal. This rebuttal is only for three (3) minutes.  Then the hearing is completed and the Board will then issue its ruling on your appeal. Your Burden:  It is your appeal and therefore you bear the burden to prove that the citation was wrongfully issued.  To win your appeal, you must have a majority of the Board uphold your appeal (3 of 5, or 2 of 3).  If the Board determines there was in fact good reason to issue the citation, your appeal will be denied and the citation amount that you deposited to have your appeal will not be refunded. How The Board Will Rule: The Board can only rule one of two ways:  To uphold your appeal and dismiss the citation.  To deny your appeal and uphold the citation. Written Findings and Order:  The Board will render their findings and recommendations after the hearing is concluded or as soon as possible.  You will be mailed the written decision of hearing within ten (10) days of the hearing.  The decision of the Board is the final ruling on your appeal from the City.