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 AUGUST 2, 2018 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Ademuyiwa “Ade” Adeyemi, Vice Chairperson Farideh Faraji Marie Livingston Vacant Vacant, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR JUNE 7, 2018 STAFF REPORT Recommended Action: Motion to approve the minutes. B. CODE ENFORCEMENT APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF MAY 2018 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  CONSENT CALENDAR – Continued C. BUSINESS LICENSE – APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR THE MONTHS OF JUNE AND JULY 2018 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. ADMINISTRATIVE CITATION NO. 27102 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING “PARKING COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS” [§4-5.1223] AND “WHEN STORAGE OF A RECREATIONAL VEHICLE IS A PUBLIC NUISANCE” [§5-1.201.1], TO ROBERTO MONROY, 2506 HOOFTRAIL 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, City Hall, 200 H Street, Antioch, CA 94509, Monday through Friday, 8:00 a.m. to 5:00 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 7, 2018 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:01 P.M. on Thursday, June 7, 2018 in the Council Chambers. ROLL CALL: Present: Board Members Adeyemi, Faraji, Livingston and Chairperson Simpson Staff Present: Interim City Attorney, Anita Bamshad Minutes Clerk, Kitty Eiden Finance Services Supervisor, Lisa Saunders Business License Representative, Vanessa Rosales Business License Representative, Claudia Argenal Code Enforcement Manager, Curt Michael Administrative Analyst, Tamara Leach 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 3, 2018 On motion by Board Member Faraji seconded by Board Member Adeyemi, the Board of Administrative Appeals unanimously approved the Minutes for May 3, 2018. B. CODE ENFORCEMENT – APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF APRIL 2018 On motion by Board Member Adeyemi, seconded by Board Member Faraji, 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. C. BUSINESS LICENSE – APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR THE MONTH OF MAY 2018 1A 08-02-18 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 7, 2018 Page 2 of 3 Finance Service Supervisor Saunders presented the supplemental staff report dated June 7, 2018 recommending the Board of Administrative Appeals approve the amended assessments in the amount of $25,548.00. On motion by Board Member Adeyemi, seconded by Board Member Livingston, the Board of Administrative Appeals unanimously confirmed each assessment as amended 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. 2. REGULAR AGENDA Interim City Attorney Bamshad explained the manner in which the proceedings would be conducted. OATH Interim City Attorney Bamshad administered the Oath for all persons present intending to testify. A. ADMINISTRATIVE CITATION NO. 5366 – APPEAL FILED BY ERIC DEPPER FOR THE PROPERTY LOCATED AT 1216 SYCAMORE DRIVE, APT. 1, ANTIOCH, REGARDING ANTIOCH MUNICIPAL CODE “BUSINESS LICENSE REQUIRED” [§3- 1.103]. Finance Services Supervisor Saunders presented the staff report dated June 7, 2018 recommending the Board of Administrative Appeals uphold the $500 Administrative Citation No. 5366. In response to Board Member Faraji, Chairperson Simpson stated that this was the only opportunity for Mr. Depper to appeal his citation. She clarified that a letter was sent to the appellant from the City Clerk’s office informing him of the time and date of his appeal and that letter was included in the staff report. On motion by Board Member Adeyemi, seconded by Board Member Faraji, the Board of Administrative Appeals unanimously upheld the citation and denied the appeal. PUBLIC COMMENTS – None WRITTEN/ORAL COMMUNICATIONS Chairperson Simpson announced the Board of Administrative Appeals meeting scheduled for July 5, 2018 had been cancelled and the next regularly scheduled meeting date was August 2, 2018. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 7, 2018 Page 3 of 3 ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 3:17 P.M. to the next regularly scheduled meeting on August 2, 2018. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON AUGUST 2, 2018 Prepared by: Curt Michael, Code Enforcement Manager( ',d Date: July 12, 2018 Subject: Approval of the Levy of Special Assessments on Certain Properties far Unpaid Administrative Citations & Abatements far the Month of May, 201� RECOMMENDATION The Board of Administrative Appeals shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and arder 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 far the month of May in the amount of $18,990.00 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 far 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 08/02/18  STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON AUGUST 2, 2018 DATE: July 23, 2018 APPROVED BY: L. Saunders, Finance Services Supervisor SUBJECT: BUSINESS LICENSE – Approval of the Levy of Special Assessments on Certain Properties for Unpaid Business License Taxes and/or Administrative Citation(s) for the Month of June & July 2018 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 Recorder’s 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 Unpaid Business License Taxes and/or Administrative Citation(s) for the month of June & July 2018 in the amount of $34,875.00. 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 Intent to Record Lien (Attachment B) was sent to each property owner on July 9, 2018 who is entitled to notice reflecting the property address directly connected to conditions or activities on the subject real property, assessor’s parcel number, the municipal code violation, administrative citation fine and copy of the administrative citations. ATTACHMENT A: List of Assessments B: Notice of Intent to Record Lien __1C___ 08/02/18 8/2/2018 Page 1 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 150007 C218005 051-362-027-8 $110.00 2921 HONEYNUT ST DELCHIARO DONNA 330 W CYPRESS RD OAKLEY, CA 94561 150294 C218005 051-362-027-8 $220.00 2921 HONEYNUT ST DELCHIARO DONNA 330 W CYPRESS RD OAKLEY, CA 94561 150625 C218005 051-362-027-8 $783.00 2921 HONEYNUT ST DELCHIARO DONNA 330 W CYPRESS RD OAKLEY, CA 94561 151193 C218005 051-362-027-8 $550.00 2921 HONEYNUT ST DELCHIARO DONNA 330 W CYPRESS RD OAKLEY, CA 94561 150060 C200549 055-320-086-6 $110.00 5214 GLENRIDGE WAY SHEPPARD FOREMAN ELTRA PATRICE 2493 INEZ WAY ANTIOCH, CA 94531 150481 C200549 055-320-086-6 $220.00 5214 GLENRIDGE WAY SHEPPARD FOREMAN ELTRA PATRICE 2493 INEZ WAY ANTIOCH, CA 94531 150632 C200549 055-320-086-6 $783.00 5214 GLENRIDGE WAY SHEPPARD FOREMAN ELTRA PATRICE 2493 INEZ WAY ANTIOCH, CA 94531 151192 C200549 055-320-086-6 $550.00 5214 GLENRIDGE WAY SHEPPARD FOREMAN ELTRA PATRICE 2493 INEZ WAY ANTIOCH, CA 94531 149482 C217731 055-550-015-6 $110.00 2472 CROCKER WAY BRADLEY DEREK 1966 HILLSDALE ST HAYWARD, CA 94541 149585 C217731 055-550-015-6 $220.00 2472 CROCKER WAY BRADLEY DEREK 1966 HILLSDALE ST HAYWARD, CA 94541 150576 C217731 055-550-015-6 $783.00 2472 CROCKER WAY BRADLEY DEREK 1966 HILLSDALE ST HAYWARD, CA 94541 151179 C217731 055-550-015-6 $550.00 2472 CROCKER WAY BRADLEY DEREK 1966 HILLSDALE ST HAYWARD, CA 94541 149750 C217892 074-351-035-6 $110.00 2305 PEPPERTREE WAY DAM TUAN Q & KEIKO A 2304 LEMONTREE WAY #1 APT 1 ANTIOCH, CA 94509 150025 C217892 074-351-035-6 $220.00 2305 PEPPERTREE WAY DAM TUAN Q & KEIKO A 2304 LEMONTREE WAY #1 APT 1 ANTIOCH, CA 94509 150323 C217892 074-351-035-6 $550.00 2305 PEPPERTREE WAY DAM TUAN Q & KEIKO A 2304 LEMONTREE WAY #1 APT 1 ANTIOCH, CA 94509 150612 C217892 074-351-035-6 $483.00 2305 PEPPERTREE WAY DAM TUAN Q & KEIKO A 2304 LEMONTREE WAY #1 APT 1 ANTIOCH, CA 94509 149749 C217892 074-343-023-3 $110.00 2304 LEMONTREE WAY DAM TUAN Q & KEIKO A 2304 LEMONTREE WAY #1 APT 1 ANTIOCH, CA 94509 150024 C217892 074-343-023-3 $220.00 2304 LEMONTREE WAY DAM TUAN Q & KEIKO A 2304 LEMONTREE WAY #1 APT 1 ANTIOCH, CA 94509 150322 C217892 074-343-023-3 $550.00 2304 LEMONTREE WAY DAM TUAN Q & KEIKO A 2304 LEMONTREE WAY #1 APT 1 ANTIOCH, CA 94509 150613 C217892 074-343-023-3 $483.00 2304 LEMONTREE WAY DAM TUAN Q & KEIKO A 2304 LEMONTREE WAY #1 APT 1 ANTIOCH, CA 94509 150268 C218029 053-230-032-4 $110.00 2712 HARVEST LN APT 194 CHINN JEFF TRE 2522 CORRIE CT BRENTWOOD, CA 94513 150623 C218029 053-230-032-4 $483.00 2712 HARVEST LN APT 194 CHINN JEFF TRE 2522 CORRIE CT BRENTWOOD, CA 94513 151180 C218029 053-230-032-4 $220.00 2712 HARVEST LN APT 194 CHINN JEFF TRE 2522 CORRIE CT BRENTWOOD, CA 94513 151443 C218029 053-230-032-4 $550.00 2712 HARVEST LN APT 194 CHINN JEFF TRE 2522 CORRIE CT BRENTWOOD, CA 94513 8/2/2018 Page 2 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A 149475 C217720 055-430-016-0 $110.00 5456 SOUTHWOOD WAY BARDIN STEWART L & MARIA S 52 MATISSE CT PLEASANT HILL, CA 94523 149578 C217720 055-430-016-0 $220.00 5456 SOUTHWOOD WAY BARDIN STEWART L & MARIA S 52 MATISSE CT PLEASANT HILL, CA 94523 150279 C217720 055-430-016-0 $550.00 5456 SOUTHWOOD WAY BARDIN STEWART L & MARIA S 52 MATISSE CT PLEASANT HILL, CA 94523 150510 C217720 055-430-016-0 $783.00 5456 SOUTHWOOD WAY BARDIN STEWART L & MARIA S 52 MATISSE CT PLEASANT HILL, CA 94523 149747 C217890 076-330-167-8 $110.00 2604 HAMPTON LN ZHOU YANHAO 19 BEECHWOOD CT PITTSBURG, CA 94565 150023 C217890 076-330-167-8 $220.00 2604 HAMPTON LN ZHOU YANHAO 19 BEECHWOOD CT PITTSBURG, CA 94565 150321 C217890 076-330-167-8 $550.00 2604 HAMPTON LN ZHOU YANHAO 19 BEECHWOOD CT PITTSBURG, CA 94565 150609 C217890 076-330-167-8 $783.00 2604 HAMPTON LN ZHOU YANHAO 19 BEECHWOOD CT PITTSBURG, CA 94565 149618 C217835 056-360-035-2 $110.00 5605 LEITRIM WAY CARTER LOUIS E JR & LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 149710 C217835 056-360-035-2 $220.00 5605 LEITRIM WAY CARTER LOUIS E JR & LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 150034 C217835 056-360-035-2 $550.00 5605 LEITRIM WAY CARTER LOUIS E JR & LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 150501 C217835 056-360-035-2 $783.00 5605 LEITRIM WAY CARTER LOUIS E JR & LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 149742 C217887 072-144-015-4 $110.00 2508 DEWLAP ST ZHOU ANDY F 41484 MAHONEY ST FREMONT, CA 94538 150018 C217887 072-144-015-4 $220.00 2508 DEWLAP ST ZHOU ANDY F 41484 MAHONEY ST FREMONT, CA 94538 150316 C217887 072-144-015-4 $550.00 2508 DEWLAP ST ZHOU ANDY F 41484 MAHONEY ST FREMONT, CA 94538 150601 C217887 072-144-015-4 $783.00 2508 DEWLAP ST ZHOU ANDY F 41484 MAHONEY ST FREMONT, CA 94538 149743 C217887 072-144-015-4 $110.00 3517 BLYTHE DR ZHOU ANDY F 41484 MAHONEY ST FREMONT, CA 94538 150019 C217887 072-144-015-4 $220.00 3517 BLYTHE DR ZHOU ANDY F 41484 MAHONEY ST FREMONT, CA 94538 150317 C217887 072-144-015-4 $550.00 3517 BLYTHE DR ZHOU ANDY F 41484 MAHONEY ST FREMONT, CA 94538 150602 C217887 072-144-015-4 $783.00 3517 BLYTHE DR ZHOU ANDY F 41484 MAHONEY ST FREMONT, CA 94538 149483 C217732 053-210-024-5 $110.00 2908 WINDING LN BARNES & HAYE KELLY & JUDY L 2344 FORTY NINER CT ANTIOCH, CA 94531 150521 C217732 053-210-024-5 $483.00 2908 WINDING LN BARNES & HAYE KELLY & JUDY L 2344 FORTY NINER CT ANTIOCH, CA 94531 151727 C217732 053-210-024-5 $550.00 2908 WINDING LN BARNES & HAYE KELLY & JUDY L 2344 FORTY NINER CT ANTIOCH, CA 94531 149271 C217684 068-623-011-1 $110.00 607 BURWOOD WAY CUI & CHEN KENNETH & MAGGIE 4037 LAWTON ST SAN FRNACISCO, CA 94122 8/2/2018 Page 3 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A 149415 C217684 068-623-011-1 $210.00 607 BURWOOD WAY CUI & CHEN KENNETH & MAGGIE 4037 LAWTON ST SAN FRNACISCO, CA 94122 149590 C217684 068-623-011-1 $550.00 607 BURWOOD WAY CUI & CHEN KENNETH & MAGGIE 4037 LAWTON ST SAN FRNACISCO, CA 94122 150520 C217684 068-623-011-1 $502.00 607 BURWOOD WAY CUI & CHEN KENNETH & MAGGIE 4037 LAWTON ST SAN FRNACISCO, CA 94122 149751 C217893 075-413-007-8 $110.00 2428 CAMBRIDGE DR DAROSA DOMINGO 14093 BESKEEN RD HERALD, CA 95638 150026 C217893 075-413-007-8 $220.00 2428 CAMBRIDGE DR DAROSA DOMINGO 14093 BESKEEN RD HERALD, CA 95638 150324 C217893 075-413-007-8 $550.00 2428 CAMBRIDGE DR DAROSA DOMINGO 14093 BESKEEN RD HERALD, CA 95638 150610 C217893 075-413-007-8 $783.00 2428 CAMBRIDGE DR DAROSA DOMINGO 14093 BESKEEN RD HERALD, CA 95638 149733 C217880 071-212-023-7 $110.00 3624 LONGVIEW RD DEVEAUX MONA 3620 LONGVIEW RD ANTIOCH, CA 94509 150012 C217880 071-212-023-7 $220.00 3624 LONGVIEW RD DEVEAUX MONA 3620 LONGVIEW RD ANTIOCH, CA 94509 150313 C217880 071-212-023-7 $550.00 3624 LONGVIEW RD DEVEAUX MONA 3620 LONGVIEW RD ANTIOCH, CA 94509 150598 C217880 071-212-023-7 $783.00 3624 LONGVIEW RD DEVEAUX MONA 3620 LONGVIEW RD ANTIOCH, CA 94509 149732 C212816 053-650-016-8 $110.00 4312 GALENEZ WAY DESOTO JUAN 4105 DIORITE CT ANTIOCH, CA 94531 150011 C212816 053-650-016-8 $220.00 4312 GALENEZ WAY DESOTO JUAN 4105 DIORITE CT ANTIOCH, CA 94531 150312 C212816 053-650-016-8 $550.00 4312 GALENEZ WAY DESOTO JUAN 4105 DIORITE CT ANTIOCH, CA 94531 150599 C212816 053-650-016-8 $783.00 4312 GALENEZ WAY DESOTO JUAN 4105 DIORITE CT ANTIOCH, CA 94531 150008 C218006 076-330-012-6 $110.00 2607 RUTGERS LN DENSON KARYN E 665 DARTMOOR LN #357 HAYWARD, CA 94544 150295 C218006 076-330-012-6 $220.00 2607 RUTGERS LN DENSON KARYN E 665 DARTMOOR LN #357 HAYWARD, CA 94544 150589 C218006 076-330-012-6 $783.00 2607 RUTGERS LN DENSON KARYN E 665 DARTMOOR LN #357 HAYWARD, CA 94544 151186 C218006 076-330-012-6 $550.00 2607 RUTGERS LN DENSON KARYN E 665 DARTMOOR LN #357 HAYWARD, CA 94544 150053 C218015 068-026-030-4 $110.00 1935 EVERGREEN AVE FABIAN IGNACIO & MARIA D C 4940 KUSHNER WAY ANTIOCH, CA 94531 150333 C218015 068-026-030-4 $220.00 1935 EVERGREEN AVE FABIAN IGNACIO & MARIA D C 4940 KUSHNER WAY ANTIOCH, CA 94531 150596 C218015 068-026-030-4 $783.00 1935 EVERGREEN AVE FABIAN IGNACIO & MARIA D C 4940 KUSHNER WAY ANTIOCH, CA 94531 151424 C218015 068-026-030-4 $550.00 1935 EVERGREEN AVE FABIAN IGNACIO & MARIA D C 4940 KUSHNER WAY ANTIOCH, CA 94531 150286 C216686 055-580-009-3 $110.00 2511 VALLECITO WY DICKSON EMMA L 786 COLBY ST SAN FRANCISCO, CA 94134 150588 C216686 055-580-009-3 $783.00 2511 VALLECITO WY DICKSON EMMA L 786 COLBY ST SAN FRANCISCO, CA 94134 151183 C216686 055-580-009-3 $220.00 2511 VALLECITO WY DICKSON EMMA L 786 COLBY ST SAN FRANCISCO, CA 94134 151442 C216686 055-580-009-3 $550.00 2511 VALLECITO WY DICKSON EMMA L 786 COLBY ST SAN FRANCISCO, CA 94134 8/2/2018 Page 4 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A 150052 C218014 051-243-004-2 $110.00 1424 YOSEMITE DR EVANS JOHN H TRE EST OF 1606 LILAC LN ANTIOCH, CA 94509 150332 C218014 051-243-004-2 $220.00 1424 YOSEMITE DR EVANS JOHN H TRE EST OF 1606 LILAC LN ANTIOCH, CA 94509 150595 C218014 051-243-004-2 $783.00 1424 YOSEMITE DR EVANS JOHN H TRE EST OF 1606 LILAC LN ANTIOCH, CA 94509 151425 C218014 051-243-004-2 $550.00 1424 YOSEMITE DR EVANS JOHN H TRE EST OF 1606 LILAC LN ANTIOCH, CA 94509 150048 C218010 051-072-018-8 $110.00 1580 WALNUT AVE ESCAMILLA & MEDINA JUAN M & JUAN CARLOS 19441 SUTLIFF RD ESCALON, CA 95320 150328 C218010 051-072-018-8 $220.00 1580 WALNUT AVE ESCAMILLA & MEDINA JUAN M & JUAN CARLOS 19441 SUTLIFF RD ESCALON, CA 95320 150593 C218010 051-072-018-8 $783.00 1580 WALNUT AVE ESCAMILLA & MEDINA JUAN M & JUAN CARLOS 19441 SUTLIFF RD ESCALON, CA 95320 151426 C218010 051-072-018-8 $550.00 1580 WALNUT AVE ESCAMILLA & MEDINA JUAN M & JUAN CARLOS 19441 SUTLIFF RD ESCALON, CA 95320 150047 C218009 053-321-005-0 $110.00 5008 RODEO CIR EDWARDS GARY L 10624 S EASTERN AVE PMB A104 HENDERSON, NV 89052 150327 C218009 053-321-005-0 $220.00 5008 RODEO CIR EDWARDS GARY L 10624 S EASTERN AVE PMB A104 HENDERSON, NV 89052 150592 C218009 053-321-005-0 $783.00 5008 RODEO CIR EDWARDS GARY L 10624 S EASTERN AVE PMB A104 HENDERSON, NV 89052 151427 C218009 053-321-005-0 $550.00 5008 RODEO CIR EDWARDS GARY L 10624 S EASTERN AVE PMB A104 HENDERSON, NV 89052 TOTAL $34,875.00  ATTACHMENT B FINANCE DEPARTMENT PO Box 5007, Antioch, CA 94531-5007 NOTICE OF INTENT TO RECORD LIEN DATE Owner Name Mailing Address City, State, Zip SUBJECT: UNPAID BUSINESS LICENSES TAXES & ADMINISTRATIVE CITATION(S) IN THE AMOUNT OF $ XXXX.XX Address: Property Subject Address Parcel No: xxx-xxx-xx-x Customer No: CXXXXXX/3 PLEASE BE ADVISED, the City of Antioch claims a special assessment pursuant to Cal. Gov’t Code §38773.5 and Antioch Municipal Code §1-5.09 for unpaid Business License taxes, Administrative Citation(s) and penalties relating to the above referred to real property. Said taxes, fines and late penalties were not fully reimbursed to the City of Antioch within 30 days of the date of billing. On Thursday, DATE at 3:00 P.M. the ADMINISTRATIVE BOARD OF APPEALS will receive the proposed assessment for hearing and confirmation. Should you object to the proposed assessment and choose to challenge the proposed assessment at the hearing, you must submit any and all objections in writing to the City Clerk at least three (3) days prior to the date of said hearing. Failure to submit written objections to the City Clerk at least three (3) days prior to the hearing date shall constitute a waiver of any such objections and the matter may be placed on the consent calendar of the agenda for the Board of Administrative Appeals. BE FURTHER ADVISED that the amount of the assessment shall be recorded with the Contra Costa County Recorder’s office on DATE. To avoid recordation, please make payment to the City of Antioch, on or before DATE failure to respond to this notice shall not affect the validity of the proceedings. Please be aware that if a lien is recorded on your property there will be additional cost to release said lien. CITY OF ANTIOCH PO BOX 5007 ANTIOCH, CA 94531-5007 It is my desire that you will comply with this final notice, thus relieving the City of any further action. If you have any questions in this matter, please call the Business License Department at (925) 779-7059. Thank you for your immediate cooperation. Sincerely, L. Saunders Finance Services Supervisor cc: City Attorney STAFF REPORT TO THE ADMINISTRA TIVE REVIEW PANEL FOR CONSIDERATION AT THE HEARING ON August 2, 2018 PREPARED BY: Justine Sidie, Code Enforcement Offícer PREP ARED FOR: Administrative Board of Appeals APPROVED BY: Curt Micha.el, Code Enforcement Manager DATE: August 2, 2018 SUBJECT: Case No. CE1804-013 Way Violation of Antioch Municipal Codes: §4-5.1223 §5-1.201.1 REOUEST: Roberto Momoy has requested a hearing to appeal a citation issued on May 30, 2018, far the following violations of the An1ioch Municipal Code: §4-5.1223 PARKING COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS. No person shall park any motor vehicle used far commercial, industrial, or agricultural purposes and rated more than one-ton capacity, and no trailer used far the same, in any residential district. §5-1.201.1 WHEN STORAGE OF A RECREATIONAL VEHICLE IS A PUBLIC NUISANCE. It is hereby declared a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises in the city to parle or store any recreational vehicle, including but not limited to, a trailer, boat, fifth-wheel trailer, motorhome, motorized cart, tent trailer, travel trailer, utility trailer, travel coa.ch, bus, umnounted camper shell, or other mobile recreational equipment or watercraft or any empty trailer intended for or capa.ble of carrying any of the above, in any front or side yard in a residential district, including the driveway. 2A.WEB 08-02-18  BACKGROUND INFORMATION: On 4-3-18, Code Enforcement received a complaint of majar automotive repair, commercíal vehicles in a residential district and recreational vehicles in public view at ........Way. On 4-20-18, I inspected the prope1iy and found evidence of maj or automotive repair, junk/rubbish, commercial vehicles and a recreational vehicle parked directly in front of the property. I ran all of the license plates with Antioch Police Dispatch; the two commercial vehicles were registered to Roberto Momoy at this address and the recreational vehicle was registered to Kelsey Helen with a P.O. box. I issued a Notice of Violation to remove the junk/rubbish, including, car parts, compressors and all other mise. items from public view; dispose of in a lawful maimer. Remove commercial · vehicles from residential district. Remove recreational vehicle (trailer) from public view. The Notice of Violation was posted to the front door. On 5-18-18, I conducted a re-inspection of the property. The junk/rubbish had been removed except for a transmission. The commercial vehicles remained parked in the street and the 1:ecreational vehicle was relocated to the driveway. I made contact with Helena at the front door. She informed me her father in-law was the property owner and he was sleeping. I provided her my card and requested that she have him call me regarding the violations with the vehicles. On 5-30-18, I conducted a re-inspection of the property. All of the junk/rubbish had been removed as required. The commercial vehicles remained parked on the street and the recreational vehicle remained in the driveway; in public view. I issued ad1i.1inistrative citation #27102 for commercial vehicles in a residential district and recreational vehicles in public view. The citation and re-inspection photos were mailed to the property owner. On 6-11-18, I conducted a re-inspection of the property. The c01mnercial vehicles remained parked in the street. The recreational vehicle had been removed from public view. I issued administrative citation #27104 for the commercial vehicles. The citation and re-inspection photos were mailed to the property owner. On 6-20-18, Code Enforcement Manager Curt Michael spoke with Roberto at the front counter. Roberto questioned the citation and Curt advised him he received the citation due to parking the commercial vehicles in a residential district. On 7-10-18, I conducted a re-inspection of the property. The commercial vehicles had been removed from the residential district and I closed the case. RECOMMENDATION: Reco1mnendation to uphold the citations issued to Roberto Momoy for violations of the Antioch Municipal Codes §4-5.1223 §5-1.201.1  ATTACHMENT 1 C'�\� <1LJFOR� NOTICE OF VIOLATION OF ANTIOCH MUNICIPAL CODE AND MAINTAINING A PUBLIC NUISANCE IN THE CITY OF ANTIOCH To: \}.J\Dl-SX?:cy � �:€:?6�o :t �Qf\l:J Location of property: ____.\=� -=r-_._f\ Pi!:-( =-<-> ..... �=� --\ __O_d ;\:__.�=& --'-' -------------- APN: 66�602-C/ D<;lte of lnspection: 4.--2,0 -- (1( Case #: (l,_e\ l<CL-í'-0\3 The property listed above has been found to be in violation of the City of Antioch's Municipal Code. The violation(s) marked below require immediate action by the property owner/resident. Failure to correct these violation(s) by the date indicated will result in further actions being taken by the City. Antioch Municipal Code Section: 1 .03 • M�or automotive repairs�blic vie� in a �;-;;;,-d¡�;,-- ----_.----· ------ -· 1 � 4- 6 1Sl 5-1.20�)í1 }laj__:_Prop�_r:tyJ_nadequately maintained. Inoperable e<¡!:!t��nk, rubbisUuilding materials, and/or containers in public view. J _5·'!_:2_0Jl�H?L- O�J:9..r:.own.! dead or decayed trees, weed_s or other vegelation posing a risk of harm to th�blic andfor create visual bligh_t.___ . O _ 5-1.202J.B)- Buildin5Jyrstructures which are broken, deteriorated, or in a state of disrepair including: walls, fences, signs, retaining wall_s.____ __O 5-1.202(C)(1) - Vacan! building, struclure or other property that is unsecured. ....•. ______ _ O 5-1.�02(D)_- Outdoor parking or storage of inoperable, wrecked, dismantled, salvaged, abandoned vehicle, or_p_arts tb_ereof, i_nclu_s!ing -.y�tercraf.L_ __ O 5-1.202(0)(2) - Parking on unpaved surface. --------------·---------·-··- ·----- 0 6-3.02 - Salid waste and recycling; mandatory service. ------------------····-------·--·-·---·------- _Q_ .l:?..:..�23(A)(2} - No encroachment of any nature which impedes/o�structs the public righl-(!f-wa�whichJ�pairs ad�q_uat�J_g_ht distan��:_____ 8-1.02 • Building permits required to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building. O --·- --·---·-----·· ·--------·· ·--·-· 9-�Q.!_:__Sight obstructions at lntersections � drivewayEL__ ----·-------------- ---·---·- _O O 9-5.1210 • Tree branches shall be trimmed al leasl 7 feet over the sidewalk and 14 feet over the street. ·-----·---------------··�----- . ·--------·----- O 9-5.3830 - lt shall be unlawful to keep or maintain any_recreational vehicle as a tem�or�ryyr..e_ermanent residence uponanyJot�arcel.__ � ather: 4- 6 · 12,2,5__C()_¡,y_1M.é;tz-fL'tL V�.\:tl!�----·-··· -- ----·-·· --·-·---··-·-··-----------1 h � Ot er: �\i.2-l¿:_1J�\Oµ�k_\L�\-b.�---·--·---·----·----·-----------------� Required Corrections: You must correct the violation(s} noted above by the deadline on this notice. A re-inspection will be performed on or shortly after the deadline. lf you fail to correct the violation(s) by the deadline on this notice, the City may issue Administrative Citations which carry fines ranging from $100 to $1,000 per violation for every day the violation(s) are permitted to remain. A re-inspection fee of $200 will be added to each citation. In addition to citations, the City may take any other legal action(s) necessary to bring the property into compliance. lf you have questions regarding this notice, you may contact me at the number indicated below. Note.s: Jf0J,\0\1f �u�Y--/\2-vb�.M9d \�llJJDN-b CJ\'L. yfW-"l& l l:ei.uy?:e&�� A,JD Af.b..: orooe... \�,,.sc ,Taus. J".�:fhA �)CUC \J\a..t,., ·S>\� Ge �u !\ L�>L-\,u�. '2,toi\f\O\lt- Üó\UU,t&-C..\M..... \J Ei-\K1 :f-S >'"1.?-D.µ, �\S)R..'1"fd L '\")IE$-::f?ib\é..T, "?5Jl0vt. The property owner is responsible for all costs involved with the City's investigation of this nuisance including citations, inspection fees, hearing costs, and any other cost incurred by the City if forced to abate this nuisance. Correct violation(s) by: L\- Request building permit(s) by:----- iao�,K - . Officer: ��=-' -�_\"D __\é.._- __________ Phone: 925-779-(..Q�- Date: L\--2-ó, lít Community Devclopment Department - Co<le Enforcement P.O. Ilox 5007 • ?.00 H Strcct •Antioch, CA 94531-5007 • Tcl: 925-779-7042 • Fax: 925-779-7034- • www.ci.anlioch.ca,us WHITE - FILE I YELLOW - OWNER I PINJ< - POST 12/2017  �L(ne 19, 2018 Roberto Monroy ....Hooftrail Way Antioch, GA 94531 RE: Board. of Administrative Appeals H�aring Property Address: llooftrail Way, Antiocl1 Citatioh bate: 05/30/18 Cit.ation No.: 27102 Dear Mr. Monroy1 This is a follow lJP to your written appeal filed on June 11, 2018, regarding the. above­ referencecl Administrative Citation i·eceived from Code Enforcement. Please be advised your appeal is scheduled fer Thursday, Auqust 2, 2018, át 3:00 p.m. in the Counoil Ch�mben:;, 200 H Street, Antioch, CA (acrdss the breezeway from City Háll). All peopl.e who wish to speak at the h¡3aring, iricluding you, wilJ be required to taKe ari Oath. This ca .se will be heard and a c;lecision rende.red by the Board of Administrqtive Appeals. A General lriformation sheet is enclosed to answer any questions you may have regarding the appeals. The Agenda and Staff Repo,is will be pósted o.nto our City's Website 72 hours befare the Board of Administrative Appeals Hearing date listed above. To view t,he Agenda info1'matíon, simply cliclc on· the following link and then double click 'Board of Admiliistrative Appeals': http://www.ci.antioch.ea.us/CityGov/agendas/. Other locqtions to view the Agenda are the City Council Charnbers front window, City Clerk's Office, Antioch Branch Library, Senioi· Center'on 2 nc1 Street, and the Antióch Cornmunity C.enter on Lone Tree Way. Thank yoü. Sinéerely, é!1Vv,::;:l;,��-A. CHRISTINA GARCIA, CMC ii�1r,�f,7_.) Deputy City éle_rk ce: Coqe Enfoi"Gement Enclosures Office of the Cíty Clédc 2QOR Streét P. O. Box 5007 Jlntioch CA 94531.. 5Ó07 Plw11e: (925) 779-7009iFax.' (925) 77$-7007  PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA ) CÓUNTY OF CONTRA COSTA) ss I am a citjzen of the United States élnd a resident of the county aforesaid; 1 am over the age of eighteen years and not a party to the within entitled action; my business address is Office of the City Clerl< for the City of Antioch, 200 "H" Street, P.O. Box 5007, Antioch, California 94531-5007. On June 19, 2018, 1 served the within Notice, by placing a true copy thereof enclosed in a sealed envelópe with postage thereoh fully prepaid, in the United States mail at Antioch, California address.ed as follows: Roberto Monroy 411111 Hooftrail Way Ahtioch, CA 94531 1, Christina Garcia, certify (or declare), unqer penalty 9f perj1Jry, that the foregoing is true and cbrrect. Executed 011 June 19, 2018, at Antioch, California. O/fice of t-Jw City Clerlc 200 H Sfre."?L· P. O. Box 5.007 Áuf:ioclt.CA 945.31-5007 Pliofle: (925) 779-7009/ Fax: (925) 779-7007  --{ 01' AN·r1 0 e, . . -$- C',11.r FOl�tl\ !", CITY OF ANTIOCH ADMINISTRATIVE BOARD OF APPEALS General lnformation 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 far 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 far 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 1 O days after you file your appeal. • The Agenda and Staff Reports will be posted onto our City's Website 72 hours befare 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 2 nd Street, and the Antioch Community Center on Lone Tree Way. When You Don't Show For Your Hearing: • lf 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 befare 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 ali times, • lf 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: ª Th� 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 far five (5) minutes. II 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. II 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 far three (3) minutes. • The Board may then ask City staff far a rebuttal to the statements you or others made in support or opposition of your appeal. This rebuttal is only far three (3) minutes. • Then the hearing is completed and the Board will then issue its ruling on your appeal. Your Surden: • lt 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). • lf 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. City of Ptntioch:: Cornrnunity Developrr,ent Departrnc�nt: Code Enfo 1 , t I l luli1•, Si;� t.1.11, 1 l',buLI .lntioc 1 1 :-:cntac Ur. Anlr::,cl, ,;,n �IJ._, h·ID'!P I�..._ '' Code Enforcement Jssues llwolving Vehtclcs Code Enforccment only han -rhc ,1JL1tl10rily to respond to violnlio11s on prlvnte prope'rty. AII ist:ues, includlng ahandonetl anti lnoper*lble vehlcles, loct1te-d on the street rtre.cnforcecl by the Dlvlsio11 Mem1 Antioch Pollee Or�pnrtmen1. V�·hlcle rel6tecl violatlon on the street can be repc,rtecl t,; the APD Abondonecl Vehicle Hotline (925) 779-698'1. Co1nrnon Code En\'orccri1ent Vehlcle Vlolotlono P.úllll.lJlli".:.!I!lliY.CJ:!illli..&flllf.:� Outdoor pc1rkin(1 or storage of l.noperable. wr,ecked, dir.manlled or aba11don�d V{lhicles on pri•,•ate l�ntlo.cl) Munlc!Q.al Cocle properl'.)'. Code Enforcement Proees!; t,Jlajor ,'lutoniotive rep·aira in ¡:,ublic view. Common Co!'le Vlolatlo1w Parking 011 <1n unirnprüver.l !;Urface (gretDs, <l.irt, bark). lll!�!Jftl fülll1Pillg .. Vehlcie.Relr,ted Violatlons ReP-ort II Vlolntloi1 Co111ilct Tel: (9,25) 779-7042 Home Agendfül O•=Pilrtlrn:mt� lvlarina Minute:; IW Pem1ils