THE BOARD OF SUPERVISORS OF THE COUNTYOF STANISLAUSACTI~~~G~NDA SUMMARY

DEPT: ENVIRONMENTAL RESOURCES K.~ BOARD AGENDA# *B-2(d)

Urgent Routine x AGENDA DATE September 30, 2003

CEO Concurs with Recommendation YES~NO__ 4/5 Vote Required YES__ NO*(InfOrm~nAttached)

SUBJECT: APPROVAL TO ADOPT THE RECOMMENDATIONS OF THE NUISANCEABATEMENT HEARING BOARD REGARDING CE NO. 03-388 AT 4519 W.GRAYSON ROAD, MODESTO, CALIFORNIA

STAFFRECOMMEN-

DATIONS: ADOPT THE DECISION OF THE NUISANCE ABATEMENT HEARING BOARDREGARDING NUISANCES AT 4519 W. GRAYSON ROAD, MODESTO,CALIFORNIA AS SET FORTH IN ATTACHMENT 1.

FISCALIMPACT: There is no fiscal impact associated with this item.

BOARD ACTION AS FOLLOWS:No. 2003-883

On motion of Supervisor PJ!l!'- ,Seconded by Supervisor ~lQYSlL _

and approved by the following vote,Ayes: Supervisors:-'?~!Jl...~l!tqyfiQ.l.o ... .GtQ.'l.Q.r:.J~ary~Q ..amtC!Lqjrl1l.a.rtSjl1LQ.Il _Noes:Supervisors:_~9D_e _

Excused or Absent: supervlsers.rscne., ---------------------------------Abstaining: Supervisor:..NoDa ---------------------------------------

1} X Approved as recommended2) Denied3) Approved as amended4) Other:MOTION:

1010-08ATTEST: File No.

APPROVAL TO ADOPT THE RECO:M:MENDATIONS OF THE NUISANCE ABATEMENTHEARING BOARD REGARDING CE NO. 03-388 AT 4519 W. GRAYSON ROAD,MODESTO, CALIFORNIAPage 2

DISCUSSION: This agenda item is important because it ensures a safe and healthycommunity, promotes efficient government operations, serves the public'sinterest in a cost-effective manner, and fosters pride in our localcommunity. The decision to be made by the Board of Supervisors is toadopt, modify, or reject the September 4, 2003 recommendations of thePlanning Commission acting as the Nuisance Abatement Hearing Board,as presented in Attachment 1.

The property in question is 4519 W. Grayson Road, Modesto, California.The property is zoned A-2-40 (general agriculture district).

The property contains a vehicle storage yard, refuse, wood, junk andappliances.

Should the Board decide to adopt the Nuisance Abatement HearingBoard's recommendations, as detailed in Attachment 1, Mattie Passalaqua,owner(s) of the property, will have to abate the nuisance within two weeksafter the Board of Supervisors' decision by complying with the followingactions:

1. Removing all but two of the inoperable/non-registered vehiclesfrom the property.

2. Collecting and disposing of all debris, refuse and rubbish to anapproved location.

3. Removing junk in excess of200 square feet from the premises.

Should the owner(s) fail to comply within that two-week period, theCounty would proceed with the abatement process through a forced clean­up action, whereby the property will be cleared of all contributing factorsto the public nuisance. The cost of the abatement will be charged to theowner(s). If the responsible person(s) fail to pay the cost of abatement, aNotice of Abatement Lien will be recorded against the property.

If the Board adopts the Nuisance Abatement Hearing Board's decision,this public nuisance can be abated in a timely and efficient manner thusproviding for a safe and healthy community, allowing the public to takegreater pride in the areas they live in and frequent.

APPROVAL TO ADOPT THE RECOMMENDATIONS OF THE NUISANCE ABATEMENTHEARING BOARD REGARDING CE NO. 03-388 AT 4519 W. GRAYSON ROAD,MODESTO, CALIFORNIAPage 3

POLICYISSUE:

STAFFINGIMPACT:

The Board should decide if it should accept, modify, or reject the writtendecision as presented in Decision of Abatement Hearing No. CE03-388(Attachment 1). Acceptance of staff's recommendation would beconsistent with the Board's priorities of ensuring safe and healthycommunities and delivering excellent community services.

There is no staffing impact associated with this request.

Slriving 10 be tho Best

NUISANCE ABATEMENT HEARING BOARD

DECISION

IN RE: 4519 W. Grayson Rd. Modesto, CA.Abatement Hearing No. CE 03-388

The Stanislaus County Planning Commission sitting as the Nuisance Abatement HearingBoard heard the above-referenced matter on September 4,2003. Upon consideration oforal and documentary evidence presented at the hearing, the Nuisance Abatement Boardfinds and determines as follows:

1. The property located at 4519 W. Grayson Rd. Modesto, CA., in theunincorporated area of Stanislaus County, California, also identified asAssessor's Parcel Numbers 017-51-31, is zoned A-2-40, general agriculturedistrict.

2. County Staff confirmed the existence of and presented evidence of violationsof Stanislaus County Codes occurring on the property, as noted in"Attachment A."

3. All owners of record, tenants and others holding interest of record in theProperty are identified and listed in the title report contained in the staff reportregarding this matter. The title report lists as the owner/s of record for theproperty as Mattie Passalaqua.

4. All interested parties were served a notice ofviolation pursuant to PublicResources Code 2774.1(a), describing the use of the property that constitutesthe violations and ordered all parties to cease further mining activities.

5. County staff has attempted to obtain voluntary compliance by the interestedparties, and the interested parties have had significant and reasonable time tocorrect all violations but have refused and/or failed to meet the deadlinesprescribe by Notice.

6. The owners have the legal responsibility for maintenance ofthe property inconformance with the applicable law, ordinance and rules, includingabatement of all violations and compliance with all orders of the County.

7. The interested parties were served proper Notice of Hearing to AbateNuisance pursuant to Stanislaus County Code Section 2.92.070.

8. Based on the evidence and testimony presented at the hearing, which isincorporated herein by reference, there is substantial evidence that violationsof the Stanislaus County Code and the Public Resources Code, as set forth inthe staff report for the matter, still exists on the property.

9. Pursuant to Stanislaus County Code Section 2.92.010, the continuingviolations that exist on the property constitute a public nuisance.

ATTACHMENT..L-

NOW THEREFORE, the Nuisance Abatement Hearing Board recommends that theStanislaus County Board of Supervisors:

1. Order the owner and interested parties to abate the nuisance on the propertywithin two weeks from the date of the Board decision by correcting thecondition or use of the property as set forth in the staff report on this matter.

2. Authorize the County to abate the nuisance and to charge the costs of theabetment to the County if the Owners or other interested parties do not abatethe nuisance within the specified time period.

3. Authorize County staff, pursuant to Stanislaus County Code Section 2.92.070,to dispose of any material, equipment, vehicles or other personal propertyremoved from the property to abate a nuisance in any manner authorized bylaw, and to charge the costs of disposal to the owners and/or interested partiesas part of the cost of abatement.

4. Authorize County staff to charge the owners and/or interested parties forCounty staff time incurred to investigate through the Abatement Hearing.

5. Order a Notice of Abatement Lien be recorded against the property if theowners and/or interested parties fail to pay the costs demanded by the County.

Dated: September 4, 2003

~,b£Stanislaus County Nuisance Abatement Hearing Board

Attachment "A"

RE: File Number CE 03-388Assessor's Parcel Number: 017-51-31Address: 4519 W. Grayson Rd. Modesto, CA.

A. CONDITIONS OF VIOLATIONS:

Inspection of the above reference property revealed the following violations ofStanislaus County Code §2.92.01 0;

1. Unlawful vehicle storage yard. This is a violation of §21.20.020 of the StanislausCounty Code.

2. Unlawful accumulation of refuse, tires, and junk. This is a violation of §9.04.020of the Stanislaus County Code.

3. Unlawful junkyard. This is a violation of §21.20.020 of the Stanislaus CountyCode.

4. Illegal home occupation. This is a violation of §21.94.030 of the Stanislaus CountyCode.

B. CORRECTIVE ACTION REQUIRED:

1. Remove excess nuisance vehicles from the premises and dispose of lawfully.2. Lawfully dispose of all refuse, tires and debris from the premises.3. Remove excess junk from the premises and dispose of lawfully.4. Immediately cease home occupation.

3 Enclosures: Stanislaus County Health and Safety Code and the Stanislaus County Code.

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