HomeMy WebLinkAboutCE07-0266 CE DOCUMENTS1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22-
23
24
25
26
27
28
In the Matter of: )
309 Reyman Street, Oroville, }
California (APN 033-055-007) }
}
}
U9 E 07
SERVICES
ADMINISTRATIVE HEARING
OFFICER'S DECISION RE
NUISANCE ABATEMENT
Hearing Date: May 17, 2007
Time: 9:00 a.m.
Location: 7 County Center Drive
Oroville, CA
This matter came on regularly for hearing on May 17, 2007 at 9:00 a.m. Joseph
I L. Schultz served as Administrative Hearing Officer. The County of Butte was
represented by Deputy County Counsel Roger Wilson. There was no appearance on
I behalf of the property owner, Barbara Meyers. Appearing as a witness was Wendy
Jones, Code Enforcement Officer. The matter relates to 309 Reyman Street, Oroville,
California (APN 033-055-007), more particularly described as:
Real property in the unincorporated area of the County of Butte, State of
I California, described as follows:
LOTS 8, 9, 10 IN BLOCK 37, AS SHOWN ON THAT CERTAIN MAP ENTITLED,
"MAP OFTHE WESTERN PACIFIC ADDITION TO OROVILLE, BUTTE CO.,
CAL.", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF
THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON NOVEMBER 14,
1905, IN BOOK 4 OF MAPS, AT PAGE(S) 16.
The hearing on this matter was set for determination of whether or not a public
nuisance, as defined in Butte County Code Section 32A et seq. exists at the subject
property. The Hearing Officer made the following statements:
1. That the proceedings are open to the public and are being taped, and that
the tape will be retained for at least one year from the effective date of the decision.
2. - Announced that the purpose of the hearing was to hear a request for
nuisance abatement concerning the property at 309 Reyman Street, Oroville, California.
3. Stated that witnesses would be sworn in by the Hearing Officer.
1
ADMINISTRATIVE HEARING OFFICER'S DECISION RE NUISANCE ABATEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4. Stated that all persons speaking should be identified for the record each
time they speak.
5. Stated that the Hearing Officer will rule on procedural and evidentiary
matters.
6. Stated that the Hearing Officer may examine witnesses.
7. Stated that the burden of proof is on the County to support its action, and
that the burden on the County is to prove its allegations by a preponderance of the
evidence.
8. Stated that technical rules of evidence do not apply.
9. Stated that the Hearing Officer's determination must be based upon
evidence presented during the hearing, and if supported by substantial evidence in the
record the Hearing Officer may:
a. sustain the action taken by the department;
b. impose some greater or lesser form of action;
c. determine that no action is warranted.
Section 32A -2(a)(1) defines public -nuisance as it applies to this case, as
anything which is injurious to health, poses a significant potential to cause economic
and/or physical injury or damage to persons or property, or constitutes a significant
detriment to the prevention or suppression of fire, or significantly interferes with the
provision of emergency services to the public.
Butte County submitted County Exhibits A through K, all of which were admitted
into evidence. Butte County established, through the testimony of Wendy Jones, Code
Enforcement Officer, that there had been a history of trash, junk vehicles, appliances
and other items on the property. In addition, there was a residential fire on the property
and the shell of the building remained after the fire. The owner of the property, in
2
ADMINISTRATIVE HEARING OFFICER'S DECISION RE NUISANCE ABATEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
approximately a one year period, beginning in 2005 and ending in 2006, cleared most
of the debris from the fire. In addition, the owner of the property has removed at least
two of the junked vehicles. There remains on the property miscellaneous junk and
trash, including a dilapidated single -wide mobile home, large tires and rims,
refrigerators and other miscellaneous trash. The latest photographs of the property
were taken in February 2007. Code- Enforcement Officer, Wendy Jones, testified that
she had visited the property on the morning of the hearing, May 17, 2007, and that the
only items that had been removed from the property were two vehicles. Evidence
produced by the County showed that there were adjoining landowners living nearby,
and that the trash and other junk on the property was easily visible from adjoining lots.
The Hearing Officer finds that Barbara Meyers is the record owner of the
subject property; that she was given due notice to abate the nuisance; and that the
Notice to Abate Nuisance, the County's Exhibit I, was -duly served and posted on the
subject property. The Hearing Officer finds that the subject property constitutes a
public nuisance, and that it poses a significant potential to cause economic and/or
physical injury or damage to persons or property in that the condition of the subject
property is such that it is likely to reduce the value of the adjoining properties. The
Hearing Officer also finds that the property constitutes a public nuisance under Section
32A -2(a)(2) which provides, in pertinent part, a condition is a nuisance if it "... is
indecent or offensive to the senses... so to as unreasonably interfere with the
comfortable enjoyment of life or property, ..." In that the junk and trash on the subject
property are reasonably offensive to the senses of the adjoining landowners. The
owner of the property is ordered to abate the nuisance by* removing the subject junk
and trash from the property and properly disposing of it within thirty days of the service
of this decision.
3
ADMINISTRATIVE HEARING OFFICER'S DECISION RE NUISANCE ABATEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Butte County is authorized to recover all costs it incurs in abating the public
nuisance on the subject property, and its administrative costs of the abatement, which
abatement costs and administrative costs may be determined by the Director of the
Department of Development Services, and shall be documented by a supplemental
Notice of Abatement lien, which the Director of the Department of Development
Services may record against the subject property.
Dated: .51e 7 07
J*ellh L. S hultz
Administrative Hearing Officer
4
ADMINISTRATIVE HEARING OFFICER'S DECISION RE NUISANCE ABATEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE
I, Ingrid S. Rogers, declare:
I am a citizen of the United States and a resident of Butte County, State of
California. I am over the age of 18 years and not a party to the within action. My
business address is 1660 Humboldt Road, Suite 6, Chico, CA 95928.
I am familiar with the practices of Leland, Schultz & Morrissey LLP whereby each
document is placed in an envelope, the envelope is sealed, the appropriate postage is
placed thereon and the sealed envelope is placed in the office mail receptacle. Each
day's mail is collected and deposited in a U.S. mailbox at or before the close of each
day's business.
On the date shown below, 1 served a true copy of the following document(s):
ADMINISTRATIVE HEARING OFFICER'S DECISION RE NUISANCE ABATEMENT
X BY MAIL: Placed in the United States mail at Chico, California,
addressed as follows:
Roger Wilson, Deputy County Counsel
Office of the County Counsel
25 County Center Drive
Oroville, CA 95965
Wendy Jones, Code Enforcement Officer
Department of Development Services
7 County Center Drive
Oroville, CA 95965
Barbara Meyers
309 Reyman Street
Oroville, CA 95966
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on June 7, 2007, at Chico, Calif rnia.
Ingrid . Rogers
PROOF OF SERVICE
H
County of Butte
Oroville, California
CLAIM FOR PROFESSIONAL AND SPECIAL SERVICES X15742
CLAIMANT: Leland, Schultz & Morrissey, LLP T17850
ADDRESS: 1660 Humboldt Road, Suite 6
IMPORTANT:
CITY & STATE: Chico, CA 95928 SEE INSTRUCTIONS
ON REVERSE SIDE
DATE OF CLAIM: 6/13/2007
nur r1 n me rn rnr)f1C r]R SFRVICFS
JVDIYIII
DATE
VL/'111YI IV VVI /"III,I,V/•rvr•�...
DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY
AMOUNT
Administrativre Hearing/Nuisance Abatement
6/7/07
Invoice #16175
5/17/07
APN:033-055-007 - Meyers; 309 Reyman Street, Oroville
$ 540.00
5/2/07-5/8/07
APN:035-175-014 - Clemmelson; 19151dora Street, Oroville
$ 576.00
TOTAL
$ 11116.00
1, the undersigned, declare under penalty of perjury that the services or amcles ciaimea have oeen penormeo m aeuveiea, and 1„el ,,,,s
claim is true and correct as stated.
Date this day of , 2007, at . Calif. invoice attached
Signature of Claimant
I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or de-
livered and thatthereis a Budget Appropriation 0 or Specific Board Approval 0 (Check r the same.
Date this ` 7cl day of �j.. 2007, at
Dept. Exp. v
Code 440-001 Code 536 PAYABLE
DEPT & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT.
Leland, Schultz & Morrissey, LLP
1660 Humboldt Road, Suite 6
Chico, CA 95928
530-342-4500
Invoice submitted to:
Butte County
Scott Rutherford, Chief Building
Inspector
Department of Development Services
7 County Center Drive
Oroville CA 95965
June 07, 2007
Invoice No. 16175
In Reference To:Administrative Hearing
Professional Services
APN 033-055-007/Meyers/309 Reyman Street, Oroville
5/17/2007 JLS Attend hearing and draft Decision
SUBTOTAL:
APN 035-175-014/Clemmetson/1915 Idora Street, Oroville
5/2/2007 RAL Travel to and from Oroville; attend hearing
5/7/2007 RAL Draft Order
5/8/2007 RAL Prepare Order; check legal description, notice
requirements
Hrs/Rate Amount
3.00
180.00/hr
[ 3.00 540.00] °e
1.70
180.00/hr 3Ah
0.50
180.00/hr q0.`4
1.00 �SD1
180.00/hr
Butte County
6/7/2007
Page 2
Hrs/Rate Amount
SUBTOTAL: [ 3.20 576.00] dk--"
For professional services rendered 6.20 $1,116.00
Previous balance $1,673.30
Balance due $2,789.30
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecountv.neUdds
www.buttegeneralplan.net
ADMINISTRATION' BUILDING ` PLANNING
May 3, 2007
Joseph Schultz
1660 Humboldt Road
Suite 6
Chico, CA 95928
Re: Nuisance Abatement Hearing —APN 033-055-007
Mr. Schultz,
FILE
COPY .s/ %o y
This letter confirms your acceptance to act as Hearing Officer for a Nuisance Abatement Hearing on
May 17, 2007 at 9:00 am at 7 County Center Drive, Oroville, CA 95965.
The property in question is 309 Reyman Street, Oroville. The property owners name is Barbara
Meyers. Please let me know if you have a conflict regarding this person or property.
Please feel free to contact me if you have any questions.
Thank you,
Kim McMillan
Administrative Assistant, Senior
(530) 538-0571
s::l
Yti,,,
Butte County Department of Development Services
Code Enforcement Department
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
Barbara Meyers
309 Reyman Street
Oroville, CA 95966
NOTICE OF NUISANCE ABATEMENT HEARING
The owner(s) and occupant(s) of real property described on the latest equalized Butte County
tax roll as:
APN: 033-055-007 Having a Street Address of: 309 Reyman Street, Oroville, CA
is (are) hereby notified to appear before a Hearing Officer of the County of Butte at:
Butte County Development Services Conference Room, 7 County Center Drive, Oroville, CA
95965 on Thursday, May 17, 2007, at the hour of 9:00 a.m. to show cause, if any there be, why
the use of said real property should not be found to be a public nuisance and abated pursuant
to the Butte County Code.
After hearing, if a violation is found to exist, the cost of abating such violation, including, but
not limited to, the cost of the Hearing Officer, the cost of prior time and expenses associated
with bringing the matter to hearing, the cost associated with any appeals from the decision of
the Hearing Officer, the cost of judicially abating the violation, the cost of labor and material
necessary to physically abate the violation, and the cost of securing expert and other witnesses
may become a lien against the subject property and may also be assessed against the property
in the same manner as taxes. If an abatement lien is recorded, it will have the same force and
effect as an abstract of judgment which is recorded as a money judgment obtained in a court of
law. If you fail to appear at the hearing or if you fail to raise any defense or assert any relevant
point at the time of hearing, the County will assert, in later judicial proceedings to enforce an
order of abatement, that you have waived all rights to assert such defenses or such points.
In preparing for such hearing, you should be aware that if an initial showing is made by the
County, sufficient to persuade the Hearing Officer that a public nuisance exists on your
property, you will then have the burden of proving that no public nuisance exists on your
property. Therefore, you should be prepared to introduce oral and documentary evidence
proving: why, in your opinion, your use of the property is not a public nuisance as defined in
the Butte County Code. A copy of the Butte County Code Chapter relating to abatement
hearings is enclosed to assist you in the preparation of your presentation.
If an initial showing sufficient to persuade the Hearing Officer that a public nuisance exists on
your property is made by the Code Enforcement Officer, your failure to sustain the burden of
showing that no public nuisance exists on the property may result in an administrative decision
ordering the abatement of uses or conditions on your property which are found to be a public
nuisance and may also result in a later judicial order to the same effect.
Further, if the Hearing Officer finds that a public nuisance exists on your property and you fail
to abate the nuisance promptly, the County may abate the nuisance. If the County abates the
nuisance, you may be responsible for the actual costs of the abatement, including the costs to
the County of the administrative hearing, and such costs may be specially assessed against
your parcel by the Auditor -Controller's Office and added to the your tax bill as a special
assessment. Such special assessments have the same priority, for collection purposes, as
other county taxes and, if not paid, may result in a forced sale of your property.
Finally, if the Hearing Officer finds that a public nuisance exists on your property, a violation of
the Butte County Code, the County will contend that you are bound by such finding at any
subsequent judicial action to enforce the Hearing Officer's order.
IMPORTANT: READ THIS NOTICE CAREFULLY. FAILURE TO APPEAR AND RESPOND AT THE
TIME SET FORTH IN THIS NOTICE WILL LIKELY RESULT IN ADMINISTRATIVE AND/OR
JUDICIAL ABATEMENT AND TERMINATION OF USES OF OR CONDITIONS ON YOUR
PROPERTY WHICH THE DIRECTOR OF DEVELOPMENT SERVICES CONTENDS ARE IN
VIOLATION OF THE BUTTE COUNTY CODE.
Dated: "51 -Th BUTTE COUNTY DIRECTOR OF DEVELOPMENT SERVICES
By:
Enclosure: Butte County Code Chapter 32A
�urrF
COUNTY OF BUTTE FIELD a NUMBER
OROVILLE, CALIFORNIA PURCHASE ORDER a __ F 07-312
S
C�UNty
uMid Valley Title and Escrow Co. Issued By County of Butte
P Department Department of Development Services
P 601 Main Street 7 County Center Drive
L Chico, CA 95928
I Oroville, CA 9596C0py
E (530) 538-6869
DATE
QNTY
INVOICE NUMBER AND DESCRIPTION
AMOUNT
CHARGE TO
W.O. #
3/13/07
1
#2724651 -RB
$50.00
440-001;535.201
6
Barbara Meyers, 309 Re man St., Oroville
APN:033-055-007
Nuisance Abatement
Please reference Order #'s on check.
THANK YOU.
TOTAL
$50.00
I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been
performed or delivered or, where authorized, are hereby coDua ed for and that there is a Budget Appropriation for the same.
` F 07-312
T14469 Date, I1Q)U 1A
epa men or ionze epuly
SUPPLIER NO.
DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE
AMOUNT
1
2
3
4
5
6
Submit WHITE, CANARY and PINK to PURCHASING SERVICES with suppliers invoice. Retain GOLDENROD
s
SUTTE COUNTY COUNSEL
MID VALLEY TITLE AND ESCROW CO.
601 MAIN STREET MAR 2 1) 2007
CHICO, CA 95928�OVf@.�.E, CALIFORNIA(530)893-5644 FAX (530)893-185
AFFILLIATED WITH FIRST AMERICAN TITLE INSURANCE & TRUST COMPANY
INVOICE
Development Services
7 County Center Drive
Oroville, CA 95965
ATTN:
RF: APN 033-055-007 --BAa8 asZA M e E12.S
DATE: March 13, 2007
ORDER NO.: 2724651 -RB
30a MA -fl Sr. OROvc L -L -e
DATE
DESCRIPTION
CHARGES
CREDITS
BALANCE
3/13/07
Short Form Lot Book Guarantee
$50.00
$50.00
PLEASE PAY
THIS AMOUNT
$50.00
r1j1.A1L' INV l Ir Y UJ 11V11V11,1.11A1 ZUT IV AL -41 L' ICtCV1� Arrlc.Ana v1�! 11'NV V1l.G
Terms: Net 30, Service charge of 1 1/2% per month charged on balances over 30 days
Please make all checks payable to Mid Valley Title & Escrow
Please reference our Order No. 2724651 -RB on your check
If you have any questions, please contact Heather Robertson at 530-893-5644
Thank you.
Butte County Department of Development Services
Code Enforcement Department
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
Barbara Meyers
309 Reyman Street
Oroville, CA 95966
NOTICE OF NUISANCE ABATEMENT HEARING
The owner(s) and occupant(s) of real property described on the latest equalized Butte County
tax roll as:
APN: 033-055-007 Having a Street Address of: 309 Reyman Street, Oroville, CA
is (are) hereby notified to appear before a Hearing Officer of the County of Butte at:
Butte County Development Services Conference Room, 7 County Center Drive, Oroville, CA
95965 on Tuesday, May 1, 2007, at the hour of 9:00 a.m. to show cause, if any there be, why the
use of said real property should not be found to be a public nuisance and abated pursuant to
the Butte County Code.
After hearing, if a violation is found to exist, the cost of abating such violation, including, but
not limited to, the cost of the Hearing Officer, the cost of prior time and expenses associated
with bringing the matter to hearing, the cost associated with any appeals from the decision of
the Hearing Officer, the cost of judicially abating the violation, the cost of labor and material
necessary to physically abate the violation, and the cost of securing expert and other witnesses
may become a lien against the subject property and may also be assessed against the property
in the same manner as taxes. If an abatement lien is recorded, it will have the same force and
effect as an abstract of judgment which is recorded as a money judgment obtained in a court of
law. If you fail to appear at the hearing or if you fail to raise any defense or assert any relevant
point at the time of hearing, the County will assert, in later judicial proceedings to enforce an
order of abatement, that you have waived all rights to assert such defenses or such points.
In preparing for such hearing, you should be aware that if an initial showing is made by the
County, sufficient to persuade the Hearing Officer that a public nuisance exists on your
property, you will then have the burden of proving that no public nuisance exists on your
property. Therefore, you should be prepared to introduce oral and documentary evidence
proving: why, in your opinion, your use of the property is not a public nuisance as defined in
the Butte County Code. A copy of the Butte County Code Chapter relating to abatement
hearings is enclosed to assist you in the preparation of your presentation.
If an initial showing sufficient to persuade the Hearing Officer that a public nuisance exists on
your property is made by the Code Enforcement Officer, your failure to sustain the burden of
showing that no public nuisance exists on the property may result in an administrative decision
ordering the abatement of uses or conditions on your property which are found to be a public
nuisance and may also result in a later judicial order to the same effect.
Further, if the Hearing Officer finds that a public nuisance exists on your property and you fail
to abate the nuisance promptly, the County may abate the nuisance. If the County abates the
nuisance, you may be responsible for the actual costs of the abatement, including the costs to
the County of the administrative hearing, and such costs may be specially assessed against
your parcel by the Auditor -Controller's Office and added to the your tax bill as a special
assessment. Such special assessments have the same priority, for collection purposes, as
other county taxes and, if not paid, may result in a forced sale of your property.
Finally, if the Hearing Officer finds that a public nuisance exists on your property, a violation of
the Butte County Code, the County will contend that you are bound by such finding at any
subsequent judicial action to enforce the Hearing Officer's order.
IMPORTANT: READ THIS NOTICE CAREFULLY. FAILURE TO APPEAR AND RESPOND AT THE
TIME SET FORTH IN THIS NOTICE WILL LIKELY RESULT IN ADMINISTRATIVE AND/OR
JUDICIAL ABATEMENT AND TERMINATION OF USES OF OR CONDITIONS ON YOUR
PROPERTY WHICH THE DIRECTOR OF DEVELOPMENT SERVICES CONTENDS ARE IN
VIOLATION OF THE BUTTE COUNTY CODE.
Dated: BUTTE COUNTY DIRECTOR OF DEVELOPMENT SERVICES
By:
Enclosure: Butte County Code Chapter 32A
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.neUd ds
www.buttegeneralplan.net
ADMINISTRATION' BUILDING ` PLANNING
March 15, 2007
Joseph Schultz
1660 Humboldt Road
Suite 6
Chico, CA 95928
Re: Nuisance Abatement Hearing — APN 033-055-007
Mr. Schultz,
This letter confirms your acceptance to act as Hearing Officer for a Nuisance Abatement Hearing on
May 1, 2007 at 9:00 am at 7 County Center Drive, Oroville, CA 95965.
The property in question is 309 Reyman Street, Oroville. The property owners name is Barbara
Meyers. Please let me know if you have a conflict regarding this person or property.
Please feel free to contact me if you have any questions.
Thank you,
im McMillan
Administrative Assistant, Senior
(530) 538-0571
aae
NUISANCE ABATEMENT TME TRACIONG LOG
Officer:
Date
Start Time
End Time
Total Time
Activity and/or Comments
y3D
20 m;j
T LL D+r- s
Az
�e�
NUISANCE ABATEMENT TIME TRACKING LOG
Officer:
Date
Start Time
End Time
Total Time
Activity and/or Comments
Wrxx PUt�aq.--c &A -Q
v
!
30 /Yo
C " L 4
e, aL.
/V.
��,Z