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HomeMy WebLinkAboutCE07-0228 CE DOCSCERTIFICATE OF MAILING NOTICE OF PROPOSED LIEN AND SPECIAL ASSESSMENT HEARING The undersigned hereby declares: That during all of the times herein mentioned, she was, and now is, the duly appointed, qualified and acting Clerk of the Board of Supervisors of the County of Butte, State of California. That on the 5h day of October 2007 she mailed copies of the Notice of Proposed Lien and Special Assessment Hearing for the property of. 1915 Idora Street Oroville, CA 95966, APN 035- 175-014 to property owners, a copy of which is attached hereto, marked "Exhibit A" and by this reference made a part hereof. The list of persons to whom said notices were mailed is also annexed hereto as "Exhibit B" and made a part hereof. Executed in Oroville, California, this 5t' day of October 2007. I declare the foregoing to be true under penalty of perjury- - -.. D.... — Int( LM October 5, 2007 Mary Anne Clemmetson John Johnson 3828 Randolph Avenue Oakland, CA 94602-1209 NOTICE OF PROPOSED LIEN AND SPECIAL ASSESSMENT To the Property Owners of 1915 Idora Street, Oroville, CA 95966 You are hereby notified that the County of Butte, pursuant to Butte County Code Chapter 32A, has incurred costs associated with the abatement of a public nuisance on property located at, 1915 Idora Street, Oroville, CA 95966 APN: 035-175-014 and proposes to record a lien and impose a special assessment to recover said costs. Pursuant to Butte County Code Chapter 32A you are responsible for paving the sum of $6,290.49 to the County of Butte for costs incurred to abate the above public nuisance, You also have the right to appeal before the Board of Supervisors on October 23, 2007 at 10:20 a m to be heard regarding the amount of the proposed lien and special assessment. If the Board of Supervisors determines that the proposed lien is authorized, the lien will be recorded against the property in the Office of the County Recorder and will be placed on the County tax roll as a special assessment. Starlyn Brown, Interim Clerk of the Board M e VP' ROAR® OF SUPERVISORS BILL CONNELLY .°'og'..... ,a•.• First District `*F ADMINISTRATION CENTER JANE DOLAN, Chair 25 COUNTY CENTER DRIVE Second District i G,• OROVILLE, CALIFORNIA 95965 MAUREEN KIRK TELEPHONE: (530) 538.7224 Third District CURT JOSIASSEN Fourth District KIM K. YAMAGUCHI Fifth District October 5, 2007 Mary Anne Clemmetson John Johnson 3828 Randolph Avenue Oakland, CA 94602-1209 NOTICE OF PROPOSED LIEN AND SPECIAL ASSESSMENT To the Property Owners of 1915 Idora Street, Oroville, CA 95966 You are hereby notified that the County of Butte, pursuant to Butte County Code Chapter 32A, has incurred costs associated with the abatement of a public nuisance on property located at, 1915 Idora Street, Oroville, CA 95966 APN: 035-175-014 and proposes to record a lien and impose a special assessment to recover said costs. Pursuant to Butte County Code Chapter 32A you are responsible for paving the sum of $6,290.49 to the County of Butte for costs incurred to abate the above public nuisance, You also have the right to appeal before the Board of Supervisors on October 23, 2007 at 10:20 a m to be heard regarding the amount of the proposed lien and special assessment. If the Board of Supervisors determines that the proposed lien is authorized, the lien will be recorded against the property in the Office of the County Recorder and will be placed on the County tax roll as a special assessment. Starlyn Brown, Interim Clerk of the Board M SUP •"""•`•BOAR® OF SUPERVISORS BILLCONNELLY °� � Og �•. First Distract s�= '# r ADMINISTRATION CENTER 25 COUNTY CENTER DRIVE JANE DOLAN, Chair Second District •••......• OROVILLE, CALIFORNIA 95965 MAUREEN KIRK TELEPHONE: (530)538-7224 Third District CURT JOSIASSEN Fourth District KIM K. YAMAGUCHI Fifth District October 5, 2007 Mary Anne Clemmetson John Johnson 1915 Idora Street Oroville, CA 95966 NOTICE OF PROPOSED LIEN AND SPECIAL ASSESSMENT To the Property Owners of 1915 Idora Street, Oroville, CA 95966 You are hereby notified that the County of Butte, pursuant to Butte County Code Chapter 32A, has incurred costs associated with the abatement of a public nuisance on property located at, 1915 Idora Street, Oroville, CA 95966 APN: 035-175-014 and proposes to record a lien and impose a special assessment to recover said costs. Pursuant to Butte County Code. Chauter 32A. you are responsible for paving the sum of $6.290.49 to the Count -v of Butte for costs incurred to abate the above vublic nuisance. You also have the right to appeal before the Board of Supervisors on October 23. 2007 at 10:20 a.m. to be heard regarding the amount of the proposed lien and special assessment. If the Board of Supervisors determines that the proposed lien is authorized, the lien will be recorded against the property in the Office of the County Recorder and will be placed on the County tax roll as a special assessment. Starlyn Brown, Interim Clerk of the Board Exhibit B 10:20 am - Clemmetson, Mary Anne - APN 035-175-014 Mary Anne Clemmetson Mary Anne Clemmetson John Johnson John Johnson 3828 Randolph Avenue 1915 Idora Street Oakland, CA 94602-1209 Oroville, CA 95965 b [BUTTE COUNTY CLERK OF THE BOARD USE ONLY BOARD OF SUPERVISORS MEETING DATE: FENI NDA TRANSMITTAL AGENDA ITEM: A TITLE: Hearing on the Itemized Cost of Nuisance Abatement for Property located at 1915 Idora Street, Oroville, (APN 035-175-014), in order to Record a Lien and Impose a Special Assessment to Recover the County's Costs Incurred to Abate a Public Nuisance on the Sub'ect Property DEPARTMENT: Development DATE: 1019107 MEETING DATE 10/23/07 Services REQUESTED: CONTACT: Tim Snell" PHONE: 538-6821 REGULAR x CONSENT DEPARTMENT SUMMARY AKD REQUESTED BOARD ACTION: To request the Board of Supervisors order a lien *and impose a special assessment in the amount of $6,290.49 against property located at 1915 Idora Street, Oroville for costs incurred in the nuisance abatement process. AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) AND TWELVE (12) COPIES ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY Budgetary Impact: Yes No X CAO OFFICE USE ONLY If yes, complete Budgetary Impact Worksheet on back Budget Transfer Requested: Yes No Administrative Office Review If yes, complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact (Deadline is one business day prior to normal agenda 4151s Vote Required: Yes: No: deadline.) Will Proposal Require an Agreement: Yes No X Auditor -Controller's Number (if Date Received by Clerk of the Board: required): County Counsel's Approval: Yes No X Will Proposal Require Additional Personnel: Yes No X Number of Permanent: Temp Extra Help F us Board Action Date: NA Additional Information Attached: Yes No X ibe: Rev. 2003 SPECIAL INSTRUCTIONS TO CLERK Number of originals required to be returned to Department: "Please Note'' Department is responsible for returning contract to contractor. Clerk of the Board returns completed Auditor's copy ONLY. Requested Board Action: Ordinance Required Resolution Required Minute Order Required X For Information Only BUDGETARY IMPACT WORKSHEET Current Year Estimated Cost/Funding- Source Estimated Cost $ Amount Budgeted (Budget Unit Number: (Fund Name: (Fund Number: Source of Additional Funds Reauested Contingencies $ (Fund Name: (Fund Number: Unanticipated Revenue $ (Source: (Rev. Code: Other Transfer(s) 1. Complete worksheet below 2. Deadline is one business day prior To normal agenda deadline Additional Requested $ Total Source of Funds $ Annualized cost $ if also planned for next year. Budget Transfer Authorized By Administrative Office Board Action Required for B -Transfer? Yes Authorized Signature I Transfer Request: Date BUDGET TRANSFER REQUEST WORKSHEET No AMOUNT LINE ITEM LINE ITEM Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To Transfer $ (No Cents) From To 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.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING October 23, 2007 Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Subject: Hearing on the itemized cost of Nuisance Abatement for property located at 1915 Idora Street, Oroville, California 1. Background Butte County Code Chapter 32A provides a method for the identification and abatement of public nuisances within the County and the recovery of costs. Specifically, whenever the Director of Development Services determines that a public nuisance exists, the Director shall request that the property owner abate the nuisance within 72 hours, and if the nuisance is not abated within that time, the matter may be set for hearing before a hearing officer. If a hearing officer determines that a public nuisance exists, the property owner is liable for all of the County's administrative and abatement costs, 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 hearing officer's decision, the cost of judicially abating the violation, the cost of labor and materials necessary to physically abate the violation, and the cost of securing expert and other witnesses. In accordance with the Butte County Code, the Department of Development Services may recover its administrative and abatement costs for the abatement of public nuisances through the recording of a proposed lien and imposition of a special assessment against the subject property. All property owners are provided an opportunity to pay these costs within 15 days after notice and if the owner does not pay, then the matter may be set before your Board regarding the imposition and amount of the proposed lien and special assessment. If your Board determines that the proposed lien shall become a lien, your Board may also order that the costs be specially assessed against the property and collected at the same time and in the same manner as property taxes are collected. 1 2. Itemized costs of abatement On May 2, 2007, a hearing was held pursuant to Butte County Code Chapter 32A to determine whether a public nuisance exists at 1915 Idora Street, Oroville, California. Following the hearing, the hearing officer determined that the property did in fact constitute a public nuisance. In response to the hearing officer's decision, the County obtained an abatement warrant to abate the nuisance on the above property and the nuisance was abated at County cost. Prior to the abatement, the Department of Development Services requested bids to abate the public nuisance and the lowest bid was accepted to perform the abatement. The public nuisance on the above property, which included unsafe structure and junk in public view, was abated on July 5, 2007, pursuant to the decision of the Nuisance Abatement Hearing Officer dated May 9, 2007. The breakdown of the costs, all of which were incurred and paid by the Department of Development Services are as follows: Actual Costs: Abatement cost: $ 49000.00 Recording cost (Hearing Officer's decision & lien recordation): $ 44.00 Hearing Officer cost: $ 576.00 Staff cost: • Code Enforcement Staff • Administrative Staff Total staff char es $ $ $ 1,259.29 347.94 1,607.23 Postage and Fed Ex cost: $ 6.76 Title search: $ 50.00 Assessment costs: $ 6.50 Total Cost to County: $ 69290.49 As a result, and pursuant to Butte County Code Chapter 32A-50), the Department of Development Services is asking the Board to: a. Order that the proposed lien of $6,290.49 become a lien on the above property and that the lien be recorded in the Office of the Clerk -Recorder, and b. That the amount due be placed upon the County tax roll by the County Auditor as a special assessment to be collected at the same time and in the same manner as property taxes are collected. Notice of the proposed lien was sent to the property owners on September 13, 2007, along with a demand for payment which has not been paid. Photos of the above property taken both before and after the abatement are attached. 2 3. Notice to owners and possessors Pursuant to Butte County Code section 32A-50), the following owner(s) of record and persons known to be in possession of the property have been notified of the hearing by the Clerk of the Board of Supervisors with an affidavit of service: Mary Anne Clemmetson John Johnson 3828 Randolph Avenue Oakland, CA 94602-1209 Mary Anne Clemmetson John Johnson 1915 Idora Street Oroville, CA 95965 Attachments If you have any questions, please do not hesitate to contact me at 530-538-6821. Sincerely, Tim Snellings, ' ector 3 Photographs (Before Abatement) 1 pie �.:' a 4A A..4i�h Tip El r"' �. ,r. �¢oa _ ' "-_mss-. `_°.- ._. . ..,. .. Proposed Lien and Special Assessment Hearing Re: 1915 Idora Street, Oroville APN: 035-175-014 Date and time: October 23, 2007, at 10:20 a.m. By: Tim Snellings, Director of Development Services Butte County Code Chapter 32A • Authorizes County to abate public nuisances through hearing procedure and court warrant. • County may recover costs of abatement by proposing that a lien be recorded against the property and by placing a special assessment on the property. • Property owners have an opportunity to pay costs within 15 days of notice and the right to appear before the Board of Supervisors regarding the amount of the proposed lien and special assessment. 1 Recoverable Costs • The cost of time and expense in bringing the matter to hearing; • The cost of the Hearing Officer; • The cost of any appeals; • The cost to obtain an abatement warrant; • The cost to physically abate the nuisance. Nuisance Abatement re: APN 035-175-014 • Code violations: Unsafe structure and junk in public view. Hearing date: May 2, 2007 • Abatement dates: July 5, 2007 • Work performed: Removed fire damaged structure and junk. • Notice of Proposed Lien sent: September 13, 2007 2 Actual Costs • Hearing Officer: $576.00 • Postage costs & Fed Ex charges: $6.76 • Staff time $1,607.23 • Cost to physically abate: $4,000.00 • Title Search: $ 50.00 • Recording costs: $44.00 • Assessment Costs: $ 6.50 • Total Cost to County: $6,290.49 Photographs Before Abatement , LA 7f ir4 an i 3 Photographs After Abatement AW Recommended Board Action • Approve the proposed lien and special assessment in the above amount. 11 Butte County Department of Development Services TIM SNELUNGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttecieneraiRian.net Mary Anne Clemmetson John Johnson 3828 Randolph Avenue Oakland, CA 94602-1209 ADMINISTRATION * BUILDING * PLANNING September 13, 2007 Mary Anne Clemmetson John Johnson 1915 Idora Street Oroville, Ca 95965 DEMAND FOR PAYMENT OF NUISANCE ABATEMENT COST To the Property Owners of 1915 Idora Street, Oroville, California, APN 035-175-014: You are hereby notified that the County of Butte, pursuant to Butte County Code Chapter 32A, has incurred costs associated with the abatement of a public nuisance on property located at 1915 Idora Street, Oroville, California, APN: 035-175-014, and hereby demands payment of its Abatement and Administration costs. The public nuisance on the above property, which included unsafe structure & junk in public view, was abated on July 5, 2007 at a total cost of $6,226.00, pursuant to the decision of the Nuisance Abatement Hearing Officer dated May 9, 2007. The breakdown of the costs incurred are as follows: Abatement Costs $ 4,000.00 Title Search $ 50.00 Recording Fees $ 44.00 Hearing Officer Costs $ 576.00 Postage and Fed Ex Costs $ 6.76 Code Enforcement Officer Time $ 1,259.29 Administrative Staff Time $ 289.95 Total Costs: $ 61226.00 As a result, and pursuant to Butte County Code Chapter 32A, you are responsible for paying the sum of $6,226.00 to the County of Butte for costs incurred to abate the above public nuisance. You are also hereby notified that you have 15 days from receipt of this letter to pav the above costs to the Department of Development Services and that failure to pay above costs within 15 days from service of this bill may result in the recording of a lien and the imposition of a special assessment @gainst the property. Tim Snellings, Director Butte unty Department of Development Services /clemmetson costs: e E nr a-7---ta /Record decision $16.00 Lot book 50.00 ,Reg mail 2.10 .Cert. Mail 4.66 y !total for County Counsel 72.76 y Overnight (Kim has) (1) Addresses: Mary Anne Clemmetson Mary Anne Clemmetson John Johnson John Johnson 3828 Randolph Avenue 1915 Idora Street Oakland, CA 94602-1209 Oroville, CA 95965 ✓Cost to record lien: $28.00 (2 pages & 2 lien notices sent by recorder) ✓Dennis costs: Record decision dLot book Reg mail `Cert. Mail 4otal for County Counsel Overnight (Kim has) Addresses: Hattie P. Dennis 9725 S. 3rd Avenue Inglewood, CA 90305-3229 $ -0- 75.00 .78 9.28 ,,Cost to record lien: $28.00 (2 pages & 2 lien notices sent by recorder) NOTICE TO PROCEED Issued by Butte County Department of Development Services Date: 06/26/07 PROJECT 1915 Idora Street, Oroville COUNTY Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965-3334 CONTRACTOR C&C Demolition AMOUNT OF CONTRACT Four Thousand Dollars ($4,000.00) You are hereby notified to commence Work on the referenced Contract on and are to fully complete the Work within three (3) consecutive calendar days. Your Contract completion date is therefore: 0- 6 �� . The Contract provides for assessment of the sum of one hundred dollars ($100) as liquidated damages for each consecutive calendar day after the above - established Contract completion date that the Work remains incomplete. Wendy Jones Code Enforcement Officer Acknowledgement of Receipt This Notice to Proceed is not valid until signed and dated below and returned to Development Services, 7 County Center Drive, Oroville, CA 959,65-R34 or, f4ed to (530) 538-7785. Date Received �urrF COUNTY OF BUTTE FIELD o °° NUMBER OROVILLE, CALIFORNIA PURCHASE ORDER o ;' = F 07-298 S c�UN'�y 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 95965 E (530) 538-6869 R DATE QNTY I INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W.O. # 2/15/07 1 #2695476 -RB; 035-175-014; Clemmetson $50.00 440-001;535.201 2/15/07 1 #2695489 -RB; 025-340-046; Schultz $50.00 2/15/07 1 #2695520 -RB; 028-130-016; Gomez $50.00 2/20/07 1 #2700724 -RB; 065-040-038; Schobert $50.00 2/21/07 1 #0403-2693765; 035-083-003; Hedrick $75.00 2/21/07 1 #0403-2693692; 041-480-027; Carlin $75.00 2/21/07 1 #0403-2693734; 041-500-005; Mashburn $75.00 2/21/07 1 #0403-2688659; 065-420-017; Carpenter $50.00 3/8/07 1 #0403-2693781; 028-270-184; Young $75.00 Nuisance Abatement Please reference Order #'s on check. THANK YOU. TOTAL $550.00 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 contracted for and that there is a Budget Appropriation for the same. F 07-298 T14489 Date: DeparimentmeadorAumonzeduepury SUPPLIER NO. ACCOUNT NO. PROJECTNO. INVOICENO. INV. DATE ENCUMBRANCE AMOUNT 1 2 FDEPT 3 4 5 6 Submit WHITE, CANARY and PINK to PURCHASING SERVICES with supplier's invoice. Retain GOLDENROD MID VALLEY TITLE AND ESCROW CO. 601 MAIN STREET CHICO, CA 95928 (530)893-5644 FAX (530)893-1853 AFFILLIATED WITH FIRST AMERICAN TITLE INSURANCE & TRUST COMPANY INVOICE Development Services DATE: February 15, 2007 7 County Center Drive ORDER NO.: 2695476 -RB Oroville, CA 95965 2695489 -RB ATTN: 2695520 -RB RE: APN: 035-175-014,025-340-046,028-130-016 (=;,QcvF, La. ��n�CrybQ DATE DESCRIPTION CHARGES CREDITS BALANCE 2/15/07 Short Form Lot Book Guarantees (3) $150.00 $150.00 PLEASE PAY THIS AMOUNT $150.00 PLEASE NOTIFY US IMMEDIATELY IF ANY ERROR APIMA" U14 IN v ui%:V, 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. 2695476 -RB on your check If you have any questions, please contact Heather Robertson at 530-893-5644 Thank you. ....., _ _ E - r-3 iI 1D MAR - 6 20 gUTiE COUNiY PLANNING DIVISION _ 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.netldds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING MEMORANDUM FOR FUNDS TRANSFER To: Auditor -Controller's Office From: Development Services Subject: Funds Transfer Date: May 24, 2007 Please transfer the following amount(s) to the Butte County Clerk -Recorder's Office for: Recordation of Hearing Officer's Decision: APN: 035-175-014 1915 Idora Street Mary Anne Clemmetson Transfer Amount: From Account: To Account: $16.00 10 440001 536 1001 1011460 Thank you for your attention to this matter. Cc: County Clerk -Recorder 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) 638-7785 Facsimile www.buttecountv.netldds www.butte0eneralolan.net ADMINISTRATION * BUILDING * PLANNING 0 0/ 0 L0 MEMORANDUM FOR FUNDS TRANSFER To: Auditor=Controller's Office From: Development Services Subject: Funds Transfer Date: May 23, 2007 Please transfer the following amount(s) to the Butte County Clerk -Recorder's Office for: Recordation of Hearing Officer's Decision: APN: 035-175-014 1915 Idora Street Mary Anne Clemmetson Transfer Amount: From Account: To Account: $13.00 10 440001 536 1001 1011460 Thank you for your attention to this matter. Cc: County Clerk -Recorder ;7 COUNTY OF BUTTE PETTY CASH AUTHORIZATION AND PAYMENT FORM Department Development Services County Counsel Date Requisition No. May 14, 2007 Delivery To Appropriation Administrative Hearing Officees Decision re: Nuisance Date Required May 18, 2007 Supplier Butte County Clerk -Recorder COST NOT TO EXCEED: $150 TO INDMDUALS COST NOT TO EXCEED $109000 TO CORPORATIONS I certify that the goods and/or services shown above will be provided for Butte County use and that there is a Budget appropriation for these products or services. Department Authorized Signature For Purchasing Use Only Below Dotted Line ............................................................... PETTY CASH PAYMENT COUNTY OF BUTTE TO:DATE: FPayment losed Is Petty Cash Check No. in the amount of $14.00 ment by CASH in the amount of $ Petty Cash Receipt No. n SAME AS ABOVE f• For Cash Payment Only DESCRIPTION/SPECIFICATIONS Check to Butte County Clerk Recorder for recording of INVOICE NUMBER DOLLAR AMOUNT $14.00 FQUANTITY Administrative Hearing Officees Decision re: Nuisance Typed or Printed Name Abatement for property located at 1915 Idora Street, Oroville, California; APN 035-175-014 I certify that the goods and/or services shown above will be provided for Butte County use and that there is a Budget appropriation for these products or services. Department Authorized Signature For Purchasing Use Only Below Dotted Line ............................................................... PETTY CASH PAYMENT COUNTY OF BUTTE TO:DATE: FPayment losed Is Petty Cash Check No. in the amount of $14.00 ment by CASH in the amount of $ Petty Cash Receipt No. n SAME AS ABOVE f• For Cash Payment Only Sincerely yours, BUTTE COUNTY PURCHASING SERVICES By Received B (Signature) Date Purchasing Officer Typed or Printed Name 0 Purchasing Services 0 Auditor -Controller 0 Supplier 0 Department Yage 1 of 1 McMillan, Kim From: Tauchman, Bevedy Sent: Monday, May 14, 2007 10:47 AM To: McMillan, Kim; Albert, Kathleen Subject: Petty Case Request for Clemmetson Attachments: pettycashformClemmetson.doc Kim and Kathleen: Attached please find a petty cash form for the following: Recording of Hearing Officer's Decision Property: 1915 Wore Street, Oroville APN: 035-175-014 Owner: Mary Anne Clemmetson c/o John Johnson Breakdown of costs: First page 2nd to 3rd pages 1 Conformed copy Total Costs Thank you so much for your assistance. Beverly Tauchman Legal Secretary Butte County Catouel 25 County Center Drive Oroville, CA 95965-3380 Phone (530) 538-7621 Fa: (530) 538-6491 7.00 6.00 1.00 $14.00 Attorney Client/Work Product Privilege Confidentiality Notice: This e-mail transmission, and any documents or messages attached to It, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (btauchman(abuttecounty net), fax (530) 538-6891 or telephone (530) 538-7621. Thank you. 5/15/2007 County of Butte Oroville, California CLAIM FOR PROFESSIONAL AND SPECIAL SERVICES X15742 CLAIMANT: Leland. Schultz & Morrissey, LLP T17850 ADDRESS: 1660 Humboldt IMPORTANT: CITY & STATE: Chico, CA 95928 SEE INSTRUCTIONS ON REVERSE SIDE DATE OF CLAIM: 6/13/2007 CIIRMIT CI AIM Tn nFPAl7TMFNT RFCFIV/Nr GOODS OR SERVICES DATE DESCRIPTION OF CLAIM DESCRIBE FULLY TO AVOID DELAY AMOUNT Administralivre Hearin /Nuisance Abatement 6/7/07 Invoice #16175 5/17/07 APN:033-055-007 - Meyers; 309 Re man Street, Oroville $ 540.00 5/2/07-5/8/07 APN:035-175-014 - Clemmetson; 1915 Idora Street, Oroville $ 576.00 TOTAL $ 1,116.00 I, the undersigned, declare under penally of perjury that the services or articles claimed have been performed or delivered, and that this 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 ❑ (Check,Ana4qr the same. Date this G JAI day of. 2007, at \I"rf 1 lJl ► 0 tt� ���Department Head or Authorized Deputy 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 [ 3.00 540.001 °e 1.70 180.00/hr 30(a. 0.50 180.00/hr qo.`' 1.00 180.00/hr Butte County 6/7/2007 SUBTOTAL: For professional services rendered Previous balance Balance due Page 2 [ 3.20 576.001 6.20 $1,116.00 $1,673.30 $2,789.30 W`S NUISANCE ATE' �NT TIlVIE TRACKING LOG M i4,2y s-6r� - �---- APN/Address:l%/-5 -4 rPo.e%lo Officer. /A) " S Date Start Time End Time Total Time Activity and/or Comments 94 a 036 30 .�� w ?©v f 0. 1 rte Lj- (�:o0 12.ao lh� %3 x,`66 30 7I o gti h.2 -6a6 L Butte County Department of Development Services Code Enforcement Division 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.net/dds www.buffegeneralplan.net ADMINISTRATION * BUILDING * PLANNING NEWS RELEASE FOR IMMEDIATE RELEASE June 29, 2007 ABATEMENT OF A PUBLIC NUISANCE LOCATED AT 1915 IDORA STREET, OROVILLE, CALIFORNIA The County of Butte, through the Department of Development Services, Code Enforcement Division, will commence the abatement of a public nuisance located at 1915 Idora Street, Oroville, California, on July 5, 2007. The property in question is situated in a residential neighborhood and contains unsafe structures and excessive junk in public view. The property was declared a public nuisance by an Administrative Hearing Officer who determined that the property poses a potential for physical injury, poses a significant potential to cause economic damage, constitutes a significant detriment to the prevention or suppression of fire, and that the property is indecent and offensive to the senses. In accordance with Butte County Code Chapter 32A, the County of Butte will be abating the nuisance conditions on the above property in order to protect the health, safety and welfare of the public. The abatement will include the removal of all unsafe structures and junk from the property and the County will seek to recover its administrative and abatement costs from the owner(s) of the property following the abatement and pursuant to law. �i7 For further information, contact Gary Brown Code Enforcement Supervisor (530) 538-7601 Bill Connelly Supervisor, District 1 (530) 538-6834 Tim Snellings Director of Development Services (530) 538-7601 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 n the Matter of: ) ADMINISTRATIVE HEARING 1915 Idora Street, Oroville, ) OFFICER'S DECISION RE California (APN 035-175-014) ) NUISANCE ABATEMENT Hearing Date: May 2, 2007 Time: 9:00 a.m. Location: 7 County Center Drive Oroville, CA This matter relates to 1915 Idora Street, Oroville, California (APN 035-175-014) (the "subject property"), more particularly described as: LOTS 226 AND 227, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "OFFICIAL MAP OF THE LEE-HIGGINS TRACT, NEAR OROVILLE, BUTTE CO., CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON APRIL 7, 1910, IN BOOK 6 OF MAPS, AT PAGE(S) 73. EXCEPTING THEREFROM THE EAST 26 FEET OF SAID LOT 226. TOGETHER WITH THE NORTH HALF OF THE ALLEY LYING SOUTHERLY OF AND ADJACENT TO THE SOUTH LINE OF THE ABOVE DESCRIBED PROPERTY. The hearing was held on May 2, 2007 at 9:00 a.m. Mr. Richard A. Leland, Jr. served as the Administrative Hearing Officer. The County of Butte was represented by Deputy County Counsel Mr. Brad J. Stephens. No representative of the property owner was present. Appearing as a witness was Wendy Jones, Code Enforcement Officer for Butte County. The matter relates to the 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 stated that the proceedings are open to the public and are being taped ADMINISTRATIVE H 'S DECISION RE NU ENI 2 fi �� � /�'tj . � t `' 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 and that the tape will be maintained for at least three years from the date of the Decision -at the Butte County Department of Development Services. The Hearing Officer stated that the burden of proof is on the County to support its action and that the technical rules of evidence do not apply. The Hearing Officer stated that the standard for determining the existence of a nuisance would be the preponderance of the evidence as set forth in Section 32A -2(d). That'section defines a nuisance as a condition which is "indecent or offensive to the senses or otherwise detrimental and is public in nature." (Butte County Code Section 32A -2(d)(2).) Butte County submitted County Exhibits Nos. A through H. Witness Jones established a foundation for each of the exhibits, all of which were admitted into evidence. Butte County submitted evidence that the subject property was a burned out shell that contained old mattresses and appliances. The structure appeared fragile and ready*to fall down. Ms. Jones stated that small children lived in the area. The Hearing Officer finds that the Notice to Abate Nuisance, People's Exhibit G, was duly served and posted on the subject property. The Hearing Officer finds that the subject property constitutes a public nuisance. The condition of the property is offensive to the senses in that it is unsightly in absolute sense and in comparison with the other properties in the neighborhood. It is otherwise detrimental because the remaining structure could easily fall on someone and it constitutes a fire hazard. The subject property is a habitat for pests. The junk is visible from the street and is not covered by a solid fence. The owner of the subject property is ordered to within 15 days of the date of 11 mailing this order remove all appliances and mattresses from public view and remove from the subject property the remaining structure. Should the owner fail to remove the junk and burned out structure within the 15 - II day period, Butte County is authorized to do so. If Butte County so removes -the junk and structure, it 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 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 -,osts 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: May 9, 2007 Richard A. Leland, Jr. Administrative Hearing Officer 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 PROOF OF SERVICE 1, Bonnie Baker, 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. On the date shown below, I caused to be served the ADMINISTRATIVE HEARING OFFICER'S DECISION RE NUISANCE ABATEMENT X_ CERTIFIED MAIL - RETURN RECEIPT REQUESTED: Placed in the United States mail at Chico, California, addressed as follows: Mary Anne Clemmetson 3828 Randolph Avenue Oakland, CA 94602-1209 X Regular Mail: Brad J. Stephens Gary Brown Deputy County Counsel Supervisor, Code Enforcement Office of the County Counsel Department of.Development Services 25 County Center Drive 7 County Center Drive Oroville, CA 95965 Oroville, CA 95965 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 9, 2007, at Chico, California. 6:�� - c� Bonnie Baker LELAND, SCHULTZ & MORRISSEY LLP Richard A. Leland, Jr. Joseph L. Schultz Andrew J. Morrissey Kathleen Moghannam Clerk of the Board Butte County Administration 25 County Center Drive Oroville, CA 95965 Attorneys at Law 1660 Humboldt Road, Suite 6 Chico, California 95928 Phone: (530) 342-4500 Fax: (530) 345-6836 May 9, 2007 Re: Decision Re Nuisance Abatement 1915 Idora Street, Oroville, CA APN 035-075-014 Our File No. 3598.01 Dear Ms. Moghannam: Draper B. Gregory Of Counsel Alan G. Schmidt Paralegal Enclosed with this letter is the order of the Administrative Hearing Officer in the above -referenced matter. It became final on May 9, 2007 and the last day for the appeal will be May 22, 2007. If you have any questions, please feel free to contact the undersigned. Sincerely, LELAND, SCHULTZ & MORRISSEY LLP Richard A. Leland, Jr. RAL:bb Enclosure cc: Brad J. Stephens, Deputy County Counsel Gary Brown, Supervisor, Code Enforcement, Department of Development Services Butte County Department of Development Services TIM SNELUNGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www. b utte c o u ntv. n eVd d s www.butte-eneralplan.net ADMINISTRATION * BUILDING * PLANNING April 16, 2007 Richard Leland 1660 Humboldt Road Suite 6 Chico, CA 95928 Re: Nuisance Abatement Hearing — APN 035475-014 Mr. Leland, This letter will confirm that Development Services has rescheduled the Nuisance Abatement Hearing previously scheduled on April 20, 2007 at 9:00 am at 7 County Center Drive, Oroville, CA 95965 to May 2, 2007 at 9:00 am at 7 County Center Drive, Oroville, CA 95965. The property in question is 19151dora Street, Oroville. The property owners name is Mary Ann Clemmetson. 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, m McMillan Administrative Assistant, Senior Butte County Department of Development Services Code Enforcement Department 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile Mary Anne Clemmetson John Johnson 3828 Randolph Avenue Oakland, CA 946024 209 Mary Anne Clemmetson John Johnson 19151dora Street Oroville, CA 95965 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: 035-175-014 Having a Street Address of: 1915 Idora 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 Wednesday, May 2, 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 bili 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: 4 - I - 07 BUTTE COUNTY DIRECTOR OF DEVELOPMENT SERVICES By: Enclosure: Butte County Code Chapter 32A Butte County Department of Development Services Code Enforcement Department 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile Mary Anne Clemmetson John Johnson Randolph Avenue Oakland, CA 94602-1209 Mary Anne Clemmetson John Johnson 1915 Idora Street Oroville, CA 95965 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: 035-175-014 Having a Street Address of: 1915 Idora 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 Friday, April 20, 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. b utte c o u ntv. n et/d d s www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING March 15, 2006 Richard Leland 1660 Humboldt Road Suite 6 Chico, CA 95928 Re: Nuisance Abatement Hearing — APN 035-175-014 Mr. Leland, This letter will confirm your acceptance to act as Hearing Officer for a Nuisance Abatement Hearing on April 20, 2007 at 9:00 am at 7 County Center Drive, Oroville, CA 95965. The property In question is 1915 Idora Street, Oroville. The property owners name is Mary Ann Clemmetson. 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, r Kim McMillan Administrative Assistant, Senior