CALAVERAS COUNTY BOARD OF SUPERVISORS AGENDA

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CALAVERAS COUNTY BOARD OF SUPERVISORS AGENDA SUBMITTAL
ITEM TITLE
BOARD MEETING
AGENDA
Pursuant to Calaveras County Code 8.06.590
DATE
NUMBER
and Government Code 25845, uphold the
Administrative Citation in Code Compliance Case
April 22, 2014
#12-21, regarding Dennis Ponte, 3059 Dog Town
Road, Altaville, CA, authorizing abatement of all
remaining code violations, and the assessment of
a lien on the subject property for the recovery of
Administrative Costs, Administrative Fines, and
Abatement Costs. The Administrative Fine
assessed in this case is $15,000.00 and the
assessed Administrative Costs are $728.00.
Dept:
Building Department
Recognition __
Supervisorial
Contact:
Todd Barr
District Number
Consent
Phone:
754-2841
All
Re ular
X
Published Notice Required? Yes _ __
No_x_
Estimated Time:
Public Hearing Required?
Yes
No_x_
( ) Power Point Presentation - arrange with Administrative Office
( ) Resolution
( ) Ordinance
( ) Agreement
( ) Budget Transfer (Must be signed by Auditor)
( ) Complete Agreement (for agreements more than 20 pages) on file for viewing with Clerk
of the Board and also available on the Board of Supervisors website
RECOMMENDATION:
Pursuant to Calaveras County Code 8.06.590 and Government Code 25845, uphold the
Administrative Citation issued by the Code Compliance Unit in Code Compliance Case #12-21,
regarding Dennis Ponte, authorize abatement of all remaining code violations, and the
assessment of a lien on the subject property for the recovery of Administrative Costs,
Administrative Fines, and Abatement Costs. The Administrative Fine assessed in this case is
$15,000.00 and the assessed Administrative Costs are $728.00.
Dennis Ponte was issued an Administrative Citation for violation of Calaveras County Code
8.06.375 through a violation of Calaveras County Codes 8.06.290 - Public Nuisance, California
Building Code 108.4.1 - Permits, California Building Code 109 - Inspections, California Article
89 - General Code Provision 89.108.4 Electrical Requires Permits, California Electrical Code
Article 89- General Code Provision Section 89.108.4.4 -Inspections Required for Electrical
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DISCUSSION/SUMMARY:
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Rev. Oato: 1106201 3
Board of Supervisors Agenda Submittal
Subject: Ponte
Date: April22, 2014- Page 2
Code Compliance activity was initiated on this property in October 2004 when a complaint was
received concerning a structure that was being converted in to habitable space. A site
investigation was conducted and Mr. Ponte agreed to submit plans for the conversion to
habitable space and a septic system. There was a dispute concerning ownership of the
property and submission and application for permits was delayed. In November 2005 plans
were submitted and subsequently approved. The case was closed upon plan approval.
In October 2011 a new complaint was received and case review conducted. It was determined
that Mr. Ponte had failed to follow up and obtain permits and inspections as required. A second
Notice of Violation was sent to Mr. Ponte. He acknowledged receipt and contacted the Code
Compliance Unit. He was instructed to re-submit plans, obtain permits and complete the
inspection schedule through final. In June 2012 a follow up investigation was conducted and it
was determined that Mr. Ponte did not submit plans as instructed and Administrative Citation
#12-21 was issued. Mr. Ponte telephoned the Code Compliance Unit acknowledged receipt of
the Administrative Citation and again was told that he needed to submit plans and complete the
inspection schedule through final. Mr. Ponte has again failed to bring his property in to
compliance with County Code and California Building Code and has continued to construct
buildings on his property without the benefit of required permits and. inspections.
Administrative Citation #12-21 has not been appealed; therefore there are no Administrative
Hearing Board findings or transcript. Code Compliance submits the citation directly to the Board
of Supervisors to be upheld, to authorize a lien on the property for the recovery of abatement
costs, fines, and administrative costs.
Abatement in this case may include the removal of any hazards caused by the illegal
construction and filing a Notice of Non-Compliance Unlawful Stucture.
FINANCING:
Costs concerning this enforcement action are initially funded through the Code Compliance
budget. Once a citation is issued and it becomes necessary for abatement and cost recovery
the citation is sent to the Board of Supervisors for authorization to abate all violations on the
property, recover fines, administrative costs, and costs of abatement. All costs are reimbursed
from the designated fund Nuisance Abatement which in turn becomes a lien on the property, is
applied to the property tax roll, and is reimbursed with Teeter funds.
ALTERNATIVES:
The Board of Supervisors may increase, decrease or eliminate the fine.
OTHER AGENCY INVOLVEMENT:
None
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Calaveras County
Building Department
(209) 754-6390
(209) 754-6396 fax
Code Compliance
(209) 754-6326
(209) 754-6328 fax
Website: www.co.calaveras.ca.us
Administrative Citation #12-21
June 7, 2012
Administrative Fine
Payment of a fine in the amount of $15,000.00, Administrative Costs of $540.00 and Building
Department fees of 289.00 are now due and payable ($15,829.00 total). The amount due is in
addition to any other citation that you may have received and may include a re-inspection fee.
See reverse side for payment instructions and Appeal Rights.
Failure to pay the administrative fine/costs and make the indicated corrections by July 7, 2012
may result in abatement by the County, for which costs will be placed upon your property taxes
as a lien. Other enforcement actions also may ensue. See reverse side for Appeal Rights.
APN#
Site Address:
Person Cited:
Name:
Mailing Address
City, State, Zip
056-001-003
3059 Dog Town Road, Angels Camp, CA 95221
( ) Tenant
( ) Other
( x ) Owner
Dennis Ponte
PO Box 863
Altaville, CA 95222
Section Violations:
Calaveras County Code 8.06.290- Public Nuisance
California Building Code 108.4.1 - Permits
California Building Code 109 -Inspections
California Article 89, - General Code Provision 89.108.4
Electrical Requires Permits
California Electrical Code Article 89 - General Code
·Provision Section 89.108;4;4--lnspections 'Required Fo·r
Electrical
Date
Signature of Issuing Officer
Signature of Person Cited
Phone Number
Signing the Citation Is not an admission of guilt. It only acknowledges receipt.
Citation is valid with or without your signature.
I, Todd Barr, 0 Hand delivered to above violator X Deposited in U.S. mail, addressed to
above address of violator on June 7, 2012. Certified Mail 91 7108 2133 3934 6150 9940
READ REVERSE SIDE FOR IMPORTANT INFORMATION
Government Center
891 Mountain Ranch Road
San Andreas, CA 95249-9709
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Administrative Citations
The County o'fCalaveras Pro'perty Maintenance C()de, Chapter a.oe,:provi~es forthe issuance of administrative
citations for County ;code violations and the assessment of fines. There is no fine for a Warning; however, a fine
of $50.00 per day, per violation, may be assessed wben you are cited, ~s indicated on the front of f!lis form.
Each violation is a separat~ off~.ns~.~d wil.l. carry.~n,.indepm'~~nt. fine. Likewise, each day any violation exists is
a. separate---offense, starting-with the first.day.. of.Qecumentation b}'tthe~Code Compliance .Qffhniat
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Right of Appeal:
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You have the right to appeal the imposition of an administrative fine/administrative citation withlnlwenty{20)
days from:tiTe=date the cltation'·was issued:. An 'clJ)peal. musf: be made· in Writing within twenty (20) days f(om the
date of hand delivery erthe.date of'maillng:oftheAdministrative Citation. This appeal may be hand·d~livered
or mailed to Calaveras.CE)\:Inty, Code Compliance Unit, 891 Mountain- Ran.ch Rd., San .Andreas, CA:95249.:·An
appeal will result in an Administrative Hearin.g. If t.he:Findings are. ~pheJd by the Adm\n!~trative Hearing Boi!rd
you will be responsible for the costs of appeal (Approximately $1 050.00) and all current, additional, and future
Administrative Costs i.ncurr¢. ~y, tne Cpunty ~f C~l~vera$, its.f\g~flJs, and ~on~r~cto~s.
Failure of any person to properly ~f~' a·\#ntten app~~! .within ~enty (29) .~ays s~all constittJt~ a waiVer of his C?r
her right to an administrative 'hearing, aajiidication ofthe 'administratiV~ 'citatlori or 'any pait of it, and the'total
amount of the fine.
How to Pay Fines and Ad'ministrative·Costs:
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The amount of the fine and administrative costs, as provided for in Government Code§ 53069.4, is indicated on
the front of this administrative citation. Payment may be madt! in pe.-sonDr by mail to Cal~veras County,
Code Compliance Unit, 891 Mountain Ranch Rd.,.Sa!lAndr.ea~, CA. ~5249. Payment should be made by
cash, personal check, cashier's check or money order. Be sure to write the citation number on your check or
money order, m.ade pay"pl~ tQ,Cal~v.er's Col:lfltY and en~lose a,p~py of the citation. (Do not mail c~sh) •
Consequences of Failurt!
... to Pay:
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If you are the property owrier·and·you fail to paythe'firie·-assessed:bythe administrative citation within the time
specified, it may result in lien assessments on·th'e' ptbperty In thi3. amounh>fthe fine(s), plus all accumulated
administrative costs. The County has the' autl:lority·to·collect~all eosts.associated with the filing of such actions.
Alternatively·; the:county:may cm~:the·fimnncr·civii""OrsmaU:claimstCOtffitaction. Lien assessments are due
and payable in the next property tax cycle and must be paid at ttw. time :prqperty taxes are paid.
Consequences of Failure to Correct Violation(s):
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are numerous enforcement options that can be used to encourage the correction of violations. These
options include, but are not limited to, civil penalties, abatement by Calaveras County- costs·assessed as ~!"2nd
lien on property taxes, criminal prosecution, civil litigation, recording the violation with the County Recorder and
forf~!tur~ of cer:t~in State tax benefits for substandard residential rental property. Th~se optio.ns can ~f:!lPO'fler
the County to collect fines up to $100,000, demolish structures and make necessary repairs at the owner's
expense at;~d inc~~~~{~te vjola~ors ..~PY o.f th~,s~. ppti91)~ or q\hlU~.~iW ~e ~:~s.ed if th~ ~drninist£ativ.e citation(s)
do not achieve compliance.
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If you need further clarification, please cal~ .the Code Compliance Unit at (209} 754-6326.
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