Conrad Fromme Declaration

DocuSign Envelope ID: 366D07D9-9EBA-4CCC-A845-D5D35207F540
Case 4:23-cv-02594-JST Document 39 Filed 06/15/23 Page 1 of 9
1 THOMAS L. GEIGER (SBN 199729)

County Counsel
2
SEAN M. RODRIQUEZ (SBN 286668)
3 JASON M. MAUCK (SBN 255133)
Deputies County Counsel
4 COUNTY OF CONTRA COSTA
5 1025 Escobar Street, Third Floor
Martinez, California 94553
6 Telephone: (925) 655-2280
Facsimile: (925) 655-2266
7
Electronic Mail: sean.rodriquez@cc.cccounty.us
8 jason.mauck@cc.cccounty.us
9 Attorneys for Defendant
10 COUNTY OF CONTRA COSTA
11 UNITED STATES DISTRICT COURT

12
NORTHERN DISTRICT OF CALIFORNIA
13
DAWN SAMANIEGO, et al., No. 4:23-cv-02594 JST
14
15 Plaintiffs, DECLARATION OF CONRAD FROMME

IN SUPPORT OF DEFENDANT COUNTY
16 v. OF CONTRA COSTA’ OPPOSITION TO
PLAINTIFFS’ MOTION FOR
17
COUNTY OF CONTRA COSTA, et al. TEMPORARY RESTRAINING ORDER
18
Defendants.
19 Date: June 29, 2023
20 Time: 9:30 a.m.
Crtrm: 6, 2nd Floor
21 Judge: Hon Jon S. Tigar, Presiding
Date Action Filed: May 25, 2023
22
Trial Date: None Assigned
23
24
25 I, Conrad Fromme, declare:
26 1. If called to testify in this matter, I could and would competently testify to the
27 following matters, which are of my own personal knowledge.
28
DECLARATION OF CONRAD FROMME IN SUPPORT OF DEFENDANT COUNTY OF CONTRA
COSTA’S OPPOSITION TO PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER
- Case No. 4:23-cv-02594 JST 1
1 2. I am a Senior Building Inspector and Code Enforcement Officer employed by

2 the Building Inspection Division of Contra Costa County. I have been employed by the
3 Division since 2005. I am currently responsible for investigating and processing code
4 enforcement cases for violations of the County Ordinance Code occurring in eastern Contra
5 Costa County, including the area of Bethel Island.
6 3. My duties as a Code Enforcement Officer include the inspection of property for
7 compliance with the Contra Costa County Zoning Code, Title 8 of the County Ordinance
8 Code, and the County Building Code, Title 7 of the Ordinance Code. As a County Abatement
9 Officer, I am required to make determinations as to whether conditions of property constitute
10 violations of Title 7 and Title 8 of the Ordinance Code and, in conjunction with the Director of
11 Building Inspection, whether the conditions constitute a public nuisance.
12 4. Pursuant to County Ordinance Code section 14-6.204, any condition existing in
13 violation of the County Ordinance Code is a public nuisance and may be abated by the
14 County.
15 5. Pursuant to Article 14-6.4 of the County Ordinance Code (Uniform Public
16 Nuisances Abatement Procedure), I am authorized by the Contra Costa County Board of
17 Supervisors and the Director of Building Inspection to abate public nuisances in violation of
18 Title 7 and Title 8 of the County Ordinance Code. A true and correct copy of Ordinance Code
19 section 14-6.204 and article 14-6.4 is attached as Exhibit A and incorporated by reference.
20 6. I have inspected the property commonly known as 1970 Taylor Road, Bethel
21 Island, Contra Costa County, California (the “subject property”). The Assessor’s Parcel
22 Numbers of the subject property are 028-140-003 and 028-140-004.
23 7. I have reviewed the records of the Contra Costa County Assessor, which show
24 that the property is privately owned by BI Properties Inc.
25 8. The subject property is located in a retail-business (R-B) zoning district. The R-
26 B zoning designation does not allow for the habitation of recreational vehicles or trailers
27 except within a lawful recreational vehicle park or campground authorized by a valid land use
28
- Case No. 4:23-cv-02594 JST 2
1 permit. There is no land use permit authorizing such habitation or residential use on the
2 subject property.
3 9. The subject property was previously operated as a marina and campground
4 authorized pursuant to Land Use Permit 2013-91, approved by Contra Costa County on
5 January 6, 1992. A true and correct copy of Land Use Permit 2013-91 is attached as Exhibit
6 B and incorporated by reference. Contra Costa County revoked Land Use Permit 2013-91 on
7 August 15, 2005. A true and correct copy of the County Zoning Administrator’s decision
8 revoking Land Use Permit 2013-91 is attached as Exhibit C and incorporated by reference.
9 Contra Costa County has not issued a new land use permit for the subject property.
10 10. I have observed trailers, recreational vehicles, and boats located on the subject
11 property that are being used for human habitation.
12 11. I have observed that the trailers, recreation vehicles, and boats located on the
13 subject property being used for human habitation are being maintained in an unsafe and
14 unsanitary condition, and suffer from inadequate sanitation, lack of running water, lack of
15 adequate heating, lack of electrical lighting, lack of connection to a sewage disposal system,
16 lack of garbage removal services, nonconforming electrical wiring, lack of domestic water
17 supply services, and faulty weather protection.
18 12. I have observed that the electrical system, which consists of generators and
19 extension cords used to provide power to the various occupancies located on the subject
20 property was installed without a County building permit, does not use commercially supplied
21 electricity, and is in use without authorization from a County building official. I have
22 observed evidence and was informed by occupants that several recreational vehicles and
23 trailers have suffered fire damage due to improper use of and connection to unregulated
24 generators.
25 13. I have observed that domestic water supply service and sewage systems are not
26 present to serve the occupancies located on the subject property.
27 14. I have observed the unpermitted storage of trailers, recreational vehicles, and
28
- Case No. 4:23-cv-02594 JST 3
1 boats on the subject property, and the accumulation of tires, batteries, car parts, construction
2 equipment, junk, garbage, and debris on the subject property. During my various site visits to
3 the property, individuals living on the property and individuals in the surrounding community
4 have informed me that rats and other pests are prevalent due to the garbage accumulated on
5 the subject property.
6 15. Based on my observations, I have identified several violations of Title 7 and
7 Title 8 of the County Ordinance Code on the subject property.
8 16. County Ordinance Code section 84-68.1402 prohibits a recreational vehicle or
9 travel trailer from being located, maintained, or used for human habitation in an R-B zoning
10 district unless the recreational vehicle or travel trailer is located in a lawful recreational
11 vehicle park or campground allowed by a land use permit. A true and correct copy of County
12 Ordinance Code section 84-68.1402 is attached as Exhibit D and incorporated by reference.
13 There is no land use permit authorizing such habitation or residential use on the subject
14 property.
15 17. County Ordinance Code section 84-68.1404 prohibits the storage of mobile
16 homes, recreational vehicles, travel trailers, vessels, or vessel trailers if they are being used for
17 living or sleeping purposes. A true and correct copy of County Ordinance Code section 84-
18 68.1404 is attached as Exhibit E and incorporated by reference.
19 18. California Health and Safety Code section 18871(c) prohibits the occupancy of
20 recreational vehicles and trailers in an unsafe unsanitary condition or that are structurally
21 unsound and do not protect its occupants against elements, which may be enforced by the
22 County pursuant to Health and Safety Code section 18865(f). True and correct copies of
23 California Health and Safety Code sections 18871 and 18865 are attached as Exhibit F and
24 incorporated by reference.
25 19. County Ordinance Code section 72-6.202 prohibits the performance of any work
26 regulated by Title 7 of the County Ordinance Code, without the necessary permits from the
27 county building official. A true and correct copy of County Ordinance Code section 72-6.202
28 is attached as Exhibit G and incorporated by reference.
- Case No. 4:23-cv-02594 JST 4
1 20. County Ordinance Code sections 72-6.202 and 76-2.002 prohibit making
2 connections from a utility, source of energy, fuel, or power to any building or system for
3 which a permit is required until approved by the building official. True and correct copies of
4 County Ordinance Code sections 72-6.202 and 76-2.002 are attached as Exhibit H and
6 21. County Ordinance Code section 76-4.602 prohibits connecting a source of
7 electrical energy or supplying electric service to any electrical equipment for which a permit is
8 required without first obtaining a county building official’s written authorization. A true and
9 correct copy of County Ordinance Code section 76-4.602 is attached as Exhibit I and
11 22. County Ordinance Code section 76-4.608(a) requires all occupancies that have
12 commercially supplied electricity to connect to the commercial supplier. Section 76-4.608(b)
13 prohibits any occupancy that has commercially supplied electricity from using a permanent or
14 temporary generator, except when authorized by the county building official. A true and
15 correct copy of County Ordinance Code section 76-4.608 is attached as Exhibit J and
17 23. County Ordinance Code section 82-2.020 requires water supply and sewage
18 systems that comply with the County’s health and safety requirements and have obtained the
19 health officer’s approval. A true and correct copy of County Ordinance Code section 82-
20 2.020 is attached as Exhibit K and incorporated by reference.
21 24. The storage of trailers, recreational vehicles, and boats and the accumulation of
22 tires, batteries, car parts, construction equipment, junk, garbage, and debris constitute
23 junkyard conditions. County Ordinance Code section 88-4.402 prohibits the establishment or
24 maintenance of an unpermitted junkyard, and County Ordinance Code section 720-2.006
25 prohibits the maintenance of residential property in a nuisance condition by keeping boats,
26 trailers, vehicle parts or other articles of personal property in a state of partial construction or
27 repair for an unreasonable period of time. True and correct copies of County Ordinance Code
28 sections 88-4.402 and 720-2.006 are attached as Exhibit L and incorporated by reference.
- Case No. 4:23-cv-02594 JST 5
1 25. Since the revocation of Land Use Permit 2013-91 in 2005, multiple code
2 enforcement officers have conducted site investigations, documented code violations at the
3 subject property, and sought voluntary compliance by the property owner.
4 26. On June 16, 2021, acting as the County Abatement Officer, I declared the
5 conditions on the property to be a public nuisance and served the property owner, BI
6 Properties Inc., with a Notice and Order to Abate the nuisance. On June 24, 2021, a
7 representative of the property owner filed an appeal of the Notice and Order to Abate. That
8 same day, the representative contacted me by telephone to inform me that the owner needed
9 time to remedy the conditions so that he could then sell the subject property.
10 27. On September 13, 2021, I met with the property owner and its representative at
11 the subject property. Also present was County Code Enforcement Manager Joe Losado. We
12 discussed the code violations with the property owner and described the County abatement
13 process. We informed the property owner that pursuant to County Ordinance Code section
14 14-6.426, following a final abatement order, if the property owner did not perform the ordered
15 abatement, the County would abate the violations and charge the costs of the abatement to the
16 property owner. The property owner asked for an estimate of the anticipated costs of the
17 abatement. I obtained a contractor’s estimate of approximately $80,000 to perform the
18 abatement described in the Notice and Order to Abate and provided the estimated costs of the
19 abatement to the property owner’s representative. On October 14, 2021, the property owner’s
20 representative withdrew the appeal and the Notice and Order to Abate became a final order on
21 October 16, 2021. However, the County did not proceed with the abatement due to a pending
22 sale of the subject property that ultimately did not occur.
23 28. In or around January 2022, County Code Enforcement staff was informed that
24 PG&E had discontinued electrical service to the subject property. Staff did not request or
25 direct PG&E to discontinue electrical service. I conducted subsequent site inspections on July
26 19, 2022, October 17, 2022, and March 13, 2023, and observed that all previous violations
27 were still present. During those site inspections, individuals living at the property confirmed
28 that PG&E had discontinued electrical service to the property.
- Case No. 4:23-cv-02594 JST 6
1 29. On April 5, 2023, I conducted a site inspection of the subject property at which I
2 observed that all previous violations were still present, but that conditions had deteriorated
3 further, including an inoperable well pump resulting in no potable water service for persons
4 living on the property, and occupied recreational vehicles and trailers not connected to any
5 sewer system resulting in raw sewage being dumped on the ground and into the Delta
6 waterways.
7 30. On April 6, 2023, acting as the County Abatement Officer, I declared the
8 conditions on the property to be a public nuisance and served BI Properties Inc. with a Notice
9 and Order to Abate the nuisance. The Notice and Order to Abate was served by certified mail
10 and by posting on the property in accordance with County Ordinance Code section 14-6.412.
11 The Notice and Order to Abate informed the property owner and persons occupying the
12 property that the conditions on the subject property were in violation of the County Ordinance
13 Code and ordered the property owner to abate the conditions. A true and correct copy of the
14 April 6, 2023, Notice and Order to Abate is attached as Exhibit M and incorporated by
15 reference.
16 31. The Notice and Order to Abate stated that the property owners could appeal to
17 the Board of Supervisors. The property owners did not appeal within the time specified in the
18 notice. However, on April 16, 2023, a legal representative of two persons living at the subject
19 property, Kimberly Y. Perez and Robert Freeze, filed an appeal of the Notice and Order to
20 Abate.
21 32. On May 9, 2023, the County Board of Supervisors held a public hearing on the
22 appeal of the Notice and Order to Abate, affirmed the County Abatement Officer’s
23 determination, ordered the property owner to abate the nuisance, and directed the County
24 Abatement Officer to abate the nuisance if the property owner does not comply. On May 11,
25 2023, the Board’s Decision was sent by first class mail to the property owner and the
26 appellants’ legal representative in accordance with County Ordinance Code section 14-6.420.
27 The Board’s Decision was also posted on the subject property. A true and correct copy of the
28
- Case No. 4:23-cv-02594 JST 7
1 Board’s Decision and its accompanying attachments, including the exhibits presented at the
2 Board hearing, is attached as Exhibit N and incorporated by reference.
3 33. On May 19, 2023, the County executed a contract with Yelton Company, Inc. to
4 abate and remove all trailers, recreational vehicles, and boats; the unpermitted electrical
5 system; and the junkyard conditions, including all tires, batteries, car parts, construction
6 equipment, junk, garbage, and debris, on the subject property.
7 34. On May 22, 2023, I posted a Notice of Scheduled Abatement at the subject
8 property, informing the property owner and persons living at the subject property that the
9 abatement of the code violations was scheduled to begin on June 20, 2023, and that any items
10 left on the property may be subject to abatement. A true and correct copy of the Notice of
11 Scheduled Abatement is attached as Exhibit O and incorporated by reference.
12 35. Also on May 22, 2023, I was notified by persons living on the subject property
13 that they objected to the abatement and removal of the trailers, recreational vehicles, and boats
14 by the County without a warrant.
15 36. The entry on the subject property and removal of the trailers, recreational
16 vehicles, and boats on the subject property by representatives of the Building Inspection
17 Division and by representatives of abatement contractors is necessary to carry out the
18 abatement of the numerous code violations on the subject property.
19 37. On May 31, 2023, I obtained an abatement warrant from the Contra Costa
20 County Superior Court, effective on June 20, 2023, to conduct an abatement of the conditions
21 and structures described as all trailers, recreational vehicles, and boats; the unpermitted
22 electrical system; and the junkyard conditions, including all tires, batteries, car parts,
23 construction equipment, junk garbage, and debris, located on the subject property. A true and
24 correct copy of Abatement Warrant No. MSW23-0524 is attached as Exhibit P and
26 38. Following the June 1, 2023, case management conference in this action, on June
27 7, 2023, I posted a Notice of Postponed Abatement at the subject property, informing the
28 property owner and persons living on the subject property that the previously scheduled and
- Case No. 4:23-cv-02594 JST 8
1 noticed abatement of the subject property would not commence on June 20, 2023. A true and
2 correct copy of Notice of Postponed Abatement is attached as Exhibit Q and incorporated by
3 reference.
4 39. On June 13, 2023, I obtained an extension of the abatement warrant from the
5 Contra Costa County Superior Court to delay the effective date of Abatement Warrant No.
6 MSW23-0524 to July 14, 2023, at which time the warrant authorizes entry onto the subject
7 property for the purpose of abating and removing all trailers, recreational vehicles, and boats;
8 the unpermitted electrical system; and the junkyard conditions, including all tires, batteries,
9 car parts, construction equipment, junk garbage, and debris, from the subject property. A true
10 and correct copy of the Extension of Abatement Warrant No. MSW23-0524, is attached as
11 Exhibit R and incorporated by reference.
12
13 I declare under penalty of perjury under the laws of the United States of America that
14 6/15/2023
the foregoing is true and correct. Executed at Martinez, California on _______________.
15
16
17 6/15/2023
DATE: __________________ By:
18 CONRAD FROMME
19
20
21
22
23
24
25
26
27
28
- Case No. 4:23-cv-02594 JST 9
Case 4:23-cv-02594-JST Document 39-1 Filed 06/15/23 Page 1 of 10
RE: Dawn Samaniego, et al. v. County of Contra Costa, et al.

United States District Court Case No. 4:23-cv-02594 JST
EXHIBIT A
14-6.204 - Nuisances.
Any condition existing in violation of this code is a public nuisance, and may be abated in a civil action,
summarily or otherwise by the county.
(Ords. 88-88 § 2; 70-36 § 1: prior code § 1203).
Article 14-6.4. Uniform Public Nuisances Abatement Procedure
14-6.402 - Uniform procedure.
This article shall be known and may be cited as the "Uniform Public Nuisance Abatement Procedure." It is
enacted pursuant to Government Code Section 25845 and is intended to be an alternative procedure for the
abatement of any violation of this code which violation is declared to be a public nuisance.
(Ord. 88-88 § 2).
14-6.404 - Definition.
The term "county abatement officer" means the county officer responsible for enforcing the county
ordinance code provision being violated, which violation has been declared to be a public nuisance.
(Ord. 88-88 § 2).
14-6.406 - Summary abatement.
(a) Nothing in this article prohibits the summary abatement of a nuisance upon order of the board
or upon order of any other county officer authorized by law to summarily abate nuisances, if the
board or officer determines that the nuisance constitutes an immediate threat to public health
and safety.
(b) If a public nuisance is summarily abated, the county abatement officer shall keep an account of
the cost of abatement and bill the property owner for the cost of abatement. The bill shall be sent
by certified mail to the last known address of the property owner. Simultaneously, the bill may be
sent by regular mail. If the bill sent by certified mail is returned unsigned, then service is deemed
effective pursuant to regular mail.
(c) If the bill is not paid within forty-five days from the date of mailing, the county abatement officer
may proceed to obtain a special assessment and lien against the owner's property in accordance
with the procedures set forth in this article, except that, in addition to a review of the costs of
abatement, the board shall also hear and determine any issues relative to the necessity for the
abatement or the manner in which the property was declared to be a public nuisance and
summarily abated.
(Ords. 2007-18 § 2, 88-88 § 2).
14-6.408 - Scope.
Whenever a public nuisance is declared, it may be abated in accordance with the procedures provided in
this article. The procedures set forth in this article are not exclusive but are cumulative to all other civil and
criminal remedies provided by law. The seeking of other remedies shall not preclude the simultaneous
commencement of proceedings pursuant to this article.
(Ord. 88-88 § 2).
14-6.410 - Nuisance declared.
A county abatement officer may declare a public nuisance for any reason specified in this code. Once a
public nuisance is declared, the county abatement officer shall issue a notice and order to abate
substantially in the following form:
"NOTICE AND ORDER TO ABATE
NOTICE IS HEREBY GIVEN that (specify the condition constituting the nuisance)
is in violation of Section _____ of the Contra Costa County Ordinance Code. The violation has been
declared a public nuisance by the (county abatement officer) and must be abated immediately. The
public nuisance is on property located at (insert address or other legal property description) .
YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (insert 10 (days) or other
reasonable period) consecutive calendar days from the issuance of this order. The issuance date is
specified below. You may abate the nuisance by (insert desired action which, if taken, will adequately
remedy the situation) . If you fail to abate the public nuisance within the number of days specified,
the county may order its abatement by public employees, private contractor, or other means. The cost of
said abatement, if not paid, may be levied and assessed against the property as a special assessment lien
and may be collected at the same time and in the same manner as ordinary county taxes are collected,
subject to the same penalties, procedures and sale in case of delinquency.
YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any such appeal must be brought prior to
the expiration of the number of days specified above for completion of abatement. The appeal must be
in writing; specify the reasons for the appeal; contain your name, address and telephone number; be
accompanied by an appeal fee of _____ dollars ($_____); and be submitted to the Clerk of the Board of
Supervisors at the following address:
Clerk of the Board of Supervisors

County of Contra Costa
651 Pine Street, 1st Floor
Martinez, CA 94553
One who is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal
and accompanying fee, or waiver, the Clerk of the Board will cause the matter to be set for hearing
before the Board of Supervisors and notify you of the date and location of the hearing.
If you have any questions regarding this matter, you may direct them to the county officer issuing this
notice at the address or telephone number listed below.
ISSUANCE DATE: ________
_____
(Name, title, address and telephone number of the county abatement officer issuing this notice.)"
(Ord. 88-88 § 2).
14-6.412 - Service.
The notice and order to abate will be served by the method specified either in subsection (a) or (b).
(a) Certified Mail and Posting. Certified mail will be addressed to the owner at the address shown
on the last equalized assessment roll or as otherwise known, and addressed to anyone
known to the county abatement officer to be in possession of the property at the street
address of the property being abated. Service is deemed completed upon the deposit of the
notice and order to abate, postage pre-paid, in the United States mail. Simultaneously, the
notice and order to abate may be sent by regular mail. If the notice and order to abate sent
by certified mail is returned unsigned, then service is deemed effective pursuant to regular
mail. Posting of the notice and order to abate will be conspicuously on or in front of the
property. If the property has no frontage, posting will be on the portion of the property
nearest to a street, highway, or road, or most likely to give actual notice to the owner. The
failure of a person to receive a properly addressed service shall not affect the validity of the
proceedings.
(b) Personal Service. Personal service is deemed complete on the date the notice is personally
served.
(Ords. 2007-18 § 3, 88-88 § 2).
14-6.414 - Recording.
(a) The county abatement officer may record with the Contra Costa county recorder a notice of
pending nuisance abatement proceeding. A notice of pending nuisance abatement proceeding
will describe the property and the condition in violation of the code. Before recording a notice of
pending nuisance abatement proceeding, the county abatement officer will serve on the record owner of
the property a notice of intent to record a notice of pending nuisance abatement proceeding. Following
recordation of a notice of pending nuisance abatement proceeding, the county abatement officer will serve
a copy of the recorded notice.
(b) If a notice of pending nuisance abatement proceeding is recorded, the county abatement officer
shall serve on the record owner of the property a notice of final disposition when the nuisance
abatement proceeding has been completed, including any appeals and the completion of any
work necessary to abate the nuisance. If the work to abate the nuisance is performed at county
expense, the notice of final disposition need not be issued until those costs have been paid or a
lien for those costs has been recorded. The notice of final disposition may be recorded by any
party that was served with the notice of pending nuisance abatement proceeding.
(c) All notices specified in this section will be served in the manner specified in Section 14-6.412.
(d) A county abatement officer is not required to record a notice of pending nuisance abatement
proceeding before issuing a notice and order to abate pursuant to Section 14-6.410.
(Ords. 2007-18 § 4, 88-88 § 2).
14-6.416 - Appeal procedure.
(a) Any owner or other person in possession of the property may appeal to the board within the
number of days specified in the notice and order to abate. The appeal shall be submitted in
writing, specify the grounds upon which the appeal is taken, contain the name, address and
telephone number of the appellant, and be filed with the clerk of the board.
(b) An appeal filed with the clerk of the board must be accompanied by an appeal fee. The amount of
the appeal fee will be determined periodically by the board based upon the costs incurred by the
county in processing appeals pursuant to this article. The calculation will include all costs of the
county abatement officer, the clerk of the board, and any other county department that is
involved in the processing of appeals, but will exclude actual costs for any work of abatement. If
the appellant claims an economic hardship in paying the appeal fee, the appellant may submit an
application for waiver of the appeal fee on forms provided by the clerk of the board for that
purpose. The forms will be substantially similar to those required of litigants initiating court
proceedings in forma pauperis pursuant to Section 68511.3 of the Government Code. The forms
shall be executed under penalty of perjury and contain a declaration as to the truthfulness and
correctness of the information contained in the forms. The clerk of the board may grant the
appellant up to three business days beyond the expiration of the appeal period to complete and
submit the fee waiver forms, provided the appeal was timely filed. The appeal fee will be waived
upon the timely submittal of the completed fee waiver forms.
(c)
Failure to submit the completed fee waiver forms or pay the appeal fee in a timely manner shall cause the
appeal request to be automatically denied. Enforcement of the order to abate may then proceed as if no
appeal request had been submitted.
(d) Upon the filing of a timely and complete appeal, including payment of the appeal fee or
submission of completed fee waiver forms, the clerk of the board will set the matter for hearing
before the board. The clerk of the board will notify the parties in writing of the date and location
of the hearing at least ten days prior to the hearing date. Further abatement action shall be
stayed until the appeal is acted upon.
(e) If the appeal fee is paid and the board finds there is no public nuisance, the appeal fee shall be
refunded to the appellant without the payment of any interest that could have accrued.
(f) The failure to file a timely and complete appeal of a notice and order to abate shall be deemed to
be a failure to exhaust administrative remedies.
(Ords. 2007-18 § 5, 88-88 § 2).
14-6.418 - Hearing procedure.
(a) At the hearing before the board, the appellant will be given the opportunity to present oral and
written testimony and other evidence, and to present oral and written argument.
(b) The hearing need not be conducted according to technical judicial rules relating to evidence,
witnesses and discovery. Any relevant evidence may be admitted if it is the sort of evidence on
which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of
the existence of any common law or statutory rule that might make improper the admission of
the evidence over objection in civil actions. Irrelevant or unduly repetitious evidence may be
excluded. The board may, from time to time, adopt procedures to govern hearings in further
detail.
(c) The hearing may be continued from time to time upon the request of a party to the hearing and
upon a showing of good cause.
(Ords. 2007-18 § 6, 88-88 § 2).
14-6.420 - Decision.
(a) At the conclusion of the hearing, the board will reverse, modify or affirm the determinations of
the county abatement officer and may direct the county abatement officer to proceed and
perform the work of abatement if not performed by the owner or the person in possession of the
property within a prescribed period of time.
(b) The decision of the board will be in writing, be based on the record, and include a statement of
the factual and legal basis of the decision. The decision of the board will be filed with the clerk of
the board following the conclusion of the hearing. A copy of the decision will be sent by first-class
mail to the appellant at the address specified in the appeal, and by mail to each party appearing at the
hearing. The county abatement officer is responsible for preparing, mailing and filing the decision.
(c) The decision of the board is final when mailed to the appellant.
(Ords. 2007-18 § 7, 88-88 § 2).
14-6.422 - Time for compliance.
If the board decides that the order to abate should be enforced, that owner or person in possession of
the property shall comply with the order within such period of time as may be prescribed, and in the
absence of any prescribed time, within thirty days from the date of mailing of the final decision. The
prescribed period of time shall commence on the date of mailing of the final decision.
(Ord. 88-88 § 2).
14-6.424 - Judicial review.
Judicial review of the board's final decision is governed by California Code of Civil Procedure Sections
1094.5 and 1094.6.
(Ords. 2007-18 § 8, 88-88 § 2).
14-6.426 - Abatement by county.
(a) Upon the failure, neglect or refusal to properly comply with the order to abate within the
prescribed time period, the county abatement officer may cause to be done whatever work is
necessary to abate the public nuisance. An account of the cost of abatement shall be kept for
each separate assessor's parcel involved in the abatement.
(b) When the county has completed the work of abatement, or has paid for the work, the total
abatement costs shall be charged to the owner of the property. "Total abatement costs" means
the costs of the actual work of abatement, administrative costs, inspection and reinspection
costs, the appeal fee if it had been waived pursuant to Section 14-6.416, and attorneys' fees if
applicable.
(c) Attorneys' fees may be recovered in a proceeding under this article if the county elects, at the
initiation of the proceeding, to seek recovery of its own attorneys' fees. If the county so elects,
attorneys' fees will be recovered by the prevailing party. In no proceeding shall an award of
attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the county in the
proceeding.
(d)
The total abatement costs shall be included in a bill and sent by certified mail to the last known address of
the property owner. Simultaneously, the bill may be sent by regular mail. If the bill sent by certified mail is
returned unsigned, then service is deemed effective pursuant to regular mail. The bill shall inform the
owner that failure to pay the bill within forty-five calendar days from the date of mailing may result in a lien
upon the property.
(Ords. 2007-18 § 9, 97-19 § 2, 88-88 § 2; Gov. Code § 25845(c)).
14-6.428 - Report and notice of hearing.
(a) If the bill is not paid within forty-five days from the date of mailing, the county abatement officer
shall render an itemized report in writing to the clerk of the board for submittal to the board for
hearing and confirmation. The report shall include, at a minimum, the names and addresses of
the possessor of the property and all persons having any record interest in the property
(including but not limited to, holders of mortgages or deeds of trust), the date upon which the
abatement of the nuisance was ordered, the date the abatement was complete, a description of
the real property subject to the lien, and the total abatement costs.
(b) At least ten days prior to the hearing, the clerk of the board shall give notice, by certified mail, of
the hearing to all persons named in the county abatement officer's report. The notice shall be
prepared by the county abatement officer and shall describe the property by assessor's parcel
number and street number or some other description sufficient to enable identification of the
property and contain a statement of the amount of the proposed assessment.
(Ords. 2007-18 § 10, 88-88 § 2).
14-6.430 - Hearing on report.
At the time fixed for receiving and considering the report, the board shall hear it and any objections of
any of the owners liable to be assessed for the work of abatement or any other persons who may have a
legal interest in the property. The board may add to the proposed assessment an amount equal to the cost
of conducting the assessment confirmation hearing. The board may also make such other modifications in
the report as it deems necessary, after which, the board may order the report confirmed. The order and
modified report shall be filed with the clerk of the board, and as filed shall be final and conclusive.
(Ord. 88-88 § 2).
14-6.432 - Cost as special assessment and lien.
The amounts and the costs of abatement mentioned in the report as confirmed shall constitute a special
assessment against such property and are a lien on the property for the amount of the respective
assessment.
In addition to its rights to impose said special assessment, the county shall retain the alternative right to
recover its costs by way of civil action against the owner and person in possession or control jointly and
severally.
(Ord. 88-88 § 2).
14-6.434 - Notice of assessment and abatement lien.
The county abatement officer shall record at the office of the county recorder, and deliver to the auditor-
controller, a certificate substantially in the following form:
"NOTICE OF ASSESSMENT AND

ABATEMENT LIEN
(Public Nuisance Abatement)
Pursuant to Government Code Section 25845 and Ordinance Code Article 14-6.4, Contra Costa County
abated a public nuisance on the parcel of real property described below, of which the named person(s) is
the owner of record or possessor, and fixed the below-shown amount as the cost thereof and thereby
claims a special assessment against said property for this amount.
1. RECORD OWNER(S): _____

LAST KNOWN ADDRESS: _____
2. POSSESSOR(S) (if different from owner): _____

LAST KNOWN ADDRESS: _____
3. DATE ABATEMENT ORDERED: _____
4. DATE ABATEMENT COMPLETED: _____
5. PARCEL: Real property in Contra Costa County, California: County Assessor's parcel #: _____
[other description where needed] _____
6. AMOUNT OF ABATEMENT
(ASSESSMENT) COST: _____
Dated: _____ Contra Costa County
By: _____
County Abatement Officer"

(Ord. 88-88 § 2).
14-6.436 - Manner of collection—Law applicable.
Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner
as county taxes are collected, and are subject to the same penalties and the same procedure and sale in
case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and
enforcement of county taxes are applicable to such assessments, except that if any real property to which
such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or a lien of a
bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the
first installment of such taxes would become delinquent, then the lien which would otherwise be imposed
shall not attach to such real property and the cost of abatement and the cost of enforcing the abatement as
confirmed, relating to such property, shall be transferred to the unsecured roll for collection.
(Ord. 88-88 § 2).
14-6.438 - Release and subordination.
An abatement lien created under this article may be released or subordinated by the county abatement
officer in the same manner as a judgment lien on real property may be released or subordinated.
(Ord. 88-88 § 2).
14-6.440 - Violations.
It is unlawful for any person to interfere with the performance of the duties herein specified for the
county abatement officer or any authorized officer or employee thereof, or to refuse to allow any such
officer or employee or approved private contractor, to enter upon any premises for the purpose of abating
the public nuisance or to interfere in any manner whatever with said officers or employees in the work of
abatement. Any person violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor unless, in the discretion of the prosecutor, it is charged as an infraction.
(Ord. 88-88 § 2).
Article 14-6.6. Treble Abatement Cost for Repeat Public Nuisances


EXHIBIT B

EXHIBIT C

EXHIBIT D
84-68.1402 - Use for human habitation.
No mobile home, recreational vehicle, or travel trailer shall be located, maintained or used for human
habitation, including sleeping, in any land use district, except as follows:
(a) The use of the mobile home, recreational vehicle, or travel trailer is authorized by Article 84-
68.16, 84-68.18, or 84-68.20.
(b) The mobile home, recreational vehicle, or travel trailer is located in a lawful mobile home
park or travel trailer park.
(c) The mobile home, recreational vehicle, or travel trailer is located in a lawful recreational
vehicle park or campground allowed by a land use permit in these districts only: A-2, A-3, RB,
C, L-1 and T-1.
(Ord. No. 2009-12, § XI, 5-19-09; Ords. 2002 - 27 § 4, 92-65 § 2, 87-3 § 2 [former § 84-68.806], 8 1-38 § 1, 80-
74 § 7, 75-16 § 5: prior code § 8168(d)(3): Qrds. 69-83 § 1,68-30 § 2,67-39 § 1).

EXHIBIT E
84-68.1404 - Storage of mobile homes, recreational vehicles, travel trailers, vessels, and vessel trailers.
A mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer may be stored at the residence
of the owner or at any other residence in any land use district only if both of the following conditions are
met:
(a) The mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer is not used for
living or sleeping purposes.
(b) The mobile home, recreational vehicle, travel trailer, vessel, or vessel trailer is adequately
screened from view from all public roadways or thoroughfares.
(Ord. No. 2009-12, § XII, 5-19-09; Ords. 2002 - 27 § 5, 92-65 § 2 [former § 84-68.8 10], 87-3 § 2, 68-30 § 2
[former 84-68.8 10], 67-39 § 1: prior code § 8668 (d)(5)).

EXHIBIT F
HEALTH AND SAFETY CODE - HSC
DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. )
PART 2.3. SPECIAL OCCUPANCY PARKS ACT [18860 - 18874] ( Part 2.3 added by Stats.
2001, Ch. 434, Sec. 39. )

CHAPTER 8. Regulations—General Provisions [18871 - 18871.11] ( Chapter 8 added by Stats. 2001, Ch.
434, Sec. 39. )

It is unlawful for any person to use or cause, or permit to be used for occupancy, any of the following manufactured homes,
mobilehomes, park trailers, or recreational vehicles in a park or recreational vehicles outside of special occupancy parks:
18871.
(a) Any recreational vehicle, park trailer, mobilehome, or manufactured home supplied with fuel, gas, water, electricity, or
sewage connections, unless the connections and installations conform to regulations of the department.
(b) Any recreational vehicle, mobilehome, or manufactured home that is permanently attached with underpinning or foundation to
the ground, except for a mobilehome or manufactured home bearing a department insignia or federal label that is installed in
accordance with Part 2.1 (commencing with Section 18200), and any recreational vehicle, mobilehome, manufactured home, or park
trailer that is not in compliance with Sections 18027.3 and 18871.5.
(c) Any recreational vehicle, mobilehome, or manufactured home in an unsafe or unsanitary condition or that is structurally unsound
and does not protect its occupants against the elements.
(d) Any mobilehome or manufactured home that does not conform to the registration requirements of the department.
(Added by Stats. 2001, Ch. 434, Sec. 39. Effective January 1, 2002. Operative January 1, 2004, by Sec. 44 of Ch. 434, as amended
by Stats. 2002, Ch. 1038.)
HEALTH AND SAFETY CODE - HSC
DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. )
PART 2.3. SPECIAL OCCUPANCY PARKS ACT [18860 - 18874] ( Part 2.3 added by Stats.
2001, Ch. 434, Sec. 39. )

CHAPTER 4. Application and Scope [18865 - 18865.8] ( Chapter 4 added by Stats. 2001, Ch. 434, Sec.
39. )

(a) This part applies to all parts of the state and supersedes any ordinance enacted by any city, county, or city and county,
whether general law or chartered, applicable to this part. Except as provided in Section 18930, the department may adopt
18865.
regulations to interpret and make specific this part and, when adopted, the regulations shall apply to all parts of the state.
(b) Upon 30 days’ written notice from the governing body to the department, any city, county, or city and county may
assume the responsibility for the enforcement of both this part and Part 2.1 (commencing with Section 18200) and the regulations
adopted pursuant to this part following approval by the department for the assumption.
(c) The department shall adopt regulations that set forth the conditions for assumption and may include required qualifications of
local enforcement agencies. The conditions set forth and the qualifications required in the regulations shall relate solely to the ability
of local agencies to enforce properly this part and the regulations adopted pursuant to this part. The regulations shall not set forth
requirements for local agencies different than those that the state maintains for its own enforcement program. When assumption is
approved, the department shall transfer the responsibility for enforcement to the city, county, or city and county, together with all
records of special occupancy parks within the jurisdiction of the city, county, or city and county.
(d) (1) In the event of nonenforcement of this part or the regulations adopted pursuant to this part by a city, county, or city and
county, the department shall enforce both this part and Part 2.1 (commencing with Section 18200) and the regulations adopted
pursuant to this part and Part 2.1 in the city, county, or city and county, after the department has given written notice to the governing
body of the city, county, or city and county, setting forth in what respects the city, county, or city and county has failed to discharge
its responsibility, and the city, county, or city and county has failed to initiate corrective measures to carry out its responsibility
within 30 days of the notice.
(2) Where the department determines that the local enforcement agency is not properly enforcing this part, the local enforcement
agency may appeal the decision to the director of the department.
(e) (1) Any city, city and county, or county may cancel its assumption of responsibility for the enforcement of both this part and Part
2.1 (commencing with Section 18200) by providing written notice of cancellation to the department. The department shall assume
responsibility within 90 days after receipt of the notice.
(2) A local enforcement agency that has been approved by the department to enforce the provisions of this chapter and cancels its
assumption of responsibility and returns enforcement to the department under paragraph (1) shall remit to the department the fees
collected under Section 18870.2 that have not been expended pursuant to this chapter and the regulations adopted thereunder,
except that, for fees for a permit to operate, the local enforcement agency shall pay to the department a sum that is equal to the
percentage of the year remaining before outstanding permits to operate expire. In addition, the local enforcement agency that
relinquishes enforcement authority to the department shall remit to the department any fees collected pursuant to this part for
permits to construct or for plan review, or both, for which a final approval of the construction has not yet been issued.
(f) Every city, county, or city and county shall, within its jurisdiction, enforce this part and the regulations adopted pursuant to this
part, as they relate to recreational vehicles and to accessory buildings or structures located in both of the following areas: (1) inside
of parks where the city, county, or city and county has assumed responsibility for enforcement of both this part and Part 2.1
(commencing with Section 18200), and (2) outside of parks.
(g) This part shall not prevent local authorities of any city, county, or city and county, within the reasonable exercise of their police
powers, from doing any of the following:
(1) Establishing, subject to the requirements of Sections 65852.3 and 65852.7 of the Government Code, certain zones for special
occupancy parks within the city, county, or city and county, as defined in the zoning ordinance, or from adopting rules and
regulations by ordinance or resolution prescribing park perimeter walls or enclosures on public street frontage, signs, access, and
vehicle parking or from prescribing the prohibition of certain uses for special occupancy parks.
(2) Regulating the construction and use of equipment and facilities located outside of a recreational vehicle used to supply gas,
water, or electricity thereto, except facilities owned, operated, and maintained by a public utility, or to dispose of sewage or other
waste therefrom when the facilities are located outside a park for which a permit is required by this part or the regulations adopted
pursuant thereto.
(3) Requiring a permit to use a recreational vehicle outside a park for which a permit is required by this part or by regulations
adopted pursuant thereto, and require a fee therefor by local ordinance commensurate with the cost of enforcing this part and local
ordinance with reference to the use of recreational vehicles, which permit may be refused or revoked if the use violates this part or
Part 2 (commencing with Section 18000), any regulations adopted pursuant thereto, or any local ordinance applicable to that use
or Part 2.1 (commencing with Section 18200).
(h) A city, including a charter city, county, or city and county, shall not require a new park to include a clubhouse. Recreational
facilities, recreational areas, accessory structures, or improvements may be required only to the extent that the facilities or
improvements are required in other types of similar recreational facilities, if any, in the city, county, or city and county.
(Amended by Stats. 2008, Ch. 138, Sec. 4. Effective January 1, 2009.)

EXHIBIT G
72-6.202 - Permits.
No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish any building or structure regulated by this title, or cause the same to be done, or install
or connect any equipment regulated by this title, or perform any work regulated by this title, without first
obtaining the necessary permits from the county building official.
(Ord. 2007-54 § 2).


EXHIBIT H
EXHIBIT H
72-6.202 - Permits.
No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish any building or structure regulated by this title, or cause the same to be done, or install
or connect any equipment regulated by this title, or perform any work regulated by this title, without first
obtaining the necessary permits from the county building official.
(Ord. 2007-54 § 2).
76-2.002 - Adoption.
(a) The electrical code of this county is the 2022 California Electrical Code (California Code of
Regulations, Title 24, Part 3) ("CEC"), as amended by the changes, additions, and deletions set
forth in this division and Division 72.
(b) The 2022 California Electrical Code, with the changes, additions, and deletions set forth in
Chapter 76-4 and Division 72, is adopted by this reference as though fully set forth in this
division.
(c) At least one copy of this electrical code is now on file with the building inspection division, and
the other requirements of Government Code section 50022.6 have been and shall be complied
with.
(d) As of the effective date of the ordinance from which this division is derived, the provisions of the
electrical code are controlling and enforceable within the county.
(Ords. 2019-31 § IV, 2016-22 § IV, 2013-24 § IV, 2011-03 § IV, 2007-54 § 5, 2002-31 § 4, 99-17 § 11, 89-60 § 2,
82-23 § 2, 79-67, 76-24)
(Ord. No. 2022-35 , § IV, 10-25-22)


EXHIBIT I
76-4.602 - County building official's approval required.
No person shall connect a source of electrical energy, or supply electric service, to any electrical
equipment for the installation of which a permit is required without first obtaining the county building
official's written authorization.
(Ords. 2007-54 § 5, 2002-31 § 4, 99-17 § 11, 89-60 § 2, 82-23 § 2, 79-67, 76-24).


EXHIBIT J
76-4.608 - Power from generators.
(a) All occupancies that have commercially supplied electricity shall connect to the commercial
supplier.
(b) Any occupancy that has commercially supplied electricity shall not use a permanent or temporary
generator(s), provided that a generator(s) may be used for commercial purposes when
authorized by the county building official.
(Ords. 2013-24 § IV, 2011-03 § IV, 2007-54 § 5, 2005-32 § 2).

EXHIBIT K
82-2.020 - Water and sewage requirements.
Water supply and sewage systems and/or facilities required for any use, construction, structure, or other
development to be established under a permit issued pursuant to this title shall comply with Chapters 414-4
and 420-6 of this code and the health officer's approval.
(Ord. 81-56 § 4).


EXHIBIT L
720-2.006 - Residential property nuisance.
No person owning, leasing, renting, occupying or having charge or possession of residential real property
shall maintain or allow the maintenance of the property in such a manner that any of the following
conditions exist on the property and are visible from a street, highway, or private road:
(a) Attractive nuisances dangerous to children, such as abandoned, broken or neglected

equipment, machinery, refrigerators or freezers, or unsafe pools, ponds or excavations;
(b) Shopping carts, household equipment or broken or discarded furniture for an unreasonable
period of time;
(c) Garbage or trash cans for more than thirty-six hours;
(d) Boats, trailers, vehicle parts or other articles of personal property that are abandoned or left
in a state of partial construction or repair for an unreasonable period of time;
(e) Construction and wood debris, including cuttings, for an unreasonable period of time;
(f) Weeds over eighteen inches in height.
(Ords. 2002-46 § 3, 89-49 § 3).
88-4.402 - Permit—Required.
No person shall establish or maintain a junkyard in this county without first obtaining a permit as
provided in this chapter.
(Prior code § 8333: Ord. 934).


EXHIBIT M

EXHIBIT N
Case 4:23-cv-02594-JST Document 39-14 Filed 06/15/23 Page 2 ofD.8
56
Contra
To: Board of Supervisors Costa
From: Jason Crapo, County Building Official County
Date: May 9, 2023
Subject: Appeal of Notice and Order to Abate a public nuisance, 1970 Taylor Rd., Bethel Island, CA
RECOMMENDATION(S):
1. OPEN the hearing on the Appeal of the Notice and Order to Abate a public nuisance on the real property located at 1970 Taylor Road, Bethel
Island, California in unincorporated Contra Costa County; APNs: 028-140-003 and 028-140-004.
2. RECEIVE and CONSIDER oral and written testimony and other evidence from the County Abatement Officer; the property owner, the
appellants, and other persons; and CLOSE the hearing.
3. FIND that the facts set forth in this board order are true.
4. AFFIRM the County Abatement Officer's determination in the Notice and Order to Abate by finding that the subject property constitutes a
public nuisance in that it contains all of the following:
a) All trailers, recreational vehicles, and boats located on the subject property that are being used for human habitation without the
necessary permits or authorizations constitute violations of Sections 84-68.1402 and 84-68.1404 of the Contra Costa County Ordinance
Code.
b) All trailers, recreation vehicles, and boats located on the subject property that are being used for human habitation are in an unsafe
and unsanitary condition, including inadequate sanitation, lack of running hot water, lack of adequate heating, lack of electrical lighting,
lack of connection to a sewage disposal system, lack of garbage removal services, nonconforming electrical wiring, lack of domestic
water supply services, faulty weather protection, and the there is an accumulation of junk, garbage and debris in violation of Section
84-68.1402 of the Contra Costa County Code and California Health and Safety Code, Sections 18865(f) and 18771(c);
c) The electrical system consisting of generators and extension cords used to provide power to the various occupancies located on the
subject property was installed without the necessary permits, does not use commercially supplied electricity, and is in use without
authorization from the County building official, in violation of Sections 72-6.202, 76-2.002, 76-4.602, and 76-4.608 of the Contra Costa
County Ordinance Code;
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/09/2023 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor ATTESTED: May 9, 2023
Diane Burgis, District III Supervisor Monica Nino, County Administrator and Clerk of the Board of Supervisors
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
By: June McHuen, Deputy
Contact: Jason Crapo, 925-655-2800
cc:
RECOMMENDATION(S): (CONT'D)
d) Domestic water supply service and sewage systems are not present to serve the occupancies located on the subject property in
violation of Section 82-2.020 of the Contra Costa County Code.
e) There are unpermitted junkyard conditions on the subject property, including the storage of trailers, recreational vehicles, and
boats and the accumulation of tires, batteries, car parts, construction equipment, junk, garbage, and debris, in violation of Sections
88-4.402 and 720-2.006 of the Contra Costa County Ordinance Code.
5. ORDER the property owner to abate the public nuisances by doing all of the following within ten (10) days of the mailing of the Board's
decision:
a) Discontinue the use of all trailers, recreational vehicles, and boats on the subject property for human habitation.
b) Disconnect and remove the unpermitted electrical system from the subject property.
c) Remove all trailers, recreational vehicles, and boats stored on the subject property OR submit a complete application and obtain
necessary permit(s) from the Community Development Division to allow the storage of trailers, recreational vehicles, and boats on
the subject property. Human habitation of the trailers, recreational vehicles, or boats stored on the subject property is not permitted.
d) Remove the accumulation of all tires, batteries, car parts, construction equipment, junk, garbage, and debris from the subject
property.
6. DIRECT the County Abatement Officer to abate the nuisances and charge the cost of the work and all administrative costs to the property
owner, if the property owner does not comply with the Board's order to abate the public nuisance.
7. DIRECT the County Abatement Officer to send the Board's decision by first class mail to the property owner, the appellants, and to each
party appearing at this hearing, and to file the Board's decision with the Clerk of the Board of Supervisors.
FISCAL IMPACT:
Staff estimates the cost of the removal of all trailers, recreational vehicles, boats, the unpermitted electrical system, tires, batteries, car parts,
construction equipment, junk, garbage, and debris to be $80,000.00. If the County Abatement Officer performs the work of the abatement
and the property owner does not pay, the actual cost of the work and all administrative costs will be imposed as a lien on the property after
notice and a hearing, and may be collected as an assessment against the property.
BACKGROUND:
1. The real property located at 1970 Taylor Road, Bethel Island, CA. Contra Costa County; APNs: 028-14-003 and 028-140-004 is
owned by B.I. Properties Inc.
2. The above-referenced property is located in a retail-business (R-B) zoning district. The property is not within a lawful mobile home
park or travel trailer park. No land use permit authorized the property to operate as a recreational vehicle park or campground.
3. Contra Costa County Ordinance Code section 84-68.1402 prohibits a recreational vehicle or travel trailer from being located,
maintained, or used for human habitation in an R-B zoning district unless the recreational vehicle or travel trailer is located in a
lawful recreational vehicle park or campground allowed by a land use permit.
4. Contra Costa County Ordinance Code section 84-68.1404 prohibits the storage of mobile homes, recreational vehicles, travel
trailers, vessels, or vessel trailers if they are being used for living or sleeping purposes.
5. California Health and Safety Code section 18871(c) prohibits the occupancy of recreational vehicles and trailers in an unsafe
unsanitary condition or that is structurally unsound and does not protect its occupants against elements, which may be enforced by
the County pursuant to Health and Safety Code section 18865(f).
6. Contra Costa County Ordinance Code section 72-6.202 prohibits the performance of any work regulated by Title 7 of the County
Ordinance Code, without the necessary permits from the county building official.
7. Contra Costa County Ordinance Code sections 72-6.202 and 76-2.002 prohibit making connections from a utility, source of energy,
fuel, or power to any building or system for which a permit is required until approved by the building official.
8. Contra Costa County Ordinance Code section 76-4.602 prohibits connecting a source of electrical energy or supplying electric
service, to any electrical equipment for which a permit is required without first obtaining a county building official's written
authorization.
9. Contra Costa County Ordinance Code section 76-4.608(a) requires all occupancies that have commercially supplied electricity to
connect to the commercial supplier. Section 76-4.608(b) prohibits any occupancy that has commercially supplied electricity from
using a permanent or temporary generator, except when authorized by the county building official.
10. Contra Costa County Ordinance Code section 82-2.020 requires water supplies and sewage systems that comply with the County's
health and safety requirements and have obtained the health officer's approval.
11. Contra Costa County Ordinance Code section 88-4.402 prohibits the establishment or maintenance of an unpermitted junkyard, and
Contra Costa County Ordinance Code section 720-2.006 prohibits the maintenance of residential property in a nuisance condition
by keeping boats, trailers, vehicle parts or other articles of personal property in a state of partial construction or repair for an
unreasonable period of time.
12. Code enforcement involvement at the subject property dates back to 2007. (See Attachment A for the chronology of events and site
inspections at the property.) Following several years of working with the then-property owner to legalize the uses on the property,
including camping, occupied RVs, trailers, and boats, and the illegal storage of vehicles and boats, an increase in unpermitted
activity at the property prompted staff to take active code enforcement actions to remedy the violations.
13. County staff inspected the subject property on February 7, 2019. County staff observed; trailers, recreational vehicles, and boats
being used for human habitation; several of the occupied trailers, RVs, boats were connected to electric, water, and sewage utilities
without required permits; the remaining occupied trailers, RVs and boats were not connected to any utilities; unpermitted junkyard
conditions on the subject property, including the storage of trailers, recreational vehicles, and boats, and the accumulation of tires,
batteries, car parts, construction equipment, junk garbage, and debris.
14. Re-inspections of the property on February 11, 2019; February 27, 2019; April 1, 2019; April 25, 2019; May 28, 2019; July 3,
2019; and June 29, 2020, showed that the conditions continued on the property.
15. Following a report of a fire at the property, County staff inspected the property on December 29, 2020. Staff observed that the
above-described conditions continued at the property, and that the number of occupied RVs and the travel trailers had increased.
Staff also observed that a boat at the property's southernmost dock and the gangway to the dock had caught fire, and that the boat
had sunk and spilled oil and gasoline into the Delta waterway. Staff observed that the electrical system running electricity to this
dock had burned, and that the persons occupying boats at this dock had installed an electrical system consisting of extension cords
from another dock to maintain power. The electrical system for service from the other dock was extended without permits and was
non-compliant as it spanned the water with exposed connections over the water. Following the inspection, staff determined to
commence abatement proceedings to remedy the conditions.
16. County staff prepared, posted, and served a Notice and Order to Abate on June 16, 2021. However, staff did not proceed with
abatement due to discussions with the property owner and potential buyer, as the buyer proposed to remedy the violations
voluntarily. The proposed property sale did not occur.
17. Following a site inspection on July 19, 2022, by which staff confirmed the above-described conditions at the property persisted,
County staff reissued the Notice and Order to Abate on July 28, 2022. The appellants' representative filed an appeal on August 5,
2022.
18. Staff conducted a site inspection on October 17, 2022, and observed and was informed by occupants that commercial electricity had
been disconnected from the property. Staff observed RVs, travel trailers, and boats still occupied on the property, now being served
by generators due to the lack of electricity. Staff observed evidence and was informed by occupants that several RVs and trailers had
fire damage due to the improper use of and connection to generators. Staff also observed and was informed by occupants that due to
the lack of electricity, the water well pump on the property was not operating and there was no domestic water available for the
occupants on the property.
19. Staff conducted a site inspection on March 13, 2023, and observed a significant deterioration of conditions at the property. Staff
observed that occupants of the Rvs, trailers, and boats were still without a domestic water supply. Staff also observed that several
occupied RVs and trailers were connected to the property's sewer connections without required permits, but the remaining occupied
RVs and trailers were dumping raw sewage and wastewater directly onto the ground. Staff also observed that the sewer connection
from the property's docks to the land has been disconnected and was draining into the Delta waterway. County staff observed each
of the following:
a. All trailers, recreational vehicles, and boats located on the subject property are being used for human habitation without the
necessary permits or authorizations constitute violations of Sections 84-68.1402 and 84-68.1404 of the Contra Costa County
Ordinance Code.
b. All trailers, recreational vehicles, and boats located on the subject property that are being used for human habitation are in
an unsafe and unsanitary condition, including inadequate sanitation, lack of running water, lack of adequate heating, lack of
electrical lighting, lack of connection to a sewage disposal system, lack of garbage removal services, nonconforming
electrical wiring, lack of domestic water supply services, faulty weather protection, and there is an accumulation of junk,
garbage, and debris, in violation of Section 84-68.1402 of the Contra Costa County Ordinance Code and California Health
and Safety Code, Sections 18865(f) and 18771(c).
c. The electrical system consisting of generators and extension cords used to provide power to the various occupancies located
on the subject property was installed without the necessary permits, does not use commercially supplied electricity, and is in
use without authorization from the County building official, in violation of Sections 72-6.202, 76-2.002, 76-4.602 and
76-4.608 of the Contra Costa County Ordinance Code.
d. Domestic water supply service and sewage systems were not present to serve the occupancies located on the subject
property in violation of Section 82-2.020 of the Contra Costa County Ordinance Code.
e. There were unpermitted junkyard conditions on the subject property, including the storage of trailers, recreational vehicles,
and boats, and the accumulation of tires, batteries, car parts, construction equipment, junk, garbage, and debris, in violation
of Sections 88-4.402 and 720-2.006 of the Contra Costa County Ordinance Code.
20. Staff reviewed County files related to the above-referenced property and confirmed that no land use permit had been issued to allow
recreational vehicle park or campground on the property, that no building permit had been issued for the installation of the electrical
system, and that no approval had been granted for a domestic water supply or sewage system to serve the occupancies.
21. Based on the deteriorated conditions at the property, staff determined to reissue an updated Notice and Order to Abate. Prior to
issuing the updated Notice and Order to Abate, staff sent a withdrawal letter to the property owner and the appellants' representative,
withdrawing the previous Notice and Order to Abate.
22. Re-inspections of the property on April 5, 2023 and April 6, 2023, showed that the property continued to be in violation of Contra
Costa County Ordinance Code, sections 84-68.1402, 84-68.1404, 72-6.202, 76-2.002, 76-4.602, 76-4.608, 82-2.020, 88-4.402, and
720-2.006 and California Health and Safety Code sections 18865(f) and 18771(c).
23. A new Notice and Order to Abate was served on the property owner by certified and regular mail on April 6, 2023, and posted on
the above-referenced property on April 6, 2023.
24. On April 16, 2023, a representative of two persons living at the property, Kimberly Y. Perez and Robert Freeze (appellants), filed
an appeal of the Notice and Order to Abate.
25. On April 27, 2023, the Clerk of the Board sent the appellants and the appellants' representative a notice of the appeal hearing. The
notice was also posted at the property. The notice gave the appellants notice of the date, time and location of the appeal hearing.
26. The appeal contends that the conditions at the property do not constitute a nuisance. The chronology of events, photographic
evidence and description of observations by County staff (attached) demonstrate that the conditions on the property violate the
County Ordinance Code and State law. Additionally, the Sheriff's Office has responded to numerous complaints of criminal and
non-criminal activity at the property. (See attached Sheriff Call for Service Log to the property.) And the Contra Costa County Fire
Protection District has responded to reports of fires at the property. Evidence of fire damage can still be observed on the property
today and contributes to the unsafe conditions on the property. On April 26, 2023, County staff received a notice from the Contra
Costa County Fire Protection District of additional Fire Code violations at the property, confirming County staff's observations.
(See attached CCCFPD Violation Notice and accompanying pictures.) Collectively, the unsanitary and unsafe living conditions,
criminal activity, and fires on the property represent a significant threat to the health and safety of the occupants of the property and
the surrounding community.
27. The appeal also contends that the property owners received emergency rental assistance from the State for tenants on the property,
including the appellants. Even if verified, such assistance does not preclude the County from abating the code violations on the
property.
In response to the COVID-19 epidemic, the federal government established an emergency rental assistance program through the
Consolidated Appropriations Act and the American Rescue Plan Act and made funds available for rental and utility assistance. The
State established a statewide coordinating Emergency Rental Assistance Program ("ERAP"), which allocated the federal funds to
participating cities and counties. Contra Costa County participated in the State's ERAP to assist County residents, landlords, and
utility providers.
Both federal and State programs included tenant protections, but those protections were limited and did not prohibit code
enforcement by a local land use agency. The federal statues authorizing the assistance authorizing the assistance program required
the recipients of federal assistance funds, such as the State, to prohibit landlords from evicting tenants from nonpayment of rent with
respect to the period covered by the assistance. The U.S. Treasury, in implementation of the program encouraged recipients to
extend the prohibition of landlord evictions for up to 90 days following the period covered by rental assistance. In conjunction with
the State ERAP, and to meet these federal program requirements, California passed several legislative bills (SB 91, AB 832, and
AB2179) providing certain tenant protections from landlord evictions based on unpaid rent due to impacts from the COVID-19
epidemic.
The State program has concluded, and all available funds have been distributed. Applications for assistance were no longer accepted
as of March 30, 2022. Similarly, the State COVID-19 eviction restrictions expired June 30, 2022. Neither the federal nor State
regulations providing for rental assistance prevent the County from exercising its authority to enforce violations of its ordinance
code, particularly those related to health and safety. Indeed, the tenant protections from landlord evictions do not prevent the
County's enforcement of State and County health and safety standards or the County's building code. In any event, the ERAP and
associated tenant protections have expired and are no longer in effect. Accordingly, any assertion of tenant protections by the
appellants is a civil matter between the appellants and the property owner.
28. The appeal also contends that electric services at the property "were terminated at the initiative and direction of the County." This
assertion is false and without any factual basis. The County does not provide electrical services to the property, and the County had
no involvement in the termination of electrical power to the property. Although not directly stated, the implication of appellants'
contention is that the County is somehow responsible for the code violations on the property related to the lack of electrical power.
This argument is without merit and lacks any factual basis. The property owner, not the County, is responsible for the code
violations and the property related to the lack of electrical power.
29. The appeal also contends that "appropriate measures have not been undertaken to investigate or ensure compliance with the
Americans with Disabilities Act and other statutes." Neither federal nor State law prohibits the County from abating the type of code
violations present on the subject property, and the County is not required to accommodate the violations through non-enforcement.
The federal Americans with Disabilities Act, Fair Housing Act, and Rehabilitation Act of 1973, and the California Fair Employment
and Housing Act ("FEHA") (collectively, "the Acts") prohibit discrimination on the basis of disability. Discrimination under the
Acts include intentional discrimination (disparate treatment), disparate impact discrimination, and failure to make a reasonable
accommodation. Each Act, and case law interpreting and applying that Act, defines what constitutes unlawful discrimination under
the Act. The FEHA specifically states that it does not affect the nondiscriminatory enforcement of state and local public nuisance
laws that do not otherwise conflict with FEHA.
The appellants do not allege intentional discrimination. In fact, staff have not been made aware of any alleged disability except as
generally referenced in the appeal letters. The appellants also do not allege that the proposed actions present a disparate impact.
Disparate impacts occur when outwardly neutral practices result in significantly adverse or disproportionate impacts on persons with
a disability. Here, the enforcement of zoning regulations and health and safety standards apply to all properties and persons equally.
In particular, the code requirements related to electrical connections, water supply, sewer services, and safe and sanitary living
conditions must be applied to all occupancies to preserve public health and safety. Additionally, there is no evidence that the
prohibition on human habitation of trailers, RVs, and boats except as legally permitted or the prohibition on junkyard conditions
disproportionately impact persons with disabilities. Thus, the Acts do not prohibit the County from abating the type of code
violations present on the property.
The appellants also have not requested an accommodation under the Acts. Each of the Acts articulate an opportunity to seek
reasonable accommodations from zoning and regulations affecting housing. Under the Acts, a local agency may not refuse to make
reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a
disabled person equal opportunity to use and enjoy a dwelling. The requested accommodation must be reasonable and necessary to
provide the disabled person an equal opportunity to enjoy the housing of their choice. A requested accommodation is not required if
it would pose a direct threat to the health or safety of other individuals or result in substantial physical damage to the property of
others.
A request for accommodation has not been made to staff. But even if a request had been submitted, the violations persisting on the
subject property are not those that could be reasonably accommodated. Enforcing health and safety standards, including code
compliant utility connections and safe and sanitary living conditions, is eminently reasonable. Non-enforcement of such standards
would fundamentally alter the County's purpose in public protection and ensuring safe occupancies. In addition to posing health and
safety risks to the individuals living on site, the violations pose significant health and safety risks to the residents and occupants of
surrounding properties. Staff is aware of past fires occurring on the property as a result of the nonconforming wiring and
unpermitted electrical systems used to support the ongoing habitation of RVs, boats and trailers at the site and the persisting code
violation poses a continued fire risk on the subject property and to the surrounding community. Additionally, the lack of domestic
water supply service and sewage systems to the property have resulted in the improper disposal of waste on-site presenting
significant health and safety risks to the entire community. For these and other reasons, allowing any of the existing code violations
to continue is not a reasonable accommodation required by the Acts.
30. Contra Costa Health's CORE (Coordinated Outreach Referral, Engagement) team has made site visits to the property on March 3rd,
March 8th, March 13th, March 16th, March 27th, April 11th, April 25th, and May 2nd to offer temporary housing assistance and
other forms of assistance to occupants of the property. Of the 20-30 individuals estimated to be currently occupying the property, 22
individuals have received some form of assistance from the CORE team. These services include emergency supplies and meals,
shelter placement, mobile health care services, housing referrals, and substance abuse treatment referrals. Efforts are ongoing to
place interested individuals in temporary housing arrangements. Shelter beds are available to all occupants of the property who
express interest, and additional support services are available to assist in the transition to more permanent housing.
CHILDREN'S IMPACT STATEMENT:

N/A
ATTACHMENTS
Notice and Order to Abate, dated April 6, 2023
Appeal of Notice and Order to Abate, dated April 16, 2023
Attachment A - Chronology of Events
Exhibit A - Pictures of the property conditions
SO Call for Service Log, 1970 Taylor Road (2022 to 4.26.2023)
CCCFPD Violation Notice, dated April 26, 2023, and accompanying pictures
Exhibit A – Property Location

Exhibit A – Property Overview

Exhibit A – Photos: February 7, 2019

Exhibit A – Photos: April 25, 2019

Exhibit A – Photos: May 28, 2019

Exhibit A – Photos: June 29, 2020

Exhibit A – Photos: Dec 29, 2020

Exhibit A – Photos: Dec 29, 2020

Exhibit A – Photos: Sept 13, 2021

Exhibit A – Photos: Oct 17, 2022

Exhibit A – Photos: Oct 17, 2022

Exhibit A – Photos: March 13, 2023














Chronology of Events for Anchor Marina
Site Address: 1970 Taylor Road, Bethel Island

APNs: 028-140-003 and 028-140-004
Owner: BI Properties Inc.
REF: BIRF07-00740 and BIRF07-00739
The following chronology of events documents the code violations observed by County
Staff culminating in the Notice and Order to Abate.
Code enforcement activities related to the subject property began in 2007 following the
revocation of Land Use Permit 2013-91, due to non-compliance with the terms and
conditions of the permit. LUP 2013-91 had permitted certain marina facilities and not
more than 5 camp sites with utility hookups for tents, recreational vehicles, travel trailers,
or other vehicles for occupancy not to exceed 21 consecutive days. No other overnight
camping was permitted under LUP 2013-91, except in the 5 designated camp sites. LUP
2013-91 also restricted the storage of trailers, recreational vehicles, travel trailers, and
boats. Following revocation of LUP 2013-91, County staff worked with the applicant
over several years to correct the non-compliance and reestablish the permit. However, a
new land use permit was never issued and the unpermitted uses, including camping,
occupied RVs, trailers, and boats, and the illegal storage of vehicles and boats, persisted
on the property. Code enforcement activities resumed in 2018 following an increase in
stored and occupied recreational vehicles, trailers, and boats on the property.
November 14, 2018: Site inspection. Staff observed stored and occupied recreational
vehicles, trailers and boats on the property. Staff also observed electrical, water, and
sewer utilities installed without required permits to service the occupied recreational
vehicles and trailers. Staff also observed an accumulation of tires, batteries, car parts,
construction equipment, trash, and debris. Staff issued a Notice to Comply on November
16, 2018.
November 28, 2018: Site visit to follow up on Notice to Comply. All violations still
present, and additional recreational vehicle and trailer occupancies have been added.
December 5, 2018: Follow up site visit. All violations still present. Prepared, posted,
and served a Notice of Intent to Record a Notice of Pending Nuisance Abatement
Proceeding.
February 7, 2019: New code enforcement officer assigned. Site inspection. Staff
observed occupied recreational vehicles, travel trailers, and boats on site connected to the
property water, sewer, and electric utilities. Staff also observed several occupied RVs
and trailers that were not connected to the utilities. Staff confirmed that no permits had
issued for electrical or utility connections for RVs or trailers. Staff also observed RVs,
travel trailers, boat trailers, and boats stored on the property. Staff also observed
accumulated trash, salvage vehicle parts, and salvage boat parts throughout the property.
See photos dated February 7, 2019 in exhibit A.
February 11, 2019: Follow up site visit. All violations still present.
February 27, 2019: Follow up site visit. All violations still present.
April 1, 2019: Site visit to meet with property owner to review violations. All violations
still present.
April 25, 2019: Follow up site visit. All violations still present. Staff also observed
unpermitted and non-compliant electrical system on the docks. See photos dated April
25, 2019 in exhibit A. Prepared, posted and served Administrative Penalty Notice of
Violation.
May 28, 2019: Follow up site inspection. All violations still present. Staff confirmed no
use permit for RV/trailer park or building permit for electrical systems or permits for
utility connections. See photos dated May 28, 2019 in exhibit A.
July 3, 2019: Follow up site visit. Prepared, posted, and served Administrative Penalty
Notice of Fine.
July 18, 2019: Property owner filed an appeal of the Notice of Fine was filed on behalf of
the property owners by the property owner’s attorney. The appeal hearing was
scheduled.
January 21, 2020: Meeting with the property owner and their representative and County
staff. Discussed current state of violations, Notice of Fine, and appeal. Property owner
expressed intent to remove the violations and submit land use permit application.
June 29, 2020: Site inspection to check progress. All violations still present. See photos
dated June 29, 2020 in exhibit A.
Appeal hearing on Notice of Fine postponed due to COVID-19 pandemic.
December 29, 2020: Site inspection in response to report from fire protection district that
a fire had occurred at the property. Staff observed that a boat at the property’s
southernmost dock and the gangway to the dock had caught fire. Staff observed that the
boat had sunk and spilled oil and gasoline into the Delta waterway. The gangway had
burned and there was no longer access to the property’s dock from the land. Staff
observed that the electrical system running electricity this dock had burned. Staff
observed that persons occupying boats at this dock had installed an electrical system
consisting of extension cords from another dock to maintain power. The electrical
system for service from the other dock was extended without permits and was non-
compliant as it spanned the water with exposed connections over the water. Staff also
observed an increase in RVs and travel trailers being used for human habitation; now
approximately 33 on the property. Staff also observed new unpermitted electrical panels
for connection to the occupied RVs and travel trailers. See photos dated December 29,
2020 in Exhibit A
Staff determined that the extent of the violations at the property warranted abatement
rather than an administrative fine.
June 16, 2021: Prepared, posted, and served Notice and Order to Abate. Staff included a
letter explaining the change in enforcement action from administrative fine to abatement.
June 24, 2021: A representative of the property owner filed an appeal of the Notice and
Order to Abate.
September 13, 2021: Site visit to meet with property owner to review violations and
appeal. Staff observed that the water well system serving the property had been damaged
and was not working properly, and that unpermitted and hazardous electrical work had
been done to repair the well pump system. See photos dated September 13, 2021 in
Exhibit A.
October 14, 2021: The property owner’s representative withdrew the appeal of the
Notice and Order to Abate. However, abatement did not proceed due to discussions with
property owner and potential buyer; buyer proposed to remedy the violations voluntarily.
The proposed property sale did not occur.
July 19, 2022: Site inspection. All violations still present. Staff determined to reissue the
Notice and Order to Abate.
July 28, 2022: Prepared, posted, and served Notice and Order to Abate.
August 5, 2022: A representative of two persons living at the property, Kimberly Y.
Perez and Robert Freeze, filed an appeal of the Notice and Order to Abate.
October 17, 2022: Site inspection to check conditions. All violations still present. Staff
also observed and was informed by occupants that the commercial electricity had been
disconnected from the property. Staff observed RVs, travel trailers, and boats still
occupied on the property. Staff observed occupants using generators to power occupied
RVs, trailers, and boats. Staff observed evidence and was informed by occupants that
several RVs and trailers had fire damage due to improper use of and connection to
generators. Staff observed and was informed by occupants that, due to the lack of
electricity, the water well pump on the property was not operating and there was no
domestic water available for the occupants on the property. Staff observed and was
informed by occupants that there is no garbage service at the property and the northwest
side of the property is being used to dump trash and other refuse. See photos dated
October 17, 2022 in exhibit A.
March 13, 2023: Site Inspection. All violations still present. Staff observed occupied
RVs, trailers, and boats operated with generators as the only source of electricity. Staff
observed trash and garbage piling up throughout the property. Staff observed that the fire
damaged RVs and trailers had not been removed. Staff observed several sunken boats
around the property’s docks. Staff observed that damaged docks and gangways are in
hazardous conditions with holes covered with old wood pieces to prevent falling through.
Staff observed that a section of the property’s docks is being used to dismantle boat
engines and parts, with junk and trash left on the docks, and fuel and oil leaking into the
Delta waterway. Staff observed that the sewer connection from the property’s docks to
the land has been disconnected and is draining into the Delta waterway. Staff observed
and was informed by occupants that, due to the lack of electricity, a generator was
connected to the well water system, but that the improperly used and connected generator
had damaged the well pump. Staff observed several occupied RVs and trailers connected
to property sewer connections without required permits, but the remaining occupied RVs
and trailers are dumping raw sewage and wastewater directly onto the ground. Staff
observed that the northwest portion of the property is being used to dismantle vehicles
and dump the salvage materials, and is being use to dump trash and other refuse. In
summary, staff observed the following:
1. Trailers, recreational vehicles, and boats located on the subject property are being
used for human habitation without the necessary permits or authorizations in
violation of Sections 84-68.1402 and 84-68.1404 of the Contra Costa County
Ordinance Code.
2. Trailers, recreational vehicles, and boats located on the subject property that are
being used for human habitation are in an unsafe and unsanitary condition,
including inadequate sanitation, lack of running hot water, lack of adequate
heating, lack of electrical lighting, lack of connection to a sewage disposal
system, lack of garbage removal services, nonconforming electrical wiring, lack
of domestic water supply services, faulty weather protection, and there is an
accumulation of junk, garbage, and debris, in violation of Section 84-68.1402 of
the Contra Costa County Ordinance Code and California Health and Safety Code,
Sections 18865(f) and 18771(c).
3. The electrical system consisting of generators and extension cords used to provide
power to the various occupancies located on the subject property was installed
without the necessary permits, does not use commercially supplied electricity, and
is in use without authorization from the County building official, in violation of
Sections 72-6.202, 76-2.002, 76-4.602, and 76-4.608 of the Contra Costa County
Ordinance Code.
4. Domestic water supply service and sewage systems were not present to serve the
occupancies located on the subject property in violation of Section 82-2.020 of
the Contra Costa County Ordinance Code.
5. There are unpermitted junkyard conditions on the subject property, including the
storage of trailers, recreational vehicles, and boats, and the accumulation of tires,
batteries, car parts, construction equipment, junk, garbage, and debris, in violation
of Sections 88-4.402 and 720-2.006 of the Contra Costa County Ordinance Code.
See photos dated March 13, 2023 in exhibit A. Contra Costa County CORE
(Coordinated Outreach Referral, Engagement) team personnel were on site offering
services to the persons living at the property. Based on the deteriorated conditions at the
property, staff determined to reissue an updated Notice and Order to Abate.
March 30, 2023: Staff sent a withdrawal letter to the property owner and the appellants’
representative, withdrawing the previous Notice and Order to Abate.
April 5, 2023: Site inspection. Staff confirmed that all violations observed on March 13,
2023 still present. Staff observed that some of the trailers now utilizing water tanks due
to inoperable well pump. Staff observed that several of the occupied RVs and trailers are
not connected to any sewer system and are dumping raw sewage on the ground. Staff
confirmed with a PG&E representative that there is no commercial electricity service to
the property. See photos dated April 5, 2023 in exhibit A.
April 6, 2023: Site visit. Staff confirmed that all violations observed on March 13, 2023
still present. See photos dated April 6, 2023 in exhibit A. Prepared, posted, and served
Notice and Order to Abate.
April 17, 2023: A representative of two persons living at the property, Kimberly Y.
Perez and Robert Freeze, filed an appeal of the Notice and Order to Abate.
Attached: Exhibit A - Photos

David O. Livingston, Sheriff

Calls For Service
1970 Taylor Rd, Bethel Island
1/1/2022 - 04/26/2023
Call Number Received Date Time Primary Unit Location
ANIMAL SERVICES SUPP
F221730027 06/22/2022 124827 ASSUPP 31Y30 1970 TAYLOR RD, BIS
CIVIL
P220410427 02/10/2022 121745 1734 1X31 1970 TAYLOR RD, BIS
P222700603 09/27/2022 151122 1734 1Y33 1970 TAYLOR RD, BIS
P222760449 10/03/2022 130415 1734 1E11 1970 TAYLOR RD, BIS
DISTURBING THE PEACE

P220180706 01/18/2022 180336 415 1Y33 1970 TAYLOR RD, BIS
LITTER
P221710413 06/20/2022 124508 374 1X33 1970 TAYLOR RD, BIS
MEDICAL HOSPITAL
P221080954 04/18/2022 231415 1730 1Z31 1970 TAYLOR RD, BIS
P230331134 02/02/2023 235659 1730 1Z33 1970 TAYLOR RD, BIS
OTHER FELONY
P230530874 02/22/2023 193455 1700 1Y33 1970 TAYLOR RD, BIS
OTHER NON CRIMINAL

P220570360 02/26/2022 130622 1736 1X33 1970 TAYLOR RD, BIS
4/27/2023 Page 1 of 4
Case 4:23-cv-02594-JST Calls For39-14
Document Service
Filed 06/15/23 Page 45 of 56

1/1/2022 - 04/26/2023
P222730279 09/30/2022 103748 1736 1X32 1970 TAYLOR RD, BIS
OUT INVESTIGATE
P221760475 06/25/2022 143926 C6 1D31 1970 TAYLOR RD, BIS
P222530357 09/10/2022 122705 C6 1D33 1970 TAYLOR RD. #18, BIS
OUTSIDE ASSIST CHP

P230680170 03/09/2023 082050 1738C 1X32 1970 TAYLOR RD, BIS
PARKER
P221860597 07/05/2022 142944 1712 1X33 1970 TAYLOR RD, BIS
PATROL REQUEST
P222210990 08/09/2022 210022 1702 1Y33 1970 TAYLOR RD, BIS
Probation Home Visit

P223530451 12/19/2022 132838 PHV 28P20 1970 TAYLOR RD, BIS
PROM SHOOT
P221401002 05/20/2022 231910 PROM 1Y34 1970 TAYLOR RD, BIS
SERVICE TO CITIZEN
P220100324 01/10/2022 114950 1744 1X33 1970 TAYLOR RD, BIS
P221280204 05/08/2022 095002 1744 MAR1 1970 TAYLOR RD, BIS
P221390439 05/19/2022 121516 1744 MHT1 1970 TAYLOR RD, BIS
P221600876 06/09/2022 212234 STC 1Y34 1970 TAYLOR RD, BIS
P222370234 08/25/2022 091017 1744 1X33 1970 TAYLOR RD, BIS
P222810438 10/08/2022 143953 1744 1X31 1970 TAYLOR RD, BIS
P230690431 03/10/2023 121215 1744 1X32 1970 TAYLOR RD, BIS
STRAY-PATROL LOOSE
4/27/2023 Page 2 of 4
Document Service
Filed 06/15/23 Page 46 of 56

1/1/2022 - 04/26/2023
F221380020 05/18/2022 120039 ASSPA 31X30 1970 TAYLOR RD, BIS
SUPPLEMENTAL REPORT
P222210842 08/09/2022 181013 1739 1Y33 1970 TAYLOR RD, BIS
P222700187 09/27/2022 090027 1739 1X33 1970 TAYLOR RD, BIS
SUSP CIRCUMSTANCES
P221720467 06/21/2022 122605 1732 1X33 1970 TAYLOR RD, BIS
P221930125 07/12/2022 054524 1732 1Z33 1970 TAYLOR RD, BIS
SUSP PERSON STOP

P221400772 05/20/2022 181754 1719 1Y34 1970 TAYLOR RD, BIS
SUSPICIOUS CIRCUMSTANCE
P230390254 02/08/2023 100303 SCIRC 1X33 1970 TAYLOR RD, BIS
TOW
P221090468 04/19/2022 125010 1718 CSO32 1970 TAYLOR RD, BIS
TRESPASS
P220390903 02/08/2022 203239 602 1Y33 1970 TAYLOR RD, BIS
P220600692 03/01/2022 170259 602 1Y33 1970 TAYLOR RD, BIS
UNWANTED GUEST
P222300947 08/18/2022 182537 415UG 1Y33 1970 TAYLOR RD, BIS
VANDALISM
P222340671 08/22/2022 162617 594 1Y33 1970 TAYLOR RD, BIS
P222370458 08/25/2022 124233 594 1X33 1970 TAYLOR RD, BIS
P222410474 08/29/2022 135148 594 1X31 1970 TAYLOR RD, BIS
VERBAL DISPUTE
4/27/2023 Page 3 of 4
Document Service
Filed 06/15/23 Page 47 of 56

1/1/2022 - 04/26/2023
P220120335 01/12/2022 122953 415V 1X32 1970 TAYLOR RD, BIS
VIOLATION DOM VIOL ORDER

P223400864 12/06/2022 204226 2736 1Y34 1970 TAYLOR RD, BIS
P231000330 04/10/2023 105128 2736 1X31 1970 TAYLOR RD, BIS
VIOLATION RESTRAINING ORD

P222780498 10/05/2022 132513 1664 1X33 1970 TAYLOR RD, BIS
P222800312 10/07/2022 102713 1664 1X33 1970 TAYLOR RD, BIS
P223190798 11/15/2022 200434 1664 1Y33 1970 TAYLOR RD, BIS
P223420424 12/08/2022 114006 1664 1X33 1970 TAYLOR RD, BIS
TOTAL CALLS FOR SERVICE 48
4/27/2023 Page 4 of 4

EXHIBIT O

EXHIBIT P

EXHIBIT Q

EXHIBIT R

Conrad Fromme Declaration

Uploaded by

Copyright:

Available Formats

You might also like

Conrad Fromme Declaration

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Conrad Fromme Declaration

Uploaded by

Copyright:

Available Formats

DocuSign Envelope ID: 366D07D9-9EBA-4CCC-A845-D5D35207F540

Case 4:23-cv-02594-JST Document 39 Filed 06/15/23 Page 1 of 9

1 THOMAS L. GEIGER (SBN 199729)

11 UNITED STATES DISTRICT COURT

15 Plaintiffs, DECLARATION OF CONRAD FROMME

25 I, Conrad Fromme, declare:

27 following matters, which are of my own personal knowledge.

1 2. I am a Senior Building Inspector and Code Enforcement Officer employed by

RE: Dawn Samaniego, et al. v. County of Contra Costa, et al.

(Ords. 88-88 § 2; 70-36 § 1: prior code § 1203).

Article 14-6.4. Uniform Public Nuisances Abatement Procedure

14-6.402 - Uniform procedure.

(Ord. 88-88 § 2).

(Ord. 88-88 § 2).

14-6.406 - Summary abatement.

(Ord. 88-88 § 2).

14-6.410 - Nuisance declared.

"NOTICE AND ORDER TO ABATE

Clerk of the Board of Supervisors

ISSUANCE DATE: ________

(Ord. 88-88 § 2).

14-6.416 - Appeal procedure.

14-6.418 - Hearing procedure.

14-6.422 - Time for compliance.

(Ord. 88-88 § 2).

14-6.424 - Judicial review.

(Ords. 2007-18 § 8, 88-88 § 2).

14-6.426 - Abatement by county.

14-6.428 - Report and notice of hearing.

14-6.430 - Hearing on report.

(Ord. 88-88 § 2).

14-6.432 - Cost as special assessment and lien.

(Ord. 88-88 § 2).

14-6.434 - Notice of assessment and abatement lien.

"NOTICE OF ASSESSMENT AND

1. RECORD OWNER(S): _____

2. POSSESSOR(S) (if different from owner): _____

3. DATE ABATEMENT ORDERED: _____

4. DATE ABATEMENT COMPLETED: _____

Dated: _____ Contra Costa County

County Abatement Officer"

14-6.436 - Manner of collection—Law applicable.

(Ord. 88-88 § 2).

14-6.438 - Release and subordination.

(Ord. 88-88 § 2).

(Ord. 88-88 § 2).

Article 14-6.6. Treble Abatement Cost for Repeat Public Nuisances

RE: Dawn Samaniego, et al. v. County of Contra Costa, et al.

RE: Dawn Samaniego, et al. v. County of Contra Costa, et al.

RE: Dawn Samaniego, et al. v. County of Contra Costa, et al.

RE: Dawn Samaniego, et al. v. County of Contra Costa, et al.

RE: Dawn Samaniego, et al. v. County of Contra Costa, et al.

HEALTH AND SAFETY CODE - HSC

HEALTH AND SAFETY CODE - HSC

RE: Dawn Samaniego, et al. v. County of Contra Costa, et al.

(Ord. 2007-54 § 2).

RE: Dawn Samaniego, et al. v. County of Contra Costa, et al.