Can we help a man save his property?

My Neighbor | 7/20/3 | Varmint Al

[Varmint Al]

A California man is about to lose his property. Help.

Here is Mr. Avery's letter grasping for straws in a flood of overpowering big government. The property is in a flood plane on Bethel Island, CA, but no one lives there. They want to tear down his trailer because it might flood. How can this type of oppressive government be stopped?. Can Mr. Avery be helped? Here is Mr. Avery's cry for help. His property is directly across the street from me and I am merely trying to help. What can be done?

Good Hunting... from Varmint Al

To Whom It May Concern:

HELP!!! My name is Preston Avery. I am a 74 year old disabled person. I am a diabetic and blind in one eye. I have had heart by-pass surgery. I have had a hip replacement. I have prostate cancer which has been treated with radiation and has left me with side effects.

However, my worst problem is with Contra Costa County Building Department. I bought approximately 72 acres on Bethel Island 29 years ago. Presently I am using this property for pasture. I have cows, goats and sheep there. I have three buildings on the property: 2 barns and 1 manufactured mobile home which I use for storage, shop and rest area when my workers and I work on the ranch.

I have had some sort of unit (self contained travel trailer, etc.) on the property since shortly after purchasing the property. In June 1984, I applied for permits for sewer, water, PG&E, electric which were granted (*see enclosed). I was told the unit I had on the property at that time did not meet the size code to be permitted (less than 400 square feet).

In 1991 1 purchased a larger unit and applied for permits for a care takers unit and the permit was granted (see enclosed). Due to circumstances beyond my control the unit was never occupied as a care takers unit. But it has been used as a farm building as noted above .

The county has declared the unit a public nuisance because they said it is being used for human habitation (which is not true) and is in the flood plain according to FEMA.

I have exhausted all avenues with the county and they said their decision is set in concrete. They have let contracts to demolish my unit (see enclosed information).

Any help you can give me in this matter would be greatly appreciated. If I am not allowed to keep this building on my property, my entire operation will be in jeopardy. For more information or questions please call me at 408-252-3706.

Sincerely,

Preston Avery
10315 Moretti Drive
Cupertino, CA 95014

*Enclosed not yet available here. A large number of documents.

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I talked with Preston Avery and he told me that there was nothing that the Supervisor of the 5th Contra Costa County, CA could do. His hands were tied.

No wonder people are leaving California in droves. A man can't even keep his own property. Now, the property is going to be dismantled (with a bulldozer) and Mr. Avery will have to pay for the dismantling. To pour salt into the wound, last Wednesday, June 16, 2003, they sent him an additional letter. Mr. Avery must have the building tested for asbestos or else he will have to pay the cost of disposing the total weight as hazardous waste. Many $$$ involved.

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East County                         Contra         CarlosBaltodano
Building Inspection Office Costa             Director of Building Inspection

1191 Central Boulevard Suite C

Brentwood, California 94~3

(925) 427-8850                                                     County
Fax: (925) 427-8838
L ~

July 16, 2003
Preston and Lois Avery
10315 Morett Drive
Cupertino, Ca. 93014

SITE: 3010 Willow West Road, Bethel Island

APN: 029-010-017

REF: RF010599

 

Dear Mr. And Mrs. Avery,

I understand from Gary Hennis Asbestos Consultants (925) 673-1392 that you refused an appointment for an asbestos test. If~ no asbestos test is taken, we will handle the abatement of the mobile home as 100% asbestos. It will be disposed of at a hazardous waste facility at a per pound charge. The difference in cost will be charged to you. If you in any way restrict the abatement process citations may be issued and/or a warrant will be obtained at your expense.

I may be reached at (925) 427-8846 any workday between 7:30 and 10:00 a.m. I am off every other Friday.

Sincerely,
Terry Plys

Building Inspector I

Cc: Marc G.Hynes P.O. Box 279

Mountain View, Ca. 94042

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Preston and Lois Avery

10315 Morett Drive

Cupertino, Ca. 93014

SITE: 3010 Willow West Road, Bethel Island

APN: 029-010-017

REF: RF010599

Dear Mr. And Mrs. Avery,

I have sent out notices to bidders to obtain proposals for abating the above-mentioned site.

Within the next three weeks Contractors will be making a physical inspection of the property for bidding and assessment of the scope of work required. Your cooperation in this matter will be greatly appreciated.

I-rnay-be-reaehed-at-~{925) 427-8S46-most-workday~between 7:30 and 10:00 a.m. I am off every other Friday.

 

Thank you

Terry Plys

Building Inspector 1

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Here is the address of the Supervisor, 5th District:

Hon. Federal D. Glover
Supervisor, 5th District
Contra Costa County
651 Pine Street
Martinez, CA 94553-1229

Terry Plye, Building INspector 1
East County
Building Inspection Office
Contra Costa County
1191 Central Boulevard
Brentwood, CA 94513

Help!

[IncPen]

The bad guy's name is Federal

Man!

[JoeFromCA]

Aren't there a bunch of cabins, trailers, and other unpermitted housing on Bethel Island which the county has just ordered be demolished? If I'm not mistaken, this would just be one of a number of unpermitted housing units which have sprung up out there over the last few years.

Would need more facts to support this effort. Does the county contend that someone is living in the unit? What does a "rest area for me and my workers" mean? Has the owner ever spent the night in the trailer? Sounds like he has.

[vikingcelt]

Bethel Island!!! I grew up in Brentwood. My Father was the mayor of Brentwood when I was in high school. I'm afraid to EVER go back to Brentwood. The last time I was there (1995) it looked like one big paved over housing tract. What was once a great very small town is no more. And Bethel Island was a very cool place. No more I guess.

[Riley]

Bethel Island!!! I grew up in Brentwood. My Father was the mayor of Brentwood when I was in high school. I'm afraid to EVER go back to Brentwood. The last time I was there (1995) it looked like one big paved over housing tract. What was once a great very small town is no more. And Bethel Island was a very cool place. No more I guess.

Remember Lone Tree Way from Antioch to Oakley / Brentwood? I used to skydive at the old Antioch Airport. The whole place is a city now. A high school, a water park, shopping centers, office buildings and a million tract homes. I have my house up for sale right now and am probably heading to the east coast- cost of living is much better there. Moving within a month to Virginia or one of the Carolinas- haven't decided yet.

[Varmint Al]

Joe, No one is living in the trailer. In the last 10 years, Mr. Avery has probably only spent about a dozen nights there. It is merely a place where he can take a shower and rest for a while. The county claims, wrongly, that he lives there and he doesn't. I have already written a letter to that effect, but it didn't help.

[Coleus]

`

[TheBattman]

Varmint Al, as in from GGVG message board?

Good luck in this fight. I am afraid recent history, as well as the leftists in California are not on the side of justice in this case.

[Old Professer]

It was a good long ride, 74 years - wrap it up and go on to the other side.

[GummyIII]

Roanoke area of Virginia can't be beat for job opportunity and cost of living. What type of job are you going to seek?

[ISawIt]

God forbid you'de sleep on, and take a piss on,
your own property.

Wow. California raisin theory writ LARGE.

It's funny, I can buy a shirt at wal-mart, crap on it,
rip it, burn it, or worship it in a shrine like it's
the next coming (oo-la-tec... oo-la-tec...)...

But a piece of land, hell, what, I can't LIVE on it?

What bloody hell good IS IT, THEN?

Or perhaps I misunderstand, completely. Please inform
me of what I'm missing here (there's a lot).

[vikingcelt]

Of course I remember Lone Tree Way and the airport!!! There was very little along Lone Tree Way back in the "olden days". It would break my heart to ever see what is there now. I moved out of California last October (to the Oregon coast) and have not looked back. The quality of life is soooooooooooooooo much better here.

[Riley]

Roanoke area of Virginia can't be beat for job opportunity and cost of living. What type of job are you going to seek?

I am a computer support guy with some networking skills. I can go into virtually any business that has networked PCs to support. I'm familiar with Netware NOS environments and have some (rusty) Unix admin experience. Web development and web server administration, too.

I was also looking at the Westmoreland area, between Washington and Richmond, near the coast. Looks really nice. I am glad to hear that things are pretty good there. Where I am now, it is ruinously expensive and there are a quarter of a million computer folk out of work.

I am a raging history buff- American Revolution and Civil War, so I am really looking forward to getting out that way!

[farmfriend]

Rights, farms, environment ping.

Let me know if you wish to be added or removed from this list.

[Riley]

I moved out of California last October (to the Oregon coast) and have not looked back. The quality of life is soooooooooooooooo much better here.

I used to live near Crescent City, so I had occasion to visit the Oregon Coast frequently. Beautiful country, but no work for us computer geeks!

You wouldn't recognise Lone Tree. I remember hanging under my parachute canopy only able to see one house- the really old one with the brickwork and wrought-iron gate that was near the airport. It's still there, but it is lost in a sea of development.

[steelie]

I will be working on this tomarrow

Wish me luck
I'm a county planner from Sonoma County

And I'm not called honerable by anyone. and wouldn't want to be.

[College Repub]

I'm not sure on the tech jobs in the area but the cost of living in New Castle County, Delaware is VERY VERY VERY low. And it's not in the middle of nowhere. It's a suburban type area. 45 minutes from Baltimore and Philly. 2 hours from New York and DC. No sales tax anywhere in state. Apts/Food/Goods are all cheap. Property taxes can be high in some areas.

[Axenolith]

If he purchased a new portable building in 1991 then the building inspector is full of crap, it won't have any friable asbestos in it. Contra Costa BLOWS when it comes to regs. You've got to pay 300 bucks to hand auger one or more holes in the ground greater than 5 feet on a parcel and they send someone to watch you fill it in...

[Axenolith]

If you know where Apricot Way is you'd better get over there quick if you want to see it open 'cause about 50+ new homes are going up in that area...

[Axenolith]

(oo-la-tec... oo-la-tec...)

Now, you and Gnorl go to the Queens castle and steal the sacred Loc Nar...