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.

---

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.

---

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

---

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

---

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!

[Pontiac]

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

I don’t think you should get the title “Honorable” unless you are elected to office or a judge.

GOOD LUCK

[E.G.C.]

BTTT!!!!!!

[sergeantdave]

Not enough information here. Try the Mountain States Legal group. They might be able to file an injunction against the government goobers and give the owner time to mount a defense.

[JoeFromCA]

There's not a state in the union that lets a property owner build a dwelling unit without a permit. Sounds to me like that's the issue here (don't blame California!!)

[countrydummy]

I agree with Axenolith, and it sounds like to me that the county is threatening.....blackmailing, this man! You may very well wish to look up USCS 42, 1982 and 1983 that specifically spells out that no one, using color of law or intimidation of law can deny your (his) civil rights to own property! Go to find law or cornell law college.

[sasquatch]

I built a house in the flood plane of the Klamath River in Siskiyou County. The planning department has an expert that determines where the plane is at any given site. They only required that the habitible space be above the plane and that the foundation design resist scouring. A footing and 3 feet of concrete block fit the bill. They were very helpful.

[Cachelot]

Federal's homepage is so mindboggling as to leave me speechless, which is a highly unnatural phenomenon, on par with unrestrained poltergeist activity or UFO abductions. So I'll just let Federal speak for himself. Oh, and I'd keep an eye on his up-and-coming son Tederal.

About Federal

Federal Glover began his career in public service while attending Pittsburg High School where he served as Student Body President. He was appointed by the Governor to serve on the California Youth Commission. After attending San Francisco State University, Federal joined Dow Chemical Corporation and has worked there for nearly two decades.

Federal believes that you must give back to your community. In keeping with that belief, he served on the board of numerous civic and service organizations until ultimately, he won a seat on the Pittsburg City Council in 1995.

While on the Pittsburg City Council, Federal Glover worked to improve the stability of the community. Under his leadership the City purchased its own Power Company and negotiations were completed for the construction of the new City Hall and Fire Station #87. He also voted to increase funding for citywide neighborhood revitalization, and established "Mayor’s Forums" where he encouraged open dialogue between residents and city staff.

Mr. Glover has also invested in the youth, which he sees as our nation’s future. Under his tenure, teen programs were expanded, a youth conference was held for the first time in the City of Pittsburg's history and two after school programs were implemented. Federal can also be credited with the creation of a Truancy Ordinance and a skate park for the city’s youth.

Federal served as Mayor of the City of Pittsburg from 1998-1999, was past Chairman of Pittsburg’s Redevelopment Agency, Housing Authority and Pittsburg’s Power Company. In addition, he served on the Contra Costa Transportation Authority, Transplan, School District Liaison, Industrial Zone Advisory Committee and the Delta Diablo Sanitation District Board. Federal is also on the Board of Directors of the East County Boys & Girls Club, and is a member of the N.A.A.C.P., as well as the Sons of Italy.

He has been married to Janis Glover for over twenty years. They have been blessed with two children, Tederal, a student at Silicon Valley College in Walnut Creek and Carissa, a Biology/Pre-Med. Major at Xavier University in New Orleans, Louisiana. The Glovers make their home in Pittsburg.

As the District V representative on the Contra-Costa County Board of Supervisors, Federal is committed to building bridges of trust, inclusion and cooperation among our diverse Cities and unincorporated communities.

[Axenolith]

The point is that to any normal observer it is NOT a dwelling unit.

As far as flood plains go, anyone should be able to build in it as long as they're willing to self insure...

[vikingcelt]

I don't know where Apricot Way is. Must be a new name. And what irony. The paved over land they are building all of those houses on used to be filled with orchards including, of course, Apricot orchards. I used to work in the summer in my parents' friends packing shed cutting apricots to be made into dried apricots. I was the fastest apricot cutter opener in Brentwood!!! They paid us by the pound of pits! Now I hear that the city folk who moved to Brentwood complain about farming activity. What a crock! Where do they think food comes from anyway? It's just such a shame to know that some of the most fertile farming land in the world is now completely covered with concrete...although I'm pretty sure that some of my old high school friends are probably now quite wealthy because their families sold off their land to developers.

[beachn4fun]

Have family out that way. What kind of jobs in job market? Are most in the city of Roanoke?

[Axenolith]

Its an old road, about a mile south of Lone Tree via Fairway. The old couple I was talking to out there moved there in 1943 and owned a few of the houses around theirs as lodging for hired help.

Here's the area...

http://terraserver-usa.com/addressimage.aspx?t=1&s=10&lon=-121.736912519831&lat=37.9506838285198&alon=-121.73240598&alat=37.95068666&w=2&ref=A%7c2040+Apricot+Way%2c+Brentwood%2c+CA+94513

[Tolerance Sucks Rocks]

The Contra Costa County League of Extraordinarily Arrogant Bastards strikes!

[Tolerance Sucks Rocks]

It's time to premier the new movie, Escape from Kalifornia, starring Kurt Russell, of course, as Snake Plissken.

[vikingcelt]

Do you know their name? My parents might have known them.

[brooklin]

Our town here on the coast of Maine still doesn't require building permits. Now plumbing is another matter.

[RightWhale]

the Supervisor of the 5th Contra Costa County, CA could do.

He needs a letter from an appropriate gov't authority granting him ex post facto rights to keep his improvements on the parcel. Grandfather rights, in other words, might be granted, but cannot be gotten by being claimed.

[OPS4]

Get in touch with the American Center for law and Justice!http://www.aclj.org/


Ops4 God BLess America!

[Riley]

It's time to premier the new movie, Escape from Kalifornia, starring Kurt Russell, of course, as Snake Plissken.

I am doing my own production of that right now, starring myself. Two people came to look at the house with the realtor today.

[helper]

We welcome you to VA. You can get your CCW in about 45 days. BTW, there are interesting IT Co's in the Fredericksburg area doing some interesting Govt work.

There is also a great commuter train from FB to DC.

[LibertyLight]

Take a look here...www.propertyrightsresearch.org
Sorry - I do not know how to set up a direct link..
It is run by a very dedicated individual....