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Board upholds West County BZA ruling: cargo container must be removed within 60 days; administrative fees imposed

Alameda County Board of Supervisors (Planning) · October 9, 2025
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Summary

The board denied an appeal from a Castro Valley property owner and upheld the West County Board of Zoning Adjustments’ finding that cargo containers on the property violate county zoning; the county waived larger fines but imposed administrative fees totaling $461 and ordered removal within 60 days.

The County Board of Supervisors on Oct. 9 upheld a West County Board of Zoning Adjustments decision ordering removal of cargo containers placed on a Castro Valley property and denied the property owner’s appeal seeking fee rescissions and an enforcement moratorium.

Code Enforcement Manager Ed Labayog reviewed the file, noting prior citations in 2018 and 2020, multiple failed reinspections and a BZA order declaring the property in violation of Section 17.52.29 of the county zoning code prohibiting cargo containers as accessory structures in residential districts. The BZA had waived $6,500 in administrative fines but required removal of the containers within 60 days and left in place inspection and administrative fees; the appellant sought rescission of the final notice and removal of liens.

The property owner said she used containers during a series of repair and insurance events and that she had been referred to Public Works for placement guidance; she described financial hardship and asked for additional time. Staff told the board there were no active permits for repairs and noted the containers had been a recurring violation since earlier abatements.

Supervisor Miley moved — and the board seconded — to uphold the West County BZA decision, deny the appeal, impose the administrative fees (totaling $461) and maintain the abatement timeline requiring removal within 60 days from the board decision. The motion passed unanimously.

The board noted county policy treats financial hardship as not a permit exemption to a clear zoning prohibition and that enforcement actions recorded a history of prior notices and failed reinspections.