Memorandum
Date: September 17, 2024
To: The Honorable Lake County Board of Supervisors
From: Mireya G. Turner, Community Development Director
Marcus Beltramo, Code Enforcement Manager
Subject: 10:15 A.M. - HEARING - Consideration of Request for Post-Abatement Hearing on Account and Proposed Assessment of Abatement - 6647 Cheviot Rd, Lucerne, CA / APN#034-352-02
Executive Summary:
On May 9, 2024, Lake County Code Enforcement (CE) performed an abatement for the property located at 6647 Cheviot Rd, Lucerne, CA (property) owned by Kathleen Kapitan (deceased). In accordance with Lake County Code Chapter 13, Article I, Section 13-42, the Board of Supervisors shall hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed account and assessment as it deems just and may order the account and proposed assessment confirmed or denied, in whole or in part or as modified and revised.
Property Information:
Property Owners: Kathleen Kapitan (deceased)
Zoning Designation: “R1” Single Family District
Lot Type: Improved lot with manufactured home
Tax Delinquency: Default date 6/30/2019 in the approximate amount of $3,331.39
Investigation Background and Fact(s):
Code Enforcement received numerous complaints since 2020 of garbage piling up and drug related traffic. This code case was worked in conjunction with the property located at 6657 Cheviot Rd, Lucerne, CA (neighboring property).
Between June 20, 2022 and March 28, 2024, Code Enforcement conducted an inspection of the property. Observed on the property was a structure in an extreme state of dilapidation and disrepair. (Attachment B)
On June 23, 2022, Code Enforcement issued a first “Notice of Nuisance and Order to Abate” (NONOTA) against the property. The NONOTOA cited the following violation(s) of the Lake County Code: (Attachment C)
• LCC Chapter 13, Article, I, Section 13-3.1 (e) (7) - The existence of garbage, rubbish
• LCC Chapter 13, Article, I, Section 13-3.1 (e) (5) - Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of Chapter 21.
• LCC Chapter 5, Section 116 - Unsafe Structure
• LCC Chapter 21, Article 41, Section 41.12 (a) - Outdoor storage in any district shall be maintained in an orderly manner and shall not create a fire, safety, health or sanitary hazard.
• LCC Chapter 21, Article 41, Section 41.12 (b) (3) - outdoor storage shall be completely screened from public view from all exterior property lines and any public roadway within one-half (1/2) mile of the pen storage area.
On August 29, 2022, Code Enforcement issued a second NONOTA against the property citing the same violations as the 6/23/2022 NONOTA: (Attachment D)
On June 8, 2023, Code Enforcement issued a third NONOTA citing the following violation(s) of the Lake County Code: (Attachment E)
• LCC Chapter 13, Article, I, Section 13-3.1 (e) (3) - Attractive nuisance
• LCC Chapter 13, Article, I, Section 13-3.1 (e) (4) - Condition dangerous, unsafe, detrimental to public safety
• LCC Chapter 13, Article, I, Section 13-3.1 (e) (7) - The existence of garbage, rubbish
• LCC Chapter 13, Article, I, Section 13-3.1 (e) (8) - Unsightly appearance, or provides harborage for rats or vermin
• LCC Chapter 13, Article, I, Section 13-3.1 (e) (5) - Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of Chapter 5.
• LCC Chapter 5, Section 116.1 - Unsafe Structures and equipment
• LCC Chapter 5, Article VII Et. Seq - Vacant Structure Ordinance
On November 15, 2023, A Last and Final Notice was mailed to the property owner along with a “Right-of-Entry” form, providing a final request to correct the violations and meeting the requirements of California Code of Civil Procedure 1822.51 requesting consent from the responsible parties prior to obtain an inspection and abatement warrant. (Attachment F)
Abatement:
As of May 9, 2024, the violations existing on the property were not corrected, nor was a request for hearing in front of the Board of Supervisors made by the property owners. Code Enforcement received no response from the responsible or interested party. Code Enforcement did not have cause to believe there was a party with the willingness to correct violation(s) existing on the property and due to the fact the structure was unsafe and created a public nuisance to surrounding properties and the general welfare of the public, Code Enforcement obtained an abatement warrant and moved forward with an abatement to correct the violations existing on the property by removal (Attachment G). Code Enforcement enlisted the services of Cook Construction to perform the abatement. The total cost of the abatement is $8,031.59; contractor costs in the amount of $6,178.75 (Attachment H), plus asbestos testing in the amount of $1,000, plus administration fees in the amount of $852.84 for the removal of: (Attachment I)
• 13.27 tons of miscellaneous materials
• .085 tons of metal
• 1 tire
• 1 refrigerator
__________________________________________________________________________________
Evidence:
Attachment(s) - A - Property Map
B - Photos (of violations)
C - 1st Notice of Nuisance and Order to Abate
D - 2nd 1st Notice of Nuisance and Order to Abate
E - 3rd Notice of Nuisance and Order to Abate
F - Last and Final Notice
G - Post Abatement Photos
H - Contractor Invoice
I - Task Sheet (cost recovery)
County Witness(es):
Marcus Beltramo, Code Enforcement Manager
Norman Valdez, Code Enforcement Supervisor
Michael Herringshaw, Code Enforcement Officer
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
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Recommended Action:
Staff recommends the Board of Supervisors approve a lien in the amount of $8,031.59 and direct staff to record the lien against the property with the Lake County Recorders Office, after recordation, shall be delivered to the County Auditor who shall enter the amount of the lien on the assessment roll as special assessments.