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File #: 25-206    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 2/27/2025 In control: BOARD OF SUPERVISORS
On agenda: 3/18/2025 Final action:
Title: 10:00 A.M. - HEARING - Consideration of Post-Abatement Hearing and Proposed Assessment of Abatement - 7560 Jackson Street, Nice (APN 030-091-06): Property Owner: DL Investors 1, LLC, c/o WPL Holdings, LLC
Sponsors: Community Development
Attachments: 1. Attachment A, 2. Attachment B, 3. Attachment C, 4. Attachment D, 5. Attachment E, 6. Attachment F

Memorandum

 

 

Date:                                          March 18, 2025

 

To:                                          The Honorable Lake County Board of Supervisors

 

From:                                          Mireya G. Turner, Community Development Director

                                          Marcus Beltramo, Code Enforcement Manager

 

Subject:                     10:00 A.M. - HEARING - Consideration for Post-Abatement Hearing on Account and Proposed Assessment of Abatement - 7560 Jackson Street, Nice / APN# 030-091-06; Property Owner DL Investors 1 LLC, C/O WPL Holdings LLC

 

 

Executive Summary: Between January 16, 2025 and January 17, 2025, Lake County Code Enforcement (CE) performed an abatement for the property located at 7560 Jackson St., Nice, CA (property) owned by DL Investors 1 LLC C/O WPL Holdings LLC.  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. The abatement was performed under the COPTR (Community Oriented Policing and Targeted Restoration) program, which is a Lake County Board of Supervisors (BOS) approved program to allocate additional County resources to those underserved areas along the Northshore of the County.

 

Property Information:

Property Owners:                                          DL Investors 1 LLC C/O WPL Holdings LLC (Out of State, Chicago, ILL)

Zoning Designation:                                          “RR” Rural Residential

Lot Type:                                                               Vacant lot, no improvements

 

Investigation Background and Fact(s):

During a Western Regional Town Hall (WRTH) meeting, the community members in attendance voiced their complaints concerning the violation(s) occurring on the subject property property to Code Enforcement (CE).  In response to the unanimous request by the members of WRTH, Code enforcement moved forward with its processes to attain compliance with the County code.  In addition, past complaints had been received alleging: “Family living in a fifth wheel over a month now, in plain sight from roads; these people have been living there pulled in in the dark of night and stayed for weeks now.”

 

On August 20, 2024, Code Enforcement issued a “Notice of Nuisance and Order to Abate” (NONOTA) against the property.  The NONOTA was mailed to the addresses listed with County records and posted at the property. The NONOTA provided for a thirty (30) day correction period and a twenty-one (21) appeal period.  The NONOTOA cited the following violation(s) of the Lake County Code: (Attachment B - Photos & Attachment C - NONOTA)

 

                     LCC Chapter 13, Article, I, Section 13-3.1 (e) (4) - Any condition dangerous to human life, unsafe, or detrimental to the public health or 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) (13) - Abandoned, dismantled, wrecked, or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof.

                     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.

 

More specifically, the following are the related code section(s) cited in connection or pursuant to Chapter 13, Article I, Section 13-3.1 (e) (5):

 

                     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.

 

During the investigation, CE determined a family of at least one adult female and minor children, were occupying the recreational vehicle.  Lake County Social Services was notified and the conducted their own assessment.   Later a red tag was posted to not occupy the recreational vehicle. The family eventually vacated the property of their own volition prior to the abatement.

 

Abatement:

As of January 17, 2025, 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 property owner.  All notifications and mailings were mailed to the address listed with County records with no response, and later in the investigation an additional mailing address was obtained from a search of businesses on the website of the California Secretary of State and mailings were sent to this address. The property owners failed to demonstrate substantial progress or any real intention to correct the violations.  Due to the fact there was no responsible party willing to correct the existing violations, Code Enforcement obtained an inspection and abatement warrant and moved forward with an abatement to correct the violations existing on the property by removal (Attachment D).  Code Enforcement enlisted the services of Leonard’s Hauling to perform the abatement.  The cost of the abatement is $4,500.00 (Attachment E); plus administration fees in the amount of $449.49 (Attachment F) for a total abatement cost of $5,049.49.

__________________________________________________________________________________

Evidence:

Attachment(s) -                     A - Notice of Assessment Hearing

                                                               B - Site Inspection Photos

                                                               C - Notice of Nuisance and Order to Abate

                                                               D - Post Abatement Photos

                                                               E -  Contractor Invoice

                                                               F -  Task Sheet (cost recovery)

 

County Witness(es):

Marcus Beltramo, Code Enforcement Manager

Norman Valdez, Code Enforcement Supervisor

 

 

If not budgeted, fill in the blanks below only:

Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ 

 

Purchasing Considerations (check all that apply):                                           Not applicable

Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy <http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (describe process undertaken in “Executive Summary”)                     

Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive Summary,” attach documentation, as needed)                     

For Technology Purchases: Vetted and Supported by the Technology Governance Committee <http://lcnet.co.lake.ca.us/Assets/Intranet/Intranet+Forms/Information+Technology/AdvPlan.pdf> (“Yes,” if checked)

Other (Please describe in Executive Summary)

 

Consistency with Vision 2028 <http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that apply):                                                                Not applicable

Well-being of Residents                                           Public Safety                                                                Disaster Prevention, Preparedness, Recovery                     

Economic Development                                           Infrastructure                                                                County Workforce                     

Community Collaboration                      Business Process Efficiency                      Clear Lake                                                               

 

Recommended Action:  Staff recommends the Board of Supervisors approve a lien in the amount of $5,049.49 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.