Memorandum
Date: September 26, 2023
To: The Honorable Lake County Board of Supervisors
From: Mireya G. Turner, Community Development Department Director
by: Marcus Beltramo, Code Enforcement Manager
Subject: Consideration of Requested Hearing (Appeal) by Thomas Armitage for a Notice of Nuisance and Order to Abate and Notice of Violation issued against 180 Schindler Street, Clearlake Oaks APN# 035-391-08; Property Owner: Thomas Armitage
Executive Summary:
Property Details:
Property Address: 180 Schindler St, Clearlake Oaks, CA
Assessor Parcel#: 035-391-08
Zoning District: “R1” Single Family Residential
Acres (estimated): 0.145
Property Owner: Thomas Armitage
Appellant: Thomas Armitage
Supervisorial District: 3 (Crandell)
County Witness(es):
Lead Code Officer: Christopher Colen, Code Enforcement Officer
Evidence:
Attachments: A - Request for Hearing - Thomas Armitage
B - LCC Hearing Procedures, Ch. 13, Section 13-7
C - Site Photos
D - Notice of Nuisance and Order to Abate
On August 7, 2023, the Lake County Community Development Department received a written request from appellant Thomas Armitage (Appellant) for a hearing before the Board of Supervisors in response to a Notice of Nuisance and Order to Abate (NONOTA) dated, March 22, 2023 issued against the property located at 180 Schindler St, Clearlake Oaks (property). Appellant provided the following reason why the property should not be considered a public nuisance: (Attachment A):
“I feel I being singled out I do not think it is pubik (public) nuisance. There is no way you can see on to my property from the street. I put up a 6ft fence cleaned up the lot the only thing I have on it is my personal property and Code Enforcement is going out of it way to harass me a civilian vet.”
Appellant’s request for a hearing was not made within the statutory twenty-one (21) day period provided for by the Code. Initially, Appellant was premature in the submission of his request for a hearing, which was not accepted as Code Enforcement had not issued any notices at that time. Due to misunderstandings with the Appellant and in order to afford appellant his due process rights, Code Enforcement honored Appellant’s intent to request a hearing.
Pursuant to LCC Chapter 13, Section 13-7, when a hearing is requested, the Board shall proceed to hear the testimony of the Enforcement Official, his/her assistants or deputies, the testimony of the owner or his/her representatives, and the testimony of other competent persons concerning the conditions constituting such nuisance, the estimated cost of abatement, and other matters which the Board may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the Enforcement Official, and other witnesses. Upon the conclusion of the hearing, the Board of Supervisors may terminate the abatement proceedings, or it may uphold the Notice of Nuisance and Order to Abate, prescribing the requirements of such abatement and prescribing the time for the completion of such abatement. (Attachment B)
Background:
Between March 3, 2023 and July 28, 2023, Lake County Code Enforcement (LCCE) conducted site inspections from street and documented the cited violations by taking photos. (Attachment C)
On March 22, 2023, LCCE determined five (5) violation(s) of the Lake County Code existed on the property. A NONOTA and NOV were issued and posted at the property and certified mailed to the property owners address listed with County Records. The NONOTA cited the following violations: (Attachment D)
• LCC, Chapter 13, Article I, Section 13-3.1 (e) (7) - Garbage, rubbish, and refuse
• LCC, Chapter 13, Article I, Section 13-3.1 (e) (5) - Use of land or premises maintained contrary to the provisions of LCC Chapter 21 (Zoning Ordinance)
• LCC, Chapter 13, Article I, Section 13-3.1 (e) (13) - Inoperable Vehicles
• LCC, Chapter 21, Article 10 - Violation of the “R1” zoning designation
• LCC, Chapter 21, Article 68, Section 68.4 - Accessory Uses and Structures, Residential
The estimated cost of the abatement is projected to be between $3,000 to $5,000 for: removal of one (1) recreational vehicle; removal of three (3) boats; removal of one (1) van; removal of trash and rubbish.
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Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
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Recommended Action: Staff recommends the Board uphold the Notice of Nuisance and Order to Abate and direct staff to move forward with the abatement process within thirty (30) days if the violations are not abated by the property owner.