Memorandum
Date: September 17, 2024
To: The Honorable Bruno Sabatier, Chair, Lake County Board of Supervisors
From: Mireya G. Turner, Community Development Director
Marcus Beltramo, Code Enforcement Manager
Subject: 10:30 A.M. - HEARING - Consideration of Request for Post-Abatement Hearing on Account and Proposed Assessment of Abatement - 5323 Jamie Ln, Kelseyville, CA / APN# 088-031-03
Executive Summary:
On December 21, 2022, Lake County Code Enforcement (CE) performed an abatement for the property located at 5323 Jaime Ln, Kelseyville, CA (property) owned by Milos Leubner (deceased) and Raymond Couch. 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: Raymond Couch (15% ownership) (deceased)
Milos Leubner (85% ownership, deceased)
Zoning Designation: “RR” Rural Residential District
Lot Type: Improved with home that incurred fire damage, now a vacant lot
Tax Delinquent: Default date 6/30/2021 in the amount of $1,872.63
Investigation Background and Fact(s):
In August of 2022 - Code Enforcement was made aware a structure fire occurred on the property.
On August 16, 2022, Code Enforcement conducted site inspection(s) and observed violations on the property and posted an “Unsafe” red tag. (Attachment B)
On August 16, 2022, Code Enforcement issued a “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) (4) - 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.
On December 5, 2022, the property owner Milos Leubner (Leubner) signed a “Right-of- Entry” (ROE) form consenting to the inspection and abatement of the violations on the property and to the costs of the abatement being attached as a lien against the property. From August of 2022 to December 2022, Leubner’s health had deteriorated and Leubner was now living in an assisted living facility. Code Enforcement had reason to believe Leubner still had the capacity to consent to the abatement and its costs; but given his health situation, Code Enforcement took additional precautions prior to Leubner signing the ROE by insisting Leubner’s adult son be present while the terms of the abatement, its costs, the lien that would be attached against the property, and the ROE were explained. (Attachment D)
Abatement:
As of December 15, 2022, Code Enforcement enlisted the services of Leonard’s Hauling to perform the abatement. The total cost of the abatement is $8,716.53 (Attachment F); contractor costs in the amount of $8,279.85 (Attachment E), plus administration fees in the amount of $436.68. The following was removed and disposed of:
• Approximately 37,600 lbs. of trash, rubbish, and debris
__________________________________________________________________________________
Evidence:
Attachment(s) - A - Property Map
B - Site Photos
C - Notice of Nuisance and Order to Abate
D - Right-of Entry
E - Contractor Invoice
F - Task Sheet (cost recovery)
County Witness(es):
Marcus Beltramo, Code Enforcement Manager
Norman Valdez, Code Enforcement Supervisor
Michael Herringshaw, Code Enforcement Officer
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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 $8,716.53 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.