Memorandum
Date: August 6, 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: 1:15 P.M. - HEARING - Consideration of Request for Post-Abatement Hearing on Account and Proposed Assessment of Abatement - 11195 Pingree Rd, Clearlake Oaks, CA / APN# 035-491-26
Executive Summary:
On November 9, 2022, Lake County Code Enforcement (CE) performed an abatement for the property located at 11195 Pingree Rd, Clearlake Oaks, CA (property) owned by Derek Horn. 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: Derek Horn
Zoning Designation: “R1” Single Family District
Lot Type: Improved with home that incurred fire damage, now a vacant lot
Tax Delinquent: Default date 6/30/2023 in the amount of $501.06
Investigation Background and Fact(s):
Starting in December 2019 - Code Enforcement received complaints alleging the property is in a sub-standard condition, junk all over, and lack of water to the property. In March/April 2022, the structure (mobile home) on the property incurred severe fire damage. After the fire, Code Enforcement received several complaints alleging that a person was occupying a recreational vehicle on a permanent basis, inoperable/dismantled vehicles, burnt materials on the property, and other items being stored on the property in a non-compliant manner.
On March 22, 2022 (prior to the fire) Code Enforcement conducted a site inspection and observed violations on the property. (Attachment B)
On March 29, 2022 (prior to the fire), 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) (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, 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, 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
• LCC Chapter 21, Section 41.12 (b) (5) (ii) - The indoor or outdoor storage of inoperable motor vehicles, subject to first obtaining a minor use permit
• LCC Chapter 21, Section 42.11 - Fences and walls in excess of three (3) feet in height but not higher than four (4) feet may occupy any required front yard of a corner lot, provided that the portion of the fence exceeding three (3) feet that is located within: 1) fifty (50) feet of the corner property line(s) or extended corner property line(s), or 2) from the edge of a prescriptive right of way, whichever provides the most unobstructed vision.
On April 27, 2022 (after the fire), Code Enforcement issued a superseding NONOTA against the property to capture the new violations (Attachment D). The NONOTA cited the following violation(s) of the Lake County Code: (Attachment E)
• 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) - Any items causing an unsightly appearance which is visible from the scenic corridor or public right of way or sites of neighboring properties or which provides harborage for rats and/or other vermin, or creates other potential health hazard or public nuisance.
• 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 and 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 5-4A, 2019 California Building Code Section [A] 116.1 - Unsafe Structure
• LCC Chapter 21, Article 10 - Single Family District - Accessory Storage without meeting primary purpose
On July 15, 2022, new violations were discovered to be existing on the property, a second superseding NONOTA was issued against the property. The NONOTA cited the following violation(s) of the Lake County Code: (Attachment F)
• LCC Chapter 13, Article, I, Section 13-3.1 (e) (4) - Condition dangerous to human life, unsafe, 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) (8) - Any items causing an unsightly appearance which is visible from the scenic corridor or public right of way or sites of neighboring properties or which provides harborage for rats and/or other vermin, or creates other potential health hazard or public nuisance.
• 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 5 and 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 68 (f) (11) - Approved fence materials
• LCC Chapter 5-4A, 2019 CA Building Code Section 116.1 - Unsafe Structure
• LCC Chapter 5-4L, IMPC Chapter 1, Section 108.1.5 - Dangerous Structure on premises
On September 9, 2022, the property owner was mailed a “Last and Final” notice informing the property owner the County was pursuing an abatement and that the costs of the abatement would be attached as a lien against the property. (Attachment G).
On September 30, 2022, the property owner was provided via personal service, the “Right-of-Entry” form requesting permission and consent to access the property and to meet the requirements of California Civil Procedures 1822.51 prior to requesting an “Inspection and Abatement” warrant.
Abatement:
As of November 9, 2022, the violations existing on the property had not been corrected, nor was a request for hearing in front of the Board of Supervisors made by the property owners. The property owner failed to demonstrate any good faith intention to correct the violations and due to the fact the property created health and safety issue(s) for the surrounding properties, Code Enforcement obtained an “Inspection and Abatement” warrant and moved forward with an abatement to correct the violations existing on the property by removal. Code Enforcement enlisted the services of Cook Construction to perform the abatement (Attachment H). It should be noted the property was restored to a vacant, although is less than 24hrs the property owner mover a RV and vehicles back onto the property creating new violations not originally captured in our previous notices. The cost of the abatement is $9,481.57 = $1,720.00 (Adams labs - asbestos test) plus $6,906.16 (Cook Construction) (Attachment I) plus administration fees in the amount of $855.41 (Attachment J).
• Approximately 19,820 lbs of trash, rubbish, and debris
• 28 tires
• 2 loads of metal
__________________________________________________________________________________
Evidence:
Attachment(s) - A - Property Map
B - Site Photos
C - Notice of Nuisance and Order to Abate, March 29, 2022
D - Notice of Nuisance and Order to Abate, April 27, 2022
E - Photos after the fire
F - Superseding Notice of Nuisance and Order to Abate, July 15, 2022
G - Final and Last Notice
H - Post Abatement Photos
I - Contractor Invoice(s) (2 total)
J - 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 $9,481.57 and direct staff to record the lien against the property with the Lake County Recorder’s 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.