Property Information:
Property Owners: Phil Hemley (50% interest)
Kenneth Nicholson (50% interest)
Zoning Designation: “SR” Suburban Reserve
Lot Type: Vacant lot (prior existing structure(s) were damaged during Mendocino Complex fire in 2018)
Lot Size: ±0.38 acres
Tax Delinquency: Default date 6/30/2021 in the approximate balance amount of $2,398.14
Investigation Background and Fact(s):
Code Enforcement had been receiving complaints against the property starting in 2019. The property was involved in either the 2018 Pawnee / Mendocino Complex fire (July 2018) where the primary residence, a manufactured home incurred severe fire damage and was removed from the property. In 2018, either a Governor’s Executive Order or proclamation by the BOS was passed to defer provisions of the Lake County Zoning Ordinance to allow property owners the ability to begin recovery efforts by allowing property owners to live on their parcels in structures that do not meet minimum construction standards, when conditions are deemed safe. The owners for the subject property exercised the emergency provisions in July 2019, by obtaining the issuance of a building permit for temporary dwelling and electrical. Over five (5) years have passed since the governor’s executive order or the BOS proclamation, and those emergency measures have since expired.
In addition, but not germane to the issue being heard before the BOS and should not be taken into consideration by the BOS when making a determination as to the subject action of the lien hearing today, starting in August 2023 the property was identified by Lake County Special Districts as a contributor to excessive water use in the Spring Valley area which increases the cost to produce water by straining the system, increasing the costs of utilities and treatment chemicals, increases wear and tear on the system, shortening the useful life of equipment and filter media, and increases repair costs. Also on July 8, 2024, Lake County Environmental Health issued violations against the property for “excessive debris covering septic leach field, occupied trailers with first obtaining a temporary dwelling permit, and septic permit expiration. (Attachment A - EH Notice of Violation)
On February 4, 2022 and April 22, 2022, Code Enforcement issued a “Notice of Nuisance and Order to Abate” (NONOTA) against the property. Both notices provided for a thirty (30) day correction period and provided information if the property owner or any other interested wished to request a hearing/appeal. The NONOTOA cited the following violation(s) of the Lake County Code: (Attachment B - Photos) (Attachment C - NONOTA 2/4/2022) (D - NONOTA 4/22/2022)
• LCC Chapter 13, Article I, Section 13-3.1, Subsection (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, or which creates a fire hazard
• LCC Chapter 13, Article I, Section 13-3.1, Subsection (e) (8) - 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, Subsection (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 Chapter 13, Article I, Section 13-3.1 (e) (5)):
• LCC Chapter 21, Article 9 - Not first meeting the primary purpose of the zoning designation (secondary use, storage)
• LCC Chapter 21, Article 42, Section 42.11 - Open and Outdoor Storage, not maintain in compliance.
On or about March 3, 2024, a “Notice of Intent to Abate” along with a “Right-of-Entry” form was mailed to the property owner at the address listed with County records. (Attachment E)
On or about August 2, 2024, a “Last and Final Notice/packet” was mailed to the property owner along with copies of the 4/22/2022 NONOTA and a “Right-of-Entry” form, providing a final request to correct the violations; and to satisfy the requirements of California Code of Civil Procedure 1822.51 requesting consent from the responsible parties prior to obtaining an inspection and abatement warrant. (Attachment F)
On or about August 29, 2024, for each of the vehicles located on the property in violation of the County Code, twelve (12) letters were mailed out to the registered owners informing them the vehicles were located on the property and in violation. The letters provided the registered owners with an opportunity to claim their vehicles prior to the abatement and removal of the vehicles from the property. Only one response was received, and the individual did not wish to reclaim the vehicle.
On September 26, 2024, an “Inspection and Abatement” warrant was signed by Lake County Superior Court judge allowing access onto the property and to abatement of those issue(s) cited for being in violation pursuant to the NONOTA dated February 4, 2022 and April 19, 2022.
Abatement:
Between September 27, 2024 to October 10, 2024 Code Enforcement proceed with the abatement process as the violations existing on the property had not corrected and the property owners failed to demonstrate substantial progress or any real intention to correct the violations. Due to the fact the violation(s) existing on the property created a public nuisance and/or a health and safety issue 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 (Attachment G). Code Enforcement enlisted the services of Leonard’s Hauling to perform the abatement. The contractor cost of the abatement is $22,855.00 (Attachment H); plus the costs for the tow contractor Jones Towing in the amount of $1,450 (Attachment I); plus the costs for the tow contractor Kelseyville Salvage in the amount of $1,600 (Attachment J); plus administration fees in the amount of $3,372.20 (Attachment k) for a total abatement cost of $29,277.20.
The abatement consisted of the removal of:
• 44,180 lbs. of trash and debris
• 30 tires with rims
• 15 tires without rims
• 2 fifth wheel recreational vehicles demolished
• 2 ½ bumper pull trailers demolished
• 4 loads of scrap metal
• 2 class C motor homes demolished
• 6 vehicles towed
• 1 Recreational Vehicle was towed
• 1 toilet
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Evidence:
Attachment(s) - A - EH Notice of Violation
B - Violation Photos
C - Notice of Nuisance and Order to 2/4/2022
D - Notice of Nuisance and Order to Abate 4/22/2022
E - Notice of Intent to Abate and Right-of-Entry form
F - Last and Final packet
G - Post Abatement Photos
H - Contractor Invoice
I - Jones Towing Invoice
J - Kelseyville Salvage Invoice
K - Cost Recovery Task Sheet
County Witness(es):
Marcus Beltramo, Code Enforcement Manager
Norman Valdez III, Code Enforcement Supervisor
Michael Herringshaw, Code Enforcement Officer