File #: 20-1106    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 11/12/2020 In control: BOARD OF SUPERVISORS
On agenda: 11/17/2020 Final action:
Title: 11:15 A.M. - October 6, 2020 continuance of Hearing on Account and proposed Assessment for the property 12942 Second St., Clearlake Oaks, CA
Sponsors: Community Development
Attachments: 1. Exhibit 1, 2. Exhibit 2, 3. Exhibit 3, 4. Exhibit 4, 5. Exhibit 5

Memorandum

 

 

Date:                                          November 17, 2020                     

 

To:                                          The Honorable Moke Simon, Chair, Lake County Board of Supervisors

 

From:                                          Scott De Leon, Community Development Interim Director

Toccarra Thomas, Deputy Community Development Director

                                          Andrew Williams, Code Enforcement Manager

                                          Marcus Beltramo, Code Enforcement Officer

                     

Subject:                     October 6, 2020 continuance of Hearing on Account and proposed Assessment for the property 12942 Second St., Clearlake Oaks, CA

 

Executive Summary: (include fiscal and staffing impact narrative):

On October 6, 2020, The Code Enforcement Division came before the Lake County Board of Supervisors (BOS) to give an account of the abatement action taken against the property located at 12942 Second St., Clearlake Oaks, CA (hereinafter, property) and the proposed assessment of costs for that abatement action.  The BOS raised concerns regarding: (1) the costs of the gate and fence erected; (2) the authority to erect a fence; and (3) the costs difference between the quote and the invoice paid out.  The concerns were raised in order to ensure the BOS approved the recordation ofa “clean” and proper lien against the property.

 

Information/Facts:

 

Issue #1 - Costs of gate and fence materials:

 

Leonard’s Hauling provided the following information regarding the costs of the materials for the gate and fence:

 

                     12ft metal gate -                                                                $205.77

                     85 1x5x4 boards (fence) -                                           $341.42

                     6 4x4 fence posts -                                                                $35.40

                     6 80 lbs bags of cement -                                           $33.54

                                                                                                                                

                     Total cost of gate and fence materials - $613.13

Issue #2 - Authority to erect fence:

 

1)                     The Notice of Nuisance and Order to abate cited violations of Lake County Vacant Structure Ordinance contained in Chapter 5 of the Lake County Code.  Pursuant to Chapter 5, Article VII, Section 5-35.1 (j) - “The County Building Official may require the owner to erect a fence that meets the specifications of the Building Inspection Department on the property where the vacant structure is located. Any fence erected in accordance with this section shall be maintained in a safe condition without tears, breaks, rust, or dangerous protuberances.”

 

2)                     Pursuant to Chapter 5, Section 5-4A 2019 California Building Code Section 116 - Unsafe Structures and Equipment - “A vacant structure that is not secured against entry shall be deemed unsafe.”  The Chief Building Official may require a fence to secure an unsafe structure from being entered or occupied.

 

Issue #3 Costs difference between quote and final costs:

 

During the October 6, 2020 hearing, the BOS had concerns regarding the quote received from the contractor that was selected to perform the work, Leonard’s Hauling and the final invoice that was paid out.  The Board was provided information the quote received from Leonard’s Hauling was for the amount of $3,700.  This information was found to be incorrect.  In fact Leonard’s Hauling had submitted a second quote for the amount of $4,400 (Leonard’s Hauling submitted two quotes). Code Enforcement selected Leonard’s Hauling quote for $4,400, which was the lowest of the quotes received (JDM Earthworks submitted a quote for $5,400.00; and Cook Construction submitted a quote for $6,150.00).    Leonard’s Hauling submitted an invoice in the amount of $5,389.31.  The difference between the invoice submitted by Leonard’s Hauling and invoice paid out is $989.31.

 

                     Quote -                      $4,400

                     Invoice -                     $5,389.31

                                                                                                         

                     Difference -                     $989.31

 

Total Costs of Abatement:

The total cost of the abatement amounted to $5,834.46.  Cost of the abatement services was $5,389.31.  The administrative costs amounted to $445.15

 

Costs of abatement plus administrative costs, minus the costs of the gate and fence materials amount to $5,221.33.                                                                                                                                                                                                                                                                           

 

If not budgeted, fill in the blanks below only:

Estimated Cost: $5,834.46 Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ 

 

Consistency with Vision 2028 and/or Fiscal Crisis Management Plan (check all that apply):                                           Not applicable

Well-being of Residents                                           Public Safety                                                                Infrastructure                                           Technology Upgrades

Economic Development                                           Disaster Recovery                                           County Workforce                      Revenue Generation

Community Collaboration                      Business Process Efficiency                      Clear Lake                                           Cost Savings                                          

If request for exemption from competitive bid in accordance with County Code Chapter 2 Sec. 2-38, fill in blanks below:

Which exemption is being requested?

How long has Agreement been in place? 

When was purchase last rebid?

Reason for request to waive bid?

 

Recommended Action:

Staff recommends the Board of Supervisors confirm the assessment of $5,834.46 and direct staff to Record a Notice of Lien against the property. The cost of abatement services was $5,389.31. The administrative costs on this case amounted to $445.15.