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Clearlake Oaks property scoffs county code, ordered again to abate trash

Beryl Way house must clean up nuisance to public health

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LAKEPORT >> Lake County was again obligated to convince a residential property owner, who has defied repeated orders to dispose of unsightly trash surrounding the property yard which threatens public health in Clearlake Oaks, to remove the offending debris.

Mireya Turner, community development director informed The Board of Supervisors that the appellant, Aura Thomas (aka Aura Palma) who owns a property at 11630 Beryl Way requested a four-week continuance, in a letter submitted to the board through her representative, her mother, Arlene Fox at the BOS meeting, because neither were able to attend the regular meeting at supervisors’ chambers, November 7. Chair Jessica Pyska asked if this situation was identical to the incident the board faced in September 2022, which Turner answered in the affirmative. It was then revealed Thomas is incarcerated for an undisclosed reason.

In added testimony, Norman Valdez, County Code Enforcement Supervisor, informed the board that Thomas received a $15,000 citation securely fixed to one of the fixtures on her property dating back to Sept. 2, 2022 as well, Thomas is in arrears for $17,000 of delinquent property taxes. Valdez explained the Thomas property is along E. Highway 20 and by a scenic corridor. He also disclosed that in February 2023 Thomas attempted to secure a change of venue to Napa County because as she contended, Lake County has a conflict of interest in issuing the Notice of Nuisance/Order of Abatement, and that she was denied her constitutional right of representation because of a potential conflict of interest of the hearing board.

“This document is a follow up to an Oct. 11, 2023 inspection that showed a fence surrounding the property, so code officers were able to go on the property to see the state of the property,” said Valdez. He pointed out numerous violations of Chapter 5 Section 5-33 and 5-34 were in evidence seen by code enforcement officers. Among the many violations were conditions dangerous to human life and detrimental to the public, unsightly appearance from neighboring properties, inoperable vehicles parked on property, a tarp on the side of the garage and another on the roof of the main structure and attempts to board up the buildings.

Pyska then asked about the one structure that suffered burn damage. Valdez told her code enforcement was looking to secure the buildings. “Chapter 5 of code enforcement allows for boarding up a structure if the premise surrounding a vacant structure contains debris, rubbish or absence of visitation,” he said. “The county, without notice, can remove the rubbish or waste vegetation and recover the costs.” He said that the building with burn damage could be boarded up. Then the county could move forward, under ordinance to demolish the burned structure and secure the main building. “A vacant structure allows us to erect a fence around the property,” he said. “But we don’t know if red tagging the building would make it secure.”

Yet District 4 Supervisor Michael Green questioned whether the board was ignoring appropriate due process at the Nov. 7 hearing in chambers, without either Thomas or her representative, her mother, Arlene Fox in attendance, or having Thomas arrange a Zoom appearance through the California Department of Corrections and Rehabilitation. But Turner informed him, that the hearing request was turned in by the property owner’s mother, Arlene Fox, which directed that she be the representative of the appellant, Aura Thomas.  “We get these letters all the time, and the letter was from the property owner (Aura Thomas),” Turner said. “So, as long as the letter is signed by the property owner, we move forward with it.”

Charlene Harris who owns a property on Beryl Way noted the property that was cited is, “definitely a nuisance. “I have a tenant there (adjacent) right now and she can hear it, people going in and out, so there’s still activity going on there,” she said. “There’s graffiti all over and the pool is a danger, so I’m glad you’re putting up a fence, and all the trash has not changed since I bought my property there.”

The board voted 4-1, with Green opposing, but the majority supported moving forward with a Notice of Nuisance and Order to Abate. Also, Pyska got a unanimous voice vote to consult County Council Lloyd Guintivano regarding other options.

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