LAKEPORT >> A closely packed suburban neighborhood looks to be soon relieved of hazards posed by a negligent owner as the Board of Supervisors shepherd through an abatement of an absentee landlord’s property following months of ignoring compliance directives.
On Tuesday the board considered proposed assessment of abatement costs to a Lake Street property, stated to be in Nice. Lake County Code Enforcement Manager Marcus Beltramo was quick to clear up the confusion when first introduced by Board Chair E.J. Crandell, that the request for an approval to a lien related to an abatement for the Lake St. property was not actually in Nice.
“Correction,” Beltramo interjected as the Chair introduced the agenda item. “We’ll provide all that info and evidence that you’ll need to make your decision,” he assured. “The address is in Clearlake Oaks proper and is a densely populated area. Numerous complaints had been made through the county’s online complaint system as well as from neighbors and even throughout the community to the Code Enforcement Division.”
The property owner, Pamela Hahn was verified by county records. Zoning is R1 and the property was improved by two structures, one at the front and a second at the back, both dwelling units. “There is a default date, I’d like to point out,” Beltramo said. “The property is a part of a tax lien sale conducted by the Tax Collector’s Office so, if the board does approve this lien, my first act will be to transmit this information to the Tax Collector’s office to make sure our lien is part of the upcoming sale” From January 2024 through September 2024, Code Enforcement took numerous photos to document the violations on the property and displayed on a screen in the BOS chambers, first showed a trailer jammed with trash. Trailers are not permitted to be used for such purpose. There was also miscellaneous rubbish items stored in open view, also a Code violation.
“Trash is a health and safety issue in our community,” Beltramo added. Trash in a trailer is a violation of county code. “So, we issued a citation of nuisance and an order of abatement because of a detriment to health and safety because of the unsightly appearance of visible rubbish from a public right of way of neighboring properties,” Beltramo explained. “And it provided a harborage for rats and creates a potential nuisance. Accumulation of garbage constitutes a health hazard.”
The property was provided with a 30-day notice for the owner to correct violations, also a 21-day appeal period, but no appeal was taken. As the investigation proceeded, they determined the property did not have sufficient running water so, they issued a red tag to the property that would not allow any occupancy among the structures. They then issued an inspection abatement warrant and used the firm 360 Junk Removal to haul away trash. The abatement cost $800 and administrative costs were $294.54 for a total of $1,094.54.
“So, we’re asking the board to approve our total costs, and if granted then take that and transmit it to the Tax Collector’s Office so, the board can capture it if there is a lien sale,” Beltramo said. “But if not, we’d go through the normal processes and make sure our information is transmitted to the Auditor’s Office so, they can make that part of their direct changes assessment on the tax rolls.”
However, District 2 Supervisor Bruno Sabatier brought up concerns about the tax sale lien, which was supposed to start in 10 days. He noted it would take some time to get the lien on the books and could potentially hit the new owner, who purchased the property through a tax option, find himself with a new lien, not necessarily of his own doing. Sabatier said he foresaw a possibility, where a new owner could say, “I paid all back taxes and back liens and suddenly something showed up.” He went on to state that he was concerned a new owner would not be able to receive his property, which is not free and clear.
Beltramo told Sabatier he had been in communications with Tax Collector Patrick Sullivan and some of his staff. “We should be in a good spot here,” he explained. “The Tax Collector wanted to make sure it was done by May 30. If the board approves, it can be immediately transmitted over so, the lien will be captured, and the tax lien sale and the tax lien proceeds,” he added. “The buyer makes the offer they make; the proceeds are used to cover the lien… In a normal case, it would go to the seller, minus the lien amount. So, in this case, it should be free and clear when the property sells, and a new buyer should be free and clear and extinguished through the tax lien sales process.”
Sabatier conceded he did not think it would be a problem yet insisted checking with County Counsel Lloyd Guintivano. He was mostly concerned the notification said Nice in the headline, as the address. “But Clearlake Oaks is listed in the memo, I want to check in and make sure,” he said.
“That should be fine,” Guintivano said. “The subject line of the memo is a typographical error and is now being remedied,” he said. “The notices being sent out are required to be sent out in pursuance to the Lake County Code; it does refer to the correct address, so, that takes care of that from the property owner’s side of things.”
The Board voted unanimously to approve.
