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Posted by: thepinetree on 07/09/2018 06:48 PM Updated by: thepinetree on 07/09/2018 06:48 PM
Expires: 01/01/2023 12:00 AM
:

Property Rights & Abuse Concerns about Chapter 8.06 Proposed Rewrite Tuesday ~ By Colleen Platt

San Andreas, CA...Dear Calaveras County Board of Supervisors, Please seriously consider & question the proposed rewrite of county code Chapter 8.06 ‘Property Maintenance & Code Enforcement’, to be heard at your Board Meeting Tuesday. It sets off too many red flags. The public is legitimately upset & fearful about the expanded code enforcement powers, possibility of selective enforcement of county code, potential for abuse of power by county employees, likelihood of unknown & excessive fees and fines piling up for minor infractions and small unpermitted structures, lack of due process and threats to property rights in summary abatements and summary fines, and more.




It is clear from the preliminary 2018 budget hearings that the Calaveras County budget has a serious long-term structural deficit. Reading the proposed rewrite of Ch. 8.06, it seems like the County is trying to balance part of its deficit unfairly on the backs of its citizens, by allowing immediate and unknown and/or excessive fees and fines to be imposed upon unsuspecting residents. It is not good policy to try to pay for the entire code enforcement program by fining county residents, as is stated in the new Chapter (pg. 15):

8.06.415 Fees

A. Intent. It is the intent of the Board of Supervisors that the Department of Code Compliance, to the extent allowable under applicable law, maximize cost recovery associated with enforcement of the County Code and State statutes incorporated herein, and that the expense of administering a code compliance program be borne by those who are responsible for code violations and associated nuisances.

This is an undue burden. The Chapter 8.06 code rewrite goes overboard, is not well-considered, and is not in the best interests of residents. It imposes unknown administrative costs and fees immediately on residents issued a notice of violation (pg.15, 8.06.415 B.-D.). There is no Fee Schedule posted on the code compliance website (as stated in 8.06.415 G.). Chapter 8.06 appears to be a money-making scheme at the expense of property owners and their civil rights.

At the total discretion of public works and code compliance employees, on the basis of a personal judgment of risks to public health & safety, they can order “Summary Abatement’ of a perceived violation. They can order residents to vacate the premises, they can order the premises and site to be razed, and they can impose immediate and severe fines, without any issuance of a Notice of Violation. (pg.21, 8.06.560, 8.06.565) How is this just? Isn’t this a violation of civil and property rights?

Please read the proposed code revisions very carefully, and think about the consequences to county residents. Please do not authorize the current version of the Chapter 8.06 rewrite. Below is a brief summary of many, but not all, sections of concern*.


*Chapter 8.06 Sections of Concern & Questions



1) Definitions. (pg 4) (2) duplicate/ conflicting Definitions for “Commercial Cannabis Activity”. Under the first definition, growing 1-6 plants legally would be “commercial cannabis cultivation”, subject to citation, abatement and fines. The second definition farther down is clearer. Please eliminate the duplicate definitions, and clarify what is and is not commercial cannabis activity.



2) Courtesy Notices (pg 12, 8.06.305). This may be a good idea, but how will this be implemented? There is no guidance as to when Courtesy Notices will be issued by county employees, or which code violations might qualify. Building Dept. and Code Compliance employees have complete discretion whether to issue a courtesy notice, or whether to issue a notice of violation and fines. “Public health, safety, and welfare” is the only criteria given, but that is subject to interpretation. No other guidance is given when a courtesy notice is appropriate or not. Without clear guidance, who knows if or how Courtesy Notices will be issued?



3) Fees (pg. 15, 8.06.415 Fees). The intent stated is to charge violators the maximum amount of fees allowed under law, but the amount of these fees is not identified. There is no Fee Schedule included or posted online, as required. People will be liable for Case Management Fees, Inspection Fees, Standby and Security Fees, Appeals Fees, Attorneys Fees, and Administrative Fines. This is an excessive and undue burden for someone issued a Notice of Violation, for possibly a minor infraction. The County is aware that there are many code violations that have been going on for decades, such as the use of shipping containers for long-term storage, but, “Historically, the County has not routinely enforced these provisions.” (from ‘Shipping Container Requirements”, Calaveras County Building Department, 6/13/2018). Is the County going to start imposing all these fees and fines on all infractions, all existing small, unpermitted structures, and all users of shipping containers for storage, including the County’s use of shipping containers?



4) Summary Abatement (pg 21, 8.06.560). Where the building/code employee determines that there is an “immediate threat to public health and safety” that “requires immediate correction or elimination”, ‘Summary Abatement’ gives building/code compliance officers and staff the authority to order people to vacate the premises and raze the building or site, without issuing a Notice of Violation or citation. This seems like excessive authority and police powers given to building dept. / code compliance employees. Plus, is this a possible violation of civil or property rights, with no citation being issued?



5) Summary Assessment of Fines (pg. 21, 8.06.565). As above, in the judgment of a building employee, if there is a serious code violation or public nuisance that poses an immediate danger, no time period is needed prior to abating the perceived violation and assessing big fines on the property owner. The fine for a summary abatement violation is $250 per violation. Strangely, if the summary abatement involves cannabis eradication, each cannabis plant is a separate violation and $250 fine. How is it just to levee excessive fines on people, without notice, and without issuing a notice or citation?



6) Conflict Within Code. Both 4) and 5) above--Summary Abatement and Summary Assessment sections--contradict section “8.06.700 - Alternative Notice of Violation, Citation, and procedure for violations related to unlawful Commercial Cannabis Cultivation.” (pg 26), which allows cannabis abatement within 10 days of notification of violation; after that, fines are $1,000/day. Which section applies to cannabis violations, and when???




Comments - Make a comment
The comments are owned by the poster. We are not responsible for its content. We value free speech but remember this is a public forum and we hope that people would use common sense and decency. If you see an offensive comment please email us at news@thepinetree.net
No Subject
Posted on: 2018-07-09 19:12:53   By: Anonymous
 
Well said. I hope they are listening.

[Reply ]

    Re: Your Weight on the Moon
    Posted on: 2018-07-09 19:51:57   By: Anonymous
     


    [Reply ]

      Re: Your Weight on the Moon
      Posted on: 2018-07-10 07:19:42   By: Anonymous
       
      This revision of 8.06 is a complete insult from the staff and board to the citizens and taxpayers of this county.

      Department heads and staff are well paid, anywhere from 40K to well over 100K per year to provide the board and citizens well thought out, comprehensive and complete work. As written and circulated for review and adoption this ordinance is incomplete, in conflict with itself and full of errors. By now, this has been reviewed by at least 3 or 4 department heads and staff, supposedly. How is it that this ordinance has gotten to the point of public review, before the board, without the multitude of errors and omissions not being caught and corrected? This in itself is a big question Mr. Lutz and our supervisors should be asking and giving the public answers to.

      With that sloppy high school work in mind we are asked by the board to believe these same county employees are capable of making reasoned and fair judgements and be allowed to fine us, seize our property and destroy it without giving us notice or any right to appeal. Oh yes, and send us the bill for all of it. Judging by this poorly written and reasoned (?) ordinance there is no reason an intelligent person would trust the county or employees in the discharge of such duties. On the contrary, it is indicative of a county culture we citizens should all be wary of.

      This poorly done document should be returned by the board to staff and department heads with the instruction that it be properly thought out and completed before any further action or review by the board and citizens of the county.

      [Reply ]

      Re: Your Weight on the Moon
      Posted on: 2018-07-10 23:20:58   By: Anonymous
       
      I "understand" the comments and proposed amendments, but it would be great if the author would provide the hyperlink to the original document so we can read the whole text and understand the context of the criticisms. The author raises alarms, but without the original text one needs to be sure they aren't false alarms.

      Saying citizens are concerned is a bit of hyperbole, if most of us don't even know what the problem is (or might be). Thanks.

      [Reply ]

        Re: Your Weight on the Moon
        Posted on: 2018-07-17 12:19:52   By: Anonymous
         
        That is the point. Where is the full text of the proposed ordinance? It makes you wonder if the idea is to sneak it through without public notice or comment.

        [Reply ]

      Re: Your Weight on the Moon
      Posted on: 2018-07-23 23:16:45   By: Anonymous
       
      No. It's about time we had a revision to 8.06. Growers wasting tax payers' dollars on appeal after appeal, lawsuit after lawsuit, has reached a crisis point jamming the system and crippling other processes along the way. It's now illegal to commercially grow here. Plan to harvest, manufacture, process, transport and sell to gang members you are bringing to this county to hurt us? Want to appeal? Pull your plants and eradicate. No appeals. Don't like it? Too bad. Thank you Ethan Turner. Thank you county.

      [Reply ]

      Re: Your Weight on the Moon
      Posted on: 2018-07-23 23:30:04   By: Anonymous
       
      Good. The county needed to speed up/streamline the appeals process. These are all excellent changes. It is sure that 8.06 is an improvement - unless you're the person who is rule-averse, regulation-challenged, or just can't follow directions.

      [Reply ]

    Re:
    Posted on: 2018-07-09 19:55:17   By: Anonymous
     
    Thieves

    [Reply ]

      Re:
      Posted on: 2018-07-23 23:13:02   By: Anonymous
       
      The county is not thieving. If citizens can't follow the rules and want to be hand-held while they waste everyone's time exhausting appeal after appeal, then it's not in our best interest to support this kind of systemic looting of our funds. 8.06? Good on you, county. Good on you, Ethan. Growers need to stop asking for special favors. No other business besides commercial marijuana growing has gotten to open up shop before having permits. Grow the heck up.

      [Reply ]

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    [Reply ]

      Re: LOAN OFFER APPLY NOW
      Posted on: 2018-07-10 10:49:06   By: Anonymous
       
      Calaveras County needs a cool. $9.3 million dollar loan. Thank you Gary, Jack, Michael, Dennis, Clyde and Tim.

      [Reply ]

        Re: LOAN OFFER APPLY NOW
        Posted on: 2018-08-05 12:13:08   By: Anonymous
         
        Who is Tim?

        [Reply ]

No Subject
Posted on: 2018-07-09 20:03:53   By: Anonymous
 
Shame on the supervisors to erode property rights just for a revenue grab!!

[Reply ]

    Re:
    Posted on: 2018-07-09 21:20:05   By: Anonymous
     
    Property rights are not incompatible with code compliance. Just follow the rules. Keep your silly containers within code. Stop heating them up with electricity without permits. Get with it.

    [Reply ]

      Re:
      Posted on: 2018-07-09 21:26:12   By: Anonymous
       
      silly containers, best heated with electricity.

      [Reply ]

        Re:
        Posted on: 2018-07-09 21:51:56   By: Anonymous
         
        The noise from the growers is getting smaller and smaller

        [Reply ]

          Re:
          Posted on: 2018-07-09 22:33:55   By: Anonymous
           
          Blame it on the Fuhrer and his bitch.

          [Reply ]

          Re:
          Posted on: 2018-07-10 12:36:49   By: Anonymous
           
          Exactly right. Time to go after all the granny units you put in on the back forty. Not to mention the rustic cabin you have listed on Air B&B - all without permits.

          [Reply ]

      Re:
      Posted on: 2018-07-09 23:14:22   By: Anonymous
       
      This is as you punish all the residents going after a dwindling pot market and chasing revenues to replace pot tax revenue

      [Reply ]

        Re:
        Posted on: 2018-07-10 01:30:07   By: Anonymous
         
        IDIOT HILLBILLIES, JUST CAN'T GET OFF THE POT! ARE YOU A ONE DIMENSIONAL PIECE OF SH*T?


        [Reply ]

          Re:
          Posted on: 2018-07-10 04:00:11   By: Anonymous
           


          [Reply ]

    Re:
    Posted on: 2018-07-23 23:08:40   By: Anonymous
     
    8.06 is not an erosion of anything. Can't follow the rules? Too bad. Can't comply with codes? Again, too bad. Have a problem with keeping your property up to code? You guessed it. Too bad. You knew the rules. Don't ask for a long drawn-out appeals. Ethan Turner wrote brilliantly. Believe it.

    [Reply ]

Government GROWING ITSELF...
Posted on: 2018-07-10 06:16:08   By: Anonymous
 
...this is what happens when government grows itself ...it needs a bigger and bigger trof to feed itself! Shameful!!

[Reply ]

    Re: Government GROWING ITSELF...
    Posted on: 2018-07-10 07:37:27   By: Anonymous
     
    What is a "trof" you numbskull? Did you graduate from Bret Harte?

    [Reply ]

      Re: Government GROWING ITSELF...
      Posted on: 2018-07-10 08:36:13   By: Anonymous
       
      Stfu grammar nazi.. try to use your brain

      [Reply ]

        The Spelling Otter.
        Posted on: 2018-07-10 20:24:32   By: Anonymous
         
        Ever been bitten by an otter?

        [Reply ]

      Re: Government GROWING ITSELF...
      Posted on: 2018-07-10 10:19:30   By: Anonymous
       
      Must have been a 80s educated child when CA schools experimented with phonetic reading and writing for a bit.

      [Reply ]

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[Reply ]

Just more smoke and mirrors.
Posted on: 2018-07-10 09:59:52   By: Anonymous
 
WARNING!!! DANGER!!!
(More wolves in sheep clothing)
Article above by: Colleen Platt of MyValley-Springs.com
Her husband: http://www.calaverasenterprise.com/news/obituaries/article_c5f7ea99-6cd8-531d-b3fc-453001195b63.html

Many years at sea, rotting shipping containers are not what should be allowed in our residential areas.

Their interest: https://www.youtube.com/watch?v=53JUk-7-DDM

The reality: https://www.youtube.com/watch?v=I2G4jLFo0zI

And, look who has just happened to grab onto the little article on The Pine Tree: http://slonorml.org/property-rights-abuse-concerns-about-chapter-8-06-proposed-rewrite-tuesday-by-colleen-platt-the-pine-tree/

STAY AWARE!!!

[Reply ]

    Re: Just more smoke and mirrors.
    Posted on: 2018-07-10 10:08:36   By: Anonymous
     
    And promoting all the attacks on our public media sites.
    http://slonorml.org/category/calaveras/

    [Reply ]

      Re: Just more smoke and mirrors.
      Posted on: 2018-07-10 13:16:23   By: Anonymous
       
      I took the bait McAnus and clicked he link. Growing pot in shipping containers has always been banned, even during the regulation “experiment”. Why throw the baby out with the bath water and lump us hard working people in with the Dopers?.

      I like my shipping container. I want to keep it. It will outlast any shed and is mouseproof. You can’t see it from the road. What’s the problem?

      [Reply ]

        Re: Just more smoke and mirrors.
        Posted on: 2018-07-10 16:14:40   By: Anonymous
         
        Educate yourself. Ignorance or the law has never been a viable legal excuse.

        [Reply ]

          Re: Just more smoke and mirrors.
          Posted on: 2018-07-10 16:17:30   By: Anonymous
           
          Please excuse my typo of, not or. Thank you.

          [Reply ]

        Re: Just more smoke and mirrors.
        Posted on: 2018-07-10 16:26:27   By: Anonymous
         
        Because it was is banned does not mean it did not, or is not happening.

        [Reply ]

          Re: Just more smoke and mirrors.
          Posted on: 2018-07-11 09:53:39   By: Anonymous
           
          Exactly. No law you write is going compell lawless people to follow them. Your only hurting the law-abiding citizens.

          [Reply ]

            Re: Just more smoke and mirrors.
            Posted on: 2018-07-23 23:20:52   By: Anonymous
             
            Only the law abiding growers are affected? What a load of crap. There's not much difference between the "good" growers and the "bad" growers. Who is the guy who brought the gangland group here to mess with him (and possible hurt us)? Is he a good growers or a bad one. You know they are manufacturing by bringing a mobile service to their grows. Are these good or bad growers? What about those who can't follow the very rules they demand? Good or bad?

            [Reply ]

    Re: Just more smoke and mirrors.
    Posted on: 2018-07-10 17:32:22   By: Anonymous
     
    Feb. 2017. What's this? Cargo container off of the N. side of 49 between San Andreas and Mokelumne Hill. Just as you crest the hill, on the right, before the refuse transfer station and Golden Hills Subdivision. Golden Hills Subdivision has a homeowners association that does not allow growing marijuana. If you really wanted to hide it you might get a cargo container.

    https://www.google.com/maps/@38.2468503,-120.7196822,3a,37.5y,90h,90.46t/data=!3m6!1e1!3m4!1ssuA1ym_xDO60OesGO3L5cg!2e0!7i13312!8i6656

    Illegal road to get the container in. Looks like a water meter box in ground there. Also a broken down backhoe, the container sat on the state easement for several years before being moved onto property. Vehicles are traveling over the State Highway asphalt drainage berm to get in and out of this property.

    https://www.google.com/maps/@38.2466158,-120.7197315,3a,75y,180h,90.46t/data=!3m6!1e1!3m4!1sBOlcNs2sVS1L4RvgOeiRSw!2e0!7i13312!8i6656

    [Reply ]

      Re: Just more smoke and mirrors.
      Posted on: 2018-07-11 11:09:03   By: Anonymous
       
      Is this your property? If your answer is no you need mind your own business.


      [Reply ]

No Subject
Posted on: 2018-07-10 10:16:10   By: Anonymous
 
The document may not be the best written but they've got a point. Code compliance has been a bit of a joke in recent years with the county only looking at newbies and their projects. My neighbor of a few years had to pull a permit to save his barn left rotting for generations by the previous family yet somehow they were never cited for 40 plus years of neglect. Time for all to follow the same code and pay their fair share if this is the revenue stream the county is now going after.

[Reply ]

No Subject
Posted on: 2018-07-10 10:18:28   By: Anonymous
 
Complaints brought by the same people who couldn't be bothered to get insurance before the Butte Fire yet expect government to replace their home or at least give them a trailer. Sorry, you need to contribute and be part of our greater society.

[Reply ]

    Re:
    Posted on: 2018-07-23 23:25:41   By: Anonymous
     
    Yes. While I feel so sorry for anyone who's home is burned, this situation begs the questions: Who lives in a home that has no insurance? Who lives in one that can't be insured? Who expects others to provide them with a home due to their poor planning, inability to pay, or willingness to live in something safe that they can afford. Yes. There is safe housing to be had for those of limited means. This "I have to live in a non-permitted, unsafe storage container" and "mind your own business" makes no sense. We are all affected by people's choices.

    [Reply ]

Public notice
Posted on: 2018-07-17 12:22:20   By: Anonymous
 
Any change in ordinance should be made easily available to each resident in the county by mail. Not everyone is on line or attends the meetings. How is anyone reasonably expected to comply with regulations they don't know exist? The county better hire some more lawyers because you can bet this will end up in court.

[Reply ]

    Re: Public notice
    Posted on: 2018-07-23 23:27:43   By: Anonymous
     
    Oh no you don't. It's not the county's responsibility to pay for one single postage stamp to notify some resident of changes, additions, deletions, to code. Get yourself into the county and get informed. Not knowing the rules is not an excuse to break them.

    [Reply ]

    Re: Public notice
    Posted on: 2018-08-22 17:11:44   By: Anonymous
     
    And who said that this enforcement is selective? Do you have proof of that? I don't think so!

    [Reply ]


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Cave, Mine & Zip Lines
Fox Security
Bistro Espresso
Pinnacle Physical Therapy
Chatom Winery
Middleton's Furniture
Bear Valley Mountain Resort
Paul D. Bertini
Premier Properties
High Country Spa & Stove
Sierra Logging Museum
Calaveras Mentoriing

Ebbetts Pass Scenic Byway
Sierra Logging Museum
Jenny's Kitchen

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