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HEARING - Planning and Building Department, Code Enforcement Division, recommending the Board adopt and authorize the Chair to sign Resolution 022-2025 placing a lien on the property located at 6458 Pony Express Trail in Pollock Pines, identified by Assessor’s Parcel Number 009-350-064, owned by Lisa and Alexis Watt, Kilo Watt Investments for the outstanding fees for Code Enforcement Cases and Structural Abatement at this address in the amount of $48,217.38.
FUNDING: General Fund (Code Enforcement Abatement Fund).
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DISCUSSION / BACKGROUND
On December 9, 2021, Code Enforcement initiated the first report on the condition of this property. Upon inspection by the Code Enforcement Supervisor, it was observed the property was a vacant commercial property formerly operating as a Taco Bell restaurant. At that time, the property was vacant, had one broken window, and graffiti at the rear exterior portion of the building. Due to the condition of the property, Code Enforcement deemed the building vacant and in violation of El Dorado County Ordinance 9.02.600, which states that no owner shall allow a building designed for human use or occupancy to be a vacant building without active maintenance for more than 30 calendar days.
On December 16, 2021, Code Enforcement sent a Notice to Correct to the property owner for the vacant building violation detailing that the vacant building fines would be imposed on December 25, 2021 if the property was not brought into compliance by that date. The owner did not respond to Code Enforcement’s notice or take any corrective actions.
On October 26, 2022, a second Notice to Correct was sent by Code Enforcement to the property owners again notifying of the vacant building violations and that fines would be imposed on November 25, 2022 if the property was not brought into compliance or abated. The owner did not respond or take any corrective actions at that time.
On December 1, 2022, Code Enforcement Supervisor returned to the property and Red Tagged the structure “Vacant Building”. The Red Tag stated the requirements for monitoring and maintaining the property in accordance with County Ordinance 9.06.600. At this time additional damage and broken windows were observed.
Code Enforcement staff attempted for several months to contact the owner of this property through their LLC service agent, "DBA Landlord/Fixtures” based in Wyoming. All the notices were sent to the LLC service agent and then forwarded onto the owners who did not respond.
On February 6, 2023, the County's Facilities Division staff boarded up and fenced off the vacant building per El Dorado County Ordinance 9.02.300 and billed the owner for this service.
On April 4, 2023, Code Enforcement received a check for the reimbursement of the cost of boarding up the property. The owners, Kilo Watt Investments LLC, also provided an updated mailing address and phone numbers.
On September 13, 2023, a fire destroyed most of the building but with exterior walls still left standing. County Building Inspectors conducted a disaster activity inspection on September 15, 2023 to document the damage caused by a fire to the property.
On December 2, 2023, the property was re-fenced and boarded up by Facilities staff. The Code Enforcement Supervisor conducted an inspection on December 7, 2023 and Red Tagged the structure as dangerous.
On April 5, 2024, Code Enforcement issued a Notice to Abate to the owners. The owners did not respond to the Notice to Abate and did not take any actions to demolish or repair the building. After numerous failed attempts to contact the owners, staff emailed the owner’s attorney from June 5, 2024 to July 12, 2024 and did not receive a response to the Notice to Abate and no action was taken to abate the structure.
On November 3, 2024, Planning and Building Department and Demolition Services & Grading, Inc. (DSGI) executed Work Order #1 for Agreement of Services 8870 for the demolition of the Taco Bell and removal of all associated debris.
On December 9, 2024, the County was granted a Warrant to Inspect and Abate the Real Property Located at: 6458 Pony Express Trail, Pollock Pines, CA 95726, Assessor’s Parcel Number 009-350-064. This Warrant requires posting on site for a minimum of 24 hours before abatement can commence. Code Enforcement Supervisor Nick Heuer posted the site.
On December 12, 2024, DSGI performed the demolition of the vacant/unsafe Taco Bell structure and removed all associated debris.
Approval of this Resolution will allow a lien to be placed on the property for all outstanding fees.
ALTERNATIVES
The Board may choose not to adopt the Resolution establishing the lien to the current owner of APN 009-350-064, this would result in a loss of revenue owed to Code Enforcement for the cost of abatement.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel has approved the proposed Resolution
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Lien amounts collected will allow the County to recover costs incurred to remedy the property of its violations. Code Enforcement maintains an Abatement Fund that is used to pay the up front costs of abatement. Prior to the sale of the property, the lien must be cured and the funds received are placed back into the Abatement Fund.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on the Resolution.
2) The Clerk of the Board will have a certified copy of the Resolution recorded.
3) The Clerk of the Board will provide a certified copy of the Resolution to Chris Smith, Planning and Building Department for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Nicolaus Heuer, Acting Code Enforcement Supervisor
Planning and Building Department