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File #: 21-1591    Version: 1
Type: Agenda Item Status: Continued
File created: 9/30/2021 In control: Board of Supervisors
On agenda: 10/19/2021 Final action:
Title: HEARING - To consider an appeal to the Board of Supervisors in the matter of Patrick Delaney's contested Code Enforcement cases (CE20-0684 & CE20-0685) and the Administrative Order for County ordinance violations including; an unpermitted structure, unpermitted grading, unpermitted outhouse, and occupancy of a recreational vehicle. Staff recommends the following: 1) Deny Mr. Delaney's appeal to overturn the decision of the Hearing Officer; and 2) Uphold the decision of the Hearing Officer that would provide the following: a) The appellant is to pay the fines set by the administrative decision dated August 24, 2021; and b) Fines to accrue commencing September 24, 2021 as determined by the Hearing Officer.
Attachments: 1. A - CE20-0684-CE20-0685 Administrative Hearing Binder 8-12-21
Title
HEARING - To consider an appeal to the Board of Supervisors in the matter of Patrick Delaney's contested Code Enforcement cases (CE20-0684 & CE20-0685) and the Administrative Order for County ordinance violations including; an unpermitted structure, unpermitted grading, unpermitted outhouse, and occupancy of a recreational vehicle. Staff recommends the following:
1) Deny Mr. Delaney's appeal to overturn the decision of the Hearing Officer; and
2) Uphold the decision of the Hearing Officer that would provide the following:
a) The appellant is to pay the fines set by the administrative decision dated August 24, 2021; and
b) Fines to accrue commencing September 24, 2021 as determined by the Hearing Officer.
Body
DISCUSSION / BACKGROUND
On September 10, 2020, the Sheriff's Western El Dorado Narcotics Enforcement Team (WENET) conducted a site visit at Mr. Delaney's property via search warrant. WENET eradicated 96 active cannabis plants on the spot. Code Officers were then able to inspect the remainder of the property for violations. Violations were documented and a Notice to Correct was sent to Mr. Delaney on 9/10/2020. He received a second letter, Notice of Violation on 10/19/2020, and an Administrative Citation Notice on 11/23/2020. On December 2, 2020, Mr. Delaney requested an Administrative Hearing as well as a waiver of the hearing fee, this request was granted. Mr. Delaney requested a delay in scheduling the hearing until he returned from wintering in Mexico. The Code Enforcement Supervisor Agreed and the hearing was scheduled for June 2, 2021. The Hearing Officer's decision included a follow up hearing to allow Mr. Delaney to make progress on his abatement of the violations. The follow up hearing was held on August 12, 2021. The Hearing Officer upheld the yurt violation and imposed a penalty of $500; upheld the outhouse violation and imposed a penalty of $500; upheld the grading violation and imposed a penalty of $500. The Hearing Officer dismissed the ...

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