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EDITORIAL: When is Enough, Enough?

8/26/2017

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WHEN IS ENOUGH, ENOUGH?
A letter, dated August 1st was received by City of Loyalton from State of California Business Consumer Services and Housing Agency over current enforcement status of the Loyalton Mobilehome Park.
According to the letter, the Department filed a request to Sierra County District Attorney on April 17th, 2017 to exercise its mandatory duty to file a civil nuisance abatement action against the Park landowner. 
The park owner, Steven Griggs, who had abandoned managerial control of the park was located May 10th and was issued a Notice of Abatement Order that corrections would be verified by the Department on May 23rd, Failure could result in civil or criminal action and failure to abate could result in revocation of the park’s permit to operate and provide an additional ground for establishing a public nuisance in Sierra County’s planned nuisance abatement actions, and an Abatement Order to correct the health and safety violations in the park by May 22nd. 
•  On May 12th the Department and Sierra County officials met “to devise a plan to move forward in a coordinated manner and exercise their respective jurisdictional authority to 1) close the park; 2) relocate lawful residents and 3) remove non-tenants from the Park.
•  Not surprising, on May 23rd the Department determined the owner had not made any correction to the health and safety violations. Griggs requested from the Department an informal conference on June 14th to discuss the alleged violations.
•  And on June 2nd the Department determined the existence of four new health and safety violations that are imminent hazards. A new Notice of Violation was issued to the owner.
•  And again on June 14th was the informal conference with the owner and the Department which provided 10 working days to complete the informal conference determination report and provide a copy to Griggs who was apprised of his right to request an informal hearing within 10 days on the violations in the Park and as to whether he is responsible for the park violations. According to the letter, “The Department intends to revoke the Permit to Operate approximately 30 days after receipt of the owner’s request (or upon no request) for in-
   formal hearing.”

* * * * *

Revocation of the permit to operate will terminate the park’s legal rights as a mobilehome park under MPA and jurisdiction over the land-use would revert to the zoning and land use laws of Sierra County and Loyalton with the Department having no legal jurisdiction or authority over the park.
That 30 days would have been July 14th and it is now August 24th.
The Department had suspended its permit to operate on December 31, 2015 which was said prohibits operation, occupancy, rental, lease, sublease, demand or collection of rent, or hiring out occupancy for any lot yet only allowed residents to reside rent and water and sewer free and for squatters to move in.
With an absent park owner, uncorrected health and safety violations and city and county utility rate structures  for water, sewer and trash allowed for four separate lien auctions in 2016 with no viable bidders.
Now located, the owner must be held responsible. 


* * * * *

THE LETTER admitted, “The Park’s health and safety conditions worsened in the latter part of 2016 and early 2017, the Department and county concerns for health and safety of the lawful residents of the Park increased. The Department became aware that there were now additional imminent hazards inside the Park due to vagrants and trespassers occupying the Park, creating conditions such that it is not safe for the lawful residents or the neighboring community, thus becoming a public nuisance.”
To summarize, the letter states, “The Department has exhausted all avenues to assist in the remediation of the Park’s health and safety violations. The Department now plans to move forward to revoking the Park’s permit to operate and will continue to work with Sierra County.”

* * * * *

REVOCATION would remove all State protection in the park, according to a State representative at a Sierra County Board of Supervisors’ meeting on April 19, 2017. Yet, residents have seen no “protection” and it is now going into fall and it is questionable how, when and where lawful residents will be relocated.


* * * * *

THE LETTER is signed by Alexis A. Podesta, Secretary, State of California Business, Consumer Services and Housing Agency. According to Google, Gov. Jerry Brown filled two top-ranking vacancies in the agency that regulates housing and professional licenses with one of his former political aides and with a senior Democratic staff member from the Legislature.
He named Alexis Podesta, 36, a former staff member in his office, to become the secretary of the Business, Consumer Services and Housing Agency. Podesta has carried out that job as acting secretary since November 2015, when former Secretary Anna Caballero re-entered elected politics in a successful campaign for an Assembly seat.
Podesta’s position paid at that time $194,105 a year. She worked for Brown from 2011 to 2015 as director of external affairs and director of international affairs. Previously, she worked for Sen. Dianne Feinstein, Pacific Gas and Electric Company and the Walt Disney Company.




 
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