LOYALTON MOBILEHOME PARK was a timed item at the Sierra County Board of Supervisors’ meeting in Loyalton on Tuesday, October 17th. A presentation was given to the Supervisors and concerned residents of the Park by Mark Adams, owner of the California Receivership Group.
Adams said a Receiver is a court officer appointed by a judge and under the judge’s supervision he will take over the site and be responsible from this point forward since the permit was revoked. His plan, once appointed, was to come up the following week for initial work and inspection.
Adams said work would move very quickly once the Receiver was in place. He stated he would start to arrange the financing to do the work and planned to do some haul outs of abandoned cars and trash the following week. Adams continued, they will look at which of the coaches need to be demolished and hauled out, adding some were decent quality, but others are a danger. He said they would work out a relocation plan as residents will not be allowed to stay there but also to have enough money to start somewhere else. He didn’t know at this meeting if it would be a demolition or a rehab, though the target was to be done within 6 months. He said they would be looking for local people to hire.
From the audience it was asked if he was there to fix the Park. Adams hoped it would be housing, but didn’t want to be too specific yet. Other audience members mentioned people bringing in trash not lawfully living there. Adams stated he was aware of the vagrant problem, and did not need to file unlawful retainers to evict since the court is taking possession of the property. He expects everyone will have to leave during the rehabilitation process. Adams stated this was not draconian in a sense that a hammer was coming down, adding the whole point was to make the site safe for the community. He stated they would sit down with each person because each person is a different situation. Jason VanDaam from Loyalton City Council asked what would happen with the water and sewer payments. Adams said utility payments are now his responsibility and said to think of him as the owner of the property, since the court now has jurisdiction. Loyalton Mayor Mark Marin had several issues with the water and sewer and two manholes on the property he wanted to talk to Adams about, to which Adams was agreeable. Adams stated in comparison, the most relevant project was 267 units in Duraville on Indian land and legally was far more complex than Loyalton’s. He continued that the sewage system was a series of five ponds, and the problem was the ponding system stalled, but stated the “point is we solved the problem.”
Direction from the Board to pursue the appointment of Mark Adams as receiver to the Loyalton Mobilehome Park was approved unanimously.
IN A TOTAL SURPRISE to the City of Loyalton, State officals from the Department of Housing and Community Development passed out “Important Legal Notices” to those living at the Loyalton Mobile Estates. Vice Mayor Nancy Rogers heard of the notices and asked a resident, being handed the following:
NOTICE: HCD REVOCATION OF PERMIT TO OPERATE - LOYALTON MOBILEHOME PARK,
EFFECTIVE: October 6, 2017 The Department of Housing and Community Development (HCD) has revoked the Loyalton Mobilehome Park’s (Park) Permit to Operate (PTO) effective today, October 6, 2017.
The effect of the PTO revocation will result in the following:
1. Termination of the Park’s legal right to lawfully operate as a mobilehome park’
2. Termination of HCD as the enforcement agent for the Park;
3. Cease to exist as a lawful mobilehome park, in accordance with the California Health and Safety Code section 18214; and
4. Transfer the land use jurisdiction for the Park to the local government enforcement body for the County of Sierra (County).
Since the Park’s HCD issued operating permit is revoked as of October 6, 2017, the Park land’s use will revert to the local government land use and zoning jurisdiction for the County. All current residents, tenants and non-tenants, will be subject to the County’s local land use and zoning laws which may include removal from the property in accordance with the law.
The letter indicates all questions should now be directed to the Sierra County Planning Department.
HCD had posted a Notice of Suspension of Annual Permit to Operate for the Mobilehome park effective December 15, 2015 making it, “no longer a legitimate mobilehome park for the purposes of California Health and Safety Code. It is not legal for the owner/operator of this property to charge or accept rent for lots in the park, or for rental mobilehomes or recreational vehicles he/she may own that are in the park.”
According to Lisa Campbell, Attorney for Legal Affairs Division, Department of Housing and Community Development, Sierra County deserves the credit for the Receivership. Lisa and Evan Gerberding, Communications Deputy for the Department, were both adamant the Department had exhausted all administrative remedies. They were aware of the Receivership yet had not been notified that Mark Adams, owner of the California Receivership Group, had been appointed and that made them very happy.
Our concern is over the owner of the park not having been charged. According to Sierra County District Attorney Larry Allen, until it revoked the license, the State had exclusive jurisdiction and stated there may be a problem with the statute of limitations because the State took so long. He stated there is no complete report, yet the owner may have been taking money and not passing it on like part of the rent going to the City for water and sewer. He said citations for building violations could be enforced.
Lisa Campbell calls it the “missing piece:” Griggs was a managing member of an LLC operating in the State of Nevada and limits the State in its ability. She said Nevada LLC protects managers more than in California. She said the State faced “no other alternative,” and brought the County on board. The park’s license was revoked after having worked on it since 2009 and it needs a legislative fix. She suggested the County may be able to go after the LLC for costs but that would require a legal case to show the owner was personally liable.
Once the park is cleaned up, it is legally not an operative park. Those legal residents have to be moved. “Our hearts go out to those families,” Campbell stated. “We’ve done all we can do.”
Welcome to Sierra County, Mark Adams!
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