File #: 21-923    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/28/2021 In control: Planning and Building
On agenda: 11/2/2021 Final action: 11/2/2021
Title: 1:00 PM - Administrative Civil Penalty Assessment Appeal Hearing on Property Located in the 6000 block Elk River Road, Eureka (APN 304-211-011).
Attachments: 1. Staff Report, 2. Attachment A - Grant Deed.pdf, 3. Attachment B - Notices of Nuisance.pdf, 4. Attachment C - NOV 10-25-2017.pdf, 5. Attachment D - Inspection photos 9-15-2017.pdf, 6. Attachment E - Appeal Request.pdf, 7. Attachment F - Finding of Nuisance and Order of Abatement and Finding of Violation and Order Imposing Administrative Civil Penalty.pdf, 8. Attachment G - Executed Compliance Agreement.pdf, 9. Attachment H - Effect of Noncompliance with Compliance Agreement.pdf, 10. Attachment I - Notice of Admin Penalty Assessment.pdf, 11. Attachment J - NACPA Appeal Forms.pdf, 12. Attachment K - Weltsch Settlement Offer.pdf, 13. Attachment L - Response to Settlement Offer.pdf, 14. Attachment M - Inspection Photos 4-6-2021.pdf, 15. Attachment N - Resolution Weltsch.pdf, 16. Executed resolution 21-119.pdf
To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Time Certain Matter

SUBJECT:
title
1:00 PM - Administrative Civil Penalty Assessment Appeal Hearing on Property Located in the 6000 block Elk River Road, Eureka (APN 304-211-011).
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:

1. Adopt a Resolution to confirm the Administrative Civil Penalty Assessment in the amount of $36,977.05 on the property located in the 6000 block Elk River Road, Eureka (APN 304-211-011) which contains violations of various Humboldt County Code sections in accordance with Section 352-19 titled Administrative Civil Penalty Assessment Appeal Hearing of Title III, Division 5, Chapter 2 of the Humboldt County Code.

Body
SOURCE OF FUNDING:
Property Owner

DISCUSSION:
The Board of Supervisors is being asked to confirm a proposed Administrative Civil Penalty Assessment against Werner Weltsch, Jonathan Weltsch and Sarah Weltsch involving real property located in the 6000 block of Elk River Road in Eureka (APN 304-211-011) in the amount of $36,977.05. The decision before your Board is solely regarding the administrative civil penalties and not about whether the code violations continue to exist at the subject property. Humboldt County Code (HCC) section 352-19(a) states in part that "the Humboldt Board of Supervisors shall hear testimony and consider evidence concerning the validity of the proposed assessment and any other matters deemed pertinent."

The property owners have had multiple opportunities to address the code violations on their property under terms that would have avoided any administrative civil penalties. It is due to the property owners lack of response that administrative civil penalties have accrued.

Background
The violations on the property date back to referrals and complaints from Humboldt County Division of Environmental Health, and from citizens in 2014. The property owners were initially issued a Noti...

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