The city of Point Arena doesn’t have an
effective code enforcement system, but local officials have given preferential
treatment to City Council members, the Mendocino County grand jury said in a
new report.
The grand jury alleges that a City Council
member was allowed to reside in an unpermitted structure with no sewer hookups,
and another to operate a biofuel diesel business without a license.
In 2014, the city allegedly cited the owner of
a commercial building, a member of the public and not affiliated with local
government, without a residential permit for having an occupant residing in the
structure that was for commercial purposes, the grand jury found. County
planning and building staff and the Sheriff’s Office assisted in the
enforcement action at the city’s request.
However, in another case, the grand jury said
the city ignored complaints that a City Council member was living in an
unpermitted structure in the city that had no sewer hookups, and the council
member was disposing of human and other wastes on site illegally, which was
close to the Point Arena Creek.
The Mendocino County Code Enforcement and
Environmental Health divisions also received complaints regarding the alleged
problem, according to the grand jury, but no action was taken based on
“jurisdictional limits.”
The grand jury said county Environmental
Health began to investigate in January 2015, but staff was instructed to
suspend the investigation and any action because the city of Point Arena was expected
to handle the issue.
Because the grand jury consulted with the
Mendocino County District Attorney’s Office in September 2015, the county
became involved once more, and Environmental Health staff renewed its
investigation at the direction of the DA, the grand jury said.
One of the City Council members and a
“partner” was charged by the Mendocino County district attorney with a
misdemeanor public nuisance charge stemming from the alleged unpermitted
occupancy and relating to the improper waste disposal, the DA’s Office
confirmed Wednesday. The grand jury said the complaint was filed in December
2015 in Superior Court.
Both the City Council member and partner
pleaded guilty on April 4, 2016 to the charges, and agreed to not violate laws
for the next two years, including those for sewage, while inhabiting the
property.
In addition, the DA is seeking investigative
costs of at least $4,300, which the grand jury says could be awarded at the
judge’s discretion. A restitution hearing has been set for mid-May.
The grand jury believes, based on its
investigation, that some members of the City Council “have put direct pressure
on city staff to contravene portions of the city code and policies concerning
land use.”
Point Arena has a budget for the 2015-16
fiscal year of just over $877,000, the grand jury cited. Only five people are
employed under a full time classification.
City of Point Arena management and its
attorney conduct code enforcement within the city on an ad hoc basis, according
to the grand jury, which says “has not been applied evenly, but rather
preferentially.”
Mendocino County Planning and Building
Services are also contracted by the city for permit processing and inspection,
along with a contracted private planner for “actual” city planning. There is no
city-based code enforcement department or outside contract in place for code
enforcement services, according to the grand jury.
Mendocino County has apparently approached the
city of Point Arena to provide code enforcement services by contract, according
to the grand jury. The City Council has also passed a resolution authorizing
its city manager to further pursue such a contract, but the grand jury noted
the city has yet to do so.
The grand jury recommends that:
• The city of Point Arena immediately follow
through contracting with the county for code enforcement services.
• Members of the Point Arena City Council
should cease and desist from approaching and applying pressure to city staff in
attempts to circumvent city procedures and ordinances.
• The city take action to cease code
enforcement violations by City Council members.
• The city be consistent in its enforcement of
land use and zoning codes, and immediately cease favoritism toward any
individual or group.
• The DA monitor the nuisance case and the
defendant’s compliance with nuisance abatement, and proceed with subsequent
criminal prosecution of the City Council member charged with a misdemeanor, if
any further action is warranted.
The grand jury is
requesting responses from the Point Arena city manager, City Council, county
director of Environmental Health, and county director of Planning and Building.
April 13, 2016
Ukiah
Daily Journal
By Adam
Randall
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