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HomeMy WebLinkAbout13 - 1918 Dover Drive Nuisance and Order of Abatement• CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 February 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Office of the City Attorney Daniel K. Ohl, Deputy City Attorney (949) 644 -3131 dohl(cDcity.newport- beach.ca.us SUBJECT: APPEAL OF DETERMINATION THAT PROPERTY AT 1918 DOVER DRIVE IS A PUBLIC NUISANCE AND ORDER OF ABATEMENT RECOMMENDATION: 1. Deny Appeal and Uphold Determination that property is a public nuisance and Order of Abatement; 2. Adopt Resolution ordering owners of 1918 Dover Drive to abate public nuisance within 30 days; 3. Direct staff to pursue abatement if owners fail to comply. DISCUSSION: Background: The condition of the property at 1918 Dover Drive has been a source of complaints from neighbors since as far back as 1961. In April of 1987, City staff declared the property to be a public nuisance and the conditions were subsequently abated. A detailed list of ongoing issues was identified by code enforcement in December of 1995. The list was used to obtain a default judgment from the Superior Court requiring the property owners to quit maintaining any unpermitted conditions on the property. A total of 16 administrative citations had been issued between March of 1996 to July of 2003, which has resulted in little, if any, impact in correcting the conditions. Current Proceedings: On September 8, 2003, code enforcement performed an inspection of the property, took detailed photographs and prepared a memorandum outlining the various violations found. On October 17, 2003, code enforcement performed a second inspection of the property, took detailed photographs, and determined that violations continued to exist. On that Appeal of Determination February 10, 2004 Page 2 date, the first Notice to Correct Code Violations was posted on site, and included copies of the photographs depicting the conditions. The property owners were given seven days to make the required corrections. On October 24, 2003, the property was inspected. It was noted that some items had been removed but that other items had been added. On October 27, 2003, a second Notice to Correct Code Violations was posted on the site, along with copies of photographs depicting the conditions. The property owners were given an additional seven days to make the necessary corrections. On November 3, 2003, a fourth inspection of the property was performed and photographs were taken. The inspection revealed that some items had been removed but the new items had been added. On November 10, 2003, Notice of Public Hearing was posted on the property On November 24, 2003, a public hearing was held before a hearing officer. Following a staff presentation and the submission of numerous letters from members of the public, testimony was taken from the public. Dr. Thomassen appeared and participated in the • hearing. At his request, Dr. Thomassen was given until December 3, 2003 to submit any information he wanted the hearing officer to consider before making his findings. On November 26, 2003, an updated punch list of violations was hand delivered to the property owners and posted on the property. On December 3, 2003, staff received notification from Dr. W. Douglas Brodie that Dr. Thomassen was in Reno, Nevada, under his care for lymphoma and would remain at his facility for a minimum of 10 days. On December 10, 2003, Dr. Thomassen was advised by the hearing officer that he would have until December 19, 2003, to provide any written materials to the hearing officer for consideration. No materials were submitted. On December 19, 2003, the hearing officer submitted his findings and recommendations that the property constituted a public nuisance as defined by Newport Beach Municipal Code Section 10.50 et. seq. On January 7, 2004, the City Manager issued findings declaring the property a public nuisance and ordered abatement of the conditions no later than February 2, 2004. On January 20, 2004, the Notice of Appeal was submitted to the City Clerk. Appeal of Determination February 10, 2004 Page 3 Current Status of the Propert y: On February 3, 2004, code enforcement inspected the property and determined that the conditions had not been corrected. Abatement: Staff has been contacted by Terry Debay who has offered, along with others from "Go and Do Likewise', to assist the property owners in cleaning up the property, abating the conditions which constitute a nuisance and painting the exterior of the residence. A meeting was held at the property on January 26, 2004 to go over the details of the proposed assistance. Due to existing commitments, Mr. Debay and his group are unable to begin with their assistance until the first week in March. Dr. Thomassen has indicated that he is agreeable with this as a solution. Environmental Review: The project has been reviewed and has been determined to be exempt from the California Environmental Quality Act (CEQA) under Class 21 (Section 15321) Enforcement Actions by Regulatory Agencies. Public Notice: Notice was posted on the property on January 30, 2004, a copy was placed in the mail box and mailed to the property owners registered mail, return receipt requested on January 30, 2004. A copy was also mailed first class with a proof of service. Funding Availability: Alternatives: Prepared & Submitted by: SIGN \ UR Daniel K. Ohl, Deputy City Attorney Attachments: Resolution Attachments A - I 0 RESOLUTION NO. 2004 -_ 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING OWNERS OF 1918 DOVER DRIVE TO ABATE PUBLIC NUISANCE WITHIN 30 DAYS AND DIRECT STAFF TO PURSUE ABATEMENT IF OWNERS FAIL TO COMPLY WHEREAS, on September 8, 2003, City staff inspected the property at 1918 Dover Drive and found conditions which were in violation of City codes and requirements; and WHEREAS, on October 17, 2003, City staff sent the property owners at 1918 Dover Drive a Notice of Violation listing the conditions which were found to be in violation of the City's codes and regulations, copies of photographs depicting the conditions and seven days to correct the violations; and WHEREAS, on October 24, 2003, City staff reinspected the property at 1918 Dover Drive and found the conditions had not been corrected; and WHEREAS, on October 27, 2003, City staff send the property owners a second Notice of Violation listing the conditions which were in violation of the City's codes, photographs depicting the conditions, and gave an additional seven days to correct the violations; and WHEREAS, on November 3, 2003, City staff, reinspected the property at 1918 Dover Drive and found that the conditions had not been corrected; and WHEREAS, on November 10, 2003, City staff posted the property at 1918 Dover Drive, and mailed, first class and return receipt requested, with Notice of Hearing to determine if the property at 1918 Dover Drive was a public nuisance; and WHEREAS, on November 24, 2003, a public hearing was held before a hearing officer to make findings and recommendations on whether the property at 1918 Dover Drive was a public nuisance; and WHEREAS, on December 19, 2003, the hearing officer submitted his findings and recommendations that the property constituted a public nuisance as defined by Newport Beach Municipal Code Section 10.50 et. seq.; and WHEREAS, on January 7, 2004, the City Manager, after receiving and reviewing the findings and determinations of the hearing officer, and, after receiving and reviewing the evidence submitted, both oral and documentary, issued findings that the property at 1918 Dover Drive constituted a public nuisance pursuant to Newport Beach Municipal Code 10.50 et. seq., and issued an Order of Abatement to abate the conditions by February 2, 2004; and -1- WHEREAS, on January 20, 2004, the property owners at 1918 Dover Drive filed a Notice of Appeal of the determination that the property was a public nuisance; and WHEREAS, on February 3, 2004, City staff reinspected the property at 1918 Dover Drive and found that the conditions constituting a public nuisance as set forth in the findings had not been abated within the time specified; and WHEREAS, on February 10, 2004, the City Council heard and considered the Appeal of the property owners at 1918 Dover Drive that the property was a public nuisance and the Order of Abatement, and, upon review and consideration of all of the evidence submitted to the hearing officer, and, City Manager, and, following the submission of all evidence at the public appeal hearing; and NOW, THEREFORE, the City Council of the City of Newport Beach resolves: 1. There has been a long standing history of complaints concerning the conditions of the property at 1918 Dover Drive, as well as prior and repeated determinations that the condition of the property were not in compliance with various City codes and regulations; 2. The property owners have been given sufficient and adequate notice in the past • of the conditions which are in violation of the City's codes and regulations, and which were to be corrected, and, sufficient and adequate time and opportunity to make necessary corrections but have failed and refused to do so, and have not otherwise kept the property in a condition of compliance with City codes and regulations; • 3. The property owners have been given sufficient and adequate notice of the present conditions on the property that are not in compliance with City codes and regulations, have been given color copies of photographs depicting those conditions, and, sufficient and adequate time and opportunity to make necessary and required corrections, but have failed and refused to do so in a timely fashion, or at all; 4. The present conditions of the property, as shown by the evidence submitted to the hearing officer, and, as presented to and considered by the City Manager, is not in compliance with the requirements of Newport Beach Municipal Code Section 10.50 et. seq., and therefore constitutes a public nuisance for the reasons found and determined by both the hearing officer in his findings, and, as determined by the City Manager as set forth in his findings; -2- 5. That the property owners have failed to submit any evidence at any point • throughout the process as to how and why the property is in the condition that it is, or, as to how and why they have failed to correct and remedy the situation, or otherwise keep the property in such condition that it is not in violation of City codes and regulations; 6. That the property at 1918 Dover Drive is a public nuisance for the reasons and on the basis as set forth in the findings and recommendations of the hearing officer, and, as set forth in the findings of the City Manager dated January 7, 2004, both which are incorporated by reference; 7. That the property owners are hereby ordered to abate the conditions which constitutes a public nuisance, as listed in the findings of the City Manager dated January 7, 2004, within 30 days pursuant to Newport Beach Municipal Code Section 10.50.090; 8. That should the property owners fail and refuse to abate the public nuisance at 1918 Dover Drive within 30 days, the City will abate such conditions pursuant to Newport Beach Municipal Code Section 10.50.100; 9. That a report of the proceedings and an itemized account of the cost of abatement of the public nuisance shall be prepared and filed with the City Clerk; 10. That as a result of the foregoing, the appeal of the property owners at 1918 • Dover Drive is hereby denied. ADOPTED this day of February, 2004. ATTEST: City Clerk F:luserslcatls hared lda\Resolution\Thomassen.doc -3- MAYOR • Meeting Date: February 10, 2004 Agenda Item No.: 13 Subject: Appeal of Determination That Property at 1918 Dover Drive is a Public Nuisance and Order of Abatement. Attachments are available for viewing in the City Clerk's office. Thank you! n NOTICE OF APPEAL J. CITY CLERK'S NOTICE OF FEBRUARY 10, 2004 PUBLIC HEARING TO PROPERTY OWNERS RE: DECISION OF APPEAL OF DETERMINATION F: \users \cat \s ha red \d a \C CstaffRe po rts \1918dove rDrAttac hments.d oc ATTACHMENTS A. NOTICE OF PUBLIC HEARING B. EXHIBITS TO THE PUBLIC NUISANCE HEARING RE: 1918 DOVER DRIVE i. Letter of Helmy M. Guirgis, M.D. ii. Letters from public iii. Staff report Re: public nuisance at 1918 Dover Drive, November 24, 2003 1. Newport Beach Municipal Code Section 10.50 2. Notice of Existence of a Public Nuisance dated April 21, 1987 3. Memorandum regarding public nuisance dated May 14, 1987 4. Declaration of Jim Sinasek dated December 6, 1995 5. Declaration of Kathryn Kalanz dated December 2, 1995 6. Declaration of Ray Crandell dated December 2, 1995 7. Declaration of Jeff Winter dated December 15, 1995 8. Letter to George Thomassen dated January 23, 1996 9. Default Judgment by the Court dated September 26, 1996 10. Memorandum regarding 1918 Dover Drive dated September 9, 2003 11. Notice to Correct Code Violations dated October 17, 2003 12. Second Notice to Correct Code Violations dated October 27, 2003 13. Memorandum regarding 1918 Dover Drive dated November 3, 2003 C. REPORTER'S TRANSCRIPT OF PROCEEDINGS BEFORE THE HEARING OFFICER RICHARD J. MURPHEY DATED NOVEMBER 24, 2003 D. LETTER TO DR. & MRS. THOMASSEN RE: 1918 DOVER DRIVE DATED NOVEMBER 6, 2003 E. LETTER FROM W. DOUGLAS BRODIE, M.D. RE: ELMER THOMASSEN, M.D., DATED DECEMBER 3, 2003 F. LETTER FROM RICHARD J. MURPHEY RE: 1918 DOVER DRIVE DATED DECEMBER 10, 2003 G. FINDINGS AND RECOMMENDATIONS OF HEARING OFFICER RICHARD J. MURPHEY DATED DECEMBER 22, 2003 H. FINDINGS OF CITY MANAGER RECLARING PROPERTY A PUBLIC NUISANCE AND ORDER OF ABATEMENT DATED JANUARY 7, 2004 NOTICE OF APPEAL J. CITY CLERK'S NOTICE OF FEBRUARY 10, 2004 PUBLIC HEARING TO PROPERTY OWNERS RE: DECISION OF APPEAL OF DETERMINATION F: \users \cat \s ha red \d a \C CstaffRe po rts \1918dove rDrAttac hments.d oc NOTICE OF PUBLIC HEARING NOTICE OF HEREBY GIVEN that the City Manager of the City of Newport Beach has designated a hearing officer to hold a public hearing and make findings and recommendations on the issue of whether the single family residence at 1918 Dover Drive constitutes a public nuisance pursuant to Newport Beach Municipal Code Section 10.50. All items found to be a public nuisance will be removed from view from the public right -of -way. The conditions constituting the alleged nuisance are as follows: 1. Newport Beach Municipal Code Section 20.66.040(B)(3)(a) — Parking in required yards: A trailer is stored within the front yard setback area which is not allowed. 2. Uniform Building Code Section 1607.4.4 — Special roof loads: Various items are stored on the roof including, but not limited to, old tires, a table, a wood pallet and other covered storage items on the second story roof over the garage. The roof is not designed for such purposes nor approved for such by the building official. 3. New ort Beach Municipal Code Section 10.50.020(C) — Accumulation of rubbish, trash and debris: Various items are on the property are visible from the public right -of -way, including, but not limited to, a screen door, wood doors push lawn mower, a wood pallet, chairs, bricks, concrete rip rap, and other miscellaneous items. Other items are covered by black plastic covering approximately one half of the yard. 4. New ort Beach Municipal Code Section 10.50.020(F) — Obstruction of public way: In addition to a vehicle parked on the public sidewalk, a trailer tongue, the front of an autorr' bile, chair and other miscellaneous items obstruct the public right -of -way. ,i. 5. Newport Beach Municipal Code Section 20.60.020(A)(1) — Extension into yards: A partial fence in excess of the permitted three foot height limit exists in the front yard. 6. ; Uniform Administrative Code Section 301.1: An awning has been attached to a wall above a window without permits or inspections. NOTICE IS FURTHER GIVEN that a public hearing has been scheduled before the hearing officer designated by the City Manager at 4:00 p.m. on the 24Th day of November, 2003, in the Council Chambers of the City of Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard. In lieu of a personal appearance, interested persons may submit written materials to the Code and Water Quality Enforcement Manager for review and consideration by November 21, 2003. All submitted materials will be presented to the hearing officer. The proceedings will be recorded by a court reporter. For information call (949) 644 -3220. Jim Sinasek, Code & Water Quality Enforcement Manager, City of Newport Beach 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL (CCP§ 1013A, 2105.5) IN RE: Mr. Elmer & Joan Thomassen 1918 Dover Drive, Newport Beach, California, 92660 1. I declare that I am a citizen of the United States, that I am employed by the City of Newport Beach, that I am over 18 years old, that my business address is 3300 Newport Blvd., Newport Beach, California and that I am not a party to the within action. 2. I served the within: NOTICE TO PUBLIC HEARING SCHEDULED FOR NOVEMBER 24, 2003 on the person(s) named below by enclosing a true copy thereof in a sealed envelope addressed as shown below AND placing said envelope(s) for collection and mailing on the date and at the place shown in item 3 following our ordinary business practices. I am readily familiar with this business' practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 3. a. DATE OF DEPOSIT: November L, 2003 b. PLACE OF DEPOSIT: Newport Beach, California I declare under penalty of perjury under the laws of the State, ?f California that the foregoing is true and correct. EXECUTED on this November L, 2003, at Newport Beach, California. Signature: Debbie Alcara2V City of Newport Beach Dr. Elmer & Joan Thomassen 1918 Dover Drive Newport Beach, CA F:\ cat \debb ie \pleading \ThomasselDAproof.doc AD L-s] . FrsFC'ass Mtil UNITED STAI ea POSTAL St-WCS Postage &Fees Aald USPS Pemtit No. C -10 a Print your name, address, and ZIP Code in this box O Jim Sil e. , Cozie & w ter Qu l ttir a fcrcatolt Forger City of lit Reach 3300 Naapmt SIW* newp t Beadi, a, 92658 d 4.. #.. m SENDER: v W -complete items 1 and/or2 foraddldonal services. I also wish to receive the •Complete items 3,4a, and 4b. following services (for an. r'-•:. m a •Pdm your name and address on the reverse of this form so that we can retum this extra tea): : -... ri. card to you. th sAttach this foml to the from of the mailpiem, or on e back R space does not 1. ❑ Addressee's Address m: ..._.. m p ntee IRetum tit • W Receipt Requested' on the mailpiece below the article number. 2, ❑ Restricted Delivery ry y. ? � c Y •The Retum Receipt will show to whom the anide was delivered and the date delivered. Consult postmaster for fee. ti '•YIF#ti•:, O w 3. Article Addressed to: 4a. Article Number V m 70::0 0520 0020 8174 7797 6 E Dr. El= & Jcen 'Iharessen 4b. Service Type m- 1918 DaVer Drive ❑Registered Certified t Beech, rrA, 92.660 ❑Express Mal ❑Insured c ❑ Retum Receipt for Merchandise ❑ COD m 7. Date of Delivery 0 5, Received 8y: (Print Name) 8. Addressee's Address (Only if requested w and fee Is paid) m r Cc 6. Signature: (Addressee or Agent) r X el PS Form 3811, December 1994 19259591 -ao179 Domestic Retum Receipt ,o 0• slic Arail., an r tr )r M1 M1 I y.. � ?•stage 3 I � M1 M1 r-:; r-i C.dMad Fee m cc �J� Fosunaat - Rewm Receipt Fee t 4ere _ O 0 (Fndorsemem: Required) ru ru p p 'escicted 9elivery Fse 0 C :Endorsemem Aequaeo] ru nj 3ec:9rerr:'s (Name 'F!ease Print c:aariy) (TO a campiarad by srzdzrJ ^— = _J n SimsFk, .Cccle & Tilt- L� tV Fnfcr2 r3zt hge P 'I I p rC:R• ;era, LrP= ' F:\users\cat\shared\da\pleadings\Thomassen\ExhibitList.doc a LIST OF EXHIBITS IN RE: ELMER and JOAN THOMASSEN 1918 DOVER DRIVE NOVEMBER 24, 2003 1. Newport Beach Municipal Code Section 10.50. 2 Notice of Existence of a Public Nuisance dated April 21, 1987. 3 Memo dated May 14, 1987 regarding public nuisance abatement 1918 Dover Drive. 4 Declaration of Jim Sinasek dated December 6, 1995 regarding 1918 Dover Drive. 5 Declaration of Kathryn Kalanz dated December 2, 1995 regarding 1918 Dover Drive. 6 Declaration of Ray Crandell dated December 2, 1995 regarding 1918 Dover Drive. 7 Declaration of Jeff Winter dated December 15, 1995 regarding 1918 Dover Drive. 8. Letter dated January 23, 1996 regarding 1918 Dover Drive. • 9. Default Judgment by the Court dated December 26, 1996. 10. Memorandum dated September 9, 2003 regarding 1918 Dover Drive. 11. Notice to Correct Code Violations dated October 17,2003. 12. Second Notice to Correct Code Violations dated October 27, 2003. 13. Memo dated November 3, 2003 regarding 1918 Dover Drive. F:\users\cat\shared\da\pleadings\Thomassen\ExhibitList.doc a 0 a 1 Y 0 ¢ r; Lu < wx 0 M 0 4 C? M Uj X Uj "ELMY M-1061G&iMM 1715 WEST RDMNEYA DRIVE ANAHEIM. CA OMI (G9149}7775 TEL A POINVA 92629 24MG SEA CREST DR IVE Ca. DEA 6 AG 84119M LC. a G36M NAME AGE 11AA -i x DATE ADDRESS � Rx aji-EGAL IF 40T SAFETY BLUE BACXGRCUM :Kkil times DO NOT SUBSTITUTE To ans, brand name dispensing, check and initial box z 21IM1156026: Now?t -03 19:30am From -SYCO 2 949 725 4100 T -011 P.001 /002 F -874 STRADLiNG YOCCA CARLSON & RAUTH A PROFESSIONAL CORPORATION ATTORNEYS AT LAW FACSIMILE COVER SHEET . 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 -6422 Date: , 2003 TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: Telephone: (949) 725 -4000 Fax: (949) 725 -4100 PLEASE DELIVER AS SOON AS POSSIBLE TO: RECIPIENT COMPANY FAX NO. PHONE NO. I, 5, ;ate K C ",-Of iUlw f tae r, x)64 u --5u?-C) 1 7q? -CLW --�Z,p • 06 From: I� /� f °��'c f AT DIRECT DIAL NuIsMER i Z 5- 4 I rS Re: Pu, � t, (fe -_ T ZL i YtB ?9a R,1 10—e6 Message: (71r4 X Sew REGEIVED NOV 2 4 2003 CODE AND WATER QUALITY ENFORCEMENT Client/Maner No.: Z "7 9 —G C;J o If any of these pages is not legible or you do not receive all ofthe pages, please call (949) 725 -4014. CONFIDENTIALITY NOTICE This message is Intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disdosure under applicable law. If the reader of this message is not the intended reoplent, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please notify us immediately by telephone, and return the original menage to us at the above address via the U.S. Postal Service. Thank you. Nev- 11 -03. 10:30am From-SYCdR 2 949 725 4100 7 -011 P.002 1002 F-sT4 PC NiJV 4UUj CODE AND WATER November 21, 2003 QUALITY ENFORCEMENT Jim Sinasek Code & Water Quality Enforcement Manage City of Newport Beach Re: November 24, 1003 Public Hearine re 1918 Dover Drive Dear Mr. Sinasek: It is unfortunate that the conditions at 1918 Dover Drive (the "Subject Property") have led to the need to have a public hearing ui determine whether the residence constitutes a public nuisance. We have lived in the neighborhood for almost three years and have witnessed (like all our other neighbors) a bizarre string of events surrounding the Subject Property, including but not limited to (i) a string of ditches being constantly dug and refilled in the front yard, (ii) an odd assortment of can, car doors, trailers/recreational vehicles, chairs, tires, refrigerators, bicycles, wood and Hash being collected, piled and relocated throughout the front yard and on the roof, (iii) overgrown-weeds, (iv) tarps covering large portions of the front yard (and previously the roof), and more jecently (iv) no t espassih4 signs, police tape and a fence constructed of discarded doors encircling the property. We do not know the residents of the Subject Property, have only seen them occasionally and harbor no ill will towards them. We have no knowledge of any financial difficulties, ailments or other personal conditions that may have contributed to the current state of the Subject Property, and sympathize with the residents of the Subject Property if any such personal conditions exist. However, we (like most other neighbors) believe that the situation at the Subject Property could to a large extent be remedied relatively inexpensively by merely cleaning up the front lawn and disposing of the collection of debris contained thereon. We would request the residents of the Subject Property to do so, or if they resist, for the City to cause them to clean it up. Thank you for your time and assistance in remedying this situation. Very truly yours, Brian and Georgina Forbath 1500 Priscilla Lane Newport Beach, CA 0 71 u 0 Attention: Code and Water Quality Enforcement Manager Dear Sir: 1N3W3080 -AN3 .kinvnn a3iVM (IN`d 3400 Egon v z AON a3AI303a Friday November 21,2003 This is in regard to the property at 2018 Dover Drive, Newport Beach, owned by Dr. Elmer Thomassen. This property seems to be rapidly approaching being the neighborhood "dump." Dr. Thomassen is apparently gohg out of his way to make his property as disreputable as possible. Some months ago he brought in huge piles of rocks (or concrete? I couldn't tell which); he then covered those up with black plastic. Shortly thereafter, he put doors (or shutters ?) in front of the area. (This is the same general area in which, some years ago, he dug a deep hole and buried a number of bicycles, then covered them over.) Next began to appear piles of bricks dumped in the yard, and he has been hauling tires, carpeting, and furniture up to the roof of what was once the garage but was rebuilt into a family room with bedrooms upstairs. There are two trailetsin the front yard which are rusting away and have not been moved or operable for many years, in addition to two cars which seems to be in the same state of disrepair and/or usability. Dr. Thomassen has often been observed at all hours of the night working on cars parked outside his house and has seemed careless and/or irresponsible about the disposal of liquid agents used in maintenance of these cars. Some years ago we has a dog, "Nutmeg" that we used to take past Dr. Thomassen's house in the evening walking her in the street because the sprinklers were usually on, making it impossible to use the sidewalk. One evening, shortly after our walk, Nutmeg became very ill. She was taken to the pet hospital, tests were run and IVs given, but she died within a few days. The doctor said the dog had apparently ingested a very caustic substance "such as anti- freeze." We drew our own conclusions as to the source of her illness, and after that, we were very careful to avoid walking our dogs in that area. Some years ago the city came in and drastically cut back the "overgrowth" which was taking over the front yard. But now it's not a question of "jungle" but "junk" and the neighborhood is asking `what can be done about this situation ?" I have lived in my house for 46 years and it has been a lovely neighborhood, but it is distressing to see this area devalued by one man's disregard for his neighbors. Sincerely, Gretchen H. Franklin 2006 Dover Dr. Newport Beach, CA 92660 #(949)548 -7228 Glyn & Sonia Lister 1812 Dover Newport Beach, CA 92660 To: Jim Sinasek Code & Water Quality Enforcement Manager Re: Public Nuisance Hearing for 1918 Dover Drive RECEIVED NOV 2 4 2UO3 CODE AND WATER QUALITY ENFORCEMENT We strongly support all efforts by the City of Newport Beach to clean up 1918 Dover Drive. We certainly feel it is a public nuisance. We live four houses down on Dover Drive. We have lived here for seven years. The current issues, such as accumulation of rubbish, trash and debris in the front yard, the parking median and the roof, have been an ongoing problem ever since we have lived here. We have two small children and we worry that the mess at 1918 Dover goes beyond a nuisance and is a serious hazard. Sincerely, Glyn Lister & Sonia Lister 0 0 vp RECEIVED 1806 Dover Drive NOY 2 4 2003 Newport Beach, CA 92660 CODE AND WATER November 20, 2003 QUALITY ENFORCEMENT Jim Sinasek Code and Water Quality Enforcement Manager City of Newport Beach 3300 Newport Blvd. Newport Beach CA, 92663 Dear Mr. Sinasek, As long -time residents of Dover Drive (27+ years) we have been concerned about the house at.1918. It has always been a nuisance, but it is now worse than ever. It's hard to imagine why someone would make such a mess of their own property (see items on "Notice of Public Hearing). " Unfortunately, we will be out of town on the day of the hearing but we want you and your staff to know that we are STRONGLY SUPPORTIVE of your effort to clean the placeup (and, hopefully, to monitor it so that it doesn't deteriorate again). Thank you very much. Sincerely, Lance and Nancy Gilbertson November 29, 2003 City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, California 92658 -8915 Attn: Tim Sinasek, Code & Water Quality Enforcement Manager RECEIVED a NOV 21 2003 CODE AND WATER QUALITY ENFORCEMENT We support the City of Newport Beach in its effort to make the property at 1918 Dover Drive a safe environment for the neighborhood and to enforce the city's Municipal and Uniform Building Code. We have been residents on Dover Drive since 1970 and are aware and concerned for the safety and health issues evidenced by the lack of responsible ownership. Yourst_� Wily\ William and Barbara Wolfe 1800 Dover Drive Newport Beach, California 92660 40 40 IECEIVED NOV Z 3 2403 CODE AND WATER QUALITY ENFORCEMENT V—&&ih� vsJ'L r � � ✓^ , _mil Gj�yL /y, -��,`% ✓ �r f [ /.�-� � �.�'u� ..GG77 /� Ce��/Z� GC..C'2��Z.G� «- G�-LCG .-C.G !YLG-LV'..�ie:�L- ij2r1/G��; �= /`2 A �% 'L�• _..Lr✓..✓Z�icQ, . � -oG�tr �iilzcr.,�r _.•% 4 - "rat -cam °-1 u .-z-. ,. ' 7'�'rJ �-✓I� �"�" �' �u a�ir�"�, -fir-- 'a?'y�" �'�� 29 Zfi�' a n -IECEIVED Nov 19 2003 CODE AND WATER QUALITY ENFORCEMENT c/ a4z"�6C/ C��zl)� 4,-nl OnJ A4w � !� -c.� .,rr✓. ✓�' e, �.� �a���c' �r�vra� �.�t�u GL� O�i2.0 .a- t- ��.�,� CiulvL .� �,v ��a -�--� -�L� �� a.� - �- ����'�✓ ,,�� cam ����-60 e� CC/ a4l-kl,r��� �-r. 0- ass any Z/I ' x Id" `-7q q- 5 y 9- 0 November 18, 2003 Jim Sinasek Code and Water Quality Enforcement Manager City of Newport Beach Dear Mister Sinasek, RECE/V,��D NOS 24 1003 CODE QUgIITy Ely .O,,3 A NT I am a mother of two boys, 4 years and 10 months old. I live three houses away from the eyesore at 1918 Dover Drive. I have lived in this neighborhood for 4 years and chose this neighborhood for its value and its close proximity to Mariners Elementary School, Mariners Park and the Westcliff shops. As most of the homeowners in this area, my husband and I spend our free time and money fixing up our home to enhance the neighborhood visually and in value. We have put over $175,000 into renovations thus far. We have followed every permit law and claimed every addition and have paid all additional taxes that the city has assessed on our property. It is appalling that the city has allowed the shameful display at the above - mentioned address to remain and to get worse over the years while citizens like my family follow all city regulations and policies. To have an example of such blatant disregard for all city codes so close to us is tremendously unnerving. It is just not fair. I have to walk my young boys past the above - mentioned disgrace on our way to Mariners Elementary School, Mariners Park and the Westcliff shops every day. I have to remind my curious 4- year-old not to touch the rusty, dirty and disgusting items blocking the sidewalks that we walk on. When I have company coming to visit, I give them directions coming into the neighborhood from Irvine just so they don't see and comment on the mess of a home at 1918 Diver Drive. It is truly embarrassing. This homeowner has been offered assistance, has been asked to clean up his yard and has turned all neighborly efforts and suggestions away year after year. We all have caught him fishing out discard items from our construction dumpsters and have chased him away knowing the items will wind up in his front yard. I truly hope that the city not only enforces all Municipal Codes from section 10.50, but also holds the resident accountable for basic upkeep of the property going forward. Thank you for encouraging us to write letters to express our thoughts. I am confident that you can help us make our neighborhood something to be proud of. �..l�LL Je ifer E. Ensminger 200 Diana Lane November 19, 2003 Code & Water Quality Enforcement Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: 1918 Dover Drive, Newport Beach To Whom It May Concern; RECEDED Nov 2 4 2003 CODE AND WATER QUALITY ENFORCEMENT I am writing to comment on the conditions of the residence located at 1918 Dover Drive, in the city of Newport Beach. I grew up in the residence located at 1927 Diana Lane, which adjoins 1918 Dover Drive. I lived on Diana Lane from 1956 (at the age of two) until the mid- 1970's. My parents currently reside there, so I have remained a frequent visitor to the area, and, unfortunately, I am very familiar with the 1918 Dover location. The current condition of the property was a very long time in developing. I personally know that police parking enforcement personnel were marking vehicles belonging to the residents of that structure for violation of the city's 72 hour parking rule as far back as 1974. The condition of the residence has been deteriorating ever since then, and continues to do so. 1 have NEVER seen any indication of improvement, which I believe makes it very clear what will happen should the city choose to not take any action. As a long time resident of Irvine, I followed the struggles of that city in dealing with the 'castle" that was built in the Ranch development — while the owner had grand dreams of what he could build, he lacked the skills or time to complete it properly, or, more importantly, safely. His poor construction skills resulted in a fire and safety hazard for his neighbors. Further, I worked for the city of Huntington Beach from 1980 through 2002, and again witnessed their ultimately successful dealings with a house in the Huntington Harbor area (chronicled on a CBS television news show). That resident's complete lack of effort in maintaining her home resulted in a safety, fire and health hazard to her neighbors. In the above instances, their neighbors were the ones suffering, including financially (through depressed property values). I urge you to not let this condition continue to deteriorate, as 1 am certain that it will. You must take action now. The longer it is put off, the greater the likelihood of a catastrophic occurrence, such as a fire. While some may argue that the owner of the house would be the only loser in such an occurrence, it is very clear from the wildfires Southern California experienced last month that fire does not Page 1 of 2 • 0 1918 Dover comments Jeffrey A_ Thompson respect property lines. The reason cities have fire codes is precisely to avoid the sort of catastrophic fires that often leveled whole sections of towns in California's historic past. Without enforcement, what is the point of having the codes? Finally, I have to point out that there are numerous small children living in the immediate area of 1918 Dover. It sits on a corner that is the main route to Mariner's Park for most of the residents of the tract. Given the debris strewn about the front yard, and heavy items (such as tires, doors and construction materials) stacked on the ground and roof, there exists a very real possibility of serious injury to a child. I urge you to take action to remedy this situation. The cities of Irvine and Huntington Beach did, and their citizens were very appreciative of the efforts. This nuisance has been growing larger each year for close to 30 years. It is time to deal with it effectively. Sincerely, ^� Jeffr A. Thompson 3801 Scottsdale Drive Irvine, CA 92606 (949) 559 -9677 0 Page 2 of 2 November 19, 2003 RECEIVED NOV 24 2UO3 Reference Public Hearing on house located at 1918 Dover Drive, Newport Beach, California QU'�Oj �Y E Fo'3CEMENT To Whom It May Concern: As I will not be able to attend the public hearing, I have been told to send a letter expressing my concerns. I have lived in my home, near the above concerned address, for forty years. Dr. Thomason has never kept his home in a presentable condition. He has progressively gotten worse, gathering junk from garbage cans and it appears he is barricading himself in his home. We have tried, as good neighbors, to help him clean his place up with the thought that we were helping him. He wouldn't allow us on his property. He has a large family, many children, who have also tried to clean the place and he- forbade them to do anything to help. It is our understanding that his wife has moved out and cannot abide the mess. She does look in on him, bringing him food. It is now my concern that he needs help mentally. Please help him and us to demand that his place be cleaned up and made more'.presentable for our neighborhood. We all appreciate any help you can give to us. This is a very good neighborhood and a shame he keeps his place in such a run down condition. Thank you, Dawna Ridge 1405 Priscilla Lane Newport Beach, CA 92660 (949)646 -3437 r"_1 0 JEFF AND JANET WINTER 1900 DOVER DRIVE NEWPORT BEACH, CA 92660 November 18, 2003 Mr. Jim Sinasek Code & Water Quality Enforcement Manager, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Notice of Public Hearing, 1918 Dover Drive Dear Mr. Sinasek: RECEIVED NOV 2 4 2003 CODE AND WATER QUALITY ENFORCEMENT We are in receipt of the Notice of Public Hearing regarding the single - family residence at 1918 Dover Drive. Unfortunately, we are not able to attend the hearing. We are submitting this letter to voice our concerns. • We moved into our home in 1987 and since that time the above referenced address has been a continual eye sore and public nuisance. We have witnessed truckloads of used asphalt and concrete being dumped in the front yard. Large amounts of building materials, trash, furniture and other items are being added to the property daily. It's as if the owner has become defiant and is intentionally creating more of a nuisance. There is so much junk on the property it appears to have become a public dump and a fire hazard. We have been extremely concerned about having such a fire hazard so close to our home and even more so in light of the recent fires in California. We are also concerned that a health hazard could exist with all the overgrowth and trash on the property. We hope the city will follow through on the public nuisance and have the rubbish, trash and debris removed from the property. Sincerely, Jeff and Janet Winter to Mr. Jim Sinasek Code Enforcement Manager City Of Newport Beach 3300 Newport Blvd Newport Beach, Ca 92661 RE: 1918 Dover Drive Code enforcement hearing Dear Jim, RECEDED NOV 24 2U63 November I66 f PN AN) WATE fib ENFOR R CEMENT- You and I have spoken many times over the years regarding the Thomassen property at the above address. About 10 years ago, upon the prompting of my seven -year-old son, I worked with you getting a petition signed by the neighborhood to force the resident at this address to clean up the property. My son was concerned about the oil from the cars they work on in the street running into the adjacent storm drain and polluting the back yard, kittens being born and found dead on the sidewalk from the un spade cat, trash and garbage in the yard, and the storage of flammable materials in the yard, house and on the roof. He wanted to know why this was allowed and I wanted to show him how code enforcement and city government worked. We got the newspapers, Vicky Vargas of TV news, and the City attorney involved. We got the_Thomassen's almost into court until the city weakened and dropped the case. Mr. Thomassen pleaded he was too physically unable to clean up the property himself. The city then wrote me and asked me to organize the neighborhood to clean up the property. As a single mom working two jobs at the time it was too much to ask. Now Kurt is 17, the property has continued to get worse, and Mr. Thomassen is still able to spend a great deal of effort and physical energy to bring in and store more junk and vehicles on his property. This situation must be rectified for the safety of the neighborhood. It is a fire and environmental hazard. I also tried to sell my house this last yeaz,'and it definitely affected my property value as would be buyers were turned off by the prospect of viewing this mess on a daily basis. I am unable to attend your meeting in person, but am in hopes that the government agencies involved can take some immediate and long lasting action. Mr. Thomassen's problem is not physical, it is mental. He will never change his behavior unless forced to and it is unfair and unlawful for the other citizens impacted to suffer because of him. Sincerely, Kathryn Fletcher Kalanz 1930 Diana Lane Newport Beach, Ca 92660 (949) 631 -0443 0 0 November 19, 2003 r � L� 9 ti �cF James Sinasek, Manager Code & Water Quality Enforcement City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca. Dear Mr. Sinasek: We own the property behind 1918 Dover Drive and have since the Thomassons moved in. T 9 9c��F The Dover property gets more junk in the yard as time goes by. It most assuredly is a fire hazard and if a fire did occur, it would no doubt damage other property as well as ours. We have been told that there is only one door leading in and out of the house. The value of our property definitely depreciates due to this Dover property. We are ashamed to have our guests go by that house on their way to our home. Many friends have made remarks about the horrible condition of the yard and house and ask why something can't be done about it. We are fortunate one way in that he planted trees across the back of his lot so we do not have to Iook at some of the junk in his yard. Even so, we have to pay to have the trees trimmed. We sincerely hope that you will see fit to declare the property a public nuisance. It certainly is to us. Sincerely, Herbert & Alma Thompson 1927 Diana Lane Newport Beachl Ca. 92660 -4433 (949) 548 -5219 � S t TO: COMPANY FROM: FAX NO.: COMMENTS: JEFFREY LOWE FAX COVER SHEET POI RECEIVED NOV 2 4 1003 CODE AND WATER QUALITY ENFORCEMENT Jim Sinasek Code & Water Quality Enforcement Manager City of Newport Beach Mr. Stan Abe 1 908 Dover Drive, Newport Beach (949)644 -3020 If you have any questions, please call (949) 646 -4326. 0 0 JEFFREY LONE 4ovember2l,2003 Mr. Jim Sinasek Code & Water Quality Enforcement Manager cffY Of NEWPORT BEACH 3300 Newport Beach Boulevard Newport Beach, California Re: Notice of Public Hearing on November 24,2003-11-21 Subject. Code Violations at 1918 Dover Drive Dear Mr. Sinasek. My name is Stan Abe and 1 live tut 1908 Dover Drive with my wife and infant daughter. My wife and 1 have lived in our house for approximately five and half years. My next door neighbor is Dr. Elmer Thomassen and this letter concerns the Notice of Public Nearing. Neither my wile nor 1 are available to attend the meeting 5o let this letter be in place of our personal testimony. Pot The problems that we have seen and experienced are with potential unsafe conditions of our neighbor's roperty as well as with the general upkeep and appearance. Numerous animals including raccoons, irrels, cats, opossums, and other fauna have crossed onto our property from 1918 Dover Drive. The eat 1 fear is having one of these vermin bite my daughter. The animals 1 have mentioned have come to our property by way of 1918 Dover, Another concern is the extensive debris on the roof oC 1918 Dover. We have seen at various times ladders, buckets, wooden pallets, furniture, blue vinyl tarps, paint cans, and other assorted items. Some of the items were left on the roof for so long: years even, that they began to deteriorate. One time a blue tarp was left on the second story roof for so long that it began to unravel and pieces of it drizzled down on our house for months like a Seattle shower. We found tiny blue confetti in our shrubs, swimming pool, foliage, and all over both the front and back patio. 1 was cleaning it out of our pool filter for months. Plants and the overall landscaping of the front yard are also of concern. Currently there is a large pit that is covered with a black plastic sheet. The hole itself is a hazard, but I'm afraid of what it will do to the stability of a very tall palm tree adjacent to the hole. The tree is approximately 30 -40 feet tall. Also, because the palm tree isn't maintained properly, large fronds from the highest reaches of the tree break free and fall on our property with some regularity. T have had to dodge a falling frond more than once. In addition, there is a sycamore tree that last year had a branch four- inches in diameter and over 8 feet tong break off, bounce off our roof, and fall onto our property, destroying some of our landscaping. T had to use a chainsaw to cut the branch into pieces small enough to handle. These are just some of the concerns that I have about the property at 1918 Dover Drive. t hold no malice toward the occupant. 1 just want the place to be safe and clean. #Oncemly, Stan Abe 1908 Dover Drive Newport Beach G RECEIVED 11 -19 -03 NOV 24 2003 to To Code and Water Quality EnforcQetiS�MTI�(wATER City of Newport Beach RCEMENT 3300 Newport Blvd. Newport Beach, CA 92663 From Lynn Brown 1406 Vivian Lane Newport Beach, CA 92660 Re Attached Notice of Public Hearing on the issue of 1918 Dover Drive, Newport Beach Since I will be out of town when you will have this hearing, I hope you will consider my comments- The property located at 1918 Dover Drive looks like the city dump. On the roof you will see, rolls of carpet, tires, gas and paint cans, ship- ping crates and pieces of wood. 0 On the property there are 3 rusty RV's and 3 cars. Every week there is a new load of broken furniture, bikes, trash and miscellaneous building supplies stacked up against the house. It appears that the interior doors have been removed to build a barricade on one side of the house to hide more trash. Over the years I have seen the entire lawn dug up with large holes which looks like objects have been buried (hopefully not caustic, as there is a "Drain to Bay" at his curbside). Since the hearing was posted, he has become very hostile. While walk- ing past his house, he yelled out at me waving his fists, "Were you the one that complained? Were you ?" When I have visitors come to my house, they always comment on the disgusting condition of the property. I can't imagine how this has affect- ed the property value of the home across the street from this address. Thanks for finally doing something about this problem in our neighbor- hood- 40 EXHIBIT .2 FOR I.D. DATE: 11 -24 -03 PAGE 1 OF Z% DEBORAH J. BCANCHE7. C.S.R. #7644 40 NOTICE OF PUBLIC HEARING NOTICE OF HEREBY GIVEN that the City Manager of the City of Newport Beach has designated a hearing officer to hold a public hearing and make findings and recommendations on the issue of whether the single family residence at 1918 Dover Drive constitutes a public nuisance pursuant to Newport Beach Municipal Code Section 10.50. All items found to be a public nuisance will be removed from view from the public right -of -way. The conditions constituting the alleged nuisance are as follows: Newport Beach Municipal Code Section 20.66.040(B)(3)(a) — Parking in required yards: A trailer is stored within the front yard setback area which is not allowed. 2. Uniform Building Code Section 1607.4.4 — Special roof loads: Various items are stored on the roof including, but not limited to, old tires, a table, a wood pallet and other covered storage items on the second story roof over the garage. The roof is not designed for such purposes nor approved for such by the building official. Newport Beach Municipal Code Section 10.50.020(C) — Accumulation of rubbish, trash and debris: • Various items are on the property are visible from the public right -of -way, including, but not limited to, a screen door, wood doors push lawn mower, a wood pallet, chairs, bricks, concrete rip rap, and other miscellaneous items. Other items are covered by black plastic covering approximately one half of the yard. 4. Newport Beach Municipal Code Section 10.50.020(F) — Obstruction of public way: In addition to a vehicle parked on the public sidewalk, a trailer tongue, the front of an automobile, chair and other miscellaneous items obstruct the public right -of -way. 5. Newport Beach Municipal Code Section 20.60.020(A)(1) — Extension into yards: A partial fence in excess of the permitted three foot height limit exists in the front yard. 6. _ Uniform Administrative Code Section 301.1: An awning has been attached to a wall above a window without permits or inspections. NOTICE IS FURTHER GIVEN that a public hearing has been scheduled before the hearing officer designated by the City Manager at 4:00 p.m. on the 24h day of November, 2003, in the Council Chambers of the City of Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard. In lieu of a personal appearance, interested persons may submit written materials to the Code and Water Quality Enforcement Manager for review and consideration by November 21, 2003. All submitted materials will 4e presented to the hearing officer. The proceedings will be recorded by a court reporter. or information call (949) 644 -3220. Jim Sinasek, Code & Water Quality Enforcement Manager, City of Newport Beach Andrew W. Couch P. O. Box 8648 Newport Beach, CA 92658 (949) 760 -2596 fax: 760 -0337 November 21, 2003 Jim Sinasek Code and Water Quality Enforcement Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Elmer Thomassen 1918 Dover Drive Dear Mr. Sinasek: RECEIVED ff NOV 2 4 2003 CODE AND WATER QUALITY ENFORCEMENT I regret that I will not be able to attend the hearing set for November 24, 2003, because of a previously planned trip to New York. I ask that my non - attendance not be construed as a lack of interest, for I am vitally interested in the City's enforcement of its nuisance violations against Mr. Thomassen. I'm sure that the present condition of the Thomassen property speaks for itself. I'm confident that my neighbors will _express the impact that the Thomassen property has on our enjoyment of our homes, and on our property values. I snow that the City has had many inspections and observations of the +property, and is aware its potential liability due to Thomassen's obstruction of the public sidewalk. Unfortunately, many pedestrians, including children who walk to Mariners Elementary School every day, are forced to walk in the street past the Thomassen property. I want to address my perspective on the City's past efforts to deal with the Thomassen property, why I believe that results of those efforts have been short - lived, and what I think that the City must do to secure Thomassen's compliance in the future. Background: I have lived on the same block as Mr. Thomassen since 1980. I confess that, when I first purchased my home on Dover Drive, I thought that the Thomassen property was merely in some disrepair. I didn't realize at first that the problem was Mr. Thomassen's habit of constantly collecting of "stuff ", and placing it in the yard, on the roof, or elsewhere in public view. In the early 1980 0Is I observed the City's efforts to force the 40 removal of the large, 300 -400 gallon tank of diesel fuel that Mr. Thomassen had placed in his front yard. I observed the City's Jim Sinasek Code and Water Quality Enforcement Manager City of Newport Beach November 21, 2003 Page 2 removal of a half dozen cars in various states of disrepair that he had scattered in his yard or on the street in front of his property. I also saw the forced removal of the car parts and tires that Mr. Thomassen had placed around his house. Later in the 80's I observed the Hazardous Materials Team from the Fire Department participate in the removal of a'large number of five gallon buckets and bottles of unknown substances, a large number of X -rays that Mr. Thomassen had stored underneath his house and in his back yard, and other debris. In the mid- 1990's, I learned of the civil lawsuit that the City had filed against Mr. Thomassen for an injunction, City of Newport Beach v. Elmer Thomassen, et al., Orange County Superior Court Case No. 764298. I was encouraged that the City would take this action, to enforce against Mr. Thomassen the same laws that apply to everyone else. I was disappointed that, notwithstanding the permanent injunction that was entered against Mr. Thomassen, that legal effort did not produce longer lasting results. This fall Mr. Thomassen has resumed his practices of accumulating junk on his property. Most of this junk has been old building materials, that he has had dumped on his property on weekends, when most City code enforcement employees are not working.. This has included old concrete, drywall, wooden pallets, and other debris, some of which Mr. Thomassen has covered with sheets of black plastic. Mr. Thomassen has also erected a makeshift "fence "`';of old doors on a part of his front yard. Mr. Thomassen's actions have brought about a renewed effort by the City to enforce its laws against Mr. Thomassen. In an effort to find out more about the City's past enforcement efforts, I conducted a public records search on Mr. Thomassen. Apparently, at one time, Mr. Thomassen was a respected orthopedic surgeon. However, by the late 1970's, he had accumulated almost $500,000 in federal income tax liabilities. United States of America v. Elmer Thomassen, United States District Court for the Central District of California, Case No. CV78- 173.1 -R. The Amended Judgment in that case, filed July 9, 1979, not only found Mr. Thomassen liable for those taxes, but also set aside his conveyance of the property at 1918 Dover Drive to his brother, George Thomassen, which was an attempt by Mr. Thomassen to put that property beyond the reach of the tax authorities. soThroughout the 80's and 90's, Mr. Thomassen frequently found himself in litigation, most often initiated by him. In 1999, in an unpublished opinion, the California Court of Appeal for the Fourth Jim Sinasek Code and Water Quality Enforcement Manager City of Newport Beach November 21, 2003 Page 3 District, Division Three, upheld the dismissal of a lawsuit that Mr. Thomassen had filed in a dispute over a storage unit, Elmer Thomassen v. Space Saver Storage, Inc., Orange County Superior Court Case No. 736602, Appellate No, G019893. "The Thomassens were ordered to furnish security under the vexatious litigant statutes (Code Civ. Proc. Section 391, et seq.) The case was dismissed when they failed to do so. Plaintiffs raise a host of challenges to the dismissal, most of them entirely beside the point at issue: the propriety of declaring them vexatious litigants. Even a cursory review of this record, though, reveals the plaintiffs were bent on harassing the defendant and clogging the court with frivolous paper rather than in engaging in honest pursuit of a just claim. Indeed, their burdensome, often unintelligible, filings in this court prove the necessity for the superior court's action. ... There is no need to recite all of the ugly details of plaintiffs' abuse of the legal process." (Opinion, page 1) Over the years, there has been much speculation among Mr. Thomassen's neighbors about why the City was not more active in enforcing its laws with regard to his property. Some of the speculation has centered on Mrs. Thomassen and their children, and the belief that the City was reluctant to take action against Mr. Thomassen which could have implications for them. Some of the speculation has focused on Mr. Thomassen's decline; his medical license':. was revoked by the Medical Board of California in October, 1998, he is 82 years old, etc. However, I don't think that it is fair to Mr. Thomassen's neighbors for the City to wait until he passes away, to take action with regard to his property. I say that in part because Mr. Thomassen is especially robust for a person of his age. I have seer. him hauling car tires and furniture onto his roof, etc. In addition, I don't think that the City can reason with Mr. Thomassen, and can hope that he will abide by any agreement that he may reach with the City to clean his property. I base that statement not only on past experience, but also upon some of the statements that Mr. Thomassen has made in court pleadings. "I, Elmer H. Thomassen, reclaimed by birthright inheritance of freeman character, with allegiance to God my maker and not to the corporate State of California. ... I Elmer H. Thomassen, I know that we have two separate and i distinct forms of government, one being the traditional form of government known a local government where the county is . Jim Sinasek Code and Water Quality Enforcement Manager City of Newport Beach November 21, 2003 Page 4 organized for judicial purposes, and the other form the one controlled by titles of nobility who have created a lesser class of citizen subject to its creation." (Declaration of Elmer H. Thomassen, signed under penalty of perjury, filed in Elmer H. Thomassen v. West Municipal Court of the Orange County Judicial District, Orange County Superior Court Case No. 755048.) I have quoted a representative sample of the kind of statements that Mr. Thomassen has made in his many court filings, not to embarrass him or to ridicule him, but to demonstrate that he does not recognize the legitimacy of the City of Newport Beach, or any governmental entity. That is also demonstrated by his repeated failure to pay income taxes, and the resulting tax liens. Thus, the City cannot hope to reach an agreement with Mr. Thomassen for the clean -up of his property, with which Mr. Thomassen will comply for any period of time. This is all just a •game for Mr. Thomassen, as evidenced by his additional deposits of old building materials and other debris on his property after the City first posted it as a nuisance. Instead, the City must continue to pursue its remedies under the nuisance statutes. If Mr. Thomassen does not abate the cited nuisances, then the City must go through the procedures to clean the Thomassen property, and to charge him for it. If Mr. Thomassen fails to pay for the clean -up, then the City must comply with the procedures for adding it to his real property tax bill. A couple of years ago, the Thomassen property almost went to sale because of unpaid real property taxes. The day before the scheduled sale, Mr. Thomassen paid all of the taxes, plus all penalties, in cash, to prevent the sale. Thus, Mr. Thomassen has the ability to pay real property taxes, and other expenses, when it suits his purposes. (In the summer of 2001, Mr. Thomassen paid $7,800 to have a new roof installed on his house.) The City owes it to itself, and to Mr. Thomassen's neighbors, to fully pursue its remedies under the nuisance statutes. In light of Mr. Thomassen's litigious nature, that may not be easy, but it is most certainly necessary. I strongly urge the City to stay the course, and to pursue the complete abatement of all of the nuisances which have been willfully and knowingly created by Mr. Thomassen on his property. urs v r tr ly, drew u EXHIBIT-3—FOR I.D. DATE: 11 -24 -03 PAGE 1 OFA-4a DEBORAH J. BLANCHEr,, C.S.R. ,#7644 CITY OF NEWPORT BEACH Agenda Item No. 1 November 24, 2003 TO: Rick Murphy, City Hearing Officer FROM: Daniel K. Ohl Deputy City Attorney, (949) 644 -3131, dohl @city.newport - beach.ca.us SUBJECT: PUBLIC NUISANCE AT 1918 DOVER DRIVE Dr. Elmer and Joan Thomassen RECOMMENDED ACTION: Declare the property at 1918 Dover Drive a public nuisance pursuant Newport Beach Municipal Code Section 10.50 et. seq, and make findings and recommendations. BACKGROUND: The condition of property at 1918 Dover Drive has been a source of complaints from neighbors since as far back as 1961. (See Exhibit "4 ") The property was declared a public nuisance in April of 1987 (See Exhibit "2 ") and a detailed memo dated May 14, 1987 was prepared concerning the abatement. (See Exhibit "3 ") In a letter dated January 23, 1996, a list of violations was identified. (See Exhibit "B ") A detailed declaration of Code Enforcement Supervisor, Jim Sinasek, dated, December 6, 1995 also listed a number of ongoing problems concerning the property. (See Exhibit "4 ") On September 26, 1996 the Honorable Judge James P. Gray issued a default judgment requiring the property owners at 1918 Dover Drive to cease and desist maintaining any illegal, unsafe, or unpermitted conditions on the premises. (See Exhibit "9 ") Because conditions have continued to persist, a total of 16 administrative citations have been written between the period of March 13, 1996 to July 16, 2003 which has resulted in little, if any, impact in correcting the conditions. CURRENT CONDITIONS: On September 8, 2003, Code & Water Quality Enforcement Manager, Jim Sinasek, performed an inspection of the property, took detailed photographs, and prepared a memorandum outlining the various violations he found. (See Exhibit "10 ") On October 17, 2003, Mr. Sinasek again performed an inspection of the property and determined that various violations continued to exist. On that date, the first Notice to Correct Code Violations was posted on the site, served by U.S. First Class Mail, U.S. Certified Mail and included copies of the photographs depicting the conditions. The Public Nuisance at 1918 Dover Drive November 24, 2003 Page 2 homeowners were given seven (7) days to make the required corrections. (See Exhibit "11 „) On October 24, 2003, Mr. Sinasek again reinspected the property. It was noted that some items had been removed but that other items had been added to the property. On October 27, 2003, a Second Notice to Correct Code Violations was posted on the site and served by U.S. First Class Mail, U.S. Certified Mail with proof of service, along with copies of photographs depicting the conditions. (See Exhibit "12 ") The property owners were given an additional seven (7) days to make the necessary corrections. On November 3, 2003, a third inspection of the property was performed by Mr. Sinasek and photographs were taken depicting the condition of the property. The inspection noted that some items had been removed but new items had been added as well. (See Exhibit "13 ") Staff believes that the conditions of the property, as determined by the inspections and photographs, constitute a public nuisance as defined in Newport Beach Municipal Code Section 10.50 et. seq, and for the reasons set out in the Notices to Correct Code Violations. (See Exhibit "1 ") The property has been the subject of considerable effort by City staff to have the property owners bring the property into compliance with various codes, but on each occasions conditions have continued to reappear. NOTICE: Each Notice to Correct Violations (See Exhibits "11" & "12 ") was posted at the property and documented with photographs. A copy was sent by certified mail, regular mail and with a `proof of service. Mr. Thomassen has spoke with the Deputy City Attorney on several occasions since the notices were posted indicating he has received them. The Notice of Public Hearing was posted at the property by Mr. Sinasek on November 10, 2003, and documented by photograph_ It was also served by certified mail, regular mail and with a proof of service on November 10, 2003. Notice of Hearing was also provided to residents within 300 feet of the property to allow them to participate in this proceeding, If they so choose. The Notice of Public Hearing was also published in the local paper. Staff will be available to answer questions. Prepared by: SIGNATURE 3 � S Daniel K. Oh, Deputy City Attorney Submitted by: SIGNATURE t: ix \` Daniel K. Ohl, Deputy City, F: users/ cat /cp- daishared /pleading(rhomass en /RMrpt &exhibits.dcc 0 0 0 10.48.050 _. Manager, or his designee, shall issue a written deci- sion within forty -eight (48) hours of the hearing upholding or denying the notice of abatement proceeding and shall list within the decision the reasons for that decision. The City Manager, or his designee, may impose such conditions and take such other actions as is deemed appropriate to carry out the purpose of the provisions of this chapter. B. The decision of the City Manager or his designee shall be final and shall be served by mail on the property owner within forty-eight (48) hours. (Ord. 2001 -2 § 6, 2001: Ord. 1194 § 2 (part), 1966) 10.48.060 Abatement Costs. A. The costs involved in the correction of the substandard conditions shall become a special assessment against the property. In addition to the above costs, a Nuisance Abatement Services fee established by resolution of the Council of the City, shall be assessed against each parcel for Newport Beach Fire Department and other C ity- incurred costs associated with abatement. B. The Fire Chief or his designee shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. If the total assessment determined as provided for inthis section is not paid within thirty (30) days after mailing of such notice, .the%property owner shall be billed. If unpaid, such cbtrges shall be placed as a special assessment on the',tax bill for the property pursuant to Section 38773.5.of the Government Code. C. Other Abatement Procedures. The provisions of this chapter shall not in any manner limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner pro- vided by law. (Ord. 2001 -2 § 7, 2001: Ord. 1194 § 2 (part), 1966) Chapter 10.50 PTJBLIC NUISANCE ABATEMENT Sections. 10.50 -005 Findings and Purpose. 10.50.010 Definitions. 10.50.020 Nuisance. 10 .50.030 Owner Responsibility. 10.50.040 Notice to Correct Violations. 10.50.050 Notice of Hearing. 10.50.060 Content and Conduct of Hearing. 10.50.070 Order of Abatement. 10.50.080 Appeal. 10.50.090 Owner to Abate. 10.50.100 Abatement by City. 10.50.110 Hearing on Assessment. 10.50.120 Resolution of Special Assessment. 10.50.130 Cost Report—Filing with County Auditor. 10.50.140 Manner of Collection. 10.50.150 Noncompliance with the Notice to Correct --- Citation. 10.50.160 Alternative Actions. 10.50.005 Findings and Purpose. A. The City of Newport Beach, pursuant to its Charter and the constitutional and statutory laws of the State of California, is authorized to abate public nuisances and assess the cost of abatement against the parcel on which the nuisance exists. The City of Newport Beach is further authorized to impose criminal sanctions for maintenance of a public nui- sance. A public nuisance causes: 1. A reduction in property value; 2. An obstruction to or interference with com- fortable enjoyment of adjacent property; 3. Adverse impacts on the aesthetic quality of property, giving the appearance of blighted condi- tions and a deteriorated environment; and 4. Conditions which are injurious to the public health, safety and general welfare including, but not (Ncw nB.h1-02) 324/326 Pv ; BHT i P to a a limited to, a harborage. for rodents and insects, a dangerous attraction for children and potential for fire and health hazards. (Ord. 94-50 § 1 (part), 1994) 1050.010 Definitions. A. Abate. To repair, replace, remove, destroy, or otherwise remedy the condition in question by such means and in such manner and to such an extent as the enforcement officer in his or her judgment shall determine is necessary in the interest of the general health, safety and welfare of the community. B. Appeals Board. The City Council of the City of Newport Beach. C. City Clerk. The City Clerk of the City of Newport Beach or his or her designee. D. City Manager. The City Manager of the City of Newport Beach or his or her designee. E. Enforcement Officer. A Newport Beach Code Enforcement Officer or Newport Beach Municipal Compliance Officer or such other City positions as may be designated in writing by the City Manager. F. Owner. The owner of the property as shown on the last equalized assessment roll or as otherwise known to the Enforcement Officer. G. Premises. Any building, lot, parcel, real es- tate, or land or portion of land whether improved or unimproved, including adjacent sidewalks, park- ways, a4�arking strips. H. WhAegoods. Major household appliances, such as washers, stoves, refrigerators, and freezers, that are typically, but not necessarily, finished in white enamel. (Ord. 94-50 § 1 (part), 1994) 10.50.020 Nuisance. It is unlawful and a public nuisance for any per- son owning, leasing, occupying or having charge or possession of any premises in the City, to maintain upon such premises, or to permit, cause or allow to exist on such premises, any of the following condi- tions: A. Fire hazards including but not limited to, any cut or uncut shrub, tree, grass, weeds, vines or other vegetation; combustible refuse or waste; or other flammable material which by reason of its size, 10.50.005 manner of growth or location, constitutes a fire hazard to a structure or other premises; B. Any swimming pool, spa, pond or other body of water which is allowed to become stagnant, un- sanitary or unsafe or does not comply with the provisions of Newport Beach Municipal Code Chap- ter 15.09; C. The accumulation or storage of automobile parts, rubbish, trash, debris, rubble, broken -up as- phalt, lumber, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, containers, boxes, scrap metal, trimmings from plants and trees, cans, bottles and barrels; D. Vegetation, including but not limited to trees, shrubbery, grass and plants which is overgrown, dead, decayed or diseased such that it may: 1. Impede or present a danger to pedestrian or vehicular traffic; or 2. Interfere with visibility on, or free use of, or access to, any portion of any public sidewalk, street, alley or right -of -way; or 3. Harbor rats, vermin, insects and other situa- tions likely to cause a hazard to the public safety; E. Unsafe or unsightly premises maintenance, including but not limited to: 1. Storage or accumulation of household items, except furniture designed for outdoor use, barbecues and plants, on patios, roofs, balconies, and in yards in such a manner as to be visible from a public street, alley, sidewalk or other public right -of -way, 2. Private driveways or walkways maintained in an unsafe condition which create a hazard to pedes- trians, 3. Outside storage of any whitegoods, whether operable or not, in any area accessible to children who are not under the care and supervision of the owner or person in charge of the property, 4. The use of materials other than glass as a replacement or covering of window panes. F. The existence of any unlawful encroachment including signs, play equipment, trash or vegetation, which obstructs or interferes with the free passage or use by the public, of any public sidewalk, street, alley, beach, or other public right -of -way, or which may impede emergency access; 327 (Newport Beach 2.96) 10.50.020 G. The use of any machinery or equipment which because of noise, odor, vibration, fumes, or discharge constitutes a health or safety hazard; Ii. A violation of any of the terms or conditions of a use permit granted by the City of Newport Beach; I. A violation of any provision of the Newport Beach Municipal Code. (Ord. 95-46 § 1, 1995; Ord. 94-50 § 1 (part), 1994) 1050.030 Owner Responsibility. The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises shall be deemed to be agents of the owner, for purposes of this chapter. (Ord. 94-50 § 1 (part), 1994) 10.50.040 Notice to Correct Violations. A. Whenever an Enforcement Officer determines that any property within the City is being main- tained in violation of one or more provisions of Section 10.50.020, he shall give written notice to the owner of said property stating a description of the property and the sections being violated. Such notice shall set forth a reasonable time, not less than seven days nor more than thirty (30) days, for correcting the violatiop ) and may also set forth reasonable methods of cction. B. A notice shall be posted conspicuously on the premises where the nuisance is present. Notice shall also be personally served or mailed to the owner of the premises, by registered or certified mail, return receipt requested. Any mortgagee or beneficiary under a deed of trust of record shall be served by mail. A copy of the notice shall be maintained by the Enforcement Officer, together with an affidavit stating the date on which such notice was posted, served, and mailed and any receipt card which may be returned to him in acknowledgement of notice by registered mail. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings under this chapter. (Ord. 9450 § 1 (part), 1994) (Ne..Wn se.e 2-96) 328 10 .50.050 Notice of Hearing. A. In the event the owner of record falls, ne- glects, or refuses to comply with the notice to cor- rect violation provided for in Section 1050.040 above, a public hearing before the City Manager shall be held to take evidence to determine whether a public nuisance does exist. At least ten days be- fore the hearing, notice of the hearing shall be post- ed and served in the same manner as set forth in Section 10.50.040. The Enforcement Officer shall file an affidavit of posting and mailing with the City Manager. B. The notice shall indicate the nature of the alleged nuisance, a description of the property in- volved, the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abate. ment if the same is found to be a nuisance. C. The failure of any person to receive the no- tice shall not affect the validity of any proceedings under this chapter. (Ord. 9450 § 1 (part), 1994) 10.50.060 Content and Conduct of Hearing. A. All hearings under this chapter shall be held before the City Manager who shall bear and consid- er all evidence offered as to whether or not a nui- sance, in fact, exists. B. The owner may appear in person at the hear- ing or submit a written statement by five p.m. the day before the date set for the hearing. Such hearing will be public and the decision of the City Manager shall be appealable to the Appeals Board. C. If the City Manager determines that no nui- sance exists, the Enforcement Officer shall take no further action with respect to the subject property. D. If the City Manager determines a nuisance exists, he or she shall adopt written findings declar- ing the subject property a public nuisance and order the nuisance removed and abated by the owner within a reasonable period of time. The order shall inform the owner of the City's proposed method of abatement should the owner fail to comply. E. The City Manager may further request that the City Attorney seek a court order from a court of competent jurisdiction to abate the nuisance if it is 40 40 C7 0 not timely abated by the owner. (Ord. 9450 § 1 (part), 1994) 1050.070 Order of Abatement A. A copy of the findings and order of the City Manager shall be posted on the premises and served upon the owner of the property by certified mail or personal service within five working days and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said findings and order at his own expense provided the same is done prior to the expiration of a reasonable abatement period which shall commence upon the date the findings and order are served upon the owner. Upon such abatement in full by the owner, proceedings hereun- der shall terminate. B. Where an appeal is filed as provided in this chapter, the order of abatement shall be suspended pending the review of the determination. (Ord. 94-50 § 1 (part), 1994) 1050.080 Appeal. Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the 4Tder of the City Manager, may appeal that order by�filing an appeal with the City Clerk within ten days of the date of the posting and service of the order, and filing the appeal fee set by resolution. The notice of appeal shall specify: A. A description of the property; B. The abatement proceedings appealed; C. The owner, or appealing party's legal or equi- table interest in the property; D. A statement of disputed and undisputed facts; E. A statement specifying the portion of the proceeding being appealed together with any eviden- tiary or supporting materials that would support the appeal.; and F. A verification of the truth of all matters as- serted. Upon the timely filing of a notice of appeal in the proper form, the City Clerk shall place said appeal 10.50.060 upon the next regular meeting of the City Council scheduled to be held not less than ten business days after said appeal is received. The City Clerk shall provide written notice of the appeal, including the time, place, and date of the hearing on the appeal, to the appellant and any other person to whom notice of the City Manager's order was sent. Said notice shall be sent in the same man- ner as notice of hearing set forth in Section 10.50.040. The Appeals Board may limit the issues on ap- peal to those raised in the notice of appeal. The Appeals Board shall by resolution declare its find- ings and in the event a nuisance is declared, uphold or modify the order of the Hearing Officer and order the owner to abate the same. A copy of the resolu- tion shall be posted upon the property and sent to all persons to whom, and in the same manner, notice of the City Manager's order was sent as well as to all persons requesting such notice, in writing, at the time the appeal is heard. (Ord. 9450 § I (part), 1994) 329 1050.090 Owner to Abate. Any public nuisance shall be abated by the owner within thirty (30) days after the date of posting and mailing a copy of the resolution of the Appeals Board. (Ord. 94-50 § 1 (part), 1994) 1050.100 Abatement by City. If the owner fails or neglects to remove or other- wise take action to abate the public nuisance, as provided in this chapter, the Enforcement Officer, through City employees or an independent contrac- tor shall cause such public nuisance to be abated as directed in the City Manager's order or by order of Appeals Board. A report of the proceeding and itemized account of the cost of abating the public nuisance on each separate property shall be filed with the City Clerk. (Ord. 94-50 § 1 (part), 1994) 1050.110 Hearing on Assessment. The City Clerk shall thereupon set the report and account for hearing by the City Council at the first regular meeting which will be held at least ten cal- 10.50.110 ender days after the date of filing, and shall post a copy of said report and account and notice of the time and place of hearing in a conspicuous place in or near the entrance of the Newport Beach City Hall. The owner who is affected by such report and account shall be sent a notice advising him of the date, time and place of the hearing and said notice shall be served as provided for in Section 10.50.040 of this chapter. (Ord. 94-50 § 1 (part), 1994) 10.50.120 Resolution of Special Assessment. A. The City Council shall consider the report and account at the time set for hearing, together with any objections or protests by any interested parties. At the conclusion of the hearing the City Council shall either approve the report and account as submitted, or as modified or corrected. B. If the property owner does not pay the cost of abating the nuisance within thirty (30) calendar days after the City Council confirms the cost report and account, the amounts so approved shall be special assessments upon the respective lots or pre- mises. C. A Notice of Special Assessment in substan- tially the following form shall be recorded in the Official Orange County Records. NOTICE OF SPECIAL ASSESSMENT LIEN OF &Y OF NEWPORT BEACH i Under the authority of Government Code § 38773.1, the City of Newport Beach ordered the abatement of a nuisance on the _ day of __, 139 — The Enforcement Officer of the City of Newport Beach, on the _ day of 199. abated the nuisance upon the real property hereinafter described. The City of Newport Beach has assessed the cost of such abatement upon the real property hereinafter described. The same has not been paid. The City of Newport Beach claims a lien on the real property for the cost of doing the work in the amount of $ which shall be a special assessment against the real property until paid, with interest at the 330 rate of _ percent a year from and discharged of record. The real property hereinabove mentioned, and upon which the special assessment is claimed, is that certain parcel of land located in the City of Newport Beach, County of Orange, State of Cali- fornia, and more particularly described as fol- lows: Assessor Parcel Number(s): Dated this day of City Clerk Mayor, City of Newport Beach (Ord. 94-50 § 1 (part), 1994) 10.50.130 Cost Report—Filing with County Auditor. After confirmation of the report, the City Clerk shall file a certified copy with the Orange County Auditor /Controller and the auditor shall be requested to enter the amounts of the respective assessments on the County tax roll opposite each parcel of land. (Ord. 9450 § 1 (part), 1994) 10.50.140 Manner of Collection. The amount of said assessment shall be collected at the time and in the manner of City property taxes. If delinquent, the amount of said assessment shall be subject to the same penalties and procedure for foreclosure and sale as in the case of City property taxes. (Ord. 9450 § I (part), 1994) 10.50.150 Noncompliance with the Notice to Correct —Citation. A. If the owner has not complied with the notice to correct in the time specified therein, the owner or other person having charge or control of the proper- ty may be cited for an infraction for failure to cor- rect the violation pursuant to the notice. Upon con- viction thereof the owner or person having control of the property shall be punished by a fine not ex- ceeding one hundred dollars ($100.00). Fora second conviction within a period of one year, a fine not P 0 0 46 exceeding two hundred dollars ($200.00) shall be imposed; and for a third or any subsequent convic- tion within a period of one year, a fine not exceed- ing five hundred dollars ($500.00) shall be imposed. B. Each person described in subsection (A) above shall be deemed guilty of a separate offense for each day during any portion of which any viola- tion of the provisions of Section 10.50.020 is com- mitted, continued or permitted by such person and shall be punishable therefore as provided in subsec- tion (A) above. (Ord. 94-50 § 1 (part), 1994) 10.50.160 Alternative Actions. A. Nothing in this chapter shall be deemed to prevent the City Council from authorizing the City Attorney to commence a civil action to abate the nuisance in addition to, alternatively to, or in con- junction with the proceeding set forth in this chap- ter, nor shall anything in this chapter be deemed to prevent the City from commencing a criminal action with respect to the violation of this chapter. B. This chapter is not the exclusive regulation of property maintenance. It shall be supplemental in addition to other regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the City, State of California, or any other legal agency having jurisdiction. (Ord_ 94-50 § 1 (part), 1994) 331 10.50.150 Chapter 10.52 ABANDONED OR WRECKED VEHICLES* Sections: 10.52.005 Findings and Purpose. 10.52.010 Declaration of Nuisance. 10.52.015 Definitions. 10.52.020 Exceptions. 10.52.025 Other Regulations. 10.52.030 Administration and Enforcement. 10.52.035 Authority to Abate and Remove. 10.52.040 Notice of Intention to Abate and Remove —Form Mailing and Procedure. 10.52.045 Removal/Without Hearing. 10.52.050 Hearing Procedures. 10 .52.055 Removal —When Authorized. 10.52.060 Assessment of Costs of Removal/Administration. 10.52.065 Notice to Department of Motor Vehicles. 10.52.070 Severability. Prior Ordinance history: Ordinmee 1278. 10.52.005 Findings and Purpose. A. The City of Newport Beach, pursuant to its Charter and the constitutional and statutory laws of the State of California, is authorized to adopt ordi- nances establishing procedures for the removal, as public nuisances, of abandoned, wrecked or disman- tled vehicles, or parts thereof, from private property or public property other than highways: B. The accumulation or storage of abandoned, wrecked, dismantled, or inoperable vehicles, or parts thereof, on private or public property, including public parking lots, causes the following: 1. A reduction in the value of property; 2. An obstruction to the comfortable enjoyment of property adjacent to the vehicle or vehicles; • EXHIBIT B.iii.2-o NEWPORT BEACH POLICE DEPARTMENT P.O. BOX 7000. NEWPORT BEACH. CA 92658 -7000 ARB CAMPBELL (714) 644 -3704 Chief of Police April 21, 1987 Mr_ George Thomassen 15507 Allview Drive Beltsville, Maryland 20705 Notice of Existence of a Public Nuisance You are hereby notified that the City of Newport Beach has deter- mined that a public nuisance exists on the property located at 1918 Dover Drive, Newport Beach, California 92660 (A.P. 117 -421- 01) pursuant to Newport Beach Municipal Code (N.B.M.C.) Section 10.50.050, a copy of which is attached for your reference. You have the right to appeal this decision to the City Council within ten (10) days from the date of the mailing of this notice by filing a written notice of appeal with the City Clerk. If no appeal is filed, you must abate this nuisance within this ten (10Y'Aay appeal period. Abatement is to be accomplished in the follo4ing manner: Removal of used oil and petroleum products, rubbi,`sh and refuse from the premises; removal of vehicle parts, batteries, new petroleum products, and appliances stored in the yard; removal of the Serro- Scotty Sportsman travel trailer, CA license # PK7241 from the premesis; removal of any inoperable vehicles from the premises and any vehicles not currently registered or licensed parked on the street. I£ you fail or neglect to take action to abate the public nuisance as herein defined, the City shall cause such public nuisance to be abated at your expense. Grego rmstrong Environmental Services Coordinator �cc: City Attorney Jim Upton, Fire Department Jim Sinasek, Planning Department Dr. Elmer H. Thomassen 0 CITY OF-NEWPORT BEACH POLICE DEPARTMENT May 14, 1987 TO: City Attorney FROM: Environmental Services Coordinator SUBJECT: PUBLIC NUISANCE ABATEMENT - RE: 1918 DOVER DRIVE (A.P. 74 117 - 421 -01; LOT 7, TRACT 3004), NEWPORT BEACH, CALIFORNIA Background: The subject property is located in a residential neighborhood on the corner of Dover Drive and Lelia Lane. A single family house with a two -car garage is built on the property. The .garage and front door face Lelia Lane. It has been occupied by Dr. Elmer H. Thomassen and his family since at least October of 1961. According to the Count Assessor's roll the property title chanced in March of 1973 to Georqe W. Thomassen of Beltsville, Maryland. The 1986 -1987 tax roll stills shows the owner to be Georqe Thomassen. ast five years neighbors have consistently complained Thomassen's habit of repairing automobiles in the Typically the complaints are of cars beinq parked on t: and in the street in 'various degrees of disrepair, unlicensed or unregistered cars narked on the street. arts left on the si containers on the s stored in January of 1982 by Officer Newman. issued and the matter was handled i 1983, Officer Mark Miller found 6 i of the house. All 6 had expired re mobiles affixed to them. e plates taken as evidence rs in the front yard. The his office was taken in o parkin citations were rmally. In February of gally parked cars in front tration, some had license m and registration tabs fr e vehicles were cited and In Julv of 1983.-Officer. gallons of diesel fuel on the-Property. This was subsequently abated voluntarily by Dr. Thomassen. In March of 1984 Officer Beswick initiated a formal abatement of the property. He sent Dr. Tbomassen an abatement order stating that he must remove vehicle parts, batteries, and storage tanks from public view; and remove an unregistered, inoperable motor vehicle from the driveway. Dr. Thomassen abated the problem voluntarily. Later that same month, Officer McDermott removed and stored an inoperable abandoned vehicle belonging to the Thomassen family which had been parked in f=ont of the residence. In September of 1984 Officer Nichols initiated a formal abatement order directed to Dr. Thomassen. He was ordered to abate vehicle parts batteries and storage tanks ;'., _918 Dover D=ive Page 2 from public view, and to remove another abandone vehicle. Again Dr. Thomassen complied voluntarily. In December of 1984, 4 inoperable vehicles with expired registration were removed and stored from in front of Dr. Thomassen's house. All 4 vehicles were later released to Dr. Ttiomassen's wife, Joan. In January of 1985 Officer Nichols sent Mrs. Thomassen a letter requesting that she remove an inoperable vehicle from the premises in lieu of an abatement. When this failed, he sent a formal abatement order demanding the same. On May 13, 1985 Officer Nichols stored 2 abandoned, inoperable vehicles from in front of the premises. On May 17, 1985, 3 vehicles parked in front of the residence were found to have false evidence of registration. All three vehicles were impounded and the license plates seized. These vehicles were subsequently released to Mrs. Thomassen. In July of 1985, 3 more vehicles were stored for expired registration. They too, were subsequently released to Mrs. Thomassen. In August of 1986, Officer Eisenberg initiated a formal abatement demanding the removal of vehicle parts, batteries, and containers from the sidewalk and public view, and the removal of an inoperable vehicle from public view. The Thomassen family voluntarily complied with this abatement order. Current Situation- On March 9, 1987, I received a telephone call from Officer Stan Bressler. He is assigned to Patrol and worked the area where 1918 Dover is located. He told me he had been contacted by several residents in the area, complaining about the general condition of the property at 1918 Dover. Specifically, they were complaining about oil in the gutter, car parts on the sidewalk, and abandoned vehicles parked on the driveway and in the street. He checked and observed both a car and a trailer parked across the sidewalk in front of the garage. He also observed trash a�d auto parts piled on the sidewalk and the driveway. Crank s% e oil was in the gutter. I met with Officer Bressler later that same day at the house. I observed a brown Volkswagen Rabbit, with no license plate and the VIN plate covered, parked in the driveway. It had part of an engine and numerous car parts in the driver's seat. A travel trailer, CA license # PK7241 was also parked in the driveway. A Honda motorcycle, CA license # 8WO465 was also parked in the driveway next to the Volkswagen. Car parts, refuse, debris, and tools were observed on the driveway, in the gutter, and yard of the property. Oil, both used and new,_ was stored in various containers everywhere on the property. A . trailer in the backyard appeared to be lived in. Waste oil was observed in the gutter. Thirteen polaroid photos were taker.' depicting the conditions of the property. I told Officer Bressler I would begin abatement proceedings. I called Jim Sinasek, the Code Enforcement Officer for the City Planning Department. I told him about my observations at the Thomassen property. I mentioned that the trailer in the backyard_ appeared to be lived in, and that the smaller trailer in the driveway was blocking access to the garage. He told me he was familiar with the premises and that it has a history of code violations. He told me that he would send a letter to the owner • 1918 Dover Drive Page 3 • regarding the trailer and the garage. On 3 -13 -87 I received a copy of the letter that Mr. Sinasek sent to the owner, Mr. George Thomassen. In the letter he pointed out several Municipal Code and housing violations. He ordered that all items in the garage which prohibit accessibility be removed and gave him specific instructions. He also ordered that all electrical cords, drain lines, etc. that furnish the trailer be eliminated and that it no longer be used ror normal occupancy. He instructed that this be done within 10 days and that he contact Mr. Sinasek on or before the 21st of March for a reinspection of the property. On the morning of 3 -17 -87 Bruce Paine of the California Regional Water Quality Control Board came by my office to discuss this property. He told me he had done some research and found that they had complaints of illegal dumping of oil in the storm drains in the past and that he would proceed on a new investigation. He said that it would be helpful if any recent evidence of dumping could be determined. Also, if anyone witnessed the actual poorin or dumping of oil into the street, that this would be important for any subsequent enforcement action. I told him that I would keep in touch and pass this information along. •On 3 -18 and 3 -19 -87 abatement notice letters were sent by both certified and regular mail to the property owner, Mr. George Thomassen in Beltsville, Maryland and to Dr. Elmer Thomassen at 1918 Dover. This was done in accordance to 10.50.030 N.B.M.C. A certificate of mailing was also completed by Clerk Van Dover. Copies of these documents are attached to this report. This notice cited Subsections D, F, and G of Section 10.50.020 N.B.M.C. stating,,�hat all rubbish, refuse, garbage, or dirt upon sidewalks and all rubbish, refuse, and garbage upon private property are to be abated, that unlawful encroachment obstructing passage or use by the public of any right -of -way be abated and that inoperable motor vehicles on private property and public view be removed. It. also contained the specific instructions as to how to accomplish this abatement. On 3 -27 -87 I received the post office return receipt indicating that Mr. George Thomassen in Beltsville, Maryland had received and accepted delivery of the letter sent to him. This receipt is signed by the addressee, George Thomassen, and dated 3- 23 -87. A copy of this receipt is also attached. On 4 -3 -87 at 2:30 p.m. I received a telephone call from a man who initially identified himself as George Thomassen. Later in the conversation he corrected himself to indicate that he was Dr. Elmer Thomassen of 1918 Dover. He told me he had received the letter addressed to him notifying him of the need to abate the property. He told me that he understood the abatement order, that he had received similar orders in the past but that he would like a cony of the Municipal Code that relates to public nu abatement: =I told him that I would send him a copy. also 191_8 Dover Drive Page 4 After returning to my office, I called Jim Sinasek at the Planning Department. ...I discussed with him my observations and we decided informed me that he would never receive certified mail sent to his address, that if I, or anyone else in the City need to send him . something, it should be done so through regular mail. I informed him that the Municipal Code required that I send him this notice by certified mail. He again told me that he would not accept anything by certified mail and that he specifically did not accept this notice, however he had received the one sent by regular mail. I told him that he had until April 9th to comply with the abatement order. He told me that he would try, but that he needed an extention to completely obey the order. He explained that he had an appointment with the Internal Revenue Service in the coming week regarding past tax problems and that he was very busy preparing for this. He asked that I give him until April 20th to complete the abatement. I asked him what he had done so far. He told me that he had not had time or strength to do much of anything, but that he would try to do something. I told him that there was a lot to clear from the property and that I would be willing to work with him in an effort to accomplish this task; however, I expected him to at least to have cleaned up the general ness in the front yard. I specifically instructed him to remove the car and trailer from the driveway. The stored waste oil, auto parts, tools, refuse, and other miscellaneous items were to be cleaned from the streets, sidewalk, and front yard. I told him that if he could take care of this matter by April 9th, that I would extend the abatement order to April 20th as it pertains to the side and backyard. Dr. Thomassen agreed to have the front yard clean by the original deadline of April 9th and that he would have until the 20th to take care of the back and side yards. I subsequently sent him a copy of Chapter 10.50 of the Newport Beach Municipal Code, entitled, Public Nuisance. Abatement. On April 6th the post office returned the certified letter that had been sent to Dr.,, Thomassen. They had made 4 attempts to serve it without success'3 On April 9th at 12:00 noon, I went by 1918 Dover to check on its condition. I found that the Volkswagen Rabbit had been moved from the driveway to the street. It had a temporary operating permit on its windshield which allowed it to be legally parked at that location. However, nothing else in either the front or back yard had changed. The trailer was still present on the driveway, the refuse, auto parts, tools, extension cords, and other items were still on the public sidewalk, driveway, and front yard. There was . waste oil in a variety of containers still stored in the side and back yards, and the trailer in the back yard was still hooked up by extension cords and garden hoses to the house. Other than having moved the Volkswagen Rabbit to the street, it appeared that Dr. Thomassen had done nothing to abate the property as ordered. He also did not keep his verbal agreement with me to have the front yard at least cleaned by this date. As a result, it was my decision that he was in violation of the abatement order, and that the City should proceed in abating the property. After returning to my office, I called Jim Sinasek at the Planning Department. ...I discussed with him my observations and we decided 1918 Dover Drive Page 5 • that he, myself, and a Fire Inspector should meet sometime in the near future to do a complete inspection of the exterior of the premises. We decided that this would provide a more thorough understanding of the actual condition of the property. Contact was made with Russell Cheeks, Fire Inspector for the City Fire Department and it was arranged that the three of us would meet at 1918 Dover on April 17th at 10:00 a.m. On April 17th at 10:00 Jim Sinasek, myself, and Jim Upton, Fire Inspector for the Fire Department met at the location. Mr. Cheeks was unable to be there. We went to the front door and I knocked and announced my presence. When no one came to the door, I again knocked, identified myself, and indicated that we were there to inspect the exterior of the premises. We felt someone might be inside the residence, but we could not be certain. No one ever came to the door, or made any effort to communicate with us. I observed that little had changed in the front yard. Many of the auto parts that were on the sidewalk had now been moved onto a cement apron adjacent to the driveway, but were still in public view, refuse was still present and an extension cord leading from a window in the house, and apparently plugged in was laying on the driveway. The small trailer was still in front of the garage blocking that garage. Refuse was still spread around the front yard, as it had been when I was there on April 9th. As we walked around the front yard, we observed evidence of waste oil being dumped into the dirt along the entire west wall of the house.:.The soil was stained and saturated with oil. There was also oil on the foliage of the plants growing in the area. A sawhorse against the wall had a large Sparklett's -type water jug leaning on it that had dirty waste oil dripping from it. The..back "ard is fenced and gated; however, there are no latches on the gates. I opened the gate on the side yard and looked down along the south wall. There were cases and cases of oil stored 7 feet high along that wall. The oil in the bottom cases was leaking from the crushed cans. Dozens of quarts of oil were stored along the side fence. Waste oil could be observed stored in a variety of containers and drums along that same area. Trash and refuse littered the entire area up to as high as 5 and 6 feet. There were 50 to 100 empty oil cans stored along the yard. We - could see evidence of waste oil being dumped along the side of the fence. As we moved along toward the backyard, we located what appeared to be a rat's nest and other evidence of.the presence of rodents. Waste oil could be found stored in a variety of different containers from a 5 gallon can to 55 gallon drums. In the backyard at the southeast edge of the building, were a half dozen automobile storage batteries, a 55 gallon drum of waste oil, a washer and dryer, and a variety of auto parts. Tarps, pieces of wood, and refuse were stacked approximately 4 feet high. The refuse pile was so dense that we could not pass any further into the backyard. An enclosed patio is located at this point. It is screened on 2 sides. As we looked into it we saw piles of refuse, furn_ture, and other items piled 6 to 8 feet high throughout the 1418 Dover Drive Page 6 • entire patio so that we could not enter the patio. The large travel trailer could be observed stored next to the garage on the east side. Because we could not pass any further into the yard, we went back out to the front and around to the opposite gate next to the garage. We pushed open this gate and observed several oil drums stored.against the wall. There were several small containers of waste oil stored next to the trailer. A raised catwalk, about 18 inches off the ground had been built around the trailer so that there was pedestrian access to the door and the backyard. We walked the catwalk to the side of the trailer. We could see through the open screen door into the trailer that someone had occupied it in the past. There was electricity being fed to it by way of an extension cord coming from the house and running up the side of the trailer. As we walked around it_, we could see that water was being supplied by way of a garden hose from a garden hose bib and that waste disposal was hooked up directly to a sewer clean -out line on the house. As we stood in the backyard we could see dried leaves and branches covering the ground, piles of wood soaked with oil against the fence and stacks of used tires. Between the house and the garage was a small alcove. As we looked down the alcove we could see a water heater. Water was leaking from the water heater and running along the side of the house. Stacked up against the water heater was wooden furniture, and several mattresses. In addition to apparent violations of the Fire Code Building Code Housing Code, and Health and Safety Code, it is clear that a i2ublic nuisance exists on this property as defined by Chapter 110.50 of the Newport Beach Municipal Code. Forty -three color 35mm photographs were taken of the premises by Officer Wilson of the Crime Scene Investigation Unit of the Police Department. A meetii'g was held with Assistant City Attorney Carol Korade, Jim Siriasek, "Jim Upton, and myself to discuss how best to proceed with this matter. In considering all the facts, it was decided to proceed with the public nuisance abatement under Chapter 10.50 N.B.M.C.._Once the abatement had been. accomplished, any other Violations that remained to be addressed could then be enforced by ,the appropriate agency at that time. Mr. Sinasek advised that he'd already made contact with the Orange County Health Department Hazardous Waste Unit regarding the dumping of waste oil on the property. I told everyone present that I would follow up on this .aspect and recontact the Hazardous Waste people. It was also decided that a notice should be sent to the property owner, Mr. George Thomassen in Beltsville, Maryland and a copy to Dr. Elmer Thomassen who occupies the property advising them that a public nuisance had been declared and telling them they had the right appeal this decision to the City Council within 10 days purse to 10.50.050 of the Municipal Code. The notice also would clearly state what was expected and how the abatement was accomplished. This notice was prepared and sent on Apr May lst would be the 10th and final day that an appea' filed with the City Clerk's office in this matter. I called the Orange County Health Department - Hazardou. 1918 Dover Drive Page 7 • Unit and spoke to Sharon Kollander on the morning of April 22nd. She told me that her colleague, Lee Gjettley' had received the complaint and had made an inspection of the property. He was not in the office at this time and could not talk to me about the inspection; however, she had been advised that the inspection had been conducted on Monday, April 13th. Mr. Gjettley subsequently sent a letter to the resident advising him of the complaint and the, necessity to properly dispose of the waste oil. She told me she would forward a copy of that letter to me. A copy of this letter was received and is attached to this report. On the morning of April 30th, Dr. Thomassen called me. He told me he had moved the small trailer from the driveway to the cement apron adjacent to it. He wanted to know if this was sufficient to - comply with the abatement order. I told him that it was not sufficient and again explained that the entire property needed to be cleaned up including all the stored waste oil, refuse, and other material. He told me that he felt that was unfair and unreasonable and 7 that he would now like to have a hearing before me as the Enforcement Officer to discuss this matter. I told him that he had that option a month ago and that he was now required to appeal directly to City Council. He told me he understood that from the letter he had received, but he felt that was not fair. I told him that he had been notified by both certified and regular • mail in the 'month of March as to the extent of the problem and given to April 9th to abate the property or request a hearing before me. I reminded him that he called me on April 3rd to discuss the abatement and how he might comply and be given additional time. I again reminded him that he had agreed during that phone conversation to have the front yard cleaned by April 9th and to have the rear of the property cleaned by April 20th. On Apr3;1 17th he had not complied with either the abatement order or the verbal agreement of April 3rd. A final notice was sent to him on i3pri1 21st giving him until May 1st to abate the property or appeal to City Council. As it was now April 30th, this was the only option available to him_ He assured me that he was going to appeal this to the City Council. I told him that as he only had one day remaining, he should do so in person sometime today or \tomorrow morning by contacting the City Clerk at City Hall. Otherwise the City would proceed to abate his property. On May 1st I received a telephone call from Wanda Raggio, the Newport Beach City Clerk. She told me that Dr. Thomassen was at her office requesting an appeal on an abatement order. I explained to her what had transpired and she took the appeal request from Dr. Thomassen. The appeal w4 11 be set for the May 26th City Council meeting. From 191 cone: have Wood May 8th through May -der have called m :rns about the state each requested that of 1921 Diana Lane, 14th several residents in the area of 7 office. Each of them have told me their of the property at that location. They the Citv abate the *property. Mr. William located behind the Thomassen residence, :918 Dover Drive Page 8 has prepared a letter and a petition requesting that the _City Council abate this property. A copy of this fetter and petition with seventeen signatures is attached to this report. Mr. Peter Adanalian of 2000 Diana Lane has requested to address the City Council relating to this problem. He would like to address the Council as to the oil that is in the street from the manv cars parked in front of the property and the danger that the funk, cax batteries, and extension cords left in front of the presents to the children of the neighborhood. An o statements he wishes to make to the City Council is this report. In addition to the City officials previously mentioned, this abatement has been discussed with the City Manager, City Attorney, and the Chief of Poice. `.i 0 0 1 i DECLARATION OF JAMES M. SINASEK of Newport Beach 2 I, James M. Sinasek, hereby declare: and interaction with the 3 1. I am a competent adult over the age of 18 years and have 4 personal knowledge of the following facts which I could and would 5 competent ly'testify thereto if called as a witness. I make this 6 Declaration in support of the Application for Inspection Warrant. 7 2. I am employed by the City of Newport Beach as the Code 8 Enforcement Supervisor and I have been employed with the City for 9 25 years. 10 3. I am personally familiar with this piece of property since 11 the City of Newport Beach has been dealing with it and the 12 associated complaints on and off since as far back as 1961. I have 13 kept a detailed file on this property and have reviewed that file 14 to assist in preparing this declaration. 15 4. By way of background, my file reflects that we began 16 receiving written complaints in 1961. I am unsure from the state 17 18 of the file as to what the ultimate response was concerning those 'I complaints. 19 5. Additional interaction with the homeowner occurred in the 20 early 1980s and there was some involvement with our City Attorney's 21 Office. 22 6. In 1987, the City of Newport Beach had significant contact 23 and interaction with the homeowner concerning this property. 24 Specifically, over the previous five years, we noted that neighbors 25 had consistently complained about Dr. Thomassen's habit of repairing 26 automobiles in the street. Typically, the complaints were of cars 27 parked on the sidewalk and in the street in various degrees 40 28 disrepair, unlicensed or unregistered cars were parked on the II Ti 4 p i'1 i 1 street, waste oil has been spilled into the gutter and onto the 2 sidewalk, automobile parts left on the sidewalk and in the front 3 yard, waste oil left in containers on the sidewalk and in the yard, 4 and diesel fuel stored in unmarked containers in the front yard. 5 The first recorded complaint to the environmental services 6 coordinator was in January of 1982. 7 7. In February of 1983, six illegally parked cars were found 8 in front of the house. All six had expired registrations, some had 9 license plates from other cars attached to them and registration 10 tags from other automobiles were affixed to them. 11 8. In July of 1983, the Police Department investigated the 12 illegal storage of approximately 300 gallons of diesel fuel on the 13 property. This condition was subsequently abated by Dr. Thomassen. • 14 9. In March of 1984, the Police Department initiated a formal 15 abatement of the property. A formal abatement order was sent to 16 Dr. Thomassen indicating that he must remove vehicle parts, 17 p tteries, and storage tanks from the public view, and, remove an 18: ull "registered, inoperable motor vehicle from the driveway. Again, 19 Dr. Thomassen abated the problem. 20 10. In September of 1984, the Police Department initiated 21 another formal abatement order directed to Dr. Thomassen. He was 22 ordered to abate vehicle parts, batteries, and storage tanks from 23 public view, and, to remove another abandon inoperable vehicle. 24 Dr. Thomassen complied. 25 11. In December of 1984, four inoperable vehicles with expired 26 registrations were removed and stored from in front of • 27 Dr. Thomassen Is house. They were subsequently released to his wife. 28 12. In January of 1985, the Police Department sent -i0- 1 Dr. Thomassen a letter requesting that he remove inoperable vehic 2 from the premises in lieu of an abatement. When this failed, a 3 formal abatement order was sent. 4 13. In May of 1985, two abandoned inoperable vehicles were 5 stored in front of the premises. 6 14. In May of 1985, three vehicles parked in front of the 7 residence were found to have false evidence of registration. 8 15. In March of 1987, I sent a letter to Dr. Thomassen 9 indicating that there were a number of municipal code violations 10 concerning the property. Specifically, it was determined that there 11 were electrical cords, waste lines, and water lines attached to the 12 trailer in the rear yard. 13 16. We also received contact from the California Regional 14 Water Quality Control Board indicating that they had done sold 15 research and found that there were complaints of illegal dumping of 16 oil in the storm drains. 17 ;. 17. In April of 1987, the Police Department sent a Notice of 18: Existence of Public Nuisance. 19 18. In September of 1991, the offices of the City Attorney 20 sent a letter to Dr. Thomassen indicating various complaints had 21 been received regarding service and repairs of automobiles on the 22 streets adjoining the property of 1918 Dover. This was in violation 23 of Municipal Code Section 20.40.060(c). 24 19. In July of 1993, a handwritten "Stipulated Agreement 25 Pursuant to Continuance of D &R to December 17, 1993" was apparently 26 executed by Dr. Thomassen and a deputy district attorney. It 27 appears to have been signed by Judge Strople of Harbor Municipd 281 Court. A true and accurate copy of that document is attached hereto -11- 1 as Exhibit "A" and is incorporated herein by reference. 2 20. Within the past two weeks, I have received several 3 complaints from residents concerning the property and its general 4 state of disrepair. As a result, on November 20, 1995, I appeared 5 at the residence to formally inspect the exterior of the residence 6 for various Municipal Code violations. I also took several 7 photographs of the property to document its appearance. The most 8 obvious violations are the health, safety and fire hazards existing 9 as a result of the overgrown trees and shrubs in the front yard 10 along with the dry grass. There is trash and debris strewn about 11 the front yard including old tires and rims. There are large oil 12 spots in front of the house and appear to have drip marks towards 13 the gutter. There is an abandoned vehicle on the property and 14 covered with some type of tarp. There is also an RV camper parked 15 in the driveway and blocking access to the garage in violation of 16 the Municipal Code. There is also an electrical cord and water hose 17 stretched into an upstairs room. There are old tires and debris \ k. 1& stcred on top of the roof. Numerous plastic buckets or containers 19 on the back of the roof are visible from an adjacent street. It 20 appears as though some type of roofing project is or has been going 21 on. Our building code requires that permits be pulled in order to 22 do any roofing work and no such permits have been sought or 23 obtained. 24 21. As the foregoing demonstrates, this particular residence 25 is a considerable source of irritation to the residents, presents 26 an ongoing safety hazard to the homes adjacent to the 'residents and 27 is in currently violation of numerous Municipal Code sections. This 28 requested Inspection Warrant will allow us to better determine what -12- 1 other violations exist both inside and outside of the residenc 2 As such, reasonable cause exist for the Court to issue the requested 3 Inspection Warrant. 4 Based on the above information, listed below are the various 5 code sections pertinent to this Declaration.. 6 10.50.020 Nuisance 7 A. Fire hazards due to vegetation, combustible refuse or 8 waste. 9 C. Accumulation or storage of auto parties, rubbish trash, 10 debris, building materials, plant trimmings and barrels. 11 D. Vegetation which is o��l�regrown such that it may harbor 12 rats, vermin, insects, and other situations likely to cause a hazard 13 to public safety. 14 E. Unsafe or unsightly premises maintenance including: a 15 2. Private driveway maintenance in an unsafe condition. 16 20.87.260 17 Garage not accessible due to camper trailer blocking access. 18: 10 .52.035 19 Gives authority to remove abandoned, wrecked or inoperative 20 vehicle 7'6" use of public right -of -way. 21 Uniform Housing Code Section 1001(e) 22 Hazardous electrical wiring - extension cord on exterior to 23 second floor window. 24 Section 1001(f) 25 Hazardous plumbing - nose to second floor window. 26 Section 1001(1) 27 Fire hazard - dried vegetation on Dover Drive side Ad 28 structure. -13- LJ a a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 1001(k) Hazardous or unsanitary premises - accumulation of weeds, vegetation, debris, rat harborages which constitute fire, health and safety hazards. Attached hereto as exhibits are true and accurate copies of the photographs I had recently taken. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED this day of December, 1995, at Newport Beach, California. -14- 0 EXHIBIT B.ni.5* 1 DECLARATION OF KATHRYN KALANZ 2 I, KATHRYN KALANZ, declare: 3 1. That I am a competent adult over the age of 18 years and a have personal knowledge of the following facts which I could and 5 would competently testify thereto if called as a witness. I make 6 this Declaration in support of the Application for Inspection 7 Warrant. 8 2. I reside at 1930 Diana Lane, in the City of Newport Beach, Q. My horse is located at the end of. the street adjacent to Dr. 10 Thomassen's residence. I have lived at this address for 11 approximately four years. 12 3. During this time, the condition of Dr. Thomassen's house 13 has been a consistent source of irritation, an eye sore to the area, • 14 and, the manner in fashion in which friends, relatives and 15 acquaintances identify the directions to my house. They all know 16 to turn at the "scary house" or the "dump on the corner." 17 4. The outside of-the residence is a continuing state of 18. di � repair. There are overgrown shrubs and trees, the grass is dead, 19 there are frequently large holes dug into the front yard, trash and 20 debris strewn about, and several old tires are strewn about the 21 front yard. 22 S. On the driveway in front of the garage is a RV camper with 23 no license plate or current registration. There is also a mini 24 truck on the property next to the driveway which has an expired 1991 25 registration sticker. There are also old tires, trash and various 26 debris around this area. It also appears that there are a 27 significant number of cats breeding in or under the trailer. 28 EXHIBIT 1 6. The weeds, debris, overgrown vegetation and trash in tho 2 front area is certainly a fire hazard. The trash cans sit out all 3 the time which are extremely unsightly. 4 7. In addition to the trash and tires in the front yard, 5 there are approximately 10 to 20 tires stacked upon the roof and 6 visible from the street. There are other items stacked up with the 7 tires as well but is difficult to determine exactly what those other 8 items are. There are also what appears to be 20 to 30 five gallon 9 plastic containers stored on the roof which appear to contain tar 10 and piled rock from a continuing roofing project. This condition 11 has existed for at least six to nine months. 12 8. On the front of the house, on the second story, there is 13 a window which is always open. There is an electrical cord and 14 water hose going through that window. At one time, a floor fan hund 15 from a rope which was visible through the window as well. 16 9. This house is located virtually directly across from an 17 'elementary school and my children must walk past it each and every r 18 day. My son has commented to me on more than occasion about the 19 unsightly condition of the house. 20 10. In addition, this property is at the corner of the 21 entrance to the housing tract. Several properties in the area are 22 for sale and questions regarding the offensive nature of this 23 particular property have been raised during those sales. 24 11. This particular house also has what appears to be an RV 25 camper in the backyard between the garage and fence. There are 26 large overgrown trees immediately surrounding this camper and it is 27 not known at this time whether anyone lives in that camper or nod 28 12. Finally, in the front of the residence, there are numerous -14- 1 i large oil spots on the street and several of them show drainage into 2 the gutter. On the corner of this particular property there is a 3 storm drain which leads directly to the bay. It appears as though 4 oil drains into the gutter and down into the storm drains. 5 13. This particular property has remained in this type of 6 condition for several years. It is an eye sore to the community, 7 represents a potential fire hazard and represents a potential safety 8 hazard for children who walk by there on a daily basis. 9 i declare under penalty of perjury under the laws he of t__ 10 State of California that the foregoing is true and correct. 11 12 EXECUTED this r / -c r 1995 at Newport _- �- ;-c��K day of r.'�2�r'y� -� 13 Beach, California. 14 15 ' lam•'` r" �t�t- y,..�J -C2.�.e�ric"`a KATHRYN KALANZ 16 17 18' 19 20 21 22 23 24 25 26 27 28 -15- 1 DECLARATION OF RAY CRANDELL 2 I, RAY CRANDELL, declare: 3 1. That I am a competent adult over the age of 18 years and 4 have personal knowledge of the following facts which I could and 5 would competently testify thereto if called as a witness. I make 6 this Declaration in support of the Application for Inspection 7 Warrant. 8 2. I reside at 1908 Dover Drive, in the City of Newport 9 Beach. My house is located at the end of the street adjacent to Dr. 10 Thomassen's residence. I have lived at this address for 11 approximately 2 1/2 years. 12 3. During this time, the condition of Dr. Thomassen's house 13 has been a consistent source of irritation, an eye sore to the area, 14 and, the manner in fashion in which friends, relatives and 15 acquaintances identify the directions to my house. They all know 16 to turn at the "scary house" or the "dump on the corner." 17 1 �i 4. The outside of the residence is a continuing state of 18: disrepair. There are overgrown shrubs and trees, the grass is dead, 19 there are frequently large holes dug into the front yard, trash and 20 debris strewn about, and several old tires are strewn about the 21 front yard. 22 S. On the driveway in front of the garage is a RV camper with 23 no license plate or current registration. There is also a mini 24 truck on the property next to the driveway which has an expired 1991 25 registration sticker. There are also old tires, trash and various 26 debris around this area. It also appears that there are a 27 significant number of cats breeding in or under the trailer. 28 -24- 1B'IT 61 i 1 6. The weeds, debris, overgrown vegetation and trash in t 2 front area is certainly a fire hazard. The trash cans sit out all 3 the time which are extremely unsightly. 4 7. In addition to the trash and tires in the front yard, 5 there are approximately 10 to 20 tires stacked upon the roof and 6 visible from the street. There are other items stacked up with the 7 tires as well but is difficult to determine exactly what those other 8 items are. There are also what appears to be 20 to 30 five gallon 9 plastic containers stored on the roof which appear to contain tar 10 and piled rock from a continuing roofing project. This condition 11 has existed for at least six to nine months. 12 8. On the front of the house, on the second story, there is 13 a window which is always open. There is an electrical cord and 14 water hose going through that window. At one time, a floor fan hur4d 15 from a rope which was visible through the window as well. 16 9. This house is located virtually directly across from an 17 Elementary school. My son has commented to me on more than occasion 18: ab *ut the unsightly condition of the house. 19 10. In addition, this property is at the corner of the 20 entrance to the housing tract. Several properties in the area are 21 for sale and questions regarding the offensive nature of this 22 particular property have been raised during those sales. 23 11. This particular house also has what appears to be an RV 24 camper in the backyard between the garage and fence. There are 25 large overgrown trees immediately surrounding this camper and it is 26 not known at this time whether anyone lives in that camper or not 27 /// 28 -25- 1 2 3 4 5 6 7 8 9 l0l 11' 12' 13 14 15 16 17 18: 19 20 21 22 23 24 25 26 27 281 12. Finally, in the front of the residence, there are numerous large oil spots on the street and several of them show drainage into the gutter. On the corner of this particular property there is a storm drain which leads directly to the bay. It appears as though oil drains into the gutter and down into the storm drains. 13. This particular property has remained in this type of condition for several years. It is an eye sore to the community, represents a potential fire hazard and represents a potential safety hazard for children who walk by there on a daily basis. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED this day of 1995 at Newport Beach, California. 0—�o RAY C L `I j -24- • 0 EXHIBIT B.iii.7o 1 DECLARATION OF JEFF WINTER 2 I, JEFF WINTER, declare: 3 1. That I am a competent adult over the age of 18 years and 4 have personal knowledge of the following facts which I could and 5 would competently testify thereto if called as a witness. I make 6 this Declaration in support of the Application for inspection 7 Warrant. 8 2. I reside at 1900 Dover Drive, in the City of Newport 9 Beach. My house is located three houses south of Dr. Thomassen's 10 residence. I have lived at this address for approximately seven and 11 one -half years. 12 3. During this time, the condition of Dr. Thomassen's house 13 has been a consistent source of irritation and an eye sore to the . 14 neighborhood. 15 4. The outside of the residence has been in a continuing 16 state of disrepair with overgrown shrubs, trees, weeds and other 17 yTgetation. The trash cans continually sit in the front yard. In 18;: 1, addition to the trash cans, there are old tires, piles of gravel, 19 old doors and other junk. 20 5. On the driveway in front of the garage there is an old RV i 21I camper as well as two old unlicensed cars. 22 6. There seems to have been some sort of a new roof installed 23 which does not appear to have been properly permitted. There are 24 several tires stacked up on the roof as well as numerous five - gallon 25 plastic pails, wood, bricks and other debris. 26 7. The window upstairs above the garage appears to be missing 27 as it is always open with a water hose and electrical cord going 28 through is at various times. -la- aX1 T R I T 1 8. This property has been in this type of condition for 2 long as I have lived in my house. It is an blight on the 3 neighborhood. I have a concern that this house is a potential 4 health and /or fire hazard and hope that some action can be taken to 5 correct the above concerns. 6 I declare under penalty of perjury under the laws of the 7 State of California that the foregoing is true and correct. 8 F 9 I EXECUTED this !'�� day of QKEG i f3EtZ 1995 at Newport 10 Beach, California. 11 12 �f ' JEFF WINTER 13 14 , 15 16 17 Il1 18 19 20 22 23 24 25 25 27 28I -19- 0 i-1 L J .EXHIBIT B.111.8 CITY OF NEWPORT BEACH January 23, 1996 P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Mr. George W. Thomassen 15507 Allview Dr. Beltsville, Maryland 90705 SUBJECT: 1918 Dover Drive (.AP 117 -421 -01; Lot 7, Track 3004) Newport Beach, CA Dear Mr. Thomassen: After receiving numerous complaints relative to the exterior condition of the subject property, the property was visited by the undersigned and permission to inspect the side and rear yard was granted by Ann, Dr. Thomassen's daughter, on January 16, 1996. The purpose of that inspection was to identify fire hazards, unsafe conditions, public nuisances, and other violation of municipal codes. The inspection revealed the following: 1- Front yard areas visible from the public street 'a' A small teardrop type trailer is continually located in the seven (7) foot public- right -of -way in front of the garage. b.:' An extension cord runs between the interior and exterior of the premises through a window. C. A green water type hose runs from the interior to the exterior of the premises from a second story window. d. Discarded tires are in various locations.. e- Wood, doors, plastic grates, a pile of sand and other items are exposed to public view. f. A dried pile of palm leaves. 2. Side yard area a. A wood covering that extends to the side yard property line with miscellaneous storage on top.. b. A tub of brown water C. A broken plastic bucket with roofing cement. d. Various other buckets and boxes. e. Accumulated dried leaves. 3 300 Newport Boulevard, Newport Beach, 17 P-T T R 7 q' u Mr. George W. Thomassen January 23, 1996 Page Two 3. Rear yard area a. Large accumulation of dried leaves b. Dried wood C. Piles of x -ray film d. Various other accumulations 4. Patio enclosure a. Four to five foot high piles of various storage items. 5. Roof area a. Piles of plastic buckets, tires and other storage items on top of the roof and chimney. All of these items constitute a fire hazard, are considered dangerous and unsafe to human life and obstruct adequate egress, or constitute an attractive nuisance.. These items are a violation of Section 203 of the Uniform Administrative Code, and Newport Beach Municipal Code Section 10.50, and must be removed by February 7, 1996. In orderto ensure compliance with our requests, you are to contact the undersigned and arrange for a re- inspection of your property. To discuss this letter or to arrange for a re- inspection appointment, please contact Jim Sinasek between the hours of 7:00 to 5:00 A-M. and 3:30 to 4:00 P.M. at (714) 644 -3215. Very truly yours, BUILDING DEPARTMENT Raimar W. Schuller, Director Jim �fnasek, Go6e Enforcement Supervisor • JS:jf c: 1AAistant City Attorney Ms. Joan Thomassen go I ' ROBERT H. BURNHAM; CITY ATTORNEY, #44926 ROBIN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 2 DANIEL K OHL, DEPUTY CITY ATTORNEY, #109372 /1=1 CITY OF NEWPORT BEACH 3 3300 NEWPORT BLVD.; P. 0. BOX 1768 R E C E I N( Erb"IUEcoUhlrySUPERIOR NEWPORT BEACH, CA 92659 -1768 ` SEP 2 6 4 (714) 6443131 SEp 1996' Ca ?ER. Exeggrve Glfea /C@,� 5 Attorneys for.-Plaintiff, CITY OF NEWPORT BEACH C1;v �, ,lupi�-` -- __ CITY OF NEWPORT &Y;.rFq�Et,BERG -� 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 . FOR THE COUNTY OF OP.r';NI:E 10 li 11 12 13 14 15 16 17 18 19 20 21 22 It&] 24 25 26 27 28 CIT`f OF NEWPORT BEACH, A Municipal Corporation, Plaintiff vs. ELMER THOMASSEN, JOAN THOMASSEN, and DOES 1 through 10, Inclusive Defendants. OCSC 1\10: 764298 ASSIGNED TO JUDGE JAMES P. GRAY DEPARTMENT "24" DEFAULT JUDGMENT BY THE COURT This cause came on for a prove -up hearing on application for default judgment submitted by plaintiff, CITY OF NEWPORT BEACH. It appearing that defendants, ELMER THOMASSEN and JOAN THOMASSEN, having been regularly and properly served with process, having failed to answer plaintiffs Complaint filed herein, and the default of these defendants having been duly entered, and upon application of plaintiff to this Court, and, having read or considered the evidence submitted; IT IS HEREBY ORDERED'. 1. A permanent injunction is hereby issued against defendants, ELMER THOMASSEN and JOAN THOMASSEN, effective immediately, requiring ELMER THOMASSEN and JOAN THOMASSEN to cease and desist maintaining any illegal, 40 W- 1 unsafe or unpermifted conditions on the premises located at 1918 Dover Drive; Newpor{ 2 Beach, California, in accordance with Sections 10.50, 10.52, 20.87260 and Uni! 3 Housing Code Section 1001 et seq. 4 2. The parties hereto shall bear their own costs and attomeys' fees for this 5 suit. 6 7 8 Dated: SEf S gS 1696 ,JUDGE JAMiES P. GRAY ro 0 JUDGE OF THE 5 PERIOR COURT II 10 11 de\ple2dfngvnomasse\de Duda 12 13 ' 14 15 16 ' rl 17 18 19 20 21 . 22 23 24 25 26 ' 27 28� [J 0 ,EXHIBIT B.111.10 MEMORAWUM To: Deputy City Attorney, Dan Ohl From: Code and Water Quality Enforcement Manager, Tim Sinasek Subject: 1918 Dover Drive, Newport Beach J Date: September 9, 2003 Attached are copies of the photos and violations noted with respect to the subject property. These photos observations were made on September 8, 2003. The originals have been hand delivered to Daniel Ohl, Deputy City Attorney. The various violations are as follows: NBMC Sec. 20.66.040B3a Parking in Required Yards Photo depicts partial view of a trailer stored within the front yard setback area. Trailer on front yard not allowed if not in front of garage. UBC Sec. 1607.4.4 Special roof loads (2001 California Building Code) 2. Photo depicts various items, including old tires, a table, a wood palate, and some covered storage items on second story roof. Roof not designed for special purposes nor approved by the building official. 3. Photo is a close up view of roof storage. 4. Photo is a close -up of roof storage. NBMC Sec. 10.50.020C Accumulation of rubbish, trash and debris 5. Photo depicts plastic buckets, a screen door, a push type lawn mower, wood palate and other items stored under a blue plastic covering. NBMC Sec. 10.50.020C Accumulation of rubbish, trash and debris 6. Photo depicts accumulation of black plastic covering approximately one- half of the front yard. NBMC Sec. 10.50.020F Obstruction of Public Way EXHIBIT 20 L-1 • 0 7. Photo depicts a trailer tongue, front of automobile, chair and miscellaneous items obstructing the public way. 8. View of public way. NBMC Sec. 10.50.020C Accumulation of rubbish... 0. Photo depicts accumulation of plastic covers, wood, chair, palates, etc. which is not allowed by code. NBMC Sec. 10.50.020F Obstruction of Public Way 10. Photo depicts vehicle parked on public sidewalk. NBMC Sec. 20.60.020A1 Extensions into Yards 10. Photo depicts a partial fence in excess of permitted six foot height limit. • of /AWE ����L /✓1/ i D+ �� {S A &I- 20-71-Dh/ 0 I of 1 09/08/2003 2:33 PM r Sn . t r P^ WN.� i!�.NypyS r?aR.�sYCysms+r�v� _ l- i '�n YAK' Y' i >� t, �1 � Ev. t r •fiyyr r �y1 •� '��'l�! a {?� % _r� 7?�`�'' 'l�Sy ;i ' t J-1 A f ,t r y 0 XZ 51 w .2O C a of 1 09/08/2003 232 PM All i t t j� - t ter► _ a+. y. eL 0 i of 1 09/0812003 2:31 PM • EXHIBIT B.iii.116 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY October 17, 2003 Dr. Elmer and Joan Thomassen VIA U.S. CERTIFIED WAIL 1918 Dover Drive VIA U.S. FIRST CLASS MAIL Newport Beach, CA, 92660 POSTED ON SITE AS PUBLIC NOTICE RE: 1918 DOVER DRIVE NOTICE TO CORRECT CODE VIOLATIONS Dear Dr. and Mrs. Thomassen: After repeated and ongoing complaints concerning the condition of your property, the City, through its various departments, inspected your property from the public right -of- way. The purpose was to determine the nature and extent of the conditions which are not in compliance with our municipal codes. As a result of those inspections, you are being provided this Notice to Correct Code Violations, pursuant to Newport Beach Municipal Code Section 10.50.040, which, if not corrected within the time and in the • . matter specified, will result in further enforcement activities by the City. The volume and magnitude of violations may give rise to a public nuisance at the property, on the basis of Newport Beach Municipal Code 10.50.020. The following list is the conditions noted by inspections which must be corrected by the time and in a manner specified for each violation. Further, it is necessary that you keep your property in a condition which does not give rise to further violations. Please note the folloing: 1. Newport Beach Municipal Code Section 13.08.060 - This section requires property owners to trim all shrubs and plants so that they do not encroach upon a sidewalk or a street in such a manner as to impede or interfere with traffic or pedestrians. On July 14, 2003, you were provided with a warning by Marcy Lomeli to trim all plant material according to these guidelines. (Exhibit 1) You were given until July 29, 2003 to make the necessary corrections. Unfortunately, you chose to ignore the Notice of Violation and as a result, City crews were forced to trim accordingly. (Exhibits 2 -5) 2. As a result of an inspection on August 27, 2003 it was determined that an awning has been attached to a wall above a window without necessary permits or . inspections as required by Uniform Administrative Code Section 301.1. (Exhibit 6) In addition, it appears that this awning protrudes to within two feet (2') of the property line and potentially into the required setback area. 3300 Newport Boulevard Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3131 • Fax: (949) 644 -3139 . www.city.newport_hra�h,c3 t15 Dr. Elmer and Joan Thomassen October 17, 2003 Page 2 It is necessary for you to obtain a building permit by submitting necessary plans and specifications to the Building Department within seven (7) days of the date of this letter. It may require that you seek further approval of the awning through the Planning Department by way of a modification or variance to the setback requirements. In the event that you are unwilling to apply or are unable to obtain these approvals, the awning must be removed within seven (7) days of the date of this letter. 3. In addition, a number of items are stored on the roof in violation of the Uniform Building Code Section 1607.4.4. These items include old tires, a table, wood pallets and other miscellaneous items. (Exhibits 7 through 11) The roof is not designed for these purposes nor has it been approved for such by the Building Department. Please remove all items from the roof within seven (7) days of the date of this letter. Further, from time -to -time, a make shift boom or pulley system has appeared on the property which allows items to be moved from the ground to the roof for storage. (Exhibit 12) Such a system is in violation of the Uniform Housing Code, Section 1001.3(7) as the framing members of the roof are of an insufficient size to carry these extra loads. Please remove this pulley system within seven (7) days of the date of this letter. 4.1 4r records further reflect that the public right -of -way extends to seven feet (7) back from the curb face. Newport Beach Municipal Code 10.50.020(f) prohibits obstructions within the public right -of -way. Vehicles may not be parked in such a fashion as to obstruct the public right -of -way. Other miscellaneous items which may not obstruct the public right-of-way include the trailer tongue from the travel trailer, the front of any automobile, or any other item. (Exhibits 13 through 17) Please remove all other obstructions to the public right -0f - -way, including any vehicles, trailers, trailer protrusions and all miscellaneous debris with seven (7) days of the date of this letter. The public right -of -way must remain clear at all times and you must take all reasonable efforts to make sure that none of your activities interferes or obstructs the right -of -way. 5. It has also been determined that a trailer being stored within the front yard setback area is in violation of Newport Beach Municipal Code Section 20.66.040(B3a) which prohibits trailers on the front yard if they are not in front of a garage. (Exhibit 18) Please remove this trailer immediately. Dr. Elmer and Joan Thomassen October 17, 2003 Page 2 6. Inspections have also determined that there is an accumulation of rubbish, trash and debris strewn across the property in violation of Newport Beach Municipal Code 10.50.020(c). Various photographs depict plastic buckets, screen doors, push lawn mowers, wood pallets, black plastic covering a significant portion of the yard, old doors, and various other items. (Exhibits 19 through 32) These items must be removed within seven (7) days of the date of this letter. 7. It has also been discovered that there are two (2) dryers and a washing machine in the front near the front door clearly visible from the public right -of -way. (Exhibit 33) Newport Beach Municipal Code Sections 10.50.020 E (1) & (3) prohibit the storage of such items in such a manner as to be visible from the public right -of- way. 8. There are also extension cords running from the house to the driveway area which must be removed as well. (Exhibit 34) Please correct these violations within the time period specified in order to avoid further enforcement activities by the City of Newport Beach. Please contact me should you have any questions or comments. VeryAruly yours, naseR, Manager & Water Quality Enforcement da Enc. FAusa rs\cat\s h ared\d a \plead ing \Thomassen \letter \ET- JTclea nUp.doc a #,`, -IAN -1, gpg JL I ti �^ +.. tea.;•... . CL ' '`-, 1 , i� .. '40 ' v cam. i.._ —_.__. F t � , L I■ t i z: r� P E. t � ■ F■ Z 3 Rea+ r y 't M • + + .'., `► s R• :)• AA ICA • i_ i d .. • e - Y tom° V �( l a. i - .r 41, _ rn: �F+ui ' w r A M- k 6 .A ra .. •.5' 1,' .pE 4 1 ' : •.4 'J�y'ti ¢ :i r:: - t ^t rtii '�v1 t 4' IF ... or qr r q - _ �t - uw ' 7 ¢ Z / �,� f� � /��. 13 It \� i � aw:.e ���7 / � \� � . z. - \ \ \�: � �3 2�: \ I � �} �' \ � . � �.,. � \ ,�� � AW I , -,� R ftiv� fi :� � \� l •{ IR O V sw r�. '!�' A: +.. � ;' # � � K 4f '= ` ,. � _ �. 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Ll '31� ;,lail a. �;Ew�Rr CMG VOa��' kaudw"IMMOA Mr. EH Thomassen 1918 Dover Drive Newport Beach, CA 92660 Re: 1918 Dover Drive Dear Mr. Thomassen, July 14, 2003 This letter is to inform you that the property located at 1918 Dover Drive is in violation of the City Municipal Code, Chapter 13.08, Section 13.08.060 (Owners of Premises Required to Trim Branches). Specifically, violations regarding plant material is encroaching the public right -of -way (see attached photograph highlighted). The violations that need to be corrected are as follows: • 1. Trim back off the sidewalk and to a height of at least 8 `/z feet above the sidewalk for pedestrian traffic clearance. 2. Ensure the removal of any residual debris from the trimming. It is the..responsibility of the property owner to trim the plant material in compliance with the City "Municipal Code and to maintain it in the requested manner at all times (Attachment). If you have any questions regarding this matter, please contact John Convvay, Urban Forester at (949) 644 -3083 or e -mail at icon,,,,.avncity .ne,,voort- beach.ca.us. 4 rel - . Lomeli Park and Tree Maintenance Superintendent MGL /pr Attachment • cc: Daniel Ohl, Deputy City Attorney Jim Sinasek, Code Enforcement Supervisor NOTICE OF VIOLATION GENERAL SERVICES DEPARTMENT PARKS AND PARKWAYS DIVISION 592 Superior Avenue P.O. Box 1768 Newport Beach, CA 92663 (949) 644 -3062 Date 7/14/03 Time 11:00 am No. 71403 WARNING ONLY (X) Previously Advised ( ) Final Warning ( ) An inspection of the following listed location in the City of Newport Beach has revealed violation (s) o£a Newport Beach Municipal Code. 1918 Dover Drive, Newport Beach Name of owner or business: Mr. EH Thomassen DESCRIPTION OF VIOLATION(S): In violation of Municipal Code Chapter 13. 08, Section 13.08.060 TO CORRECT THIS VIOLATION: Trim all plant material following the guidelines in the attached letter and illustration, THIS VIOLATION MUST BE CORRECTED BY 07/29/03. If the violation is not corrected by the date specified an ADMINISTRATIVE CITATION will be issued and penalties will begin to accrue ($100.00, 5200.00 AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, revocation of permits, recordation of notice of violation, withholding of future municipal permits, crirginal prosecution and/or civil injunction may be utilized to correct this violation(s). In addition, 100/. late fee will be charged on any reinspection invoice not paid by the due date. A REMPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT CO:bIPLETED AN ADMINISTRATIVE CITATION WILL BE ISSUED AND FEES WILL BEGIN TO ACCRUE. I declare under penalty or perjury under the laws of the State of California that the foregoing is true and orrect. Execute on the dad shown above. Marcelino G. Lomeli 7701 ignature o Issuing O Etter Print Name of Issuing ffrcer �— VIOLATION CLEARED DA I' t SERS G} %"Shared? 2003 Parks and'rrces Notice ut e'iulzuuns ).07030) due 0 • • CITY OF NEWPORT BEACH OFFICiE OF THE CITY ATTORNEY October 27, 2003 Dr. Elmer and Joan Thomassen VIA U.S. CERTIFIED MAIL 1918 Dover Drive VIA U.S. FIRST CLASS MAIL Newport Beach, CA, 92660 POSTED ON SITE AS PUBLIC NOTICE RE: 1918 DOVER DRIVE (SITE) SECOND NOTICE TO CORRECT CODE VIOLATIONS NEWPORT BEACH MUNICIPAL CODE SECTION 1050 Dear Dr. and Mrs. Thomassen: Your property was reinspected on October 24, 2003 to determine what, if any, progress you had made in correcting code violations of which you were given notice on October 17, 2003. The inspection revealed that only the washer and dryer near the front door had been removed as had other minor and miscellaneous items on the driveway. It was also noted that other items had been added to the property, including miscellaneous bricks, concrete debris and a chair on the driveway. As was noted in the letter dated October 17, 2003, the following are the conditions which must be corrected by the time and in the manner specified for each violation. 1. The awning which has been attached to the wall above the window still needs `permits and inspections to make sure it complies with all building and planning islues. It is necessary for you to obtain planning and building approval for the awning within seven (7) days of the date of this letter. In the event that you are unwilling or unable to apply or obtain these approvals, the awning must be removed within seven (7) days of the date of this letter. 2. There continues to be numerous items stored on the roof including tires, a table, wood pallets and other miscellaneous debris. As was noted in the prior letter, the roof is not designed for these purposes nor has it been approved for such by the Building Department. Please remove all items from the roof within seven (7) days of the date of this letter. 3. Further, the make shift boom or pulley system must also be removed within seven (7) days from the date of this letter. 4. Various items at your property continue to obstruct and block the public right -of- way. Vehicles may not be parked in such a fashion as to impede or prohibit use of the sidewalk, Please remove all obstructions from the public right -of -way, 3300 Newport Boulevard • post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3131 • Fax: (949) 644 -3139 • www.city.newport- bW4'C,',,U4 — • Dr. Elmer and Joan Thomassen October 27, 2003 Page 2 of the sidewalk. Please remove all obstructions from the public right -of -way, including any vehicles, trailers, trailer protrusions and miscellaneous debris within seven (7) days of the date of this letter. 5. The trailer being stored in your front yard must also be removed within seven (7) days of the date of this letter. 6. The extension cords running from the house to the driveway area must be removed immediately. 7. The accumulation of rubbish, trash and debris strewn across the property must also be removed with (7) seven days of the date of this letter. Various photos depict plastic buckets, screen doors, push lawnmowers, wood pallets, black plastic covering, old doors, and other assorted items. Please correct these violations within seven (7) days of the date of this letter in order to • avoid further enforcement activities by the City of Newport Beach. Very,fruly,,,yours, 1 fiasek, Manager Mater Quality Enforcement da Enc. 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On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. / 3. a. DATE OF DEPOSIT: Octobe L_ , 2003 b. PLACE OF DEPOSIT: Newport Beach, California I declare under penalty of perjury under the laws of tf late of California that the foregoing is true and correct. EXECUTED on this October, 2003, at Newport Beach, California. r i`C t Signature: Debbie Aicaraz City of Newport each Dr. Elmer & Joan Thomassen 1918 Dover Drive Newport Beach, CA F: \cat\debbie\pleading\Thomasse\DAproof.doc • MEMORANDUM To: City Manager From: Code and Water Quality Enforcement Manager Subject: 1918 Dover Drive, Newport Beach, California Date: November 3, 2003 Initial list of corrections visible to public way: • Trim all plant material encroaching into public right of way • Remove side yard awning or obtain required building permit • Roof storage of old tires /wood on second story roof • Various items stored/encroach into public right -of -way • Trailer stored in front yard • Accumulation of rubbish, trash, debris, broken up concrete 1 • Washing machines /dryer stored by front door • Electrical extension cord running from under front door to driveway area Prooeress to date: • Plant material in public right -of -way trimmed by City personnel • Some furniture and rolled plastic material and wood removed from garage area • Washing machines /dryer removed from public view by front door Additional items remaining date: • Side yard awning/no building permit obtained in R7 " x " r rn . C% November 3, 2003 Page 2 • Roof storage of old tires/wood on second story roof • • Various items stored/encroach into public right -of -way • Trailer stored in front yard • Accumulation of rubbish, trash, debris, broken up concrete • Electrical extension cord running from under front door to driveway area New items added: • New broken slats for fence in front yard approximately five (5) feet high • No trespassing sign placed in City tree/right -of -way • Bricks /wood placed in street at curb line • New hole dug into front yard, approximately fourteen inches deep for no reason • Clear and blue plastic material on roof covering various items and blowing off in places • • Buckets Rill of dirt in front yard by mailbox • Wood scattered about on first floor roof •New cut vegetation and orange buckets in front of garage area • Auto battery being charged with hood up • Yardstick lying across public right -of -way Violation not previously identified: • Automobile parked on and obstructing public sidewalk Proposed action: • Notice property for Public Hearing on • 11 • 0 LIST OF PHOTOGRAPHS IN RE: ELMER and JOAN THOMASSEN 1918 DOVER DRIVE NOVEMBER 24.2003 Below is a list of photographs taken on November 3, 2003 by Code & Water Quality Enforcement Manager, Jim Sinasek. 1. Photograph 2. Photograph 3. Photograph 4. Photograph 5. Photograph 6. Photograph 7. Photograph 8. Photograph 9. Photograph 10. Photograph 11. Photograph 12. Photograph 13. Photograph 14. Photograph 15. Photograph 16. Photograph 17. Photograph 18. Photograph 19. Photograph 20. Photograph of residence from across the street. showing sidewalk. of sidewalk. of area in front of garage. of area adjacent to garage. of front of residence. comer of resident. of entry to front door. of entry to front door. of front yard. of front yard. of front yard. of front yard. of front yard. of roof area. of parked vehicle with blue tarp adjacent to driveway. of parked vehicle with blue tarp adjacent to driveway. of area adjacent to garage. of area adjacent to garage. of trailer tongue with axel. 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OHL Deputy City Attorney 3300 Newport Boulevard Newport Beach, California 92658 and JIM SINASEK Manager, Code and Water Quality Enforcement 3300 Newport Boulevard Newport Beach, California 92658 PRECISE REPORTING SERVICE (949) 833 -9099 • (800) 647 -9099 • FAX (949) 833 -1390 www.precisereporting.com r 1 L� s I- N -D -E -X E- X- H- I- B =I -T -S CITY EXHIBITS 1 - Note from Helmy M. Guirgis, M.D. 2 - Various letters from homeowners 3 - The city of Newport Beach's file PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MONDAY, NOVEMBER 24, 2003 -- NEWPORT BEACH, CALIFORNIA (The following proceedings were held in public forum:) HEARING OFFICER: Good afternoon ladies and gentlemen. Again, my name is Richard Murphy, and I'm going to serve as the hearing officer today. It is November 24th, 2003. The time is approximately 4:20 p.m. This is the public hearing relating to the property at 1918 Dover Drive in Newport Beach, California owned by Dr. Elmer Thomassen and Ms. Joan Thomassen. My understanding is that first the assistant city attorney will make a presentation, and then Mr. Sinasek from the City of Newport Beach will make a presentation, and then we will open this matter up for comment from the members of the public. I have reviewed several written documents that have been submitted by various residents. I have been in contact today with Dr. Thomassen. I've also been in contact with his physician, a Dr. Helmy, H- e- 1 -m -y, Guirgis, G- u- i- r- g -i -s, M.D. concerning his physical condition. We are taking all those matters into consideration. We will proceed today with the public hearing to enable -- in order for this process to go forward. Mr. Ohl, I will turn it over to you in order to make the initial PRECISE REPORTING SERVICE (949) 833 -9099 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comments for the City. MR. OHL: Okay. I did want to let you know that I received a phone call this morning at about 8:30 from Dr. Thomassen. He had requested that this matter be continued because of his medical condition. I then went to his residence and picked up a note that I then faxed to you from his physician. So I at least want to have those documents entered into the record. So I've got the original with the envelope that I'll hand to the court reporter as part of the administrative record. HEARING OFFICER: Thank you. While we're on that subject, 1 will note further that I did speak again with Dr. Guirgis who asked me whether this hearing had to do with the taking away of Dr. Thomassen's property. Apparently he had conversations with Dr. Thomassen and that was apparently Dr. Thomassen's understanding, and for the record I'll relay that I did explain to Dr. Guirgis that this hearing today is 'ot to render any type of decision to take Mr. or Dr. Thomassen's property away, but merely to make a determination concerning whether a public nuisance exists, which basically has to do with the City's desire to have Dr. Thomassen clean up his property. So I just wanted that on the record before we get started. MR. OHL: We've prepared a two -page staff report. In the report we've indicated that we have had a number of PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 complaints from a number of citizens, perhaps some of the individuals here this evening. As indicated in the declaration we provided to you we've had problems with Dr. Thomassen's property since as far back as 1961. There was a document we found in our file from 1987 indicating that the property had been declared a public nuisance at that point. That document has been provided. There was also a lengthy report prepared indicating what was done to abate that nuisance back I believe in May of 1987. Since 1987 we've had ongoing problems with Dr. Thomassen in things appearing at the property and then disappearing or things appearing on the roof and disappearing. We've gone to court before Judge Gray back in I against Dr. Thomassen. We attempted to enforce that default judgement by attempting to serve Dr. Thomassen with the documents. The court required that we provide proof of service on Dr. Thomassen as opposed to substitute service to anyone else. Any of the times that we've gone to the property to attempt to serve him he's taken off and disappeared, and we've had difficulty in serving him. We've also had a number of declarations submitted by homeowners back in 1995. I believe there are those exhibits in the packet as well. PRECISE REPORTING SERVICE (949) 833 -9099 • L J • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18., 19 20 21 22 23 24 25 We have recently attempted to get the property cleaned up by issuing administrative citations through our code enforcement division. I believe we have a total of 16 administrative citations issued over about a seven -year period. I don't believe any of those citations has resulted in the property being improved. As a result in late August or early September of this year it was determined that we were going to proceed'if possible with some type of nuisance abatement procedure. So in that light we went out and we inspected the property. We took a number of digital photographs of the property, compared those photographs and the condition with the requirements of our Municipal Code. We had individuals from the building department, the fire department, the police department, the helicopter support, planning department, code and water quality department, and I believe even public works went out. 1 We did also receive information from the planning department, although I don't believe they went and inspected the property, Each of those departments provided us with the written documents of the conditions that they found, the information that they felt would provide us with the ability to indicate whether it was or wasn't in compliance with our municipal codes, and following that we issued our first notice to correct violations in October, on October 17th. PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 That's one of the exhibits that we provided. Attached to that document were different photographs that we had taken which clearly depicted from our perspective what the problems were in order to provide Dr. Thomassen with excellent notice of what it is that we saw that were problems and how to go about cleaning those items up, whether it was the tires and debris that were on the roof, the pulley system in front of the garage, the travel trailer in the front yard, the doors that he made in to a fence; the construction debris, those types of things. From our perspective looking at those items it did not appear that they would be any type of construction material anybody would use for any kind of ongoing construction project. Rather, this appeared to be items that had been removed from another construction site and had been temporarily stored there for who knows what reason. We did not receive any response from Dr. Thomassen �r. Sinasek posted the property. We have photographs to support that. We also sent it out -- HEARING OFFICER: You mean by that you posted the property? MR. OHL: What we did is we took our -- the Municipal Code requires that we take our packet of materials and physically place it upon the property. So by the front door we had a small envelope with two strips of duct tape that we PRECISE REPORTING SERVICE (949) 833 -9099 � 1 1 2 3 4 • 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attached to the front door next to the no trespassing sign. We also sent a copy by certified mail, by regular mail, and also an extra copy served with proof of service. I did receive a phone call from Dr. Thomassen the following week indicating that he had received those documents. We waited another week. We went back out and reinspected the property. We determined on the second inspection that the conditions had not improved. In fact, they had gotten worse. We noticed that there was a washer and dryer placed I believe on the walkway adjacent to the front door. HEARING OFFICER: When was the second inspection? MR. OHL: I believe it was the 21st of October, the following Friday, because the second notice was sent out on October 24th and so it would have been done the Friday before. So on the second notice we again provided copies of �Ihe documents, a second set of photographs so he could see what the conditions were that we find issue with. We again gave him another seven days to make those corrections. We went back out on the 3rd of November and performed a third inspection of conditional photographs. The property had not improved at all, although I believe the washer and dryer had been removed at that point, but other items had been added to the front yard. PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING OFFICER: Just for clarification it appears that the letter that I'm looking at that I believe you are saying is the second notice is dated October 27th, first line of which indicates the property was reinspected on October 24. MR. OHL: That's correct. HEARING OFFICER: Would those be the correct dates then reinspect. MR. OHL: Correct. THE COURT: All right. Reinspection on October 24th and the letter to Dr. Elmer and Joan Thomassen is dated October 27th. MR. OHL: Correct. HEARING OFFICER: And then next time was November 3rd. MR, OHL: November 3rd. Following that inspection we met with the city manager on the following Monday which believe was the 6th or 7th of November. We reported our findings to him and recommended that he set this public tearing so that we could have a determination as to whether I or not the conditions of the property would qualify as a public nuisance under 1050 of our Municipal CodeUnder 1.08 of our Municipal Code the city manager has authority to appoint a hearing officer to take evidence and make findings and recommendations, which is the reason that you're here as opposed to the city manager. With that we'll have Jim Sinasek go through the PRECISE REPORTING SERVICE (949) 833 -9099 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18� 19 20 21 22 23 24 25 photographs that were taken on November 3rd, and he can identify additional information for you, and we'll be happy to answer any additional questions you might have. HEARING OFFICER: Mr. Sinasek. MR. SINASEK: Before we go in to enumerating the various issues of the subject property I'd like to enter into the record information that we received and that we had taken part in. Prior to -- in conjunction with the notice of public hearing we sent out 76 letters to property owners within 300 feet of the property lines of the property, the subject property 1918 Dover Drive. Of those 76 letters two of the letters were returned as being undeliverable and 15 letters were received as a result of the notification of the public hearing. I'd like to enter into the record the names of the people that returned information to us, written documentation, and some of these folks expressed, even though they may be here this eening, some folks expressed the inability to attend the meeting, and they expressed their desire to be here if they were able to. One of the letters we received was from a Lynn Brown, 1406 Vivian Lane. HEARING OFFICER: I have that. MR. SINASEK: Another letter was from an Andrew W. Couch. I have a mailing address of P.O. Box 8648, Newport PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 X 10 11 12 13 14 15 16 17 18; 19 20 21 22 23 24 25 Beach. HEARING OFFICER: I will need a copy of that letter. Andrew Couch? MR. SINASEK: Yes. We received a fax copy of a letter from a Brian and Georgina Forbath, 1500 Priscilla Lane. HEARING OFFICER: I'll just ask you, Mr. Sinasek, to provide me with a copy of every letter that you are referencing right now. MR. SINASEK: I will. Another letter from a Gretchen H. Franklin, 2006 Dover Drive; another letter from a Glyn Lister and Sonia Lister, 1812 Dover Drive; another letter from Lance and Nancy Gilbertson from 1806 Dover Drive; letter from William and Barbara Wolfe, 1800 Dover Drive; another letter from a Bernice Brown from 2000 Dover Drive; a letter from Jennifer E. Ensminger from 2007 Diana Lane; a letter from Jeffrey A. Thompson, 3801 Scottsdale Drive, Irvine, C1alifornia; a letter from Dawna Ridge, 1405 Priscilla Lane; a letter from Jeff and Janet Winter, 1900 Dover Drive; a letter from Kathryn Fletcher Kalanz, 1930 Diana Lane; a letter from Herbert and Alma Thompson, 1927 Diana Lane; and a final faxed letter from a Stan Abe, 1908 Dover Drive. HEARING OFFICER: There's a total of 15 letters? MR. SINASEK: Correct, 15 letters. MR. OHL: We're going to have those sent out now and PRECISE REPORTING SERVICE (949) 833 -9099 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 copied for you. HEARING OFFICER: Thank you. Okay. MR. SINASEK: Okay to proceed? HEARING OFFICER: Go ahead. MR. SINASEK: We went by the property this morning, late morning, approximately 11:00, myself and deputy fire marshal Ron Braden, and we took a number of photographs at the property which pretty much depict the current situation as of late this morning, which is pretty similar to what was there at our three previous inspections. Primarily what we're observing, number 1, would be Newport Beach Municipal Code violations code section 20.66.040 which references parking in required yards, and there is a trailer that is stored in the actual front yard of the property, and our code precludes storage of that type in front yards. If we have any problems with defining what is the Font, side, or rear of the yard, let the record show that if you're standing on Dover Drive looking directly at the property, that is the front yard. The side of the property where the garage access is is actually the side yard which faces Leila Lane, Also observed is numerous items on the roof of the property, stored items, tires, wood pallets, some type of a hoist system, and that type of storage is precluded by PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 Uniform Building Code section 1607.4.4 which deals with especially roof loads, and basically roofs are designed to support their own loads without any additional weight being attached to the roofs. Also, throughout the front of the property and the sides of the property is violations of Newport Beach Municipal Code section 10.50.020 subsection C which defines accumulation of rubbish, trash, and debris. There are various items on the property visible. They changed some degree from time to time, but there was always some type of debris, whether it's cut up, broken up lumber, pots, sometimes there are battery chargers that are attached to cars on the property being powered by electrical cords, extension cords coming out of the front door of the property, which is a violation of the Uniform Building Code. I can't go into the detail enough to explain all of the accumulation of things that are on the property. When I s�ry things, there have been loads of riprap that have been delivered to the property. HEARING OFFICER: Loads of what? MR. SINASEK: Riprap, broken up concrete, chunks of concrete that some folks will utilize for building a temporary wall or building a wall. That particular riprap was covered up with rows and rows of black plastic material, a visqueen type material. There is a accumulation of roof PRECISE REPORTING SERVICE (949) 833 -9099 E L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tiles that had been delivered to the property, bricks, numerous buckets on the property. There are holes that have been dug from time to time. Currently there's a hole that's probably oh, 18 inches deep by about four feet, four, five feet across. For what purpose? Who knows? We've had reports in the past that these holes have been utilized for dumping waste oil products, garbage, bicycles. HEARING OFFICER: There's a hole in the front yard? MR. SINASEK: It is in the basically the side yard behind the front yard contiguous to a palm tree in the side yard. There is lots of just loose chairs, cardboard, wood to say nothing about the tires and other small items left around the property. There's been some attempt made, it appears that some of this material is obstructing the public way in the side yard which is a violation of Newport Beach MAnicipal Code section 10.50.020 F., and when we're talking about the obstruction of the public way, we're talking about not only many of the small things that can quite easily be removed, there is also a tongue from a trailer, travel trailer that's sticking in the public way, and it appears that there's -- some effort has been made to try to saw off the tongue of the front trailer because the hacksaw that apparently is being utilized is still stuck in the tongue of PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18; 19 20 21 22 23 24 25 the trailer. One of our last visits to the property there was a yardstick in the public way across the sidewalk. Other items that we've noticed there is -- some time back a metal awning was constructed attached to the side of the building, and this metal awning extends almost completely to the side property line, and it's our contention and belief that this unit, that a permit was never obtained for the construction of this alley which would have been required by Uniform Administrative Code section 301.1. Additionally, in the front yard there has been some type of a I'll use the word fence loosely. There have been some upright approximately five foot high pieces of wood that are broken about eight feet wide, five feet high, I'm not sure how they're being held up in the front yard, but nevertheless they're there. HEARING OFFICER: There (indicating)? MR. SINASEK: Correct. And below that five foot high temporary fence are numerous doors that have been laid lengthwise across the width of the front of the property that extend from one side yard almost to the -- all the way to the walkway and toward the front door. We mentioned earlier that there was also an extension cord that extends from the front door of the house out through the walkway to the front door, and we've noticed PRECISE REPORTING SERVICE (949) 833 -9099 • • E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that apparently has been utilized for powering a battery charger that's been used to charge one of the vehicles that's in the side yard, and even when it's not being utilized to power the charger, the cord remains. And we've noticed in the past, although not currently, that hoses, electrical cords have been extended from the second store -- second story bedroom area I believe all the way down to the ground floor for whatever purpose. Currently there -- HEARING OFFICER: Let me just interrupt you for a second, Mr. Sinasek. Is this Dr. Thomassen? Is that who's joined us? MR. THOMASSEN: Uh -huh. HEARING OFFICER: Thank you, sir. Go ahead, Mr. Sinasek. MR. SINASEK: Getting back to the roof, there are two roofs that have a considerable amount of material on the i,00fs, both the roof of the first floor, which some attempt has been made to spread a blue plastic canvas type material over some of the material on the roof. I don't know if it's there for rain protection or for what protection it may be there, but it has been utilized to cover up some of the material that's on the roof. On the second story roof there's additional tarps, canvases, plastic material that is utilized to cover up some PRECISE REPORTING SERVICE (949) 833 -9099 1 1 other -- some other -- 2 MR. THOMASSEN: We're going to the bathroom. 3 HEARING OFFICER: All right. 4 MR. SINASEK: And in addition to that material that's 5 covered up there are obvious tires; some type of hoist system 6 that's been utilized. Additionally, in the front yard not 7 only are there stacks of riprap that was exposed prior to 8 being covered up with a black visqueen, there is a 9 considerable amount of visqueen or plastic. I'm not sure 10 what it's covering up, but behind visqueen and plastic are 11 trash cans and wood that appear to be broken up, some type of 12 wood pallets. 13 HEARING OFFICER: Mr. Sinasek, why don't I interrupt you 14 for a second? Since Dr. Thomassen did just arrive and he 15 indicated he needed to use the rest facilities, why don't we 16 give him five minutes so he can return so he can be present 17 f:or further presentation? 18, 1 MR. SINASEK: That pretty much concludes my comments on 19 the property. 20 (A brief recess is taken from 4:44 p.m. until 21 4:48 p.m.) 22 HEARING OFFICER: Step right up, Mr. Thomassen. Come 23 forward if you please and Mr. Ohl I believe can lower the 24 microphone here at the lectern. 25 MR. THOMASSEN: You went ahead with the hearing without PRECISE REPORTING SERVICE (949) 833 -9099 1 2 • 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 • me. HEARING OFFICER: Well, we waited 20 minutes, sir. MR. THOMASSEN: Well, that's not long enough. HEARING OFFICER: Well, you're here now so we're glad you're here to participate. MR. THOMASSEN: I called in three or four times. I fell at the curb, too. Fortunately didn't hurt myself much. HEARING OFFICER: Everything is being taken down by the court reporter, so you'll -- MR. THOMASSEN: Sorry? HEARING OFFICER: Everything is being taken down by the court reporter so you'll have an opportunity to review everything that's been said. MR. THOMASSEN: Before I do everything I renew my motion for continuance. HEARING OFFICER: Okay. And -- MR. THOMASSEN: You want to know the basis for it? HEARING OFFICER: Yes, sir. i MR. THOMASSEN: Yeah. First of all, notice came to my house when I was in Baylor University Hospital in Dallas, Texas. I was traveling through Texas and -- actually I had traveled to Atlanta to a meeting, to a conference, and then I -- and I went by bus. I have a bus pass. I worked for the Greyhound bus company in 1940 in the law department. Anyway, I started to bleed rectally, and I thought PRECISE REPORTING SERVICE (949) 833 -9099 �.4 i ) i 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18; 19 20 21 22 23 24 25 well, that's just a little bleeding from hemorrhoids. Then I colored the stool, the whole toilet three times. So then I got my friend to get me an emergency ticket on Delta Airlines, and I got on in Mobile, Alabama, and I asked the ticket agent if she would put me in a single seat if they had room, and she said sure, no trouble. So I was all by myself. I said I have a horrible cough that I'm sure would annoy the passengers. When I got to Dallas I had to switch planes, so I tried to do the same thing, and the stewardess at the admission to the airplane she said, "Oh, we're full. We can't do that." So I had seat 24C. So I went back there. And then another stewardess came by. I said, "What was the name of that stewardess that sent me back here ?" Oh, by the way she said we're full. They had at least a dozen empty seats. It's true they weren't full empty seats. They could have moved somebody if they were willing. Anyway, so I asked to have Denise come back so I 1 could explain to her what happened and try again. And she came back and she started gabbing at me. And I said, "Well just a minute, please. Can I explain ?" She turned around, calls the cops, and then they pushed me off the plane. So they take me by ambulance in to the hospital. And, of course, I was there almost a week. I had no idea that I had lymphoma, but my normal PRECISE REPORTING SERVICE (949) 833 -9099 r 1 • 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 • pulse over the last 40 years is about 55, around 60. My pulse went up to 100 to 120, and nobody understood that. I asked a bunch of doctors. I finally found out two days ago the cancer causes that. It's called peritoneal parietal syndrome, and I had never heard of it in 50 years of taking care of cancer patients, but when I looked up in the library, some doctor told me about it. Anyway, then I got out of the hospital and took my bus home because I had a pass and the -- and well, that's how I got home, and I got home -- I was scheduled to get home Saturday morning at 6:00, and then I looked, and see, I have an abscess tooth that I've been fighting, and that's the worst thing you can have if you're going to have cancer. So I went down to my dentist who's in Ensenada. He's a former patient of mine so he takes care of me, and then I got my tooth pulled, which is fine now. I -- HEARING OFFICER: That's good. 'I MR. THOMASSEN: A lump here and this is going down, so I'm getting treatment. My treatment, basically I called my brother, he's a vascular surgeon -- oh, he called me at Baylor, and at Baylor he called me twice second time after I had the diagnosis. I said, "Well, Paul, what's the -- what's the best treatment ?" He said well -- now he's a surgeon. He said no surgery. Just chemotherapy. I said B.S. I know a lot better treatments than -- I go to the cancer meeting PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18., 19 20 21 22 23 24 25 every week at UCI, and we see the fatal cancer patients and they die in a year or two. I used to see cancer patients 50 years ago that have been around for 30 -- 25, 30 years still alive because they didn't get chemo, didn't get radiation. Well, anyway, I'm saying now why do I need a continuance? Well, first of all, I didn't get notice. Is this a civil or criminal hearing? HEARING OFFICER: Well, just -- MR. THOMASSEN: Is it civil? HEARING OFFICER: It's a civil matter: There's no criminal preceding here right now. This is a public hearing. DR. THOMASSEN: I need an answer. Is it civil or criminal? I called my friend Judge Shield and he said, "You've got to find out is it civil or criminal ?" That's why I'm asking you. HEARING OFFICER: This is a civil preceding. DR. THOMASSEN: Thank you. Thank you. ') HEARING OFFICER: Just so you understand, I spoke to your doctor earlier today and -- DR. THOMASSEN: Oh, good. HEARING OFFICER: I talked to him, and he say that you were under the impression that this was some sort of a matter to take your property away from you. And I want to assure you that the purpose of this hearing today is not to take your property away from you. PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ;18 19 20 21 22 23 24 25 DR. THOMASSEN: You know why -- HEARING OFFICER: Please let me finish. DR. THOMASSEN: You know why I think that? HEARING OFFICER: Would you let me finish? DR. THOMASSEN: Okay. HEARING OFFICER: So, please understand that the City has no intention of taking your property away from you. All the purpose of this hearing is is to determine whether or not your property should be declared a public nuisance. DR. THOMASSEN: Well -- HEARING OFFICER: What the goal of what the City has here I believe is to get you to cooperate with them to clean up your property. And, in fact, I believe you said earlier today when I spoke to you -- DR. THOMASSEN: Oh, you're -- HEARING OFFICER: -- that you basically needed more time. DR. THOMASSEN: You're Mr. Murphy? HEARING OFFICER: Yes, I am. I just talked to you earlier today; correct? DR. THOMASSEN: Yeah. HEARING OFFICER: Yes. And I think you indicated that you needed time to clean up the property. DR. THOMASSEN: Yeah. HEARING OFFICER: Okay. PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR. THOMASSEN: And -- HEARING OFFICER: So that's what the purpose of this hearing is today, sir. DR. THOMASSEN: Okay. Well, first of all, I need to establish -- first of all, have you denied the continuance? HEARING OFFICER: Well, I'd like to hear from the city attorney as far as what the City's position is. DR. THOMASSEN: Well, I need to know your Honor's qualifications. What's your bar number? I need it recorded. HEARING OFFICER: 102831. DR. THOMASSEN: Okay. And are you bonded? HEARING OFFICER: Sir, I'm here to serve as a hearing officer. DR. THOMASSEN: I need to know. I need to know if you're qualified, and as an attorney member of the bar you have to be bonded. Yes or no? HEARING OFFICER: Well, I'm not sure what you are re4rring to when you say this. DR. THOMASSEN: Well, the bond has to be recorded in the county; okay? So I need that recorded by the -- this is very important whether you're qualified to do what you're doing. And -- is Mr. Ohl here? HEARING OFFICER: This is Mr. Ohl. DR. THOMASSEN: Dan. MR. OHL: I talked to you this morning. PRECISE REPORTING SERVICE (949) 833 -9099 LJ i • 'f • r 1 LJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR. THOMASSEN: Same thing with you. What's your bar number? MR. OHL: Doesn't matter whether I'm bonded or not. I'm the City's advocate. DR. THOMASSEN: I think you're right about that. You don't need to be an attorney. So you're refusing to tell me whether you're bonded or not? HEARING OFFICER: What I'm saying, sir, is I'm not sure what you're referring to when you say bonded; all right? I am here. I am not ruling on the motion. MR. THOMASSEN: The only -- HEARING OFFICER: Please let me finish; okay? You're going to be given every opportunity to address the issues. All right. The public is here. The reason the public is here is because they had certain things that they would like toz say. i DR. THOMASSEN: Well -- HEARING OFFICER: The City I believe wants to work with you to reach a resolution to the issues here. DR. THOMASSEN: Okay. HEARING OFFICER: So for that reason what I'm saying is that I'm not going to expect you to respond to everything right now so that you'll have adequate time to respond. DR. THOMASSEN: Okay. PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 HEARING OFFICER: I'm just saying that the City has the opportunity and the right now to at least say what they want to say, and then we can work towards reaching a resolution. DR. THOMASSEN: Okay. HEARING OFFICER: But this is just giving the people an opportunity to speak, to say what they want to say so that you can hear what they want to say. DR. THOMASSEN: All right. I have a constitutional right to be confronted by my accusers. So how many here have a complaint? Put up your hand. I need all your names. HEARING OFFICER: Okay. I believe they're going to speak. DR. THOMASSEN: For the court reporter. Yeah. Now, who wants to talk to me? Anybody want to question me? I'm available. HEARING OFFICER: Doctor, let's -- DR. THOMASSEN: Nobody came to my house and asked to h�lp or an explanation. That's the first step. HEARING OFFICER: All right. Doctor, if you can please sit down, we'll let the public make their comments and then you'll have a chance to make your comments; all right ?' DR. THOMASSEN: Well, the hearing is denied; am I right? HEARING OFFICER: The hearing is going forward. DR. THOMASSEN: I mean the continuance is denied. HEARING OFFICER: Well, you didn't explain what you want PRECISE REPORTING SERVICE (949) 833 -9099 0 I* 1• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 it continued for. DR. THOMASSEN: I want it continued until after Christmas if possible, but I'll take anything. HEARING OFFICER: Well, you told me you wanted to continue it in order to clean up the property. Is that what you want a continuance for? DR. THOMASSEN: I want a continuance so I can recover and work at it. Yeah, if the City hadn't robbed me repeatedly, I'd have money to hire somebody. I don't have it. HEARING OFFICER: Okay. Well -- DR. THOMASSEN: All I had in my pocket in Dallas, Texas -- I mean in Mobile, Alabama $6. A friend of mine loaned me the money for the ticket. HEARING OFFICER: As I indicated, you will have plenty of opportunity to respond, but this procedure today is simply to allow the public to make whatever comments they would like �i tp make. That's all; all right? I'm deferring any type of judgement. I'm not going to make a judgement at this time. DR. THOMASSEN: Okay. Thank you. By the way, I'm hard of hearing. You probably think I'm talking loud. To me it's normal. And yesterday, fortunately you didn't have this yesterday, I couldn't hardly talk, but I'm a lot better today, my voice. HEARING OFFICER: Okay. I'm glad to hear that, sir. PRECISE REPORTING SERVICE (949) 833 -9099 1 All right. If Mr. Sinasek is completed with his comments, 2 then I believe the next step would be to allow anyone who 3 would like to speak to come forward. Is that the procedure, 4 Mr. Ohl? 5 MR. OHL: You can either decide if you wish to take 6 further evidence and testimony from Dr. Thomassen or open it 7 up to the public and take public comment, and then decide if 8 you wish additional information. 9 HEARING OFFICER: Okay. Dr. Thomassen, is there 10 anything you would like to say? Is there anything you'd like 11 to say about the condition of your property? 12 DR. THOMASSEN: Well, I've improved a lot of it. One 13 thing you wanted me to take the stuff off the roof. Forty 14 years ago the City approved a flat roof. I didn't know any 15 better. I should have, but I didn't. So -- 16 HEARING OFFICER: Have things been taken off the roof? 17 DR. THOMASSEN: No. 18 HEARING OFFICER: Okay. Has anything been done to 19 address any of the items that were set forth in the letters 20 that the City sent to you? 21 DR. THOMASSEN: Just a minute. I need to finish the 22 roof. We had three -- two or three rains, and the leaks have 23 ruined the inside of my house. Yeah. You know what I paid 24 for that house in 1956? 19,000. And I had a realtor. Of 25 course, we had our own law, looked at it recently. He said, PRECISE REPORTING SERVICE (949) 833 -9099 t L� is • u_l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "If you fix it up, it's worth 800,000." So anyway, so I'm going to fix it up the best I can. It's going to take me a bit of time, but why did I not move the stuff off the roof? First of all, I couldn't. Didn't have time. Secondly, I covered it with a tarp. Fortunately I'm operating presently, up until this week anyway or until I went out of town, at a Backbay veterinary hospital. I helped do a big bone surgery. I'm an orthopedic surgeon. And had he this tarp laying there. And I said, "What do you want to do with it ?" He said, "You can have it." I took it, and that's what I covered my roof. And through the three rains it did not leak. And I'm going to leave it there until the rainy season is over or until I can do something better or finally until the City repairs the damage they did by approving a flat roof again two years ago. My wife, when I was out of town, went and had a new 1 cover on the roof. Still leaks. He's been called, the roofer been called three or four times. He came twice, still leaks. So I had to do something to prevent more damage not only to me, but to the City. I'm trying to save the City money. HEARING OFFICER: Doctor, have you talked to anyone at the City about working with them to try to fix some of the problems on your property? PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR. THOMASSEN: Let's see. Well, I did -- did years ago, ten years ago. HEARING OFFICER: How about within the last two months? Have you talked with Mr. Sinasek? DR. THOMASSEN: I don't think so. HEARING OFFICER: Okay. DR. THOMASSEN: I don't remember, but I may have. HEARING OFFICER: Okay: DR. THOMASSEN: I called to Mr. Ohl all the time. HEARING OFFICER: As far as any items that are set forth in the letters that you received have you addressed any of those names? DR. THOMASSEN: Oh, yes. I took everything I could out of public view. I covered it with tarps. So they can't see it now so it shouldn't -- and I put up a fence. I put up -- I went down -- you know what I did? I got a friend of mine -- by the way, I have a wonderful neighbor by the name o� Bob Schmidt. He's supposed to be here today, but he -- his son got burned so couldn't come. But anyway he's the one that helped me move my trailer, and he told me what to do with it. And he -- and well, he didn't tell me about the fence. I built that fence myself. That's a three foot -- less than three foot. It's more than seven feet from the curb. That's exactly what the Code requires. And I'll build some more now. PRECISE REPORTING SERVICE (949) 833 -9099 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18: 19 20 21 22 23 24 25 And now the trailer that Mr. Ohl suggested or ordered, whatever, me eight or ten years ago to move to where I put it, it's there. It's been there for, what, ten years? And now these -- they declare that two feet is illegal. Well, the solution to that I'm cutting the tongue off. As you see I got it half cut off, but that's a lot of work. So and -- anything else? Let's see what else did I do? Well, the last time the fire department came and they dug up my compost, found nothing. And then worse than that, fortunately I needed the exercise then, they left it uncovered so I had to do it all over myself. Now I'm doing some compost there in the front yard now. I take the leaves and bury them. I'm a farmer. I'm a farmer. I'm an engineer. I'm a researcher. I'm an orthopedic surgeon. I'm trained. I'm not too smart, but I'll tell you I still can learn. I'm the dumbest one in my family by the way. My brother's smarter tan I am. I HEARING OFFICER: Okay. If you say so, DR. THOMASSEN: Well, I think he says so too because he thought I should have chemotherapy and he'd be rid of me then in two years. HEARING OFFICER: Doctor, why don't you relax? And if anyone from the public would like to come forward and make any comments, and I would just please ask that you listen and PRECISE REPORTING SERVICE (949) 833 -9099 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 do not interrupt; all right? And then you'll have an opportunity to respond afterwards; all right? All right, sir? DR. THOMASSEN: I'm sorry? HEARING OFFICER: I'm just asking you if you would just sit back, relax, and -- DR. THOMASSEN: I want to hear what they say. HEARING OFFICER: Yes. So you can sit right up there just so that the public can come forward and make whatever comments they would like to make so that you can hear them and -- but I again ask you to just please do not interrupt and let them have their say -- DR. THOMASSEN: After they finish -- HEARING OFFICER: -- and you can respond. DR. THOMASSEN: After they finish can I question them? HEARING OFFICER: You'll get an opportunity to respond; okay? This isn't a cross - examination session; all right? This is just an opportunity for people to make comments, and then you can make some final comments. All right. With that being said is there anyone who would like to come forward and make any comments? HEARING OFFICER: Dr. Thomassen, if you could just maybe move back a little bit to the side so you can make sure you hear everything. DR. THOMASSEN: This is my good ear, so. . . PRECISE REPORTING SERVICE (949) 833 -9099 i i i • I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING OFFICER: Okay. DR. THOMASSEN: It's not very good, but at least I can hear. MR. JOHNSON: My name is Tom Johnson. I live at 1924 Diana Lane. HEARING OFFICER: Okay. Doctor, can you hear Mr.. . MR. JOHNSON: My name is Tom Johnson. HEARING OFFICER: Tom Johnson. Can you hear Mr. Johnson? MR. JOHNSON: I live at 1924 Diana Lane where I see the property -- I see the street that goes in to the side yard of this property. Today I think you see behind me a number of residents from -- that have problems with 1918 Dover Drive who are disgusted with its present conditions. Some of these neighbors have been looking at and complaining about this ,exesore for the last 20 to 30 years. This neighborhood today i� filled with young children, parents who want to raise their kids in a place that's safe, clean, and healthy. That's why they move to Newport Beach. Most of these families have to walk their children past this monstrosity on their way to school to Mariners Park or to the library which are situated just across the street. Can you imagine the thoughts of these young minds when they walk past it? I bet that most of the families, in fact, walk PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 far across the street and around the home so as to not scare the children. Now Mr. Thomassen of 1918 Dover Drive -- DR. THOMASSEN: I am not Mr. Thomassen. MR. JOHNSON: -- is another story. DR. THOMASSEN: I'm Dr. Thomassen. MR. JOHNSON: Dr. Thomassen. You know what? I didn't interrupt you once. I would expect the same courtesy. DR. THOMASSEN: Then respect me. HEARING OFFICER: Gentlemen, this is civil. Please refer to him as Dr. MR. JOHNSON: Dr. Thomassen of 1918 Dover Drive is another story. He laughs at the misery he brings to others. At one point he even told the son of my next door neighbor that he'd prevail in the long run. He laughs at you, the authority. Today he'll stand .up and give you some sob story about not having the strength ok good health to clean up his mess. Well, I've witnessed a i number of occasions that would prove otherwise. He regularly rides a bike through the neighborhood. I've witnessed him acquiring a patio table and chairs at a garage sale recently and loading them atop his car by himself. He's strong enough to hoist automobile tires up several stories to his rooftop, and he's even strong enough, as he has been this past week, to work on his broken down cars that are in front of his PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18: 19 20 21 22 23 24 25 house. Earlier today he asked -- moments ago you asked him why he didn't remove his stuff from the roof. I just want to point out that his quote was he didn't have the time, not the strength. Newport Beach and the neighbors in this community don't deserve this. Each of us maintains our yards and pays to have garbage picked up. We haul off our junk of excess trash and old used furniture to the junk yard. We're all required by law to properly dispose of chemicals and oil. 1918 Dover Drive simply leaves the containers on.the sidewalk in front of the house. We all have.fences that fall within the code of height, and we have permits that allow us to properly upgrade our residences to Code. Some of the homes in our neighborhood have somewhat plain landscaping; others look like they're out of Sunset Magazine. The point is there's pride in this neighborhood, and we simply expect the same level of pride, simple or extravagant from this neighbor. Twenty to 30 years is enough. It's time to have the residence cleaned up and to make certain that the City dump is not located in the center of town. Thank you. HEARING OFFICER: Thank you, Mr. Johnson. DR. THOMASSEN: Can I ask a question? MR. OHL: No. PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING OFFICER: No, sir. We're going to let the public make the comments. MR. OHL: You don't get to ask questions. DR. THOMASSEN: When they see me? That was before I was sick. HEARING OFFICER: Sir, please keep your thoughts to yourself. And when everyone is done from the public, you will have a chance to respond; all right? DR. THOMASSEN: Well, I don't have a good memory, so I need some paper to write on. HEARING OFFICER: Mr. Ohl, can you provide him with a. pad? DR. THOMASSEN: See, he gave a biased statement. He claims I did that -- HEARING OFFICER: Dr. Thomassen, I would just ask that you please be quiet and listen to the public and then they -- `they're being quiet and they have listened to you -- j DR. THOMASSEN: Yeah. i HEARING OFFICER: -- and I would like you to give them the same courtesy; all right? DR. THOMASSEN: Is this Mr. Johnson? HEARING OFFICER: That was Mr. Tom Johnson; all right? DR. THOMASSEN: Is he one of the people that complained? HEARING OFFICER: You just heard what he had to say. So please just -- PRECISE REPORTING SERVICE (949) 833 -9099 0 • is i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR. THOMASSEN: He didn't complain -- did he complain? HEARING OFFICER: Make a list of everyone who is going to come up and speak. DR. THOMASSEN: Did he complain to the City or to me? HEARING OFFICER: Okay. DR. THOMASSEN: He didn't -- HEARING OFFICER: Sir, please. DR. THOMASSEN: If he's not one of the complainers, I don't want to be confronted by him. HEARING OFFICER: All right. We're going to ask anyone else that wants to come up and make any comments come forward right now. DR. THOMASSEN: What's the -- well, I'll get the address MR. ENSMINGER: I'll just write my name for you; okay? You want my address, too? DR. THOMASSEN: Yeah. Telephone number. 1I MR. ENSMINGER: Yeah, right. DR. THOMASSEN: No telephone number. HEARING OFFICER: All right. And, Doctor, again, I please ask you just please be quiet and listen and give him the same courtesy that he has given to you, because none of the public has interrupted you; correct? DR. THOMASSEN: That's right. HEARING OFFICER: Okay. So -- PRECISE REPORTING SERVICE (949) 833 -9099 j , 1. 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18; 19 20 21 22 23 24 25 DR. THOMASSEN: I appreciate it. HEARING OFFICER: -- please let them speak, and then you're going to have an opportunity when they're all done to say a few more words; all right? That's all I ask you. All right, sir, would you please state your name for the record. MR. ENSMINGER: My name is Mark Ensminger. HEARING OFFICER: Mark, would you spell your last name? MR. ENSMINGER: E- n- s- m- i- n- g -e -r. I live right on the corner. DR. THOMASSEN: Excuse me. Sorry. HEARING OFFICER: Go ahead, Mr. Ensminger. MR. ENSMINGER: I'm stay at home dad with two kids. I walk by that property at least twice a day with my kids and other kids. We specifically avoid the property. We don't let any of the kids walk on the sidewalk. We've seen needles out there with -- it turned out it was antifreeze going in to aicar. You know it's an unsafe environment. You've stated it. You've documented it. I'm not really sure about the crutches and wheelchair thing because I have seen him dig holes. I've seen him ride his bike. I've seen him ride his bike on garage day, or garbage day so he can go out and collect stuff and bring it home. I don't put stuff out specifically because he'll grab it and I'll see it in his PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18; 19 20 21 22 23 24 25 front yard. I don't want to see my stuff in his front yard. I had an interesting conversation with him a couple weeks ago and how he wanted to know why he wouldn't want to live to be a hundred because he's the fittest 84 year old there is. So I'm a little confused about how his current condition is slowing up the process of his cleaning his property. Everyone wants a safe environment for their kids. That's what it comes down to. To me it's not personal to him. It's a safety issue. I've seen a freezer door on the side of the house with the freezer running, but it's so full of I don't know what that it scares me. And the door is open and kids can see it. They can go in. They can get stuck in it. I'm worried to know what's in those R.V.'s in there. It just scares the -- who knows what? Diesel fuel. I don't know. But to me it's a safety issue. It's not a property 7lue issue; it's safety. So, do you want to respond? HEARING OFFICER: Thank you, sir. No, he's not responding until after everyone else has had their say; all; right? The next person we have is. . . MS. HAWKINSON: My name is Alexandra Hawkinson. HEARING OFFICER: Alexandra -- MS. HAWKINSON: Hawkinson. PRECISE REPORTING SERVICE (949) 833 -9099 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 HEARING OFFICER: -- Hawkinson. Can you spell your last name, please? MS. HAWKINSON: H- a- w- k- i- n- s -o -n. We share a property line. I'm behind -- I'm sorry. HEARING OFFICER: Can you speak in to the microphone so the doctor can hear you? MS. HAWKINSON: We share a property line. We live behind you. DR. THOMASSEN: Where? MS. HAWKINSON: We live behind you. We share a fence. DR. THOMASSEN: On Dover? MS. HAWKINSON: No, we're on Diana. DR. THOMASSEN: Where Thompson is. MS. HAWKINSON: Next to there. DR. THOMASSEN: Next to Thompson? MS. HAWKINSON: Uh -huh. Just a small property line. And we've redone our backyard, and before we redid it and ! nce we've redone it, we have a rodent problem. DR. THOMASSEN: I'm sorry. MS. HAWKINSON: We have a rodent problem, and we have people THAT come out and set traps. I have a two and a half year old so I don't like that, and we think a lot of it has to do with being behind his yard. I can only say that everything that Tom said echoes what we feel, and I just wanted to add the rodent problem. So that's it. PRECISE REPORTING SERVICE (949) 833 -9099 i i • Im 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING OFFICER: Okay. Thank you. Anyone else like to come forward? There's a lot of people here. If anyone else wants to speak, now is the time to come forward. One at a time. MR. WEDEMEYER: DR. THOMASSEN: MR. WEDEMEYER: W- e- d- a -m -e -y -- DR. THOMASSEN: HEARING OFFICE too. My name is Michael Wedemeyer. Just a minute. I and my wife -- want me to spell it? I'm sorry. R: Slowly so he can and I can get it, MR. WEDEMEYER: W- e- d- e- m- e- y -e -r. And I live at 2015 Diana, and I'm one of the new residents in the neighborhood. And my wife Cathleen and I have been absolutely shocked that this has been allowed to go on for as long as it has. We, the people that are responsible, cannot get away with this. We have to live up to the codes. If we find -- are found in violation of a Code, we have to fix it. The matter of fact that he claims he's destitute doesn't preclude him and give him advantage. I am absolutely shocked to find out that this has been going on 40 years. I mean this is what some of my neighbors have told me. Now, there should be no special treatment given him for the fact that he says he doesn't have the finances, for the fact that he's got other problems he PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 claims, Why should he be given special advantage in front of you or us to do this type of thing? I just find it appalling. That's all I wanted to say. HEARING OFFICER: Thank you, sir. MS. PERRI: Hello. My name is Laura Perri. I live at 1412 Priscilla lane. DR. THOMASSEN: Just a minute. HEARING OFFICER: Can you spell your last name, ma'am? MS. PERRI: Oh, sure. P, as in Paul, e- r -r -i. DR. THOMASSEN: Y? MS. PERRI: Y -o -u. As in y -o -u. DR. THOMASSEN; Y -o -u? MS. PERRI: Yes. DR. THOMASSEN: P- e- r- r- y -o -u? MS. PERRI: That will do. DR. THOMASSEN: Well, correct me, please. MS. PERRI: Yes. Okay. Here. MR. WEDEMEYER: How can you let him do this to people? HEARING OFFICER: He's just getting their name. Just please relax. MS. PERRI: We have lived in our home for -- since 1966, and it has been a constant changing scene of debris. There's no use flogging a dead horse, but one of the wonderful things we experienced was they used to have a small trailer in which they put oranges which I understand -- PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18,. 19 20 21 22 23 24 25 DR. THOMASSEN: I'm sorry. I can't hear. HEARING OFFICER: Please speak in to the microphone. MS. PERRI: The trailer that had all the oranges that you sold maybe to Orange Julius was what we understood, and I -- for instance, I can't wash my car anymore, that's fine, but they live right by one of those drains'that end up in the -- and the debris ends up in the bay. There used to be oranges that would rot in the gutters and then wash down in to the drain, if we were lucky. I've had three kids walk to Mariners. They had to walk by all this stuff. It just -- it changes. If there isn't a trailer there or there are six cars that have to be moved, none of which run with any great evidence of use. I'm a little nervous here. But it just goes on and on, and they I'm sure have had many opportunities to upgrade this house to make it look decent. It really must be unsafe. And it just -- another `i continuance just gets him off the hook again. Why isn't his i brother doing this? Doesn't he own the house? DR. THOMASSEN: I'm sorry. I can't hear. MS. PERRI: Does your brother own the house or do you? DR. THOMASSEN: My brother? HEARING OFFICER: Okay, ma'am, he's not supposed to ask you questions. I would rather you just make your comments. MS. PERRI: Okay. PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING OFFICER: Everything will be taken under consideration. MS. PERRI: That's basically what I have to say. I think it's gone on way too long. DR. THOMASSEN: I don't have your address, please. MS. PERRI: I'll give it to you later. DR. THOMASSEN: She didn't give it. MR. OHL: She'll give it to you later. DR. THOMASSEN: I'm sorry? HEARING OFFICER: She'll give it to you later. Is there anyone else who would like to come forward? MR. ETHERINGTON: Good afternoon. HEARING OFFICER: Good afternoon. MR. ETHERINGTON: My name is Roger Etherington. DR. THOMASSEN: Roger? MR. ETHERINGTON: Etherington, and I will spell that for you slowly. DR. THOMASSEN: E- c- t -e -r? HEARING OFFICER: Okay. Just listen, Doctor. He's going to spell it for you slowly. MR. ETHERINGTON: E -t -- DR. THOMASSEN: I'm sorry? MR. ETHERINGTON: E -t -h -- DR. THOMASSEN: E, like Elmer? MR. ETHERINGTON: Yes. PRECISE REPORTING SERVICE (949) 833-9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 i� DR. THOMASSEN: Okay. T. MR. ETHERINGTON: H. DR. THOMASSEN: H. MR. ETHERINGTON: E -r. DR. THOMASSEN: E -r. MR. ETHERINGTON: I -n -g. DR. THOMASSEN: Oh, I got it. Thank you. MR. ETHERINGTON: T -o -n. DR. THOMASSEN: E- t- h- e- r- i -n -e. Your address? MR. ETHERINGTON: 1901 Diana Lane. I bought and own that property in 1965. I'm here merely to add some history. I lived at the property at Diana Lane from 1965 to 1992. I still own it. Historically we're talking at least 25 years. I can't be precise, but approximately that time I and several neighbors petitioned the City to do something about this at `least once, almost certainly twice. Most of Di -- the `esidents at Diana Lane at that time and most of the residents of Dover Drive. DR. THOMASSEN: Of what? MR. ETHERINGTON: Of where you live, Dover Drive. What particularly triggered the second petition to the City as ! well as all of the complaints that have seemed to have gone on throughout the years was, and I raise the issue of extension cords because apparently this is a continuing PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 problem, I had had enough when there were joined extension cords to cars over the sidewalk in poured water with young children going to school. This doctor 25 years ago by my math was less than 60, maybe 59. I do not understand how he could not understand the problems he created, the hazards he created. I cannot understand why the City has done absolutely nothing as far as I can see or have heard, and all I can tell you over a period from 1965 to today it has continually got worse and worse. I don't live there anymore. I go by from time to time. I want you to know this goes back that long. At least there's one person here who has seen it for that long. I have complained about it and know of other neighbors who have since left who also complained. Thank you. HEARING OFFICER: Thank you, sir. Anyone else like to come forward? 1 MR. DYKE: My name is Bill Dyke. I've lived in the area for almost 40 years, and I think the doctor's house is the biggest eyesore I have ever seen in my life. I used to live at Dearborn, Michigan where Henry Ford was born and died. They have such strict codes that Mr. Thomassen or Dr. Thomassen's house would be condemned, and I think that the City should have some strict rules and regulations because this is ridiculous. PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 I mean I feel sorry for the doctor. I mean he has a lot of health problems. I think he should sell the house and move in to a convalescent home, but, you know, the thing is it's an eyesore. It's a place where rodents will dwell. It's a shame that the City has not corrected this problem. I mean when you walk by that house, you cannot believe what you see. And I know two cities personally, one is in Missouri, one is in Dearborn, Michigan, that their rules are so strict that that house would have been a tear down by now. And I think the City should now figure out how to correct this problem, and it shouldn't keep going on. And I think -- I feel sorry for the doctor. He's had health problems, but I think he's a walkable man because I drove by and he was walking today. So I think you ought to talk to the doctor and get i it straightened around because number 1, the neighbors all `i �re quite fed up with the situation. And I think that if you if you can't talk to the doctor, then I don't understand, but this has been going on for 40 years. When you walk by that house, you just can't believe what you see. I mean sticking up old doors, calling it a fence? My mother just passed away. She was 96 years old. She lived in Dearborn, Michigan. Her house looked like a mansion compared to his house, and she couldn't walk too PRECISE REPORTING SERVICE (949) 833 -9099 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 good. And I think it's time that this has been corrected, and I feel sorry for the doctor if he's got health problems, but maybe he ought to sell his house. That thing will be bulldozed down because it's unfixable. I was in the building business. I've never seen a house that looked so terrible. You don't throw canvas and tarps on top and throw tires on and old doors and pallets on it to keep the thing waterproofed, and I really think that the City should take some corrective action. HEARING OFFICER: Thank you, sir. Anyone else like to come forward? Okay. All right. Dr. Thomassen, if you'd like to just make a few conclusionary remarks. DR. THOMASSEN: Well, could I prepare a written response? Or do you want -- you want to -- I'll be glad to send copies to anybody that wants them. HEARING OFFICER: You have the opportunity I believe u�der the Code to prepare a written response if you so choose. Is that what you would prefer to do? DR. THOMASSEN: I would like to say none of the three or four people that mentioned that they saw me walking or riding a bike said the date. And I didn't even know I was that sick. I did get a little weak about two months ago when my pulse went up, but I've only been this sick since I got home, which is a week ago Friday. Yeah. And before that I was PRECISE REPORTING SERVICE (949) 833 -9099 � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 good. And I think it's time that this has been corrected, and I feel sorry for the doctor if he's got health problems, but maybe he ought to sell his house. That thing will be bulldozed down because it's unfixable. I was in the building business. I've never seen a house that looked so terrible. You don't throw canvas and tarps on top and throw tires on and old doors and pallets on it to keep the thing waterproofed, and I really think that the City should take some corrective action. HEARING OFFICER: Thank you, sir. Anyone else like to come forward? Okay. All right. Dr. Thomassen, if you'd like to just make a few conclusionary remarks. DR. THOMASSEN: Well, could I prepare a written response? Or do you want -- you want to -- I'll be glad to send copies to anybody that wants them. HEARING OFFICER: You have the opportunity I believe u�der the Code to prepare a written response if you so choose. Is that what you would prefer to do? DR. THOMASSEN: I would like to say none of the three or four people that mentioned that they saw me walking or riding a bike said the date. And I didn't even know I was that sick. I did get a little weak about two months ago when my pulse went up, but I've only been this sick since I got home, which is a week ago Friday. Yeah. And before that I was PRECISE REPORTING SERVICE (949) 833 -9099 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 working at the house of course as much as I could. And now as to finances -- you want to hear this or I'll report it in writing? HEARING OFFICER: Well, you have the choice. If you want to say it now, go ahead and say it. DR. THOMASSEN: Well, I'll report it in writing. Thank you. HEARING OFFICER: Let me just ask you, Doctor, are you willing to work with the City to correct the issues that they have brought to your attention? DR. THOMASSEN: I'll follow the Code. When they say the trainer doesn't follow the Code, Mr. Ohl agrees with me I believe that if I get rid of the tongue, it will be fire code acceptable. HEARING OFFICER: Okay. Mr. Sinasek, could you itemize in just a summary fashion what the City would like to have done to correct the problems on the property? MR. OHL: Could we do that in writing provided with a written list? That would be easier for him to take notes. We could provide that by 5:00 Wednesday. DR. THOMASSEN: I'm sorry. I don't hear you. HEARING OFFICER: I don't know what the current condition of the property. What I have seen, Doctor, is some letters from October and photographs from November the 3rd, so I don't know what the exact condition of the property is PRECISE REPORTING SERVICE (949) 833 -9099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 today. What we're suggesting is that the City will provide you with correspondence itemizing in a punch list fashion one, two, three, four, five, exactly what they want you to do. DR. THOMASSEN: That's fine. HEARING OFFICER: All right? DR. THOMASSEN: I appreciate it. HEARING OFFICER: And you will have an opportunity to respond to those items to try to work to resolve this matter; all right? DR. THOMASSEN: Thank you. HEARING OFFICER: That's -- DR. THOMASSEN: By the way, one little statement on finances. My wife remembers Spanish. She's 72. She remembers Spanish from high school. I'm amazed. I finally realized she got a better brain than I have. 1 Anyway, she works for uCI as an interpreter at `night, four hours a night, so she gets $10 an hour. Now I (thought the man down the street might be complaining because he had a for sale sign. So I went down and talked to him. He's a 22 year old young man. And I said, "You know, I'll bet you made twice as much as my wife." You know what he said to me? Now I wonder if this is true. He said he makes -- he works for a landscaper. He works -- $50 an hour for a landscaper. PRECISE REPORTING SERVICE (949) 833 -9099 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And by the way, ten years ago a landscape . lady complained and I talked to her after we were in court -- we were in court, and I talked to her I said, "Well, you want me to bring you in to court or do you want to withdraw your complaint ?" I don't know if she ever withdrew it, but I never heard from her again. Is she here? Is the lady that has the landscape company here? No. I guess not. HEARING OFFICER: Apparently not. DR. THOMASSEN: Anyway,.anybody want to talk to me about my house knock on the door; okay? HEARING OFFICER: Okay. Doctor, what we're suggesting is that the City is going to provide you by Wednesday -- MR. OHL: By 5:00 Wednesday we'll personally deliver a punch list of what we would like repaired, but we would further request that you still go forward and make findings and recommendations so that in the event that the punch list is not satisfied, we have other options available to us. II DR. THOMASSEN: By the way, I reviewed part of Mr. Ohl's record, I didn't get through it all, but three times that this came up over four years I complied, and I'm willing to comply with reasonable things, not unreasonable. HEARING OFFICER: All right. The City is goes to provide you with a punch list of items that they want you to address, and that will take place by -- what's the date, Mr. Ohl? Give me the date. PRECISE REPORTING SERVICE (949) 833 -9099 1 DR. THOMASSEN:. I need a transcript of the -- 2 HEARING OFFICER: We're just asking what's the date 3 you're going to provide the letter? 4 DR. THOMASSEN: I'll need a transcript before I respond. 5 MR. SINASEK: You want to just leave that alone, we'll 6 take care of that later? 7 DR. THOMASSEN: I'm sorry. 8 MR. SINASEK: Just leave that microphone alone. We'll 9 take care of it later, sir. 10 DR. THOMASSEN: Would you please order a 11 transcript for my benefit? 12 HEARING OFFICER: You'll be able to arrange that with 13 the court reporter; all right? 14 DR. THOMASSEN: Okay. Thank you. 15 HEARING OFFICER: All right. Thank you, Doctor. 16 And, Mr. Ohl, then the date that the letter will be 17 provided to Dr. Thomassen is what? 18 ' MR. OHL: Is Wednesday, two days from today, the 26th. 19 And as soon as the transcript is available, I'll provide it 20 to Dr. Thomassen. 21 HEARING OFFICER: All right. Thank you, sir. 22 UNIDENTIFIED SPEAKER: I don't know if you want us to 23 come up. We just have questions about timing and what's 24 going to be allowed. 25 DR. THOMASSEN: I can't hear. PRECISE REPORTING SERVICE (949) 833 -9099 1 • 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 r 1 HEARING OFFICER: The public hearing is basically concluded then. If you want to just ask any question to the city personnel, you can do that off the record. All right. If anybody else wants to make any comments, now is the time to do that. If you have any questions for the City, you can speak. UNIDENTIFIED SPEAKER: We have a list of violations here. Why is it just not automatically being enforced? I mean I don't understand it. UNIDENTIFIED SPEAKER: What's the time frame and the consequences if action is not taken on his part? HEARING OFFICER: Okay. I think that's for the city attorney to address. MR. OHL: We'll address that after the hearing. UNIDENTIFIED SPEAKER: This has been going on for four years. UNIDENTIFIED SPEAKER: It's not ever going to be done un�ess you put some force behind it. UNIDENTIFIED SPEAKER: Mr. Ohl, you can't comment on that now? MR. OHL: Well, I would prefer to comment on it after the public hearing so that we don't go in to another round of comments. HEARING OFFICER: The public hearing is over, so if you would just turn off the microphone, the court reporter can PRECISE REPORTING SERVICE (949) 833 -9099 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PRECISE REPORTING SERVICE (949) 833 -9099 � i 1 2 �le 3 4 5 J 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF CERTIFIED SHORTHAND REPORTER The undersigned Certified Shorthand Reporter of the State of California does hereby certify: That the foregoing proceedings were taken before me at the time and place therein set forth; That the foregoing proceedings were recorded stenographically by me and were thereafter transcribed, said transcript being a true copy of my shorthand notes thereof. In witness whereof, I have subscribed my name. DATED: DECEMBER 22, 2003 Deborah J. Manchet CSR #7644 PRECISE REPORTING SERVICE (949) 833 -9099 Dr. Eimer and Joan Thomassen 1918 Dover Drive Newport Beach, CA, 92660 RE: 1918 DOVER DRIVE Dear Dr. and Mrs. Thomassen: CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY November 26, 2003 PERSONALLY DELIVERED AND VIA U.S. FIRST CLASS MAIL As indicated and agreed to at the public hearing on November 24, 2003, below is a punch list of the items which need to be corrected by December 5, 2003. _ 1. Please remove the electrical extension cord running from under the front door to the side yard area near the driveway. 2. The side yard awning does not have a building permit as required. 3. Please remove the items accumulated and stored on the roof consisting of old fires, wood, wood pallets, plastic tarps on the first and second floor roofs, the hoist system to the second story roof and a ladder on the first floor roof which extends to the second floor roof. 4. Please remove various items which are stored on and /or encroach into the public right -of- way, which is seven feet (7') back from the curb face, including trash, buckets, the trailer 'Whgue of the trailer which is on the driveway near the garage, and other miscellaneous it�fis. 5. Please remove the metal trailer stored in the front yard, along with the drywall in the trailer. 6. Please remove the broken slats used for the fence in the front yard which is approximately five feet (5') in height. 7. Please remove the buckets which appeared to be full of dirt and which are in the front yard by the mailbox. 8. Please remove the automobile covered by a blue tarp which is parked on, and obstructing, the public sidewalk. 9. Please remove the accumulation of rubbish, trash, debris, bags of cement, dried leaves and branches, wood pallets, opaque and black visquine, broken -up concrete (rip -rap) . under the black plastic, the chrome chair, miscellaneous roof tiles, brick remnants, broken concrete blocks, old wood doors lying on their side to approximate a makeshift fence, numerous tires, an umbrella, trash cans, cardboard boxes, miscellaneous wood, plastic buckets, lawnmower, old bicycle parts, car door, broken plastic pipe, lawn chairs, 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3131 • Fax: (949) 644 -3139 • www.city.newport- beach.ca.us Dr. Elmer and Joan Thomassen November 26, 2003 Page 2 numerous tires, an umbrella, trash cans, cardboard boxes, miscellaneous wood, plastic buckets, lawnmower, old bicycle parts, car door, broken plastic pipe, lawn chairs, wheelchair, boxes of 20/50 weight oil, wood drawers, miscellaneous hubcaps, an automobile radiator, the scissor jacks, black plastic radio, oil cans, numerous orange plastic containers, miscellaneous auto parts, paint cans, miscellaneous lumber, rusty chains, auto door molding, and old shoes. All of the items listed above must be removed so that they are not visible from the public right -of - way. In other words, please do not remove items from one location of the property and then place them in another location where they are still visible from the public right -of -way, namely the street and sidewalk. In addition, you have agreed to meet with representatives from -the City at your property on December 3, 2003 at 2:00 p.m. At that time, you can discuss.the condition of the exterior of your property with City representatives in hopes of resolving this matter. Finally, as was mentioned by Rick Murphey, the Hearing Officer, you may submit a written response to him for consideration as part of the record of the public hearing. This information must be submitted no later than 5:00 p.m. Friday, December 5, 2003. He will review whatever you provide and take it into account in making his findings and recommendations. Any and all items must be provided either directly to him at the address listed below, or, in the alternative, provide them to me. I will make sure they are then provided to Mr. Murphey. Thank you for your prompt attention to this matter. Very trul� yours, DAMN. MR Deputy City Attorney cc: Rick Murphey, Esq. 517 South Ramona Avenue Suite 203 Corona, CA, 92879 (909) 372 -9077 Fax (909) 372 -0852 Jim Sinasek, Manager, Code & Water Quality Enforcement Chief Tim Riley, Fire Department F: \users\ cat\ shared \da\ pleading\ Thomassen \letter\E - JTpunchList.doc 0 DEC -03 -2003 WED 04:42 PM December 3, 2003 To: Daniel Ohl, Esq. FAX N0. Brodie INTECRAI rv! HEALTH CCNTLR Re: Elmer Thomassen M.D. To Whom It May Concern: Dr. Thomassen is currently under my care for lymphoma (cancer of lymph). He has a very large retro - pancreatic mass, along with ascites (abdominal fluid) and massive edema (swelling) of the legs. His condition requires that he remain at my facility for a minimum of 10 days, probably longer. Thank you for your consideration. Yours truly, W, Dow as Brodie M.D. Cc:file P. 01 9 0 Po. 7'ti ±,�. lonn I I'X; j/t ;4.9.I)iin 1 61RG PIAWA$ rt. I I I RfNO�NVA9So9 I WWW.UimROUq:.(NM 9 0 RICHARD J. MURPHEY LAW OFFICE OF RICHARD J. MURPHEY 517 South Ramona Ave. Suite 203 Corona, California 91719 Tel: (909) 372 -9077 Fax: (909) 372 -0852 December 10, 2003 Dr. Ebner Thomassen Mrs. Joan Thomassen 1918 Dover Drive Newport Beach, Ca. 92660 Re: 1918 DOVER DRIVE Dear Dr. Thomassen and Mrs. Thomassen: As you are aware, I am the hearing officer who presided over the public hearing that occurred on November 24, 2003. Since that hearing, I have received and reviewed: 1) Mr. Ohl's November 26, 2003 letter to you setting forth the "punch list" of items that the City described as "needed to be corrected by Dec. 5, 2003 "; 2) Mr. Ohl's December 3, 2003 letter to you confirming your conversation with him regarding your travel to Reno, Nevada for medical care, and the group who would assist you, at no cost, to perform work on your property; • • r1 I.J 3) Mr. Ohl's December 3, 2003 letter to your confirming that City staff would not meet you at your residence as you were out of town for medical reasons; 4) December 3, 2003 letter to Mr. Ohl from W. Douglas Brodie, M.D., relating to your medical condition; 5) Copy of Daily Pilot article dated 12/9/03, referencing statement from Mrs. Thomassen that you planned to "take the group up on its offer" to clean up your property; (Copies of all of these documents are attached for your reference) As hearing officer, it is my obligation to prepare findings an d- recommendations as to whether your property at 1918 Dover Drive constitutes a public nuisance pursuant to Newport Beach Municipal Code Section 10.50 et seq. Based upon Dr. Thomassen's statements at the hearing concerning his medical condition, it was agreed that both of you would have up to December 5, 2003 in which to submit a written response to the information put into the record at the public hearing. Both the City of Newport Beach and I are aware that Dr. Thomassen's medical condition is a priority, and for that reason, it has been further agreed to provide some additional time to prepare a written response, if you so choosi. Given the statement from Dr. Brodie that Dr. Thomassen will be remaining at his Reno facility at least through December 13, 2003, the City has agreed to give both of you until December 19, 2003, to provide a written response. It is suggested that, in any written response, you separately address each of the nine "punch list" items set forth in Mr. Ohl's November 26, 2003 letter, explaining: 1) ' whether you agree or disagree that the correction is appropriate; 2) whether you would allow City employees and /or a private group to enter your property to perform the recommended correction 3) a specific date for a meeting at your residence to plan the work 4) a specific date for corrective work and proper disposal to be performed In view of Mrs. Thomassen's comments in the Daily Pilot, I am hopeful that there will be cooperation and progress made before December 19, 2003. I note that most of the punch list items call for "removal" of various items, which could probably be accomplished in one day if enough manpower is present. In any event, I must complete my obligation and make my findings and recommendations based upon any and all information I receive by 5:00 p.m. on December 19, 2003. In the meantime, I would urge Dr. Thomassen and/or Mrs. Thomassen to communicate with Mr. Ohl even while Dr. Thomassen is in Reno. If agreement can be reached, and corrections accomplished by December 19, 2003, findings and recommendations would then be unnecessary. Finally, please note that I have mailed a copy of this letter to Dr. Thomassen at the Brodie Integrative Health Center, 6110 Plumas, Suite B, Reno, Nevada 89509. If you have any questions or comments, please call. Sincerely, lachard u , E Cc: Daniel Ohl, Deputy City Attorney — via fax (949) 6443139 and first class mail 0 0 Dr. Elmer and Joan Thomassen 1918 Dover Drive Newport Beach, CA, 92660 RE: 1918 DOVER DRIVE Dear Dr. and Mrs. Thomassen: CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY November 26, 2003 PERSONALLY DELIVERED AND VIA U.S. FIRST CLASS MAIL As indicated and agreed to at the public hearing on November 24, 2003, below is a punch list of the items which need to be corrected by December 5, 2003. 1. Please remove the electrical extension cord running from under the front door to the side yard area near the driveway. 2. The side yard awning does not have a building permit as required. Is 3. Please remove the items accumulated and stored on the roof consisting of old tires, wood, wood pallets, plastic tarps on the first and second floor roofs, the hoist system to the second story roof and a ladder on the first floor roof which extends to the second floor roof. 4. Please remove various items which are stored on and /or encroach into the public right -of- way, which is seven feet (7') back from the curb face, including trash, buckets, the trailer to,hgue of the trailer which is on the driveway near the garage, and other miscellaneous ite.rins. 5. Please remove the metal trailer stored in the front yard, along with the drywall in the trailer. 6. Please remove the broken slats used for the fence in the front yard which is approximately five feet (6) in height. 7. Please remove the buckets which appeared to be full of dirt and which are in the front yard by the mailbox. 8. Please remove the automobile covered by a blue tarp which is parked on, and obstructing, the public sidewalk. 9. Please remove the accumulation of rubbish, trash, debris, bags of cement, dried leaves and branches, wood pallets, opaque and black visquine, broken -up concrete (rip -rap) under the black plastic, the chrome chair, miscellaneous roof tiles, brick remnants, broken concrete blocks, old wood doors lying on their side to approximate a makeshift fence, numerous tires, an umbrella, trash cans, cardboard boxes, miscellaneous wood, plastic buckets, lawnmower, old bicycle parts, car door, broken plastic pipe, lawn chairs, 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 64-3131 • Fax: (949) 644 -3139 • www.city.newport- beach.ca.us Dr. Elmer and Joan Thomassen • November 26, 2003 Page 2 numerous tires, an umbrella, trash cans, cardboard boxes, miscellaneous wood, plastic buckets, lawnmower, old bicycle parts, car door, broken plastic pipe, lawn chairs, wheelchair, boxes of 20150 weight oil, wood drawers, miscellaneous hubcaps, an automobile radiator, the scissor jacks, black plastic radio, oil cans, numerous orange plastic containers, miscellaneous auto parts, paint cans, miscellaneous lumber, rusty chains, auto door molding, and old shoes. All of the items listed above must be removed so that they are not visible from the public right -of- way. In other words, please do not remove items from one location of the property and then place them in another location where they are still visible from the public right -of -way, namely the street and sidewalk. In addition, you have agreed to meet with representatives from the City at your property on December 3, 2003 at 2:00 p.m. At that time, you can discuss the condition of the exterior of your property with City representatives in hopes of resolving this matter. Finally, as was mentioned by Rick Murphey, the Hearing Officer, you may submit a written response to him for consideration as part of the record of the public hearing. This information must be submitted no later than 5:00 p.m. Friday, December 5, 2003. He will review whatever you provide and take it into account in making his findings and recommendations. Any and all items must be provided either directly to him at the address listed below, or, in the alternative, provide them to me. I will make sure they are then provided to Mr. Murphey. Thank you for your prompt attention to this matter. Very truly yours, �1 Dante K. I, Deputy City Attorney cc: Rick Murphey, Esq. 517 South Ramona Avenue Suite 203 Corona, CA, 92879 (909) 372 -9077 Fax (909) 372 -0852 Jim Sinasek, Manager, Code & Water Quality Enforcement Chief Tim Riley, Fire Department F: kuserskcatksharedkdakpleadingkThcmassenkletter \ET- JTpunchList.dcc • CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY December 3, 2003 Dr. Elmer and Joan Thomassen 1918 Dover Drive Newport Beach, CA 92658 RE: 1918 DOVER DRIVE Dear Dr. Elmer and Mrs. Joan Thomassen: U.S. REGULAR MAIL This will confirm my conversation with Dr. Thomassen on December 1, 2003, where he advised me that he would be traveling to Reno, Nevada for medical care and treatment. He further indicated that he would not be returning to his home until December 15, 2003. I reminded him of the need to submit any written material for review and consideration by the Hearing Officer, Rick Murphey, no later than December 5, 2003. I also advised Dr. Thomassen that the City of Newport Beach has been contacted by a •group which is interested in assisting you in bringing the property to a condition consistent with City codes. It was also indicated that this group would be willing to paint the residence as well. All of these services would be at no cost. If you are still interested in this option, please contact me at your earliest convenience in order that I can put you in contact with this group so that you can work out appropriate arrangements. Please eolhtact me should you have any questions or concerns. A n Daniel K. Ohl, " Deputy City Attorney DKO:da cc: Rick Murphey, Esq. 517 South Ramona Avenue Suite 203 Corona, CA, 92879 Chief Tim Riley, Fire Department Jim Sinasek, Manager, Code & Water Quality Enforcement Department . F:luserslcatkshared\da\ pleading\ Thomassen \IetterlET- JTwrittenNlc.doc 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3131 • Fax: (949) 644 -3139 • www.city.newport- beach.ca.us DEC -03 -2031 09:31 OFFICE OF THE CITY ATTY 9496443139 P.02i02 O&q CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY December 3, 2003 Dr. Elmer and Joan Thomassen 1916 Dover Drive Newport Beach, CA 92658 RE: 1918 DOVER DRIVE Dear Dr. and Mrs. Thomassen: HAND DELIVERED As you have advised you will be unable to meet with City Staff today at your residence as you are currently out of town for personal and medical reasons. As such City Staff will not be as your residence today. Very truly you Da el K. Oh , Deputy City Attorney for he City of Newport Beach DKO:cp. cc: Richard Murphy, Hearing Officer Tim,Riley, Fire Department Jim Sinasek, Planning Department F: \users \ca t\s h ared\cplpiead i ng \Thorn a sse nVetter\EJT 1203pdate.doc 11 3300 NewPort Boulevard • Post C)MVP RnY 7 7AA . No.. m . - << - - =- ^ ^ ^ ^^ - - * TOTAL P.02 0 r'1 U DEC -03 -2031 15:47 OFFICE OF THE CITY RTTY Brodie fNTECyMVe HLATU CEWIM December 3, 2003 To: Daniel Ohl, Esq. I��: Elmer Thomassen M.D. 9496443139 P.02i02 To Whom It May Concern: Dr. Thomassen is currently under my care for lymphoma (cancer of lymph). He has a very large retro - pancreatic mass, along with ascites (abdorninal fluid) and massive edema (swelling) of the legs. His condition requires that he remain at my facility for a minimum of '10 daya, probably longer. Thank you for your consideration. Yatlrs truly. IN. Doutas Brodie M.D. Cc:iile TOTAL P.02 r: DEC -09 -2031 1036 OFFICE OF THE CITY RTTY 949644.1139 P.02/02 EM A nZ 7 C, Ail S �E,_ � N m to C �. n n P+,nm iGwy ^ G � C _a a� a n � _ b o . ^• C, Cl 1 -at$g w to FTK; damro SwFn Eon om (D a (1 k x s,d o.3 ow ro .yr 3c g_04VAISL r •, o�c,c owc m col; � �+,ry�ucca �2rgsc,F� on 9•w §.o Eog�g �gc 5 d a , O- O ^ Sn���aC.S o� cnF= °''4-'_.e �.� m n y '•' (� �e'ry �y�_,a"y?!a C r. T p Li r- i ; R R '.. � �, r5•. W n' Cyt m R- �5o n,�rM���k'�o e'70 CE O @ mCGGI r�VY i] }.�� 7'.^. 'J �J Q'S_. w-•' nN`�j ��• ,�efWWSE,ee� r "5�m ro fD fp aeg.o"}� oe� �,�a R 4 °i737�cOm`woBcc es3so5og�mnC�oa ?cam gnu 5 �OScroK�_�D..oS�'!�Tj(e u�q5•., �T c OR�= °n v U oR-n `t rn R F- ,�3j' p O A �GCj r3_rtDi� °ate c 'cm •g Z22 ertc C ' 'o o r•+O'y nP co Gw3�PO rSM�c�.'ocp ?�� L [• n S G w V F w tr n7nr= ^'ti�co nO.�OC J�� G `G� r, Oro C•o rn n c- CC C G; w � £ 2 L-. G U •-•y e a a o n roi an o e y (� A �^06��0vc ^R� °5.e9ECnl02 �nw•3�i_''h. P�.Cacmrrynrya cif rK'�C.ia ro v r. G S�0 ❑ e � 7e t� ro F R p' u'3 , y rypR �, piWi. p. G`�N ro 0 o v YZ 7 C »5•g ^� ^act cjj cr.c5E -v H G t • O � o =^ a P.02 nss• lI R <oz-C %� H aF rn,�coro� n �. n S n ~ 5 n t �7 � at ro �n tea. �7 G � 6s'G.w777 �n_3° � CGC��ro Ct p^1�G tpw��HPQ J O�NC roro �n CQ.FC Atp=w� c E_Lo f"i ro , x = - y K s x5 •o c k �i_ c tc roalr"w3-� c ° -� C c <V S C }.� c ro �, c 'c• ro c E� I H G t • O � o =^ a P.02 RICHARD J. MURPHEY LAW OFFICE OF RICHARD J. MURPHEY 517 South Ramona Ave. Suite 203 Corona, California 91719 Tel: (909) 372 -9077 Fax: (909) 372 -0852 December 22, 2003 Mr. Daniel Ohl Deputy City Attorney City of Newport Beach P.O. Box 1768 Newport Beach, Ca. 92658 -8915 Re: 1918 DOVER DRIVE Dear Mr. Ohl: VIA FAX (949) 644 -3139 AND FIRST CLASS MAIL Enclosed Tease find my findings and recommendations regarding the property located at 1918 Dover Drive, Newport Beach, California. If you have any questions, please call. Sincerer aiiichard urphey Cc: Dr. Elmer Thomassen and Mrs. Joan Thomassen 1918 Dover Drive Newport Beach, Ca. 92660 0 • V RICHARD J. NHWHEY LAW OFFICE OF RICHARD J. MURPHEY 517 South Ramona Ave. Suite 203 Corona, California 91719 Tel: (909) 372 -9077 Fax: (909) 372 -0852 December 19, 2003 FINDINGS AND RECOMMENDATIONS RE: 1918 DOVER DRIVE NEWPORT BEACH, CA. PUBLIC HEARING On November 24, 2003 pursuant to Newport Beach Municipal Code Section 10.50 et seq., public hearing was held to take evidence to determine whether a public nuisance exists at 1918 Dover Drive, Newport Beach, Ca. EVIDENCE At the hearing, the following evidence was received and reviewed: 1) Photographs taken on 11/03/03 depicting the subject property 2) 13 Photographs taken on 11/23/03 depicting the subject property 3) List of Exhibits # 1 to # 13 (copy of table of contents attached) 4) Letters from 15 residents of the neighborhood 5) Oral statements from: a. Tom Johnson b. Mark Ensminger c. Alexandra Hawkinson d. Michael Wedemeyer e. Laura Perry • f. Roger Etherington Bill Dike g. 6) Oral Statement from City Attorney Daniel Ohl, 7) Oral Statement from Code and Water Quality Enforcement Manager, Jim Sinasek 8) Oral Statement from property owner, Dr. Elmer Thomassen Based upon a note submitted by Dr. Helmy M. Guirgis relating to Dr. Thomassen's medical condition, it was agreed that Dr. Thomassen would be given additional time, up to and including December 5, 2003, to provide any written response, and that the City of Newport Beach would submit to Dr. Thomassen a "punch list' of items needing correction by November 26, 2003. Since the November 24, 2003 hearing, I have received and reviewed the following: 1) November 26, 2003 "punch list" letter from Deputy City Attorney Daniel Ohl to Dr. Thomassen 2) December 3, 2003 letter from Mr. Ohl to Dr. Thomassen regarding his traveling to Reno, Nevada for medical treatment, and a group volunteering to assist in cleaning up the property 3) December 3, 2003 letter from Dr. W. Douglas Brodie advising that Dr. Thomassen was under his care for lymphoma, and that he would be receiving treatment in Reno at least until December 13, 2003. • 4) December 9, 2003 article from Daily Pilot referencing statement from Joan Thomassen that her husband planned to take the group up on its offer to help clean up the property On December 10, 2003, I sent correspondence to Dr. Thomassen and Mrs. Joan Thomassen providing, them with a further extension to submit any written response by December 19, 2003 in view of Dr. Thomassen's medical treatment. Said correspondence advised them that I would have to fulfill my obligation to prepare findings and recommendations on December 19, 2003 unless corrections had been accomplished by December 19, 2003. On December 19, 2003, I received and reviewed a note from Deputy City Attorney Daniel Ohl advising me that he received a telephone call from Dr. Thomassen in Reno on December 17, 2003, wherein he stated that he would be home on December 21, 2003, wanted until mid - January, 2004 to make corrections, and would allow the group to assist. No written response has been submitted by Dr. Elmer Thomassen and/or Mrs. Joan Thomassen. While it appears the parties may be working toward an informal resolution, I must complete my obligation to make findings and recommendations. 0 E FINDINGS AND RECOMMENDATIONS Newport Beach Municipal Code Section 10.50.020 (Exhibit # 1 from List of Exhibits submitted by City) sets forth a list of conditions, any of which would constitute a "public nuisance". At the public hearing, evidence was submitted establishing that the property was previously declared a public nuisance in 1987. (Oral statement of Daniel Ohl and Exhibit # 2). Mr. Sinasek submitted a letter to Dr. Thommassen and Mrs. Thomassen on October 17, 2003 (Exhibit # 11) and a letter on October 27, 2003 (Exhibit # 12) outlining the conditions needing correction. These conditions are set forth in Mr. Ohl's "punch list" letter to Dr. Thomassen and Mrs. Joan Thomassen dated November 26, 2003. As of today's date, no corrective action has been taken. The 15 letters from citizens living in the neighborhood unanimously expressed the view that the property is in immediate need of corrective action. Descriptions of the property from these letters included: 1) safety hazard to children 2) 3) 4) 5) 6) 7) fire hazard environmental hazard health hazard eyesore junkyard dump The oral tatements from members of the public, without exception, described the property as one witt unsafe and unhealthy conditions. The property owner submitted no evidence from any source expressing an opinion that the conditions present on the property should not constitute a public nuisance. In addition, I personally drove by the property on November 24, 2003 and observed the conditions described in the documents and photographs. Based on the foregoing, I find that the property located at 1918 Dover Drive, City of Newport Beach, DOES constitute a public nuisance as defined by Newport Beach Municipal Code Section 10.50 et seq. I recommend and urge Dr. Thomassen and/or Mrs. Thomassen to continue their communication with Deputy City Attorney Daniel Ohl to correct all 9 violations set forth in • Mr. Ohl's punch list letter dated November 26, 2003, with the involvement of the local group which has volunteered to assist in the clean -up. I further recommend that those who would coordinate and supervise the voluntary clean -up meet at the property by December 31, 2003 to set a specific date within the first two weeks of January, 2004, to accomplish the correction of all 9 punch list items. This meeting should include Mr. Sinasek, Dr. Thomassen and/or Mrs. Thomassen, and the group's representative. In the meantime, the City of Newport Beach should continue with the enforcement procedures to abate the public nuisance at this property in a manner consistent with the applicable provisions of Newport Beach Municipal Code Section 10.50. U Dr. Elmer and Joan Thomassen 1918 Dover Drive Newport Beach, CA, 92660 RE. 1918 DOVER DRIVE Dear Dr. and Mrs. Thomassen: CITY OF NEWPORT BEACH January 7, 2004 PERSONALLY DELIVERED; VIA U.S. FIRST CLASS AND CERTIFIED MAIL Enclosed, is a copy of my Findings declaring your property a public nuisance and Order _ of Abatement. Please contact the City Attorney's Office at 644 -3131 should you have any questions. Thank you for your prompt attention to this matter. Very truly yours, wrlrG Homer Blud , City Manager Enc. cc: Jim Sinasek, Manager, Code & Water Quality Enforcement (w /Enc) Chief Tim Riley, Fire Department (w /Enc) F:\ users \cat\shared \da\ pleading\ Thomassen \letter\ET- JTfindings &order.doc 10 City Hall v 3300 Newport Boulevard . Newport Beach, California 92663 -3884 JANUARY 7, 2004 FINDINGS DECLARING PROPERTY A PUBLIC NUISANCE AND ORDER OF ABATEMENT Pursuant to the provisions of Newport Beach Municipal Code Section 10.50.050, a Public Hearing was held on November 24, 2003, to determine if the property at 1918 Dover Drive, Newport Beach, California, constituted a public nuisance as defined and for the reasons set forth in Newport Beach Municipal Code Section 10.50.020. Further, pursuant to the provisions of the Newport Beach Municipal Code Section 1.08.055(A), a Hearing Officer was appointed to take evidence and to make findings and recommendations on whether a public nuisance existed at 1918 Dover Drive, Newport Beach, California. I have received and reviewed the Findings and Recommendations of Hearing Officer, Richard J. Murphey, Esq., dated December 19, 2003. I have received and reviewed a copy of the transcript of the Public Hearing conducted on November 24, 2003, and at which Dr. Elmer Thomassen appeared and provided testimony. 1 have received and reviewed copies of the Exhibits submitted at the Public Hearing, including various photographs, letters, memorandums, court orders, prior nuisance determinations, and letters from residents. I have received and reviewed materials which have been prepared and exchanged since tQ, Public Hearing of November 24, 2003, including: A. November 26, 2003, letter from Deputy City Attorney, Daniel K. Ohl, to Dr. Elmer Thomassen; B. December 3, 2003, letter from Deputy City Attorney, Daniel K. Ohl, to Dr. Elmer Thomassen; C. December 3, 2003, letter from Dr. W. Douglas Brodie regarding Dr. Elmer Thomassen. These items were referred to and considered by the Hearing Officer in making his findings and determinations. I have also reviewed and considered a letter dated December 10, 2003, from Hearing Officer, Richard J. Murphey, Esq,, to Dr. Elmer Thomassen and Joan Thomassen providing an extension of time to submit a written response to December 19, 2003. 1 have noted that no written response has been submitted by Dr. Elmer Thomassen and /or Joan Thomassen. it That as a result of my receipt and review of the materials and evidence as noted above, 1 find and declare that the property at 1918 Dover Drive, Newport Beach, California, is a public nuisance pursuant to Newport Beach Municipal Code Section 10.50 et seq. I make such a determination pursuant to the following findings: 1. There has been a long and sustained history of ongoing problems and code violations at this address as noted by the materials presented at the Public Hearing, including, but not limited to, the Declaration of Jim Sinasek, Staff testimony, prior contact and interaction between the City of Newport Beach and Dr. Elmer and Joan Thomassen, the prior complaints of residents, the prior finding that the property constituted a public nuisance, a prior memorandum indicating what was done to correct the nuisance violations, a prior Court determination that a public nuisance existed, the numerous Administrative Citations which have been issued in an attempt to correct the violations, and, the failure on the part of Dr. Elmer and Joan Thomassen to correct and remedy these conditions and violations. 2. Informal efforts by way of letters, telephone calls, personal contact, and Administrative Citations have proven unsuccessful to correct or remedy the conditions and violations. 3. The property in its current condition, as depicted in the numerous photographs as described in testimony, as described in letters from members of the public, as delineated by the public testimony, as noted by City Staff as a result of its inspections, and as documented in the letters and notices provided to the homeowners, clearly meets the requirements of Ne port Beach Municipal Code Section 10.50.020 et seq, which sets forth the conditions on the property which are a nuisance. 4. TRe repeated and consistent failure on the part of the homeowners, Dr. Elmer Thomassen and Joan Thomassen, to correct or remedy the conditions and violations at the property, despite ample time and opportunity to correct such violations. ,As a result, IT IS ORDERED that the public nuisance which exists at 1918 Dover Drive, Newport Beach, California, be removed and abated no later than February 2, 2004. 0 K • ORDER OF ABATEMENT 1. Remove the electrical extension cord(s) which run from under the front door to the side yard area near the driveway. 2. The side yard awning does not have a Building Permit as required, and if you desire to keep the awning a permit must be sought and obtained. 3. Remove the items accumulated and stored on the roof consisting of old tires, miscellaneous wood, wood pallets, plastic tarps on the first and second floor roofs, the hoist system to the second story roof and a ladder on the first floor roof which extends to the second floor roof. 4. Remove various items which are stored on and /or.encroach into the public right - of -way, which extends seven feet (7') back from the curb face, including miscellaneous trash, buckets, the tongue of the trailer which is on the driveway near the garage, and other miscellaneous items. 5. Remove the metal trailer stored in the front yard along with the drywall in the trailer. 6. Remove the broken slats used for a fence in the front yard which is approximately five feet (5') in height. 7. Remove the buckets which appear to be full of dirt and which are in the front yard by the mailbox. 8. Rerpove the automobile covered by a blue tarp which is parked on and obstructing the bublic sidewalk. 9. Ren)ove the miscellaneous accumulation of rubbish, trash, debris, bags of cement, dried leaves and branches, wood pallets, opaque and black visquine broken up concrete, rip wrap under the black plastic, the chrome chair, miscellaneous roof tiles, brick remnants, broken concrete blocks, old wood doors lying on their side to approximate a makeshift fence, numerous tires, an umbrella, trash cans, cardboard boxes, miscellaneous wood, plastic buckets, a lawnmower, old bicycle parts, a car door, broken plastic pipe, lawn chairs, wheelchair, boxes of 20/50 weight oil, wood drawers, miscellaneous hubcaps, an automobile radiator, the scissor jacks, black plastic radio, oil cans, numerous orange plastic containers, miscellaneous auto parts, paint cans, miscellaneous lumber, rusty chains, auto door molding, old shoes, and miscellaneous landscaping debris and cuttings. All of the items listed must be removed so that they are not visible from the public right - of -way. Either remove them from the property all together and do not allow them to return to the property, or, in the alternative, place the items somewhere on the property such that they are not visible from the public right -of -way, which is the street and sidewalk. 3 The items listed above which constitutes the public nuisance must be removed and abated no later than February 2, 2004. You may appeal this Order by filing an appeal with the City Clerk within ten (10) days of the date of the posting and service of the Order, and by filing the appeal fee set by resolution. A copy of the appeal requirements as set forth in Newport Beach Municipal Code Section 10.50.080, are attached to this Order for your review. Dated: January G , 2004 .P4�4.x� Homer Blucrau, City Manager, for the City of Newport Beach F:users /caticp -da /shared /pleadings/Thomassen /Findings BOrder.doc 0 • L� 0 not timely abated by the owner. (Ord. 94-50 § 1 (part), 1994) 10.50.070 Order of Abatement. A. A copy of the findings and order of the City Manager shall be posted on the premises and served upon the owner of the property by certified mail or personal service within five working days and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said findings and order at his own expense provided the same is done prior to the expiration of a reasonable abatement period which shall commence upon the date the findings and order are served upon the owner. Upon such abatement in full by the owner, proceedings hereun- der shall terminate. B. Where an appeal is filed as provided in this chapter, the order of abatement shall be suspended pending, the review of the determination. (Ord. 9450 § 1 (part), 1994) 10.50.080 Appeal. Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the q er of the City Manager, may appeal that order b}., "hling an appeal with the City Clerk within ten days 'of the date of the posting and service of the order, and filing the appeal fee set by resolution. The notice of appeal shall specify: A. A description of the property; B. The abatement proceedings appealed; C. The owner, or appealing party's legal or equi- table interest in the property; D. A statement of disputed and undisputed facts; E. A statement specifying the portion of the proceeding being appealed together with any eviden- tiary or supporting materials that would support the appeal; and F. A verification of the truth of all matters as- serted. Upon the timely filing of a notice of appeal in the proper form, the City Clerk shall place said appeal 10.50.060 upon the next regular meeting of the City Council scheduled to be held not less than ten business days after said appeal is received. The City Clerk shall provide written notice of the appeal, including the time, place, and date of the hearing on the appeal, to the appellant and any other person to whom notice of the City Manager's order was sent Said notice shall be sent in the same man- ner as notice of hearing set forth in Section 10.50.040. The Appeals Board may limit the issues on ap- peal to those raised in the notice of appeal. The Appeals Board shall by resolution declare its find- ings and in the event a nuisance is declared, uphold or modify the order of the Hearing Officer and order the owner to abate the same. A copy of the resolu- tion shall be posted upon the property and sent to all persons to whom, and in the same manner, notice of the City Manager's order was sent as well as to all persons requesting such notice, in writing, at the time the appeal is heard. (Ord. 94-50 § 1 (part), 1994) 329 10 .50.090 Owner to Abate. Any public nuisance shall be abated by the owner within thirty (30) days after the date of posting and mailing a copy of the resolution of the Appeals Board. (Ord. 9450 § 1 (part), 1994) 10.50.100 Abatement by City. If the owner fails or neglects to remove or other- wise take action to abate the public nuisance, as provided in this chapter, the Enforcement Officer, through City employees or an independent contrac- tor shall cause such public nuisance to be abated as directed in the City Manager's order or by order of Appeals Board. A report of the proceeding and itemized account of the cost of abating the public nuisance on each separate property shall be filed with the City Clerk. (Ord. 9450 § 1 (part), 1994) 10.50.110 Hearing on Assessment. The City Clerk shall thereupon set the report and account for hearing by the City Council at the first regular meeting which will be held at least ten cal- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18+ 19 `20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL (CCP§ 1013A, 2105.5) IN RE: Mr. Elmer & Joan Thomassen 1918 Dover Drive, Newport Beach, Califomia, 92660 1. 1 declare that I am a citizen of the United States, that I am employed by the City of Newport Beach, that I am over 18 years old, that my business address is 3300 Newport Blvd., Newport Beach, California and that I am not a party to the within action. 2. 1 served the within: FINDINGS AND ORDER OF ABATEMENT on the person(s) named below by enclosing a true copy thereof in a sealed envelope addressed as shown below AND placing said envelope(s) for collection and mailing on the date and at the place shown in item 3 following our ordinary business practices and Certified Mail. I am readily familiar with this business' practice for collecting and processing correspondence for mailing. -On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope�ith postage fully prepaid. _ 3. a. DATE OF DEPOSIT: January_, 2004 b. PLACE OF DEPOSIT: Newport Beach, California I declare under penalty of perjury under the laws of tl�State of California that tf foregoing is true and correct. EXECUTED on this January , 2004, at Newport Beach, California. /1 Signature: Dr. Elmer & Joan Thomassen 1918 Dover Drive Newport Beach, CA F:\cat\debbie\pleadingkThomasse\DAproof.doc City of Newport 1 10 11 12 13 14 15 16 17 18 19 211 241 27 28 Dr. Elmer and Joan Thomassen George W. Thomassen 1918 Dover Drive Newport Beach, California 92660 Telephone: 949,- 646 -5194 Email: elmertho @hotmail.com JAN 2 1 2004 CITY ATTORNEY'S OFFICE CITY of NEWPORT BEACH IN THE NEWPORT BEACH MUNICIPAL CODE COURT OF THE STATE OF CALIFORNIA CITY OF NEWPORT BEA ^.H, Plaintiffs, hW Dr. Elmer and Joan Thomassen, George W. Thomassen Defendants. JOINT NOTICE OF APPEAL TO THE NEWPORT BEACH CITY COUNCIL Case Number: DECLARATION OF John 2thren proving PROOF OF SERVICE OAF THE THOMASSEN NOTICE OF APPEAL BEFORE MIDNIGHT, January 20, 2004 I, John;Zehren, personally served the Thomassen NOTICE OF APPEAL by taping an envelope containing the NOTICE OF APPEAL WITH SUPPORTING PAPERS ON THE OUTSIDE OF THE DOOR OF THE CITY OF NEWPORT BEACH City-Hall at 3300 Newport Blvd well before midnight on January 20, 2004 Under penalty of perjury, I declare the above statements to be tr$e amd cgrrdect and based on my personal knowledr Executed at Newport Beach, California, this 20f7 Y�fzw '7�.�c.'u <r< January, 2009. ,/✓ a`_ „/ l %22G /✓E4/i-�OP,= # Zo • • 11 2 3 4 5 6 10 11 12 13. 14 15 16 17 18 19 21 22 2'� 24 26 j 27 61C C &- ti//4 � Dr. Elmer and Joan Thomassen George W. Thomassen 1918 Dover Drive Newport Beach, California 92660 Telephone: 949 - 646 -5194 Email: elmertho @hotmail.com IN THE NEWPORT BEACH MUNICIPAL CODE COURT OF THE STATE OF CALIFORNIA CITY OF NEWPORT BEACH, ) JOINT NOTICE OF APPEAL TO THE plaintiffs, ) .NEWPORT BEACH CITY COUNCIL 1 " V. Case Number: l Dr. Elmer and Joan Thomassen, ) APPLICATION WITH George W. Thomassen ) AFFIDAVIT FOR WAIVER OF Defendants. ) POSSIBLE APPEALS FEE PROOF OF SERVICE I INTRODUCTION NON - WAIVER OF THE CONSTITUTIONAL RIGHT TO ASSISTANCE OF COUNSEL IN A POTENTIALLY CRIMINAL CASE: Dr. Elmer Thomassen, Joan Thomassen, and George W. Thomassen hereby are filing a NOTICE OF APPEAL in their own person without berg 1q presented by an attorney as specified by the current Municipal Code of the City of Newport Beach, California, Dr. Elmer, Joan, and George each and individually reserves the constitutional right to have furnished the assistance of counsel in this potentially criminal case. Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28. II JURISDICTION TIMELINESS OF NOTICE OF APPEAL: Although the constitu- tionality of the Municipal Code of the City of Newport Beach, California, is being challenged by the Thomassens (See Below) for the purpose of removing any doubt as to the timeliness of the NOTICE OF APPEAL, the papers herein are being filed today, January 20, 2004. (The papers served on the Thomassens purport the NOTICE OF APPEAL date starts on January 7, 2004; however, no ENTRY OF JUDGMENT date, as required in mosC 9t courts of the United States of America, is furnished or available to the Thomassens at this time.) IIa DESCRIPTION OF THE PROPERTY The Thomassen property is a two -story wood houe with an attached double garage on a lot owned by the Thomassens. The address is commonly known as 1918 Dover Drive, Newport Beach, California 92660. (A legal description is easily available and is planned to be furnished as a supporting document is required, along with other supplemental information and documents , if ,necessary on approval by separate motion.) Page 2 0 Is y III FUNDAMENTAL ISSDES 3 A. Whether the Municipal Code of the City of.Newport Beach, 4 California, is authorized under the Constitution of the United 5 States of America, and, if not, is it therefore unconstitutional? 6 (See discussion and supporting documents below.) 7 B. Whether there is a conflict of interest in the 8 conduct of the proceedings in the public hearing on 9 2003, including the preliminary papers and documents, as well 10 as the subsequent papers in existence to and including January 7, 11 2004. (Both the judiciary - -and the hearing officer, namely, 12 Richard Murphey, are appointed and hired by plaintiff involved 13 herein.) 14 C. Whether there is double jeopardy in the proceedings 0 herein since the Thomassens were tried without an opportujity 16 to be present, Joan Thomassen is fined $100.00 and she takes 17 cummunity property and pays the fine. (See documents and dis- 18 cussio below.) 19 D..`'Whether the entire proceedings must be restarted because. 20 the present recorded owner is recorded as George W. Thomassen. 21 (See copy of recording to be obtained from the Orange County 22 Recorder's Office, Santa Ana, Calilfornia.) (See Supporting 83 Exhibit No. 1 included herewith and entitled: ORANGE COUNTY 24. PROPERTY TAX BILL. The tax bill is is made out to the present 25 owner of record, namely: GEORGE W. THOMASSEN. Said bill gives 26 clear cut proof that George W. Thomassen is the present owners of record and documented in the Orange County Recorder's Office;) Page 3 FM 2 E. Whether there is clearly a conflict of interest 3 demonstrated in the public hearing because the hearing officer, 4 Richard Murphey,is employed by the Ciy of Newport Beach, one of 5 the parties to the action, and yet he acts as the judiciary- - 6 thus becoming both prosecutor and judge. 7 F. Qhether.Atrornsg'.Richard Murphey is bonded as required 8 by law. 9 G. Whether Attorney Richard Murphy has the bond insured 10 to protect the City of Newport Beach in case of liability 11 caused by any of the employeRsof the City of Newport Beach. 12 H. Whether Attorney Richard Muryphey is required to 13 furnish the name of the insurance company that insures the bond 14 required by law. (See the public hearing where Dr. Thomassen 15 asked Mr. Murphey for bond information and no answer is 16 shown in the transcript to be forthcoming.) 17 I.Whether the City Manager is required to be bonded and 18 have insurance to cover any unexpected liability ontie part 19 20 of the City or for any damages caused by the employees of the 21 City of Newport Beach. 22. J. Whehther the City of Newport Beach becomes liable for 23 approving a flat roof and subsequent damages from leaking 24 because leaks in the flat roof become impossible to prevent+ 25 (A flat rood becomes approved by the City of Newport BEach 26 in about 1960 when the addition to the Thomassen home is 27 approved. Again in about 2001, when Joan Thomassen spends most 28. of her life savings to have a new rocR done. The flat rooe is Page No. / I 1 again approved by the City of Newport Beach. After several 2 attempts at repairing the many leaks, the roof still leaks and 3 4 is causing additional damage to the Thomassens' home.) 5 K. Whether the City of Newport Beach is liable under the 6 Americans with Disabilities Act for the stress put on both 7 Joan Thomnassen (Joan is on four medicateions for high blood 8 pressure.) and Dr. Elmer Thomassen for ..the well accepted 9 cause of cancer, namely stress.. Stress as a cause of cancer 10 is supported by years of investigations in the medical TiAerature 11 and is repeatedly emphasized by both W. Douglas Brodie, M. D., 12 Dr. Thomassen,s treating phhysician, and Helmey Guirpas, M.D., 13 the consulting oncologist.) 14 L. Whether the City of Newport Beach is aggraVa-+,CL 15 Dr. Thomassen's malignant lymphoma by proceeding:,_c7ith the 16 public meeting before Dr. Thomasne� ,could be present. Then 17 Dr. Thomassen receives a transcript that is so tiny in the 18 print that Dr. Thomassen cannot read it even with magnification. 19 l�. Whether it is reasonable for the City of Newpvtt,[Beaith 20 t6 proceed into an order to make a nuisance of the Thomassen 21 property and abatement. (Abatement is defined in Websters 22' International Disctonary, Third Edition and derived from the 23 24 French word:fi"eaning to dispose of or destroy.1, 25 27 Page No. 4 � . ;1, JOINT 117 -321 -01.00 07 -045 CONSOLIDATED JOHN M -W. MOORLACH, C.P -A., CFPO I COUNTY TREASURER -TAX COLLECTOR 1 o n 12 Civic Center Plaza, Room G -58 I u T+ Mail Inquiries to: P.O. Box 1438, Santa Ana, CA 92702 1 �t1FORF Mail Payments to: P.O. Box 1980, Santa Ana, CA 92702 I Phone: 714- 834 -3411 , PLEASE READ THE IMPORTANT INFORMATION ON REVERSE SIDE ASSESSED TO I THOMASSEN, GEORGE W t PROPERTY LOCATION 1918 DOVER DR NEWPORT BEACH MAILTO: THOMASSEN, GEORGE W 15507 ALLVIEW DR BELTSVILLE MD 20705 eNrT oUE: 543.55 ADD PENALTY 2 /1O /O3 AFTER: 1 to+c 54.35 m1will MISCELLANEOUS DATA BELOW: 2ND INST. AMT. DUE: 5 543.55 N TR 3004 BLK LOT 7 UN AMOUNTS LEvIEO SERVICE AGENCY IC LEVY RATE -MESA U -00 D/S 0 -MESA U -00 BND 0 RO WATER D -MWDOC ST CCD 2002 BD 0 ASMNT USER FEES TOR CONTROL CHG WATER STDBY CHG D SEWER USER FEE AMT. DUE: '0" '0 , ADD PF.NAi T AFTER O 4 / 12 / O 4 108.70 10% 10.00 COST: 1205.80 R 1.02555000 BY TAXING AGENCIES AMOUNT 949.34 11.60 5* 1.92 11.60 100.00 DESCRIPTION - ASSESSED VALUE TAX AMOUNT Land 37162 Improvements - BuadingS 57772 ImprovernentS - Other Personal Property - Other PerS. Property Inventory VALUE SUBTOTALS LESS: HOMEOWNERS EXEI -TAX YR 2003 -04 1 OTHER EXEMPTION *NO FEE 01-20-04 NET VALUESANO TAXES PARCEL NUMpEI, :117- 421 -01.00 07 -045 Tly 1&r E O�ll b � IVERTY TAX BILL ( JOINT CONSOLIDATED ) aSSESSEE: OMA E PAY THIS AMOUNT) PAY THIS AMOUNT AFTER ON OR BEFORE 04/12/04 04/12/04 DELINQUENT SECOND _ SECOND INSTALLMENT 607.90 543.55 YOU CAN PAY AT .00.CA.GOV /TREAS RETURNTHISSTUBWTnt 2ND INSTALLMENT PAYMENT 94934 1087.10 2ND PAYMENTS MUST BE RECEIVED BY 5:00 P.M. OR POSTMARKED BY DELINOUENT DATI PAYMENTS WITH LATE POSTMARKS WILL INCUR PENALTY. YOUR CANCELLED CHECK IS YOM RECEIPT HE .SECOND INSTALLMENT NNIOI Br. RAID BEFORE it -tR INSTALLMENT 01117421010000620030204120400000S435S063004000006079000000000000000007 _ - ------- ---- --- ---_--_--- ------ ------------ °- ---- -- -- ------- -------------------------------- ............................. -- --- - - -- --- -- - --------- --------------- - DETACH HERE PARCEL NUMBER TWA wul.e 14CN FxnAble fU *next mu xE • sx.m Te[ rtw EACx cxea xeroxxeo e, r:m ..I- PARCEL ....: uLClo.. JHANGE COUNT Y TAX COLLECTOR 117_421 -01.00 —107 -045 I 1 SY ORANGE COUNTY PROPERTY TAX BILL ( JOINT CONSOLIDATED ) >SSESSEE: THOMASSEN, GEORGE W PAYMENTS MUST BE RECEIVED BY 5:00 PM OR POSTMARKED BY DELNOUENT DATI PAY THIS AMOUNT PAY THIS AMOUNT PAYMENTS WITH LATE POSTMARKS WILL INCUR PENALTY, JXFTER ON OR BEFORE BY 04/12/0 1 03 _- _12/10 /03 _ Y R CANCELLED CHEDK IS YOUR ELINOUENT FIRST FIRST INSTALLMENT -- I -- -- - -- ^ PAY TOTAL. DUE. RETURN 597.90 , -` _ 543.55 . ' VITH PYMT OF: YOU CAN PAY AT WWW.00.CA.GOV /TREAS RETURN THIS STUB WITH 1141.45 1 ST INSTALLMENT PAYMENT 0 0 11 3 4 5 7 8 10 11 12 13 ]4 15 16 17 18 19 20 21 24 25 2G 27 28 Dr. Elmer and Joan Thomassen George W. Thomassen 1918 Dover Drive Newport Beach, California 92660 Telephone: 949- 646 -5194 Email: elmertho @hotmail.com j RECHJ E� IJAN 2 1 2004 CITY IN THE NEWPORT BEACH MUNICIPAL CODE COURT OF THE STATE OF CALIFORNIA CITY OF NEWPORT BEA ^.H, ) JOINT NOTICE OF APPEAL TO THE °laintiffs, ) NEWPORT BEACH CITY COUNCIL 1 ' V. Case Number: Dr. Elmer and Joan Thomassen, ) APPLICATION WITH George W. Thomassen ) AFFIDAVIT FOR WAIVER OF Defendants. ) POSSIBLE APPEALS FEE PROOF OF SERVICE INTRODUCTION NON - WAIVER OF THE CONSTITUTIONAL RIGHT TO ASSISTANCE OF COUNSEL IN A POTENTIALLY CRIMINAL CASE: Dr. Elmer Thomassen, Joan Thomassen, and George W. Thomassen hereby are filing a NOTICE OF APPEAL in their own person without be1bg Q,-presented by an attor/nev as specified by the current Municipal Code of the City of Newport Beach, California, Dr. Elmer, Joan, and George each and individually reserves the constitutional right to have turnished the assistance of counsel in this pot ?entially criminal case. Paqe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 IT 18 19 20 21 22 23 24_ 25 26 27 28. II JURISDICTION TIMELINESS OF NOTICE OF APPEAL: Although the constitu- tionality of the Municipal Code of the City of Newport Beach, California, is being challenged by the Thomassens (See Below) for the purpose of removing any doubt as to the timeliness of the NOTICE OF APPEAL, the papers herein are being filed today, January 20, 2004. (The papers served on the Thomassens purport the NOTICE OF APPEAL date starts on January 7, 2004; however, no ENTRY OF JUDGMENT date, as required in mo V courts of the United States of America, is furni 'shed or available to the Thomassens at this time.) IIa DESCRIPTION OF THE PROPERTY The Thomassen property is a two -story wood houe with an attached double garage on a lot owned by the Thomassens. The address is commonly known as 1918 Dover Drive, Newport Beach, California 92660. (A legal description is easily available and is planned to be furnished as a supporting document is required, along with other supplemental information and documents , if necessary on approval by separate motion.) Page 2 V y III FUNDAMENTAL ISSIJES 3 A. Whether the Municipal Code of the City of Newport Beach, 4 California, is authorized under the Constitution of the United 5 States of America, and, if not, is it therefore unconstitutional? 6 (See discussion and supporting documents below.) 7 B. Whether there is a conflict of interest in the 8 conduct of the proceedings in the public hearing on 9 2003, including the preliminary papers and documents, as well 10 as the subsequent papers in existence to and including January 7, 11 2004. (Both the judiciary - -and the hearing officer, namely, 12 Richard Murphey, are appointed and hired by plaintiff involved 13 herein.) 14 C. Whether there is double jeopardy in the proceedings 0 herein since the Thomassens were tried without an opportujity 16 to be present, Joan Thomassen is fined $100.00 and she takes 17 cummunity property and pays the fine. (See documents and dis- 18 cussiori below.) 19 D. Whether the entire proceedings must be restarted because 20 the present recorded owner is recorded as George W. Thomassen. 21 .(See copy of recording to be obtained from the Orange County 22 Recorder's Office, Santa Ana, Calilfornia.) (See Supporting 23 Exhibit No. 1 included herewith and entitled: ORANGE COUNTY 24. PROPERTY TAX BILL. The tax bill is is made out to the present 25 owner of record, namely: GEORGE W. THOMASSEN. Said bill gives 26 clear cut proof that George W. Thomassen is the present owners of record and documented in the Orange County Recorder's Office.) Page 3 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22• 23 24 25 26 27 28. E. Whether there is clearly a conflict of interest demonstrated in the public hearing because the hearing officer, Richard Murphey,is employed by the Ciy of Newport Beach, one of the parties to the action, and yet he acts as the judiciary- - thus becoming both prosecutor and judge. F. AheEherrAEtosney-..Richard Murphey is bonded as required by law. G. Whether Attorney Richard Murphy has the bond insured to protect the City of Newport Beach in case of liability caused by any of the employe$Sof the City of Newport Beach. H. Whether Attorney Richard Muryphey is required to furnish the name of the insurance company that insures the bond required by law. (See the public hearing where Dr. Thomassen asked Mr. Murphey for bond information and no answer is shown in the transcript to be forthcoming.) I.Whether the City Manager is required to be bonded and haue insurance to cover any unexpected liability onti;e part of �he City or for any damages caused by the employees of the City of Newport Beach. J. Whehther the City of Newport Beach becomes liable for approving a flat roof and subsequent damages from leaking because leaks in the flat roof become impossible to prevent+ (A flat rood becomes approved by the City of Newport BEach in about 1960 when the addition to the Thomassen home is approved. Again in about 2001, when Joan Thomassen spends most of her life savings to have a new roc done. The flat roof is Page No. -j - 1 again approved by the City of Newport Beach. After several 2 3 attempts at repairing the many leaks, the roof still leaks and 4 is causing additional damage to the Thomassens' home.) 5 K. Whether the City of Newport Beach is liable under the 6 Americans with Disabilities Act for the stress put on both 7 Joan Thomnassen (Joan is on four medicateions for high blood 8 pressure.) and Dr. Elmer Thomassen for ..the well accepted 9 cause of cancer, namely stress.. Stress as a cause of cancer 10 is supported by years of investigations in the mecch cal litAbiature 11 and is repeatedly emphasized by both W. Douglas Brodie, M. D., 12 Dr. Thomassen,s treating phhysician, and Helmey Guirpas, M.D., 13 the consulting oncologist.) 14 L. Whether the City of Newport Beach is aggra " -�a 15 Dr. Thomassen's malignant lymphoma by proceeding.;.-with the 16 public meeting before Dr. Thoma%Eea,eould be present. Then 17 Dr. Thomassen receives a transcript that is so tiny in the 18 print that Dr. Thomassen cannot read it even with magnification. 19 � • I Whether it is reasonable for the City of Newport-5Fseach 20 to proceed into an order to make a nuisance of the Thomassen ?1 property and abatement. (Abatement is defined in Websters 22' International Disctonary, Third Edition and derived from thq 23 24 French word:Meaning to dispose of or destroy j 25 27 011-0� Page No..<C� JOINT AMOUNTS LEVIED BY TAXING AGENCIES .117 - 321 -01.00 07 -045 CONSOLIDATED SERVICE AGENCY AMOUNT JOHN M.W. MOORLACH, C.P.A., CFP® iASIC LEVY RATE 949.34 �t ~w�In COUNTY TREASURER -TAX COLLECTOR -MESA U -00 D/S 0 11.60 12 Civic Center Plaza, Room G -58 Mail Inquiries to: P.O. Box 1438, Santa Ana, CA 92702 U -MESA U-00 BND 0 TRO WATER D -MWDOC 1pol. Mail Payments to: P.O. Box 1980, Santa Ana, CA 92702 IOAST CCD 2002 BD 0 .48 Phone: 714 -834 -3411 3PL ASMNT USER FEES PLEASE READTHE IMPORTANT INFORMATION ON REVERSE SIDE_ ECTOR CONTROL CHG 1.92 ASSESSEOTO - - - _ WATER STDBY CHG 11.60 THOMASSEN, GEORGE W CSD SEWER USER FEE 100.00 PROPERTY LOCATION 1918 DOVER DR NEWPORT BEACH MAIL TO: THOMASSEN, GEORGE W 15507 ALLVIEW DR BELTSVILLE MD 20705 1ST INST. 2ND INST. TOTAL AMT DUE: 543.55 ANIT -Okle. 543.55 AMC DUE: 1087.10 ADD PENALTY AFTER: 12/10/03 ADD PENALTY AFTER 04/12/04 ADD PENALI AFTER 04/12/04 54.35 54.35 108.70 10x 10% 10.00 10`X. 10.00 597.90 COST: 607.90 COST: 1205.80 TR 1.02555000 MISCELLANEOUS DATA BELOW' DESCRIPTION - ASSESSED VALUE TAX AMOUNT N TR 3004 BLK LOT 7 UN Land 37162 Imps emenls - Buildings 57772 Improvements - Other Personal Property - Other Pars. Propeny mvenlory _ SUBTOTALS TAX YR 2003_04 1 OTHER EXEMPTION *NO FEE .... VALUES ANDTA XES 94934 ...................01-20-..04 ..... .. ................................................. ............................. NET .. ..... .. PARCEL NUMdEM i�.. .117- 421 -01.00 07 -045 »..: RAfE Ol�f��?IERTY TAX BILL ( JOINT CONSOLIDATED ) ASSESSEE: T OK PAY THIS AMOUNT PAY THIS AMOUNT AFTER ON OR BEFORE 04/12/04 04/12/04 DEUNOUENT SECOND SECOND INSTALLMENT �__.. 607.90 543.55 YOU CAN PAY AT .00.CA.GOV TREAS .... .. ... N..T..N.S . S ._ YMND INS 7AUAEN PAYMENT NT 1087:10 .2ND PAYMENTS MUST BE RECEIVED BY SAD P.M OR POSTMARKED BY DFUNOUENT OAT] PAYMENTS WITH LATE POSTMARKS WILL INCUR PENALTY. YOUR CANCELLED CHECK IS YOLK RECEIPT ;',iE SECOPA WSTALLIJIENT ,;.NHW 6r PAID BEFORE -,t I-tH iNSTAL.LMENT 01117 421010000620030204120400000543550630040000060 79000000000000000007 ..... . ..... ............................................. ....... ........... .. ...... ... ............................... ........... ............................ ...................... .-. ............ . ............... .......... ........ PARCEL NUMBER TPA _ DETACH HERE N+AnL ClibCn rAtAbt.EN tnCRF witl BF, INN FEE FOR E " ChFCb REYVANFD by om bbe. i w,n Iiucca.I CHANGE COUNI Y TAXCOL IOR 117 - 421 -01.00 107 -045 1 ST ORANGE COUNTY PROPERTY TAX BILL ( JOINT CONSOLIDATED ) ASSESSEE: THOMASSEN, GEORGE W PAYMENTS MUST BE RECEIVED BY 5.00 P.M. OR POSTMARKED BY DEUNOUENT DATI PAY THIS AMOUNT PAY THIS AMOUNT PAYMENTS WITH LATE POSTMARKS WILL INCUR PENALTY. JIFTER ON OR BEFORE BY 04/12/04 03 12/10/03 YOUR CMCELLEO CHECK IS YOUR ELIHOUENT FIRST FIRST INSTALLMENT ' - -- !- -- - - PAY TCTAL DUE. RETURN 597.90 { 543.55 v:tr+ P`!MT OF: YOU CAN PAY AT WWW.00.CA.GOV /TREAS 5RETURN THIS STUB WITH T INSTALLMENT PAYMENT 1141.45 7'//Von- "CA r No- nIIIn11MI"ITN "7m. l..3 1. IHH1f1c U � c cnwn Unnnn GR74nnnnnnnn nnnnnnnnT 9 40 i 1 `Ii Dr. Elmer and Jca- ,aomassen �. �- George W. Thomassen 1918 Dover Drive Newport Beach, California 92660 41 J 71 01 Telephone: 949 - 646 -5194 Email: elmertho @hotmail.com IN THE NEWPORT BEACH MUNICIPAL CODE COURT 911 OF THE STATE OF CALIFORNIA 1 CITY OF NEWPORT BEA ^.H, JOINT NOTICE OF APPEAL TO THE 11 Plaintiffs, ) 12 ) NEWPORT BEACH CITY COUNCIL 13 V. ) 14 Dr. Elmer and Joan Thomassen, ) DECLARATION OF JOAN THOMAS - George W. Thomassen 15 ) SEN IN SUPPORT OF Defendants. ) AFFIDAVIT REQUESTING THE 16 ) WAIVING OF THE APPEALS FEE 17 I, Joan Thomassen, hereby declare than I am currently 18 ::m4xried to Dr. Elmer H. Thomassen, the same as during the 19 pas fifty years. Since October, 1998, with the closing of 20 doctor's private office, I am the major support of his 21I1voluntary research work. Out savings are exhausted. I work approximately 20 hours a week as an interpreter and 1-01 receptionist at the University of California, Irvine, Hospital 24 in Orange, California. I have recently had a raise in pay to 4011twelve dollars an hour. The government tak ; 20 percent of thai 26 amount, so that leaves very little for Dr. and me to survive on. 281 V / / / ra'�� PO. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22' 23 24 25 26 27 28. Approximately two years ago I depleted my life's savcings and tried to have a new roof repair job on the flat roof that covers the addition built on our home in about 1960. After several attempts to rfepair Xthe leaks on the flat rood, thefe has been a number of leaks in the recent rain storm even though Dr..Thomassen covered most of the flat roof with a large tarp that he obtained free from the Venteranary Hosp4ital. Since I am supporting Dr. Thomassen on my meager earnings, I cannot afford to pay any fee for J490 the appeal being submitted herewith. UNDER PENALTY OF PERJURY, A I DECLARE THE ABOVE STATEMENTS TO BE TRUE AND CORRECT AND TO BE BBA BASED ON MY PERSONAL ' KNOOWLEDGE. 'EN" EXECUTED THIS d� �??�1�? 20TH DAY OF JANUARY, 2004. Respectfully submitted, Joan M. Thomassen fA�,L A16o 4 NEWPORT BEACH January 29, 2004 Dr. Elmer and Joan Thomassen 1918 Dover Drive Newport Beach, CA 92660 RE: APPEAL HEARING Dr. & Mrs. Thomassen: HAND DELIVERED U.S. FIRST CLASS MAIL U.S. CERTIFIED MAIL - RETURN RECEIPT REQUESTED Please be advised that on Tuesday, February 10, 2004 at 7:00 p.m. in the City Council Chambers, located at 3300 Newport Boulevard, Newport Beach, California, the City Council, at its regularly scheduled meeting, will hear and decide your appeal of the determination that the property at 1918 Dover Drive, Newport Beach, California, is a public nuisance and the order of abatement. This is a Public Hearing and you may present in person information you wish the City Council to consider in deciding the appeal. If you wish to submit written materials to them (Iplease have that information to my office by noon on Tuesday, February 3, 2004, so thl I will have sufficient time to copy it and have it distributed to them as part of the materials they are normally provided. If you choose to bring materials to the hearing please bring fifteen (15) copies so it may be distributed to them at the hearing for possible consideration. Sincerely, i 1 LaVonne M. Harkless, CMC City Clerk cc: Daniel K, Ohl, City Attorney's Office Jim Sinasek, Code and Water Quality Enforcement Homer Bludau, City Manager 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 3 4 5 6 7 8 9 10 11 12 13 fe 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL IN RE: DR. ELMER AND JOAN THOMASSEN 1918 DOVER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 APPEAL HEARING LETTER 1. 1 declare that I am a citizen of the United States, that I am employed by the City of Newport Beach, that I am over 18 years old, that my business address is 3300 Newport Blvd., Newport Beach, California and that I am not a party to the within action. 2. 1 served the within: APPEAL HEARING LETTER on the person(s) named below by enclosing a true copy thereof in a sealed envelope addressed as shown below AND placing said envelope(s) for collection and mailing on the date and at the place shown in item 3 following our ordinary business practices. I am readily familiar with this business' practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 3. a. DATE OF DEPOSIT: January, 2004 b. PLACE OF DEPOSIT: Newport`Selach, California I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED on this Januar, 2004, at Newport Beach, California. Signat 41acrtBeach ` OLE Dr. Elmer and Joan Thomassen 1918 Dover Drive Newport Beach, CA 92660 F:\cat\shared\pleadings\Thomassen\CPproof.doc Proof of Service �(f6 RESOLUTION NO. 2004 - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING OWNERS OF 1918 DOVER DRIVE TO ABATE PUBLIC NUISANCE WITHIN 30 DAYS AND DIRECT STAFF TO PURSUE ABATEMENT IF OWNERS FAIL TO COMPLY WHEREAS, on September 8, 2003, City staff inspected the property at 1918 Dover Drive and found conditions which were in violation of City codes and requirements; and WHEREAS, on October 17, 2003, City staff sent the property owners at 1918 Dover Drive a Notice of Violation listing the conditions which were found to be in violation of the City's codes and regulations, copies of photographs depicting the conditions and seven days to correct the violations; and WHEREAS, on October 24, 2003, City staff reinspected the property at 1918 Dover Drive and found the conditions had not been corrected; and WHEREAS, on October 27, 2003, City staff send the property owners a second Notice of Violation listing the conditions which were in violation of the City's codes, photographs depicting the conditions, and gave an additional seven days to correct the violations; and WHEREAS, on November 3, 2003, City staff, reinspected the property at 1918 Dover Drive and found that the conditions had not been corrected; and WHEREAS, on November 10, 2003, City staff posted the property at 1918 Dover Drive, and mailed, first class and return receipt requested, with Notice of Hearing to determine if the property at 1918 Dover Drive was a public nuisance; and WHEREAS, on November 24, 2003, a public hearing was held before a hearing officer to make findings and recommendations on whether the property at 1918 Dover Drive was a public nuisance; and WHEREAS, on December 19, 2003, the hearing officer submitted his findings and recommendations that the property constituted a public nuisance as defined by Newport Beach Municipal Code Section 10.50 et. seq.; and WHEREAS, on January 7, 2004, the City Manager, after receiving and reviewing the findings and determinations of the hearing officer, and, after receiving and reviewing the evidence submitted, both oral and documentary, issued findings that the property at 1918 Dover Drive constituted a public nuisance pursuant to Newport Beach Municipal Code 10.50 et. seq., and issued an Order of Abatement to abate the conditions by February 2, 2004; and -1- WHEREAS, on January 20, 2004, the property owners at 1918 Dover Drive filed a Notice of Appeal of the determination that the property was a public nuisance; and WHEREAS, on February 3, 2004, City staff reinspected the property at 1918 Dover Drive and found that the conditions constituting a public nuisance as set forth in the findings had not been abated within the time specified; and WHEREAS, on February 10, 2004, the City Council heard and considered the Appeal of the property owners at 1918 Dover Drive that the property was a public nuisance and the Order of Abatement, and, upon review and consideration of all of the evidence submitted to the hearing officer, and, City Manager, and, following the submission of all evidence at the public appeal hearing; and NOW, THEREFORE, the City Council of the City of Newport Beach resolves: 1. There has been a long standing history of complaints concerning the conditions of the property at 1918 Dover Drive, as well as prior and repeated determinations that the condition of the property were not in compliance with various City codes and regulations; 2. The property owners have been given sufficient and adequate notice in the past of the conditions which are in violation of the City's codes and regulations, and which were to be corrected, and, sufficient and adequate time and opportunity to make necessary corrections but have failed and refused to do so, and have not otherwise kept the property in a condition of compliance with City codes and regulations; 3. The property owners have been given sufficient and adequate notice of the present conditions on the property that are not in compliance with City codes and regulations, have been given color copies of photographs depicting those conditions, and, sufficient and adequate time and opportunity to make necessary and required corrections, but have failed and refused to do so in a timely fashion, or at all; 4. The present conditions of the property, as shown by the evidence submitted to the hearing officer, and, as presented to and considered by the City Manager, is not in compliance with the requirements of Newport Beach Municipal Code Section 10.50 et. seq., and therefore constitutes a public nuisance for the reasons found and determined by both the hearing officer in his findings, and, as determined by the City Manager as set forth in his findings; -2- 5. That the property owners have failed to submit any evidence at any point throughout the process as to how and why the property is in the condition that it is, or, as to how and why they have failed to correct and remedy the situation, or otherwise keep the property in such condition that it is not in violation of City codes and regulations; 6. That the property at 1918 Dover Drive is a public nuisance for the reasons and on the basis as set forth in the findings and recommendations of the hearing officer, and, as set forth in the findings of the City Manager dated January 7, 2004, both which are incorporated by reference; 7. That the property owners are hereby ordered to abate the conditions which constitutes a public nuisance, as listed in the findings of the City Manager dated January 7, 2004, within 30 days pursuant to Newport Beach Municipal Code Section 10.50.090; 8. That should the property owners fail and refuse to abate the public nuisance at 1918 Dover Drive within 30 days, the City will abate such conditions pursuant to Newport Beach Municipal Code Section 10.50.100; 9. That a report of the proceedings and an itemized account of the cost of abatement of the public nuisance shall be prepared and filed with the City Clerk; 10. That as a result of the foregoing, the appeal of the property owners at 1918 Dover Drive is hereby denied. ADOPTED this loth day of February, 2004. ATTEST: City Clerk FAusers \cats hared \da \Resolution \Thomassen.doc -3- MAYA STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven: that the foregoing resolution, being Resolution No. 2004 -13 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly, and regularly held on the 10th day of February, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb. Nichols. Mayor Ridgeway Noes: '_None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of February, 2004. (Seal) City Clerk '_Newport Beach, California i1 a �j i I 10 11 13 34 15 ?7 h, 211 231 271 9R Dr. Eimer and Joan _..omassen George ?v'. Thomassen 1918 Dover Drive Newport Beach, California 92660 Telephone: 949 -646 -5194 Email: elmertho @hotmail.Coln "RECEIVED AFTER PRI,WED:" �± r FFR IN THE NEWPORT BEACH MUNICIPAL CODE COURT OF THE STATE OF CALIFORNIA CITY OF NEWPORT BEA-'H, JOINT NOTICE OF APPEAL TO THE Plaintiffs, ) } NEWPORT BEACH CITY COUNCIL } V. ) Case Number: Dr. Elmer and Joan Thomassen, ) DECLARATION OF PHILLIP George W. Thomassen } PROOF OF )HAY, MD; proving Defendants. } SERVICE ONF THE THOMASSEN NOTICE OF APPEAL BEFORE copies of the I Phillip Hay; M.D., personally served ./ Thomassen NOTICE OF APPEAL by taping an envelope containing the NOTICE OF APPEAL WITH SUPPORTING PAPERS ON THE OUTSIDE OF THE DOOR OF THE CITY OF NEWPORT BEACH Cit$,Hall at 3300 Newport Blvd well before noon,- FMbriiary 5e 2004. Under penalty of perjury, I declare the above statements to be trVe amd cgrr&ect and based on my personal knowledge. Execute Dr. Elmer and Joan m,iomassen George W. Thomassen 3 1918 Dover Drive Newport Beach, California 92660 Telephone: 949-646-5194 i{ Email: elmertho@hotimail.com i 1 :EN THE NEWPORT BEACH MUNICIPAL CODE COURT OF THE STATE OF CALIFORNIA _! CI''> C;^ NEWPORT BEA"H, III ? JOI-NT NOTICE OF APPEAL TO T3iE } Plaintiffs, ) ) NEWPORT BEACH CITY COUNCIL i V. ) Case Number: I ) DECLARATION OF PHILLIP Dr. Elmer and Joan `1`homassLrr, ) ! Geo,q> W. Thomassen ) Droving PROOF OF )HAY, MD, { Defendants. SERVICE &AF THE THOMASSEN 17 NOTICE OF APPEAL BEFORE copies of the Phillmp Hay, M.D., personall;r served Thomassen 21 2L F'n 27 NOTICE OF APPEAL by taping an envelope containing the NOTICE OF APPEAL WITH SUPPORTING PAPERS ON THE OUTSIDE OF THE DOOR OF THE CITY OF NEWPORT BEACH Ci_tYyllall at 3300 Newport Blvd well before noon,- FDbriary 5, 2004- Under penalty of perjury, I declare the above statements to be trp,e amd cgrr*ect and based on my personal knowledge. Executed at Newport Beach, California, this Feb.5.2004. 1 2, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rv FEB 0 a [004 DECLARATION IN SUPPORT OF ELMER H. THOMASSEN' S MO 7: ' ,22P vkp:.v„ A POSTPONMENT OF THE THOMASSEN PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OFNNEWPORT BEACH, CALIFORNIA I, Elmer -H. Thomassen, M. D., declare the following: 1. I am one of the defendants in the action of the City of Newport Beach v. Elmer -H. Thomassen, et al. 2. For the purpose the herein action, I probably qualify as an equity owner of the property..located at 1918 Dover Dr., Newport Beach, California. 3. I only received notice of the scheduled hearing before the City Council for February 10, 2004, last night,1 /31/04. 4. The early sceduliing of the hearing before the City Council is obviously done for the convenience of the City Council and does not show any regard for the defendants in the herein action. 5. Since both Dr and Mrs. Thomassen are not only elderly, (82 and 72, respectively) but are also acutely and chronically suffering from ill health, even experienced lay people can easily perceive t he obvious unreasonable scheduling of' the early hearing. The law only require that a hearing be postponed to beyond ten "business days" from the filing date of the Notice sof Appeal. The Code does not require that the hearing be held any certain time beyond the ten "business days." DECLARATION OF Elmer -H. Thomassen, M. D., in support of the RENEWAL OF THE MOTION FOR A STIPULATION FOR A CONTINUANCE OF THE PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA Under penalty of perjury, I declare the foregoing statements are true and correct and are to the best of my knowledge and belief and, further, are liesed on my personal knowledge and and experience. EXECUTED.AT NEWPORT BEACH, CALIFORNIA, THIS 5TH DAY OF FEBRUARY, 2004. PS: Dr. Thomassen reserves the right to supplement these papers on or before the date f the City Council Public Hearing. E. T. PS: Dr. Thomassen reserves the right to supplement these papers on or before the date df the City Council Public Hearing. E. H. T. I)r0die INTEGRATNE HFACTH CENTER ,. February 3, 2004 FEB U 5 2004 Re: Dr. Elmer Thomassen To: Daniel Ohl, Esq. Deputy City Attorney 3300 Newport Blvd. Newport Beach, CA Dear Mr. Ohl, Dr. Thomassen is being treated in my office for follicular, non Hodgkins Lymphoma, He has had six IV infusions and five doses of Insulin Potentiated Chemotherapy. Dr. Thomassen's malignancy is serious and unstable. His lymphoma is progressive and he is presently physically unfit for any court appearance or hearing. His treatment this week had to be put over from Monday to Tuesday because of scheduling problems. Likewise his treatment next week is scheduled for Tuesday, February 10, 2004, Hopefully, at some time in the next two to three months, Dr. Thomassen will be well enough to tolerate a court appearance. The estimated date of treatment completion is September 1, 2004. Thank you for your consideration, Yours truly, W. Doug as Brodie M.D. cc:file ?"rnary S. 7nn4 1910 Dover Drive Newport Beach, California 92660 T>lepnone 949 -646 -5194 &mail: almerthw hotmail.com Daniel Ohl, Esq. Deputy City Attorney City of Newport Beach, CA Dear Mr. Ohl: Re: Renewal of Motion for a continuance of the Thomassen Public Hearing before the City Council of the City of Newport Beach, Californi As you promised in our telephone conversation late yesterday afternoon, please make appropriate copies of the enclosed supporting documents in my efforts to obtain a continuance of the schedulced public hearing before the City Council of the City of Newport Beach, California. Please distribute the information to the appropriate parties as you promised yesterday. As I mentioned yesterday, the enclosed materials include fifteen copies of the letter by my treating physician, W. Douglas Brodie, M.D., but they also include 15 copies of the Notice of Appeal timely filed on Febru�ryv 20, 2004. The INFORMATION UNDER THE HEADINGS (JURISDICTION AND FUNDAMENTAL ISSUES) should help the members of the City Council understand at least some of the problems involved in what the City of Newport Beach is doing to the Thomassens in its efforts to pacify the complaining neighbers. Such action can easily be distinguished from the reasonable actions being offered by Mr. Terry DuBay and his Christian friends. Sincerely yours, Elmer -H. Thomassen, M. D. PS: Dr. Thomassen reserves / the right to supplement these papers on or before the date df the City Council Public Hearing. E. H. / �: y� IJ receptionist at Che, Unive-i:slty Of !rvin0, Hosoiia -' in Oranc Cal..fcn?i__ I z_ recce.. ..s.d a .-.isc .-- ._ o 25 twelve dollars Sri hour. The government tc.i C _:U j: rC ni: o-' L'ha' 2; amount, no that leaves very little for Dr and me to survive on. 27 2S p I IC S 2 i Georges 3 1918 Dover Drive Newpol't Beach, Ca ii_orni<. 926c0 � ��sri ;s, , ;,' J Tel ,phone: 949-6-16-5194 1;i r " Email.: l ;ertho { ?hotraa. 7 tIE ;P ^v „!CH rIt IZT i3�� m`UNIC- -PAL CODE r'.�UM' , IT2" ST-;-Ti ?. OF 'A.:..I 'l_`iiN A i`'Etti =i;it" .3ET:-- CITY COUNCIL x2 > V. 14 Dr_ Elmer and Joan Thomassen, ) DECLARATION Or JOA N THOilAS= George W. ThOrnasseny ... ) SEIti ltd SUPPORT Of _'.... APF.'- DAVIT _ - QUESTING `L' E r WAIVING Or THE APPEALS - -� FEE 17 I ; J.oa: Thomassen., he-'ADy declare .:`:,._ _ a.:a cnr_enti.l 18 -,ICarried to Dr- Plater H. 'Thoma -sen, tho saine an during the jci past fifty years. Since October, 1998, with the closing of 20 doctor's private of =ice, ., -._:t the r;tu o± support of his 21 i ' n '' u _avings ar - e_ri_usted. '12 T IJ ter,. au'- -..,_.:. -t;!a C =_ "1 L'J _1 Ji.:rS a .. "_:,._ -.._ ..-, a'IId IJ receptionist at Che, Unive-i:slty Of !rvin0, Hosoiia -' in Oranc Cal..fcn?i__ I z_ recce.. ..s.d a .-.isc .-- ._ o 25 twelve dollars Sri hour. The government tc.i C _:U j: rC ni: o-' L'ha' 2; amount, no that leaves very little for Dr and me to survive on. 27 2S p I 2 fl i f i M , oW ` ♦ .SS JURISDICTION 4 tionality On iCILCi 02 APPEAL : "hough the constitu- i S California Municipal Code of the City of N"nort Beach, "lla"Oed by the 6 I' _ � ^ :`li; :. :_isse_is :See He! G:d } ! o.r the Purpose of remoV;. g any dour c 7 the NOTICE �: o � - -. to the timeliness pf �L A. PETAL the papers herein -__e - ,ei;;a 8 i:'.a,: today, Januaa.y 20, 2004. (The papers served the NOTICE Gn the 7'hon :asst -j,s purport 9 OF APPEAL gate starts on January 7, 20 10 1:0 F.i4`1'iZ i' (; F' �(. �� U4, however, -%1 _.EO' date, as q li United St;, re t- „ °c in !,.op courts of the or available to the 12 Thomassens at t.his- 13 I Ila 14 DESCRIPTION OF THE PROPERTY 15 The Thomas en Prop "rt is ttao Y a -story wood h 16 an a t t -h our-' uitr, e� ed ::GEC =e garag.� on ,- lot O no" Jy tAa 1'hom,osens' The 17 address i s cG::uaonli :own as 1913 113 California 92GGG. [A legal desc pt_ cr_ is planned to be furnished and d as a supporting docc.a!ent is recuired 20 along evith other su documents }' pplemental information and docum 21 necessar- on i_ approval by separate motion,) 22 / / / - - 23 24. r6 7 Me 1 Ill n � 3 A. Whether the C:u "1c1.paI Code of the . ^_i- -, ef: ti\Few,port reach, 4 California, is -u horized under the Constitution of the united 5 States of America, and, if not, is it therefore unconstit- utional? 6 (See discussio.: and supc,T)rtincj coc_. -5e ^t elo• ;. } 7 13. Whether there is a conflict of interest in the 8 conduct of "-lie pruceedings in the public hearing o ?t 9 2003, including the preliminary papers and documents, as well 10 as the si':bseij ❑LZ`C di >2 1S: e: :� -'enCe to illd li!CLUd Lu(j ann2'_ry ], 11 2004. (Botn L!:e_ ti,e hear]ng 12 Richard Murphey, are appointee :,nd h.rej by p:.��intii` involved 13 herein.) 14 C. Whether there is double jeopardy in the proceedings 15 herein since thr.' Liicma lens ::eri tried oli `h01;t 3i2 C' GOrtU ' L: 16 to be present, Joan Thomassen is fined $1.00.00 and she takes 17 cummunity property and pays the fine. ;See documents and dis- 16 cussion below. 19 D. Whether the entire proceedings must be restarted because 20 the present recorded pea ^er is recorded as George W. '1homassen. 21 (See copy of recording to be obtained from the Orange County 22 Recorder .> -, - -- - 2 Su, ocor nc 23 Exhibit No. 1 included herewith and en itied: ORANGE COUNTY 24 PROPERTY TAY BILL. The taz b'ili. is ;11 GZ out LO 25 owner of record, namely: GEORGE W THO.•iASSEia. Said a.ili g_tves 1 26 clear cuL proof that George W. Thomassen is the present ow er of '7, record and documented in the Orap_ge County Reccrder's Office.) .8 I Page 3 2 i, etner icier E3 is Clearly c, cOIlr lice Of intoEe5' 3 demonstrated in the public hearing because the hearing officer, 4 Richard Llarphev is employed by the Ciy of Newport beach. one of S the parties to the action, and yet he acts as the judiciary- - thII`5 becc iii. L D;1' -: arns3t. .. . =o and °l F'. 4.tetler : : :,L: oinel tzicslarla i::_rrle_a is bonded as required B by law. 9 G. Whether Attorney Richard I"I rp :'y : :_s the _ " :i,nC insured 10 to protect the City of Newport Beach in case of liability 11 caused by any of the employe_)Sof the City of Newport Beach. 12 H. Whether Attorney Richard lur.x {Apney is required to 13 i� furbish the native o tile. insurance cc,; ipan_y Chat insures the bond 14 required by law. (See the public hearing where Dr. Thomassen -15 asked Mr. _'urphey for bone information and no answer- is 16 shown in the transc -ip"t tc, be forthcomiug.) 17 Ci ,.-_ :aver _:eyu = -ec: 'o be Lo ^de and 18 have i- ZSU_:ance to cove- any unexp�zc'i_a;:. li 1- =1ity on' I,e part- 29 20 Of the C-i "-y or for any damages caused by ti:i.'. e_mp ° o'y-ecs of the 21 City of Newport Beach. 22 J. Whehther the City of Newport Beach becomes liable for 23 approving a flat roof and subsequent damages from leaking 24 because lealSs in the flat roof becci:ie 1mPOSSiIble to prevent 25 (A flat rood becomes apn_ovod by the City of Newport Brach 26 in about 19_60 when the addition to the Thomassen horse is 27 approved.IPogain in about 2001, when Joan Thomassen spends most 28. of her life savi_nus _c i :a1r ., new roe.' done_ The ._lac rooi is Page c. I 11 1 1- 3 JJRISDICTIOiQ L:IE;,T. � NOTICE OF APPEAL: Although th, cg;,.stitu- 4 tionality of the b1u;;icipa.l Code of 5 California, the City of Lies Wrt leach, . i s being chailinged by the ThOmassens (See Below) fOr the iiUrpCSe of iE",:OVi;Zn 7 � any &,,K, t!-:e timeliness of the NOTICE OF APPEAL the �� pipers !_n,_,. ir; are being filed today, 8 January 20, 2004. (The papers served on the Thomass2ns purport 9 the NOTICE OF APPEAL date starts on Janua: 7, ?00 however, 10 no ENTRY Op JUDSMEN`_" l L ' as rewired � Zl United States 1n =no(dt courts of the Tho _ . =.i' frr=.- hea Or available o i 12 masses_ _ the .13 IIa j 14 llESCRIPTION OF _ PROPERTY I 15 The Thomassen C,y'� property is a tc'ro -story wood hour' erii.h 16 an attached double garage o ='- a lot owned by the Thomassens. The 17 address is commonly known as 9i8 Dover D _iv� , Newport geachr ,_ 28 California >?&60. ,, legs_ pt'o:_ ' 1g �s easy; -y available and ' is planned to be furnished as a supporting document- is required, 20 along with other su Pler n 21 � neces r antal information and documents sa_y on approval by separate motion.) if 22 23 24 25 26 27 Page ... T - SSDE,C Whether the Municipal Code of the City cf Newport Beach, a California, is U.ideY Lt ?> CO!iS 11 flit lOn C ?:: ChE United $ States of America, and, if not, is it therefore unconstitutional? 6 ( See isr_us; ion arci sni= ti doculenLs -•etc;:.) 7 B. Whether there 'is a conflict of interest in the 8 conduct of the proceedings in the puti l.ic n ,;= ;11, c l 9 2003, including the preliminary papers and dccu:l:ents, as well 10 as the subsequent papers in existence to grid includiny Jan'lary 7, 11 2004. Both the ud ( _ __lard-- u. ^..��. thG i ?235'ing o-r lCer, n�afitely, 12 Richard Murphey, are appointed and 11__ed by plaintiff. involved 1JIhere in_i 14 C. Whether there is double jeopardy in the proceedings si::ce t h;- ` P =hc:;:ass'a tor _ e tied e % l: 1touc a. c portujity 16 to be present, Joan Thomassen is fined `;100.00 and she takes 17 CllPlmllnitV Lr0 2Y ty _ ? �'s t: i1nC'. (3cE i GCii LS 3n d1s- 18 cussion below, 19 D. Whether the enti-re proceedings must be restarted because 20 I the present recorded owner is recorded as Gec:rq- 1:. 'Y:,oicassaa. 21 (See copy of recording to be obtained from the Orange County 22 Recorder's Of f ice, San CZ Ana, CaliI-Iornia.) (See Supporting 23 Exhibit No. l includes, herecai•`h and entitled• ORANGE COUNTY c 24 PROPERTY TAX 3i1L. T,Ie ;,, _ ill. is -.:ade out ie they ^resent 25 owner of record, namel is GEORGE P:. 111 FIO[:ASSEL?. Said bill gives 26 clear cut proof that George W. Thomassen is the present owneZr of 27 record and documented in the Orange County Recorder's Office.) 28. Page 3 3 demonstrates in the public hearing because the hearing officer, 4 Richard 1•iurphey, 1s omlploy" y ti:a o w' -,- ­1 Ui.0 Of ad b C t:e, or. re - -° 5 the parties to the action, and yat he acts as the judiciary- - 6 thus becoming both prosecutor and judge, 7 F. WIIethei orn_- Richard murphay is bonded as required 8 by lace. g G. Qhet_her At`or'Dey Richard e7urphy has the bond insured 10 I to protect the City of Newport Beach in case of liability 11 caused by any of the emplove :,�Sof the City of Newport Beach. Richard t4llt :'phew is required 'co iIt - 13 �I fllrn.i ran G J fi ,hat , _.nsur_s the bond 14 required by law. (Sea the public :;here ter,. "_'homassen 15 asked Mr. Murphey for bond information anal nc answer is 16 shown in the transcript to be forthcoming.) 17 I 1..1.ihether the Fitt Manager is required to be bonded and 18 � have insurance tU cover anv unexo._'cted liability online part 13 20 of the City or for any damages caused by the employees of the 21 City of Newport Beach, 22 J. Whehther the Citv of Newport Beach becomes liable for 23 1I approving a flat roof and subsecuent damages from leaking 24 be_ca.us;. _eai; s =:_ 25 (A flat rood bacomes approved by of Newport Beach 26 in Lbout. 11'960 .;hc- the add t ion -r, 27 approved. 4hgain in about 2001, when .loan Thomassen spends most 28 of her li =e savings to have a new rocl done. The flat roost is Papa Pio, I again app'O:;ed 1. the City of Cie ;,7>ort °each. After several 2 at't-nlptc a airu?y ti:e _:any ie , 3 1-he ro :: ati.11 iaa;;s and lI is causing additional damage to the `i^hol:assens' home.; 5 K. leihet'r.er the City of Newport Beach is liable under the 6 Americans ' ;:ith Disabilities Act for the stress put on both 7 Joan Thoi.inassen (Jcan is o: four madicateions for ;,_gh blood 8 pressure,) and Dr. Elmer 1'homassen for the well accepted J calls& Of nLer; name'_-,, stress., c a coin"' Cancer r 10 is supported by years of investigations inthe io- au:_a:?l 1ii'de 3ture 11 and is _ =- ,eater v smpi:e- sized by 'Doth N. Douglas Brodie_ M. D. 12 Dr. Thomassen, 1 s treating nhhysician, and Nelmey Guiroas, b1,D., 13 the consulting one „lorist.; 14 L. Whether the City of Newport Beach is agaravA.,t- i 15 Dr. Thomassen's malignant lympholaa by proceeding._,.vrith the 16 II publiv meeting before i)r, Thoma -ssen- could be present. 'Chen 17 I Dr. Thc:asse receives _ transcr_g� :h zi i s s o tiny ir. the 16 print t. ri ;it Dr, :T 'C-z- dassen ,- ..nnct re`d ..-, ..._ F7i t_. .:'.ai ;'? ' cation. 19 tfl. �%'hether it is reasonable for the C_tv of iie p i '.a ---a 20 t )roceu,' in D an o Ee - - 21 property and abatement. (Abatement is defined in „ebsters 22 international Di S-LCnary, ';hira Edition and Cer?ved - "0::1 L17 23 French word :meaning to dispose of or destroy.) I .v}fpYY / ✓/ ice„ Y i(� 26// rvYv. 1 28.E s �� ✓/� '�'�v C7 /` L:� x� �e�. V- P'Pt:L uw.18., I:;., 30INT - 117_ -_121 -01.00 11) 7 CO:SC•L T_D=i ?`Efu -G JOHN, M.W. P OORLACH, C.P.A., CFPG lom � COUN TY TREASURER - TAX COLLECTOR n 12 Civic Cente,• Plaza, Room G -58 ;.< "fail Entluiries t.o: P.C. Boy 7430, Sa .!n Ana, CA 92702 FO� tseil i cjT,l.°.i it:. c.:.:'.V. Lam., iss_, CCnt -... 4.'. 9270", PLEASE READ THE I;'I!j 0R iAidT OA f - :EV =SS_- Si'{,4_ THOMASSEN, G.^0:-'QE IK THOMASSEN, GEORGE W 15507 ALLVIEW 4R BELT'SVILELE: b-D 20705 J:�iS LEv1�O i ?'i - -- -- - - -)�: AMT DUE 5JI3. 7,.. - -...:._ ------- .....:... _.:):,•i. -� aSTC LEVY RAT .1 Y?- RAT 12/10/03 � 949—.3 4 f3EW -'MESA U -00 D/S 0 11.60 °YEW -MESA U -00 BND 0 :,rTa 6.37 .�ITETRO W TER D- EITMOC 54.35 5.79 `C.ST CCD 2002 BD 0 1 .48 .j ?L _,_SL MT USER FEES 1J'n `"ECTOR CONTROL CHG I 1.92 'I';= WA ER STDBY CHIC 11.60 597.50 'I:C3D S -,:E_R USER F= 100.00 1ST INBT. - -- -- - - -)�: AMT DUE 5JI3. 7,.. _.._... .. _.:):,•i. -� ACC PENALT':.'.'_ 12/10/03 eA r.'_ /y,; C i'r: La' -. . '- AFTER :,rTa ✓: /1_ 54.35 1C'-::. 5:: 1UC..r i 1056 u,. 1J'n .LU.06 IOSi 10.O.i 597.50 C; ; .9u -' _'_. r_ t c5Un.� MISCELIANEOUS DATA BELCYN I I DESCRIPRON ASSESSED V '- J=— ._._.__.__ N TR 3004 BLIC LOT 7 UN Lsnd 37162 Ill: ", >fCVVf1:e1:IJ -,ll�=5 C ^'�'�Z ` DIM LllpfOVQ!IIP.f1:5 - O1hPf FG:SGOGI Fr.Pi Rv olhcr Per::. prepay it lventoI, TAY. YR 2003 -0S = rFnor; _ --- *NO FEE 01- 20_0,_, -------------------------- ............ .. ............................... ... ............................ :'... .... ..... .. .. ... . TAX A.MOUIIT lOB7.10 ..... ........................... 1 PARCEL NU AfBEM 1- .. ......, 117 - 421 -01.00 07 -045 2mEp QRANGE.�OLI`AT`f ��R ER T 1' TAX BILL JOINT CONSOLIDATED ) -- ASSESSEE: 1IaC3�'ASSc. G:".(i' �E FAYMENTS M1:'JST BE RECE1VEG P,'i h.EV P A DF! POSTMARKED BY CELINOUENT DAT PAY THIS AMOUNT PAY THIS AMOUNT PAYMENTS WITH LATE POETMAR;;S WILL INCUR PENALTY. AFTER OP' 0e BEFORE 04/12/04 i.- :: /12 /O,. OUR C.w.CELLEp CHECK:.", iDU=R RECEIPT' DE. :NOUE.:. ScC, ,.., � 607.90 i . ----- h.. PAID BEFORE YOU CAN PaY .!'1` Ur.7S..00. C: >. G:1Vr.p21�'iL� 1:_TL':::1T4IS .STUB C:: !i'dSTALLPAENS U1117g21a 1000] B62U0�[] 2[] 412UWE00[ iB5�1755ELaCU4GGL 't:.iu6C ?�C'�ir,iL�uE 'E�B!'�00007 -------------------------------------- ...................... .................... . - ..._ ....-------- ------- -- ---....._. .................... ................................... PARCEL NUM9ER � TRH 1 UE'kCM1 RE f�LE rU -- ' 1_17- 421- 01.__0.007 =0.n5 .. � �rR..:;cECw:D -r Tax aal.F.uo:r ORANGE COUNTY PROPERTY TAX BILL ( JOINT CONSOLIDATED ) ASSESSES: THOMASSEN, GEORGE t'. „,,AFNTA FAUST UE RECEIVED BY 5:W RM Ok POSTMARKED BY DELINQUENT CAT PAY THIS AIMOUP`I' =1_'-✓ Pills a"tOLt.=-' °r uEiNS VJIIN L.:TE'C,ST: \fagr.S WILL INCUR PENALTI'. s';FTEF, O-Y O_'. :._:TAO BY 04/12/04 1 03 YOUR CFNCELLED CHECK IS YOUR RECEIPT FLINQUENT FIRST I -_ FIRST INSTALLMENT PA',, TOTAL DUG. RETURN 97 90 5. L� '- - LL _ 543.55 :..1.::, �1'J:IH : "fMT OF: i:ETURN T'aIS ST U ,, V:: !: YOU CR-i? ,aAt. AT I'z ?�'i.00. CZ,. C0�7 %TREAS uT 1:141,_ -'5 Oi,i,17 421, ti11]' �t"' ;t'S'!;c1:iY�S`�'�a`.��- .UU�Di: U: u9]54355DU3D4S LSDD�31U 597RDDDDDDa'L�DDDDDtIDDD1 2 3 4 J f 24 B� 1; 21 21 2` 2. 2z 2! 2( 2,, 2f Dr. I'lmer and .ioar'l ThGmF'Ss n 1918 i_Xov_..e' Drive Nei::.,ort Telephone: 949 - 5466 -5194 Email: el«<ertho@hotrnais.com CODE COURT i CITY Of JGIC.'!' CGTIC__ 17. - -- ' THE 1 NEWPORT LEACH CITY COUNCIL V Dr. Elmer and Joan TI-Mmassen, r''LiCr.:,RATM4 31' -)ohn George I>>_ Thc_nassen -roving ?ROv' OF NOTICE OF APP_ ,'_ .`'ORE ='?, 2004 I, John _.ze - re'r._ personally served the Thomassen raOTICr, , >'D the NOTICE OP APPEAL WITH SUPPORTING PAPERS ON THE OUTSIDE OF THE DOOR OT 1`:i? CT' ^'L OF NEWPORT BEACH Ci.t:1 Ball at 3300 Newport Blvd well ., _`ore :.irni.g =_t or January 20, 200,1_, Undo' penalty c' ?e':ju -Y, I declare the above statements to be tr�'_ie acid c: rr ec tasen on my persOna! Execrted at Pdse7port Beach, Ca.i.tf::_: iia, this 20th: day of January, On r. i / Z c' i- "iL,.,?D: ._ t ✓U,L" %�/ ' is �LG 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 13 19' 211 27 28 Elmer -H. and Joan Thomassen 1918 Dover Drive „REC Newport Beach, California 92660 Defendants without the assistance of council PRiNITEV' g;elP -phone'. °449 646 -5194 mail: elmertho @hotmail.com IN THE COURT- =FOR THE MUNICIPAL y•'D Pei CODE OF THE CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH ) RENEWED MOTION AND REQUEST FOR V. Plaintiffs, A CONTINUANCF OF THE PUBLICHEARING ,ON THE THOMA9ggN" APPEAL OF ELMER H. THOMASSEN ) THE ORDER DECLAhiNG THE THOMASSEN AND JOAN THOMASSEN, PROPERTY A NUISANCE AND ORDERING THE Defendants )PROPERTY BE ABATED Appeal No. to be assigned Elmer -H. Thomassen, M. D., hereby submits a RENEWED MOTION AND REQUEST THAT THE PUBLIC HEARING scheduled for February 10, 2004, relative to the order declaring the Thomassen property located o �`'D bove'r Drive, Newport Beach, a nuisance and ai DRDER ABATING_THE SAID PROPERTY, BE CONTINUED FOR AT LEAST FORTY -FIVE DAYS OR UNTIL THE Christian people helpinc to Dring the property up to code have finished or completed -he rehabilitation project. Page 1 1 2 3 4 5 6 7 g 9 10 11, 12I 13 14 15 16 17 13 19 20 21 22: °3 L I 241 251 26 27 2s BASIS FOR THE MOTION AND REQUEST The:&ene4wed Motion and Request for a continuance are based the Motion and Requey'st papers herein, the previous ers and exhibits oh -:file herein,ank ..)ral statements made or be made at the time of the public hearing or before, either telephone or internet{ as well as all the information submit- Ited in the verified declaration of Elmer -H. Thomassen, M. D., (accompanying the motion and request and attached hereto. REspectfully submitted, Elmer -H. Thomassen, M. D. Without the assistance of counsel DATED: February 9, 2004 Page 2 DECLARATION OF Elmer -H. Thomassen, M.D., IN SUPPORT OF THE RENEWED'MOTION FOR A STIPULATION CONTINUING THE PUBLIC HEARING CURRENTLY SCHEDULED ;0fl FEBRUARY 10, 2004 I, Elmer -H. Thomassen, M. D., hereby declare as fo'lows: I I am one of the defendants,in the pending appeal of the case of the City of Newport Beach (California) V. Dr. Elmer and Joan Thomassen And scheduled to be heard before the Newport Beach City Council on Febr._ 10, 2004. II The planned action by the City of Newport Beach to abate the Thomassen property is not an emergency. III I have a problem and I need the help of the Newport Bee.ch officials to solve the_rroblem. IV I need the help of the Newport Beach officials to be in compliance with the municipal code of the City of Newport Beach. a am 83 +_ars cf age, as of a few minutes past :nidnight U-his morning. VI have prcgr =ssive lymphoma. (See letters from my M.D., t- =ti:g _ sician, W. Douglas Brodie %Remo, Nevada, and the lymphoma consultant, Helmy Guirpus, M. D., San Clementa, California Declaration Page 1 -,. '�.t`.I.L'.�Q`��t!I�7�'L��_d��� k #�. : %:L:'3'•: ... ,t :: 1.':.. ._ ":s3�'; �x<S}.' ..:.�. �." .. .. ... �� � . -.. J.. VII The sander is metastisized to my lungs. �fj000 The officials of the City of Newport Beach can help me with the cancer problem by decreasing the amount of stress being placed on Dr. Thomassen in the present difficult situation. IX A group of Christian neighbors has.. volunteered to help the Thomassens comply with the Municippl Code of the City of Newport BEach by starting the first weekend in March, 2004, to comply with the Code by doing Whatever . "'i2-:7 neeessar`y`- toaelean up the front yard, trim the trees, paint the house, and many b improvements needed to comply with the Code. Z" X The help I need from the officials of the Cit¢yoffNewport I BEach.^is'to continue the hearing before the City Council,, thus allowing timefcfor'--tte good Christian neighbors to complete theer tasks on the Thomassen property already scheduled I o begin the first weekend in March, ;2004. IN XI I have made numerous requests for a continuance to allow time for the Bhristian neighbors to complete *_heir tasks of ._and bring the -- homassen Yrcra_rty up to code. Declaration Page 2 XI I propose the above in spirit of cooperation and in an effor to resolve the differences between us. XII If you insist on proceeding with the hearing now scheduled for February 10, 2004, I hereby interpose an objection. XIII THE ENTIRE PROCESS IS ILLEGAL AND NCONSTITUTIONAL. XIV First,it is a denial of due process under -the constitution of the State of California and under the constitution of the United States of America. The entire process is initiated by an enforcement officer who is an amployee of a party to the action, the hearing is conducted by a party to the action, and the appeal is conducted by a party to the action. In common parlance, we have being conducted here a "kangarroo court." XV Secondly, the remedy in the process heein is to enter the Thomassens' land. Such entry is a trespass in violation of both criminal and civil laws. (If we were in Texas, I could shoot to kill any trespasser, and it would be completely defensible.) qWe are not in Texas, of course.) No one is en- titled to enter the KT Thomassen property without my written permission absent a court order. If the City of Newport Beach Declaration Page 3 does seek a Court Order, no hearing could be held or take place sooner than 30 days. Thirty days approximates the forty -five days that I am asking for in order to corret the problems and thus avoid any additional and unnecessary difficulties between the City of Newport BEach and the Thomassens. XVI Thirdly, the process herein is a violation of the double- jeopardy clauses of the Constitution of the State of California and the Constitution of the United States of .Aerica. My wife, Joan, and I were cited for this violation and posted and for- feited bail for the same allegations as are the subject of the hearing tomorrow. KT The propsed action by the City of Newport Beach in the process herein, namely, entaring my lands and assessing my prbperty, amounts to a second penalty for the same alleged violation and is, therefore, unconstitu- tional and illegal The City of Newport Beach made its choice and is npw stuck with it. XVII Among the remedies available ._e the Thomassens is the the filing of an injunction, to proceed in an action for tres- pass, or even a 1983 or RICO action in federal court should you enter my land absent a court order. The officials of the City of Newport Beach are hereby put on notice that I Declaration Page 4 any entry under the Municipal Code of the City of Newport is illegal. The City of Newport Beach is furfher put on notice that I wil_seek a court order declaring this code illegal and unenforceable, In a RICO or any other action, the City of Newport Beach and all individual members of the C- 7piracy would be named as parties. I hope matters do not come to this: CONCLUSION My purpose in submitting the RENEWED'MOTION AND RE- quest for a continuance is an effort Lt reconciliation. I fully intend to cooperate with the City of Newport BEach and bring the property up to code. Becasue of my age and progres- sive cancer,I .TEED HELP I am merely asking for time to let the good people who have offered to help the opportunity to do so. Further, I need a significant reduction in my stress load in order to survive the current episode. UNDER PENALTY OF PERJURY, I DECLARE THE ABO`.-_ STATEMENTS -'O BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE $_141D: TO 13E BASED ON MY PERSONAL KNOWLEDGE (except where I indicated future eventualities, in which case the information is based on extensive research). EXECUTED AT NEWPORT BEACH, CALIFORNIA, THIS 9TH DAY OF FEBRUARY, 2004. Re � ]may u mi ed, VKC �" / Elmer -H. Thomassen, M. D. Without the assistance of counsel Witness to signature: V I C � �P zt Dr. Elmer and Joan Thomassen 1918 Dover Drive Newport Beach, CA 92660 RE: APPEAL HEARING Dr. & Mrs. Thomassen: CA % Tj C484� CITY OF NEWPORT BEACH OFFICE OF THE CITE' CLERK LaVonne M. Harkless, CMC January 29, 2004 HAND DELIVERED U.S. FIRST CLASS MAIL U.S. CERTIFIED MAIL - RETURN RECEIPT REQUESTED Please be advised that on Tuesday, February 10, 2004 at 7:00 p.m. in the City Council Chambers, located at 3300 Newport Boulevard, Newport Beach, California, the City Council, at its regularly scheduled meeting, will hear and decide your appeal of the determination that the property at 1918 Dover Drive, Newport Beach, California, is a public nuisance and the order of abatement. This is a Public Hearing and you may present in person information you wish the City Council to consider in deciding the appeal. If you wish to submit written materials to them ;please have that information to my office by noon on Tuesday, February 3, 2004, so that I will have sufficient time to copy it and have it distributed to them as part of the materials they are normally provided. If you choose to bring materials to the hearing please bring fifteen (15) copies so it may be distributed to them at the hearing for possible consideration. Sincerely, 1 LaVonne M. Harkless, CMC City Clerk cc: Daniel K. Ohl, City Attorney's Office Jim Sinasek, Code and Water Quality Enforcement Homer Bludau, City Manager 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www. city. newport-beach. ca. us 1 2 3 4 5 6 7 8 9 10 11 IiPI 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL IN RE: DR. ELMER AND JOAN THOMASSEN 1918 DOVER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 APPEAL HEARING LETTER 1. I declare that I am a citizen of the United States, that I am employed by the City of Newport Beach, that I am over 18 years old, that my business address is 3300 Newport Blvd., Newport Beach, California and that I am not a party to the within action. 2. 1 served the within: APPEAL HEARING LETTER on the person(s) named below by enclosing a true copy thereof in a sealed envelope addressed as shown below AND placing said envelope(s) for collection and mailing on the date and at the place shown in item 3 following our ordinary business practices. I am readily familiar with this business' practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 3. a. DATE OF DEPOSIT: Januaryy�, 2004 b. PLACE OF DEPOSIT: NewporMetich, California I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED on this January`, 2004, at Newport Beach, California. Signat CYNTHI POOLE Cit of port Beach Dr. Elmer and Joan Thomassen 1918 Dover Drive Newport Beach, CA 92660 F:\cat\shared\pleadings\Thomassen\CPproof.doc 1'l-__L _i Imo_._.:__ -- - I- U�d Lei I Ili tack: IVI J1VV 117 391 17 117 391 18 117 391 19 Diana Lp Lane Michael Wedemeyer Mark & Jennifer Ensminger 2021 Diana Ln 2015 Diana Ln 2007 Diana Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117 391 20 117 393 12 117 393 13 F Richard Nichol Robert & Buffilyn Hendrix Rhett Cameron Tucker 14 Cypress Ln 2012 Diana Ln 2006 Diana Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117 393 14 117 401 06 117 401 07 Carroll Anthony Allan Bell Jr. Lynn Taylor Tr Brown 2000 Diana Ln Heidi Hoelscher Bell 1406 Vivian Ln Newport Beach, CA 92660 1400 Vivian Ln Newport Beach, (-:A 92660 Newport Beach, CA 92660 117 401 08 117 401 09 117 402 09 Gary Fishel & Deborah Fishel John Tr Gustafson Bergman 1412 Vivian Ln 1418 Vivian Ln 2001 Deborah Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117 402 10 117 402 11 117 402 12 Guenter Tr Guthoff Charles Crookall Todd & Jeanine Bashore 2007 Deborah Ln 2015 Deborah Ln 2021 Deborah Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117 402 13 117 421 06 117 421 07 Robert Fleming & Linda Fleming Lance Tr Gilbertson William Wolfe & Barbara Wolfe 2027 Deborah Ln 1806 Dover Dr 1800 Dover Dr Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117 423 01 425 051 07 425 051 08 Thomas Tr Johnson Ernest Tr Braucher Murray Lian 1718 Dover Dr 1333 Sussex Ln 1337 Sussex Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 425 051 09 425 051 10 425 051 11 Khalil Jaber Jr. & Rondilye Jaber Paul Gaeckler Jr. Sara Kummerfeldt 1341 Sussex Ln 1345 Sussex Ln 1349 Sussex Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 425 051 12 425 051 13 425 051 16 David Tr Beegan Bruce Lindsay Thomas & Skye Ruggieri 1352 Sussex Ln PO Box 1575 1815 Mariners Dr Newport Beach, CA 92660 Newport Beach, CA 92659 Newport Beach, CA 92660 425 051 17 425 051 18 425 051 19 Donald Tr Webb Jr. Harold & Jean Schwennesen Robert Tr Nichols 1821 Mariners Dr 1827 Mariners Dr 1901 Mariners Dr Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 c Address Labels Lasez :)ii:uuin reeu 5neets -, Use template 101' 5160`°' 117 393 15 117 393 16 117 394 01 Kathryn Fletcher Kalanz Thomas Johnson Herbert Tr Thompson 1930 Diana Ln 1924 Diana Ln 1927 Diana Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117 401 01 117 401 02 117 401 03 Lisa Rubenstein John Tr Crites Nancy Tr Green 1918 Diana Ln 1915 Diana Ln 1909 Diana Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117 401 04 117 401 05 117 402 01 Christopher Braun Roger Tr Etherington Lisa Sommer 1905 Diana Ln 2700 Newport Blvd #222 1918 Diana Ln Newport Beach, CA 92660 Newport Beach, CA 92663 Newport Beach, CA 92660 117 402 02 117 402 03 117 402 04 Jeri Easterday Drew Emmel Gloria Kamph 7211/2 Narcissus Ave 1906 Diana Ln 1900 Diana Ln Corona Del Mar, CA 92625 Newport Beach, CA 92660 Newport Beach, CA 92660 117 402 05 117 402 06 117 402 07 Elaine 'Ir Maguire Mary Tr Pearson William Tr Glendinning 1901 Deborah Ln 1907 Deborah Ln 1915 Deborah Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117402 08 117 403 12 117 403 13 Andre Peschong & Desiree Peschong Anne Tr Weigand Walter Bell 1921 Deborah Ln 1918 Deborah Ln 1912 Deborah Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117 403 14 117 403 15 117 411 15 Rolland Hendrickson Thomas Tr Damiani Bart Rogers Catherin Hendrickson 1900 Deborah Ln 1542 Vivian Ln 1906 Deborah Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newpon Beach, CA 92660 117 411 16 117 411 17 117 411 18 Carolyn Miller Tr Dickey Eric Pieter D'ablaing Steven Himel & Cathleen Himel Carole Fami Dickey 1530 Vivian Ln 1524 Vivian Ln 1536 Vivian Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 117 421 01 117 421 02 117 421 03 George Thomassen Stanley Abe Andrew Tr Couch 15507 Allview Dr 1908 Dover Dr PO Box 8648 Beltsville, MD 20705 Newport Beach, CA 92660 Newport Beach, CA 92658 117 421 04 117 421 08 117 421 09 Winter Jeffrey P & Winter Jeffrey Laird Tr Hayes Thomas Butler 1900 Dover Dr 2507 Holly Ln 1624 Mariners Dr Newport Beach, CA 92660 Newport Beach, CA 92663 Newport Beach, CA 92660 a "-! YG address Labels Laser 5lbiit`' �)inooc;i reeci Sheets"°' 425 052 06 Brown Benjamin 1333 Sussex Ln Newport Beach, CA 92660 425 052 09 Daniel E Gilcrest 1358 Sussex Lane Newport Beach, CA 92660 r \:`,%'n-'=;w ' Address Labels 425 052 07 Hubert Pickup 1344 Sussex Ln Newport Beach, CA 92660 Use template for 5160X' 425 052 0s David Sanford S Silvia Sanford 1350 Sussex Ln Newport Beach, CA 92660 LiaSer ��lw�'' 425 051 14 Scott & Deborah Smith 1801 Mariners Dr Newport Beach, CA 92660 425 051 19 Robert Tr Nichols 1901 Mariners Dr Newport Bea , A 92660 ;V;tjy�t !; .I Uj u;. L'lihti a} 3511 425 051 15 Gary & Joyce Uchino 1807 Mariners Dr Newport Beach, CA 92660 slagej ssaippV \y/:i 425 051 18 Harold & Jean Schwennesen 1827 Mariners Dr Newport Beach, CA 92660 099Z() sagltodmaN IG siauliuAT 1031 /glauS geiogaG y noaS bl ISO SZb VI,_s1�)3gS paaj glouurS ')muoir reea `yneets -, 117 421 10 Matt & Kara Kipp 1618 Mariners Dr Newport Beach, CA 92660 117423 03 Kevin Dutcher & Robin Paladino 1393 Midvale Ave Los Angeles, CA 90024 117 423 06 Christopher Martin 1607 Mariners Dr Newpoil Beach, CA 92660 lI I rLiY Yom._ Address Labels 117 421 11 Hurst 1612 Mariners Dr Newport Beach, CA 92660 117 423 04 James Tr Mccunniff 1621 Mariners Dr Newport Beach, CA 92660 Use template for S16o O 117 421 12 Mary Doyle 1606 Mariners Dr Newport Beach, CA 92660 117 423 05 Vincent & Cynthia Valdes 1615 Mariners Dr Newport Beach, CA 92660 Laser 516u" JifFUUUH FeeU Slleetsl' °' 117 391 17 117 391 18 Diana L.p Lane Michael Wedemeyer 2021 Diana Ln 2015 Diana Ln Newport Beach, CA 92660 Newport Beach, CA 92660 Use lerriplate for 5160' n :' siti Address Labels Laste ?I' AFFIDAVIT OF POSTING On January 30, 2004, I posted the Notice of Public Hearing regarding: Public Nuisance and Order of Abatement Appeal 1918 Dover Drive Date of Hearing: February 10, 2004 1I2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 23 Dr. Elmer and Joan Thomassen George W. Thomassen 1918 Dover Drive Newport Beach, California 92660 Telephone: 949 - 646 -5194 Email: elmertho @hotmail.com j f tai 'i 2 0 IN THE NEWPORT BEACH MUNICIPAL CODE COURT OF THE STATE OF CALIFORNIA CITY OF NEWPORT BEA ^-H, JOINT NOTICE OF APPEAL TO THE ?laintiffs, ) NEWPORT BEACH CITY COUNCIL V. ) Case Number: Dr. Elmer and Joan Thomassen, ) DECLARATION OF John George W. Thomassen ) ZeSren proving PROOF OF Defendants. ) SERVICE OAF THE THOMASSEN NOTICE OF APPEAL BEFORE MIDNIGHT, January 20, 2004 I, John.Zehren, personally served the Thomassen NOTICE OF APPEAL by taping an envelope containing the NOTICE OF APPEAL WITH SUPPORTING PAPERS ON THE OUTSIDE OF THE DOOR OF THE CITY OF NEWPORT BEACH CitY_Hall at 3300 Newport Blvd well before midnight on January 20, 2004e 14 Under penalty of perjury, I declare the above statements to be true amd cVrrtect and based on my personal knowledr 26 Executed at Newport Beach, California, this 201 27 January, 2004. 28 1 72 ?z� 1v°F :z!;- 1 2 3 4 5 6 7 8 10 11 12 13 1-1 15 16 17 18 10 21' 22 23 24 25 26 27 28 Dr_ Elmer and Joan Thomassen George W_ Thomassen 1918 Dover Drive Newport Beach, California 92660 Telephone: 949 -646 -5194 Email: elmerthoPhotmail_com 7N THE NEWPORT BEACH MUNICIPAL CODE COURT OF THE STATE OF CALIFORNIA CITY OF NEWPORT BEACH, 1 JOINT NOTICE OF APPEAL TO THE °laintiffs, 1 NEWPORT BEACH CITY COUNCIL 1 V 1 Case Number: Dr. Elmer and Joan Thomassen, APPLICATION WITH George W_ Thomassen � AFFIDAVIT FOR WAIVER OF Defendants_ 1 POSSIBLE APPEALS FEE PROOF OF SERVICE I INTRODUCTION NON- WAIVER OF THE CONSTITUTIONAL RIGHT TO ASSISTANCE OF COUNSEL IN A POTENTIALLY CRIMINAL CASE: Dr_ Elmer Thomassen, Joan Thomassen, and George W_ Thomassen hereby are filing a NuLCE OF' APPEAL. Lu their own person without beibg presented by an att -r/ ney as specified by the current Municipal Code of the City of Newport Beach, California, Dr_ Elmer, Joan, and Georges ea-h and individually reserves the constitutional right to have turnished the assistance of counsel in this potentially criminal case. Paqe 1 i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 ss JURISDICTION 3 TIMELINESS OF NOTICE OF APPEAL: Although the constitu- i tionality of the Municipal P Code of the City of Newport Beach, > California, is being challenged by the Thomassens (See Below) for the purpose of removing any doubt as to the timeliness of the NOTICE OF APPEAL, the papers herein are being filed today, January 20, 2004. (The papers served on the Thomassens purport the NOTICE OF APPEAL date starts on January "7, 2004; however, no ENTRY OF JUDGMENT date, as required in mos/dt courts of the United States of America, is furni --shed c or available to the Thomassens at this time.) IIa DESCRIPTION OF THE PROPERTY The Thomassen property is a two -story wood houe with an attached double garage on a lot owned by the Thomassens. The address is commonly known as 1918 Dover Drive, Newport Beach, California 92660. (A legal description is easily available and is planned to be furnished as a supporting document is required, along with other supplemental information and documents , if necessary on approval by separate motion. Page 2 25 27 28. Page 2 J. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28. III FUNDAMENTAL ISSUES A. Whether the Municipal Code of the City of Newport Beach, California, is authorized under the Constitution of the United States of America, and, if not, is it therefore unconstitutional? (See discussion and supporting documents below.) B. Whether there is a conflict of interest in the conduct of the proceedings in the public hearing on 2003, including the preliminary papers and documents, as well as the subsequent papers in existence to and including January 7, 2004. (Both the judiciary. -and the hearing officer, namely, Richard Murphey, are appointed and hired by plaintiff involved herein.) C. Whether there is double jeopardy in the proceedings herein since the Thomassens were tried without: an opportujity to be present, Joan Thomassen is fined $100.00 and she takes cummunity property and pays the fine. (See documents and dis- cussion below.) D. Whether the entire proceedings must be restarted because the present recorded owner is recorded as George W. Thomassen. (See copy of recording to be obtained from the Orange County Recorder's Office, Santa Ana, Calilfornia.) (See Supporting Exhibit No. 1 included herewith and entitled: ORANGE COUNTY PROPERTY TAX BILL. The tax bill is is made out to the present owner of record, namely: GEORGE W. THOMASSEN. Said bill gives clear cut proof that George W. Thomassen is the present owneZs of record and documented in the Orange County Recorder's Office.) Page 3 2 E. Whether there is clearly a conflict of interest 3 demonstrated in the public hearing because the hearing officer, 4 Richard Murphey,is employed by the Ciy of Newport Beach, one of 5 the parties to the action, and yet he acts as the judiciary- - 6 thus becoming both prosecutor and judge. 7 E. Whether:- Attorney °Richard Murphey is bonded as required 8 by law. 9 G. Whether Attorney Richard Murphy has the bond insured 10 to protect the City of Newport Beach in case of liability 11 caused by any of the employe�RSof the City of Newport Beach. 12 H. Whether Attorney Richard Muryphey is required to 13 furnish the name of the insurance company that insures the bond 14 required by law. (See the public hearing where Dr. Thomassen 15 asked Mr. Murphey for bond information and no answer is 16 shown in the transcript to be forthcoming.? 17 I.Whether the City Manager is required to be bonded and 18 have insurance to cover any unexpected liability onti;e part 19 20 of the City or for any damages caused by the employees of the 21 City of Newport Beach. 22 J. Whehther the City of Newport Beach becomes liable for 23 approving a flat roof and subsequent damages from leaking 24 because leaks in the flat roof become impossible to prevent+ 25 (A flat rood becomes approved by the City of Newport BEach 26 in about 1960 when the addition to the Thomassen home is 27 approved. Again in about 2001, when Joan Thomassen spends most 28. of her life savings to have a new roc done. The flat roof is Page No.( 1 again approved by the City of Newport Beach. After several 2 attempts at repairing the many leaks, the roof still leaks and 3 4 is causing additional damage to the Thomassens' home.) 5 K. Whether the City of Newport Beach is liable under the 6 Americans with Disabilities Act for the stress put on both 7 Joan Thomnassen (Joan is on four medicateions for high blood 8 pressure.) and Dr. Elmer Thomassen for the well accepted 9 cause of cancer, namely stress.. Stress as a cause of cancer 10 is supported by years of investigations in the medical litAerature 11 and is repeatedly emphasized by both W. Douglas Brodie, M. D., 12 Dr. Thomassens treating phhysician, and Helmey Guirpas, M,D., 13 the consulting oncologist.) 14 L. Whether the City of Newport Beach is aggrai��,- i.a %',. 15 Dr. Thomassen's malignant lymphoma by proceeding.--,.with the 16 public meeting before Dr. `a'hemassen -could be present. Then 17 Dr. Thomassen receives a transcript that is so tiny in the 18 print that Dr. Thomassen cannot read it even with magnification. 19 M. Whether it is reasonable for the City of Newputt�tsa_dch 20 to proceed into an order to make a nuisance of the Thomassen ?1 property and abatement. (Abatement is defined in Websters 22 from the International Disctonary, Third Edition and derived 23 24 French word meaning to dispose of or destroy.1 r 25 26 27 I-C 2& Gg k Page No. `4� � � 21 _c - ✓i i ......... ...... ,,. JOINT 117 -321 -01.00 07 -045 CONSOLIDATED .DRY JOHN M.W. MOORLACH, C.P.A., CFP® 2SK y� COUNTY TREASURER -TAX COLLECTOR ETRO WATER D -MWDOC 12 Civic Center Plaza, Room G -58 oe Mail Inquiries to: P.O. Box 1438, Santa Ana, CA 92702 SPL ASMNT USER FEES Mail Payments to: P.O. Box 1980, Santa Ana, CA 92702 COST: Phone: 714-834-3411 PLEASE READ THE IMPORTANT INFORMATION ON REVERSE SIDE SESSE AS- -- D i0 - - -. ._ ...__ -_. ._......... THOMASSEN, GEORGE W PROPERTY LOCATION 1918 DOVER DR NEWPORT BEACH MAIL TO THOMASSEN, GEORGE W 15507 ALLVIEW DR BELTSVILLE MD 20705 IST INST, 2ND INST. AMT DUE: 543.55 AMT DUE 543 .55 ADD PENALT, ADO PENALT, AFTER. 12/10/03 AS TEii 04/12/04 10 54.35 1046 54.35 10.00 597.90 COST 607.90 MISCELLANEOUS DATA BELOW' N TR 3004 ELK LOT 7 UN TAX YR 2003 -04 - ---F _ NO FEE 01 -..... NETVALDESANDTAXES 94934 1087.10 ...... ............................... .. .... .......... .. .... ....... ....... .... .. ... ..... .. ...................... - PARCEL ryJLlb[h ... 117- 421 - 01.00 (( 07- 04sND ASSESSEE: THO$EIO�ORGE W ERTY TAX BILL THOMAS JOINT CONSOLIDATED PAY THIS AMOUNT L� t� t� w PAY THIS AMOUNT AFTER ON OR BEFORE 04/12/04 04/12/04 DELINQUENT SECOND SECOND INSTALLMENT 607.90 , 543.55 YOU CAN PAY AT WWW.00.CA.GOV /TREAS RETURN THIS STUB WITH 2ND INSTALLMENT PAYMENT TOTAL T AMOUNT AMT. DUE' 1087.10 4 AL104 A00 /12/04 FTEr 6.37 ETRO WATER D -MWDOC 108.70 oe .48 SPL ASMNT USER FEES 10.00 COST: 1205.80 AMOUNTS LEVIED BY TAXING AGENCIES SERVICE 4GENC'i T AMOUNT PASIC LEVY RATE F 949.34 VIEW -MESA U -00 D/S 0 11.60 EW -MESA U -00 BND 0 6.37 ETRO WATER D -MWDOC 5.79 OAST CCD 2002 BD 0 .48 SPL ASMNT USER FEES LECTOR CONTROL CHG 1.92 4WD WATER STDBY CHG 11.60 )CSD SEWER USER FEE 100.00 1.02555000 DESCRIPTION - ASSESSED VALUE TAX AMOUNT Land 37162 Improvements Bmictngs 577 /2 Improvements Other Personal Property - Other Pers. P,Ope NV Inverhwy 'VALUE SUBTOTALS LESS' HOMEOWNERS EXEMPTION rTNER EXEMPTION PAYMENTS MUST BE RECEIVED BY 5:00 P.M OR POSTMARKED BY DELINQUENT DATI PAYMENTS WITH LATE POSTMARKS WILL INCUR PENALTY YOUR CANCELLED CHECK IS YOUR RECEIPT SEc'_W,D INSTALLMENT ,:L :+%! 61- ".41D BEFORE ,c' iH. INSTALLMENT 0111742101000062003020412040000054355063004000006079000000000000000007 -------------- :. .................. ........ TRA PARCEL NUtdBER - -- - - -- DETACH HERE :,iAnL .,nil n 1A,AbLC U �� lncPE wI:, GE�33D0 GEE rOF EgCY CrvEiK HErViirvcll uY'r�: nW.. ��...:. i:l :.,�... �R.,�JGF ..JlIN1Y iA %COLLEr.ION 1117__423. -01.00 !07 -045 ORANGE COUNTY PROPERTY TAX BILL JOINT CONSOLIDATED ) ASSESSEE: THOMASSEN, GEORGE W PAYMENTS MUST BE RECEIVED BY 5:00 PM OR POSTMARKED By DELINQUENT DATI PAY THIS AMOUNT PAY THIS AMOUNT PAYMENTS WITH LATE POSTMARKS WILL INCUR PENALTY AFTER ON OR BEFORE BY 04/12/04 12/lU/03 12Z10/03 YOUR CANCELLED CHECK IS YOUR RECEIPT ELINOUENT FIRST , 1 FIRST INSTALLMENT R A'r TCT-AL DUE. RETURN 597 .90 - 543 .55 'd H ; %vMT OF. YOU CAN PAY AT WWW.00.CA.GOV TREAS RETURN THIS STUB WITH / 7 ST INSTALLMENT PAYMENT 1141.45 ni. -%. 3.7 u:i3. n3. nnnnt-;, nn-in i.i.75i.nnaers',nneecLL unnnn eazannnnnnnn nnnnnnnnz