HomeMy WebLinkAboutMINUTES - 12071993 - 1.17 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: December 7, 1993
SUBJECT: Authorize Legal Action Against Scott and Lisa Ehlert to Remove Road Encroachment,
Discovery Bay Area
06724U2703)
)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
AUTHORIZE County Counsel to institute legal action against Scott and Lisa Ehlert to compel the
removal of a fence encroaching into the County road right of way, to recover costs and collect
penalties pursuant to Section 1484 of the Streets and Highways Code of the State of California.
11. Financial Impact
The action of removing the encroachment will include the recovery of all costs and the collection
of penalties.
III. Reasons for Recommendations and Background:
Last January Scott and Lisa Ehlert of 2401 Santa Cruz Court in Byron (APN 008-501-010) were
notified that their side yard fence encroached into the Cove Lane right of way. In accordance
with Division 1002 of the County's Ordinance Code, it is unlawful to construct or place an
encroachment within the County's road right of way without obtaining a written permit. .
Since subsequent notices to remove the fence were ignored, a "Final Notice" was posted on the
Ehlert property in accordance with Section 1482 of the California Streets and Highways Code.
The notice explained that if the encroachment is not removed, the County's Road Maintenance
Division was going to remove the fence at their expense. When the County's crew attempted
to abate the encroachment on July 21, 1993, they were met by Mr. Ehlert who refused to allow
our crew to remove the fence from the road right of way. In accordance with Section 1484 of
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON DEC 7 1993 APPROVED AS RECOMMENDED OTHER _
VOTE F SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is•e mo and correct copy of
an action taken and entered on the minutes of the
SM:pc Board of Supervisors on the date shown.
c:B07.tl2 ATTESTED: ..DEC 7 1993
PHIL BATCHELOR,Cierk of the Board
Contact: Stan Matsumoto (313-7006) of Supervisors andCo my Administrator
Orig. Div: Public Works (Maintenance)
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Authorize Legal Action Against Scott & Lisa Ehlert
December 7, 1993
Page 2
the Streets and Highways Code, if the owner of the land 'owning or controlling the alleged
encroachment refuses either to remove it or permit its removal, the Road Commissioner shall
commence, in any court of competent jurisdiction, an action in the name of the County to abate
the encroachment as a nuisance."
In. order to have the fence removed from the Cove Lane right of way, it will be necessary for
County Counsel to commence legal action against Scott and Lisa Ehlert. The action will also
seek the recovery of all costs and the collection of penalties, as provided by the Streets and
Highway Code.
IV. Consequences of Negative Action
The encroachment will remain in place.
cc: County Administrator
County Counsel
Public Works Director
P.W. Accounting
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