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
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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
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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
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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.
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, 2003
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NOV 2 4 2003
CODE AND WATER
QUALITY ENFORCEMENT
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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
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Attention:
Code and Water Quality
Enforcement Manager
Dear Sir:
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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
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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
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IECEIVED
NOV Z 3 2403
CODE AND WATER
QUALITY ENFORCEMENT
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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
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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
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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.
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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
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-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
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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
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.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
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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
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11 de\ple2dfngvnomasse\de Duda
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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.
•
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•
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
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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. (19 photos taken October 24, 2003)
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PROOF OF SERVICE BY MAIL
(CCP§ 1013A, 2105.5)
IN RE: Mr. Elmer & Joan Thomassen
1918 Dover Drive, Newport Beach, California, 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: SECOND NOTICE TO CORRECT CODE VIOLATIONS
AND 19 PHOTOS TAKEN 10 -24 -03 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. 1
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: 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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EXHIBIT C
ORIGINAL
PUBLIC NUISANCE HEARING
RE: 1918 DOVER DRIVE
DR. ELMER and JOAN THOMASSEN
REPORTER'S TRANSCRIPT OF PROCEEDINGS
BEFORE THE HEARING OFFICER RICHARD J. MURPHEY
MONDAY, NOVEMBER 24, 2003
APPEARANCES:
FOR THE CITY: DANIEL K. 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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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,
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"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
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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?
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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.
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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.
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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
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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. . .
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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
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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
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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
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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.
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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.
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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 --
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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 --
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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
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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.
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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.
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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
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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 --
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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;
•
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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
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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
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DEC -09 -2031 1036 OFFICE OF THE CITY RTTY 949644.1139 P.02/02
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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
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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
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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-
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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
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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
•
•
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3
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13.
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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
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3
4
5
7
8
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13
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15
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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
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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
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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
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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
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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.
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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
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p
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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have insurance to cover any unexpected liability onti;e part
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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
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24 French word meaning to dispose of or destroy.1 r
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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