Thursday, March 17, 2011

Trash v. Garbage

Listen, male sex object, no f'n TLC from us!
We want weed... and we want it NOW!

My attorney tells me the BDG's are howling and barking again, refusing to produce discovery items in the civil lawsuit and, in general, just being their normal horrible, bitchy selves. (Maybe they should smoke more of their head case "medicine"... oops, maybe that's the problem?!)

Before the hearing on April 20th, I'm putting some housecleaning items back on the record to show that the central question in the Motion for Summary Judgment is most definitely ripe for decision.

Here is the letter going out today to the City of Manteca. The letter gathers together an assortment of lies, errors, and ignorances on the parts of Lyin' Lynda Allen, Big Brassey Boobs, and several Catatonic City departments.

(Happy St. Patrick's Day!)
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City of Manteca
Mr. Pinkerton, City Manager
1001 W. Center Street
Manteca, CA 95337

March 17, 2011

Re: Deficiencies at 810 Fishback Street

Dear Mr. Pinkerton,

In February 2010 my neighbors gave up the illegal business use of their property, prompted no doubt by my civil lawsuit against them. The use was abandoned and their claim of legal designation was rescinded by the City of Manteca. (See attachment A, letter of December 15, 2010.) There remain four unresolved points with the owners and the property, three of which are directly tied to this rescinded use, and all of which are under City of Manteca jurisdiction.

1. Restore solid waste collection (Solid Waste & Finance Departments)

Some years prior to June 21, 1996, the owners of 810 Fishback Street ceased paying for refuse pickup, subsequently claimed grandfathered business use, and in 2000 were exempted from the municipal service. The City has lost thousands of dollars. Now that the business use has ceased, as noted above, the property must be restored to the municipal solid waste collection program, as are all other residences in this city. (See attachment B, Case Sheet for MS-34246, filed June 21, 1996.)

I request a copy of the Court’s orders for the exemption from the City’s files, or from the exempted owners. If such orders cannot be produced, then restoration of service is required.

2. Too many animals/dogs/cats (Animal Control & Code Enforcement Departments)

Among my neighbors’ first assertions in 2007 was their claim that their many dogs served to protect their business assets from thieves; specifically, food stored in their several outdoor refrigeration appliances. Even if their business use claim was valid, the Municipal Code still only allows for three dogs/cats on a residential lot.

For eighteen months I have tried to get Animal Control to reduce the dog count on the parcel, from six, to three or less. Animal Control now claims they have referred the complaint to Code Enforcement. (See attachment C, cover letter only, March 3, 2011 to Code Enforcement Department.)

3. Illegal construction still houses former business assets (Building Inspection & Code Enforcement Departments)

In December 2009 I notified the City of Manteca of certain noncompliant structures used in the business on the neighboring property. Deficiencies noted were/are: no permits for the poured concrete foundations; zero setback from the wooden property line fence; wood-destroying water drainage from both the noncompliant structures and the business appliances housed within. Some of the business appliances are now gone, but the noncompliant structures remain. (See attachment D, Request # 329034, December 29, 2009.)

Code Enforcement’s response started with: “Structure was in place at the time the city annexed the property.” That is untrue. The neighbors poured the concrete pads specifically to physically support the weight and vibrations of the various commercial appliances they installed during their “official” - and illegal - business expansion in 1993-94, well after the 1986 annexation. Further enclosure work took place after 2007.

4. Highly irregular building permit for solar electric system (Building Department)

The reputed owners of the photovoltaic system erected under permit 04-143, issued 4/28/04, were Roger and Flora Stewart of 786 Fishback Street. (See attachment E, Application and Inspection Record.) Unfortunately, Roger had died a year earlier, on 4/10/2003, age 87; his wife, Flora, died 10/29/2005, a year after the system’s installation, at age 83.

I am the current owner of 786 Fishback Street. My three questions are:

Why was the project built on a non-owner parcel (222-11-003 instead of 222-11-002)?

How did this 82-year-old woman get suckered into lending her name to her neighbor’s project?

How did the City of Manteca excuse such a lapse, or condone such a fraud, in the permitting process?

I am committed to seeing this property rehabilitation completed, for reasons I have repeatedly relayed to you since my first letter on March 5, 2008 (not attached.) Those reasons are grounded on the rationale stated in this 1954 court opinion, which should be the first commandment of all zoning and enforcement officials:
“Footnotes, note 2. ‘It has always been assumed that non-conforming uses would gradually eliminate themselves from the district in which they exist if they were not permitted to expand. Such has not proven to be the case. They not merely continue to exist, but to send down deeper roots. They become clear monopolies and special privileges. Their existence is a continual threat to the conservation of property values in the districts where they exist. The time has come when cognizance should be taken of this situation and provision made, probably in the state law, whereby non-conforming uses may be gradually eliminated under some equitable method of procedure.’ [Citation]” (emphasis added) [Los Angeles v. Gage, 127 Cal. App. 2d 442 (Cal. App. 1954)]
The above is for legal land uses. Reason dictates that there is need for action, not discussion, because the subject land use is/was noncompliant (illegal) from the outset and, unchecked for twenty-three years, sank several “deeper roots” that need killing.

Sincerely yours,

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Neither the BDG's nor their business, TLC Catering, were ever grandfathered,
so why are they still exempt from city garbage pickup?


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