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Links| Lowell Webb’s Dilemma |
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| Written by Noel Smith | ||||||||||||||||||||||||||||||||
| Sunday, 01 August 2010 00:00 | ||||||||||||||||||||||||||||||||
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Entanglement with county costing big bucks Capitola Soquel Times: August 2010
The problems that Webb has had with Santa Cruz County have resulted in a judgment against him in the amount of $29,866.81 to be paid by the end of this July. The penalty levied by Judge Almquist amounts to $6,250 plus court costs of $52.50. The County added the balance of the judgment - $23,564.31 - includes $7, 076.81 for “code enforcement costs” and $16,487.50 for “attorney’s fees” levied for the county’s diligence in enforcing county codes. The suit by the county alleged that Webb had (1), “unlawfully installed a mobile office/steel storage unit,” (2) “performed construction and performed major remodeling of an existing cabin including a roof, additions and foundation.” It also alleged that Webb had (3) “maintained or parked or used a brown mobile home and maintained connection to utilities without a permit.” At 74 years of age, Webb comes from another generation. This was when what someone did on his property “stayed on his property” and when agreements made between parties in a dispute could be depended upon to be kept. Over the years, several small homes had been built on the Webb’s land by his grandfather, father and him for family members and friends along with storage buildings and equipment sheds. Age has taken its toll and a number of these buildings needed repairs or became unusable. Then one day the county came onto his land and found ten code violations. Since then, there has been a long process between Webb and the county. Most of the code violations have been cleared by him to satisfy the county including moving a number of old unusable cars and farm equipment off the property. According to Webb, just when he and the county had seemed to come to a satisfactory agreement on the county’s code violation “punch list,” the county would reject the agreement and they would start over. At these informal negotiations Webb was told not to bring an attorney, even though an attorney for the county was present, and that he would not need one as the county would not be preparing a formal case before going to court for the final settlement. On April 15 2010, a final “informal” meeting was held with the county at which Webb, former planning department employee Claire Machado who was advising Webb and the county representatives came to an agreement. According to Machado, the agreement was that Webb would get permits for changes to the original family house, which dated back to the 1890’s, and in return, the county would drop all other issues. Machado said that a planning department inspection of the house to determine what permits would be needed, which was part of the agreement, was made by the county on May 3, just seven days before the court date. Thinking that he had an agreement with the county, Webb didn’t attend the court hearing on May 12, 2010 or have anyone there representing him. Imagine their surprise when, according to both Webb and Machado, they found out that the county had not presented the April 15 agreement to the court, but had gone ahead with the original suit and also included $16,487.50 for attorney’s fees and $7,076.81 for code enforcement costs in addition to the penalty. How this story of old values versus new regulations will end is unknown. Will Webb be able to appeal? The Board of Supervisors is now the Building Appeals Board after having disbanded the one the Supervisors had appointed because the Appeals Board had started to question the actions of the County Planning Department. Will he have to sue? That seems to be the only (very lengthy and very expensive) recourse if you live in Santa Cruz County – and what are the chances of a local court ruling against the County? At the age of 74, Lowell Webb may not even see the end of this. But the county is almost eternal: It can outwait anyone and get what it wants in the end with its (actually, your) deep pockets, unrelenting bureaucratic persistence, taxpayer paid lawyers and the continued compliance of the courts. •••
Contact Lowell Webb at Webb’s Farm Supplies 5381 Old San Jose Rd Soquel, CA. Phone: 831-475-1020
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Lowell Webb owns Webb’s Farm Supplies at 5381 Old San Jose Road. The business has been operating since the 1940’s and the family has owned the property since the 1880’s. Webb still has 40-acres on which he has his farm equipment business and also farms vegetables that he sells at the Aptos Farmer’s Market.Login
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