2008-04-04 TMIRANDA - Laserfiche WebLink

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so it wasn’t done then. However that January inspection was done subsequent to that. So to be perfectly honest with you, I tend to think that we’re going to have to make a decision based on, enforcement is always an issue, but we’re going to have to make a judgment based on whether we believe Mr. Miranda is going to comply in the long run, if he has learned his lesson, or if, you know -. Cause there’s no way the County can continue to go out there week after week and inspect various properties. I guess that’s my comment to that. Would you care to add anything to that, Mr. Yuen? YUEN: Well, we still do recommend that the time extension be granted. We did bring this back to the Commission because we were not getting any action on the final plan approval and the metes and bounds. And we did do it, have the inspectors go out to check the physical compliance with the terms of the permit and found that the vehicles were contained to the one-acre area, that there was a paved area to do the oil changes; and you have a set of photographs of what’s there on the ground. So there are a couple of issues remaining with the driveway. And, again, we would still urge the Commission to grant the time extension. He has submitted the plan approval. We haven’t processed the plan approval simply because the timeframe ran out. So that’s why we’re here. We’re asking the Commission to extend the timeframe on the plan approval. And he has submitted the metes and bounds, and that’s fine; and so he’s pau with that. As far as violations and enforcement, we will route Mr. -, I’m sorry, I forgot your name, but we’ll route the complaint to our enforcement section. Apart from there being a special permit here, this is an agriculturally zoned property. And it’s quite common that in legitimate agricultural operations people will end up having some derelict equipment and end up having some piles of stuff that may be not that attractive, we understand that; and that’s not a violation. At a certain point though it becomes a junkyard in the Zoning Code, and I can’t remember -. There’s a line that you cross and it’s defined in the Zoning Code, and it becomes a junkyard. And we do cite people in residential, and in agricultural areas, for having too much junk, and that’s a fairly common citation; and we do get people then to clean that up. I think that that’s a matter that we ought to handle on an enforcement level, separately from the special permit. It’s a kind of thing that we would handle normally, whether he had a special permit or not, if we had a complaint that somebody has accumulated, was creating a junkyard on their agricultural property. You know, we do have a lot of complaints and currently only two inspectors. But we do get to these and we do occasionally issue citations on that. And so the Commission, my recommendation here is that the Commission will leave that part of the enforcement up to the normal departmental channels and grant the time extension. So if we don’t have the time extension, I don’t know what we’d do -. We’d probably end up bringing this matter back to the Commission for another time extension request, which I don’t think is necessary. SIRACUSA: Well, I would like to consider the testifier’s very comprehensive list of complaints, so that the Department has an official complaint that they can follow up on as far as the, you know, if Mr. Miranda has crossed the line into a junkyard. Whether he’s maintaining it on that one-acre or whether it has spread out beyond that one-acre is, to me, irrelevant. It’s still a junkyard and still violates the spirit, if not the letter, of the conditions. Looking at these th photographs that were taken on January 30, it sure looks like a junkyard to me. I would certainly not take these accusations lightly, considering that we do have some photos that bare it up. EXHIBIT A 19