LAKEPORT – On Tuesday, the Board of Supervisors told the owners of two dilapidated motels on the lakeshore in Lucerne that the properties must be abated or the county will step in and take action.
The two motels, owned by Dominic Affinito, are the Lake Sands Resort, located at 6335 E. Highway 20, and the Lucerne Motel, 6339 E. Highway 20.
Supervisor Denise Rushing asked the board to consider taking some action on the motels, which she said have been identified by the county's redevelopment agency, Lucerne's citizens and herself as a “significant impediment” to revitalizing the lakeshore town.
Rushing said she's been in office nearly two years, and the buildings have been a consistent source of complaints from area residents. She said they're the most complained about buildings in Lucerne.
“I have to ask the question of staff – why haven't we abated them? It seems the codes were designed for problems like this,” Rushing said.
She said her intention in bringing the issue forward was to come away with an action plan which could include strengthening local ordinances.
Deputy Redevelopment Director Eric Seely presented pictures of the buildings he took Monday, which showed the properties to be overgrown with weeds. On the lake side of the buildings, Seely's photographs revealed a collapsed sea wall and sharp metal pilings protruding out of the beach.
A soda machine recently had been found submerged in the lake, and there was onsite storage of floats for a dock system. The beach also was littered with debris and garbage, including an old sofa. Children have been climbing on the pilings, Seely noted.
Rushing pointed out that the buildings dominate the frontage on Highway 20 at the town's entrance. The remedy to her appeared to be abatement – removing the buildings and structures entirely.
She noted that a house near her home in Upper Lake was completely removed by the county. That structure couldn't be seen from the road, but was quickly addressed.
“The underlying question is, why haven't we abated these properties?” she asked.
The county's chief administrative officer Kelly Cox, who also is the redevelopment agency's executive director, said the properties are highly visible and next door to an operating resort.
He said he didn't believe the county's redevelopment goals in Lucerne would succeed unless something was done about the motels. “These properties are keeping people from investing in that community.”
Supervisor Rob Brown agreed with Cox. “From the lake side of it, it's horrible,” said Brown, noting that, even if a visitor sees Ceago del Lago down the road, it's the broken down motels that they'll remember.
County Counsel Anita Grant said her office has been looking at the situation and has made some recommendations. She said that, given the buildings' location, the county can modify the nuisance ordinance to address the unsightliness of the properties. She said the abandoned building ordinance also needs to be revised to include maintenance requirements and time limits.
Community Development Director Rick Coel said Lakebed Management needed to begin some of the enforcement processes, starting with the lakebed pilings. That agency – due to meet with Affinito later on Tuesday – will formally notify the owner of the problems.
Cox said neighbors have reported that the buildings are attracting rats.
Grant added that the rats pose an immediate health and safety issue. Rushing asked if the buildings could now be abated as a result.
Vermin and health risks could lead to abatement, said Grant. “Where you have rats you generally have disease,” she said. “Rats are usually a good sign that abatement is necessary.”
Code Enforcement Manager Voris Brumfield said Affinito received permission in August to board up the buildings for six months; at the end of that period, he'll have to reapply. She said she needed to look at the abandoned building ordinance to see who would grant the extension.
“Those buildings really need to go, that's what needs to happen,” said Rushing.
She recommended not extending Affinito's permit to have the buildings boarded, adding that the properties are affecting the town's economy. “I'm as frustrated as can be about this.”
Dominic Affinito's son, Robert, said his family intends to build a new hotel on the properties, which he said can't be repaired.
“Right now getting a loan to build such a project is not an easy task,” he said.
The problems, said Affinito, are getting enough rooms and parking to make the project worth doing.
Setting up additional parking has been an ongoing issue between the Affinitos and the county.
Affinito said he's done whatever the county has asked when it has come to fixing problems at the motels. He was concerned that he only found out about the board discussing the properties the night before. His father – who he said isn't involved with the property any more – received the notice but he didn't.
“Regardless of what you do there, you're going to take it down, right?” Brown asked Affinito.
Affinito said he's taken down buildings before when a new plan wasn't finalized, and the result has been that the community doesn't want anything to replace the removed building.
Brown said it will be more expensive for the Affinitos if the county decides to demolish the buildings. That's because, in addition to contractor fees, the county will charge for administrative services.
He added that the minute Rushing moved to abate the buildings, he would second her motion.
Coel noted that current zoning allows for commercial lodging facilities, so future use as a hotel isn't in question. That was Affinito's concern, that if they tore the building down immediately they could lose their user.
In response, Coel offered to put the guarantee of use in writing and tie it to existing zoning and proposed zoning in the Shoreline Area Plan.
Affinitio said within the next 30 days they will determine whether or not to rebuild or tear down the motels. He said he's concerned that they will only be able to fit 30 to 40 units on the land, without enough parking.
Robey pointed out that the boarding time limit will be up on Feb. 8, 2009. If Affinito hasn't started demolition by then, Robey – who retires from the board later this month – said he would encourage abatement. “One way or the other, it's going to have to be dealt with.”
Affinito suggested it would be best to wait until summer to tear down the building. Robey countered that the best time would be soon, while the lake is low.
Supervisor Anthony Farrington said he wanted to direct staff to deal with the health and safety issues. He added that he understood Affinito's position, but the economy doesn't preclude tearing down the buildings.
Farrington said he will honor the current zoning and pledged to work with Affinito, but said he had no interest in seeing the buildings refurbished, which he estimated would be more expensive than building new structures.
Parking, Farrington noted, has been a contentious aspect of the issue with the Affinitos, but he said he was committed to facilitating the demolition of the buildings and getting a new hotel project parking. “I'm going to keep running for office until this is handled, even though it's not in my district,” he joked.
Cox said the redevelopment agency has been very supportive of a new lodging facility. “We want it to happen very much.”
Previously, the county offered financial support to Affinito to tear down the buildings – but Affinito decided not to move forward, Cox said.
Supervisor Jeff Smith wondered if the problem would have been solved long ago if an agreement had been reached on the parking.
Affinito said even with the offer of county property next door as parking, it wasn't enough spaces.
Rushing said she wanted to separate the parking issue from the abatement, because she didn't feel it was a negotiating item.
She urged the board to direct staff to address the health and safety issues with the properties and at the end of six months to have them abated. Rushing added that the abandoned building ordinance needed to be strengthened to regulate commercial properties and make clearer the guidelines for extending permits to board up buildings.
Farrington suggested having staff partner with the Affinitos to get the demolition done, and to put the offer of financial help back on the table.
“That was on the table the entire time and the buildings remained standing,” said Rushing.
Affinito asked to be contacted personally if the county had problems with the property. Brumfield pointed out that he was not the property owner, which was why he hadn't directly received any notices. She said many different agencies are involved with monitoring the properties, and said she would make sure they had his contact information.
Brown said it was important for one department to take the lead.
Pete Peterson, who owns the Beachcomber Resort next door to the motels, said he's been worried about them. People who slow down to check out his property speed off thinking it's one of the Affinito buildings. He asked if a sign can be placed on the motels explaining that they're closed.
Rushing offered three motions, all of which were accepted unanimously at the end of the 45-minute discussion.
They included directing staff to deal with the immediate health and safety issues caused by the properties' condition and the rats; to not allow an extension on the permit to board up the buildings when the six-month time period ends in February, and to bring the matter back for abatement; and last, to ask county staff to bring back a strengthened abandoned building code.
E-mail Elizabeth Larson at
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