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Request for Declaration of Public Nuisance by Residents of Black Mountain Estates, Inyokern CA Kern County Board of Supervisors April 1, 2014.
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Request for Declaration of Public Nuisance by Residents of Black Mountain Estates, Inyokern CAKern County Board of SupervisorsApril 1, 2014
Clearing and grading of 80 acres of undisturbed desert began 18 FEB 2013. No dust suppression practices were used.At the urging of the East Kern County Air Pollution Control District, watering trucks arrived approximately 10 days after clearing and grading had begun. There was no functional water well on-site.
Kern County Code Chapter 8.44 8.44.030 Definitions. "Public nuisance" as used herein means any use or condition of property or portion thereof, including buildings, structures, mobile homes, commercial coaches, recreational vehicles and motor vehicles located thereon, which is unsafe, injurious to the health, safety and welfare of the public or the occupants of the property, constitutes an attractive nuisance, attracts, harbors or provides a breeding place for insects or rodents, creates a fire hazard, is indecent or offensive to the senses, or which unlawfully obstructs the passage or use in the customary manner on a navigable lake, river, stream, canal or basin, park, square, street, easement or highway, in the unincorporated area of the county.
The 30-day petition, running from 3 Feb – 3 Mar 2014 received 151 petitions representing 158 of the public who agree the graded 80 acres and adjoining properties that were also impacted constitute the very definition of a “Public Nuisance” to the residents of the IWV. Petitions are provided as a presentation appendix