Artist wins round 1 against S. Tahoe for taking his possessions
By Kathryn Reed
If a picture is worth a thousand words, what are an artist’s tools worth?
South Lake Tahoe officials may soon have to answer that question.
Artist Peter Darvas won his appeal before the South Lake Tahoe City Council this week – meaning he won’t have to pay the $3,437.50 abatement fine. But now he wants the city to pay for the items officers took from his backyard and subsequently destroyed without his knowing this was going to happen.
Peter Darvas
After the Jan. 17 meeting, Darvas told Lake Tahoe News he never saw a list from the city of the items it wanted cleaned up. And he did not receive a certified letter until the abatement was over.
“They looted the entire place,” Darvas said.
Darvas contends the 6-foot cedar fence surrounding his property in the 3100 block of Pioneer Trail is not visible from the street. The city says otherwise.
Because of a complaint, which has not been made public, and the problem originating in 2009, the city decided it was time to take action.
Community Service Officer Bob Albertazzi told the council he sent registered letters and posted a letter at Darvas’ residence to no avail. City code allowed him to hire a contractor to remove the materials from Darvas’ property even though they were behind a fence. Albertazzi told the council some of what was hauled off was up to his discretion. For instance, a cabinet was left, but the materials spilling out were removed.
Darvas contends much of the mess in the yard was for his artwork as well as for the shows he puts on in the South Shore – things like cement for sculpting and canopies for festivals.
He admits things were a mess and some of the items needed to be hauled off. He told Lake Tahoe News the appliances the city disposed of were on a trailer ready for the dump.
The council in its 3-1 vote siding with Darvas on Tuesday had concerns that he never received any of the notifications about the abatement proceedings as well as the paperwork was for one parcel number when he owns two adjoining lots. The second lot is where the items were located. Mayor Claire Fortier was the dissenting vote and Councilman Hal Cole recused himself because he lives within 300 feet of Darvas’ property.
Darvas has hired an attorney and told Lake Tahoe News he intends to pursue a civil complaint against the city for compensation for the goods that were confiscated. He would not put an exact dollar amount on what was taken, but said it is well into six figures.
In situations like this the city cleans up a lot and destroys all goods taken so it’s not a matter of being able to give anything back to Darvas.
Is there even one person in the city who knows what they are doing?
This is an outrage!!!
How can the government enter a person’s private property without permission?
How can the government confiscate private property without permission?
How can the government destroy private property that was illegally obtained?
How can the government violate its duty to protect us?
How can the government instill fear in its citizens in the name of justice?
How can the government regain our respect after these violations?
At least a public apology is in order.
At least monitory compensation is in order.
At least those responsible for these grievous acts should be chastised.
I was told by Slednet that neighborhood petitions are to be used when the neighbors have a complaint about a resident.
When did this process stop?
What is wrong with the petition process?
At UC Davis the government used pepper spray on the citizens.
It does not matter who was right or who was wrong. What matters is the perception. When the pepper spray images spread round the world the result was a public outcry. Perception is reality. At UC Davis, the government could have backed down, but they did not, and they are paying dearly for their lack of perspective.
We are living in difficult times. People are stressed out and blame the government for the mess we are in. Now is the time for government to show compassion.
We are being kicked out of our homes.
We are being forced to chose between groceries and rent.
We are denied quality health care.
We are working long hours for little pay and no rights.
Our children are suffering from cuts to education.
If the government wants to fight its people, then we have the right to fight back.
Thomas Jefferson said, “When the people fear their government there is tyranny. When the government fears the people there is liberty.”
Ernie Claudio
(530) 541-2245
Well spoken, Ernie! The next step will be the jack-booted brown shirts telling us all what we can and cannot do, say, think or feel. Scary times.
The City Govt. has the time to deal with something so petty?! I thought it was broke and understaffed? What if they actually dealt with real crime like going after the Alder Inn embezzler?
Oh I know the problem with that! That might actually take effort. Easier to pick on some harmless guy right here in town!
Perhaps we are not getting the full story here. Many South Shore residents store occupational materials on their home sites in a neat and organized manner and have no citizen complaints or city interference. Sounds like this could well be a case verging on hoarding with a concerted effort to avoid requests since 2009 for clean up. While individual rights must always be respected, the rights of the neighbors and community also need to be addressed. Living close to a horader’s stash not only lowers property values, but also presents health (rodent infestation) and safety (fire) concerns. One would hope the city would be especially careful to document all steps taken in attempting to address situations of this nature. Perhaps some help could be offered of an organizational and even psychological nature to assist the individuals in letting go and cleaning up the unsightly accumulation.
I wonder how the neighbors feel about the clean up…
This appears to be a “perfect storm” of a rampant “Community Services” that takes license with their job description, but like a lot of what the City does, is not done with enough ‘due diligence’. . .
Mr. Albertazzi operates under the assumption that the law is always on his side, even as he alienates those who even bother to call them on what they do. . .
Perhaps it is time to review “Community Services” as to what “services” they are actually providing, above & beyond the ‘scavenging role’ (aka a money-maker to offset a budget the City doesn’t have ?)
Look for Mr. Albertazzi to come up with Police cover in the performance of his job – Community Services is under their domain.
Thank you all for your support … Sincerely, if all this could have been avoided, I would be at my easel painting not meeting with attorneys and pondering options. According to a tenant on the property, officer Albertazzi was there briefly on the first day, then turned over the process to the private contractor (sofar undisclosed by SLT police), leaving them to take whatever in a two day process at a fee of $2500.00. Nice job, $1250.00 per day! The abatement was ordered on 3128 Pioneer, yet 3120 Pioneer, my adjacent residence, was abated/looted as well, Yes, not trash or items of questionable value but two chainsaws, an air compressor with hoses and electric extensions, spray guns, pneumatic tools, a 10in electric miter saw, a 3 cu ft 3hp cement mixer, 1 antique boxwood cast iron stove, antique 5ft crosscut logging saw, … the list continues. No dollar amount, as yet, has been determined to replace needed items. Granted, furniture, old appliances (already on a trailer) have no value since much was in the process of disposal. Nothing was ‘hoarded’. No household garbage, ‘junk and spare parts’ -mentioned several times by Officer Albertazzi was ever maintained on the property. Square tubing, sheet metal, ABS and PVC pipe, joints, connections, tables, racks, cabinets for outdoor display, yes, junk no. Would officer Albertazzi or one of the workers know a #10 carbon casting crucible (prox,$120.00) if he tripped on it? Garden tools: rakes, shovels, 22 in Murray lawnmower, wheelbarrow, several pickaxes, 5ft wrecking bar, posthole digger, four snow shovels, a 10in wheel moving dolly … the list goes on. Main point: the only way 95% of the items could be visible is if you entered the property through the gate .. which is exactly what the police did to get their pictures (no warrant was ever served) … ok, so much for now … more later ..peter d ..just a citizen
One thing to consider is: even if one has high quality items, no one wants to live next to a huge amount of stored stuff in someones yard. It’s really not a good fit for a subdivision.
I would feel very trapped, and helpless if my neighbor had a significant quantity of stuff stored on their property, and I would never knowingly buy a house near a house like that.
You people calling peter a hoarder, need to look up the definition…..and lucky for some of you snobs in town you choose not to live next to those “types” of people. I remember when tahoe had some of the nicest people in the world living here. Now, it’s overrun with egocentric, self important, snobs…shameful.
Hal Cole recused himself because he post likley instigated the whole thing. He should not even be on the council. Too many special interests. How many times has he had to recuse himself?
If you don’t like what’s in your neighbor’s back yard then I suggest that you stop peeking over the fence…
back in the 70’s the City used to hassle One Ton Tony about his seal coating stuff
in his front yard on Moss Road, so he put up a fence.
Peter it is distressing to see that the City would take your stuff from behind your fence, from your list it shows that no trash was there
1st,I would like to take back somethings I have said about the City Manager,besides just listening to friends I actually looked at some of the thing he has done and just maybe he is on the right track.You have to break eggs to make eggnog.
Now lets talk about this poor person who had his junk cleaned up by the city (for free).City staff worked for two years trying to get him to clean up his mess,watch the city councel meeting last Tues. And look at the staff report on the city website that shows pictures and tell me if you want that mess next to you. Watch the city councel and see whats wrong with this city.one of Tom Davis’s cronies speaks for the junk man,Angela Swanson has slept with an artist and also been to the junk mans house and who knows what the heck Bruce Grego is talking about.The only one that made sence was Claire Fortier. Maybe they should have to take a test on city codes before they are allowed to rule on these issues, or maybe a third disinterested party should do it, so the good old boy ways are stoped.
The only mistake they made was they didnt clean up the pile of junk he left in front of the outlet stores at they Y.
where on the city’s site is this staff report?
Thanks Harold .. It seems everyone is an art critic. The pile of junk at the Y, to clarify, is “First Reach” my 25ft aluminium sculpture commissioned by the owner of the Factory Stores some 20 years ago. CalTrans may have easement if the roundabout is ever built. Otherwise, you always have the option to complain to Zoning that it is an eyesore and have the police remove it. all th’best …Peter Darvas