County to seize property of US Marine over improper chaparral clearing
Excessive weed abatement policy threatens fire safety, nature, civil liberties, and private property rights
Joseph Diliberti, a Vietnam veteran (US Marine Corps) and an iconic artist admired around the world, will be losing his home because a local fire district abused its power under a questionable "weed abatement" ordinance.
According the San Diego Tax Collector, sometime in March, 2011 the county will force Joseph out of his home of nearly 30 years by selling his property during a public auction in order to obtain payment on a $27,552 weed abatement charge (plus $30,000 in penalties and interest) for vegetation "clearance" work conducted in 2004. The area cleared was less than a half acre.
State law (PRC 4291) allows for such liens to compel property owners to pay for reasonable vegetation clearance work performed under an "abatement" order. However, the law is supposed to be applied in a fair and just manner. In Joseph's case, it wasn't. He neither knew about the ordered abatement (issued 2/19/04) nor was he present when the work occurred (3/4/04). He was away for several weeks visiting a friend when the contractor, Fire Prevention Services (FPS), entered his property without permission or adequate notice and unnecessarily hacked down the natural landscape around his home. His was one of the few in the area that survived the 2003 Cedar Fire.
At issue is that a government agency (San Diego Rural Fire Protection District) gave police power to a private contractor (FPS) to search for properties to clear vegetation, do the inspections, issue the violations, and do the work. This is a clear conflict of interest. FPS is no longer under contract with the fire district because of citizen complaints like Joseph's. FPS has a record of alleged abuses throughout the region. Although the courts have ruled against FPS's methods several times, the company continues to be hired by numerous fire districts and departments throughout mostly Southern California. Proper vegetation management around homes to reduce fire risk is critical. Defensible space regulations can play an important role in helping us understand how to improve fire safety in and around our communities. However, if abused as they were in Mr. Diliberti's case, public resentment and resistance can develop, making it difficult for fire officials to help improve fire safety. Due to the $487 per month penalty, the county now says Joseph owes more than $65,000. This was about how much Joseph paid for his 3.7 acres of land nearly thirty years ago. According to a clerk at the County Tax Collector's Office, this is the biggest penalty she has ever seen. Regardless of the facts, the county has indicated Joseph must pay the entire amount or lose his home. A "payment plan" is available until July 1, but Joseph would have to pay 20% of the total (approximately $13,000 plus interest) every year over the next five years.
Shackling Joseph with such a penalty is outrageous. The county's actions and its attempt to take away a man's home over a damaging and improper vegetation clearance operation represents an egregious violation of individual rights.
Nearly everyone we have dealt with, from the San Diego Rural Fire District fire chief, to the tax collector, to the public, have all labeled what has happened to Joseph as outrageous. However, because of the way the bureaucracy rolls along, just because an injustice is recognized, doesn't mean it will be corrected. To date, no one in a position of authority has come forward and recognized the need to solve the problem despite the fact that Joseph, and dozens of private citizens, have had their lives turned upside down by the abuse of power through the unfair enforcement of "weed abatement" regulations.
The office of San Diego County Supervisor Dianne Jacob, Joseph's representative, called us twice, expressing extreme displeasure that we had asked people to write her about the situation. Joseph sent a letter to Supervisor Bill Horn, a fellow US Marine, but Horn wrote back saying he couldn't do anything because Joseph lives in Jacob's district. Supervisor Greg Cox said the same. We never received a reply from Supervisors Roberts or Slater-Price. Assemblyman Joel Anderson's office did call us back, but nothing came of it. Congressman Duncan Hunter Jr. said this was a local matter and consequently, couldn't do anything about it.
Our legal and political options are now quite limited.
Setting the Record Straight 1. Although the San Diego Rural Fire Protection District says it notified Joseph by mail multiple times about the pending weed abatement in 2004, the district has acknowledged that they do not have confirmation that Joseph actually received any notices. Recognizing the inadequate notification process, the district now has face-to-face meetings with property owners. Considering the fact that the district, via a private company, was going to tresspass and seriously alter a citizen's property, every possible step should have been taken to make sure Joseph was properly informed. It wasn't and the district has thus far failed to acknowledge they made a mistake.
2. While some claim that Joseph is delinquent on his regular property taxes, here's the full story. When he tried to just pay his property taxes, the San Diego County Tax Collector's office told him he couldn't. He had to arrange to pay the entire amount, including the $25,550 lien. The tax collector's office told us the same thing during our investigations.
3. Joseph did take this matter to court but the court ruled against him. We strongly believe the ruling was unjust because his attorney failed to represent him properly and was ill suited for the job. Unfortunately, there is no transcript of the court hearing because the judge dismissed the court reporter. A more telling reflection of the problem Joseph faced is the fact that over the past decade FPS has been sued 39 times concerning its forced weed abatement actions in San Diego County alone.
4. According to reports, FPS claims that 845 cubic yards of material were "remediated" on less than a half acre. That's 169 average dump truck loads or a mountain of material about 20 feet across and nearly 70 feet tall - all from less than a half acre?
Not an isolated event
Joseph's situation is not an isolated case. Dozens of similar abuses have been brought to our attention since we started looking into what happened to Joseph. For example, a couple in El Cajon were charged $5,340 by FPS to remove vegetation they had done in previous years for $300. They received the abatement notice just before going on vacation and didn't have time to take care of the problem. They left on their trip, figuring they would just pay for the abatement when they returned. The couple nearly lost their home before they decided they could no longer afford to fight the matter in court and ended up paying $41,000 because of fines and penalties to resolve the matter.
If you would like to receive updates on Joseph's situation and our efforts to prevent this kind of government abuse of personal rights from occurring again, please sign up on our email list.
Read about Joseph Diliberti's remarkable ceramic homes he has built on his property in the April 2007 issue of Clay Times. Please click on the image to the right to download the article.
Video: A portion of a wonderful documentary film about Joseph by Gustavo Vasquez
Interview #1: A conversation with Joseph about his experiences in Vietnam as a US Marine.
Interview #2: What happens in war - Joseph discusses how a warrior deals with the horror of war. Note: This interview may not be suitable for younger audiences due to graphic language and content.
Dress Blues - Joseph Diliberti, Lance Corporal, USMC
Letter to the Editor on above article (July 26, 2004)
Why not allow artist to live as he pleases?
Talk about people having nothing to do but complain. I read with increasing frustration the story of Iseppi Diliberti and the county's intrusion into what I feel are inalienable rights ("Man's 'artwork' deemed unfit habitation," News, July 12). Here is a self- sufficient, happy and extremely creative man being denied the right to live as he wishes simply because some neighbors have a problem with him living this way. With the exception of their understandable fear from the fire he uses (which could be taken care of by simply getting a permit) I read nothing in the story that should give his neighbors any cause for complaint.
Countless homeless people sleep in cardboard in parking lots and freeway overpasses (whether by their unfortunate lot in life or by laziness) and they get either pitied or ignored. Here a man takes care of himself on property he has owned since 1979 and he is getting hassled. I would complain to the government, but they seem to be the people at fault.
Joseph used to offer a variety of workshops and camps for kids so they could learn about art, friendship, and living wisely with nature. Eventually these events ceased because of complaints from neighbors. Joseph's property spreads out over 3.7 acres, so one wonders how much noise the children could make.
