A long list of repairs and new permits are required, and use of
several key temporary structures is banned until corrections are
made on the well-known Red Barn site, according to a compliance
order issued by county code enforcement officers.
Jim Johnson, McClatchy News Service
A long list of repairs and new permits are required, and use of several key temporary structures is banned until corrections are made on the well-known Red Barn site, according to a compliance order issued by county code enforcement officers.
A converted dairy barn and RV, aging bridges and on-site electrical and plumbing systems are included in the order issued last week. The order requires contamination to be cleaned up, and notes vehicle storage on the site and vendors operating without proper permits.
The massive Red Barn structure has already been yellow-tagged by the county for interior construction done without permits and a lack of fire sprinklers.
The owners have until Jan. 7 to comply with terms of the order or they could face fines of up to $100,000 or criminal prosecution. The property could be placed into receivership.
Red Barn owner Fran Ellingwood’s attorney, Myron “Doc” Etienne, said his client intends to comply with the terms of the order and has been working with county and other local officials to resolve the issues since code enforcement inspections were conducted in late September and early October.
Ellingwood said the popular Sunday outdoor market will remain open while the issues are resolved, although the site was empty Sunday.
Earlier this year, the county Planning Commission found that the market exceeded the bounds of its 30-year-old use permit and would need to shrink by about half or apply for a new permit. Ellingwood has
filed an appeal with the Board of Supervisors that is set for a hearing next month.
County Building Department director Tim McCormick said the Jan. 7 deadline should allow enough time for the Red Barn’s owners to respond to the order and at least begin addressing the issues. McCormick said fines and other legal actions are meant to be a last resort.
“We’re not asking them to fix everything (by the deadline), but for the most part we’re asking them to remove the violation or get permits,” he said. “Technically, we could fine them, but that’s not our goal.”
Etienne said his client could ask for an extension of the deadline, but McCormick said such a request would have to be “fairly compelling.”
McCormick said the Red Barn’s owners could choose to appeal the order and any fines to an administrative law judge who decides such matters for the county, but he noted that most people comply with the orders before fines are assessed.
Scrutiny of the Red Barn’s operations arose after long-running complaints about the Sunday market’s impact on traffic congestion in the area prompted a county review. County planners found the market exceeded its permitted boundaries, which the Red Barn owners reject, and issued a notice of violation.
After the county Planning Commission ruled a new permit was needed, a code enforcement team toured the site. No new use permit can be issued if a code violation exists.
Among the details of the order:
– A former dairy barn was converted to office and storage use without permits, and an RV was parked nearby and hooked up to plumbing and electricity.
– Bridges over a creek that bisects the site are in need of repair, and previous work was done without required permits.
– Work was done on a wine- and cheese-tasting building without required permits, and a grape arbor and patio cover need repairs.
– Repairs and upgrades are needed for on-site electrical and plumbing systems, including permanent wastewater treatment and disposal facilities.
– All “temporary” structures, including wood beer and information booths, must be removed or permitted.
– Contaminated soil must be removed.
The order noted the use of temporary vendor tents without the required permits, and that people are allowed to operate without itinerant vendor permits issued by the sheriff. But neither issue is included in the order’s list of corrective actions.
McCormick said the vendor permits are being addressed by an ad hoc committee.
