Illinois Valley News

Citing risk to life and limb for children, and frustrated by the “eyesore“ presented by an array of abandoned satellite dishes at 310 Caves Hwy., Cave Junction resident Harry Rich has admonished the city council.

He addressed the council during its regular meeting Monday night, March 8 in city hall.

Illinois Valley“s top-ranking firefighter requested the agenda item in the interest of public safety, and offered a solution. And he warned the council of the potential for injury or death linked to the large metal dishes.

His concern is that the city is not moving quickly enough to abate the issue of abandoned satellite appliances. Rich noted that it“s exceedingly rare to find large, above-ground utility objects such as satellite dishes in an unsecured location.

“Our youngsters have found a haven to play on these large utility objects,“ Rich said, noting that he“s seen children climbing on and swinging from support structures on the property.

“I know the council gave the city attorney direction last November to take action on this. Where is that (process)““ he asked.

City Recorder Jim Polk provided a breakdown of the events since Nov. 9, 2009 when the council declared the property a nuisance. For clarity Polk noted that abatement proceedings begin by sending a certified letter, notifying the property owner of the declaration and giving them 10 days to correct the problem.

Polk said that a certified letter was mailed Nov. 16 and that by Nov. 18 the notice, which had been sent to the owner of record according to the Josephine County assessor“s office, Rapid Communications, was returned as “Undeliverable, Moved Unable to Forward.“

The city, Polk said, has documentation that when Rapid sold the cable franchise, all property and assets became that of PC One. Courtesy copies of all letters and notices also were sent to PC One Polk said, but the firm has taken no action.

On March 2, a suit for civil enforcement was filed in Josephine County Circuit Court in Grants Pass by Cave Junction legal counsel.

Rich said that I.V. Fire District volunteers have agreed to dismantle and move the items to a site of the city“s choosing.

“Now that I have made you aware of this potential risk hazard to the community,“ Rich said, “it is up to this council to take action. I am putting the mayor and council on notice that if anyone is killed or inured (I) would take it quite seriously.“

The council generally agreed with Rich“s risk assessment. But Councilman Carl Jacobson reminded Rich that it is inadvisable for the city to pursue abatement without a court order.

He cited a $1.4 million judgment in the case of Carlsbad vs. Johnson, in which the city was found guilty of violating property rights by cleaning up a privately owned property.

Polk said that he would check with City Attorney Patrick Kelly about moving the issue along, as well as checking on the feasibility of allowing IVFD volunteers to complete the abatement work.

In other business the council voted to approve requests for use of Jubilee Park with amplified sound from IVHS Alumni Association, Pregnancy Center of Illinois Valley and the I.V. Chamber of Commerce. Each request received approval by a 4-0 vote, as Mayor Don Mayor was absent.

Jacobson gave his “Aye“ to the chamber“s Concerts in the Park series, “with the provision that they turn it up louder so I can hear it.“

Also the council voted 4-0 to accept public infrastructure from Lafayette Capital Group at Cottage Park Development, off Hanby Lane, and accept a water line extending north from Cave Junction along Redwood Hwy. toward Illinois Valley Golf Course.

Copeland Sand & Gravel, which installed but was never paid for the water line, and having come to an agreement with developer Larry Osborne about his financial responsibility for the line, expressed that it is prepared to transfer the facilities to the city.

Acceptance of the waterline will allow Kerby Water District to connect with the city of Cave Junction“s municipal water supply.

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