Wealthy Enclave Billed $54,000 to Clear Brush

As the June 1 deadline for clearing weeds near homes approaches, the Ventura County tax collector has levied a special $49,000 assessment against a Thousand Oaks homeowners’ association in a neighborhood of million-dollar estates abutting a volatile fire zone.

The homeowners’ group failed to clear weeds and brush around the 38-home luxury Westlake subdivision last June, so the Fire Department brought in its own clearance crew at a cost of $48,601.50.

“It’s a very high-hazard area, and they simply didn’t do the clearing,” said county Fire Marshal Diane Morgan. “There’s a dispute between the homeowners’ association and the developer as to who is responsible. But my contention is that’s a civil issue between the two of them.”

At issue is who should have cleared the slopes and hillsides on the rugged 16-acre perimeter of Bridgehaven Estates, a tract of custom homes tucked in a canyon behind a security gate off Potrero Road near Lake Sherwood.

An anti-fire law, enforced mostly on city edges, requires property owners to clear high grass, weeds and brush within 100 feet of structures.

Thousand Oaks officials extended that buffer to 200 feet at Bridgehaven Estates because surrounding ridges are so combustible, and because the cloistered subdivision has only one street in and out of it.

Indeed, one of the worst fires in county history--the 38,000-acre Green Meadow blaze--charred hills nearby in 1993, destroying dozens of homes in an arson blaze that roared from Thousand Oaks to the Pacific Ocean.

Owners of about 17,000 parcels were notified of weed problems last year in Ventura County, with many in the fast-growing hilly areas of the east county. All but 104 either took care of the abatement within a 30-day period or filed appeals to the Board of Supervisors.

Bridgehaven Estates did neither. And it stands out because its steep levy represents 30% of the $164,000 the county tax assessor charged 104 owners in special taxes last month.

The $49,000 Bridgehaven assessment increased to $54,000 after homeowners failed to pay the assessment by the April 10 deadline and were hit with a 10% penalty.

“[The assessment is] the largest in my tenure,” veteran Fire Marshal Morgan said. “Usually it’s in the hundreds of dollars or $2,000 or $3,000.”

Hallie Blau, vice president of the Bridgehaven board, said homeowners did not clear the brush last year because they thought it was the responsibility of builder Pacific Heritage Development of Irvine, owned by Gary R. Emsiek.

Emsiek’s attorney did not return telephone calls last week.

Although the subdivision sold out about two years ago, Blau said the builder never met several conditions in its development agreement with the city of Thousand Oaks.

The principal problem, she said, was that common areas were left in disrepair.

Specifically, Pacific Heritage had not completed the 100-foot irrigated vegetation break that was a required part of the buffer zone. And when a dispute erupted about ownership of the water meters and sprinkling system that was about 90% complete two years ago, the water was shut off and vegetation died.

It was not until after the Fire Department cleared the brush last summer, that homeowners became aware that the developer had transferred title of the buffer zone to the homeowners association in June 2000.

Blau said the board was not notified of the transfer, and homeowners challenge the validity of the transfer.

“We never knew we owned that common area,” she said. “We were waiting for the city of Thousand to sign off on the tract conditions. Now the city is trying to act on our behalf to solve these issues with the developer. We’re in the process of possibly mediating some of these issues.”

The homeowners are also looking for city help in dealing with the $54,000 the association owes the tax collector.

“It’s a huge assessment,” Blau said, “and if we’re asked to pay that, I’d hope the city would help resolve that with the developer. We’ve been looking to the city to get these issues resolved for over a year.”

Paul Metrovitsch, a city planning manager, said the city has had problems getting Pacific Heritage to complete improvements in the project, and that bonds posted to guarantee completion have also been a problem.

But as homeowners await the result of mediation, they have hired a crew to clear the grass and weeds that have accumulated over the last year to meet a June 1 deadline.

The bill this time: $6,500.