COUNTY REFUSES TO LET U.S. MARINE VET KEEP HIS HOME

Veterans group joins effort to assist as fire district ignores letters and emails from citizens requesting justice

SAN DIEGO, Calif. - April 28, 2010 - Despite receiving many pleas from concerned citizens, San Diego County has thus far refused to help Vietnam veteran Joseph Diliberti keep his home of thirty years. It will be sold at public auction over aquestionable "brush abatement" lien placed on the property in 2004. Although the county is attempting to develop a regional fire authority, officials have indicated they do not have jurisdiction over the matter. They claim it is the San Diego Rural Fire Protection District's (SDRFPD) responsibility. The fire district has failed to respond to a stream of letters and emails over the past two weeks from citizens requesting justice.

In 2004 the SDRFPD allowed a private contractor, Fire Protection Services (FPS), to clear native landscaping from Mr. Diliberti’s property without adequate notice and while he was away on vacation. A $25,000 lien was then placedon the property for clearing less than one half acre of shrubs. With fines and penalties, the lien has grown to over $63,000. The property is scheduled to be sold at public auction after July 1, 2010 to obtain payment. “I've tried to justpay my property taxes, but the county told me I couldn’t,” Mr. Diliberti said. “They said I had to pay the whole thing.”

FPS conducted inspections of all properties within the fire district, looked for violations, issued brush abatement notices, and performed the work. Due to citizen complaints, the district no longer has a contract with FPS.

County Supervisor Dianne Jacob’s office suggested Mr. Diliberti collect money from his friends to pay the lien. In fact, several generous benefactors have stepped forward to help him do so. Although humbled by and grateful for thegenerosity, Mr. Diliberti feels strongly that paying anything to the county sends the wrong message. “It’s not about money," he said. "It’s the principle that’s important here. It’s wrong for the government to take a citizen's homebecause bureaucrats have decided to devalue nature and dismiss our civil rights."

“We don’t understand how Mr. Diliberti’s government representatives can be so callous,” said Richard Halsey, director of the California Chaparral Institute. “He is living an incredibly productive life and provides hope to all of us that the creative spirit cannot be broken. He does not deserve the treatment he is receiving.“

The Institute is joining with Vietnam Veterans Against the War (VVAW) to help coordinate the effort to preserve Mr. Diliberti's rights and prevent the county from taking his home. "This is yet another example of the vast gulf between what government representatives say about supporting our veterans and individual rights and what they actually do," said Chuck Winant, the local representative for VVAW. "They abandon both when it is convenient to do so."

Mr. Diliberti's home is a tree house and a group of handmade, ceramic structures formed from local clay. Dedicated to living lightly on the land, he lives without electricity in the rural backcountry of San Diego County. “I just want to be left alone so I can live in peace, enjoy nature and share its truths with anyone who wants to listen,” Mr. Diliberti said.

PLEASE HELP US HELP A VET

For a short video clip of Mr. Diliberti discussing how a warrior deals with the horrors of war, please view the following file. This clip includes graphic language and may not suitable for younger audiences: http://www.youtube.com/watch?v=UhNB8dR_uqU

For additional information on this matter please visit: http://www.californiachaparral.org/helpjosephdiliberti.html

PROPERTY OWNER OUT ON A LIMB - Read the San Diego Union-Tribune article

WHAT YOU CAN DO NOW

Contact the Natural Resource committees of the California State Senate and Assembly and inform them about what is going on.

Please write a POLITE letter/fax and send it to the addresses listed below.

What happened to Joseph is a statewide problem, so we need the state government to address the issue. We have evidence of many instances where private contractors have taken advantage of vegetation clearance regulations (if you personally know of one, mention it). Please mention that point in addition to including some of those below as you feel appropriate.

1). Joseph was not given adequate notice/due process regarding weed or "brush" abatement action. Although the fire district claims Joseph was notified that the private contractor was going to clear his property, there is no proof that he actually received the notices. Around the time they were supposedly delivered, Joesph was on away on a trip. When he came home, his land was cleared without his knowledge. State law needs to require that agencies, fire districts, etc. must follow a notification process that is fair and reasonable before engaging in any "forced abatement" of vegetation. Besides mailed notices, a face to face meeting with the property owner, opportunities to appeal made clear at the time of the meeting, and a signed affidavit from the property owner acknowledging notice has been received, must be required before any agency can conduct kind of forced vegetation abatement.

2). Reasonable appeal time. Two week notices are ridiculous. In the case of a couple in Julian, CA, a 24 hour notice was given (you can download their story from our Help Joseph page on our website). Although the couple took the issue to court and had the outrageous $34,000 fee reduced to $15,000, they still had to pay a ridiculous amount and had their lives turned upside down. Imagine what would happen to a person who didn't understand the system (or had the money to hire an attorney).

3). Outrageous abatement fees. The fees private contractors and county abatement officers charge are outrageous. In Joseph's case, $25,000 for removing less than a half acre of vegetation? There needs to be a restriction on what these fees can be. Making them comparable to standard rates with limits would be an obvious approach.

4). Conflict of interest with private contractors. The private contractor, Fire Protection Services, conducted inspections of all properties within Joseph's fire district, looked for violations, issued brush abatement notices, and performed the work. Such a clear conflict of interest needs to be illegal.

Addresses:
The best way to send a letter is either through the mail or via fax. Email is not particularly effective.
Senator Fran Pavley, Chair
Senate Committee on Natural Resources and Water State Capitol, Room 4035 Sacramento, CA 95814 Email: Senate.Natural.Resources@senate.ca.gov Office: (916) 651-4116 Fax: (916) 323-2232

Assemblyman Wesley Chesbro, Chair
California State Assembly
Committee on Natural Resources
1020 N Street, Suite 164
Sacramento, CA 95814
P.O. Box 94249
Sacramento, CA 94249-00119

Office: 916-319-2092
Fax: 916-319-2192

P.S. One of the issues we have confronted is that many people see Joseph as a trouble maker. He's "different." It is one of the points officials have used to defend for their actions. Yes, Joseph is different and yes he can be confrontational. Who wouldn't at this point. He has decided to live independently as best he can, off the grid. But those issues are NOT the point here. A citizen's rights were violated. Regardless of what people may think of Joseph (and many of you know he has one of the wisest and gentlest hearts on earth), Joseph fought for his country and he deserves much better than he is receiving. He has the right to live as he chooses. He life-style is not a threat to other people, nor was the vegetation that was cleared around his home.

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The California Chaparral Institute (CCI) is a non-profit science and educational organization dedicated to promoting an understanding of and respect for Mediterranean-type ecosystems, helping the public and government agencies create sustainable, fire safe communities, encouraging citizens to reconnect with and enjoy their local, natural environments, and preserving healthy native habitats for all living things. www.californiachaparral.org

Vietnam Veterans Against the War, Inc. (VVAW) is a national veterans' organization that was founded in 1967. Today, many veterans are denied justice -- facing unemployment, discrimination, homelessness, post-traumatic stress disorder and other health problems, while already inadequate services are being cut back or eliminated. VVAW believes that service to our country and communities did not end when we were discharged. We remain committed to the struggle for peace and for social and economic justice for all people. www.vvaw.org

DOG THERAPY CONTINUES TO WORK FOR RETURNING VETERANS

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