David Hoffman of Marin County, Calif., Ordered to Tear Down Sustainable Home He Built for 40 Years

[1monster]

http://realestate.aol.com/blog/2012/07/12/david-hoffman-of-marin-county-calif-ordered-to-tear-down-sust/?icid=maing-grid10%7Chtmlws-main-bb%7Cdl19%7Csec1_lnk3%26pLid%3D178204

David Hoffman of Marin County, Calif., Ordered to Tear Down Sustainable Home He Built for 40 Years



David Hoffman (pictured above) of Marin County, Calif., has built a pond that refills with groundwater using a solar powered pump. He utilizes buckets of worms to digest food waste and human waste and turn it into useful fertilizer for his gardens. He has carved caves for drying tea leaves. And he has used recycled materials to build an ornate teahouse.

And now he has until Aug. 1 to tear it and all the others down.

County officials said Hoffman didn't have permits to build the structures, so he must get rid of them -- and pay nearly $200,000 in fines.

Hoffman is still hoping that he can keep his building and continue to pursue his dream. He set up a website and petition in an effort to rally community support.

Hoffman's website: http://www.thephoenixcollection.com/savethecave/index.php

SAVE THE CAVE /THE LAST RESORT

Dear friends and supporters:


Forty years ago I began an experiment. I wanted to create a model environment that incorporated sustainable methods from the past and adapt them for living in the future. I believed I could demonstrate a less wasteful, healthier, lifestyle - living in a way that nourished the living world around us rather than destroying, depleting, or polluting it. Growing clean healthy food, an important link in the chain of life, is a by-product of that system.

The County of Marin has taken exception with my project, and filed an administrative action to halt, and potentially raze, my life’s work. We are currently waiting on the decision of the administrative hearing judge from the January 25, 2012 hearing. While I am hopeful we will win the war, I fear we will loose the initial administrative battle. My lawyers are preparing for the next phase of litigation, which includes seeking designation of the property as a national historical landmark, as well as other legal and equitable defenses and remedies to the county’s action in a trial de novo. We believe the property represents a great idea, or ideal, of the American people, and is an important legacy that needs to be preserved. Bee & I are grateful for your support.

Very truly yours,

David and Bee Hoffman

[MadHound]

1. Another reason to only visit California yet never live there,

Far too many rules and regulations that you have to deal with in order to do what you want with your land.

[Hell Hath No Fury]

6. A lot of it is for good reason.

Last edited Thu Jul 12, 2012, 03:59 PM - Edit history (1)

Remember: we have earthquakes, floods, fires, and endangered species here. We are also very densely built, so what happens on one property can easily effect neighbors.

[n2doc]

22. Have you ever traveled overseas?

Places without regulations (or effective enforcement) build deathtraps for buildings. No one is "free to do what they want to with their land" even in Somalia. That's a libertarian argument.

[MadHound]

23. Wow, you go straight to that libertarian jab early and often

When you disagree with somebody. I've noticed that about you, it is getting to be rather old.

First, yes, I've been overseas. Second, there is a happy medium somewhere between libertarian and authoritarian, which is where I'm advocating that we wind up. Why is that notion somehow libertarian?

Squalking "libertarian" at every person you disagree with is a piss poor way to debate, because quite frankly it makes no sense.

[Lionessa]

2. Unfortunately seem cities and counties aren't really equipped for this type of building.

They're rules and regs are still geared for the consumption society. I suspect even if he had attempted to get permits, they would've been denied. That being said, building code enforcement is generally a good thing, assuring houses are build to be safe for it's occupiers as well as the community.

[1monster]

13. While reading the article, the first thought I had was, good luck with getting those permits..

How likely is it that one will be granted a building permit for a cob house? My guess is not very.

http://www.daycreek.com/dc/html/dc_cob.htm

[Lionessa]

14. Not necessarily a bad idea, but how does one determine its viability and safety?

And even the whole sewerless, worms is a good idea, but will it ultimately be a problem for water table or whatnot??? I don't know, but until some test sites can determine, our counties just aren't equipped to properly inspect or approve something like that.

[justiceischeap]

24. All he probably had to do was hire an engineer

to determine the home's structure as safe. That's what is required of a lot of folks building sustainable housing when typical permits don't apply.

I recently watched the documentary "The Garbage Warrior" about an architect in New Mexico who ended up losing his license because of his building a sustainable community without permits, etc. He then ended up going to India after the tsunami and Mexico after Hurricane Rita and building the same housing for folks who lost everything. It's a great documentary if you're interested in this sort of thing.

[KansDem]

3. I read the article but didn't find the reason...

...it took 40 years for the county to catch up with this guy!

Did I miss something?

And I do agree with Mr. Hoffman here--

In my generation, the sixties, we went to war over Communism. I didn’t go to Viet Nam because I didn’t believe in that war either. I remember being told by my government how wicked and evil communism was. Well guess what? The largest communist country in the world has become our biggest trading partner today and so powerful they control and can dictate the fate of the dollar! But I digress…

I remember when we were soooo afraid of Communism. Commies were going to march down through Vietnam and SE Asia, then into Australia, then they would be marching down MainStreet, USA!!!

Now we buy their products and services on MainStreet, USA...

[struggle4progress]

5. "... For over two decades, county officials red-tagged his buildings. But Hoffman carried on ...

But county officials didn’t see it that way. His fines have run up to over $200,000, and he’s been ordered to tear down all 30 of his illegal structures by August 1. “David Hoffman ignored the county for twenty years,” said Marin County Supervisor Steve Kinsey. “It came at his own peril.” Hoffman has been locked in a legal battle with the county for years. In county reports, inspectors would return to the property to inspect previously red-tagged buildings, only to find new ones had sprouted up in the interim ..."


How the Law Caught Up With a Marin County Visionary
Marin man's lifestyle is efficient, but he failed to apply for proper permits.
By Joe Rosato Jr | Wednesday, Jul 11, 2012 | Updated 2:55 PM PD
http://www.nbcbayarea.com/news/local/How-the-Law-Caught-Up-With-a-Marin-County-Visionary-162008795.html

[KansDem]

7. Thanks!

I just didn't see the delay on the part of the county...over 20 years of red tagging!

I had a go-around several years ago with the city regarding my rain gutters....or lack of them.

I was preparing to paint my house and had removed the gutters so I could prime the fascia and start painting. This was November and an early, cold winter hit and I didn't get quite done (can't paint when the temperature drops below 40 degrees). The Codes Enforcement Inspector came around and was going to cite me for not having rain gutters but I explained about the cold weather temporarily preventing me from finishing the job. He said "All right" but to keep him updated.

Well, he retired and another inspector was called in to take his place. That inspector cited me right away (this was February--our coldest month), and I had to go to court in March. The judge told me to finish the job within 30 days or face fines. No problem since the weather had warmed and allowed painting. I had even contracted with a company to replace the gutters when I was finished.

Everything was done by the time the inspector came around to make sure I had completed the job. But overall the city didn't cut me much, if any, slack!

Nice countryside there in Marin Co!

[struggle4progress]

10. pdf of January 2012 Development Agency staff report

www.thephoenixcollection.com/savethecave/pdf/Cintura/1.pdf

[Fire Walk With Me]

4. Don't hassle the Hoff.

[Freddie Stubbs]

8. Sustainable homes are exampt from zoning and building codes?

[XemaSab]

9. Sounds like the big concern is the total lack of sewage treatment

I have to say that I wouldn't want a neighbor irrigating his landscape with sewage.

[hunter]

15. Yep.

Looking at the report it seems the wastewater handling was most on the inspectors' minds. I'm guessing they'd have been able to overlook quite a bit as art or eccentricity to pursue the more pressing issues within their domain if he'd simply installed an approved septic system.

In most places building inspection departments are understaffed and overworked and they have more than enough work going after big stuff -- things like structures that would fall down in earthquakes, structures that spontaneously catch fire, or undocumented workers packed into garage conversions like sardines in a can. Eccentric outbuildings and small businesses run from homes are quite a ways down on their trouble list. The inspectors in this report make it abundantly clear it's the septic system that's their greatest concern.

I hate these threats to tear it all down. A great society appreciates the work of gifted and eccentric artists. This is art. But is this art a danger to self and others? There's a reasonable question here that needs to be addressed. The historical record is indisputable --improper handling of wastewater kills people.

I hope this guy, his supporters, and the local government work out a way to preserve that which is beneficial or harmless while removing that which is potentially harmful.

Without this kind of experimentation there is no progress.

[4th law of robotics]

11. The laws apply equally to everyone.

Get a permit next time.

[hunter]

17. Yeah, right.

Guys like Romney get permits for dangerous car elevators, but less wealthy folk have to fight city hall for a composting toilet...

[4th law of robotics]

18. Well, . . .

yeah fair enough.

The law *ought* to apply equally to everyone.

[Ganja Ninja]

12. He should have pleaded a quirk in the law.

The law according to Mitt Romney.

[Egalitarian Thug]

16. This is what happens when you let rich fucks move in.

The rich and the well-to-do are a plague wherever they are allowed in.

Sorry for this guy, but unless he's an anonymous gazillionaire, he's going to lose.

[mulsh]

35. This guy ain't exacly poor he's been building and digging caves for 40 years

The builder is a tea importer. In fact he's built a number of "caves to store his rare teas". The county has been red tagging his buildings for the past 20 years.

Water and waste management issues have been continuing problems in Marin Co. for all of my life. I wonder how much give and take there has been between the home owner and the county.

[Odin2005]

19. Shit like this is why ordinary people hate "Big Government".

[hack89]

25. He blew off inspectors for 20 years

don't you think this could have been avoided if he simply made an effort 20 years ago to work with the government inspectors?

[cally]

20. Periodically, the county orders unpermitted buildings to be torn down

In another community, a builder might ignore green building standards or other sustainable building codes. I think the buildings that don't follow rules should be torn down. Marin has extremely strict green building codes so this building is not being torn down because of the sustainability.

[Honeycombe8]

21. Makes me think a builder cruising thru the area saw that & became alarmed at the competition.

I wonder how all of a sudden, after 40 years, it became such a problem to have his building there w/o permits?

You'd think others would want to examine his residence and systems and learn from them.

OTOH, if you want to live in a certain county or a certain city, you have to abide by the laws there. No one is above the law. But since it's been there for 40 years, what I'm saying is...it's a little late for the city/county to complain. Isn't there a statute of limitations or something?

[Edweird]

26. If he had done this on 20 acres in the middle of nowhere he wouldn't have any issues.

[GarroHorus]

28. +200,000 n/t

[1monster]

30. It is possible that forty years ago he was in the middle of nowhere. Even twenty years ago,

he may have been somewhat isolated.

Living in Florida, I've know places that were absolutely in the middle of nowhere or ten or more miles from anywhere twenty years ago and are now so built up that eight lane highways are in almost constant gridlock.

[Edweird]

31. True enough about Florida. I'm a South Florida resident

and we had the same thing here. However, there are places that were in the middle of nowhere 40 years ago and are still in the middle of nowhere. Florida is a peninsula with a giant swamp (the Everglades) in the middle. There is a finite amount of space and it is a popular destination. Of course it's going to get crowded. Same with California - it's been a popular destination since the beginning.

All of the above notwithstanding, it's clear to me that his piece of land isn't big enough for what he was doing.

[Fumesucker]

33. Eh, I happen to be living on five acres that was the "middle of nowhere" ten years ago..

Today it's totally surrounded by McMansions..

Sprawl happens..

[Edweird]

36. Enough land gives you the ability

to deal with sanitation issues in a responsible manner and also gives you enough distance from everyone else to be able to fly under the radar. Sprawl or not if his parcel was big enough nobody would car

[GarroHorus]

27. GOOD!

If you fail to get permits for any buildings you put up, you have to pay the consequences.

[Canuckistanian]

29. As much as I applaud the guy

I think the county ultimately did the right thing.

If he had worked with the county, maybe compromised on a few things and gotten the county to accept some different ideas, then he could have kept his home.
AND it would have become an example for many more to follow, with an easier permitting process.

It's not that I'm pro-authoritarian, just pro-regulation. Building codes are there for a REASON, having to do with safety, public hygiene and community standards.

But, he refused to compromise. Now others will be discouraged from trying the same thing.

[Sirveri]

32. I take a middle road here. If it has the ability to affect his neighbor, it needs permits.

If it only has the ability to affect him then he only needs permits to sell it as is (otherwise he has to tear it all down).

Ultimately most of the permits I'd probably agree with. You need one to install a septic tank, so why not get one for a system designed to compost human waste (they're basically the same thing). His neighbors deserve to be respected too, even if his neighbors happen to be the commons or rich folk. Want to do something, do it right, and jump through the hoops that keep everything running smoothly for everyone.

[Trillo]

34. Personally, I'm against the regressive fees charged for building permits.

Then, after square footage is increased, more tax money is collected each year. KaChing. Take from the poor, so the rich can have more!

[lpbk2713]

37. We are your government and we are here to help you.

"Now kindly hand over $200K."