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r <br /> 1 <br /> Mr. Harlan Knoll <br /> PUBLIC HEALTH SERVICES <br /> SAN JOAQUIN COUNTY <br /> Environmental Health Division <br /> January 4, 1996 <br /> Page 2 <br /> The problems included the occupants' failure to pay on the Note, the occupants' insistence upon <br /> prohibiting both private and county consultants onto the property in order to determine the extent <br /> of contamination, and defending against a series of meritless suits brought against Mr. Bennett <br /> by the occupant for the sole purpose of delaying and hindering the characterization of the ' <br /> property W ,. <br /> With that said, our office has'defeated all litigation brought by the occupant regarding the f <br /> property and has initiated foreclosure proceedings in order to eject. the occupant from the C <br /> property so that the Site can be fully characterized, and work can proceed. All the while, a <br /> Tank Fund Claim Application was filed, a Letter of Commitment was issued by the Tank Fund, <br /> a workplan was submitted and approved by the County and bids have been submitted to the Tank <br /> Fund so that when the occupant is cleared from the property, work could proceed swiftly and <br /> economically. Thus, at this point, a three-day Notice to Quit was served upon the occupant by <br /> the Sheriff's office by January 2, 1996. Should the occupant refuse to leave the Site, certain <br /> legal procedures must be followed in order to eject the occupant from the premises. These legal <br /> procedures known as Unlawful Detainer actions can take up to six (6) months for final } <br /> resolution. <br /> Obviously, our office must adhere to these procedural requirements should the occupant fail to w <br /> leave the Site. However, once the occupant is removed from the premises, no danger will be <br /> presented to our consultants and/or County officials and a fairly straight-forward job of <br /> characterizing petroleum hydrocarbon contamination in the groundwater and the soil at the Site <br /> can be completed accordingly. M <br /> r <br /> Should you have any questions or comments, please-6fi7of hesitate to:give me a call. <br /> Very truly yours, <br /> Kerry I. Z' erman <br /> KIZ/msm <br /> cc: Lois Freer k <br /> }1 <br />