The Humboldt County Board of Supervisors (from left): Natalie Arroyo, Mike Wilson, Michelle Bushnell, Steve Madrone and Rex Bohn. | Screenshot.
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After 25 years of failed enforcement efforts and tens of thousands in unpaid fines, the Humboldt County Board of Supervisors today unanimously voted to proceed with abatement action at Yee Haw, a controversial “intentional community” of unpermitted dwellings nestled in the forest near Trinidad.
Since May of 2001, the county has issued numerous abatement notices and civil penalties to the property’s owner, Charles Garth, who has repeatedly failed to address a long-standing list of public health and safety hazards at the 10-acre site, including unpermitted makeshift homes, accumulated solid waste, junk vehicles and unsanitary sewage disposal. An inspection of the site in October 2024 revealed conditions that pose “urgent risks to the residents, to public health and to the environment.”
One of numerous un-permitted living structures at Yee Haw. | Outpost file photo.
In response to concerns about Yee Haw’s 20-plus low-income residents facing homelessness, the Board of Supervisors agreed to give Garth another chance, approving a nine-month timeline to bring the property up to snuff or face code enforcement action. At the beginning of this year, Garth applied to rezone the property as an Alternative Lodge Park, which would allow for a wider range of dwelling types at the site, including mobile homes, tiny houses, RVs, travel trailers and temporary camping facilities.
But at today’s meeting, Humboldt County Planning and Building Director John Ford said Garth had, once again, ran afoul of the board-approved timeline and failed to complete the studies required and paperwork necessary to move ahead with the Alternative Lodge Park.
“It is my understanding that there has been wet weather testing done for the septic, which was a critical component in the path forward … but it was unfortunately carried out in an area that is either on the neighboring property or within the setback to the neighboring property,” Ford explained. “There’s no valid wet weather testing that’s been completed yet. There have been no actions taken toward completing the application today.”
Another complicating factor: The property is no longer in Garth’s name.
“The property seems to have been transferred by quit claim deed to a non-profit organization,” Ford said. “So it’s unclear who the property owner currently really is.”
A copy of the deed attached to Tuesday’s agenda names “Evergreen Non-Profits” as the owner of the properties at 450 and 473 Quarry Road. A search of the California Secretary of State’s website indicates that the non-profit was formed in October 2022 by Garth’s son, James A. Garth.
During public comment, Allen Ng, a “board supervisor” for Evergreen Non-Profits, acknowledged the property’s “difficult history and serious water quality concerns,” but said he was committed to finding a “lasting solution for [the] property and our community.”
“We’ve done the water testing, we’ve removed metal [and] we’re making a plan on trying to get things in better shape,” Ng said. “Evergreen Non-Profits sees this property not as a liability, but as a project that will reflect our mission and practical skill sets. We are committed to work with transparency with the county and with those involved.”
Several residents of Yee Haw also spoke during the public comment portion of the meeting, many of whom defended Garth and criticized county staff for failing to “offer any accommodations” to help him the bureaucratic process.
“Charles is not made for bureaucracy,” said one speaker, who did not identify himself. “He’s taken everything you’ve told him to heart. More than half the [residents] are gone. There’s only, like, [ten] people there still. … He tried to do the testing, he just did it wrong because he doesn’t know what he’s doing, and there’s no accommodation for him. The man’s trying his best.”
An annoyed Garth spoke as well, calling “this whole thing a mess” and asking for “a new deal.” He accused the Board of Supervisors of failing to amend county code to accommodate his request for an Alternative Lodge Park.
“I needed … your Emergency Shelter Ordinance changed so that my [agriculture zoning designation] would fit, even though originally I was told that [it] was being passed for my property. You excluded intentionally,” Garth claimed. “I did put up a bunch of money, but I never hear about that. Where did that disappear to?”
“Come on, you guys, I’m doing the right thing,” he continued. “Your director has already stated numerous times that there’s no way to build affordable housing. I can build affordable housing all day long — until the cows come home! I can build it, just let me do it. … Give me a shovel, don’t take it away.”
Following public comment, Ford said staff were not aware that only ten people were living at the property. In such a case, the county may not require the property to be rezoned, but the permitting requirements still stand, he said.
Ford also disputed several claims made by Garth and some of the other speakers, noting that the board did modify the county’s Tiny House Village and Emergency Housing Village Ordinances to accommodate the proposed Alternative Lodge Park. He added that he has consistently responded to emails from Garth and, until today, was not aware that he required additional accommodations from staff.
“It is helpful to see Evergreen Non-Profits here and willing to engage in this discussion,” he continued. “I think you know this, but the struggle with this is that [it] has been going on for a long, long time. I’m sympathetic if Mr. Garth has a need for accommodation. I was not aware of that before today. That’s never been mentioned. We do always try to work with people, and we are always willing to go out into the field and identify areas, identify limitations and discuss what can and can’t be done.”
First District Supervisor Rex Bohn began the board’s discussion with a sarcastic comment on the decades-long effort to bring the property into compliance. “Let’s give them another year,” he said. “No, I’m kidding.”
Bohn credited Garth for removing some of the junk vehicles from his property, but accused him of dumping them “in the middle of Loleta, right on the main drive.”
“We need to cut the cord [and] clean it up,” Bohn said. “This has been [going on for] 30 years. … It’s time to do the right thing and clean up the property for our area. And this ‘qualified’ person that did the wet weather testing … it’s a 10-acre parcel. How do you go off-site to do your wet weather testing in an area that isn’t qualified? I am more confused now than ever, but in all reality, we have tried.”
“It doesn’t matter if it’s a non-profit or not,” he added. “And I apologize, I know a lot of the non-profits, [but] I’ve never heard of Evergreen.”
The rest of the board seemed unfamiliar with Evergreen Non-Profits and confused by the recent property acquisition. Third District Supervisor Mike Wilson said he wasn’t sure how the board should proceed with a new owner involved.
“I don’t understand how obligated … we are to move forward with a new owner under the constructs and discussions we’ve had before, because we didn’t make those agreements with the new owner,” Wilson said. Under the new ownership, Evergreen Non-Profits would be responsible for the on-site violations and Garth would remain responsible for the fines owed to the county, which are estimated at $100,000.
Wilson asked the property owner when the Evergreen Non-Profits was formed and what its mission is. Ng said it was formed in 2002, though state records indicate it was established in 2022.
“We created this non-profit, in lieu [sic] of the wildfires in the past, trying to come up with a solution on using land mainly to help in the nurseries for trees burned by the wildfires,” Ng said. “We’re trying to have land be used to grow saplings for planters to replant old burns.”
“Cool,” Wilson responded. “What does this property have to do with your mission?”
“Our mission is to find land that has redwood trees that we can … gather their seedlings and create kind of a workforce development. We can have workers learn tree climbing to go into the trees to gather the redwood seeds. We went to CalFire, and we took a course on seed collection, and we found out there was a market in seed collection.”
Wilson acknowledged that seed collection and regrowing the forest “is a wonderful thing,” but said he was confused as to how the non-profit’s mission tied into Yee Haw’s goals of providing affordable housing for its residents. Ng envisioned the property as a “training facility” where staff working on seed collection would work and live.
Still confused, Wilson asked Ford how the proposed training facility would fit in with the current land use designation and how the board should proceed.
“Well, it is confusing because this is all new information,” Ford said, appearing annoyed. “This is all completely new information in a completely different direction. It’s not an entirely bad direction, but it is a huge change.”
Turning back to Ng, Wilson asked if the non-profit owned any properties or assets. Ng said he had applied for a $15 million CalFire grant before the state shifted priorities away from nursery development and toward transportation development. “I’ve been finding sponsors and people in the community, and I’ve been just gathering more resources,” he said. “I come to you today to ask for your resources and your advice.”
Fifth District Supervisor Steve Madrone expressed frustration over the whole ordeal, noting that he wished Garth would just “pay the fines and the fees like he said he would.” He praised the new property owner for stepping in to clean up the property but asked why it couldn’t have happened sooner.
“It’s always bothersome to me that at the 12th hour, when these actions finally happen after years — if not a decade or more of work — suddenly everybody’s up in arms, saying, ‘The county’s being brutal, the county’s doing this, the county’s doing that,’ and then everybody wants to jump in and help,” Madrone said. “Well, where were they earlier in the process when that could have actually made a difference? … If everybody cares so much about all this, why not step up and deal with all that?”
Madrone noted that “many residents” at Yee Haw did step up and tried to help Garth clean up the property, but said it was still up to the owner to address the code enforcement violations.
“Regardless of the code issues, it is still a whole lot safer place to be than out on the streets. I don’t know anybody that would disagree with that, but it doesn’t mean we can look the other way,” he continued. “When there’s complaints and there’s issues with compliance and codes, if we look the other way then we can become liable, which is a really irresponsible use of our taxpayer dollars that fund us.”
Seeking additional clarity on the organization of Evergreen Non-Profits, Madrone asked Ng what his position was on the board. Ng said he is the financial officer and Garth’s son, the person listed as the creator of the non-profit, is the CEO.
“It’s quite a tangled web, frankly speaking,” Madrone said, to which Ng interjected, “It’s not tangled.”
After a bit of additional discussion, Bohn made a motion to give the property owner 14 days to clean up the property before sending code enforcement to abate the site. However, Ford said a detailed motion wasn’t necessary, given staff’s recommendation listed in the staff report.
Before voting on the item, Board Chair Michelle Bushnell said, “I’m in agreement with my colleagues. I don’t think kicking this down the road is going to get us what we need.”
Bohn made a motion to receive and file the report. The action was seconded by Board Chair Michelle Bushnell and passed in a 5-0 vote.
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PREVIOUSLY:
- TODAY in SUPES: County Looks to Rein in Yee Haw, the Trinidad-Area Commune With a Long History of Health and Safety Code Violations
- County Supes Approve Civil Penalties on ‘Yee Haw’ Communal Living Property Near Trinidad
- (VIDEO) Humboldt County Officials Serve Inspection Warrant at Yee Haw Communal Living Property Near Trinidad
- TODAY in SUPES: Inspection Reveals ‘Urgent Safety Risks’ From Exposed Sewage at Yee Haw Communal Living Property
- TODAY in SUPES: With Some Apprehension, Board OKs Potential Path to Legitimacy for Yee Haw Communal Living Property