Judges side with Sonoma County in dispute over cars on rural Petaluma property

Randy Jensen calls the more than 200 vehicles parked on his mother’s Petaluma ranch a classic car collection.

Sonoma County code enforcement officials say it’s an illegal junkyard.

The difference of opinion, which led to nine years of litigation and thousands of dollars in fines, was resolved this week with an appeals court ruling in favor of the county.

First Appellate District justices ruled that Jensen and his mother, landowner Rosemary Jensen, were properly cited for having too many nonrunning vehicles and must pay costs including about $11,000 in fines and removal fees.

The court rejected claims that the county violated the Jensens’ rights by denying them a fair hearing or relying on a flawed review of the evidence.

“To the extent the plaintiffs are arguing they have a fundamental right to keep on their property as many nonoperational vehicles as they wish in whatever condition they wish, they have failed to point to any supporting authority,” the three-judge panel wrote.

The Jensens did not return a call Friday.

The case was among the longest-running vehicle cases for county officials concerned about groundwater pollution caused by abandoned cars.

Ben Neuman, a senior code enforcement manager, said the owners of 57 properties in the unincorporated area are in current violation of laws prohibiting the outdoor storage of inoperative vehicles.

It was unclear just how many of them led to lawsuits.

Neuman said it’s an issue because gas, oil and chemicals from the often-?rusting cars and trucks seep into the ground and can cause contamination in areas served largely by wells.

“Non-operative vehicle storage yards are a common problem in the county,” Neuman said.

A tip from a neighbor in 2006 led code enforcers to the Jensens’ ranch on Sonoma Mountain Road where they found the 200 vehicles, 10 commercial trailers, three tow trucks and two forklifts bearing the name, “Jensen Automotive.”

The county ordered the family to remove the cars but it responded a few months later that Randy Jensen planned to get building permits to house the cars he inherited mostly from his late father. Rosemary Jensen said the collection dated back to the mid-1950s.

In fact, in 2008, at an abatement hearing, the Jensens claimed the family had been collecting cars on the property for 60 years, well before county codes were adopted in 1974 making it illegal to store such nonworking cars.

But the hearing officer questioned the claim, pointing to aerial photos taken in 1980 showing no evidence of a “grandfathered” collection. On the contrary, evidence showed the number of vehicles had grown significantly since that time, the appeals ruling said.

The Jensens were fined $8,200, plus about $3,000 in abatement fees. They responded with a federal lawsuit, alleging violations of their right to free speech, against unreasonable search and seizure and against excessive fees.

The federal court sided with the county, as did a state court in a similar action filed later.

The Jensens appealed, challenging the initial hearing officer’s decision and fees, but had their claims were denied in Thursday’s appeals ruling.

However, the vehicles remain on the property today. A Google Earth satellite image shows cars and trucks in neat rows next to a house and outbuildings.

The county is expecting to seek a court order to remove them, officials said.

You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com. On Twitter ?@ppayne.