HomeMy WebLinkAbout01-04-2022_NoticeofDecisionPartOne_FerrisCity of San Luis Obispo, Police Department, 1042 Walnut Street, San Luis Obispo, CA, 93401-2729, 805.781.7317, slocity.org
Cc: Finance
January 4, 2022
Warren Ferris
Ferris Richard W & Sharliss S Trust
2146 Parker St, Suite C-2
San Luis Obispo, CA 93401
Via: First Class Mail & Certified Mail
Email: admin@sdrs.biz
Re: APPEAL OF ADMINISTRATIVE CITATION #25409 – UPHELD IN PART
Dear Mr. Ferris,
At your Administrative Citation appeal hearings on November 29, 2021 and December 13,
2021, the Construction Board of Appeals reviewed the evidence submitted as part of your
appeal. On January 4, 2022 the Board adopted a Resolution titled the following:
A RESOLUTION OF THE CONSTRUCTION BOARD OF APPEALS
OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING, IN
PART, THE APPEAL OF WARREN FERRIS, ON BEHALF OF THE
RICHARD W. & SHARLISS S. FERRIS TRUST, AND UPHOLDING,
IN PART, ADMINISTRATIVE CITATION NO. 25409, AND
CONTINUING HEARING ON THE REMAINING VIOLATIONS TO A
DATE TO BE DETERMINED.
Specifically, the Board held:
Based on the findings, documentation, and information submitted in support thereof,
the Board does hereby deny, in part, the appeal of Warren Ferris, on behalf of the
Ferris Richard W & Sharliss S Trust, and uphold, in part, the Administrative Citation.
The violation of Municipal Code Section 15.02.010 (California Building Code Section
105.1) for an unpermitted retaining wall, and for violation of Municipal Code Section
15.02.010 (California Building Code Section 105.1) for an unpermitted alteration and
use of storage container buildings for occupancy are being upheld, while the Board
hereby continues hearing and decision on the remaining cited violations identified in
the Administrative Citation; specifically, hearing on the cited violation of Municipal
Code Section 12.23.030 (prohibited activities in a creek) and the cited violation of
Municipal Code Section 17.70.030(E) (creek setback dimensions) is being continued
to a date to be determined following the January 2022 meeting scheduled between
Appellant, City staff, the San Luis Obispo County District Attorney’s Office, the
California Department of Fish and Wildlife, the California Water Board and the
United States Army Corps of Engineers, regarding compliance with local and state
code on Appellant’s property located at 4080 Horizon Lane, San Luis Obispo, CA
93401.
The fines for the two violations the Board upheld (two violations of Municipal Code Section
15.02.010), totaling $200.00, are now due. An additional Notice of Decision will be sent for
the remaining violations once a decision is reached by the Board.
This Resolution is the City of San Luis Obispo’s final administrative decision, under
Municipal Code Section 1.24.140(A), on the Administrative Citation. A person contesting this
decision may do so in either of two ways. First, pursuant to California Government Code
Section 53069.4(b)(1), within 20 days after the service of this Resolution, a person contesting
this decision may seek review by filing an appeal to be heard by the Superior Court of the
County of San Luis Obispo. Alternatively, a person contesting this decision may file a petition
for writ with the Superior Court of the County of San Luis Obispo. The time within which the
petition must be filed, and the applicable requirements are governed by the California Code
of Civil Procedure. Either the appeal or the petition for writ filed with the court must contain
proof of service showing a copy of the appeal or petition for writ was served upon the city
clerk. The petitioner must pay the superior court the appropriate court filing fee when the
appeal or petition is filed.
Unless you file an appeal with the San Luis Superior Court, your fine amount is due to
be paid no later than thirty days from the date of this letter. You may mail a check or
money order made out to “City of San Luis Obispo,” or call in a debit/credit card to the
Finance department at 805-781-7436. Make sure to have the citation number ready when
you call. If mailing, mail the check to: Finance Dept., 990 Palm St, San Luis Obispo, CA
93401. If payment is not received within thirty days, the matter will be turned over to the
City’s collection agency.
Sincerely,
John Hollander
John Hollander
Legal Assistant
City Attorney’s Office
PROOF OF SERVICE
- 1 -
PROOF OF SERVICE
STATE OF CALIFORNIA; COUNTY OF SAN LUIS OBISPO
I am employed in the County of San Luis Obispo, State of California. I am over the age of
18, and not a party to the within action. My business address is 990 Palm Street, San Luis Obispo,
California 93401.
On August 25, 2021, I caused the foregoing document described as NOTICE OF
ADMINISTRATIVE APPEAL HEARING DECISION to be served on the interested parties in
this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows:
Warren Ferris
Ferris Richard W & Sharliss S Trust
San Luis Obispo, CA 93401
Email: admin@sdrs.biz
[X] By United States Mail: I enclosed the documents in a sealed envelope addressed as
indicated above. I am readily familiar with the office’s practice of collection and
processing documents for mailing. It is deposited with the U.S. postal service on that same
day in the ordinary course of business. I am aware that on motion of the party served,
service is presumed invalid if the postal cancellation date or postage meter date is more
than one day after the date of deposit for mailing in affidavit.
[X] By Certified United States Mail: I enclosed the documents in a sealed envelope
addressed as indicated above. I completed and attached to the envelope the additional
form required for this type of delivery. I am readily familiar with the office's practice of
collection and processing documents for mailing. It is deposited with the U.S. postal
service on that same day in the ordinary course of business. I am aware that on motion
of the party served, service is presumed invalid if the postal cancellation date or postage
meter date is more than one day after the date of deposit for mailing in affidavit.
[X] By E-mail: I caused this document to be transmitted via e-mail to the e-mail address listed
above.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on January 4, 2022, at San Luis Obispo, California.
_____________________________
John Hollander