HomeMy WebLinkAbout2023-12-21 Email_Redacted1
Mezzapesa, John
From:Mezzapesa, John
Sent:Thursday, December 21, 2023 4:02 PM
To:
Subject:RE: A citation...?
Hi ,
All citations were sent by both certified and regular mail and the most recent citation was also posted on site
along with all previous citations for reference. Per the city’s administrative citation guidelines, if a notice that is
sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to the regular mail,
provided the notice that was sent by regular mail is not returned. In your instance, no regular mail was ever
returned.
Our office is prepared to provide proof of service should any hearing be held regarding the cited violations.
Do you have a timeline on removal of the sheds from the required setback?
John Mezzapesa
Code Enforcement Supervisor
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3668
E jmezzapesa@slocity.org
T 805.781.7179
From:
Sent: Wednesday, December 13, 2023 3:42 PM
To: Mezzapesa, John <JMezzape@slocity.org>
Subject: Re: A citation...?
John,
It appears that my response did not get sent.
I'll try again. I can see the the three citations attached on your email. What I would also like to see is the "proof of
service" receipts.
As far as I can ascertain, I have never been notified by you or your staff regarding additional citations.
I would have appealed immediately as I did in the spring. However at that time you quashed the citation and that was
not necessary.
2
The simple principles of any action taken, require proof that all parties are notified before any hearing can be held. To
that end you have not met that burden. I was never notified.
I would suggest you check with counsel.
Thank you for your attention,
On Thu, Nov 16, 2023 at 9:36 AM Mezzapesa, John <JMezzape@slocity.org> wrote:
Hi
Nick let me know that I missed you at the front counter yesterday. I apologize for the delay in getting back to
you, it’s been a hectic couple of weeks for me.
I am aware of the issued citations regarding the remaining violations at your property. It appears that the
remaining violation is regarding the sheds within the required setback on the side of your property. My
recollection of our previous conversation at the counter was that you disagreed with the setback violation and
did not intend to move the sheds. I advised that you would have the opportunity to appeal these violations
upon the issuance of a citation. At the time we spoke you indicated that you understood your right to appeal
and would be waiting for the citation in order to appeal it.
After verifying that the sheds were not relocated by the new compliance date we discussed at the counter,
Nick has inspected the property from the right of way multiple times and as a result of continued violations has
issued three citations on 7/11/23, 8/2/23 & 10/31/23 (attached to this email). Each citation has a 10-day
window for appeal to a hearing officer. The most recent citation was issued on 10/31 so all windows to appeal
previous citations have passed. The fines assessed in all three citations total $1,600 and are required to be
paid as soon as possible.
I just want to make it clear that our determination regarding the setback violation is final and we will continue
to issue citations until compliance is achieved. You’re only avenue of appeal is through the citation appeal
process. Unfortunately, you will need to wait for the next citation to be issued to appeal the violations. I will
ask Nick to let me know when that citation is issued, and I will email you directly with instructions on how to
appeal so we can maximize your opportunity to submit the appeal on time.
Let me know if you have any questions. I would prefer we communicate in writing to document our
conversations.
4
I was hoping to schedule an appointment with you, (possibly today as mentioned in my phone call) or upon
my return.
thank you for your attention.