HomeMy WebLinkAbout163 Serrano-Fine updateJohn Rourke
163 Serrano Heights Dr.
San Luis Obispo, CA, 93401
December 20, 2021
Subject: Illegal Pruning at 163 Serrano
Mr. Rourke:
On October 20, 2021, the City of San Luis Obispo (City) sent you a Notice of Violation for the illegal pruning of Oak trees on your property at 163 Serrano Heights. A civil penalty
and ISA Cost Worksheet was included with that correspondence.
San Luis Obispo Municipal Code 12.24.170 determines the civil penalty amount based on the activity in which the violation occurred. When staff originally calculated the civil penalty,
it was erroneously calculated under 12.24.170(A)(3). After further discussions, the City recognizes the appropriate Municipal Code section for calculating the civil penalty is 12.24.170(A)(1).
Although the property was recently subdivided, the pruning that occurred was not associated with development of the subdivision. Therefore, the assessed civil penalty has been recalculated
in accordance with the appropriate code section at two times the value of the tree, as opposed to four times the value of the tree. So, the updated civil penalty for violation of San
Luis Obispo Municipal Code 12.24.150(A)(1) is $8,020 as calculated by section 12.24.170(A)(1). Please see the enclosed ISA Cost Worksheet for further details.
The City has received and acknowledged your appeal of the violations and civil penalty. Understanding you have also submitted an associated request for public records and wish to postpone
your appeal hearing until all non-exempt records responsive to your request have been produced, the City will not proceed with preparations for the appeal hearing. When informed by
the City Clerk that your request for records is complete, staff will resume planning for the hearing. The City’s Finance Department has placed collection of the civil penalty on hold
until a decision on the appeal has been issued.
Please respond within 10 days of the date of this letter confirming (1) your desire to continue with your appeal and (2) your waiver of a timely hearing in order to receive your requested
public records.
Should you choose to withdraw your appeal, and pay the updated civil penalty amount of $8,020, please inform the City Clerk’s Office at cityclerk@slocity.org so City staff can be informed
and your appeal fee can be refunded. Please feel free to contact me with any questions.
Sincerely,
Anthony Whipple
Acting City Arborist
Cc: City Attorney’s Office, City Clerk
Enclosure: Updated ISA Cost Worksheet