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Home My WebLink About2024 03 27 ARB PacketAdministrative Review Board AGENDA Wednesday, March 27, 2024, 3:30 p.m. Council Hearing Room, 990 Palm Street, San Luis Obispo SPECIAL MEETING OF THE ADMINISTRATIVE REVIEW BOARD The Administrative Review Board holds in-person meetings . Zoom participation will not be supported at this time. INSTRUCTIONS FOR PUBLIC COMMENT: Public Comment prior to the meeting (must be received 3 hours in advance of the meeting): Mail -Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401. Email -Submit Public Comments via email to advisorybodies@slocity.org. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting. Voicemail -Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. All voicemails will be forwarded to the members and saved as Agenda Correspondence. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to members, however, submissions received after the deadline may not be processed until the following day. Public Comment during the meeting: Meetings are held in-person. To provide public comment during the meeting, you must be present at the meeting location. Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at cityclerk@slocity.org or (805) 781-7114. 1. CALL TO ORDER Chair Karlin will call the Special Meeting of the Administrative Review Board to order. 2. CONSENT Matters appearing on the Consent Calendar are expected to be non- controversial and will be acted upon at one time. A member of the public may request the Administrative Review Board to pull an item for discussion. The public may comment on any and all items on the Consent Agenda within the three-minute time limit. 2.a CONSIDERATION OF MINUTES -MARCH 6, 2024 ADMINISTRATIVE REVIEW BOARD MEETING Consideration of the minutes of the Administrative Review Board meeting of March 6, 2024. Recommendation: Approve the Administrative Review Board Minutes of March 6, 2024. 3. BUSINESS ITEMS 3.a Administrative Citation Appeal Review and decide on the appeal submitted by appellant Alex Mclachlan who was charged as the owner of the property at 657 Howard Street for Community Development Department issued Administrative Citation #00034623. 4. APPEALS Any decision of the Administrative Review Board is final unless appealed to the Superior Court. Filing for de nova review must happen within 20 days of the Board's decision pursuant to California Government Code Section 53069.4 . To challenge the decision by writ, please refer to California Code of Civil Procedure Section 1094 .5 or consult an attorney . Pages 5 7 5. ADJOURNMENT The next Special Meeting of the Administrative Review Board is scheduled for April 17, 2024 at 3:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo. LISTENING ASSISTIVE DEVICES are available --see the Clerk The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410. Agenda related writings or documents provided to the Administrative Review Board are available for public inspection on the City's website: https://www.slocity.org/government/mayor-and-city-council/agendas-and- minutes. Meeting video recordings can be found on the City's website: https://opengov.slocity.org/Weblink/Browse.aspx?id=61073 Page 4 of 111 Administrative Review Board Minutes March 6, 2024, 3:30 p.m. Council Hearing Room, 990 Palm Street, San Luis Obispo Administrative Review Member Myles Couch, Chair Alex Karlin, Vice Chair Linda Board Members Mielke Present: City Staff Present: Temporary Assistant City Attorney Mark Amberg, Senior Legal Analyst Kelly White 1. CALL TO ORDER A Special Meeting of the San Luis Obispo Administrative Review Board was called to order on March 6, 2024 at 3:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo, by Acting-Chair Karlin. 2. OATH OF OFFICE City Clerk Teresa Purrington administered the Oath of Office to Linda Mielke and Myles Couch, who were appointed to the Administrative Review Board on April 1, 2023. As the Board meets on an as-needed basis, a meeting has not been held since their terms began. 3. ELECTION OF CHAIR AND VICE CHAIR The Administrative Review Board elected the following Members to the position of Chair and Vice Chair for a one-year term: • Chair Alex Karlin • Vice Chair Linda Mielke 4. CONSENT Motioned by Chair Karlin Second by Vice Chair Mielke Motion carried. 1 Page 5 of 111 To approve Consent Item 4a. 4.a CONSIDERATION OF MINUTES -MARCH 4, 2021 ADMINISTRATIVE REVIEW BOARD MINUTES Approved the Administrative Review Board Minutes of March 4, 2021. 5. BUSINESS ITEMS 5.a ORIENTATION AND TRAINING The Board Counsel introduced himself and then proceeded to review, with the Board, the materials posted in the staff report as well as Section 1.24 of the City Municipal Code, California Government Code Section 87100, and the Brown Act. 6. APPEALS Any decision of the Administrative Review Board is final unless appealed to the Superior Court. Filing for de novo review must happen within 20 days of the Board's decision pursuant to California Government Code Section 53069.4. To challenge the decision by writ, please refer to California Code of Civil Procedure Section 1094.5 or consult an attorney. 7. ADJOURNMENT The meeting was adjourned at 4:34 p.m. The next Special Meeting of the Administrative Review Board is scheduled for March 27, 2024 at 3:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo . APPROVED BY ADMINISTRATIVE REVIEW BOARD: XX/XX/202X 2 Page 6 of 111 ~CITYOF ..,, SJIIlLUIS OBISPO Meeting Date: March 27, 2024 Item Number: 3A ADMINISTRATIVE REVIEW BOARD AGENDA REPORT SUBJECT: Appeal of Administrative Citation for Setback Violation. PROJECT ADDRESS: 657 and 659 Howard St. BY: Nick Buckley, Code Enforcement Officer Phone Number : (805) 783-7872 E-mail: nbuckley@slocity.org FROM: John Mezzapesa, Code Enforcement Supervisor RECOMMENDATION: Uphold the Administrative Citation for violations of setback requirements . SITE DATA Appellant Alex McLachlan, Property Owner Zoning R-2 Appeal February 8, 2024 Submittal General Plan N I A Site Area -.145 Acres Code Violation SLO Municipal Code § 17. l 8.020[B] SUMMARY On December 15, 2022, Code Enforcement staff received a request for field investigation alleging multiple land use and/or building code violations at on parcel number 001-122-017. Addresses associated with this parcel are 657 Howard and 659 Howard. Staff requested an inspection of the property; initially, the property owner agreed to an inspection. (See Attachment D.) However, the property owner stated that staff may conduct the inspection from the street. A Notice of Violation was issued on January 20, 2023, citing multiple land use violations. Fencing located on the southern property boundary was found in violation of city fence heigh regulations, San Luis Obispo Municipal Code ("SLOMC") 17.70.070[C]. Sheds were observed within the required side setback of the property in violation of city zoning regulations, SLOMC 17.18.020[B]. A shipping container was observed in the driveway in violation of city screening regulations, SLOMC Page 7 of 111 Item 3A 17. 76.100[ 4b]. The property owner failed to correct the violations by the date stated in the Notice. An Administrative Citation was issued on March 23, 2023. The Notice of Violation issued on January 20, 2023, and the Administrative Citation issued on March 23, 2023, were rescinded on March 30, 2023, by John Mezzapesa (Code Enforcement Supervisor) as a result of a meeting at the front counter with the property owner. Staff issued a new Notice of Violation on March 30, 2023, citing the same code violations as the previous Notice of Violation. The property owner failed to correct the setback violations by the date stated in the subsequent Notice of Violation, so staff issued Administrative Citations beginning July 11, 2023 . The first three Administrative Citations, issued over the course of July 11, 2023, through October 31, 2023, were not contested or appealed by the property owner. The Fourth Administrative Citation, issued on February 2, 2024, was appealed on February 8, 2024. (Attachment S.)1 The Notice of Hearing was sent to the property owner by the City Attorney's Office on March 7, 2024 (Attachment T.) 1.0 BOARD'S PURVIEW The role of the Administrative Review Board is to either uphold or revoke the administrative citation based upon a conclusion of whether the violation occurred. (SLOMC 1.24 .130 .) 2.0 PROJECT INFORMATION 2.1 Site Information/Setting Site Size Present Use & Development Access Surrounding Use/Zoning 2.2 Background December 12, 2022 ~.145 Acres R-2 (Medium density residential) Howard St North: R-2 (Medium density residential) South: R-2 (Medium density residential) East: R-2 (Medium density residential) West: R-2 (Medium density residential) United States Highway 101 North Staff conducted an inspection at the neighboring property 667 Howard St in response to grading and drainage concerns. Staffs inspection occurred with permission and cooperation from the property owner of 667 Howard Street. Photos taken from the backyard of 667 Howard Street also depict property conditions at 657 Howard Street (Attachment A). December 14, 2022 Staff conducted another inspection at 667 Howard St to further evaluate the drainage concerns and 1 While property owner 's appeal form included all four administrative citation numbers, the appeal is timely only as to Administrative Citation #0034623, issued February 2 , 2024 . Administration Citations #00032584 , 0032844, and 0033725 are deemed final. (SLOMC 1.24 .l00(A).) Page 8 of 111 Item 3A confirm drainage controls were installed. Photos taken from the backyard of 667 Howard Street also depict property conditions at 657 Howard Street (Attachment B). December 15, 2022 Reporting party came to the Community Development Department (CDD) counter to submit a complaint citing multiple alleged violations (Attachment C). December 20, 2022 Staff sent an email to property owner, Alex Mclachlan, requesting a site inspection (Attachment D). January 9, 2023 Staff received an email from the property owner stating, among other things, that he was advised by his counsel to inform staff to conduct any inspections from the street (Attachment E). January 19, 2023 Staff confirmed from the public right of way, three violations of the San Luis Obispo Municipal Code occurring on the property located at 657 Howard Street, including those that were viewable from the backyard of 667 Howard Street during the previous inspections thereof. January 20, 2023 Staff sent a Notice of Violation to the property owner via certified and first-class mail. The Notice of Violation cited violations of the following code sections: SLOMC 17.70.070[C], SLOMC 17.18.020[B], and SLOMC 17.76 .10[4b] (Attachment F). The Notice apprised property owner of their right to request a Director's Review. February 28, 2023 Staff conducted a follow up inspection from the public right of way and confirmed the property was still in violation of the municipal code sections cited in the Notice of Violation sent on January 20, 2023 (Attachment G). March 23, 2023 Staff conducted a follow up inspection from the public right of way and confirmed the property was still in violation of the municipal code sections cited in the Notice of Violation sent on January 20, 2023 (Attachment H). An Administrative Citation was drafted and sent via certified and first-class mail (Attachment I). March 28, 2023 Property owner came to the front counter with the Administrative Citation and stated he did not receive a Notice of Violation and wanted to speak with Code Enforcement Supervisor, John Mezzapesa. March 30, 2023 John Mezzapesa met with the property owner at the front counter of CDD to discuss the violations and notice/citation. The property owner stated he was unaware of the violations until he received the Administrative Citation. The property owner also suggested that he was willing to comply with municipal code and requested the Notice of Violation dated January 20, 2023, and the Administrative Citation dated March 23, 2023, be rescinded, and voided. John Mezzapesa agreed but advised property owner that he would be issued a new Notice of Violation, with an extended compliance Page 9 of 111 Item 3A date of 90 days after issuance . Staff sent a Notice of Violation dated March 30, 2023, certified and first-class mail addressed to "Alex Mclachlan, 657 Howard Street, San Luis Obispo, CA 93401." The Notice cited the same three violations of the municipal code as the previous Notice of Violation. Compliance date set for June 30, 2023 (Attachment J). May 1, 2023 Certified mail tag, acknowledging receipt of the Notice of Violation by property owner, is received by staff (Attachment K). June 29, 2023 Staff met with property owner at the CDD counter and discussed the violations. Property owner stated he believed that the fence height violation and visible storage violation were corrected. He also stated that he would not be moving the sheds out of the setback area and would appeal any citations that he received. July 5, 2023 Staff conducted an inspection and confirmed that fence height had been reduced and a swing gate was installed to screen the visible storage. Per Code Enforcement Supervisor, John Mezzapesa, it was determined that the violations for fence height and visible storage were sufficiently resolved. However, the setback violation remained (Attachment L). July 11, 2023 First Administrative Citation sent by certified and regular first-class mail, to the same address as was sent and which received the Notice of Violation. The Administrative Citation cited a violation of SLOMC 17.18.020[B] (Attachment M). August 2, 2023 Second Administrative Citation sent certified and regular first-class mail, to the same address as was sent and which received the Notice of Violation. The Administrative Citation cited a violation of SLOMC 17.18.020[B] (Attachment N). October 31, 2023 Certified copy of the second Administrative Citation was returned as unclaimed. The copy of the second Administrative Citation sent by regular first-class mail has not been returned to the City. October 31, 2023 Third Administrative Citation sent by regular first-class mail and certified mail, to the same address as was sent and which received the Notice of Violation . (Attachment 0). Staff also posted the third Administrative Citation at the residence with copies of the Notice of Violation, first Administrative Citation, and second Administrative Citation attached (Attachment P). The Administrative Citation cited SLOMC 17 .18.020[B]. December 21, 2023 Email was received by Code Enforcement Supervisor John Mezzapesa from the property owner in response to the third Administrative Citation. The property owner disputed the method of service for the first and second Administrative Citation. John Mezzapesa informed the property owner that the Administrative Citations were served in compliance with Chapter 1.24 of the San Luis Obispo City Municipal Code and the Administrative Citation Guidelines (Attachment Q). Page 10 of 111 Item 3A February 2, 2024 Fourth Administrative Citation was posted on site and sent certified and regular first-class mail, to the same address as was sent and which received the Notice of Violation. The Administrative Citation imposed daily fines in the amount of $1,000 per day for violations of SLOMC 17 .18 .020B existing on the dates of January 15 th through January 30 th . Staff mistakenly dated the Administrative Citation "January 15 -30, 2023"; it should have been dated January 15 -30, 2024 (Attachment R). February 8, 2023 Staff was informed by the City Attorney's office that the property owner submitted an appeal of the Administrative Citation, to be heard by the Administrative Review Board . (Attachment S.) February 12, 2024 The fourth Administrative Citation was signed and returned. (See Attachment R.) 2.3 Appeal In the Administrative Citation Appeal Form, the property owner/appellant refuted the legitimacy of the Administrative Citation for multiple reasons, including staffs alleged "fail[ ure] to properly serve or notify property owner." Of appellant's seven stated reasons for appeal, none appear to dispute the presence of structures within the property setback area. Appellant has not provided staff with proof of correction of the violation. 3.0 APPEAL EVALUATION The sole remaining violation at issue in this appeal is property owner's placement of structures within the rear and side and property setbacks, in violation of SLOMC 17.18.020(B). 3.1 Consistency with Zoning Regulations The property in question is zoned as medium density residential (R-2). The side and rear property line setback requirements for properties located in R-2 zoning is five feet. The sheds are located within the five-foot setback area along the southern property line. While San Luis Obispo Municipal Code sections 17.70.170 (C) and (D)(l) provide a number of exceptions to the setback requirements, including a list of allowed projections into the required setback, the contested structures within property owner's setback area do not fall into any of those categories, and staff has found no record of property owner applying for or obtaining a discretionary exception per SLOMC 17. 70.170(0)(2). SLOMC 17. I 8. 020B -Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-2 zone shall be as set forth in Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-4: R-2 Zone Minimum Interior Side and Rear Setbacks and Building Height. Page 11 of 111 Table 2-7: R-2 Zone M i nimum Interior Side and Rear Setbacks Maximum Building Height Minimum Requ i red Setback A po int this high on t he roof of a bu ilding : Mus t be at least this far f rom t he pro pert y line : 1-12 feet 5 fee t (minimum se tback) 13-15 feet 6 fee t 16-17 feet 7 fee t 18-19 feet 8 fee t 20-22 feet 9 fee t 23-24 feet 1 o fee t 25-26 feet 11 fee t 27 -28 feet 12 fee t 29 -31 feet 13 fee t 32-33 feet 14 fee t 34-35 feet 15 fee t Figu re 2-4 . R-2 Zone Min imum Inte rior Side and Rear Setbacks and Bu ilding He ight B setback plane line ~ U"I 35 ft . 24 ft . 12 ft . Oft. ~ 0 Item 3A Page 12 of 111 Item 3A 4.0 CONCLUSION In December of 2022, staff received a complaint citing multiple potential code violations at 657 Howard . An investigation was initiated, and inspections were completed from the public right of way. In January of 2023, a Notice of Violation was sent to the property owner, and in March of 2023, an Administrative Citation was issued after the owner failed to correct the violations. The Notice of Violation and Administrative Citation were rescinded by the Code Enforcement Supervisor as a result of a meeting with the property owner. A new Notice of Violation was sent to the property owner on March 30, 2023, with a 90-day deadline as requested by the property owner. The property owner assured code enforcement staff that the violations would be corrected within the 90-day deadline. Two of the code violations cited on the Notice of Violation were deemed to be corrected prior to the 90-day deadline. However, the violation of setback requirements persisted. Staff continued to conduct inspections from the public right of way and sent multiple Administrative Citations to the property owner via certified and regular first-class mail service, the most recent being February 2, 2024. To date, Code Enforcement staff has not received evidence that the violation has been resolved. 5.0 ATTACHMENTS A. Inspection photos 12/12 /22 B. Inspection photos 12/14/22 C. Initial request for investigation D. Email to property owner 12 /20 /22 E. Email to property owner 1/9 /23 F. Notice of Violation 1/20 /23 G. Inspection photos 2/28 /23 H. Inspection photos 3/23 /23 I. Admin Citation 3/23 /23 J. Notice of Violation 3/30 /23 K. Certified receipt 5/1/23 L. Inspection photos 7 /5/23 M. Administrative Citation 7 /11/23 N. Administrative Citation 8/2/23 0. Administrative Citation 10/31/23 P. Photos of Administrative Citation posting 10/31/23 Q. Email with property owner 12 /21/23 R. Administrative Citation 2/2/24 S. Administrative Citation Appeal Form 2/8/24 T. Notice of Hearing 3/7/24 [SUBJECT TITLE, IN ALL CAPS, NO BOLDING] Page 13 of 111 Page 14 of 111 ~.\J'tc.l!~~:~ ~ . M~~"l-,~ " Page 24 of 111 ■ ■ ATTACHMENT C Code Violations at 657 & 659 Howard St F" 1. Items being stored on the roof tops (hoses, cow skulls, rusted metal / framing, etc.) ✓ 2. Numerous sheds (at least 4) in the backyard and 3 are too close to my property line K 3. Shipping container being used as an additional storage facility in the driveway. It has been there at least since we moved here back in July 2022. ~ Lots of junk in the backyard and around the house/hoarding 1' 5. Green mesh privacy fence is falling apart. Metal poles blew wildly during last storm . .A!f."" Road signs in the backyard (possibly stolen?) f.---7. Wooden structure exceeding 12 ft high on back perimeter ~ Dog kennels. 3 noisy dogs constantly barking when outside. Lots of dogpoop and tons of flies (back in the summer warmer months). Is he permitted to run a kennel? He advertises as a breeder. ~ Hot tub does not look in compliance on deck. No secure fence around ✓ backyard. Open top and a child could easily climb/fall into it. 1 0.Trashcan/RecycleNard bins are in the driveway and visible from the street C,\!··111.Mailboxes are on the neighbor's property. 12. Page 29 of 111 Page 30 of 111 ATTACHMENT D Buckley, Nick From: Sent: To: Subject: nick, you are absolutely right. Alex Mclachlan < > Wednesday, December 21, 2022 11 :16 AM Buckley, Nick Re: 667 howard st. while i was out of state, the neighbor received a letter from my attorney. in what i can only describe as an act of anger, the neighbor cut a number of swaths out of the shared hedge. i had to pay to have debris cleaned up in my yard. i have set a "temporary" construction barrier until there is a new fence in place . this is the same technique used by plasters on multi -story stucco placement . it will be removed upon the completion of the neighbors fence. to date, i have had steel mesh fencing removed that was on my property. none of the t-stakes or any of the fencing have been saved. all materials disposed without permission. i have depended on that fencing to contain my dogs, in my yard. i don't want a confrontation the with neighbor. i want his project to be properly permitted, inspected and completed. upon completion i can have the pros come and reestablish vegetation to cover up the fence. anything else i can do to comply and make your job easier, let me know . thank you, alex mclachlan 1 Page 31 of 111 ATTACHMENT D On Dec 21, 2022, at 9:21 AM, Buckley, Nick <nbuckley@sloc ity.org> wrote : Greetings Alex, I appreciate your willingness to be proactive . There is one thing that you could address prior to the inspection, which is the fence . Judging from our previous conversations, I understand that you are familiar with the fence height regulations. Currently the fence that is on your property is over 6 feet tall and is a violation San Luis Obispo Municipal Code. I would prefer to conduct an inspection prior to discussing any other alleged violations . Sincerely, Nick Buckley Code Enforcement Officer <image001 .png> Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E nbuckley@slocity.org T 805 .783 .7872 slocity.org 2 Page 32 of 111 ATTACHMENT D <image002.png><image003.png><image004.png> Stay connected with the City by signing up for e-notifications From: Alex Mclachlan< Sent: Wednesday, December 21, 2022 9 :01 AM To: Buckley, Nick <nbuckley@slocity.org > Subject: Re: 667 howard st. Thanks Nick, i was going to stop by and ask what codes are in contest. hoping that i might be able to work on coming into compliance before your return to the now "infamous Howard st" .. lol can you share with me the item(s)? alex mclachlan On Dec 21, 2022, at 8:23 AM, Buckley, Nick <nbuckley@slocity.org> wrote : The Complaint was filed last week . The inspection will have to be after the first of the year as I will not be working next week. Sincerely, Nick Buckley Code Enforcement Officer <image001.png> Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E nbuckley@slocity.org T 805 .783 .7872 slocity.org <image002.png><image003 .png><image004.png> Stay connected with the City by signing up for e-notifications From: Alex Mclachlan< > Sent: Tuesday, December 20, 2022 4:22 PM To: Buckley, Nick <nbuckley@slocity.org > Subject: Re : 667 howard st. sure, curious when these complaints may have been filed. how about after xmas? alex 3 Page 33 of 111 ATTACHMENT D On Dec 20, 2022 , at 10:32 AM , Buckley, Nick <nbuckley@slocity.org> wrote : Thank you for the information. I understand that the property has visited the Community Development Department multiple times to discuss permitting options and requirements . Additionally , I received multiple complaints regarding building and land use code violations on your property (657 Howard). Would you be willing to meet with me on your property so that I can conduct an inspection? Sincerely, Nick Buckley Code Enforcement Officer <image001 .png> Community Development 919 Palm Street, San Luis Obispo, CA 93401-3218 E nbuckley@slocity.org T 805 .783.7872 slocity.org <image002.png><image003.png><image004.png> Stay connected with the City by signing up for e-notifications Page 34 of 111 ATTACHMENT E Buckley, Nick From : Sent: To: Cc: Subject: Alex Mclachlan < t> Monday, January 9, 2023 10:02 AM Buckley, Nick Bultema , Graham ; Avila, Richard ; Nichols, Vanessa ; Mezzapesa , John 667 howard st I This message is from an External Source. Use caution when dec iding to open attachments, click links, or respond . N ic k, w elcome back. i hope y ou r holi day s w e r e enj o y ed i n the best of w ay s. I th i n k it best to bri ng aw areness to the current situati on r egard i ng mud, si lt and w ate r flow onto m y property . the contractor i n charge of the rea r y ar d reta i n i ng w a ll and i ntegrated stone w ork has mov e d i rt spoi ls from the project i nto the front y ard. there are se veral y ards of adobe and mud l ike material at rest the r e. 1 Page 35 of 111 ATTACHMENT E failing to properly treat the stored material to code eg. wattles and silt fencing. the contractor has covered it up, possibly to prevent further saturation. that effort has been for naught. covering the material, with tarps and grading changes has drastically changed the "historical flow" of water onto my property. i have lived here for over 35 years and never had to deal with this type of runoff issue! (note; i believe code prevents covering the front yard with more than 40% of non-permeable material. they have exceeded this.) during the past storms, i have repeatedly had to go out and dig "slit trenches" to redirect the cascading flow down my walkway and 2 Page 36 of 111 ATTACHMENT E into my back yard. this all the result of mr. moody's flagrant disregard for codes and personal liabilities. this mention of disregard for liabilities and personal property was the topic of several conversations 3 Page 37 of 111 ATTACHMENT E with counsel over the holiday period. note; the temporary debris fence is WARRANTED after suffering his actions, that left debris in my back yard. with regard to an appointment to view my property, you may make your inspection from the street. this under the advice of counsel. i have been forthright with my intentions regarding the temporary debris fence. I have been proactive in acknowledging my desire to cooperate. i have also noted, i have a storage container in my driveway. this is to hold my household furnishings while i have my wood floors repaired and refinished, tile floors installed and interior painted. i would be happy to discuss any further issues you feel are germane to this situation and the liabilities that mr. moody continues to generate. as always, thank you for your attention to your ongoing code enforcement action and stop work order at 667 howard st. alex mclachlan 4 Page 38 of 111 Community Development 919 Pa lm Street , San Luis Obispo , CA 93401-3218 805 .78 1.7170 slocity .org January 20, 2023 Alex Mclachlan 657 Howard St Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) San Luis Obispo , CA 93401 SUBJECT ADDRESS: 657 Howard St, San Luis Obispo, CA 93401 Code Case#: CODE-000591-2022 APN: 001-122-017 Dear Property Owner, On December 12th, 2022 , City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Fences, Walls, and Hedges (SLOMC 17.70.070[C)) "Fences, walls or hedges may be placed within required yards, provided they do not exceed maximum height limitations and comply with the following standards: J. The maximum height of a fence, wall, or hedge shall not exceed six feet; except within any front setback, the maximum fence, wall, or hedge shall be as shown in Figure 3-3. No fence , wall , or hedge to be taller than this lin e \ --- /t------------1 Street side property line Minimum required setback or distance between property line and primary building , whichever is less 6 ft. Corrective Action: Reduce the fence height to the allowed fence height according to the fence height standards. 2. Interior Side and Rear Setback Standards (SLOMC 17 .18.020[B]) "The interior side and rear setback standards for the R-2 zone shall be set forth in Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks. Page 39 of 111 ATTACHMENT F Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks Maximum Building Height Minimum Required Setback A point this high on the roof of a building : Must be at least this far from the property line : 1-12 feet 5 feet (minimum setback) Corrective Action: Remo ve all permanent and temporary structures from the rear and side property setback. 3. Screening (17. 76 .100(4bV "Portable on demand storage containers (pods) used for the temporary storage of personal property owned or rented by the occupants may be allowed for a period not to exceed one week." Corrective Action: Remove any storage containers from the property by the compliance date. ALL REQUIRED WORK MUST BE COMPLETED WITHIN 90 DAYS OF PERMIT ISSUANCE. We request that you voluntarily take action to correct the above noted violation(s) no later than 2/21/2022. These violations constitute a public nuisance and must be abated . Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation , the City may seek enforcement by other civil or criminal remedies . Any person having a title interest in the property may request a Director's review of this Notice by completing the enclosed Request for Director's Review Form and submitting it to the Community Development Department via email at code @ slocity.org or to 919 Palm Street, San Luis Obispo , CA 93401 , within five (5) days of the date of this Notice . This Notice shall be deemed final unless you timely file a Request for Director's Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions , please contact the undersigned Officer at (805) 783-7872 or nbuckley@ slocity.org. Sincerely, Nick Buckley, Code Enforcement Officer Cc: Enclosures: Request for Directors Review Page 40 of 111 ATTACHMENT F ca rn □ □ U.S. Postal Service'"' CERTIFIED MAIL® RECEIPT Domestic Mail Only ~ Certified Moll Fee r-=I J] Ira & OOfl/d>«kboit,eddteo as ~:O) 0Rotutn Receipt (hardcopy) $ ____ _ r-=I O Return Receipt (electronic) $ ____ _ □ 0 Cert~led Mall Rest~cted DeUvery $ ____ _ □ □Adult Signature Requln>d $ ____ _ □ 1--=□:!..'.A~d:::u~:_.::S~lg'.:na~tu'.:'."'..'.'.R::est:'.'.~:'.:ted~De=llv::e'.!ry~$;====-l Postmark Here □ Poslago U1 ~$~~~-~~-----------! er otol Poeto go a nd Feoe ,toJ □ PS Fo rm 3800, A p ril 201 5 PSN 7!'>30•02-000-()047 See Reverse f o r lnsl ruction s Page 41 of 111 Page 42 of 111 ATTACHMENT --• - --... ATTACHMENT I Citation No.: 00031451 ADMINISTRATIVE CITATION Community Development 919 Palm Street , San Luis Obispo , CA 93401-3218 805. 781 . 7170 AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE slocity .org [81 1 st Citation D 2 nd Citation D 3 rd Citation D Additional / Daily Fines ADDRESS OF VIOLATION: 657 Howard, San Luis Obispo , CA 93401 APN: 001-122-017 DATE OF VIOLATION: March 23 , 2023 NAME: Alex Mclachlan ADDRESS: 657 Howard , San Luis Obispo , CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC§ 17 .70 .070C Fences, Walls, and Hedges $100 MC§ 17.18.020B Interior Side and Rear Setback Standards $100 MC§ 17 .76 .1004b Screening $50 Amount Due $250 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinque nt after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24 .070 C . The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines . Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo , City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Nick Buckley Signature : _____________ Title: Code Enforcement Officer RELATED CE CASE: CODE-000591-2022 DATE CITATION ISSUED: 3/23/2023 Page 51 of 111 Page 52 of 111 Community Development 919 Pa lm Street , San Luis Obispo , CA 93401-3218 805 .78 1.7170 slocity .org March 30, 2023 Alex Mclachlan 657 Howard St Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) San Luis Obispo , CA 93401 SUBJECT ADDRESS: 657 Howard St, San Luis Obispo, CA 93401 Code Case#: CODE-000591-2022 APN: 001-122-017 Dear Property Owner, On December 12th , 2022 , City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address : 1. Fences, Walls, and Hedges (SLOMC 17.70.070[C)) "Fences, walls or hedges may be placed within required yards, provided they do not exceed maximum height limitations and comply with the following standards: J. The maximum height of a fence, wall, or hedge shall not exceed six feet; except within any front setback, the maximum fence, wall, or hedge shall be as shown in Figure 3-3. No fence , wall , or hedge to be taller than this li ne \ --- /t------------1 Street side property line Minimum required setback or distance between property line and primary building , whichever is less 6 ft. Corrective Action: Reduce the fence height to the allowed fence height according to the fence height standards. 2. Interior Side and Rear Setback Standards (SLOMC 17 .18.020[B]) "The interior side and rear setback standards for the R-2 zone shall be set forth in Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks. Page 53 of 111 ATTACHMENT J Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks Maximum Building Height Minimum Required Setback A point this high on the roof of a building : Must be at least this far from the property line : 1-12 feet 5 feet (minimum setback) Corrective Action: Remo ve all permanent and temporary structures from the rear and side property setback. 3. Screening (17. 76 .100(4bV "Portable on demand storage containers (pods) used for the temporary storage of personal property owned or rented by the occupants may be allowed for a period not to exceed one week." Corrective Action: Remove any storage containers from the property by the compliance date. ALL REQUIRED WORK MUST BE COMPLETED WITHIN 90 DAYS OF PERMIT ISSUANCE. We request that you voluntarily take action to correct the above noted violation(s) no later than 6/30/2023. These violations constitute a public nuisance and must be abated . Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation , the City may seek enforcement by other civil or criminal remedies . Any person having a title interest in the property may request a Director's review of this Notice by completing the enclosed Request for Director's Review Form and submitting it to the Community Development Department via email at code @ slocity.org or to 919 Palm Street, San Luis Obispo , CA 93401 , within five (5) days of the date of this Notice . This Notice shall be deemed final unless you timely file a Request for Director's Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions , please contact the undersigned Officer at (805) 783-7872 or nbuckley@ slocity.org. Sincerely, Nick Buckley, Code Enforcement Officer Cc: Enclosures: Request for Directors Review Page 54 of 111 ATTACHMENT J ..D .Jl Ll1 Ll1 rn □ □ □ □ ::r ~ r-'l l U.S. Postal Service "·' CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ., .. -. :11 1e . ;, . C • . ... " . -I 1#"7, ---I,., Postage $ Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here Rest ricted D elivery Fee mJCi) (Endorsement Required) Total Postage & Fees $ PS For111 3800 . August 2006 See Reve1 se lo, Ins 1, uct1or;s \ I Page 55 of 111 Page 56 of 111 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 6819 1074 0326 76 United States Postal Service • Sender: Please print your name, address, and ZIP+4f> in this box• CITYOFSLO 919 PALM STREET SLO, CA 93401 (Pk -0()~ s;11 -'Jo,.~ IJr,J(J_) C,f✓ ~ l II I, II Ji ii 1111 ll Ill l I' l II Jli i j ,i ilj l p 11 II I 11 Ill ,lrjqgftl ~~jp f 111 ■ Complete Items 1, 2, and '3. ·~ ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: A k ,)" t-"-c.,\~o'-". l~\I) &S1 l+,~"-"£A ~ +-- s~ vi L-~r~ o~rs ~,l;\.-13 9ol □Agent □ Addressee C. Date of Delivery 0. Is delivery address different from Item 1? □ Yes If YES, enter delivery address below: □ No 3. Service Type o Priority Mall Express® II IIIIIII IIII IIIIII I IIIII I I I I 11111111111111111 g ES Resbicted Delwery g ~ =;esbicted ___ 9_5_9_0_9_4_0_2_6_8_1 _9 _1_0_7_4_0_3_2_6_7_6 __ ---1 g ~~!~~!1~ ~wery g ~~==;:~~~ ... 2. Article Number /Transfer from service Jabe/1 □ Collect on Delivery Resbicted Delwery Restricted Delivery 7008 1140 0003 4709 5566 t:J:Resbicled .,J;ij 9e 58 of 111 PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt J Page 66 of 111 ATTACHMENT M Citation No.: 00032584 ADMINISTRATIVE CITATION Community Development 919 Palm Street , San Luis Obispo , CA 93401-3218 805 .78 1.7170 AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE slocity .org X 1st Citation D 2nd Citation D 3rd Citation D Additional / Daily Fines ADDRESS OF VIOLATION: DATE OF VIOLATION: 657 Howard St, San Luis Obispo, CA 93401 APN: 001-122-017 March 30, 2023 NAME: Alex Mclachlan ADDRESS: 657 Howard St, San Luis Obispo, CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC§ 17.18.020 B Interior Side and Rear Setback Standards $100 Amount Due $100 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24 .070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below . Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Nick Buckley Signature: ___________ Title: Code Enforcement Officer RELATED CE CASE: CODE-000591-2022 DATE CITATION ISSUED: 7/11/2023 Page 67 of 111 TTACHMENT M Community Development 919 Palm Street. San Luis Obispo CA 93401-3218 805 781 7170 Declaration of Service and Posting of Notice SUBJECT ADDRESS : 657 Howard St, San Luis Obispo , CA 93401 CASE NO.: Code-000591-2022 Citat ion No .: 00032584 Officer : Nick Buckley I/we , the undersigned , declare that at all times herein mentioned , I/we were and now are a duly authorized employee(s) of the Community Development Department , City of San Luis Obispo , State of California ; that pursuant to Section 1.24 .050G of the San Luis Obispo Municipa l Code (SLOMC), Section 1101.4 of the Uniform Housing Code , or Section 401 .4 of the Uniform Code for the Abatement of Dangerous Buildings , as adopted by Section 15 .02 .010 of the San Luis Obispo Municipa~ode , I/we deposited irµ receptacle for the U.S. Postal Serv ice , in a sealed envelope , postage prepaid , by regular mail , and/or V' certified mail , return receipt requested the following : A Notice to Correct, .,Notice of Violation , ✓ Administrative Citation, Stop-Work Notice , Notice of Hearing, Notice of Proposed Lien , Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of v iolations of the San Luis Obispo Municipal Code ex ist ing on the property and/or of related abatement proceed ings . The above notice was sent to each person hav ing an interest in the property at the ir respective addresses as listed in the Notice , and a copy of the notice was posted at the subject address . I declare under penalty of perjury that the foregoing is true and correct. Executed this 11th day of .J.\!!y, 2023 , San Lu is Obispo , California Officer or clerk effecting serv ice by ¼~· Al , 0l B½:JGI~ ' (Print Name) (Sig~ature) 0 ~ 'J..J../ 7 -I l-2.j (Time/date) Officer effecting service by pos ting : (Print Name) (Signa ture) (T ime /date ) Page 68 of 111 co rtJ rn □ !'- co OFFICIAL Certified Mail Fee ....-'I '""$ _____________ __, ....D Extra Services & Fees (check box, add fee as appropriate) ....-'I D □ □ D Return Receipt {hardcopy) $ _____ _ D Return Receipt (electronic) $ _____ _ D Certified Mail Restricted Delivery $ _____ _ □Adult Signature Required $ _____ _ D Adult Signature Restricted Delivery $ □ Postage U7 1:$,-,.-----------------l Ir Total Postage and Fees □ $ ,...:i Sen/To USE Postmark Here 2-Jl rtJ u-i-1,-. .. vu II'.) ~ Street and Apt. No~c orPOBoxNo,c.:;J:.i ~ cl-P(l1).__ ____ :: City, State, ZIP+4 PS Form 3800, Apnl 2015 PSN 7530-02-000-9047 See Reverse for Instructions Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mail labeO. for an electronic return receipt, see a retail ■ A unique identifier for your "9'\!I~ /\c H 11,as.fljlitll~o1 ~C!JI To receive a duplicat_e ■ Electronic verification of deffl\/ •r a1lelll!I\ I W(!]ll !lif !f r noM tional lee, present this delivery. USPS®-postrnarked Certified Mail receipt to the ■ A record of delivery Oncluding the recipient's retail associate . . . signature) that Is retained by the Postal service™ -Restricted delivery service, whIc_h provides for a specified period . delivery to the addressee specified by name, or to the addressee's authorized agent. Important Reminders: -Adult signature service, which requires the ■ You may purchase Certified Mall service with signee to be at least 21 years of age (not First-Class Mai ie, First-Class Package Service•, available at retail). or Priority Mail• service . -Adult signature restricted delivery service , which ■ Certified Mail service is notavailable for requires the signee to be at least 21 years of age international mail . and provides delivery to the addressee specified ■ Insurance coverage is nor available for p_urchase by name, or to the addressee's authorized agent with Certified Mail service. However, the purchase (not available at retail). of Certified Mail service does not change the ■ To ensure that your Certified Mall receipt is insurance coverage automatically Included with accepted as legal proof of mailing , it should bear a certain Priority Mail items. USPS postmark. II you would like a postmark on ■ For an additional fee, and with a proper this Certified Mail receipt, please present your endorsement on the mailp iece , you may request Certified Mail item at a Post Office™ for the following services: postmarking. If you don't need a postmark on this -Return receipt service , which provides a record Certified Mail receip~ detach the barcoded portion of delivery (including the recipient 's signature). of this label, affix it to the mallpiece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt, Page 70 of 111 complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece; IMP0RTAtre Save this receipt for your records. PS Fonn 3800, April 2015 (Reverse) PSN 7530-02-000-9047 ATTACHMENT N Citation No.: 00032844 ADMINISTRATIVE CITATION Community Development 919 Palm Street , San Luis Obispo , CA 93401-3218 805 .78 1.7170 AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE slocity .org D 1st Citation 181 2 nd Citation D 3rd Citation D Additional / Daily Fines ADDRESS OF VIOLATION: DATE OF VIOLATION: 657 Howard St, San Luis Obispo, CA 93401 APN: 001-122-017 March 30, 2023 NAME: Alex Mclachlan ADDRESS: 657 Howard St, San Luis Obispo, CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC§ 17.18.020 B Interior Side and Rear Setback Standards $500 $ Amount Due $500 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24 .070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below . Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Nick Buckley Signature: ______________ Title: Code Enforcement Officer RELATED CE CASE: CODE-000591-2022 DATE CITATION ISSUED: 8/2/23 Page 71 of 111 Community Development 919 Palm Street San LUIS Obispo CA 93401-3218 805 781 7170 Declaration of Service and Posting of Notice SUBJECT ADDRESS : 657 Howard St, San Luis Obispo , CA 9340 1 CASE NO.: Code-000591-2022 Citat ion No .: 00032844 Officer : Nick Buckley I/we , the undersigned , declare that at all times here in mentioned , I/we were and now are a duly authorized employee(s) of the Community Development Department , City of San Luis Obispo , State of California ; that pursuant to Section 1.24.050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code , or Section 401.4 of the Uniform Code for the Abatement of Dangerous Buildings , as adopted by Sect ion 15 .02 .010 of the San Lu is Obispo Municipa~de, I/we deposited in.,,.a receptacle for the U.S . Postal Service , in a sealed envelope , postage prepaid, by regular mail , and/or 0 certified mail, return receipt requested the following : A Notice to Correct, >iotice of Violation, ✓ Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings . The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice , and a copy of the notice was posted at the subject address . I declare under penalty of perjury that the foregoing is true and correct. Executed this 2nd day of August. 2023 , San Luis Obispo , California (Time/date) Officer effecting service by posting : (Print Name) (Signature) (Time/date) Page 72 of 111 a- l.I") rn □ ["- cO .-'I ..J] .-'I □ D D D 1.11 a- □ .-'I ru D ["- • 1.-,-,., ... ,.1.1,,, .. , .. . -,1.. ... 1--. . ,, 0 F F I C I A L u s E Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) D Return Receipt (hardcopy) $ D Retu rn Receipt (electronic) $ Postmark D Certified Mall Restricted Delivery $ Here D Adult Signature Requi red $ D Adult Sig nature Restricted Delivery $ Postage t-M~~V\ $ Total Postage and Fees e,,r}-e,, $ ::::~:iit~~~¼~J l-pj ----~ 1~ ------f-01)-2-______ ------------------.-------------------------------~' ________ /of __________________ City, State, Z IP+4 PS Form 3800, April 2015 PSN 7530-02--000-9047 See Reverse for Instructions Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mail labeQ . for an electronic return receipt, see a retail ■ A unJque identifier for your '1\illlftllf" AC H l\alJlll!ffliNCf l!Pslfl.Cf._To receive a duplicat_e ■ Electronic vertfication of d~ ,r at e,lip\i I VIJmel:~t fll r nct:lllf1tional fee, present this delivery. USPS®-postrnarked Certified Mail receipt to the ■ A record of delivery (including the recipient's retail associate. . signature) that Is retained by the Postal Service~ -Restr1cted delivery service, whlc_h provides for a specified period . delivery to the addressee _specIf1ed by name, or to the addressee's authorized agent. Important Reminders: -Adult signature service , which requires the ■ You may purchase Certified Mail service with signee to be at least 21 years of age (not First-Class Mail•, First-Class Package Service•, available at retail). or Priority Mail • service. -Adult sign ature restricted delivery service, which ■ Certified Mail service is no/available for requires the signee to be at least 21 years of age International mail. and provides delivery to the addressee specified ■ Insurance coverage is not availabl e for purchase by name , or to the addressee's authorized agent with Certified Mail service. However, the purchase (not available at retail). of Certified Mail service does not change ti1e ■ To ensure that your Certified Mall receipt is insurance coverage automatically included with accepted as legal proof of malling, It should bear a certain Prtority Mail items . USPS postmark. If you would like a postmark on ■ For an additional fee , and with a proper this Certified Mail receipt, pl ease present your endorsement on the mailplece, you may request Certified Mail item at a Post Office'" for the following services : postmarking. If you don 't need a postmark on this -Return receipt service , which provides a record Certified Mail receipt, detach the barcoded portion of delivery (Including the recipient's signature). of this label, affix it to the mallplece, apply You can request a hardcopy return receipt or an approprtate postage, and deposit the mailpiece. electronlcversion.Forahardcopyreturnreceipt, Page 7 4 of 111 complete PS Form 3811 , Domestic Retum Receipt; attach PS Form 3811 to your mailpiece; IMPORTANT: Save this receipt for your records, PS Form 3800, Aprll 2015 (Rsvsrse) PSN 7530-02-000-9047 ATTACHMENT 0 Citation No.: 00033725 Community Development 97 9 Palm Street. San Luis Obispo. CA. 93401-3218 805.781 7170 sloc1 iy nrq ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation D 2 nd Citation X 3 rd Citation D Additional / Daily Fines ADDRESS OF VIOLATION: DATE OF VIOLATION: 657 Howard St , San Luis Obispo , CA 93401 APN: 001-122-017 March 30 , 2023 NAME: Alex Mclachlan ADDRESS: 657 Howard St, San Luis Obispo , CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC§ 17.18.020 B Interior Side and Rear Setback Standards $1000 $ Amount Due $1000 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis :bi:po, CA 93/ Issued By : Nick Buckley Signatu re : u ~ Tille: .QQde Enforcement Officer RELATED CE CASE: CODE-000437-2023 DATE CITATION ISSUED: 10/31/23 Page 75 of 111 Community Development 919 Palm Street. San LUIS Obispo CA 93401-3218 805 781 7170 Declaration of Service and Posting of Notice SUBJECT ADDRESS : 657 Howard St, San Luis Obispo, CA 93401 CASE NO .: Code-000591-2022 Citation No .: 00033725 Officer : Nick Buckley I/we , the undersigned, declare that at all times herein mentioned , I/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo , State of California; that pursuant to Section 1.24 .050G of the San Luis Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code , or Sect ion 401.4 of the Uniform Code for the Abatement of Dangerous Buildings , as adopted by Section 15 .02 .010 of the San Luis Obispo Municip~ode, I/we deposited ~a receptacle for the U.S. Postal Service , in a sealed envelope , postage prepaid , by regular ma il, and/or certified ma il, return receipt requested the following : A Notice to Correct, .,.Notice of Violation, V Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings . The above notice was sent to each person hav ing an interest in the property at their respective addresses as listed in the Notice , and a copy of the notice was posted at the subject address . I declare under penalty of perjury that the foregoing is true and correct. Executed this 31st day of October, 2023 , San Luis Obispo , California Officer or clerk effecting service by mail : Nk,l<. (Time/date) Officer effecting service by posting : Page 76 of 111 ...a ru Ll1 D f'-- c(J ..-=I $ ...a t-iE"'x"'tr=a·s"'e"'rv:-ci-:-ce=-s=-&.--,F'-=e-=-es=--=-rc7hec=k-,b-ox-, --,ad7d7 1;-ee-a'"'s"a-:-pp-=-ro=p-=-n7a7te7/ 7 ..-=I D D □ D Ll1 O- D ..-=I ru D f'-- D Return Receipt (hardcopy) $ _____ _ D Return Receipt (electronic) $ _____ _ D Certified Mail Restricted Delivery $ _____ _ D Adult Signature Required $ _____ _ D Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees Postmark Here /f-,l. 3 PS Form 3800, Apnl 2015 PSN 7530-02-000-9047 See Reverse for Instructions Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mail label). for an electronic return receipt, see a retail • A unique identifier for your IJtil PfC"J" AC H iittOf epsti •. '.o receive a duplicate ■ Electronic vertfication of del'll\y i r alelllll\1 efi!if t 1Jr n d Itional fee, present this delivery. S . -po~tmarked ertified Mail receipt to the ■ A record of delivery (including the recipient's retail _ associate. . signature) that is retained by the Postal service™ • Restncted delivery service, whl_c_h provides for a specified period. delivery to the addressee spec1f1ed by name, or to the addressee 's authorized agent. Important Reminders: -Adult signature service, which requires the • You may purchase Certified Mail service with signee to be at least 21 years of age (not Rrst-Class Mail "', Rrst-Class Package Service"', available at retail). or Priortty Mail"' service. -Adult signature restricted delivery service, which • Certified Mail service is not available for requires the slgnee to be at least 21 years of age international mall. and provides delivery to the addressee specified ■ Insurance coverage Is no/available for p_urchase by name , or to the addressee's authorized agent with Certified Mail service. However, the purchase (not available at retail). of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail items . • For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services : -Return receipt service, which provides a record of delivery (including the recipient's signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Fonm 3811, Domestic Return • To ensure that your Certified Mail receipt is accepted as legal proof of mailing, it should bear a USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mall Item at a Post Office™ for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. Page 78 of 111 Receipt; attach PS Form 3811 to your mail piece ; IMPORTANT: Save this receipt for your records. PS Fonn 3800, April 2015 (R•v•rs•J PSN 7530-02-000-9047 ■ ATTACHMENT Q From: To: Bee: Subject: Date: Attachments: Hi Alex, Mezzapesa. John Ale x Mclachlan Buckley Nick RE: A citation ... ? Thursday, December 21, 2023 4 :01 :00 PM image00l.png 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 • CITYOF SHU LUIS OBISPO Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity .org T 805.781.7179 From: Alex Mclachlan< > 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 Page 85 of 111 ATTACHMENT Q 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. 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, Alex B. Mclachlan On Thu, Nov 16, 2023 at 9 :36 AM Mezzapesa, John <JMezzape@s locity .org > wrote : Hi Alex, 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. Page 86 of 111 ATTACHMENT Q Let me know if you have any quest ions . I would prefer w e commun icate in w rit ing to document ou r conversati ons . Regards , John Mezzapesa Code Enforcement Supervisor ·r--=--, CITY OF S.fln LUIS OBISPO Community Development Building and Safety 919 Palm Street, San Luis Obispo , CA 93401-3668 E jmezzapesa@sloc ity .o rg T 805.781.7179 From : Alex Mclachlan < Sent: Fr iday, November 3, 2023 9:03 AM To: Mezzapesa, John <.l Mezza pe@slocity .org> Subject: A citation ... ? This message is from an External Sou rc e. Use caution when deciding to open attachments, click links , or respond. John, I have been out of town of late and returned wednesday. i was to ld by my house sitter there was a citation taped to my front door. I have not seen this o r picked up my mai l yet. I leave town tomorrow for two weeks , return i ng 11.15 . Not quite sure wha t this all about. Thought things we r e settled after ou r last meeti ng months ago. I was hopi ng t o sc hedule an appo i ntment w ith you, (possib ly t oday as mentioned in my phone call) o r upo n Page 87 of 111 ATTACHMENT Q my return . thank you for your attention . Alex Mclachlan Page 88 of 111 ATTACHMENT R Citation No.: 00034623 ADM INISTRATIVE CITATION • Community Development 919 Palm Street. San LUIS Obispo CA 9340 1-32 8 805 781 7170 AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2 nd Citation 3 rd Citation X Additional / Daily Fines ADDRESS OF VIOLATION: DATE OF VIOLATION: 657 Howard St, San Luis Obispo, CA 93401 APN: 001-122-017 January 15 -30 , 2023 NAME: Alex Mclachlan ADDRESS: 657 Howard St, San Luis Obispo, CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC§ 17.18.020 B Interior Side and Rear Setback Standards $1000 If daily Fines apply the Total Amount Due= 15 da~s X $1000 = $15000 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24 .070 C. The City may pursue all legal , equitable, and administrative remedies for the collection of unpaid civil administrative fines . Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to : City of San Luis Obispo , Community Development Department 919 Palm Street , San Luis Obispo , CA 93401 You may file an APPEAL of this Adm inistrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below . Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information . Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Nick Buckley Signature: /4 :~de Enforcement Officer RELATED CE CASE: CODE-000591-2022 DATE CITATION ISSUED: 2/2/2024 Page 89 of 111 TTACHMENT R Community Development 919 Palm Street. San LUIS Obispo CA 93401-3218 805 781 7170 Declaration of Service and Posting of Notice SUBJECT ADDRESS : 657 Howard St. San Luis Obispo, CA 93401 CASE NO.: Code-000591-2022 Citation No .: 00034623 Officer: Nick Buckley I/we , the undersigned , declare that at all times herein mentioned , I/we were and now are a duly authorized employee(s) of the Community Development Department, City of San Luis Obispo , State of California ; that pursuant to Section 1.24 .0S0G of the San Lu is Obispo Municipal Code (SLOMC), Section 1101.4 of the Uniform Housing Code, or Sect ion 401.4 of the Uniform Code for the Abatement of Dan~erous Buildings , as adopted by Section 15 .02 .010 of the San Luis Obispo Municipal iode, I/we deposited_ll} a receptacle for the U.S. Postal Service , in a sealed envelope , postage prepaid , by regular mail , and/or 1'/1 certified mail , return receipt requested the following : A Notice to Correct, otice of Violation, V. Administrative Citation, Stop-Work Notice, Notice of Hearing, Notice of Proposed Lien, Notice of Special Assessment Notifying the owner of the property of the subject address referenced above of violations of the San Luis Obispo Municipal Code existing on the property and/or of related abatement proceedings . The above notice was sent to each person having an interest in the property at their respective addresses as listed in the Notice, and a copy of the notice was posted at the subject address . I declare under penalty of perjury that the foregoing is true and correct. Executed this 2nd day of February, 2024 , San Luis Obispo , California • ffecting service by mai • (Time/date) Officer effecting service by posting : Page 90 of 111 cO co ...D rn f'- cO ,-::i ...D ,-::i □ □ □ □ Lf") IT"' □ ,-::i ru □ f'- .,-ir:] , . .,, ,,. . -, . ,,, 0 F F I C I A L u s E Certified Mail Fee $ Extra Services & Fees {check box, add tee as appropriate) 0 Retu rn Receipt (hardcopy) $ 0 Return Receipt (electronic) $ Postmark 0 Certified Mall Restncted Delivery $ Here O Adult Signature Required $ 0 Adult Signature Restricted Delivery $ A~-C, Postage $ ~1, ~ Total Postage and Fees $ SentTo M ~~l Street and Apt. No:°rPOBoxNo.~~~"7_0~---- City, State, ZIP+4 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mail label). for an electronic return receipt, see a retail ■ A unique Identifier for your 'Ai 1Pf11:q-AC H Nl~!f\01 ir.pstfq._To receive a duplicat_e ■ Electrontc verification of derviiliy I r a~emp\\ I Wwel !llilt fi r noJmil 1tional fee, present this delivel'J. USPS®-postrnarked Certified Ma,t receipt to the • A record of dellvel'J (including the recipient's retaU associate. . signature) that is retained by the Postal service'" -Restricted delivery service, whlc_h provides for a specified period . delivery to the addressee _specified by name, or to the addressee's authorized agent. Important Reminders: -Adult signature service , which requires the ■ You may purchase Certified Mail service with signee to be at least 21 years of age (not Rrst-Class Mail", First-Class Package Service", available at retail). or Priority Mail ~ service. -Adult signature restricted delivery service, which ■ Certified Mall service is not available tor requires the signee to be at least 21 years of age international mail. and provides delivel'J to the addressee specified ■ Insurance coverage Is not available for purchase by name, or to the addressee's authorized agent with Certified Mall service. However, the purchase (not available at retail). of Certified Mail service does not change the ■ To ensure that your Certified Mail receipt Is insurance coverage automatically included with accepted as legal proof of mailing, it should bear a certain Priority Mail items. USPS postmark. If you would like a postmark on ■ For an additional fee, and with a proper this Certified Mail receipt, please present your endorsement on the mailpiece,.you may request Certified Mall item at a Post Office™ for the following services : postmarking. If you don't need a postmark on this -Return receipt service, which provides a record Certified Mall receipt, detach .the barcoded portion of delivery (including the recipient's signature). of this label, affix it to the mailpiece, apply You can request a hardcopy return receipt or an app ~r 8 iatge p 8 osta_ll!) 2 , and 0 al;Po 1 sit 1 the 1 mailpiece. electronic version. For a hardco~y return receipt, t--' ~ T complete PS Form 3811, Domestic Return • Receipt; attach PS Form 3811 to your mail piece; IMPORTArrn Save this receipt for your records. PS Form 3800, April 2015 (Reverse) PSN 7530-02-000-9047 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: t\1(¥ M(..,L~c"'l,,._r\ (, $7 /46~ s.f- > o-.A /,,.u.,~ o Lrs po) e,A 'l l4o f II IIIIIII IIII IIIIII I II II I I I I I II 111111111111111 D. Is delivery address different from Item 1? □ Yes If YES, enter delivery address below: □ No 3. Service Type o Priority Mail Express® □ Adult Signature □ Registered Mall™ □ Adult Signature Restricted Delivery □ Re9lstered Mall Restricted rtified Mail® Delivery 9590 9402 6819 1074 0301 77 □Certl fledMallRestrlctedDelivery □SlgnatureCcnfinnatlon™ ----,---,-,--,,-----=------------ID Collect on Delivery □ Signature Conflnnation 2. Article Number (Transfer from service label) □ Collect on DeUvery Restricted Delivery Restricted Delivery 7021 0950 0001 6187 3688-· -~~:RestrlctedDefe@ ge 93 Of 111 0 PS Form 3811, July 2020 PSN 7530-02-000-9053 " -Domestic Ret urn Rec eipt , -------' 9590 9qo2 6819 1074 0301 77 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 United States Postal Service • Sender: Please print your name, address, and ZIP+4® in this box• CITYOFSLO 919 PALM STREET SLO, CA 93401 Rev is ed and Publ is he d 7/1/2023 Administrative Citation Appeal Form EB 0 This request to appeal must be received by the City Clerk within 1 o days of date of the citation to be considered timely filed. Please submit any supporting documents or photos with this form . Phone Email_ Ma ili ng Address (p S' t: l·-/t)(.A.2;,d ,ep Gr: City ':J •~.0 State C3t:,-Zip Code __ C/""--.:J__._~_O_/ __ (If Applicable) Business Name _____________ Business License# ________ _ 2. Interest in Citation. (Place X in front of se lection) DA. Charged personally ~B. Charged as the owner of the property 3. Administrative Citat ion. Date of Citation 3 • '30 • ::l:J Oc. Acting as the legally authorized Agent of the cited business or homeowner Citation Number ~&JO:I 2-~ '-f Address of property cite d or loc atio n where an i nd ividua l was cited: 0(7 ~ ~ 7 2.S" t,OJN ~<:3 Vt) ~, .,...,_~ Citation Add ress _=t,c..,:S-c........;~_ .... ~...c....:;.x;;..;c..,:~....:.=-..;;;._..=c~----'-7"'_.,_1 ___.,2:;.....::l..,,(J.._,,-,11-,___._~..c..... .... ..,,.~"'-'/------- Municipal code section(s) violated: __ 1_7_._I_Y_._o __ ~_o ____ ._.6 ___________ _ Code violation(s) bei ng appealed : _ _./,e...,JifS.'•L....Sol ..... X1<-1•~0-ZLJ ... -.._b ____________ _ 4. Reason for appeal. Give a br ief sta t eme nt of w hy you are appeal in g and why the notice of violation/administrat ive citation should be revoked, modi ed, or otherwi se set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach add itional sheets as necessary . Any documents o photos you w ish to submit in support of your appeal should be included w ith this form . (numbe r of sheets attached ':2 ) _ Questi ons about this form or the appeal process? Contact the City Attorney's Office at City Hall (990 Palm Street) or (805)781-7140 2024 CLER Page 95 of 111 Administrative Citation Appeal Form Questions about this form or the appeal process? Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 5. Election of Appeal Process. Note: All Administrati ve Citations written for violation of Ti tle 15 of the Municipal Code (building and related codes), even if other code violations are also cited, will be automatically heard by the Construction Board ofAppeals. Election of Hearing Officer review is not valid and a check for the appeal fee must accompany th is form. For Admin istrative Citations that do not charge a v iolation of Title 15, you must make a cho ice of an appeal process . (1) At no charge, you may choose an expedited, less formal appeal process of revi ew by a Hearing Officer, whose final decision may be appealed di rectly to the superior court for de novo rev iew pursuant to Government Code Sect i on S3069 .4. (2) However, if you w ish to reta i n your r ight to cha ll enge the Adm i nistrative Citation, or any final city act ion related to the citation, in court by any writ act ion, you must appeal to the Admin istrative Rev iew Board for a more formal , comprehensive hearing to ensure preparation of an adequate adm i nistrative record and pay an appeal fee i nd icated below. Only one appeal process may be chosen, and once chosen, the election is final . Failure to make a selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. I have read the above and choose : (Place X in front of se lection) □A . $1 ,339.57 My admin istrative citat ion i ncludes a Ti tle 15 v iolation requ iring rev iew by the Construction Board of A~~eals. I have included a check with this form. gjs. $3S0.12 More formal appeal to Administrative Review Board . / have included a check with this form. De. No charge Exped ited appeal to a Hearing Officer. 6 . Election to forego an in-person hearing. It is your r ight under San Lu is Obispo Municipal Code Section 1.24, no matter wh ich appeal process is chosen, to have an in-person hea ring . However, you ar e under no obl igation to appear . If you choose , you may select to have your appeal rev iewed on the record (all documents, pictures, etc. submitted by yourself or the City). I want my appeal heard on the record, so I do not need to appear D 7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and that th is appeal form was signed on : 3/~e-2 / at 5 (..0 C?<'.Z Date City State If different from the address in Paragraph 1, the official ma ili ng address to rece ive further noti ces from City relati ng to the appeal is: Street Address City State Zip Pr int name of Appellant Once filled out entirely and signed, email to CityClerk@slocity.org or deliver by U.S. Mail or in person to: City Clerk's Office, 990 Palm St., San Luis Obispo, CA 93401 Page 96 of 111 2.8.2024 Reasons for appeal 1. Over thirty five (35) years residency at violation address without any complaints 2. Code Enforcement actions are initiated by complaints driven by anger, revenge and harassment. Specific complaint initiated by neighbor who was sanctioned by San Luis Obispo Superior Court with two (2) year restraining order for harassment. 3. Code Enforcement failed to properly serve and or notify property owner. 4. Code Enforcement initiated actions while disregarding various other violations visible within a one hundred foot radius. 5. Code Enforcement ignored various code violations on neighboring properties while making repeated visits to site. 6. Code Enforcement failed to respond to written requests for information in timely manner on several occasions, 7. C.ode Enforcement quashed one of three initial violations after compliance in June 2023. This is partial listing of reasons for appeal. This list will be fleshed outing submitted before scheduled hearing date with additional photographs and documents. Alex 8. Mclachlan Page 97 of 111 I Vi e\"✓~ from public right way I Page 98 of 111 I j Ti /nfJ;l~C,M,!MR!I" ! ~~~;~~~eC,~ a~JC ~ ,;;g LO I $ 3~.,-2_ ! j z-?(;e £~ L(Vµ?£~ F/,t:=r4 j ~ollars dJ illf:!:o. ! I --L~...:..::.__:_:=--_.J:~=---=--~'-------~~--I ! =~== '~ ~ ✓-=--~ - I I I -~--.z-~I Page 99 of 111 Page 100 of 111 City Attorney's Office 990 Palm Street , San Luis Obispo , CA 93401-3249 805 .781 .7140 slocity .org March 7, 2024 Alex McLachlan 657 Howard St. San Luis Obispo, CA 93401 Via: First Class Mail Email : Re: Notice of Hearing on Appeal of Administrative Citation -Administrative Review Board Administrative Citation Number #00034623 Dear Alex McLachlan: On February 8, 2024, the City of San Luis Obispo received your appeal of the above Administrative Citation. Information regarding your appeal is as follows: 1. Hearing Date, Time, and Place. Your hearing on the appeal has been set for March 27, at 3:30 p.m. at City Hall, Council Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401. The hearing may be continued to a different date for good cause, but not to accommodate an academic schedule. You must request any such continuance in writing and include in your request the reasons you feel constitute good cause for the continuance. Such request must be received by the director of the department that issued the citation or the hearing officer within 5 days of the date of this notice. 2. Hearing Officer or Board. The Administrative Review Board will hear the appeal as you requested. The members of the Administrative Review Board are: Alex Karlin, Linda Mielke, and Myles Couch . 3. Failure to Appear or Submit Evidence. Your failure to appear at the hearing or submit written evidence to the hearing officer and to the director of the department that issued the citation , at least 10 days prior to the hearing, will constitute an abandonment of the appeal, and a failure to exhaust administrative remedies. The citation fine will then be due and payable immediately. 4. Addresses for Notices, Requests or Communication. Any communications, notices, requests to the hearing officer shall be addressed as follows: Administrative Review Board c/o City Attorney's Office 990 Palm Street San Luis Obispo, CA 93401 Page 101 of 111 Any communications, notices, or requests to the director of the department that issued the citation shall be addressed as follows: Timmi Tway, Community Development Director c/o John Mezzapesa 919 Palm Street San Luis Obispo, CA 93401 Additional information regarding the appeal process may be found in Chapter 1.24 of the San Luis Obispo Municipal Code which is posted at: https://sanluisobispo.municipal.codes/. If the City has included in the administrative record video or audio recordings related to the citation being appealed, those may be reviewed in their entirety by contacting the staff member listed below and scheduling a time to review the recordings in-person. No copies will be provided and no remote viewing will be facilitated. Any request to review the recordings must be received at least two (2) business days in advance of your hearing date. If you have a disability and need a reasonable accommodation to participate in the hearing, please contact, in writing, the director of the department that issued the citation as soon as possible. The appeal hearing will be conducted in English . You are welcome to bring an interpreter if needed. If you have any questions, please contact me at (805) 781-7140 or city attomey@slocity.org . Sincerely , Sarah Zion Legal Assistant, City of San Luis Obispo Enc: Administrative Record CC: Code Enforcement Page 102 of 111 Citation No.: 00034623 ADM INISTRATIVE CITATION • Community Development 919 Palm Street. San LUIS Obispo CA 9340 1-32 8 805 781 7170 AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2 nd Citation 3 rd Citation X Additional / Daily Fines ADDRESS OF VIOLATION: DATE OF VIOLATION: 657 Howard St, San Luis Obispo, CA 93401 APN: 001-122-017 January 15 -30 , 2023 NAME: Alex Mclachlan ADDRESS: 657 Howard St, San Luis Obispo, CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION($) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION($) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC§ 17.18.020 B Interior Side and Rear Setback Standards $1000 If daily Fines apply the Total Amount Due= 15 da~s X $1000 = $15000 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24 .070 C. The City may pursue all legal , equitable, and administrative remedies for the collection of unpaid civil administrative fines . Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to : City of San Luis Obispo , Community Development Department 919 Palm Street , San Luis Obispo , CA 93401 You may file an APPEAL of this Adm inistrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below . Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information . Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Nick Buckley Signature: /4 :~de Enforcement Officer RELATED CE CASE: CODE-000591-2022 DATE CITATION ISSUED: 2/2/2024 Page 103 of 111 Rev is ed and Publ is he d 7/1/2023 Administrative Citation Appeal Form EB 0 This request to appeal must be received by the City Clerk within 1 o days of date of the citation to be considered timely filed. Please submit any supporting documen ts or photos with this form . 1. Appellant. Name --#-J/=-:.J/e.......,.1<1...---'#--'._/pr--4~~1<...L:..A-"C,........,_'.d,.c..1~-~ ........ 4/<..,1£-_________ _ Phone Email Ma ili ng Address (p S' 7-l-1-o(.,,{.,,?'3 R'p Gr: City ':J -~.0 State c::}-Zip code __ q_.:,___._~_o_/ __ (If App li cable) Business Name _____________ Business License# ________ _ 2. Interest in Citation. (Place X in front of se lection) DA. Charged personally ~B. Charged as the owner of the property 3. Administrative Citat ion. Date of Citation 3 • 3C • :2.:J Oc. Acting as the legally authorized Age nt of the cited business or homeowner Citation Number ~&JO:I 2-~ '-/ Address of property cite d or loca ·o n whe re an i nd ividua l was cited: Ot;,'g!J 72.S° (JO ~N ll;;z:3 00~-Z .,..L~ Citation Add ress _{,=-"S-----'-iZ-_.,,_A'q..v.-=-=.-:c...;....:.~..:.=,:z.;;;.._~=-7'""'---+-l---=2c....·=l.,.,().._,,.,,._-___._~-""-6--. ""'~"-'/ _____ _ Municipal code section(s) violated: __ /_7_ .. _I _Y_._o ___ ~_o ___ ._.6 ___________ _ Code violation(s) bei ng appealed : _ __./,e...,/i,s.4•L....So/._.X11--1•:-A.0-2'!!'.) ... """"--b ____________ _ 4. Reason for appeal. Give a br i ef stateme nt of w hy you are appeal in g and why the notice of violation/administrat ive citation should be revoked, modi ed, or otherwi se set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach add itional sheets as necessary . Any documents or photos you wish to submit in support of your appeal should be included w ith th is form . (numbe r of sheets attached '::2 >- Questi ons about this fom, or the appeal process? Co ntact t he City Attorney's Office at City Hall (990 Palm Street) or (805)78 1-7140 JERK Page 104 of 111 Administrative Citation Appeal Form Questions about this form or the appeal process? Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 5. Election of Appeal Process. Note: All Administrati ve Citations written for violation of Ti tle 15 of the Municipal Code (building and related codes), even if other code violations are also cited, will be automatically heard by the Construction Board ofAppeals. Election of Hearing Officer review is not valid and a check for the appeal fee must accompany th is form. For Admin istrative Citations that do not charge a v iolation of Title 15, you must make a cho ice of an appeal process . (1) At no charge, you may choose an expedited, less formal appeal process of revi ew by a Hearing Officer, whose final decision may be appealed di rectly to the superior court for de novo rev iew pursuant to Government Code Sect i on S3069 .4. (2) However, if you w ish to reta i n your r ight to cha ll enge the Adm i nistrative Citation, or any final city act ion related to the citation, in court by any writ act ion, you must appeal to the Admin istrative Rev iew Board for a more formal , comprehensive hearing to ensure preparation of an adequate adm i nistrative record and pay an appeal fee i nd icated below. Only one appeal process may be chosen, and once chosen, the election is final . Failure to make a selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. I have read the above and choose : (Place X in front of se lection) □A . $1 ,339.57 My admin istrative citat ion i ncludes a Ti tle 15 v iolation requ iring rev iew by the Construction Board of A~~eals. I have included a check with this form. gjs. $3S0.12 More formal appeal to Administrative Review Board . / have included a check with this form. De. No charge Exped ited appeal to a Hearing Officer. 6 . Election to forego an in-person hearing. It is your r ight under San Lu is Obispo Municipal Code Section 1.24, no matter wh ich appeal process is chosen, to have an in-person hea ring . However, you ar e under no obl igation to appear . If you choose , you may select to have your appeal rev iewed on the record (all documents, pictures, etc. submitted by yourself or the City). I want my appeal heard on the record, so I do not need to appear D 7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and that th is appeal form was signed on : 3/~e-2 / at 5 (..0 C?<'.Z Date City State If different from the address in Paragraph 1, the official ma ili ng address to rece ive further noti ces from City relati ng to the appeal is: Street Address City State Zip Pr int name of Appellant Once filled out entirely and signed, email to CityClerk@slocity.org or deliver by U.S. Mail or in person to: City Clerk's Office, 990 Palm St., San Luis Obispo, CA 93401 Page 105 of 111 2.8.2024 Reasons for appeal 1. Over thirty five (35) years residency at violation address without any complaints 2. Code Enforcement actions are initiated by complaints driven by anger, revenge and harassment. Specific complaint initiated by neighbor who was sanctioned by San Luis Obispo Superior Court with two (2) year restraining order for harassment. 3. Code Enforcement failed to properly serve and or notify property owner. 4. Code Enforcement initiated actions while disregarding various other violations visible within a one hundred foot radius. 5. Code Enforcement ignored various code violations on neighboring properties while making repeated visits to site. 6. Code Enforcement failed to respond to written requests for information in timely manner on several occasions, 7. C.ode Enforcement quashed one of three initial violations after compliance in June 2023. This is partial listing of reasons for appeal. This list will be fleshed outing submitted before scheduled hearing date with additional photographs and documents. Alex 8. Mclachlan Page 106 of 111 I Vi e\"✓~ from public right way I Page 107 of 111 I I ~, O?',.,-.2o~~ate {nf];!~C,M~~ ! ~~~;~~~eC,~ a~JC ~ ,;;g LO I $ 3~·"2-! ! 77(-;e £L c(V,t..-'?£~ ~,c=:-,n:.,, j ~oll ars di illf:!:c. ! l =~== ~ ~ ~~ I I I ---~' Page 108 of 111 Page 109 of 111 City of San Luis Obispo Finance 990 Palm Street San Luis Obispo , CA 93401 (805) 781 -7124 www .s l ocity .org Thank you for your payment . Have a nice day ! Tuesday Feb 13 2024 11:18:54 AM Clerk -Misc Revenue {CLERKREV) ADMINISTRATIVE REVIEW BOARD Total Check 1 024 350.1 2 350.12 350.1 2 Received From: ALEXANDER MCLACHLAN Receipt #: finance -021320 E?Ell§e 110 of 111 Cashier : Roman Richard 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 March 7, 2024, I caused the foregoing document described as NOTICE OF ADMINISTRATIVE APPEAL HEARING to be served on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, addressed as follows: Alex McLachlan 657 Howard St. San Luis Obispo, CA 93401 Email: [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 service. [X] Courtesy Copy by E-mail: I caused this document to be transmitted via e-mail to thee- 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 March 7, 2024, at San Luis Obispo, California. PROOF OF SERVICE -1 - Sarah Zion Page 111 of 111