HomeMy WebLinkAboutR-11566 authorizing staff to issue a Formal NOC for sidewalks adjacent to 878 Islay 859 867 & 875 MiRESOLUTION NO. 11566 (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO,
CALIFORNIA, AUTHORIZING STAFF TO ISSUE A FORMAL NOTICE OF
CORRECTION FOR THE REPLACEMENT OF SIDEWALK ADJACENT
TO THE PROPERTIES AT 878 ISLAY, 859 MISSION, 867 MISSION, 875
MISSION, AND 1543 MORRO, AND TO COMPLETE THE WORK
SHOULD THE ADJACENT PROPERTY OWNERS FAIL TO TAKE
ACTION WITHIN 14 DAYS AFTER BEING ISSUED A FORMAL NOTICE
TO CORRECT, PURSUANT TO SAN LUIS OBISPO MUNICIPAL CODE
12.16.020
WHEREAS, Municipal Code Section 12.16.020, by adoption of the procedures set
forth in the Streets and Highways Code Division 7, Chapter 22, requires that a property
owner maintain and, when necessary, replace the sidewalk adjacent to their property so
that the sidewalk will not endanger persons or property or interfere with the public
convenience in the use of such sidewalk; and
WHEREAS, the portions of sidewalk adjacent to the properties located at 878 Islay,
859 Mission, 867 Mission, 875 Mission, and 1543 Morro (the “subject properties”) are in
a condition of significant disrepair and pose a danger to persons and property and
interfere with use of the sidewalks; and
WHEREAS, since issuance of the original Informal Notice to Correct, the owners
of the subject properties have received no fewer than two separate notices from the City
informing them of their responsibility to repair and maintain the improvements fronting
their property and to compel the repair and/or replacement of such improvements; and
WHEREAS, the owners of the subject properties have failed to take the necessary
action to replace the damaged and non-compliant sidewalks adjacent to their properties;
and
WHEREAS, at least 90 days have passed since the second informal Notices to
Correct were served upon the owners of each of the subject properties; and
WHEREAS, on May 20, 2025, Council received a staff presentation on the current
specifics of the sidewalk conditions at the subject properties; and
WHEREAS, the City Council has considered all evidence, including staff’s
presentation and the testimony of the property owners and interested parties.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
Docusign Envelope ID: 1CFD7B88-0768-4DF1-BDD6-56EC63CE08C9
Resolution No. 11566 (2025 Series) Page 2
R 11566
SECTION 1. Findings. The above statements are true and constitute the findings
of the City Council.
SECTION 2. Action. Staff is hereby authorized to issue Formal Notices to Correct
to the Property Owners of 878 Islay, 859 Mission, 867 Mission, 875 Mission, and 1543
Morro, 30 calendar days after the passing of this resolution, in accordance with the
requirements set forth in Streets & Highways Code §§5611 -5614. If work does not
commence within fourteen days following the first Formal Notice to Correct, City staff is
authorized to execute the work and return to the City Council upon completion of the work
to report on costs and for Council’s consideration of pursuit of cost recovery.
Upon motion of Vice Mayor Shoresman, seconded by Mayor Stewart, and on the
following roll call vote:
AYES: Council Member Boswell, Francis, Marx, Vice Mayor Shoresman,
and Mayor Stewart
NOES: None
ABSENT: None
The forgoing resolution was adopted this 20th day of May 2025.
_____________________________________
Mayor Erica A. Stewart
ATTEST:
________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ________________________________.
________________________________
Teresa Purrington
City Clerk
Docusign Envelope ID: 1CFD7B88-0768-4DF1-BDD6-56EC63CE08C9
6/6/2025 | 10:06 AM PDT