HomeMy WebLinkAbout_CDD Responsive DocumentsCODE CASE ACTIVITY REPORT CODE-000051-2023
FOR CITY OF SAN LUIS OBISPO
Address:05/29/2024Closed Date:CompliantStatus:302 Buena Vista Ave
San Luis Obispo, CA 93405
03/28/2023Opened Date:Steve SheatsAssigned ToCode EnforcementCase Type:
Activity Date Created By Activity Type CommentsActivity Name
03/28/2023 Spoke to RP on the phone. Advised him
at the time of inspection we met
with requested we hold off on enforcement
until they decide if they want to hire their own
mold inspector. I advised the growth we
saw was minimal and not something we are
alarmed with. Disclosed that we are not mold
professionals and I am not saying the tenants
are not experiencing health concerns. I just
can't say it is related to what we observed.
requested we continue to hold off until all
decide how they'd like to move
forward.
CorrespondenceSteve Sheats
05/10/2023 4/14/23- forwarded a mold report
showing presence of toxic mold.
CorrespondenceSteve Sheats
4/20/23-mailed to PO and SA via first class.
Emailed to RP Compliance date of
5/20/23
Notice of ViolationSteve Sheats
05/18/2023 Email from Hamilton Law Firm, representing
property owner. Requested 30 day extension
to get their own test done. Granted and asked
for progress updates. See attached.
CorrespondenceSteve Sheats
07/17/2023 6/29/23-Email from attorney:
Hi Steve,
I just wanted to update you on the status of
this matter. The tenants are vacating the
premises tomorrow. After that, Ms. Davis will
have a professional inspect the premises and
existence of mold and then begin the
whatever remediation is necessary. The
property will remain vacant until this is
completed. I don’t have a specific timeline for
any required repairs but will loop you in as
soon as I know.
CorrespondenceSteve Sheats
09/20/2023 Emailed PO's attorney for update. See
attached.
CorrespondenceSteve Sheats
01/22/2024 Emailed PO's attorney for update.CorrespondenceSteve Sheats
04/02/2024 Email from PO's attorney (attached) stating
that they have entered a new lease
agreement and will be having the work done
and tested. I advised to send a clearance
letter once obtained.
CorrespondenceSteve Sheats
05/29/2024 5/23/24 - On-site w/PO. All walls are cleaned
and free of growth.
InspectionSteve Sheats
Page 1 of 2City of San Luis ObispoJuly 31, 2025
CODE CASE ACTIVITY REPORT (CODE-000051-2023)
Activity Date Created By Activity Type CommentsActivity Name
ClosedSteve Sheats
Page 2 of 2City of San Luis ObispoJuly 31, 2025
Notice to Correct Code Violation(s)/Notice of Violation
(Courtesy Warning Prior to Issuance of Administrative Citation)
April 20, 2023
Kimberly L Davis
3450 Cabrillo Highway
Harmony, CA 93435
SUBJECT ADDRESS: 302 Buena Vista Avenue, San Luis Obispo, CA 93405 APN: 052-133-001
Code Case #: CODE-000051-2023
Dear Property Owner,
On April 20, 2023, 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. Housing-Regulation of Buildings Used for Human Habitation – Rules and Regulations
(SLOMC 15.02.010, CA Health and Safety Code 17920.3)
“Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or
the premises on which the same is located, in which there exists any of the following listed
conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the
public or the occupants thereof shall be deemed and hereby is declared to be a substandard
building:”
a) Inadequate sanitation shall include, but not be limited to, the following:
13) Visible mold growth, as determined by a health officer or a code
enforcement officer, as defined in Section 829.5 of the Penal Code, excluding
the presence of mold that is minor and found on surfaces that can accumulate
moisture as part of their properly functioning and intended use.”
City Code Enforcement staff conducted an inspection on March 21, 2023. At the time of
inspection, visible growth was discovered on the wall and ceiling of two of the bedrooms and the
bathroom. Staff encouraged the tenants to have a professional mold study done to determine type
and toxicity of any concerns regarding mold and moisture. The attached report, with samples
obtained on April 6, 2023, shows that toxic levels of mold are present in the residence.
Remediation shall be completed by a licensed remediation contractor. Once remediation is
complete, a follow up mold report shall be done to confirm success of remediation. The
compliance report shall be forwarded to City Code Enforcement for case documentation.
We request that you voluntarily take action to correct the above noted violation(s) no later than May 20,
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, 919 Palm Street, San Luis Obispo, CA 93406, 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) 783-7841 or ssheats@slocity.org.
Sincerely,
____________________________
Steve Sheats, Code Enforcement Officer
Cc: File
Enclosures: Request for Directors Review; Environmental Survey Completed 4/7/2023
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EMS llc P.O. Box 1056 Templeton, CA. 93465 (805) 226-9344
ENVIRONMENTAL MOLD SAMPLING LLC.
Certified Pre-Environmental Survey
Level І Assessment
IESO Standard 2110
Evaluation of Suspected Mold Colonization on Surfaces
Project # 302
Prepared For:
Property Location:
302 Buena Vista Ave.
San Luis Obispo Ca.
Date:
April 9, 2023
Prepared by:
Donald L Bogaert
Certified Residential Mold Inspector
Certified IR Thermographer
www.environmentalmoldsampling.com
٭٭٭٭
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Table of Contents:
1.0 Cover page
Contents Page
2.0 Subject Property Address
3.0 Introduction
3.1 IESO standards
4.0 Qualifications of Inspector
5.0 Site information
6.0 Description of Property
7.0 Inspectors Visual Observations
8.0 Moisture content assessments
9.0 Sampling Protocol
10.0 Survey sample results
11.0 Conclusions and Recommendations
12.0 Remediation Recommendations
13.0 Interior Work Areas
14.0 Verification Sampling Clearance
14.1 References
14.2 Presence of Hyphal Fragments indoors
15.0 Unidentifiable conditions
16.0 Warranty
Lab analysis report pages
END
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2.0 RE: Subject Property.
3.0 Introduction:
Environmental Mold Sampling LLC, performed a limited Level I microbial inspection at the above-
referenced property on April 6, 2023, The investigation was conducted in response to concerns of
possible moisture intrusion, airborne allergens and possible associated surface fungi within the
building envelope. This report was written by Donald L Bogaert a Council Certified Residential Mold
Investigator NO# 13419. This inspection was non-destructive and limited to readily accessible and
visible areas within the subject property. This report has been prepared as a result of the visual
observations and samples collected on April 6, 2023, following Indoor Environmental Standards
Organization (IESO) Evaluation procedure of Mold Colonization on Surfaces. The purpose of this
survey is to render an absolute unbiased and professional opinion with recommendations as to what
was observed at both the job site and conclusions of the laboratory report..
3.1 IESO Standard 2110
• The purpose of this standard is to provide standardized procedures to be, used for the evaluation and
characterization of suspected mold colonization on a surface.
• The purpose of sample collection is to evaluate whether a suspected stain, discoloration, blemish, or
other irregular appearance on a surface is mold.
• The purpose of sample collection is to identify visible and accessible conditions that, in the judgment
of the sample collector, may warrant further evaluation that may include additional sampling and/or
referral to an appropriate specialist for further evaluation and actions.
3.2 This report was prepared under the constraints of time and scope and reflects a limited
investigation and evaluation. Further analytical testing may be required by other specialists to further
define hazards and relations between the environment at this location, and possible contamination
from biological pollutants and to locate possible contamination from asbestos, lead paint, and other
environmental hazards prior to remediation. The presence of such materials take precedence over
mold remediation and the removal of such regulated materials and must be conducted in accordance
with federal, state, provincial and local laws and regulations and require specific remediation
protocols.
The results of this analysis represent conditions only at the exact time and locations from where
samples were taken. Thus, the report and this remediation recommendation should not be relied on to
represent conditions at any other location or date and does not imply that this property is free of
contaminants. This evaluation was performed using current acceptable environmental hygiene
practices [Professional Certification Institute] by The Institute of Inspection Cleaning and Restoration
Certification (IICRC), the New York City Department of Health & Mental Hygiene, Bureau of
Environmental & Occupational Disease Epidemiology, the American Conference of Governmental
Industrial Hygienists, National Air Duct Cleaners Association, and other remediation techniques that
are acceptable and used by professional remediators. Mold testing and remediation practices [Indoor
Environmental Standards Organization] and other environmental practices using techniques that are
acceptable, and used by the professional environmental consultant.
4.0 Qualifications of Inspector
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EMS llc P.O. Box 1056 Templeton, CA. 93465 (805) 226-9344
• 4.1 Don Bogaert is a Council Certified Residential Mold Inspector, (non-practicing Certified Mold
Remediation Contractor) Certified IR Thermographer and, is a graduate of the Certified Mold
Inspectors & Contractors Institute the Indoor Environmental Standards Organization and ITC.
Infrared Training Center, and stays current with industry standards through ongoing classes, and
certifications through the ACAC. American Council for Accredited Certifications
• 4.2 He has twenty-eight years, in the building contracting and Plumbing Industry, and has held title of
Project Superintendent for a large earthquake retrofit company over seeing approximately 26 men, he
has dealt with mold and airborne fungi for twenty-five years as a Board Certified mold Inspector.
• 4.3 He is a member of the American Indoor Air Quality council, the Indoor Environmental Standards
Organization the American Council for Accredited Certifications and has maintained an A+ rating
with the BBB and uses a highly qualified and accredited laboratory for analytical services.
5.0 Site Information;
Based on Site information: The home is a rental and is occupied by four college students. Moisture
has entered the home through the wall causing significant staining to appear in the front bedroom
occupied by and the rear bedroom occupied by as well as the bathroom between the
two bedrooms. The shower curtain in the bathroom is believed to be the cause of the mold in both
bathrooms.
When the staining appeared on surfaces the became concerned and contacted the owner. Back in
January of this year the owner of the property had a mold inspector collect an indoor air quality
sample in Hannahs room and found elevated levels of mold according to statements made. Most of
the staining had been cleaned off by the mold inspector / remediator.
Description of Property:
6.1 The subject property is a one-story single-family home located in the city of San Luis Obispo Ca.
7.0. Inspectors Visual Observation of Subject Property.
7.1 Inspector entered subject property at approximately 9:00 AM The home appeared to have been
cleaned of mold and was dry with some staining resedue still observed on surfaces in both bedrooms.
Necessary samples were collected to determine if the indoor air is being affected by the staining on
wall surfaces. “Mold testing and mold remediation is a conflict of interest”. Mold inspectors aren’t
supposed to perform both mold inspections testing and mold remediation and is completely frowned
upon by this industry.
8.0 Moisture Content Assessment:
8.1 With the use of a Protimeter Survey master moisture indicator, along with an E-65 infra red
thermal imaging camera, moisture content assessments were conducted in suspect locations of the
home. Generally, moisture level readings of up to 17% (scale using the wood moisture equivalent)
are considered background or dry, while moisture level readings higher then seventeen percent are
considered moist and readings above twenty-two percent are considered wet. N/A
8.2 At the time of the survey, the interior ceilings walls and floors had a reading of below the
seventeen, percent level in the areas tested Concluding that moisture was not present at the time of
the survey. N/A
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9.0 Sampling Protocol:
At the time of the survey samples were collected for total fungi analyses from the subject property.
9.1 Non-Viable spore trap air samples were collected in various locations including outdoors to be
used as comparison for background.
9.2 Viable Surface Swab/ Tape lift: To determine whether the suspected surface (visible stain,
discoloration, etc.) sampled is indicative of mold growth on the sample location.
9.3 Sample Survey:
All samples were forwarded for mold analysis under proper chain-of-custody to Aerotech laboratories
in Phoenix Arizona for analysis and results were returned within five days. (See attached Aerotech
laboratories report)
These samples were collected using Zefon Air-O Cell cassettes attached to a Zefon Bio-pump set at
15 LPM. And calibrated prior to first use each day. Samples are collected at 1 to 10 min. each,
depending on wind velocity and or weather conditions for outdoor samples and activity level for
indoor samples.
10.0 Survey Sample Results
10.1 Air Sample: Spores/M³ = spores per cubic meter of air
10.2 Surface Swab, tape, or bulk Sample: Spores/cm² = Area in Centimeters
Column 1 OUTDOOR SAMPLE:
The overall outdoor airborne total fungi datum recorded was (2,500) spores per cubic meter
(spores/M³) of air as indicated. With Basidiospores predominating at (1,500) Spores/M³.
Column 2 INDOOR SAMPLE: Bedroom
The overall indoor airborne total fungi datum recorded was (1,400) spores per cubic meter
(spores/M³) of air as indicated with Pennicillium Aspergillus predominating at (1,200) spores/M³.
Column 3 INDOOR SAMPLE: Bedroom
The overall indoor airborne total fungi datum recorded was (3,100) spores per cubic meter
(spores/M³) of air as indicated with Pennicillium Aspergillus predominating at (2,300) spores/M³.
Column 4 Tape lift Sample:
The overall indoor total surface fungi Datum recorded was (3,000) Spores/cm² as indicated with
Cladosporium predominating at (2,500) Spores/cm².
11.0 Observations and Recommendations:
Results of bio-aerosol monitoring together with tape lift surface sampling for mold spores confirmed
visual observations of Cladosporium mold on surfaces within the suspect area and was at an
unacceptable level. Bio-aerosol air samples were collected using a Zefon Bio Pump which was pre-
calibrated to a flow rate of 15 liters per minute (Lpm). Samples were collected using a Zefon-brand
Air-O-Cell spore trap cassette for 5 minutes. Results of those samples collected above were
determined to be Pennicillium Aspergillus at unacceptable levels or concentrations, concluding that
remediation is warranted at this time.
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The sample collected by the mold inspector hired by the owner was performed back in January, there
has been a significant amount of rain since January and February. Older homes sometimes lack
insulation in exterior walls which causes interior plaster walls to sweat or condensate which then
results in microbial growth on wall surfaces and personal items in a room.
After careful examination of the photos and videos sent to me it
appears that moisture came in from the outside causing walls and windows to condensate. There is
evidence of entry points on the exterior of the bedroom wall at windows that leads me to believe
moisture came in from outside and may not be a direct result of the shower curtain.
(This is speculation based on my observations). Only way to know for fact if moisture intruded in
from the exterior is to open walls and examine wall cavities.
In my twenty-five years’ experience in this industry, I have never observed microbial growth in
adjacent rooms as a direct result of a moldy shower curtain for two reasons.
1. Being that shower curtains are constantly wet mold must dry for it to aerosolize and affect other
rooms. There was no direct trail of mold on wall surfaces between the bedrooms and the bathroom
and it is unlikely that mold jumped from the bathroom to the bedrooms without affecting the hall
walls and ceiling.
2. Condensation on wall surfaces, especially plaster walls in older buildings condensate for two
reasons a lack of insulation in wall cavities (invasive investigation needed to make this
determination) and a lack of heat in the room which lowers the dew point in the room.
12.0 Generalized IICRC Remediation Recommendations.
• We recommend the above action items be performed by a qualified remediation contractor
adhering closely to, IICRC “Guidelines on Assessment and remediation of fungi in indoor
environments. The Remediation contractor performing the work should have all applicable
licenses, certifications, training and medical approvals to perform microbial remediation
work.
• Prior to entering work areas during remediation activities, all remediation personnel should
adorn proper protective clothing such as a Tyvek suit with hood and booties, rubber gloves,
and a NIOSH approved full face Respirator mask with replaceable Particulate filters.
• The recommendations outlined below is generalized, based on my observations to clean and
remove contaminated material and should not be misconstrued as a protocol for the
remediation contractor to follow to the letter. This report is based, solely on visible staining
and or growth observed on surfaces, assuming that mold may exist within wall cavities.
Decisions must be made by the remediation contractor as the job progresses and further
contamination is observed or not observed. It is at the discretion of the remediation contractor
as to where to begin and where to end based on his intrusive investigation and observations at
the time.
• The contractor is responsible for compliance with all applicable regulations for performing
this work including but not limited to California State regulations. American National
standards institute and underwriters laboratories (UI) (UL) 586 High Efficiency Particulate air
filters units.
• (Please be advised that the recommendations below (Interior work areas) should only be
construed as generalized recommendations and do not necessarily pertain to items and
situations observed in this survey. Personal items located within or near suspect areas or areas
with elevated spore levels should only be specially cleaned if directly affected by a water
intrusion and are observed to have microbial growth on or within. Items within or near suspect
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EMS llc P.O. Box 1056 Templeton, CA. 93465 (805) 226-9344
areas or areas of elevated spore levels not observed to contain microbial contamination are
usually lightly hepa Vacuumed and cleaned through continued air scrubbing and or negative
air. Most soft or porous items such as fabric are not usually cleaned when observed to have
microbial contamination and are recommended to be discarded not cleaned, such as padded
furniture, mattresses, box springs or bed foundations, and carpeting.
13.0: Interior work areas:
1. Containment shall be setup around work areas, isolating the work areas from the remainder of
the interior by constructing a negative pressure containment system (s) with high efficiency
particulate air (Hepa) filtration system equipment maintaining negative air pressure before,
during, and after the remediation procedure exhausting to the outside air.
2. The contractor shall use an appropriate number of negative air machines to achieve an air
exchange rate of 4 air changes per hour and to maintain a pressure differential of 0.02 inches
(water gauge) within the work area.
3. The contractor shall operate a separate Hepa negative air machine within the work area to re-
circulate and remove particulates from the air following drywall removal and microbial
remediation work. A Hepa negative air machine used in this manner is commonly referred to
as a scrubber.
4. The contractor is responsible for ensuring that the negative air machines function properly
throughout the duration of the project.
5. The contractor shall ensure that all negative air machines that are set to exhaust outdoors,
including the scrubber unit be tested on site and that all filters be kept clean and changed
frequently.
6. The contractor shall ensure that all Hepa vacuum’s used in any capacity on site. (s) are tested.
on site prior to use.
7. The Hepa filtration system, scrubber, and containment shall be installed and kept running until
passing fungal air clearance results are obtained.
8. Personal Items, should always be cleaned and moved or set away from the affected area,
covered with plastic sheeting sealing on all sides, and or move to a clean area to be
determined by Remediation Contractor.
9. Plaster or drywall wall areas that are observed or suspected of contamination with mold
growth, should always be treated with a light mist spray of an approved microbial solution to
avoid the inadvertent escape of dust and spores to other areas of the home prior to cutting into
those areas.
10. All affected drywall and or plaster board and insulation should always be removed to two feet
beyond any visible microbial growth discovered. All affected material should be double
bagged and properly discarded at a municipal waste facility.
11. Wall, and ceiling cavities should always be inspected for obvious mold contamination and
remediated as necessary by scrubbing, sanding or wire brushing to remove all microbial
growth present, treat with an approved microbial solution and encapsulate where and if
necessary, if Interior wall framing is found to be deteriorated from dry-rot due to past water
intrusions.
12. All hard surfaced non-porous items should always be wet wiped and cleaned within
contaminated areas.
We recommend a qualified contractor perform the above recommendations for mold remediation.
Remediation should be conducted in accordance with general remediation guidelines and current
industry standards for mold remediation. These recommendations are intended to assist the
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contractor in identifying areas of potential mold contamination. Disturbance of building materials in
areas of contamination should be performed by a qualified remediation contractor using appropriate
control measures to prevent the release of mold spores and possible contamination of unaffected
areas.
14.0 Verification sampling:
Should be conducted at the conclusion of the remediation process to document the success or
failure of the remedial efforts. Without verification sampling, there is no documentation of the
remedial process and no determination as to the quality of the air and surfaces within the structure.
The lack of documentation may lead to potential health and liability issues at a later date.
14.1 References:
Fungi:
Because of the ubiquity of fungi, samples collected from suspect areas need to be evaluated against
samples collected from non-suspect areas and from outdoors. Identification of fungi to genus level is
necessary in this evaluation to determine if indoor air is influenced by interior contamination. As a
general rule of thumb , the genus of fungi collected from indoor air should match outdoor air and be
present at levels of one third to one half of outdoors. Levels of similar genera higher than one third to
one half may indicate inadequate filtration. Lower or higher levels of fungi indoors of different
genera from outdoors can indicate contamination of interior substrates. Substrates suspected of
fungal contamination, should be sampled to identify sources of airborne contamination.
The presence of certain fungi in indoor environments is significant because of the ability of fungi to
produce mycotoxins, metabolites that can cause adverse health effects in humans and animals.
Although most molds produce mycotoxins, those produced by Stachybotrys, especially T-2 toxin and
Satratoxin H, are extremely toxic, are suspected carcinogens and are immunosuppressive. Mycotoxin
sampling must be performed in order to make this determination. In light of this, the New York
Department of health has sponsored the document “Guidelines on Assessment and remediation of
fungi in indoor environments.
These guidelines contain the following numeric standards; bulk material samples containing
Stachybotrys in excess of one colony-forming unit per gram should be remediated. Air samples
containing indoor concentrations of Stachybotrys at concentrations greater then outdoor
concentrations should be considered positive. Airborne concentrations of greater then or equal to
1000 CFU per cubic meter require immediate evacuation of all occupants.
This observed from research:
50-200 spores – still very low levels; the toxic mold species Stachybotrys Chartarum Stachybotrys
Atra and Memnoniella are the only species to be considered an issue at this level.
200-500 spores – the most common species (Penicillium/Aspergillus, Cladosporium and Curvularia)
are not an issue and stay within the normal range.
500-1500 spores – sometimes the Penicillium/Aspergillus & Cladosporium levels are in this range
and do not require remediation. If water intrusion or mold was not found during the investigation,
these levels can be caused by normal life in an enclosed environment.
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CDC Information on Stachybotrys
I heard about “toxic molds” that grow in homes and other buildings. Should I be concerned about
a serious health risk to me and my family?
The term “toxic mold” is not accurate. While certain molds are toxigenic, meaning they can produce toxins
(specifically mycotoxins), the molds themselves are not toxic, or poisonous. Hazards presented by molds
that may produce mycotoxins should be considered the same as other common molds which can grow in
your house. There is always a little mold everywhere – in the air and on many surfaces. There are very
few reports that toxigenic molds found inside homes can cause unique or rare health conditions such as
pulmonary hemorrhage or memory loss. These case reports are rare, and a causal link between the
presence of the toxigenic mold and these conditions has not been proven.
In 2004 the Institute of Medicine (IOM) found there was sufficient evidence to link indoor exposure to
mold with upper respiratory tract symptoms, cough, and wheeze in otherwise healthy people; with asthma
symptoms in people with asthma; and with hypersensitivity pneumonitis in individuals susceptible to that
immune-mediated condition. The IOM also found limited or suggestive evidence linking indoor mold
exposure and respiratory illness in otherwise healthy children. In 2009, the World Health Organization
issued additional guidance, the WHO Guidelines for Indoor Air Quality: Dampness and Mould[PDF – 2.65
MB]. Other recent studies have suggested a potential link of early mold exposure to development of
asthma in some children, particularly among children who may be genetically susceptible to asthma
development, and that selected interventions that improve housing conditions can reduce morbidity from
asthma and respiratory allergies, but more research is needed in this regard.
A common-sense approach should be used for any mold contamination existing inside buildings and
homes. The common health concerns from molds include hay fever-like allergic symptoms. Certain
individuals with chronic respiratory disease (chronic obstructive pulmonary disorder, asthma) may
experience difficulty breathing. Individuals with immune suppression may be at increased risk for infection
from molds. If you or your family members have these conditions, a qualified medical clinician should be
consulted for diagnosis and treatment. For the most part, one should take routine measures to prevent
mold growth in the home.
In summary, Stachybotrys chartarum (Stachybotrys atra) and other molds may cause health symptoms
that are nonspecific. At present there is no test that proves an association between Stachybotrys
chartarum (Stachybotrys atra) and particular health symptoms. Individuals with persistent symptoms
should see their physician. However, if Stachybotrys chartarum (Stachybotrys atra) or other molds are
found in a building, prudent practice recommends that they be removed.
Harriet Ammann, Ph.D., A Senior Toxicologist for the Washington State Department
of Health, Office of Environment Health Assessment. She is also Adjunct Associate
Professor in the Department of Environmental Health of the University of Washington's
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School of Occupational Health and Community Medicine. In her work for the State of
Washington, Dr. Ammann provides support to a variety of environmental health programs,
including ambient air and indoor air programs. She has participated in evaluations of
schools and public buildings with air quality problems, and has presented on toxic effects
from air contaminants, indoors and out, effect on sensitive populations, and other health
issues throughout the state. Through her work, she has developed an interest in the
toxicology of mold as an indoor air contaminant, and has published and presented on mold
toxicity relating to human health. Dr. Ammann is involved in several professional
organizations, serving as Vice-Chair of the Bioaerosols Committee of the American
Conference of Governmental Industrial Hygienists and on the American Lung
Association's National Technical Committee for the Building Indoor Air Quality Program.
According to Dr. Ammann "What is a “safe level”? That is a difficult question. In residences
concentrations based on the Burkard total mold spore method (or equivalent) should not exceed
10,000 S/m³ with 5000 S/m³ as a target level. Concentrations dominated by one genus such as
Penicillium, or Aspergillius even at 10,000 S/m³ are unacceptable. In such cases levels should not
exceed 5000 S/m³. One cannot state in regards to a mold problem whether a house is safe or not.
More realistically a house can be described as relatively safe when total airborne mold concentrations
are less than five-thousand 5000 S/M³ and no evidence of mold infestation is present. All mold is bad.
Some mold is worse. Mold stops growing when dry, but health issues remain.
Different types of mold tend to grow in different moisture regimes:
❖ Historical data indicate that indoor spore levels usually average 30 to 80 % of the outdoor spore
level at the time of sampling, with the same general distribution of spore types. Filtered or
conditioned air may average 5 to 15 percent of the outdoor spore level at the time of sampling. These
values are intended to be used as guidelines, and are affected by many factors such as outside air
intake rates and general dilution of indoor air as a result of open windows and exterior doors.
14.2 What is the Significance of Hyphal Fragments Reported in a Mold Lab Test
Report?
It is normal to find a few hyphal fragments in outdoor air and thus also in indoor air. At high levels or
in some circumstances, these particles might tell us something more about the building in which they
were detected. But if just a few such particles are reported in a mold lab report, they are most likely
insignificant.
In some fungi hyphal fragments may be allergenic or may even contain mycotoxins. (In our
terminology, fungal material may be harmless-cosmetic, allergenic, toxic, or pathogenic, depending
on the genera/species and on its growth conditions.)
But the hyphal fragments or pieces found in air or dust samples are usually quite large and not likely
to be inhaled deeply into the lungs. So mold hyphal fragments are less of an airborne risk to building
occupants than say a high level of airborne toxic or allergenic mold spores such as Aspergillus sp. We
report hyphal fragments in air or dust samples (where it is common to find at least some) for these
reasons:
• a high level of hyphal fragments can mean a high level of allergenic particles
/302 / Pre-Environmental Survey Page 11 of 13
EMS llc P.O. Box 1056 Templeton, CA. 93465 (805) 226-9344
• a high level of hyphal fragments is often corroboration of active nearby fungal growth (though
absence of them does not affirm absence of fungal growth)
Does the Presence of Hyphal Fragments Indoors Threaten New Mold Growth?
While some hyphal fragments might, if conditions were ripe, begin growing and eventually also lead
to mold spore production, that's not really a critical focus. In our opinion, if conditions are ripe to
grow mold, you'll get mold growing whether there were previously some hyphal fragments there or
not.
15.0 Unidentifiable Conditions:
Be advised that the data provided in this report only represents fungal growth and exposure
potentials that existed at the time the survey was performed and, at the precise sample locations
indicated, the latter of which were selected based on the available background information provided.
Fungal growth and exposure potentials may change due to changes in environmental conditions.
Additional fungal growth may exist at one or more locations in the structure that were not
specifically assessed during the survey The preliminary microbial investigation assessment has been
developed to provide our client with information regarding apparent conditions relating to the subject
property in the areas sampled and observed only, although EMS believes that the findings and
conclusions provided in this report are reasonable, the assessment is necessarily limited to the
conditions observed , and to the information available at the time of the work in the available time
frame allotted to complete our investigations and available data to us, to complete our investigation.
Without the benefit of appropriate microbial sampling and analysis coupled with extensive intrusive
investigations, it is impossible to determine with any degree of accuracy the presence of or absence of
microbial contamination within the subject premises.
Due to the nature of the work, there is a possibility that there may exist, conditions which could not
be identified within the scope of the assessment or which were not apparent at the time of our site
work.
The assessment is also limited to information available from the client at the time it was conducted.
It is also possible that the testing methods employed at the time of our investigation will later be
superseded by other methods. EMS does not accept responsibility for changes in the state of the art.
EMS does not guarantee that all contaminated areas in the property were recognized during our
evaluation. This report is limited therefore, accordingly as set forth above, and in our engagement
agreement. Additional sampling may be needed to further identify other pollutants or other
molds/fungus affected areas inside the property.
We have employed state-of-the-art practices to perform this analysis of risk and identification, but
this evaluation is severely limited in scope to the areas listed above, and per client's request, and
available resources, time, constraints, and budget. Accordingly, therefore our conclusions should be
considered in that light. No demolition or product review was performed in attempts to reveal
material compositions.
Our services provided, only consisted of professional opinions and recommendations made in
accordance with generally accepted engineering principles and practices and are designed to provide
analytical tool to assist the client, EMS or those representing EMS.
/302 / Pre-Environmental Survey Page 12 of 13
EMS llc P.O. Box 1056 Templeton, CA. 93465 (805) 226-9344
16.0 Warranty,
The field observation, measurements, and research reported herein are not considered sufficient in
detail and scope to identify any and all areas of contamination inside the structure. We do not have
the benefit of intrusive and evasive investigation which is necessary to accurately determine if hidden
areas of amplification exist inside wall cavities. Further too accurately represent all areas inside a
structure that may contain contamination would require opening all wall cavities and collecting
samples from extensive areas inside the structure. This would include, but be without limitations to
areas that are obfuscated from view, behind built-in cabinets, tile stone products, walls that are
covered with finish carpentry or stone façades.
Intrusive investigations of this type would not be practical unless all materials from inside a structure
were planned from removal. Without the ability to examine all such surfaces it is in impossible for us
or any reasonable Company to opine otherwise. Clearly conditions could exists that could negatively
and adversely affect the indoor air-quality, the occupants of both that may go undetected.
Accordingly our assessment and warranty of our preliminary microbial assessment is limited as set
forth in our engagement agreement.
Our opinions expressed herein relate to those areas we could examine and directly collect samples
from. Our recommendations could be incorrect for many reasons, including improper interpretation
of sample results inaccurate laboratory analysis or some other condition. All such circumstances are
covered in our engagement agreement. Therefore this preliminary microbial investigation should not
be considered complete and or be expected to uncover any and all potential microbial contamination
within the described premises.
The assessment conclusions and recommendations presented herein are based upon the subjective
evaluation of limited data available to us. They may not represent all conditions at the subject site, as
they reflect the information gathered from specific locations. EMS warrants that the findings and
conclusions contained herein have been promulgated in accordance with generally accepted industrial
hygiene methodology and only for the collection sites described in this report.
Thank you
(EMS LLC)
/302 / Pre-Environmental Survey Page 13 of 13
EMS llc P.O. Box 1056 Templeton, CA. 93465 (805) 226-9344
From: Brook Turner <Brook@hlf-esq.com>
Sent: Wednesday, May 17, 2023 2:06 PM
To: Sheats, Steven
Subject: Kim Davis-Davis v. James, Gutierrez, Lavin, Zagers - Correspondence
Attachments: 230517 - Ltr to Sheats.pdf
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good afternoon, Mr. Steve Sheats
Attached please find correspondence from David Hamilton.
Should you have any questions, please do not hesitate to contact our office.
-Sami Ojeda
HAMILTON LAW FIRM
Brook Turner | Legal Administrator
Landlord-Tenant Disputes | Real Property | Business Law | Civil Litigation
755 Santa Rosa Street, Suite 300
San Luis Obispo, CA 93401
Phone: 805.541.4900
brook@hlf-esq.com | www.hlf-esq.com
From: David Hamilton <david@hlf-esq.com>
Sent: Thursday, June 29, 2023 10:00 AM
To: Sheats, Steven
Subject: Status
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Property Address: 302 Buena Vista Avenue, San Luis Obispo, CA 93405
Code Case #: CODE-000051-2023
Our Client: Kim Davis, Property Owner
Hi Steve,
I just wanted to update you on the status of this matter. The tenants are vacating the premises
tomorrow. After that, Ms. Davis will have a professional inspect the premises and existence of mold and
then begin the whatever remediation is necessary. The property will remain vacant until this is
completed. I don’t have a specific timeline for any required repairs but will loop you in as soon as I
know.
Thanks,
David
David S. Hamilton, Esq.
HAMILTON LAW FIRM
Landlord-Tenant Disputes | Real Property | Business Law |
755 Santa Rosa Street, Suite 300
San Luis Obispo, CA 93401
Phone: 805.541.4900
david@hlf-esq.com | www.hlf-esq.com
_______________________________________________________
PRIVILEGED AND CONFIDENTIAL: ATTORNEY/CLIENT COMMUNICATION
This email message is for the sole use of the intended recipient(s) and may contain confidential
and privileged information. Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply mail and
destroy all copies of the original message and any attachments thereto.
From: Sheats, Steven
Sent: Wednesday, September 27, 2023 11:23 AM
To: 'David Hamilton'
Subject: RE: Status
Hi David,
Thanks for the response. We have a few options.
1) I can come by and inspect the property and make sure there is no visible growth.
2) A receipt from the contractor that did the work to give evidence of repair.
3) A clearance report from a remediation company saying that all work was completed and
no further mold was detected.
Please let me know which would be best for the owner.
Thank you,
Steve
From: David Hamilton <david@hlf-esq.com>
Sent: Wednesday, September 27, 2023 10:45 AM
To: Sheats, Steven <ssheats@slocity.org>
Subject: RE: Status
Hi Steven,
Yes she has had everything done. Do you need any documentation from her? Please let me know.
David
David S. Hamilton, Esq.
HAMILTON LAW FIRM
Landlord-Tenant Disputes | Real Property | Business Law |
755 Santa Rosa Street, Suite 300
San Luis Obispo, CA 93401
Phone: 805.541.4900
david@hlf-esq.com | www.hlf-esq.com
_______________________________________________________
PRIVILEGED AND CONFIDENTIAL: ATTORNEY/CLIENT COMMUNICATION
This email message is for the sole use of the intended recipient(s) and may contain confidential
and privileged information. Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply mail and
destroy all copies of the original message and any attachments thereto.
-----Original message-----
From: "Sheats, Steven" [ssheats@slocity.org]
Sent: Wednesday, Sep 20 2023 2:11 PM
To: david@hlf-esq.com
Subject: RE: Status
Good afternoon David,
I hope you are doing well. I am reaching out for an update on the Davis property. Has Ms. Davis
had testing/remediation done at the property?
Thank you,
Steve Sheats
Code Enforcement Officer
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E ssheats@slocity.org
T 805.783.7841
slocity.org
Stay connected with the City by signing up for e-notifications
From: Sheats, Steven
Sent: Thursday, June 29, 2023 10:29 AM
To: David Hamilton <david@hlf-esq.com>
Subject: RE: Status
Hi David,
Thank you for the update. I’ll update my case notes.
Best,
Steve Sheats
Code Enforcement Officer
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E ssheats@slocity.org
T 805.783.7841
slocity.org
Stay connected with the City by signing up for e-notifications
From: David Hamilton <david@hlf-esq.com>
Sent: Thursday, June 29, 2023 10:00 AM
To: Sheats, Steven <ssheats@slocity.org>
Subject: Status
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Property Address: 302 Buena Vista Avenue, San Luis Obispo, CA 93405
Code Case #: CODE-000051-2023
Our Client: Kim Davis, Property Owner
Hi Steve,
I just wanted to update you on the status of this matter. The tenants are vacating the premises
tomorrow. After that, Ms. Davis will have a professional inspect the premises and existence of mold and
then begin the whatever remediation is necessary. The property will remain vacant until this is
completed. I don’t have a specific timeline for any required repairs but will loop you in as soon as I
know.
Thanks,
David
David S. Hamilton, Esq.
HAMILTON LAW FIRM
Landlord-Tenant Disputes | Real Property | Business Law |
755 Santa Rosa Street, Suite 300
San Luis Obispo, CA 93401
Phone: 805.541.4900
david@hlf-esq.com | www.hlf-esq.com
_______________________________________________________
PRIVILEGED AND CONFIDENTIAL: ATTORNEY/CLIENT COMMUNICATION
This email message is for the sole use of the intended recipient(s) and may contain confidential
and privileged information. Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply mail and
destroy all copies of the original message and any attachments thereto.
From: David Hamilton <david@hlf-esq.com>
Sent: Monday, April 1, 2024 2:27 PM
To: Sheats, Steven
Subject: 302 Buena Vista
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hello Steve,
I wanted to update you on the status of the above-referenced property and the on-going remediation.
As you may recall, the property has been vacant for some time now. However, I have been informed
that the owner has entered into a lease agreement for occupancy with new tenant(s).
At this time, my client is in the process of retaining the necessary professionals in order to effectuate
any needed remediation and to have the premises tested for the presence of mold. All of this will be
done prior to any tenant(s) occupying the property.
At the conclusion of testing, I will provide you with appropriate documentation in order to show that the
property is compliant with the applicable codes/regulations pertaining to the presence of mold.
Should you have any questions or require any specific documentation, please let me know at your
earliest convenience.
Thank you,
David Hamilton
David S. Hamilton, Esq.
HAMILTON LAW FIRM
Landlord-Tenant Disputes | Real Property | Business Law |
755 Santa Rosa Street, Suite 300
San Luis Obispo, CA 93401
Phone: 805.541.4900
david@hlf-esq.com | www.hlf-esq.com
_______________________________________________________
PRIVILEGED AND CONFIDENTIAL: ATTORNEY/CLIENT COMMUNICATION
This email message is for the sole use of the intended recipient(s) and may contain confidential
and privileged information. Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply mail and
destroy all copies of the original message and any attachments thereto.