HomeMy WebLinkAbout20260310_Declaration of Code Enforcement ISO Application- City_City v Smith
DECLARATION OF CODE ENFORCEMENT SUPERVISOR J. MEZZAPESA
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CIV
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J. CHRISTINE DIETRICK, SBN 206539
City Attorney, City of San Luis Obispo
MATTHEW R. SILVER, SBN 245528
MSilver@CivicaLaw.com
SEAN E. MORRISSEY, SBN 297371
SMorrissey@CivicaLaw.com
NICHOLAS GARCÉS, SBN 273277
NGarces@CivicaLaw.com
CIVICA LAW GROUP APC
4000 Barranca Parkway, Suite 250, PMB #782
Irvine, California 92604
Phone: 949-592-0165
Fax: 949-335-1701
Attorneys for Plaintiffs
City of San Luis Obispo, and
People of the State of California
Exempt from filing fees pursuant to
Government Code section 6103.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
THE PEOPLE OF THE STATE OF
CALIFORNIA, EX REL, J. CHRISTINE
DIETRICK, CITY ATTORNEY OF THE CITY
OF SAN LUIS OBISPO; and,
THE CITY OF SAN LUIS OBISPO, a California
municipal corporation,
Plaintiff,
v.
LAUREL CREEK, LP, a California Limited
Partnership;
LAUREL CREEK, II, L.P., a Delaware limited
partnership;
1160 LAUREL LANE, LLC, a California limited
liability company;
PATRICK N. SMITH a/k/a PATRICK SMITH, an
individual;
SMITH AND COMPANY, A REAL ESTATE
INVESTMENT DEVELOPMENT
CORPORATION, a California corporation;
PATRICK N. SMITH a/k/a PATRICK SMITH, AS
TRUSTEE OF THE PATRICK N SMITH 2004
LIVING TRUST;
CPIF CALIFORNIA LLC, a California limited
liability company;
Case Number: 25CV-0667
Action Filed: October 16, 2025
Judge: Hon. Tana L. Coates
Dept.: 4
DECLARATION OF CODE
ENFORCEMENT SUPERVISOR JOHN
MEZZAPESA IN SUPPORT OF PLAINTIFF
CITY OF SAN LUIS OBISPO’S EX PARTE
APPLICATION FOR APPOINTMENT OF
RECEIVER, OR ALTERNATIVELY, FOR
AN ORDER SHORTENING TIME
Filed concurrently with:
1. Ex Parte Receivership Application;
2. Memorandum of Points and Authorities;
3. Declaration of Building Inspector Trevor
Nelson;
4. Declaration of Fire Marshal Josh Daniel;
5. Declaration of Attorney Sean Morrissey;
6. Declaration of Proposed Receiver Singer;
7. Request for Judicial Notice;
8. Appendix of Exhibits;
9. [Proposed] Receivership Order;
10. Proof of Service.
ELECTRONICALLY FILED3/10/2026 9:29 AM
DECLARATION OF CODE ENFORCEMENT SUPERVISOR J. MEZZAPESA
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CIV
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CPIF LAUREL CREEK, LLC, a Washington
limited liability company;
ALL WALL SYSTEMS, INC., a Delaware
corporation;
AMERICAN RIVIERA BANK, a California
corporation;
ARNOLD BUILDERS, INC., a California
corporation;
B & B CONSTRUCTION CLEANUP INC., a
California corporation;
BLUE STEEL CONCRETE, LLC, a California
limited liability company;
COAST ENGINEERING & DESIGN INC., a
California corporation;
CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC., d/b/a CALIFORNIA
ELECTRICAL SUPPLY, a Delaware corporation;
CULBERT PLUMBING INC., F/K/A CULBERT
CONSTRUCTION AND PLUMBING, INC., a
California stock corporation;
EMPIRE ELECTRICAL SOLUTIONS, INC., a
California corporation;
FAMCON PIPE & SUPPLY, INC., a California
corporation;
G W SURFACES, a California corporation;
HOMER T. HAYWARD LUMBER CO., a
California corporation;
KIRK CONSTRUCTION, a California corporation;
LC LENDERS, LLC, a Delaware limited liability
company;
LW CONSTRUCTION, INC., a California
corporation;
MAHOGANY CONSTRUCTION, INC., a
California corporation;
NOLAN CHURCH DOING BUSINESS AS
COLORTRENDS PAINTING & DECORATING,
a California sole ownership or proprietor business;
SCHINDLER ELEVATOR CORPORATION, a
Delaware corporation;
THE SHERWIN-WILLIAMS COMPANY, an
Ohio corporation;
UNITED RENTALS (NORTH AMERICA) INC.,
a Delaware corporation;
US AIR CONDITIONING DISTRIBUTORS,
LLC, a Delaware limited liability company; and,
DOES 1 through 50, inclusive,
Defendants.
Hearing:
Date: March 12, 2026
Time: 8:30 a.m.
Dept: 4
Trial: None Set
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DECLARATION OF CODE ENFORCEMENT SUPERVISOR/INERIM DEPUTY BUILDING
OFFICIAL JOHN MEZZAPESA
I, John Mezzapesa, declare:
1. I am a competent adult over the age of 18 and have personal knowledge of the following
facts which I could and would testify to if called as a witness. I make this declaration in support of the
City of San Luis Obispo Ex Parte Application for Appointment of Receiver, or Alternatively, for an
Order Shortening Time pursuant to Health and Safety Code Section 17980.7(c).
2. I am currently and at all times relevant to this declaration have been, employed in a code
enforcement capacity with the City of San Luis Obispo (“City”). Specifically, I am a Code Enforcement
Supervisor. I have been employed with the City for over 12 years and have nearly 10 years of experience
in code enforcement, including serving as the City’s Code Enforcement Supervisor for over 2 years, and
as Interim Deputy Building Official for over a year and a half. As a Code Enforcement Supervisor, my
general duties and responsibilities for the City include assigning, supervising, reviewing, and evaluating
the caseload work of staff engaged in code enforcement activities, training and overseeing education
activities for code enforcement staff, receiving and responding to citizen complaints regarding nuisance
abatement, substandard housing, dangerous buildings, building code violations, and zoning violations,
as well as inspecting residential and commercial buildings, structures, and properties throughout the
City, and enforcing State housing laws, California Health and Safety Code (“HSC”), the California
Building Code (“CBC”), the California Electrical Code (“CEC”), the California Fire Code (“CFC”), the
California Mechanical Code (“CMC”), the California Plumbing Code (“CPC”), the International
Property Maintenance Code (“IPMC”), the Uniform Code for Abatement of Dangerous Buildings
(“UCADB”), the San Luis Obispo Municipal Code (“SLOMC”) and other applicable laws. I am also a
designated Certified Code Enforcement Officer with the California Association of Code Enforcement
Officers (“CACEO”).
3. The City’s Code Enforcement staff are members of the City Community Development
Department (“CDD”), which is the primary City department tasked with enforcing state and local laws
pertaining to substandard properties. Records regarding the enforcement case for the Subject Property
are kept in the CDD’s case file, the entirety of which I have reviewed, and I am readily familiar with
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them.
4. I have received training on City codes, code enforcement, and inspections, and am readily
familiar with the HSC, CBC, CEC, CFC, CMC, CPC, IPMC, UCADB, and the SLOMC, and other state
housing laws. I have inspected numerous properties within the City for compliance with the law and
engaged in code enforcement efforts to obtain compliance.
5. I have been personally involved with and am aware of the City’s code enforcement efforts
involving the parcels of real property located at 1150 Laurel Lane, San Luis Obispo, California, 93401,
Assessor’s Parcel Numbers 004-962-036, 004-962-037, and 004-962-042 (“Subject Property”). I have
access to, have reviewed, and am familiar with the City’s records regarding the Subject Property. I make
the following statements and opinions based on my review of the City’s entire code enforcement file,
including all photographs, my knowledge and experience with Subject Property, and my extensive
training and experience with code enforcement issues and violations. If called to do so, I could and would
competently testify to the facts stated in this declaration.
Information Regarding Subject Property And Ownership
6. Based on City records and staff research on ownership records for the Subject Property, for
all times relevant to this declaration, the Subject Property has been owned by Defendant Laurel Creek
L.P. (“Defendant Laurel Creek LP”) and Defendant Laurel Creek II, L.P. (“Defendant Laurel Creek II
LP”) (collectively, “Defendant Owners” or “Owners”), pursuant to a Grant Deed recorded June 24, 2020,
in the San Luis Obispo County Record’s Office (“SLO Official Records”), with record number
2020031255 (“Grant Deed 1”), and a Grant Deed recorded on April 1, 2021, in SLO Official Records,
with record number 2021024686 (“Grant Deed 2”), respectively (collectively “Grant Deeds”). True and
correct copies of the Grant Deeds are attached as Exhibit 1 to the Appendix of Exhibits (“AOE”) and
are incorporated herein.
7. I am also informed and believe that Defendant 1160 Laurel Lane, LLC (“Defendant 1160
Laurel Lane LLC”), is general partner for, and authorized to act in a representative capacity as an agent
for, both Defendant Laurel Creek LP and Defendant Laurel Creek II LP in relation to the Subject
Property. I am also informed and believe Defendant Patrick N. Smith, also known as, Patrick Smith
(“Defendant P. Smith”) is an officer, director, manager, and/or member of, and acts on behalf of and
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directs the actions of Defendant 1160 Laurel Lane, LLC, and therefore also acts on behalf of and directs
the actions of Defendant Owners in his capacity as an officer, director, manager, and/or member of
Defendant Laurel Creek LP’s and Defendant Laurel Creek II LP’s general partner and in regard to
matters related to the Subject Property.
8. The Subject Property consists of large multiple parcels of approximately 8.6-acres
containing an approximately 200,000 plus square foot development project with a warehouse, storage
units, and incomplete, unpermitted, substandard, unsafe and/or red tagged or unoccupiable two-story,
mixed-use structure with approximately twelve (12) separate commercial suites located on the first floor,
and partially constructed apartment/dwelling units on the second floor, and contains violations of state
and local laws. There is also a long history of unpermitted and unfinished construction at the Subject
Property, and previous inspections revealed that nearly all structures on the Subject Property contain
significant unpermitted and unfinished construction, leading to it being identified as dangerous and to
orders prohibiting occupancy. As further discussed below, those orders also required people in Cal Fire,
a church, and other offices and occupants to vacate. The Subject Property is in a densely populated area
near many businesses, parks, churches, residences, a museum, and schools, and is plagued with
numerous violations of law, including but not limited to: unoccupiable red tagged/condemned property;
first floor office suites, second floor apartment/dwelling units, and exterior structure in various stages of
construction with significant unpermitted, unauthorized, and/or incomplete and unfinished work;
incomplete or lacking fire safety requirements, systems, and safeguards; and, many dangerous,
substandard, and hazardous conditions posed by a pattern of unpermitted construction, unauthorized
occupancy, and building activity that compromises public safety, among other violations.
City’s Enforcement Efforts To Ensure The Safety Of The Subject Property
9. The Subject Property raises serious health and safety concerns that have persisted and
worsened, despite the City’s many efforts, as described below, to request that Defendant Owners
cooperate or take action to remedy the violations and years of more than reasonable City efforts to seek
compliance. In light of the Defendant Owners’ failure to act for over five years, the conditions remain
and continue to worsen and pose serious risks.
10. By 2020, Defendant Owners - essentially new company entities controlled or managed by
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Defendant P. Smith or companies he managed in some way - made the Subject Property a site of
significant development and construction. Around 2020, at least fourteen (14) building, fire, and grading
permits were applied for and issued to Defendant Laurel Creek LP and Defendant P. Smith as an
authorized agent, or their contractors.
11. Around that time, and after, the City saw a shift in development, with multiple permits filed
for residential and assembly conversions. These included plans for adding multi-family units to both
stories, accessibility upgrades, converting warehouse spaces into large assembly spaces, and upgrading
fire separations and building systems to meet code requirements, among other projects.
12. Soon after the 2020 building permits were issued, the Subject Property became the focus of
the City’s code enforcement efforts, largely related to an ongoing pattern of unpermitted construction,
unauthorized occupancy, and building activity that compromises public safety.
13. Between 2021 and 2022, the City issued at least four Notices of Violation for various
unlawful conditions, including but not limited to, unpermitted construction in violation of SLOMC
section 15.02.010 and CBC section 105.1; unlawful electrical modifications, in violation of SLOMC
section 15.02.010 and CFC section 605.5; inadequate egress, in violation of SLOMC section 15.02.010
and CBC section 11B 403.5.1, subdivision 3; unlawful occupancy in violation of SLOMC section
15.02.010 and CBC section 111.1; and, inaccessible and/or inadequate parking, including to some spaces
for CAL Fire staff, in violation of SLOMC section 15.02.010 and CBC section 11B -208.2. True and
correct copies of the Notices of Violation issued between 2021 and 2022 are attached as Exhibit 2 to the
AOE and are incorporated herein.
14. Around January 11, 2024, the City staff issued Temporary Certificates of Occupancy
(“TCO”) for first floor office suites 110, 175, 180, 184, 186, 190, which expired April 1, 2024. Some
were extended, for a little longer in 2024, but any extensions and all TCOs have long expired and
eventually left people and businesses without occupancy. True and Correct copies of Temporary
Occupancy Certificates are attached as Exhibit 3 to the AOE and are incorporated herein.
15. On or about November 21, 2024, City fire staff inspected the Subject Property and identified
a number of fire safety related violations including but not limited to, incomplete fire sprinkler system
with unprotected areas without sprinklers; temporary fire pump greatly exceeding number of allowable
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days and lack of permanent fire pump; obstructed and unsafe paths of egress; inactive backflow without
signage it is was out of order; blocked fire hydrant to the back of property and lack of adequate clearance
in front of onsite fire hydrants; unsecured combustible/wood stored from public access on the exterior
in improperly maintained stacks; exposed electrical wiring in occupied spaces; and, noncompliant
combustible hangings/curtains in event space, among other violations.
16. By 2025, the pattern of enforcement, combined with the expired TCOs, expiration of
permits, abandonment of construction projects, and concerning fire safety issues, led to the City’s most
recent code enforcement efforts to address significant safety concerns.
17. On March 10, 2025, the City issued a Notice and Order of Violations (“2025 NOV”), which
City staff mailed and posted to the property, declaring the building and several suites, including numbers
110, 175, 180, 184, 186, and 190 unlawful, unsafe, unfit for occupancy, and dangerous in violation of
SLOMC section 15.02.130, and IPMC sections 111.1.1, 111.1.3, 11.1.4, and 11.1.5. The 2025 NOV also
cited issues for incomplete fire separation and egress construction under building permit numbers
BLDG-2361-2020 and BLDG-0813-2021, and concerns over removed or incomplete wall bracing.
Although the NOV allowed warehousing activities to remain, given the lower occupancy risk, the 2025
NOV required all affected spaces to be vacated and secured within 30 days. The 2025 NOV also
voided existing TCOs. The City’s 2025 NOV also affirmed that the building may no longer operate
under unlimited area provisions until full life-safety upgrades are completed. A true and correct copy of
the 2025 NOV is attached as Exhibit 4 to the AOE and is incorporated herein.
18. On March 13, 2025, other City staff and I conducted a follow up public right-of-way
inspection and observed large sections of the exterior walls were removed, leaving the interior open to
the elements. Fireproofing material was observed to have been damaged, since part of the exterior wall
was removed. We also observed missing cross bracing, and several portions of exterior walls were
covered with degraded plywood sheathing. Other large portions of walls were missing surface coverings,
leaving sheathing and Tyvek paper wrap directly exposed to the elements in late winter. True and correct
copies of March 13, 2025, photographs are attached as Exhibit 5 to the AOE and are incorporated herein.
19. On or about March 19, 2025, following issuance of 2025 NOV, Defendant P. Smith, on
behalf of Defendant Owners, appealed the March 2025 NOV before the City’s Construction Board of
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Appeals (“CBOA”). Although the City rejected Defendant Owners’ initial appeal for deficiencies in that
submission, Defendant Owners eventually resubmitted the appeal, and a hearing was scheduled a few
months later.
20. On April 14, 2025, the City recorded a Notice of Abatement Proceedings (“NOAP”), with
document number 2025-010157, in the SLO Official Records. A true and correct copy of the April 14,
2025, NOAP is attached as Exhibit 6 to the Appendix of Exhibits and is incorporated herein.
21. On April 25, 2025, other City staff and I conducted another consented inspection of interior
and exterior portions of the Subject Property to confirm compliance. We confirmed the unlawful
conditions and violations from the March 2025 NOV, remained and discovered other unlawful,
hazardous, and dangerous conditions and many other violations. True and correct copies of selected
April 25, 2025, photographs are attached as Exhibit 7 to the Appendix of Exhibits and are incorporated
herein.
22. On April 30, 2025, other City staff and I conducted another follow up consented inspection,
and observed more and extensive incomplete construction as well as unpermitted construction, and
unsafe and hazardous conditions. True and correct copies of selected April 30, 2025, photographs are
attached as Exhibit 8 to the Appendix of Exhibits and are incorporated herein.
23. On May 5, 2025, the City’s Construction Board of Appeals held a formal public hearing
regarding the City’s 2025 NOV. Following a full hearing, the CBOA voted unanimously to deny the
Owners’ appeal and upheld the 2025 NOV and the violations. The CBOA’s actions were formalized
through Resolution No. CBOA-01-25 (“CBOA Resolution”), which confirmed portions of the building
were dangerous and upheld the order to vacate and secure dangerous portions of the building from entry.
The CBOA Resolution upheld the violations identified in the 2025 NOV and found other unlawful
conditions existed on the Subject Property in violation of the SLOMC and IMPC, including but not
limited to, an incomplete fire sprinkler system, deteriorated fire loop and temporary system, incomplete
fire walls and fireproofing, incomplete exterior envelope, ember vulnerability, deteriorating temporary
materials, accumulation of junk and debris, proximity to community facilities and child access,
unsecured access and vulnerability to trespass, expired permits, expired temporary occupancy
certificates, nonconforming means of egress, unsafe elements, code violations creating fire risk, and
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threat to life or health. A true and correct copy of the CBOA Resolution is attached as Exhibit 9 to the
Appendix of Exhibits and is incorporated herein.
24. Following the CBOA Resolution, City staff continued to monitor the Subject Property for
compliance. However, the unlawful, unsafe, and dangerous conditions, which also made the Subject
Property unsafe for occupancy, persisted for over three more months without full compliance.
25. Additionally, before and after the CBOA Resolution, a number of permits and/or projects
for tenant improvements, fire protection systems, residential conversions, and site work at the Subject
Property originally issued from 2020 through 2023, and which involve projects including critical
elements—such as fire-related construction, fire sprinklers, and occupancy-related safety renovations—
that are essential to legal occupancy of the life-safety compliance expired.
26. By September 2025, at least eight permitted projects remained incomplete with expired
permits for tenant improvements and/or for interior renovations for planned remodels or upgrades to
commercial spaces and remain unfinished.
27. By September 2025, at least four permitted projects remained incomplete with expired
permits for modifications or new fire sprinkler systems and/or fire alarms and remain unfinished.
28. By September 2025, at least six permitted projects remained incomplete with expired
permits for unfinished or canceled efforts to convert commercial space into residential or mixed-use
space and remain unfinished.
29. By September 2025, at least two permitted projects remained incomplete with expired
permits for site-level construction, which was not finalized for American Disabilities Act compliance,
and general grading work and remain unfinished.
30. Following the multiple inspections and many continued expired permits, other City staff and
I identified 274 substantially dangerous and hazardous violations of state and local laws. The Subject
Property remains and is currently in violation of numerous State and local laws, including but not limited
to, HSC, CBC, CEC, CFC, CMC, CPC, IPMC, UCADB, and the SLOMC, and other applicable laws.
31. A summary of the 274 violations of law and nuisance conditions identified on the Subject
Property includes, but is not limited to, the following unlawful conditions:
31.1. First floor office suites 100, 110, 115, 120, 132, 140, 160, 170, 175, 180, 184, 190,
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and 300: suites in various states of partial or incomplete construction, including red
tagged/condemned areas unsafe for occupancy; unpermitted construction; unfinished,
uneven, and unfinished floors; unfinished, dilapidated, and/or damaged walls with
exposed electrical, plumbing, structural, and/or mechanical components, and
including incomplete fire walls; damaged, inadequate, or improperly applied interior
wall coverings; unfinished, missing, and/or unsealed ceilings and ceiling
penetrations; improper, missing, unfinished and/or nonfunctioning fire sprinklers, fire
alarm monitoring systems, and/or smoke detectors; improper and/or inadequate fire
resistance protections, fire-rated doors, and fire protection equipment; unfinished
plumbing and piping and missing drain caps; unpermitted and improper electrical
installations and/or wiring; exposed, loose, unsecured, damaged electrical wires,
fixtures, and outlets; exposed, unsecured, and/or unfinished electrical conduits and
junction boxes; exposed, missing, and/or unfinished mechanical components;
inadequate heating; unfinished and exposed gas lines; missing required exit signage;
accumulations and excessive storage of equipment, machinery, tools, and other
materials, including obstructing egress routes; improperly secured and maintained
storage racks; blocked doors; lack of required ADA bathroom access and counters;
and, signs of animal and/or rodent infestation in some areas, among other violations.
31.2. Second Floor incomplete apartment/dwelling units: units in various states of partial
or incomplete construction, including red tagged areas unsafe for occupancy;
unpermitted construction; unfinished, uneven, and unfinished floors in hallways and
units, including holes and gaps in the floor of some units; unfinished, inadequate,
dilapidated, damaged, and/or unsealed walls and wall penetrations, including
incomplete fire walls; unsealed penetrations in fire-rated horizontal assemblies
around structural, plumbing, mechanical, and other installed components in its floors
and ceilings; unfinished, missing, and/or unsealed ceilings and ceiling penetrations;
missing or unfinished interior doors; units with signs of water damage; missing or
unfinished second-floor balcony guard railing and/or balcony fire sprinklers;
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damaged balcony exterior walls lacking adequate weather protection; exposed and
unfinished mechanical components, including unprotected HVAC line sets;
inadequate, unfinished, and/or missing mechanical exhaust facilities, including
exhaust systems, registers, and kitchen exhaust facilities; unpermitted and improper
electrical installations and/or wiring; exposed, loose, unsecured, damaged electrical
wires, fixtures, and outlets; exposed, unsecured, and/or unfinished electrical conduits
and junction boxes; dangerous and exposed electrical panel/breakers; missing and
unfinished required light fixtures and covers; exposed and unfinished plumbing and
piping, including but not limited to, incomplete and unsupported water lines, lack of
adequate shutoff valves, and, lack of hot water pipe insulation; inadequate and
unfinished bathroom and kitchen facilities; obstructions to egress and egress routes;
accumulation of stored construction materials, including trash bins, extension cords
and other wiring, wood materials, and other miscellaneous construction materials and
debris; missing required exit signage in halls and stairways; improper, missing,
unfinished and/or nonfunctioning fire sprinklers, fire alarm monitoring systems,
and/or smoke detectors; and, improper, unfinished, and/or inadequate fire resistance
protections, fire-rated doors, and fire protection equipment, among other violations.
31.3. Exterior Structure: improper exterior materials and/or exterior walls; unfinished,
damaged, and dilapidated exterior walls, resulting in inadequate weather protection;
damaged, inadequate, or missing exterior structural components, including
intumescent paint and other protective coverings; unfinished and dilapidated exterior
doors; uneven and extremely unsafe exterior walking surfaces; exterior standpipe
connection blocked by unfinished construction; mold growth on exterior and open
unfinished interior walls; substantially damaged and dilapidated roof, which contains
large holes; damaged and exposed exterior electrical conduits and equipment,
mechanical components, and piping on the roof; corroded, damaged, unsupported,
and unpermitted gas lines and unprotected gas meter on the roof; inaccessible exterior
electrical transformer; unsafe, open, damaged exterior guardrails on stairways and
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stairways and other areas; unsafe exterior stairs; unpermitted exterior electrical
heaters; unsecured, exposed, dilapidated and/or damaged exterior electrical conduits,
junction boxes, wiring, outlets; improper excavation and unprotected foundation;
obstructed, locked and/or improper exterior exit doors, stairways, and lighting;
damaged and missing fencing; damaged and dilapidated parking; inaccessible
required ADA parking; blocked accessibility signage; improper drain grate openings;
damaged and unsecured electrical components for a fire protection system;
obstructed, inadequately maintained, abandoned, and/or unfinished fire hydrants;
unpermitted construction, including water line work; unpermitted temporary fire
pump; inaccessible emergency fire and electrical equipment in the event of an
emergency; inadequate fire pump vehicle impact protection; various unlawful fire
protection system conditions, including damaged, cracked, nonfunctional, obstructed,
abandoned, buried, disconnected, inoperable and/or improperly identified post valve
indicators, faulty and/or inoperable pressure gauges, and, unsupervised and unsecured
fire pump room with inadequate flow alarms, lighting, and signage; inadequate
exterior access routes; inadequate separation from of vehicular and pedestrian traffic;
unlawful zoning uses, including off-site business vehicle parking and signage;
inadequate tree protection; accumulations of junk, trash and debris; overgrown and
dead weeds and vegetation; inadequate stormwater best management practices to
prevent migration of pollutants into the storm drain system; and, inadequate exterior
balcony guardrails; among other violation.
32. On September 2, 2025, the City issued a Notice and Order to Repair or Abate (“N&O”),
pursuant to HSC sections 17980 et seq., citing the 274 violations of law on the Subject Property finding
that they posed a substantial danger and immediate threat and ordered rehabilitation of the Subject
Property to begin within 15 days and to be completed within 30 days, by October 2, 2025 (“Compliance
Deadline”). The N&O detailed all identified violations and indicated what steps needed to be taken to
correct each identified violation. The N&O also noted that failure to comply would potentially result in
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further legal action, including the appointment of a court receiver. The N&O was served on Defendant
Owners and all interested parties with a recorded interest in the Subject Property by posting the N&O
on the Subject Property and mailing it by first class mail as required by HSC section 17980.6. True and
correct copies of the photographs taken at the time the N&O was posted are attached as Exhibit 10 to
the AOE and are incorporated herein.
33. On September 8, 2025, the City recorded a Notice of Pendency of Nuisance Abatement
Action (“NoP”) and attached the N&O as an exhibit, on title to the Subject Property as document number
2025-026224 in the SLO Official Records in order to provide constructive notice to all interested parties
of the City’s pending nuisance abatement action and the N&O (“NoP with N&O”). A true and correct
copy of the NoP with N&O is attached as Exhibit 11 to the AOE and is incorporated herein.
34. The N&O Compliance Deadline passed without full compliance.
35. Since the N&O was issued, the Owners have had more than 180 days, or six months, to
remedy the violations on the Subject Property but have failed to take the necessary remedial efforts. To
date, the Subject property remains in violation of law and remains a substandard nuisance that is
substantially and immediately dangerous to the health, safety, and welfare of the community and public.
36. On October 3, 2025, while posting additional legal notices to each parcel of the Subject
Property, I observed the same or worse conditions, including unpermitted construction, and an ongoing
lack of compliance. The exterior structure had large sections lacking weather protection, building
materials exposed to the elements, and in a state of unfinished construction, along with remaining expired
permits. True and correct copies of the photographs taken on October 3, 2025, are attached as Exhibit
12 to the AOE and are incorporated herein.
37. On October 16, 2025, the City filed this action. Although the Owners are aware of the City’s
intention to seek a receivership if no corrective action was taken, the Subject Property remains in the
same or worse condition, and Defendant Owners have taken little to no action to respond to the N&O or
take corrective action.
38. On December 8, 2025, I conducted a follow up public right-of-way inspection and observed
the same or the worse conditions, including but not limited to, unfinished and unpermitted construction
and still no compliance. For example, even without inspecting the building interior, from outside, I
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observed several areas and sections of exterior walls still unfinished and/or lacking necessary materials
and weather protection, construction materials and other large objects left on the ground outside in
various areas and exposed to the elements, including in parking lot spaces, cars parked and indications
of people entering offices and the building despite being posted with notices prohibiting occupancy,
entry, and use, indicating that at least some of the building is unsecured from prohibited entry, various
construction fencing left and remaining in various areas and some unsecured, among other conditions.
True and correct copies of the photographs taken on December 8, 2025, are attached as Exhibit 14 to
the AOE and are incorporated herein.
39. On February 27, 2026, I returned to Subject Property and observed during a public right-of-
way inspection that the property was in worse condition. Large sections of the building exterior remained
unfinished and exposed. For example, large walls were missing siding, windows in one area and the
exterior wall around them appeared unfinished. This time I observe significant amounts of junk, trash,
and debris, accumulated, piled, and strewn about, including but not limited to, boxes; pieces of
cardboard, paper, plastic, and metal; plastic bags; filled trash bags; plastic waste; shopping carts; chairs;
furniture; suitcases and backpacks; discarded toys; bicycles; bicycle tires and/or bicycle parts; a mattress;
cloth from various sources; tarps; toppled orange safety cones or markers; large barrels; wooden pallets;
construction supplies; piles of dirt/gravel; piles of destroyed chunked asphalt remains; large pieces of
wood sheets, planks, and other wood items; large pipes; construction debris; and, various other
miscellaneous items. These items were found on various areas of the Subject Property. Additionally, a
large pit in the ground appeared to have been used as a dumping site for various junk, trash, and debris,
with many items sitting in a shallow puddle of mud in the middle of the pit. Junk, trash, and debris were
also left in grassy areas outside the large pit approaching the building, with overgrown vegetation
growing around the trash left on the ground. Junk, trash, debris, including construction supplies and
debris, were also piled closer to the building in parking lots, and left on the ground closer to the building
exterior. A lot, if not a majority, of the building materials appeared deteriorated and weathered from
exposure to the outdoors over the past several winter months. On a path closer to the building, I observed
red “Danger” tape stringing the length of various trees warning entrants and trespassers away. Closer to
the building, I observed construction supplies and debris on the ground around the building and in one
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area several couches and chairs were left out in the elements, faded, discolored, and in various states of
wear. Despite the couches appearing weathered and unsanitary, I observed piles of clothes and blankets
on or near some, a kettle and electrical cords nearby, and signs that unhoused individuals may have been
using the couches and area as a sort of encampment. Up close, the wear to the exposed building materials
was more prominent. Some uncompleted areas on the underside of a roof overhang were coming loose
and exposing building materials underneath to the weather. The exposed building materials were visibly
weathering and fading from the elements and the unfinished and unprotected exterior surfaces of the
Subject Property building continued to deteriorate and become more dilapidated the longer they sat
exposed and unrepaired. I also believe that the continued presence of the exterior violations on the
Subject Property indicates that the interior violations are still present and continue to worsen. Moreover,
despite the notices previously posted on the building, I again observed signs of people entering or using
restricted portions of the building, which led me to believe that at least some of the building remained
unsecured from prohibited entry. True and correct copies of the photographs taken of the Subject
Property on February 27, 2026, are attached as Exhibit 15 to the AOE and are incorporated herein.
City Needs Receivership Now to Remedy the Extensive, Urgent, and Continuing Dangers
40. The Subject Property continues to be red tagged/condemned and full of unpermitted and
unfinished construction, is a structural hazard, unsanitary, unoccupiable/uninhabitable, manifestly
unsafe, a fire hazard, a public nuisance, and substantially endangers the health and safety of surrounding
residents. Immediate relief via appointment of receiver to abate the unlawful, dangerous, and
substandard conditions on the Subject Property pursuant to HSC section 17980.7, subdivision (c), is
needed.
41. The Subject Property contains conditions endangering life, limb, health, property, safety, or
welfare of the public, owner, and/or occupants of the Subject Property. Thus, the Subject Property is a
substandard building pursuant to HSC section 17920.3.
42. The Subject Property’s substandard conditions are so extensive and are of such a nature-in
violation of numerous State and local laws, including but not limited to the HSC, CBC, CEC, CFC,
CMC, CPC, IPMC, UCADB, and the SLOMC, that they endanger the health and safety of any Owner,
entrants, occupants, visitors, City residents, the community, and the public.
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43. Since the N&O was issued, Defendant Owners have had more than 180 days to remedy the
violations on the Subject Property but have failed to take the necessary remedial efforts. The City has
afforded the Owners more than reasonable and sufficient notice and opportunity to fully abate and
remedy the substantially dangerous conditions on the Subject Property. After over five (5) years of
efforts by City staff to obtain compliance, including numerous inspections, at least four NOVs, the March
2025 NOV, 2025 NOAP, CBOA Resolution, the N&O, and other efforts, compliance has yet to be
achieved. There is no party willing or able to take accountability for the Subject Property and
perform the required remedial efforts; a receiver must step in and abate the dangerous conditions.
44. The Subject Property is maintained in a condition that violates applicable law, and these
conditions are so extensive that safety of any entrants, occupants, neighboring residents, the community,
and the public is substantially endangered. The persistence of these dangerous and substandard
conditions also continues to drain valuable City resources and threatens property values of innocent
neighboring property by blighting the community. There have been no major improvements in the
conditions on the Subject Property. A receivership, therefore, is critical to avoid disastrous
consequences.
45. As mentioned in the 274 substantially dangerous and hazardous violations described
above and in the N&O, the totality of the conditions on the Subject Property are detrimental to the public
health, safety, and general welfare of the community. The Subject Property jeopardizes the safety of any
occupants and the entire neighborhood. Based on the state of the Subject Property and the Owners’
failure to rehabilitate it, measures to overhaul and repair the Subject Property must be taken so that the
City can ensure timely rehabilitation and finally protect its citizens. Based upon my professional
experience and training as a Code Enforcement Supervisor, the conditions on the Subject Property are
so extensive and of such a nature as they pose an immediate and substantial danger to the health and
safety of the Owners, entrants, residents, neighbors, and the public. Conditions on the Subject Property
are so substandard and unsafe that the City was forced to red tag/condemn the Subject Property, in an
effort to protect the safety of any entrant, occupant and surrounding community. In order to protect the
health and safety of potential residents and the public, all these dangerous and unlawful conditions need
to be abated immediately.
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46. Without the City's and the Court's help, the Subject Property will continue to deteriorate,
2 creating increasingly dangerous conditions and will continue to put trespassers, neighbors, and the public
J in very substantial danger.
4 47. In my professional opinion, based on my training, experience, and observations, the
5 appointment of a court receiver is warranted in this case to address the substantially dangerous and
6 persistent building violations on the Subject Property. With the Subject Property in such an extremely
unsafe condition, the appointment of a court receiver is the only way to ensure that the Subject Property
is rehabilitated and the community is protected, especially since the City has exhausted all other more
9 lenient and alternative efforts to obtain Defendant Owners' compliance to make the Subject Property
l0 safe. Defendant Owners have failed to or been unable or unwilling to abate the substandard and
11 dangerous conditions for over five (5) years.
t2 48. A court appointed receiver is the City's last option and the community's last hope. As such,
13 we respectfully ask the Court to protect our cofilmunity, neighborhood, and the people in it, and appoint
t4 a receiver immediately to bring the Subject Property into compliance with the law.
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t6 I declare under penalty of perjury under the laws of the State of California that the foregoing is
t7 true and correct. Executed in the County of San Luis Obispo, California.
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19 Dated: March 2026
20
2t By:
HN MEZZAPESA
22 Code Enforcement Supervis or
Crrv op SeN Luls Oetspo
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