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Home My WebLink About01-28-2016 CBOA Agenda Correspondence (Walker)Kathie Walker 1269 Fredericks Street San Luis Obispo, CA 93405 January 24, 2016 Construction Board of Appeals, San Luis Obispo Neil Dilworth, Chair; Rebecca Jansen; Denise Martinez; Stacy Neely; Matthew Quaglino; James Thompson; Robert Vessely Dear Board Members, I am writing regarding the upcoming hearing for our case on Thursday, January 28. We downloaded the Agenda Report and noticed the City did not present our appeal as it was filed. I emailed Staff and asked that they correct the agenda but they did not do so. (Attachment 1, email sent to City Star Therefore, I am sending you our appeal as it was originally filed because it makes our case more clear and understandable. We also noticed that the Notice of Hearing posted on our front door shows a different time for the hearing. It says it is 3:30 pm but the agenda report says 3:00 pm. (Attachment 2, Notice o'PHearing) We didn't receive any other notice by mail or email so I'm really glad we caught that because we would have missed the hearing! We prepared a Response to Staff s Agenda Report because their agenda leaves out pertinent information and documentation, such as email correspondence from the code enforcement officer. As a quasi- judiciary body, your ruling is legally binding. It has serious legal ramifications for our family so should be fair and not biased by incomplete information prepared by the Community Development Staff I've attached our response to the agenda and documentation. (Attachment 3, Agenda Report Response) We hope you will review our appeal and supporting documentation, including Assessor's Records. We have been 100% transparent with Staff but have not had the same consideration since former Chief Building Official, Joseph Lease terminated his employment with the City in December 2014. We miss him. Our biggest concern is losing our home. We urge you to read and consider the law, namely California Health and Safety Code Section 17959.4, which states: "The housing appeals board may, in cases of extreme hardship to owner- occupants ... provide for deferral of the effective date of orders of abatement. Any deferral of the effective date of an order of abatement under this section shall terminate upon any sale or transfer of the dwelling by the owner- occupant..." (Attachment 4) I aan disabled and receive $323 per month which barely covers my medical care. My husband is a first responder as an EMS helicopter pilot, based at Ft. Hunter Liggett (7- day /night shifts, 7 -days home) and earns approximately $4,200 per month. We have two sons, ages 9 and 14. It is nearly impossible to pay our basic necessities (mortgage, utilities, groceries, medical care). We were able to qualify for our mortgage - and make ends meet - based on rental income fiom the cottage on our property which was rented to a wonderful Cal Poly student, Jenna Milot. Several of her co- workers at the District Attorney's office wanted to rent the place after Jenna graduated in 2014 but we have been waiting for this matter to be resolved before renting it out again. The loss of our rental income and the fees associated with this code enforcement matter would cause us to lose our home. They pose an extreme hardship under Health & Safety Code Section 17959.4. We also urge you to consider section 179203 which provides, "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: [list of building conditions]. Using common sense, a property owner is given some relief when cited conditions do not endanger the public or occupants. A review of the conditions cited by code enforcement are not dangerous. (i.e. a water heater that is correctly strapped and installed by a plumber in 2006, before we purchased the property) Thank you for reviewing our appeal and supporting documentation. We appreciate your service and look forward to having our case resolved. Very truly yours, Kathie Walker Gmail - Appeal uploaded to CBOA Agenda Packet 1/28/2016 Page 1 of 2 GmKathie Walker < kathiewalkerslo@gmail.com> Appeal uploaded to CBOA Agenda Packet 1/28/2016 3 messages Kathie Walker <kathiewalkerslo @gmail.com> Thu, Jan 21, 2016 at 8:05 PM To: " Codron, Michael" <mcodron @slocity.org >, "Cocina, Cassia" <ccocina @slocity.org >, "Schneider, Anne" <ASch neider @slocity. org> Cc: klichtig @slocity.org, cdietrick @slocity.org, Matt Boutte <meb @mattboutte.com >, "McGinley, Traci" <TMcGi n ley @slocity. org> Bee: Steven Walker <stevewalkerslo @g mail. com> Dear Mr. Codron, Ms. Schneider and Ms. Cocina, I downloaded the agenda packet for our appeal hearing with the Construction Board of Appeals scheduled January 28 at 3:30 pm. While the City's documentation, including photos, is in full color, we discovered that our appeal was intentionally altered and the color was eliminated from the most important and relevant portions of the documentation. We took great care to highlight important parts of the various records by circling key components in red and correlating them with parts of the Director's denial, so that the Board of Appeals could make sense of the paperwork. The documentation can be confusing without the color direction. We spent a great deal of time preparing the appeal with important color highlights, and we expected that it be presented as it was filed. Based on the following, it is apparent the alteration was done intentionally: The first page, the "Appeal Form" cover we filled out, is still in color as shown by the colored City Seal in the upper left corner. Yet color was eliminated from subsequent pages (2. highlights a few lines in a Census Record in yellow, 3. circles key parts of two documents in red, 4. circles key notation on document in red, etc., etc.) They are now black and white. Nearly every page of our appeal contained red circles around important aspects of our evidence that correspond to the information in the body of our appeal but the red has been completely deleted and the pages are entirely black and white. Page sixteen includes color photos which also appear as black and white in the agenda packet The biggest clue that this was not merely an honest mistake is evidenced by the fact that I used blue pen to identify the exhibits "A" through "D ". While "A" and "B" are black and white, whoever altered our appeal missed "C ". The writing that identifies exhibit "C" and the notations on the exhibit itself, are still blue as they were when filed with you. Please replace the black and white document you uploaded as our appeal in the agenda packet, and replace it with our original appeal, in color, as filed with the Community Development Department. Thank you for your prompt attention to this matter. Sincerely, Kathie Walker https:Hmail.google.com/ mail /u /0 / ?ui= 2 &ik= cl93ab93ld& view= pt&q= dcarpent%40slocity... 1/26/2016 Community Development 919 Fatm Street, San Luis Obispo, CA 93401 -3218 805.781.7170 sbrRy.arg January 5, 2016 Steven and Kathie Walker 1269 Fredericks St San Luis Obispo, CA 93405 T �; • +r Site Address: 1269 Fredericks St APN: 002 - 334 -007 Case No.: Code - 000255 -2014 Dear Owner(s): COPY THIS NOTICE is hereby submitted to you as owner(s) of the above referenced property. A hearing regarding your appeal of code violations related to this property has been scheduled for Thursday, January 28, 2016 at 3:30 PM before the Construction Board of Appeals. The hearing will be held in City Council Conference Room at 990 Palm Street, San Luis Obispo, CA 93401. At this hearing, staff will present evidence pertinent to the abatement proceedings for the violations referenced in the original and amended Notice of Violation. The staff report will be mailed to you no later than one week prior to the hearing. You have a right to present evidence at this hearing or be represented by counsel or an agent of your choice. The property owner of record was notified via certified mail that the above referenced property is in violation of the San Luis Obispo Municipal Code. At that time, it was requested that the property owner perform certain corrective measures in order to comply with City and State Codes. The Notice of Violation was posted on the property. If you have any questions regarding this notice or the hearing procedures, please contact me at (805) 781 -7588. CALIFORNIA HEALTH AND SAFETY CODE DIVISION 13. HOUSING PART 1. EMPLOYEE HOUSING ACT CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS ............... 17000 -17011 CHAPTER 2. APPLICATION AND SCOPE ........ ............................... 17020 -17024 CHAPTER 3. PERMITS AND FEES .................. ............................... 17030 -17039 CHAPTER 4. RULES AND REGULATIONS ........ ............................... 17040 -17043 CHAPTER 5. ENFORCEMENT . .......................................... .......... ..17050 -17056 CHAPTER 6. VIOLATIONS............................. ............................... 17060 = 17062.5 PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION CHAPTER 1. GENERAL PROVISIONS .............. ............................... 17910 -17913 CHAPTER 2. RULES AND REGULATIONS ........ ............................... 17920 -17928 CHAPTER 3. APPEALS ................................... ............................... 17930 -17932 CHAPTER 4. APPLICATION AND SCOPE ........ ............................... 17950- 17959.6 CHAPTER 5. ADMINISTRATION AND ENFORCEMENT Article 1. Enforcement Agencies .................... ............................... 17960 -17967 Article 2. Inspection ....................................... ............................... 17970 -17972 Article 2.5. Tenant Relocation Assistance ...... ............................... 17975- 17975.10 Article 3. Actions and Proceedings ................. ............................... 17980 -17992 CHAPTER 6. VIOLATIONS ................................. ............................... 17995- 17995.5 CHAPTER 8. CODE ENFORCEMENT INCENTIVE PROGRAM ............. 17998- 17998.3 Section 17959.4. The housing appeals board may, in cases of extreme hardship to owner - occupants or tenants of dwellings, provide for deferral of the effective date of orders of abatement. Any deferral of the effective date of an order of abatement under this section shall terminate upon any sale or transfer of the dwelling by the owner - occupant but shall not terminate upon the sale or transfer of the dwelling if a tenant other than the owner - occupant occupies the dwelling. ■