Rasooly v. City of Oakley

Rasooly unsuccessfully appealed a 2015 “Notice and Order to Repair or Demolish Structure" for his vacant Oakley building, then sought judicial review. The city agreed to rescind the Notice; Rasooly was to provide plans responsive to city comments and complete all required work by April 2017. Rasooly’s counsel said more time was required for the work. The city replied that at least stabilization work must be done within the time requested. Rasooly’s counsel did not respond. For several months, Rasooly and the city’s permit center manager communicated by e-mail. On March 1, 2017, the city issued a new notice and order that the property be repaired or demolished, physically posted the notice on the property, and sent it by certified mail to a post office box listed as Rasooly’s address on county tax rolls. The mailing was returned undelivered. After the 20-day period for administrative appeal lapsed, the city advised Rasooly’s attorney of the notice on April 4, 2017. On April 5, Rasooly filed suit. The city cited Rasooly’s failure to exhaust administrative remedies. The court of appeal affirmed the dismissal of Rasooly's petition, finding that the city complied with the Code and rejecting an argument that the “nail & mail” procedures were constitutionally deficient in the absence of efforts at personal service. View "Rasooly v. City of Oakley" on Justia Law