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Local pool business owner says false complaint nearly cost his license; asks council to consider lawyer-fee reimbursement
Summary
A local pool-service operator told the council that a neighbor’s false complaint and subsequent code-enforcement action led to an improper notice of license revocation; he appealed, paid for counsel and requested reimbursement of legal fees.
Richard Boss, owner of Rich’s Pool Service, told the Oakdale City Council during public comment on Aug. 4 that a neighbor filed a false complaint alleging he was dumping chemicals in orchards and storm drains. He said county hazmat staff inspected and were satisfied after he produced receipts showing he had turned in empty chemical containers for recycling.
Boss said he later received a notice from the city’s code enforcement indicating his business license would be revoked effective March 1. He said he was entitled to a hearing before the council for license revocation and that the code enforcement officer did not have authority to revoke the license on staff’s own. He hired an attorney to pursue an appeal, which he said cost about $2,500, and told council he would like the city to reimburse his legal fees because the evidence showed he had not been improperly handling chemicals and because his business depends on the license.
Boss said it took long enough to receive discovery that, when he inspected the city’s evidence, it mainly consisted of photographs of buckets filled with soil and other inert material; he asserted that the enforcement action was not supported by evidence. He said staff later told him the license remained valid and that he should continue business, but that he had already incurred attorney fees.
Council and staff response: Staff members on the dais acknowledged Boss’s comments and asked that he follow up with city staff (he said he had been in touch with Christopher Smith that morning and met with Jeff Gravel). No reimbursement decision was made to the public record at the Aug. 4 meeting; the city clerk/manager’s office indicated the matter had been handled administratively (Boss said the lien/administrative process had continued until he and his attorney appealed).
Ending: Boss’s statement is entered on the public record; he said he would pursue follow-up with staff and is seeking reimbursement for roughly $2,500 in legal fees. The council did not take action during the meeting.
