Hillsborough's Flintstone House’s owner to fight lawsuit

“From all your supportive comments, it made me realize that I am not the only one fighting for the legendary Flintstones,” said Fang, formerly the owner of the San Francisco Independent and the San Francisco Examiner after it was sold by Hearst. “It is truly an American memory that makes people smile and feel good about themselves.”

Among the improvements in question are several large dinosaur statues and other figurines, a sign with the words “Yabba Dabba Doo,” a retaining wall, deck, parking strip and steps, all of which were installed at the property at 45 Berryessa Way beginning in 2017 without required planning review and building permits, according to the suit.

Including extensive landscaping in the backyard, a new deck and a retaining wall, improvements outside the scope of a permit to build a low wall on the front of the property were discovered in late 2017, after which point the Hillsborough Building Department issued a stop order Dec. 11, 2017, and issued two others Jan. 12, and Aug. 1, 2018, when work continued at the home, according to a suit and a Decision and Order of the town’s Administrative Hearing Panel.

Cited for multiple violations of the Hillsborough municipal code, Fang appeared but did not speak at a hearing held before the town’s Administrative Hearing Panel Oct. 29, 2018, during which the panel unanimously issued the Decision and Order finding the property violated the town’s code and constituted a public nuisance, according to the suit.

Representing Fang, attorney Angela Alioto said she plans to respond to Hillsborough’s lawsuit with a cross-complaint in an effort to correct a flawed permitting process she said is overwhelmingly intolerant of diversity. She alleged town officials impinged on Fang’s rights to due process and her own personal property, which she noted brings joy to what has become an international audience.

“For them to do this the way they did it was malicious,” she said, of town officials. “What they did was unconstitutional.”

Assistant City Attorney Mark Hudak said in an email Fang received full due process at every level after she started work on a large project without the required permits. Fang ignored three stop work orders and did not speak at a hearing before a town panel comprised of five Hillsborough residents, offering no justification for not getting the permits, noted Hudak, who added Fang had a right to appeal the panel’s finding that she violated the town’s permitting requirements but did not do so.

“In the end, this case is not about the decorations and statues she has installed,” he said. “It is about a resident who refuses to follow the town’s permit requirements, which apply to all residents and to all projects of this nature. There is nothing unconstitutional about requiring a resident to follow the ordinances and policies that apply to everyone.”

According to the panel’s order, Fang allegedly submitted an application for an after-the-fact building permit in February 2018, but it was deemed incomplete since the application did not include a survey showing property boundaries, setbacks and the location of the newly-installed improvements, according to the panel’s order. Fang allegedly did not provide any further information for the application after staff sent a letter March 14, 2018, outlining the additional information needed to submit the application, and though she paid a $200 penalty Dec. 11, has not removed the landscaping improvements despite the panel’s order to do so by Dec. 5, according to the suit and the order.

Alioto confirmed it was always Fang’s intention to obtain the required permits and that her efforts to work with town staff to do so will be outlined in the cross-complaint, and noted the filing of the lawsuit caught her client by surprise.

Hudak said Fang has been served with the complaint and has 30 days to file a response, at which point the town will apply for a court injunction to enforce the final decision of the Administrative Hearing Panel.

Fang advised supporters to stay tuned as she fights as best she can to maintain a landmark that has brought a smile to many.

“Let’s keep Fred and the Dino alive and work together to keep on smiling,” she said. “Yabba-Dabba-Doo!”

anna@smdailyjournal.com

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