10-06: Complaint: Eastern Sierra Unified School District (Combined with 10-03)

Interviews: a. The interview with the complainant indicated that they are law-abiding citizens who would have proceeded in a different manner had they known that a mailbox structure could not be located within the County’s right-of- way. They stated that they and their architect performed due diligence in determining if there was a need for an encroachment permit to install a mailbox in the County’s right-of-way and consulted with the United States Postal Service for specifications when directed to that source by a Mono County Public Works staff member. The complainant also experienced frustration and a sense of arrogance when interacting with a Public Works staff member. The complainant not receive either of the two communications sent by the Public Works Department (dated May 26, 2010 and June 7, 2010). The Compliance Division assumed the complainant to be unresponsive to the letters of violation. In addition, information in the June 7, 2010 letter was misleading in that an encroachment permit, which was enclosed in the letter, could not be submitted as it would be denied based upon the existing mailbox structure. b. The interview with the architect reiterated the process that occurred when trying to determine if an encroachment permit was required for a mailbox. When contacting the Mono County Public Works Department, the architect was told that a mailbox did not require an encroachment permit; however, the United States Postal Service should be consulted for mailbox guidelines. This agent has also noted that throughout the County there are objects in the right-of-way (i.e. boulders, fire hydrants, etc.) that do not appear to be in violation of Mono County Code as these objects have not been removed. This individual indicated that Mono County Counsel is in the process of developing an agreement between the complainant and Mono County which will release the County from liability for damage/injury that may occur as a result of the mailbox structure from being in the right-of-way. c. The Compliance Officer was also interviewed and cited that placing anything in the Mono County right-of-way requires an encroachment permit; however, the Officer indicated that Public Works has an informal, unspoken policy allowing landscaping and breakaway mailboxes to be placed in the right-of-way. The Compliance Officer participated in the on- site meeting with Mono County staff and a Board of Supervisor to view the mailbox structure in question. This individual concluded that an agreement was being developed and that the concrete base of the mailbox structure would be saw-cut to enable it to breakaway if hit. As of 49 the writing of this report, the Grand Jury has learned that the concrete base of the mailbox structure has been saw-cut.

The Public Works Road Operations Supervisor, who has been in this position for approximately 2 years, was interviewed. This individual explained that the Mono County Code does not permit anything to be placed in the right-of-way without an encroachment permit, which requires County review. When questioned about the distances involved in the right-of-way, this individual indicated that the right- of-way is an average of 60 feet from the center of the road. According to this Supervisor, the Post Office requires mailboxes to be of a breakaway design; however the investigating committee found that the USPS indicates that breakaway supports are ideal but not a requirement. The process involved in notifying the complainant regarding the Code violations was questioned. This individual indicated that two forms of correspondence were sent to the complainant citing the violations and a timeline for removing the mailbox structure. The communication indicated this matter would be turned over to the Code Compliance Officer for action if the mailbox was not removed from the right-of-way. If not removed, fines would be levied and ultimately the structure would be removed at County cost.

Documents: The investigating committee reviewed a variety of documents, including correspondence, emails, Mono County Code and United Stated Postal Service standards for residential mailboxes. a. In reviewing United States Postal Service Residential Mailbox Standards, there are several requirements which conflict with Mono County Code. • Install the mailbox with the bottom of the box at a vertical height of between 41-45 inches from the road surface, unless there is a road or curb condition that prevents this. • Mailbox should be set back 6 – 8 inches from the front face of the curb or road edge to the mailbox door • For posts and supports, it’s up to you to keep them neat and adequate in strength and size. Ideally, its assembly should bend or fall away when struck by a vehicle. The Postal Service doesn’t regulate mailbox supports except for purposes of carrier safety and delivery efficiency. • Installation of curbside mailboxes must meet our specific construction standards, which you can find at your local Post Office or mail away for a copy of our standards. b. In conducting a “search” of the Mono County website for information regarding mailbox specifications and a definition of right-of-way, the information was not found. The website should be easier to navigate 50 rather than having to guess which section to explore. Specific information regarding mailboxes was not located. Although Code Section 13.04.020 regarding an encroachment permit being required is rather explicit, a reference to mailboxes, and any other object that the County now deems important, should be included and easy to find. DISCUSSION: