By Brent Ainsworth, The Marin Independent Journal, Novato, Calif.

Jun. 4--San Anselmo is ramping up its efforts to eliminate one of its most prominent roadside eyesores.

A construction company owner is being sued by the town for failure to complete construction on a property on Sir Francis Drake Boulevard just east of the Red Hill shopping center.

The San Anselmo Town Council authorized town attorney Rob Esptein to file the lawsuit on its behalf against construction company owner Gerry Hynes for not finishing hillside safety work above his property at 790 Sir Francis Drake Blvd., a highly visible spot for commuters throughout the Ross Valley.

"We spent a lot of time trying to negotiate a reasonable completion schedule with the property owner, but nothing was agreed to," said Debbie Stutsman, San Anselmo town manager.

Hynes, who owns Kilcolgan Construction and California Dirt Inc. of San Rafael, bought the land in 2007 and intended to build two houses on Loma Robles Drive just above the Drake Boulevard property and a 9,500-square-foot commercial building at 790 Drake. The commercial project has passed through three owners and multiple revisions since a 13-unit housing complex was proposed for the site in 2003.

About 2 1/2 years ago Hynes started construction of the building, including a large wall about 15 feet high, that the town and many neighbors say does not blend well with the natural landscape.

The lawsuit, filed May 10 in Marin Superior Court, contends Hynes violated the terms of his permits, failed to acquire engineering

reports, stored equipment and vehicles on the property too long and interfered with pedestrian and vehicular traffic. He must complete all grading, install a fence to secure the site, remove equipment he won't be using for the project, fix a large storm drain pipe and apply a soil mat finish to the scarred hillside.

Hynes faces a penalty of $1,000 a day plus associated attorney fees and administrative costs if he doesn't follow the deadlines.

On Thursday, Hynes said he is frustrated because he has not been able to secure financing to move forward with the commercial and residential developments.

"I sold a bunch of my equipment and was able to do some work on the property, but in another week I won't be able to do anymore," he said Thursday. "I just can't get financing because of the economy. Lots of other people are stuck like I am."

He said he could not comment directly on the lawsuit except to say, "It makes no sense to me."

A year ago, Stutsman said her office had received no formal complaints about Hynes' property. Eventually they stated trickling in, prompting the Town Council to pursue a lawsuit because it was deemed an unsightly public nuisance.

Hynes' properties are just below where a 1967 landslide collapsed

four apartment buildings. Neighbors who fought the controversial project have long expressed concerns about the stability of the hillside. Hynes' construction company, which specializes in challenging hillside projects, is still planning to stabilize the steep slope with sprayed concrete.

"I'm ready to do that, but I'm waiting on the town to tell me what color of concrete it wants," he said. "It's their move."

Jon Marchant, a partner in the real estate firm Marchant Chapman, has an office just east of Hynes' Drake property. He said there has been a lot of work done in the past month.

"It was nice to see him go back to work," Marchant said. "I'm almost used to the way it looks, unfortunately. In some ways, it makes us more visible. I just say, 'Look for the missing side of the mountain.'"

Marchant said he hopes the commercial building eventually is completed, but he said residential development higher up on the hillside never made much economic sense.

"Building them cannot possibly pay for the engineering costs," he said. "I know he got the property for a good price, but that was because of all the problems. I never saw any profit in it, but that was his decision to make. You just can't put a $2 million house up on that road."

Hynes said he has moved a lot of equipment off the lower commercial property and maintains that he's doing his best to make progress.

"Most cities have extended permits because of the economy and work with guys like myself," he said. "I guess they don't want to."

Read more San Anselmo stories at the IJ's San Anselmo section.

Contact Brent Ainsworth via e-mail at bainsworth@marinij.com

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