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There's new hope Tuesday for rancher Dan De Vaul and his embattled sober living facility, Sunny Acres.

As we speak, Cal Poly students from Polyhouse are at the Los Osos Valley Road property… Click to Read More and see additional updates

There's new hope Tuesday for rancher Dan De Vaul and his embattled sober living facility, Sunny Acres.

As we speak, Cal Poly students from Polyhouse are at the Los Osos Valley Road property in San Luis Obispo. They're cleaning up wood piles and working to bring the ranch and barn up to code.

Polyhouse is a project that takes place every Spring. Students from the Industrial and Manufacturing Engineering Department remodel a home in a six-week period. But for Sunny Acres, the goal is bigger than just a remodel. The students hope to build a large residence on the property to restore the sober living facility for those who are struggling. The residence would be built from plans De Vaul already has drawn up.

The head of Polyhouse tells us the group is taking it one step at a time. But in the end, students want to make the property a source of pride for the community.

Currently, Sunny Acres is under receivership, after the county said it continuously failed to comply with health and safety codes.

On KSBY News at 5 and 6 p.m., Ariel Wesler will be live at Sunny Acres with the latest on the cleanup effort. Then at 10 and 11 p.m., we'll hear what the project means for De Vaul, and the hurdles that still need to be jumped to make his dream a reality.

It's a new beginning or the beginning of the end for San Luis Obispo's Sunny Acres.
Wednesday, a court appointed receiver took control of the 72- acre ranch and sober living facility.
After a handshake and a brief chat, receiver David Pasternak, and De Vaul got down to business.

They, along with a group of county officials and De Vaul supporters toured Sunny Acres -- noting the ongoing property issues, and what the court deemed -- health and safety code violations.
"He told me I better have some money. Either borrow it or steal it, but I better have some money," said De Vaul.
Pasternak is in charge of rehabing Sunny Acres, and overseeing most money matters. That includes hiring contractors to do the work. But the question Wednesday, was how much it's going to cost.
"He could come in here and say basically that all the work is done, there are very few charges, and on the other hand he could run up a two million dollar bill," said De Vaul.

If that's the case, De Vaul said, a lien would be put against Sunny Acres, and he would lose the ranch.
Pasternak advised De Vaul to get a loan, if he doesn't have the cash himself.
"If he has to go get the money, I'm not going to like it," said De Vaul.

Pasternak also said he is a neutral party in all this... and does take orders from the county... only the court.
As for the people living there now, it will still be business as usual, execpt any rent De Vaul collects will now go to Pasternak, so he can pay Sunny Acres' bills.
The next court hearing is scheduled for March 14th.

It's been a battle that's lasted more than a decade.
On Friday, a judge ruled time was up for Dan De Vaul to bring Sunny Acres up to code on his own, and ordered a receiver take control.

De Vaul, owner of the the 72-acre San Luis Obispo ranch and sober living facility... has been at odds with county officials for years over well contamination, and what they call junk on his property off of Los Osos Valley Road.
The county says many structures on Sunny Acres aren't up to health and safety codes.
But De Vaul maintains he's providing a community service, by providing a place for local homeless to live and be safe.

Superior Court Judge Charles Crandall issued a stern and rather direct ruling, saying the county has gone out of its way to help De Vaul get his property up to code.
"It sets in place a series of inevitable events that they're going to take the ranch. It just hit me like a ton of bricks," said owner Dan De Vaul.

On Sunday, he said there's not much more he can do to save Sunny Acres. Receiver David J. Pasternak has been appointed to carry out San Luis Obispo County's long list of tasks to bring the property up to code.
"He'll go about doing whatever the county wants done, whether it's haul all the cars off, or haul all the dirt off or tear down the buildings or whatever they want to do. It's theirs to do as they please," said De Vaul.
According to De Vaul, that will cost between a million and half to two million dollars, the receiver will put a lien on his property, and it will be the end for Sunny Acres.
"There's one thing that's obvious that I don't think anyone will deny. The county hasn't wanted me here doing what I've been doing. They've been trying to put an end to it," said De Vaul.

But in his ruling, Judge Crandall said De Vaul has repeatedly ignored county instructions for years... and accused De Vaul of moving at snail's pace to comply with court orders.
Addressing the homeless who live on the property... Judge Crandall said, "It is simply wrong to say that any housing is better than no housing. Such reasoning would fill our communities with slum housing and tenements. The court cannot countenance a shelter that is unsafe or that demonstrates a blatant disregard for the health and safety of its residents."

"To lose this ranch for trying to do the right thing is a pretty stiff price. I think my goose is cooked," said De Vaul.
The next court hearing with the receiver is scheduled for February 14th.

Sunny Acres owner Dan De Vaul took to the stand on Thursday in his own defense.

A hearing on whether he's violated San Luis Obispo County code continued with testimony. De Vaul explained to the judge he demolished structures on his property, in an attempt to comply with the court's order.

The attorneys representing the county argue he didn't have proper permits, and should be appointed a receiver to oversee the ranch.

The hearing continues November 7.

New evidence was heard Thursday as the battle between San Luis Obispo County and the owner of a controversal sober-living center played out in court.

The county is asking the court to appoint a Receiver.

Attorneys argued whether De Vaul's ranch is in compliance with heath and safety rules.

The attorney representing De Vaul argued that his client is working to clean up Sunny Acres and bring it into compliance with building codes and health and safety standards.

However, the County is arguing that De Vaul demolished illegal structures on his property without proper permits. And believes a receiver should be appointed to oversee the property.

"We have photographs and witnesses from the Sunny Acres program showing they are in full compliance with the court's order, and also that De Vaul has made applications to the county that haven't been acted upon," said John Belsher, who represents De Vaul.

"It's too little too late, and that's the problem." said the County's attorney. "And now counsel is asking 'can't you answer this some other way?' No. There isn't any other way, the Receiver is the appropriate mechanism."

De Vaul fears that a Receiver would force a lien on his Los Osos Valley Road ranch.

Testimony in the hearing will continue next week.

A San Luis Obispo judge says he'll be the one to decide if Sunny Acres owner Dan De Vaul has been complying with county orders to keep people out of uninhabitable sheds on the property.

The county this week filed a complaint against Sunny Acres, saying inspectors have seen indications that people are still living in sheds on the property off of Los Osos Valley Road in San Luis Obispo. But De Vaul says people haven't lived there since September 1st, when he was forced to ask some of his residents to leave.

Filing a complaint against Sunny Acres started the process of eventually appointing a receiver to De Vaul's property.

De Vaul says he believes there is a hidden agenda behind the filing of the complaint. "They're coming up with everything and anything they can, whatever they can get it from or whatever they can do," said De Vaul.

A judge has ordered both sides back to court on October 20th. Judge Crandall has also asked each side to bring witnesses to prove their case. "If there is going to be a dispute about something and you think it's important to have a witness here, then you should have a witness here," said Judge Crandall at Thursday morning's hearing.

Sunny Acres resident Leslie Tallchief is cooking dinner--fried rice and sauteed mushrooms and broccoli and cheese soup.

But it's not what she's making that's noteworthy. It's where--inside a farmhouse at Sunny Acres Sober Living Facility.

Ranch owner Dan DeVaul says it's the only place where food is now cooked and served on the ranch. San Luis Obispo County, however, says that's not the case and that's why it's one step closer to appointing a receiver.

DeVaul told more than a dozen people to leave the facility last month. A judge had threatened to take over control of the 70-acre ranch if people continued living in unsafe structures, including a stucco farmhouse and dairy barn.

Inspectors have since returned to the property twice and say in a complaint filed Monday DeVaul is not following the rules.

In one section, the county argues "the dairy barn is still clearly being used as a communal dining hall and communal kitchen."

DeVaul says vegetables from his garden and other groceries are stored in the dairy barn but says there's been some misinterpretation.

"There hasn't been a single meal served, there hasn't been a meal prepared in that dairy barn--in, around or anywhere near it," he said.

The complaint also says DeVaul has failed to file proper permits for his property and that there are clear signs of people living in areas where they aren't supposed to. It also adds it hasn't gotten any evidence DeVaul has taken steps to "remedy the confirmed bacterial contamination of the water wells on the property."

DeVaul concedes he hasn't followed all instructions in the order to a tee but says the judge can see there's a hidden agenda.

"The fighting has gone on so long that's not about what's right and wrong and what needs to be done," he said. "It's more about who can get who."

A hearing to decide whether to appoint a receiver is scheduled for October 20th.

Brex Owen and Velma Hunt say they need help now more than ever. Last week Sunny Acres Owner Dan Devaul told more than a dozen people to leave the sober-living facility by Monday morning. This, after a judge threatened to take over control of the 70-acre ranch if people continued living in unsafe structures. Many residents told KSBY news they have nowhere else to go.

Owen and Hunt were only living at Sunny Acres four days before they were told to leave. He is an out of work painter and she only gets $800 a month in disability payments. KSBY News was there when Devaul broke the news that they would have to leave, and now they are living in their car, parked at times behind a gas station in Morro Bay.

"Where do we go? There's no place for us to go," said Hunt.

However things were not always this way, up until a year ago Owen and Hunt were living in an apartment in Los Osos.

"We had a decent life, a real decent life, we were real people," said Hunt. "The transmission went out on our car, my husband lost his job and after that happened we lost our place."

They have spent the last year in and out of their car and area shelters. Hunt says she suffers from Fibromyalgia and Alzheimer's, Owen says he is not eligible for government assistance because he spent time in prison on drug charges 16 years ago. Still, the couple insists he is a changed man.

"We're decent people, we've always been that way," said Hunt.

A hard worker holding out hope for a second chance.

"Never, never in a million years did I ever think in the United States of America that this would happen to us," said Hunt.

The couple says they would be in a much better place if Owen could just get some painting work. Their contact information is in the Links section of ksby.com.

More than a dozen people are looking for a new place to stay after leaving a controversial local sober living facility. Sunny Acres owner, Dan De Vaul says 15 people left the facility Sunday.

He told them to leave after a judge threatened to take over control of the ranch if people continued living in unsafe structures. De Vaul says about 18 people are still at the property off Los Osos Valley Road in San Luis Obispo.

A house there can only hold 8. As for what happens next, De Vaul says inspectors can show up at any time to check on conditions. De Vaul is due back in court September 15.

More than a dozen people at Sunny Acres will have to find a new place to call home Monday morning.

Owner Dan Devaul has told about thirteen people to leave his 70-acre ranch and sober-living facility off Los Osos Valley Road. This, after Devaul says a Judge threatened to appoint a receiver to the property if people continued living outside or in unsafe structures.

That means Devaul would lose control of the ranch. Today several Sunny Acres residents told KSBY News they have nowhere else to go.

"Right now i'm just kind of in limbo and going to do what I got to do," said Ceaser Page.

I'll have to park on the street for a couple three weeks," said Mike Fitch.

Some residents will be allowed to stay. There is a house on the property that can hold eight people.

An emotional day at Sunny Acres as more than a dozen people find out they will have to find a new place to call home. They could be living in their cars or on the streets after this weekend.

The 70-acre ranch and sober-living facility has long been at odds with San Luis Obispo County code enforcement. Owner Dan Devaul says a judge ruled Thursday morning that all residents living outdoors or in unsafe structures must vacate the property. If not, he says the county will appoint a receiver, which means Devaul would lose control of his ranch.

Emotions were running high Thursday and many people told KSBY News they have no idea where they are going to be come Monday.

One by one Devaul told about 13 people they would need to leave the property. Devaul says he has been trying to comply with the county's orders by having people sleep outside rather than in makeshift sheds. It was a tough choice to make but when it comes down to it, Devaul said keeping control of his ranch is most important.

As for where his residents will go, one couple said they will have to live in their car. Others are just trying to avoid going back to the creek or the streets.

"I'm nervous because I don't know really what do do," said Robert Jenkins, who lives at Sunny Acres. "I haven't really had time to sort things out but I'm trying to just trust my God."

"I'm just numb, I'm forcing my way through it," said Devaul.

There is a large home on the property that can house about eight people so some residents will be able to stay. However most will have to leave. The last meal for them will be served Saturday at 5 p.m. and Devaul has said they must be off the property by Monday morning.

Sunny Acres is also in the process of trying to build a 14-bedroom home to use as a sober-living facility but the county says the project will only move forward once all of the code violations are taken care of.

More than a dozen people living at Sunny Acres will have to find a new place to call home.

The 70-acre ranch and sober living facility has long been at odds with San Luis Obispo County Code Enforcement. Owner Dan De Vaul says a judge ruled Thursday morning that all residents living outdoors or in or in unsafe structures must vacate the property. If not, he says the county will appoint a receiver, which means De Vaul would lose control of his ranch.

KSBY News Reporter Danielle Lerner was there as De Vaul broke the news to his residents. We'll have the full story tonight on KSBY News at 10 on the CW and 11 on KSBY.

A judge Monday sentenced Dan DeVaul to 90 days in jail in connection with code violations at his controversial sober living facility in San Luis Obispo.

DeVaul was initially sentenced to serve 90 days in 2009, but filed a notice of appeal and was bailed out. Last month, he lost that appeal.

DeVaul will get credit for one day he already served. He was also ordered to pay a $1,000 fine. The judge ordered DeVaul to surrender August 22, but is giving him sufficient time to apply for an alternative work program or home confinement.

DeVaul has been battling the county for years over his facility off Los Osos Valley Road.

The owner of a controversial sober living facility in San Luis Obispo says he could be headed back to jail.

Sunny Acres owner Dan DeVaul is due in court Monday, where a judge could decide if he should be sent back to jail to finish his sentence related to code violations.

In 2009, he was sentenced to 90 days in jail but filed a notice of appeal and was bailed out. Last month he lost that appeal, so now it's up to a judge to decide what happens next.

"I don't have any expectations." DeVaul said, "they're probably going to go one of two ways. Either they're going to throw me in jail or they're not. They're probably going to throw me in jail."

The district attorney's office did not want to comment on DeVaul's case.

Thursday, a hearing is set to come up with a schedule for DeVaul to bring his buildings up to code at the facility off Los Osos Valley Road.

People living at Sunny Acres could soon be forced to move after an appeal by the sober-living facility is rejected.

San Luis Obispo County can now move forward with code enforcement at Sunny Acres. Last July a judge ordered the people living in illegal structures be out by September 3. The trial court also found issues with the drinking water, stored vehicles and condemned buildings on the property. Rancher Dan DeVaul appealed the July ruling and the Second District Court of Appeals in Ventura rejected it Tuesday.

"To all of us Sunny Acres is home, please don't take our home," said Serenity Jones, who lives at the facility. Jones admits the makeshift homes do not comply with county code, but she and DeVaul say the alternative is much worse.

"Living in these sheds is certainly better than living in the San Luis Creek," DeVaul said.

"It's hard to survive and that's when the addictions will kick in down there, to get out of the reality of living there," said Jones.

In its ruling Tuesday the Second District Court of Appeals unanimously upheld a county injunction to vacate illegal buildings on the property and address several code enforcement violations.

The appeals court also ruled that, "..neither Sunny Acres nor DeVaul has any intention of voluntarily abating the violations. The trial court would have abused its discretion had it not issued a preliminary injunction."

Still, DeVaul says that is not the case, insisting he is in the process of cleaning up and trying to build an 8,000 square foot building to properly house Sunny Acres residents.

He says he is asking for leniency.

"It needs to be relaxed just like the Federal Housing Act says that the interpretation of the laws, when you're dealing with disabled people, is supposed to be flexible," said DeVaul.

San Luis Obispo County's Deputy Counsel says the county, "has always hoped for voluntary compliance and we still do hope that there will be voluntary compliance by Mr. DeVaul and Sunny Acres."

The county says it will move forward with its code compliance efforts at the property but no timeline is in place yet.

San Luis Obispo County can resume code enforcement at Sunny Acres, after a judge Tuesday denied an appeal by the controversial sober living facility.

Last year, Sunny Acres owner Dan DeVaul was ordered to vacate illegal structures on the 72-acre property in San Luis Obispo, but that order was put on hold when Sunny Acres filed an appeal.

DeVaul tells KSBY he hopes to come to an agreement with the county so residents don't have to leave Sunny Acres.

San Luis Obispo County Supervisor Bruce Gibson says it will be up to DeVaul to propose a way to correct the situation. Gibson says the county's main concern is for the health and safety of the residents of Sunny Acres. He believes it will take some time for the county to assess the current situation before making its next move.

The county and Sunny Acres have been battling over code violations since at least 2005. The county has maintained the living conditions at Sunny Acres are unsafe and illegal.

The appeals court that issued Tuesday's ruling says while it appreciates Sunny Acre's concern for the plight of the homeless people living at the site, the concern will be alleviated when Sunny Acres fixes the code violations.

Watch KSBY News at 5 and 6 for complete coverage of this story.

The sentencing for the founder of a controversial local sober living facility has been postponed while a judge waits for an official document from the court of appeals, Dan De Vaul told KSBY News Tuesday.

De Vaul expects his sentencing to take place in ten to 30 days.

He held a small forum Tuesday, answering questions from the public about his upcoming sentencing.

De Vaul is being sentenced for misdemeanor code infraction charges stemming from his ranch in San Luis Obispo.

Dan Devaul's proposal of a new home at his sober living facility will be the topic of a public hearing Tuesday morning.

The San Luis Obispo County Board of Supervisors will discuss Devaul's request to waive the building permit and public facility fees on the proposed 8-thousand square foot home at Sunny Acres.

Meanwhile, court proceedings against the facility have come to a halt. Devaul appealed a judge's ruling to shut down the facility earlier this month.

They were ordered to leave by Friday, but now residents of Sunny Acres will be allowed to stay indefinitely.
A judge ordered the sober living facility to shut down and evict its tenants because of substandard housing.
Sunny Acres Owner Dan Devaul appealed the judge's order Monday, bringing all other proceedings to a halt.
More than a dozen people living in sheds, motor homes and tents on the Sunny Acres property will be staying put for at least a little while longer.
"I think it's even taking us a while to understand what it's like not to have that pressure on us," said Barbara Hirahara, a resident and staff member.
"We had discussed putting the people out by the roads in beds," said Devaul. "We really didn't feel like throwing the people out was an option."
However not everyone is breathing that same sigh of relief.
"I think it's great if he wants to help these people, I have a problem with the junkyard, with the mess," said Vince Uhler, who lives just across the way from Sunny Acres.
Uhler says he is frustrated the ongoing battle between Devaul and the county has been allowed to continue for so long.
"Either nail him or leave him alone, quit setting deadlines and getting everybody all excited and then saying no, we're going to postpone this deadline, were going to extend this deadline," said Uhler.
Still Devaul and others at Sunny Acres insist they are making progress.
"We've been working to try and bring things up to code, we've been really steadily trudging through what we need to do in order to make this place operational," said Hirahara.
Building plans for an 8,000 square foot home are currently under review.
"That's further than we've got in nine years so I'd say that's definitely looking forward," said Devaul.
The county was scheduled to perform an inspection at Sunny Acres on September 7, but until the appeals process is resolved that inspection has been postponed indefinitely.
The county says it still has a valid court order against Sunny Acres but it cannot take any action until the appeals process is complete.
The case is due back in court on September 9.

Residents of the controversial Sunny Acres sober living facility near San Luis Obispo will no longer have to move out by a court imposed deadline of September 3.

According to county lawyers, Sunny Acres owner Dan DeVaul filed an appeal of the judge's order on Monday. That automatically stays the order and allows the affected residents to continue living on the property.

A San Luis Obispo County judge had ordered DeVaul to remove the residents, saying they were living in substandard housing.

County code enforcement officials will wait to see how the court proceedings play out before taking further action.

We'll have reaction to this latest development on KSBY News at 5 and 6 p.m.

Another chapter in the Sunny Acres debate.

With a court-ordered move out date fast approaching, a San Luis Obispo County judge Thursday denied Dan Devaul's request to let Sunny Acres residents stay put.

Last month a judge ordered the facility to shut down and evict about 30 tenants by August 20.

That deadline was later extended to September 3.

The county says the buildings are not safe but Devaul claims the county is blocking his attempts to fix the problems.

Robert Jenkins was hard at work Thursday afternoon, breaking down a condemned trailer on the Sunny Acres site.
He is one of about 30 people who could be forced to leave on Friday, September 3.

"Whether we stay or go you know it's got to go on," Jenkins said.

Meanwhile Sunny Acres Owner Dan Devaul was listening quietly in court, as his attorney tried to convince a judge that the buildings in question are structurally safe.

He also says his client is making every effort to comply with the county's requirements.

"The county has refused to accept any permits for legalizing certain structures used for bathrooms, showers and cooking facilities," said John Belsher, Devaul's attorney.

"I'm willing to build or whatever it takes if they'll just give us the permission and an idea of what they want," said Devaul.

However the County's Senior Planner John Busselle says that just is not the case.

"We can grant permits to correct what's required by the court order but he has not asked about applying for permits for those at this point," said Busselle.
Like Devaul, he too is hoping for a peaceful and timely resolution.

"It's been a long process with a lot of staff involved, a lot of staff time involved, several years now and we would definitely like to get it resolved," said Busselle.
It is still unclear what happens on September 3, both Devaul and the county say they do not have any concrete plans in place just yet.

A county spokesperson says if the tenants do not leave a judge will decide what legal action, if any, will be taken.

A county inspection of the property is scheduled for September 7 and the case is due back in court September 9. Meanwhile, Devaul has applied for a building permit to construct an 8,000 square foot home on the property. The application is still under review.

A judge this morning denied Dan Devaul's request to reconsider his previous ruling that buildings and facilities on the Sunny Acres site are too dangerous for tenants.

Devaul's attorney, John Belsher, says he has written statements from engineers and architects that the buildings are structurally sound. Even so, the judge denied the request and as of now, all tenants will still need to vacate the premises by Sept. 3.

We'll have more on this story throughout the day on ksby.com, and tonight at 5 and 6.

The owner of embattled recovery center Sunny Acres heads back to court Thursday morning.

Thursday's hearing is meant for Dan De Vaul to try to prove that Sunny Acres is fit for people to live. De Vaul tells KSBY News he plans to present evidence from engineers who say the buildings are structurally sound. That was something a judge cited back in July, when De Vaul was ordered to close the facility and evict the 30 people living there. De Vaul has been at odds with San Luis Obispo County over the Los Osos Valley Road property for years.

Unless anything changes in court Thursday, current Sunny Acres residents have been ordered to move out by September 3rd.

Residents of the embattled sober living facility, Sunny Acres, have a little more time to find a new place to stay, according to John Belsher, the attorney for Dan DeVaul.

Last month, a San Luis Obispo County court judge ordered the facility to shut down, leaving approximately 30 tenants with no place to go.

This morning, the judge extended the August 20 move out deadline to Sept. 3.

In the meantime, Devaul has applied for a building permit to construct a new building on his Los Osos Valley Road property.

If the permit is approved, it would house all the tenants.

A local sober living facility says it is building more resources for residents, despite a judge's order to shut down.

Sunny Acres has announced plans to build an 8,000 square foot home on the Los Osos Valley Road property.

Sunny Acres Owner Dan Devaul says he will apply for the residential building permit in the next couple of weeks, but the County says that may not be possible.

Earlier this month, a County judge ordered that Devaul close down the facility and evict all 30 residents by August 20. Devaul's attorney recently filed a motion to repeal that ruling, so the County needs to address that motion before it can decide on the permits.

If the permits go through, the house would have 14 bedrooms, 6 bathrooms, a kitchen and dining area.

If the application goes through, the structure would have to be approved as a single-family residence, not a sober living facility, because that requires a conditional use permit.

Meanwhile a spokesperson for Sunny Acres says the community is already coming forward to help with the project.

"It has to be processed as a residence and if they decide later to convert it to more of a commercial facility of some type, than it would have to be looked at again for that kind of code compliance," said John Busselle, a senior planner with the County.

"This is such a necessary structure for these times and in our community especially, we have 4,000 homeless," said Becky Jorgeson, a spokesperson for Sunny Acres.

Devaul is also asking the San Luis Obispo County Board of Supervisors to waive the $17,500 in fees.

If the process gets that far, the board would take up the issue in September.

Back in 2008, Sunny Acres requested a fee waiver for a conditional use permit and a residential building permit. The Board waved more than $10,000 in fees associated with the conditional use permit, but not the residence.

The ongoing Sunny Acres saga in San Luis Obispo takes a major turn. A judge ruled today Sunny Acres can no longer operate as a sober living facility and must vacate most of its residents.

It's been a nine year legal battle between De Vaul and San Luis Obispo County. Today, he seemed devastated at the thought of evicting his tenants.

A judge ordered De Vaul to vacate all of the structures on his property except for the legal farmhouse and his apartment. He must evict his 30 tenants by August 20th, but many say they have no where else to go. De Vaul says he could possibly house up to five in his farmhouse.

"When nobody else would help me, not even my family and everybody else turned their back on me. Dan took me in and gave me a shot and here I stand now. I've done nothing but better my life," said James Lack, a longtime Sunny Acres Resident.

"You can sleep in a tent in the creek and nobody's going to bother you, but you can't sleep in a tent on this ranch where we're paying taxes and everything else," De Vaul said.

The judge explained his ruling, stating

"providing public housing alternatives. . . is critically important. However, local governments have an equally important responsibility to ensure that the housing and treatment services that are provided. . . meet certain minimum health and safety criteria. It is an oversimplification to say that any housing is better than no housing."

Neighbors have long complained about the mess at the ranch. They've also raised concerns about registered sex offenders who have lived on the property. De Vaul hasn't decided if he'll appeal the ruling.

A San Luis Obispo County Superior Court Judge has ruled that Sunny Acres owner Dan De Vaul must have all of those people living in structures other than his farmhouse and apartment move out.

Judge Charles S. Crandall handed down the decision on Friday afternoon. It also says De Vaul can no longer collect rental or program payments from any tenant until further order of the Court.

Judge Crandall also ordered the San Luis Obispo County Planning and Building Department and Health Department may conduct inspections on three upcoming dates in August, September and October.

De Vaul has been fighting with the County over the center for years. The County claims living conditions at Sunny Acres are not safe for residents. There are about 30 people living at the Los Osos Valley rd. property right now.

Click here to view the court ruling.

Stay tuned to KSBY News at 5 and 6 for the latest on this developing story.

KSBY News has learned that a judge is expected to rule today on whether to issue an injuction that could force residents to move out of the controversial Sunny Acres sober living facility in San Luis Obispo County.

The center's owner, Dan De Vaul, has been locked in a battle with the county for years over the facility. The county says Sunny Acres is not up to code and that living conditions there are unsafe. De Vaul has claimed to be in compliance, and has said in the past that if the residents are forced to move out, they will end up back on the streets.

We are expecting to learn the outcome at about 3 p.m.

Keep checking ksby.com and watch KSBY News at 5 and 6 p.m. for more on this developing story.

No ruling during today's hearing in the ongoing struggle between Sunny Acres Owner Dan De Vaul and San Luis Obispo county.

Tthe judge wants more time to decide whether to issue an injunction that could force 20 residents to move out of the sober living facility. He said in a preliminary ruling he believes there are public health and safety violations and an overwhelming resistance to comply from De Vaul.

Both sides argue neither one is willing to cooperate.

"We could be doing so much more if we weren't chasing up here to the courthouse and jumping through all these hoops that aren't necessary if we got an agreement with the county of what we really need to be doing. I just see it as a hell of a waste, said Sunny Acres Owner Dan De Vaul.

The county declined to comment until a ruling was issued. No word yet on when the judge will make his decision.

A judge is expected to decide on Friday whether residents of a controversial recovery center will have to move out.

A hearing began today over a possible injunction of "Sunny Acres," located off of Los Osos Valley Road. The center's owner, Dan Devaul, has been fighting with San Luis Obispo county over the center for years.

The county says the living conditions at the center are not safe for its twenty residents, and that Devaul has ignored orders to correct several posted code violations.

"If I were evicted from Sunny Acres, I don't know where I would go," said Alyssa Sidel, whose been living in a shed on the grounds for three months.

Devaul claims Sunny Acres is in compliance.

He's battled local leaders for years over his controversial recovery center, Sunny Acres. Soon Dan De Vaul's story will be on the pages of the New York Times.

An article featuring the San Luis Obispo rancher was posted on the New York Times' Web site Monday night. On Tuesday, it will be in the print version of the paper.

Back in November, De Vaul was sentenced to 90 days in county jail for building code violations at Sunny Acres. The next day, one of the jury members posted bail for his release.

De Vaul has been trying for months to get his story national attention.

After only 24 hours in jail, Sunny Acres Ranch owner Dan De Vaul is a free man. The person who bailed him out was none other than one of the jurors who helped convict him. Mary Partin says she couldn't justify how he got there in the first place. " I couldn't believe he was in jail, I couldn't believe he had been arrested. I just thought it was egregious. I just had to do something, I had to do the right thing and this was the right thing."

Partin claims she was bullied and harassed during the deliberations and never wanted to convict De Vaul . In the end, she felt pressured to go along with the others and went along with the decision to find him guilty of two code violations. She had wanted to vote 'not guilty' on all nine charges brought against him.

Thus, she posted his bail, putting out about $500 for it. Her reasons boil down to how she felt about what De Vaul was doing by helping the homeless and how others lost sight of the significance of that. "I had the opportunity to visit his facility last night and I had grown men hug me and cry because he was back with them," Partin said.

On Tuesday, De Vaul's lawyers filed an appeal on his conviction. However, the county says the appeal won't stop its enforcement efforts, according to Chief Code Enforcement Officer Art Trinidad. "It does not stay any actions that the county has. His appeal is actually a judicial appeal. It does not affect any new violations,or existing violations of county code."

Critics say De Vaul is taking advantage of the homeless by charging them to live in unsafe conditions. After he was bailed out, he maintained his motivation is to help those who need it. "It doesn't have to be in the face of San Luis," De Vaul said. "That's not what I'm trying to do. All I asked for is a chance to help these people."

The former juror who posted bail for Sunny Acres owner Dan De Vaul is speaking out about her unusual move. Mary Partin was on the jury that convicted De Vaul in September of criminal charges related to code violations at his ranch near San Luis Obispo. Yesterday, she paid nearly $500 to bail De Vaul out of jail, one day after he began serving his sentence.

Today, Partin told KSBY News that she felt pressured to convict De Vaul and supports his efforts to shelter homeless people on his ranch. She said, "I couldn't believe he was in jail, and I couldn't believe he had been arrested. I just thought it was egregious."

De Vaul was sentenced to 90 days in jail on Monday after he refused probation for his conviction on building safety and vehicle storage violations. His attorney has filed an appeal of the conviction. San Luis Obispo County code enforcement officials say they will continue their efforts to bring De Vaul's property into compliance while the legal process continues.

De Vaul's critics say he takes advantage of the homeless by charging them to live in substandard and unsafe accommodations.

The owner of a controversial recovery center in San Luis Obispo County is back at home tonight, after he says a juror bailed him out of jail.

Sunny Acres Owner Dan De Vaul was handcuffed and booked into jail during a sentencing hearing yesterday.

He was sentenced to 90 days in jail, after he refused probation.

Since then, the San Luis Obispo County Sheriff's Department confirms an appeal has been filed in the case, and a bail amount was set on that appeal.

De Vaul says his bail was about $420.

Now that he is out, he tells KSBY News he hopes to take his message national.

"I hope that this becomes a symbol across the United States of how the homeless need help," said De Vaul. "They don't have to be feared, they don't have to be run into creeks and sleeping in streets."

Back in September, De Vaul was convicted on two out of nine charges stemming from his San Luis Obispo County facility.

We'll have more on this story on KSBY News at 11.

Sunny Acres owner Dan DeVaul is sentenced to jail time, but the fight over his recovery center may not be over yet.
DeVaul refused probation at his sentencing hearing Monday and instead opted for jail.
He was convicted on two out of nine charges stemming from his San Luis Obispo County facility.
DeVaul will serve 90 days in jail and pay a $1,000 fine.
KSBY News was the only television station in the courtroom Monday.
Simply put, DeVaul could have accepted probation and avoided any jail time or fines, but his supporters say he opted for jail to make a stand, and
the Dan DeVaul Sunny Acres saga continues.

With the news media cameras clicking the latest chapter has the controversial recovery center owner sticking out his arms and being handcuffed before being taken to jail.

"We're here for you Dan, we're not going nowhere," one of his supporters Darcene Clayton shouted to him from inside the courtroom.

After DeVaul acknowledges his supporters in the courtroom they stood and applauded his decision.

It's a decision the deputy district attorney says is all Mr. DeVaul's.
"He chose not to accept terms and conditions of probation, so the court really had no choice but to sentence him to some amount of time in jail," Deputy District Attorney Craig Van Rooyen said.

The terms and conditions of his probation stated Devaul still needs to bring his property up to code. They say even when he does get out of jail, he will still have to do that. DeVaul supporters say there is another side.

"The moment he'd walk back on his property they would arrest him for a probation violation and not for housing the homeless," Clayton said.
DeVaul says the terms of probation would prevent him from housing about 30 people who reside at his recovery center.
Darcene Clayton has lived there since 2007.
"Today he's making a stand for the people of homeless, and alcohol and drug, and the people that are living in the creeks. The people that can not afford the $700 and $2,200 programs," Clayton added.
County code enforcement officials tell KSBY News, DeVaul is under the impression if he goes to jail he will be absolved of all fines and penalties,
and they say that is not the case.
County code enforcement says it will wait for DeVaul to get out of jail and then continue to pursue the case if his property is still not up to code.
DeVaul's supporters say they will fight to keep Sunny Acres open.

Sunny Acres owner Dan De Vaul was booked into the San Luis Obispo County Jail after he was sentenced Monday. De Vaul was given the option of serving probation, but instead chose jail time.

In September, De Vaul was convicted on 2 out of the 9 charges related to building code violations at his recovery center off Los Osos Valley Road.

He will serve 90 days in county jail, and must pay a $1,000 fine.

De Vaul has 30 days to file an appeal. If he chooses to appeal the sentence, he can request bail, which will be set at $5,000.

San Luis Obispo County Code Enforcement said De Vaul has indicated he has no intention of bringing Sunny Acres up to code. The county says it will consult an attorney to decide its next move.

The owner of an embattled San Luis Obispo County recovery center has been arrested and taken to jail after rejecting probation.

Sunny Acres owner, Dan De Vaul was sentenced to 90 days in county jail Monday.

In September, De Vaul was convicted on 2 out of 9 charges related to building code violations at his facility off Los Osos Valley Road.

De Vaul was found guilty of creating a fire hazard and unlawfully storing mobile homes and vehicles.

The embattled owner of a San Luis Obispo county recovery center is expected to learn his fate Monday.

Sunny Acres owner Dan Devaul is scheduled for sentencing. In September, he was convicted on two out of nine charges related to building code violations at Sunny Acres. He was found guilty of creating a fire hazard and unlawfully storing mobile homes and vehicles on the facility, located off Los Osos Valley Rd.

The judge assigned to the case against Sunny Acres owner, Dan Devaul, has denied a motion to grant him a new trial.
This is Devaul's third appearance before a judge.
The motion had been continued twice in the last week.
His attorney alleges juror misconduct in Devaul's September trial.
He was convicted on two charges related to building code violations at his San Luis Obispo County recovery center.
He is scheduled to be sentenced on November 23.

Sunny Acres owner, Dan Devaul, will make his third appearance before a judge to find out whether he will be granted a new trial.

The motion has been continued twice in the last week. His attorneys allege juror misconduct in Devaul's September trial. He was convicted on two charges related to building code violations at his San Luis Obispo county recovery center.

The owner of a controversial San Luis Obispo County recovery center will have to wait at least another day to find out if he'll get a new trial.

A hearing in the case against Sunny Acres owner Dan DeVaul was rescheduled this morning in a San Luis Obispo courtroom. The new court date is Tuesday at 10:00 a.m.

In September, DeVaul was convicted on two of nine counts related to building code violations at his Sunny Acres ranch on Los Osos Valley Road. His attorneys are reportedly asking for a new trial because of what they call "juror misconduct."

The owner of a controversial San Luis Obispo county recovery center could find out if he'll get a new trial.

Sunny Acres owner Dan Devaul is expected in court at 10:00a.m. Monday to find out if a judge will grant his motion for a new trial. The hearing was continued from Friday.

In September, Devaul was convicted on two of nine counts related to building code violations at Sunny Acres. His attorneys are reportedly asking for a new trial because of what they call "juror misconduct."

The owner of a controversial local recovery center will have to wait to see if he gets a new trial. In September, Sunny Acres owner Dan De Vaul was found guilty on two charges related to building code violations at the San Luis Obispo recovery center. Friday, his attorneys were expected to ask for a new trial citing "juror misconduct" but the hearing was continued till Monday. De Vaul's attorneys believe one juror told other jurors additional information about the case, because of his position in law enforcement.

Sunny Acres owner Dan Devaul is expected in court Friday, to file a motion for a new trial.

In September, a jury found Devaul guilty of two out of nine charges related to building code violations at his San Luis Obispo recovery center. Devaul's lawyers are now asking for a new trial, alleging juror misconduct. They believe one juror told other jurors additional information about the case because of his position in law enforcement.

Reported by: Jimena Martinez

Lawyers for Sunny Acres owner, Dan De Vaul, file a motion for a new trial.

The motion was filed last Thursday in San Luis Obispo Superior Court.

Last month, a jury found De Vaul guilty of two out of nine charges related to building violations at his recovery center.

De Vaul's lawyers are now asking for a new trial because of what they call judicial misconduct. They say one of the jurors told the other jurors he knew more about the case, due to his position in law enforcement. They say he then told them that De Vaul was guilty no matter what the evidence showed.

The motion also states that the same juror harassed another juror to change her mind, after announcing she was going to vote to acquit De Vaul on all counts.

KSBY News could not speak to lawyers on both sides, because a gag order remains in effect.

Friday, September 18, 2009

Reported by: Ryan Foran

The jury is dismissed for the week in the case of Dan Devaul and his Sunny Acres Recovery Center.

The jury deliberated for the second day after a week of testimony, but jurors interrupted deliberations to consult the judge after apparently having trouble reaching a verdict.

The jury will reconvene Monday morning.

Devaul faces nine misdemeanor counts stemming from what the county calls improper housing structures on his property off of Los Osos Valley Road near San Luis Obispo.

Thursday, September 17, 2009

Reported by: Jimena Martinez

The jury begins its deliberations in the case of Sunny Acres owner Dan DeVaul after a week of testimony.

DeVaul faces nine misdemeanor counts related to his former recovery center. The center had housed about 45 people in shed-like structures, tents and trailers on his property off Los Osos Valley Road.

San Luis Obispo County officials say he violated county codes.

DeVaul announced plans to shut down the facility in August, but the facility remains open.

/jj

Wednesday, September 9, 2009

Reported by: Emily Kiefer

Jury selection is scheduled to begin Thursday for the case against the owner of an embattled recovery center.

Dan DeVaul faces nine misdemeanor counts related to his former recovery center, Sunny Acres. That center had housed about 45 people in shed-like structures, tents and trailers on his property off Los Osos Valley Road.

But after years of battling with San Luis Obispo County officials, DeVaul shut down the facility in August.

Jury selection was supposed to begin Wednesday, but the attorney on the case called in sick, so it was continued until Thursday.

Friday, July 31, 2009
Reported by: Stacy Daniel

As the future of a controversial sober living facility hangs in the balance, operations there go about as usual.

Last week, fire officials issued several notices for sub-standard and illegal structures on the Sunny Acres property.

On Monday, ranch owner, Dan DeVaul said he was closing the facility down.

Despite the fact that the owner of this controversial sober living facility said he was calling it quits and closing his doors, tired of fighting with the county over various code violations.

But, instead Dan DeVaul has issued code enforcement officers a challenge.

DeVaul said, "I think if they're going to find so much fault with what I'm doing, they've got to do better."

Because of a criminal case against DeVaul regarding various code violations, a judge has issued a gag order.

No one involved in the case is allowed to talk about it.

DeVaul says he is not talking about the case, he is talking the people who call Sunny Acres home.

DeVaul said, "There's been a lot of thinking and a lot of talking but if you're talking to me, you know, from day one I've said we're closing Sunny Acres by inviting the county out here to take better care of these people than we're taking of them."

San Luis Obispo resident Christine Mulholland isn't buying DeVaul's story. She said, "It's a blatant attempt to try to try his criminal case in the court of public opinion."

Mulholland added that DeVaul is only playing games with the county. She said, "The county is not going to come in and remove people. The county is going to insist that he house the people he's housing in legal, safe conditions."

DeVaul said, "All I can do is keep trying, and if I want to sit down and worry and cry about 'what if,' boy, I'd be down today for sure."

The criminal trial against DeVaul is scheduled to begin in early September.

Thursday, July 30, 2009

Reported by: Justin Myers

A judge issues a gag order in the state's criminal case against Sunny Acres owner Dan DeVaul.

The gag order states it applies to those in the district attorney's office, the defense attorney's office, the defendant, any possible witnesses plus law enforcement officers who have worked on the case.

DeVaul is facing eight charges stemming from code violations he received while running the Sunny Acres recovery home.

Earlier this week, DeVaul said he is closing down the center Friday.

Tuesday, July 28, 2009
Reported by: Amber Lee

Despite news that the Sunny Acres recovery center may be closing, one Central Coast code enforcement officer thinks otherwise.

Dan DeVaul announced on Monday that he is sick of fighting with the county of San Luis Obispo to run his recovery center, so he said he is shutting his doors this Friday.

Last week, another search warrant was served to DeVaul as code enforcement officers deemed more structures on his property as substandard.

San Luis Obispo County's chief investigator for code enforcement said it is all a ploy.

"It's a spin. It's Mr. DeVaul trying to manipulate people and manipulate probably people who would be willing to help him," said Art Trinidade, chief investigator for the county of San Luis Obispo.

It is a dispute that has been going on for years over DeVaul's land. DeVaul said he is trying to house the homeless to keep them off the streets. But the county said it's not about the people, it's about living conditions and the stuff he hoards.

"If you're not happy with what I've been trying to do with these people. You take these people," said Dan DeVaul, owner of Sunny Acres.

"What we're trying to do is make sure that if Dan DeVaul actually wanted to actually house people in a safe and sanitary way. That he did it correctly," said Trinidade.

On Tuesday morning DeVaul and some of his clients spoke at the San Luis Obispo County Board of Supervisors meeting during public comment.

DeVaul said he is tired of fighting with the county and is now turning the problem over to them. He is giving the county permission to remove his tenants.

"We have no authority to evict anybody off the property. He's the land lord. It's not Sunny Acres, it's he who is the land lord, Dan DeVaul," said Trinidade.

DeVaul will be in court Wednesday for a pre-trial hearing on nine counts of land use violations. His trial begins in September.

Thursday, June 25, 2009

Reported by: Jimena Martinez

A local rancher and some of his residents are suing San Luis Obispo County and its board of supervisors.

Sunny Acres owner Dan DeVaul alleges that the county's efforts to bring his ranch into compliance with county codes violate federal, state and local laws.

DeVaul is accused of violating county building codes for unsafe housing.

The county council says a judge upheld the county's position in court today, which allows the county to go forward with its nuisance abatement efforts.

Tuesday, May 19, 2009
Reported by: Amber Lee

The San Luis Obispo County Board of Supervisors voted unanimously Tuesday that Sunny Acres owner Dan DeVaul must remove 37 cars and trucks and three mobile homes from his property.

Last year, Dan DeVaul was ordered to get rid of several mobile homes on his property. County code enforcement said he failed to do so, prompting Tuesday's meeting.

For nearly nine years, the county and DeVaul have been at odds with each other over code and land use violations. Devaul uses his 72-acre property as a recovery center called Sunny Acres.

For two hours, the Board of Supervisors heard recommendations from folks on both sides. In the end, the unanimous vote now forces DeVaul to do what he was supposed to from the beginning.

"They came on and said, 'You need to get rid of all vehicles on your property except two.' No definition of vehicles no nothing else," said DeVaul.

Neighbors have been calling Dan DeVaul's property in San Luis Obispo an eyesore for years. His ranch is zoned for argricultural use, but county code enforcement officers showed photos at a hearing Tuesday that his land is used for all other purposes than what its intended.

Last summer, the county issued DeVaul a nuisance abatement order because his land was not in compliance.

"Let me explain why we come to a nuisance abatement. We don't come here frivolously. We come here after often years of negotiating with a client to try and voluntarily resolve a violation," said Art Trinidade, supervisor of the San Luis Obispo County Code Enforcement Office.

DeVaul said since then he has gotten rid of about 50 cars and over 200,000 pounds of scrape.

"This ranch is cleaner now than it was then," said DeVaul.

Neighbors said the junk is still there and DeVaul has had a number of chances to get his act together.

"They have tried for years and years to bring him in compliance to help him bring his property into compliance. He has refused, and now the county is forced to do it themselves," said Christine Mulholland, neighbor and former San Luis Obispo city councilwoman.

DeVaul must now remove 37 vehicles and three mobile homes from his property or else risk having them seized by the county.

San Luis Obispo County code enforcement said they will check on DeVaul's property in the next 45 days to see if the vehicles and mobile homes have been removed. If they have not, the county will take and store the items and charge DeVaul the cost of storage.

Friday, March 20, 2009
Reported by: Ryan Foran

The owner of a controversial recovery center is outraged after county officials remove items from his property.

Dan DeVaul, the owner of the facility, has been at odds with San Luis Obispo County officials for some time. Last month, a judge told DeVaul he is violating building codes. DeVaul says his facility is there to help people who are addicted to drugs and alcohol.

Once again, the county and Dan DeVaul do not see eye to eye. Friday, county officials showed up at his ranch to remove 26 vehicles they say they warned him about. DeVaul says he was flat out duped.

"We're dealing with vehicles that have no agriculture component to them. They're just improperly stored outdoors. "It's a part of our abatement order, which is to deal with the blight on the property," said Art Trinidade with San Luis Obispo County Code Enforcement.

DeVaul says he was told in advance to remove or properly store the vehicles. But he also says that county officials told him that since he was making progress, he would be OK.

"I was led to believe that they were just searching, serving a search warrant as part of business, and as long as I've been working ahead and doing everything, everything was all right," DeVaul said. And so then this morning here they come with all these tow trucks and I said, 'Jesus, something's wrong.'"

Trinidade, the chief investigator on the case says at one point last year there were more than 100 vehicles on DeVaul's ranch and he was given a fair warning.

"He's been given a lot of opportunity to get rid of these cars, a long time. We've been at this now for almost three years and now the rubber hits the road," Trinidade said.

"You know, I thought we were a hundred percent on course, but apparently they, you know, it's worth it to them to lie, cheat and dupe me so that they can get some of the vehicles," DeVaul said.

In total, the county removed seven vehicles from DeVaul's ranch Friday. The county code enforcement officials spent four and a half hours on the ranch.

Friday, February 27, 2009
Reported by: Amber Lee

The story involving a Central Coast recovery center enters a new chapter.

Dan DeVaul is a San Luis Obispo rancher who owns Sunny Acres. He's being accused of violating county building codes for unsafe housing.

Last fall, many folks were evicted from the property by the county.

A judge ruled that the "necessity defense" DeVaul's attorney was trying to use to bring witness testimony will not be used in court.

In a San Luis Obispo courtroom, Judge John Trice heard from both sides Friday.

Devaul's attorney tried to convince the judge that witness testimony from those who actually live at the Sunny Acres recovery center should be heard as part of the "necessity defense." He said if Devaul didn't house them, they would have no where to go.

"I'm trying to do something to help people that are trying to help themselves. It's mainly the people I want to help," said Dan DeVaul.

But the prosecution said it's not about the people living on his property, but how they were being housed

County code enforcement deemed a Sunny Acres structure dangerous. The building lacked fire escapes and broke number of county codes - conditions that no one should be living in, not even the homeless, said prosecutors.

"The buildings were in such a situation that there was no excuse for it," said Craig Van Rooyen, deputy district attorney for San Luis Obispo County.

When the judge finally decided on the motion he focused on the buildings. He said DeVaul did not take other steps to bring his buildings into compliance.

"To the extent that witnesses have anything to say about whether the buildings were permitted or whether they were up to fire codes or building codes, that testimony won't come in," said Rooyen.

DeVaul said the battle is far from over.

"I'm fighting big odds and I know it," said DeVaul.

DeVaul's attorney says he is appealing the judge's decision before his client's trial date in early April.

DeVaul is being charged with nine counts of land use violations.