A complaint filed Nov. 9, 2011, at San Mateo County Superior Court alleges that Mr. Smith ignored requests by the town in the late summer and fall of 2008 to stop work, contact the town and acquire the necessary permits for construction and site development, including grading and the installation of utilities.
Attempts to reach Mr. Smith or his attorney for comment have been unsuccessful.
In October 2008, after no response to an order that the improvements be removed, the complaint said, the town's community preservation officer recorded a code violation notice, which is supposed to halt all development on the property. A code violation also complicates any attempt to sell the property.
In the complaint, Woodside refers to the violations as "a public nuisance" and asks the court to order Mr. Smith to remove the building, return the property to its pre-construction condition, obtain the necessary permits and have the town inspect the resulting construction.
The town also asks Mr. Smith to reimburse the town for its legal fees and pay a fine of $5,000, the maximum allowed. The town is demanding penalties that would exceed $25,000, according to a filing by Town Attorney Jean B. Savaree of the firm Aaronson, Dickerson, Cohn & Lanzone in San Carlos.