HomeMy WebLinkAbout05-12-2016 Turnwall - Noise Appeal570 Ellen Way
San Luis Obispo, CA 93405 MAY 1 P, 2016
May 11, 2016
Administrative Citation Hearing Administrator
990 Palm Street
San Luis Obispo, CA 93401
On May 4th, 2016, I, along with my roommates who live at 570 Ellen Way, received an
Administrative Citation from the San Luis Obispo Police Department. The citation was issued in
accordance to violating 9.12.050A, noise disturbance. Around midnight, two police officers
approached our house asking for a resident, at which point I came outside and was written an
automatic ticket due to a previous warning months ago. Both of the Officers on the scene,
Officer Etherton and Magana recommended that we write an appeal considering the
circumstances.
However, not only were there less than 20 people over, but we did not even have music
playing. We had warned our neighbors about us having some people over, but we were sure to
end things at midnight. There were some people still at our house when the officers arrived, but
we were in the process of asking them to leave due to the fact that we did not want a ticket.
Despite our best efforts to prevent a ticket, they were reluctant when we told them they had to
leave.
It is my belief that this ticket was unfairly issued to my residence, and I am asking to
appeal it based on the grounds that it wasn't deserved given our efforts to notify our neighbors
about people coming over beforehand, and our efforts in getting people to leave. Please
consider this appeal as we believe we did everything we could to prevent this from happening.
Thank you.
Richard Turnwall
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City Administration
990 Palm Street, San Luis Obispo, CA 93401-3249
805.781.7114
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5/16/2016
Richard Turnwall
570 Ellen Way
San Luis Obispo CA 93405
Re: Appeal Administrative Citation (Non -Title 15 Violation)
To Whom It May Concern:
You have indicated a desire to appeal an administrative citation issued to you. The City's
regulations have recently changed and you need to take additional action. Within 10 days of the
date of this letter, you must provide the City Clerk with a written appeal that complies with the
requirements of Chapter 1.24 of the Municipal Code, which governs administrative citations and
appeals. The Municipal Code is available on the City's website, www.slocity.org. If you fail to
do so, you will be deemed to have abandoned your appeal.
PLEASE NOTE THAT THE FINE AMOUNT CANNOT BE REDUCED BY FILING
AN APPEAL.
At a minimum, the written appeal shall state the following information. For your
convenience a form has been provided to capture the necessary information.
1. The name, address, phone number and other contact information of the person filing the
appeal.
2. Whether you were charged personally with the administrative citation, or as owner or
other legal interest in the building or property that is the subject of the administrative
citation.
Attach a copy of the citation being appealed, or list the date of the citation, number of
administrative citation, address of property cited or location where an individual was
cited, and municipal code violations cited
4. Whether you are appealing all code violations (if charged with more than one code
violation) or only certain code violations. You must specify the code violations you are
appealing.
Why you are appealing the administrative citation. This may include why you feel the
administrative citation was issued in error and why it should be revoked or modified.
6. Whether you elect either to proceed with an expedited appeal before a hearing officer
or to a more comprehensive appeal before the Administrative Review Board.
a. At no charge you may elect an expedited, less formal appeal process to a city hearing
officer, whose final decision may be appealed directly to the superior court for de
novo review pursuant to Government Code Section 53069.4, usually by a Superior
Court Commissioner. You should elect this process only if you do not wish to
challenge the administrative citation or any final city action related to the
citation in court by any writ action.
b. However, if you wish to challenge the administrative citation or any final city
action related to the administrative citation in court by any writ action you must
appeal to the Administrative Review Board for a more formal, comprehensive
hearing to ensure preparation of an adequate administrative record, and pay an appeal
fee of $279. To challenge that board's decision by writ with the Superior Court, you
may wish to obtain the services of an attorney to prepare. You also will be required to
pay the City's costs for the preparation of the administrative record, under San Luis
Obispo Municipal Code Section 1.24.140 C 3. Proceeding with ARB review does not
foreclose your right to seek de novo judicial review as provided by Government Code
Section 53069.4, but ARB review is a required administrative step prior to filing any
writ action.
Only one appeal process may be chosen, and once chosen, the election is final.
Failure to request a hearing before the Administrative Review Board within the time for
the filing of an appeal will result in the appeal being assigned to a hearing officer. Failure
to request a hearing before the Administrative Review Board within the time for the filing
of an appeal will constitute a failure to exhaust administrative remedies for purposes of
any subsequently filed writ action.
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signature(s) of each appellant(s), and the official mailing address for the appellant to receive
further notices from city relating to the appeal.
If the appeal and appeal fee, if applicable, are timely filed and paid, you will be notified
in writing of the time and date of the hearing. Failure to submit the ARB appeal fee within the
time period provided for a request for ARB review will render your appeal application
incomplete and result in rejection of your appeal.
If you have any questions, please contact the City Attorney's Department at 805-781-7140.
Sincerely
t
Kevin Christian
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Administrative Assistant
cc: City Attorney's Department