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HomeMy WebLinkAboutAdministrativeCitationAppeal_1267FredericksAdministrative Citation Appeal Form This request to appeal must be received by the City Clerk within 10 days of date of the citation to be considered timely filed. Please submit any supporting documents or photos with this form. Questions about this form or the appeal process? Contact the City Attorney’s Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 Rev. 9/2020 CO M P L E T E B O T H S I D E S 1.Appellant. Mr./Mrs./Ms. Name ________________________________________________________ Phone ____________________________ Email _____________________________________________ Mailing Address _______________________________________________________________________ City ______________________________________ State ____________ Zip Code __________________ (If Applicable) Business Name ____________________________________ Business License # ___________________ 2.Interest in Citation. (Place X in front of selection) ____A. Charged personally ____B. Charged as the owner of the property ____C. Acting as the legally authorized Agent of the cited business or homeowner 3.Administrative Citation. Date of Citation _______________ Citation Number______________________ Address of property cited or location where an individual was cited: Citation Address ______________________________________________________________________ City _____________________________________ State ____________ Zip Code __________________ Municipal code section(s) violated: _______________________________________________________ Code violation(s) being appealed: _________________________________________________________ 4.Reason for appeal. Give a brief statement of why you are appealing and why the notice of violation/administrative citation should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support of your appeal should be included with this form. (number of sheets attached ________) Avery Maslan 1267 Fredericks st San Luis Obispo CA 93405 X 9/12/20 2015112090 1267 Fredericks St San Luis Obispo CA 93405 9.12.050A 9.12.050A I am emailing you to contest a warning ticket we got at 11:21 pm at 1267 Fredericks last Saturday, the 12th of September. We got a noise complaint and Officer Etherton came to our house. Seven girls live in our house, and we had three people over in addition to that. To our knowledge this falls within COVID-19 guidelines. We were listening to music, playing games, and had our twinkly lights on. We checked on the noise from the outside of our house and could not hear any excessive noise. We have never gotten a noise complaint since moving in January of 2020. We decided because of these circumstances it would be in our interest to contest this warning. The police officer in question was very nice and understanding. City of San Luis Obispo, Title, Subtitle Email to: cityclerk@slocity.org or Mail/Deliver in person to: City Clerk’s Office, 990 Palm St., San Luis Obispo, CA 93401 Questions about this form or the appeal process? Contact the City Attorney’s Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 Administrative Citation Appeal Form CO M P L E T E BO T H S I D E S 5.Election of Appeal Process. Note: All Administrative Citations written for violation of Title 15 of the Municipal Code (building and related codes), even if other code violations are also cited, will be automatically heard by the Construction Board of Appeals. Election of Hearing Officer review is not valid and your check for $281 must accompany this appeal form. For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an appeal process. (1) At no charge, you may choose an expedited, less formal appeal process of review by a Hearing Officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to Government Code Section 53069.4. (2) However, if you wish to retain your right to challenge the Administrative Citation, or any final city action related to the 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 $281. Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. I have read the above and choose: (Place X in front of selection) ____ A. My administrative citation includes a Title 15 violation requiring review by the Construction Board of Appeals. My check for $281 is enclosed ____ B. More formal appeal to Administrative Review Board. My check for $281 is enclosed. ____ C. Expedited appeal to Hearing Officer 6.Election to forego an in-person hearing. It is your right under San Luis Obispo Municipal Code Section 1.24, no matter which appeal process is chosen, to have an in-person hearing. If you choose, you may forego this right and have your appeal reviewed on the record, which will include all documents you submit and all those provided by the City. By checking this box I am indicating I do not want an in-person hearing □ 7.Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and that this appeal form was signed on: ________________ at ________________________ , __________ Date City State If different from the address in Paragraph 1, the official mailing address to receive further notices from City relating to the appeal is: ____________________________________________________________________________________ Street Address City State Zip ______________________________________ __________________________________ Signature of Print name of Appellant x 09/17/20 San Luis Obispo CA Avery Laine Maslan