HomeMy WebLinkAboutItem B1 - SLOMC1.24.130 ARBDecisionContentsSan Luis Obispo Municipal Code
1.24.130 Decision by administrative review board or construction board of appeals.
A. Decision by Board. After considering all the evidence and testimony submitted at an appeal hearing,
the administrative review board or construction board of appeals, as applicable, shall issue a decision, as
further described in the administrative citation and appeals guidelines, within thirty calendar days to
either uphold or revoke the administrative citation based upon a conclusion of whether the violation
occurred. A decision must be supported by a majority of the applicable board. A member shall not vote
if he or she did not hear all the evidence or listen to or read the entire hearing record. If an
administrative citation charges two or more code violations, the applicable board may uphold all
violations, or uphold some violations but not all violations, or dismiss some or all violations. The written
decision shall also summarize the evidence, and shall be supported by written findings of fact. The
administrative review board and the construction board of appeals do not have the authority to reduce
or modify a fine of a violation that is upheld on appeal. If a violation is not upheld, the administrative
citation shall be revoked. The notice of decision shall be mailed by first class and certified mail, postage
prepaid, return receipt requested, to the appellant or their designated representative. The failure by the
appellant to appear at the appeal hearing shall be noted on the notice of decision. The decision of the
administrative review board or construction board of appeals shall be final.
The written decision may be, but is not required to be, adopted by resolution and shall contain, at a
minimum, the following:
1. Name of appellant;
2. Date of administrative citation, municipal code violations charged, location of subject property (if
applicable);
3. Date, time, and place of appeal hearing, and the identity of board members;
4. The names of all people participating in the hearing and their capacity, either as appellant,
representative of appellant, witness for or against appellant, city staff or otherwise;
5. A statement that the hearing was recorded, the method of recordation, and that recording is in the
custody of the city clerk;
6. A statement whether the appellant or designated representative was present or failed to appear;
7. If no one appeared on behalf of appellant, a statement whether appellant submitted any written or
other evidence;
8. A statement that the board received the administrative citation and supporting information as prima
facie evidence;
9. A brief summary of all credible relevant testimony and the identity of the witness giving it;
10. A list of all physical evidence, including, but not limited to photographs, maps, drawings, and
documents;
11. A statement whether the board upholds, revokes or modifies the administrative citation(s), as to
each municipal code violation charged;
Administrative Review Board Meeting of May 29, 2018
Item B1 - Orientation & Training
12. A statement as to which oral or physical evidence the board found credible in support of the
decision;
13. If the decision upholds the administrative citation, in whole or in part, the decision shall specify the
due date for payment of the fine, which shall not be less than ten days nor more than thirty days after
the date the decision is mailed;
14. The names and votes of members of the board, showing that a majority of the members of the
board supported the decision;
15. The signature of the chairman of the board or his or her designee, and the date of signature.
Administrative Review Board Meeting of May 29, 2018
Item B1 - Orientation & Training