HomeMy WebLinkAboutARB-02-18RESOLUTION NO. ARB -02-18
A RESOLUTION OF THE ADMINISTRATIVE REVIEW BOARD OF THE
CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING THE APPEAL OF
ROGER ZANETTI AND UPHOLDING ADMINISTRATIVE CITATION
NO. 12358
WHEREAS, the Administrative Review Board of the City of San Luis Obispo ("Board")
conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis
Obispo, California at 1:15 PM on May 29, 2018, (15 minutes early with the consent of the
appellant) on the appeal of ROGER ZANETTI of Administrative Citation No. 12358 issued to
Lorin E. Zanetti on March 5, 2018 for violation of Municipal Code Section 17.17.055 (front yard
parking) ("Administrative Citation"); and
WHEREAS, notice of said public hearing was made at the time and in the manner required
by law; and
WHEREAS, the Board duly considered all evidence, including the City's Administrative
Citation, the City's supporting file and report, testimony of the appellant and City's Code
Enforcement Technician, all written or other evidence, and evaluation and recommendations by
staff, presented at such hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
SECTION 1. Findings. The Board finds:
1. The above statements are true.
2. Pursuant to Municipal Code Section 1.24.110 E, the Administrative Citation and
supporting information, (Code Enforcement Technician's notes, other documents,
exhibits, reports or other materials prepared by city staff or part of the administrative
record) relating to the code violation, were received and admitted as prima facie
evidence of the appellant's violation of Municipal Code section 17.17.055 (front yard
parking), and prima facie evidence of the facts stated in such documents.
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3. The names of all people participating in the hearing and their capacity:
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a. Appellant: ROGER ZANETTI
b. Representative of appellant: Appellant represented self
c. City staff.- City Clerk Teresa Purrington; Kelly White, staff liaison to the Board;
Anne Russell, Interim Assistant City Attorney, legal advisor to the Board; Code
Enforcement Technician Dan Liddell
d. Witnesses (indicate either FOR or AGAINST appellant):
Roger Zanetti (FOR);
Dan Liddell (AGAINST)
Resolution No. ARB -02-18
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4. The hearing was recorded by audio recorder, which recording is in the custody of the
City Clerk.
5. The appellant was present.
6. The following physical evidence, including, but not limited to photographs, maps,
drawings, and documents, was submitted: City's administrative record attached to
Notice of Hearing dated May 15, 2018 including, among other things, photograph of
property located at 210 Grand Ave. taken on March 2, 2018, and previous citations for
the same offense; City staff report. Mr. Zanetti submitted no physical evidence, only
witness testimony.
7. The Board has decided to uphold the Administrative Citation.
8. The Board found the following evidence credible in support of the decision:
a. The photograph of March 2, 2018 on the Administrative Citation, admitted as
prima facie evidence under Paragraph 2 above, demonstrates that the citing
Code Enforcement Technician, Dan Liddell, personally observed the violation,
and that the property was in violation of San Luis Obispo Municipal Code
Section 17.17.055 (front yard parking).
b. Appellant failed to submit any credible evidence that the violation did not occur.
10. The due date for payment of the fine shall be thirty days from the date this decision is
mailed to the appellant.
SECTION 2. Action: Based on the above findings and evidence submitted in support thereof, the
Board does hereby deny the appeal of ROGER ZANETT.1 and upholds the Administrative Citation.
SECTION 3. Appeal or Review by Writ. This Resolution is the City of San Luis Obispo's final
administrative decision on the Administrative Citation, pursuant to San Luis Obispo Municipal
Code Section 1.24.140. A person contesting this decision may do so in either of two ways. First,
pursuant to California Government Code Section 53069.4(b)(1), within 20 days after service of
this Resolution, a person contesting this decision may seek review by filing an appeal to be heard
by the Superior Court of the County of San Luis Obispo. Alternatively, a person contesting this
decision may file a petition for writ with the Superior Court of the County of San Luis Obispo.
The time within which the petition must be filed and the applicable requirements are governed by
the California Code of Civil Procedure. Either the appeal or the petition for writ filed with the
court must contain a proof of service showing a copy of the appeal or petition for writ was served
upon the City Clerk of the City of San Luis Obispo. The petitioner must pay to the superior court
the appropriate court filing fee when the appeal or petition is filed.
Upon motion of Board Member Karlin, seconded by Vice Chair Pazdan, and on the
following vote:
Resolution No. ARB -02-18
AYES: Board Member Karlin,
NOES: None
ABSENT: None
Vice Chair Pazdan, and Chair Conaway
The foregoing resolution was adopted this 29"' day of May 2018.
Earl Conaw;$, Chairperson Date of Signature
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