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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. 0 3. The names of all people participating in the hearing and their capacity: a W 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 Page 2 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 Page 3