Filling Out the First Claim

 

~ If you haven't already done so, print out 1 copy of the form above.

 

~ Fill out boxes 1 and 2.

 

~ Put “N/A” in boxes 3 and 4.

 

~ Put a date not older than 6 months from today's date in box 5. The City and County    of San Francisco says claims must fall within a 6-month period, regardless if the

   problem has been ongoing for years

 

~ Put N/A in box 6.

 

~ Put where you're disturbed in box 7.

 

~ Put N/A in box 8.

 

~ Box 9 - You are free to put what you’d like here but you do need to enter why you

               think the City is responsible. I entered the purple paragraph below on my

               form. I don’t see why  you couldn’t cut some or all of it and paste it in box

               #9. 

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Rulings say the CCSF is responsible for the damage caused by the runway noise. 1) “Thus, the task of protecting the local population from airport noise has fallen to the agency, usually the local government, that owns and operates the airport” Federal Register, Vol. 65, No. 136, 7/14/2000.  2) “Airport proprietors have a duty under state law to reduce the airport noise. Plaintiffs may elect to treat airport noise as a continuing or permanent nuisance.” Source: 39 Cal.3d 862, 218 Cal.Rptr.293, 705 P.2d 866.  3) “federal preemption would not obviate the responsibility of the airport operator to compensate private property owners for any taking of their property for airport operations.” Source: The California Supreme Court of Appeal, Aaron v. City of Los Angeles, 40 Cal.App.3d 471[115 Cal.Rptr.162]

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Box 10 - Describe how the noise affects you. If relevant, use terms like "vibration",

              "the noise is an ongoing private nuisance", "disturbs my tranquility/use/                     enjoyment of my home", "obstruction to the free use of property", "the smell

              of fuel".  

 

              Those are key terms used by court decisions that reinforce the rules are in

              our favor. The green link below may help you phrase your wording.

 

          https://www.sforunwaynoise.com/how-does-the-noise-affect-people-may-21

             

             And remember, you don't need to be a homeowner to submit this claim.

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Box 11 - If relevant, enter what costs you've spent on reducing the runway noise.

              You may want to add how the stress of the noise, disturbance of sleep, et

              al, cannot be expressed in dollars.

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Box 12 - You could say something general, like "too many to list", or "anyone in the

              runway noise corridor". Addresses and phone numbers not necessary.

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Box 13 - Fill out.

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                      Now that the form has been completed, print out TWO copies of it.

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                            Address one envelope to Controller's Office Claims Division, 1390 Market Street

                            7th floor, San Francisco CA 94102.

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                           Address the second envelope to yourself.

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Put TWO copies of the completed form in the envelope.

 

Next,  put in the folded self-addressed stamped envelope.

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HOLD ON TO THE REMAINING 3rd FORM. You may need it if you don't get your form (date-stamped) returned to you in 2 weeks.                                            sallymeakin@yahoo.com

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