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RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT FOR HEARING OFFICER SERVICES UNDER BARSTOW MUNICIPAL CODE CHAPTER 6.30
WHEREAS, Chapter 6.30 of the Barstow Municipal Code provides each violation of a provision of the Barstow Municipal Code for which the penalty is an infraction or misdemeanor shall be subject to an administrative fine and penalty, in addition to and separate from any other remedy authorized by applicable law; and WHEREAS, section 6.30.130 of the Barstow Municipal Code establishes procedures for hearings regarding administrative fines and penalties issued for violations of the Barstow Municipal Code; and
WHEREAS, given the technical requirements for hearings under section
6.30.130 of the Barstow Municipal Code, the City Council desires to delegate its authority under Barstow Municipal Code section 6.30.020 to select a hearing officer, given the current absence of a code commission, to the City Manager, who will select a hearing officer or officers to hear all appeals under Chapter 6.30 for the period of their appointment; and
WHEREAS, the City Council desires this delegation of authority to be timelimited to apply only to appeals within one year of its adoption and, upon expiration, revisit the procedure for nuisances abatement proceedings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. RECITALS. The recitals set forth above are true and correct and incorporated herein by this reference.
Section 2. AUTHORITY TO DELEGATE HEARING OFFICER DUTIES AND EXECUTE AGREEMENT. The City Council has the inherent power and authority to delegate its role as the hearing officer selection body for administrative fines and penalties appeals under Section 6.30.020 of the Barstow Municipal Code to the Interim City Manager, who will select a hearing officer or officers and engage their services to hear all appeals for one year from the adoption of this Resolution that arise under Chapter
6.30. Section 5. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Resolution and shall give notice of it if and as required by law.
Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.
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Section 7. SUNSET DATE. This authority granted to a hearing officer selected by the City Manager as authorized by this Resolution shall expire one year from this Resolution’s adoption unless extended by further action of the City Council. This sunset date shall not affect or supersede any appeal hearing pending at the time of its expiration.
ADOPTED by the City Council of the City of Barstow at a regular meeting of said Council held on June 3, 2024 by the following vote:
AYES:
NOES:
ABSENT:
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Dr. Paul A. Courtney, Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk
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City Attorney