ORDINANCE NO. 1715
AN ORDINANCE OF THE CITY COUNCIL OF SAN
CLEMENTE, CALIFORNIA AMENDING SAN
CLEMENTE MUNICIPAL CODE CHAPTER 1.22
RELATING TO FEES FOR ADMINISTRATIVE
HEARINGS AND APPEALS
WHEREAS, the City of San Clemente ("City") is authorized to conduct administrative hearings and appeals pursuant to various Chapters of the San Clemente Municipal Code; and WHEREAS, currently, Chapter 1.22 of the San Clemente Municipal Code provides for the payment of the full costs of administrative hearings and appeals by the person requesting such hearings and appeals if such appellant is unsuccessful in reversing the decision in question; and WHEREAS, the costs of such hearings and appeals include the costs to notice the hearing or appeal, staff analysis of the matter which Is the subject of the hearing or appeal, the cost of a hearing officer, preparation of the record, and preparation of formal documents upholding or denying the administrative hearing or appeal; and
WHEREAS, the City Council wishes to amend the code to provide for a fixed fee for such hearings and appeals, to be established by a separate resolution of the City Council.
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
SECTION 1. Chapter 1.22 of the San Clemente Municipal Code is hereby amended to read as follows:
"1.22.010 - Purpose.
The purpose of this chapter is to establish a process for imposing and collecting costs associated with administrative hearings and administrative appeals authorized by the San Clemente Municipal
1.22.020 - Hearing Fee.
A. Whenever an administrative hearing or administrative appeal is authorized under any provision of the Municipal Code, and except as otherwise provided by this Municipal Code or state law, the person requesting the hearing or appeal shall pay a hearing fee, if such a fee is established by City Council resolution, which shall be refunded if the person so requesting the hearing or appeal prevails in the hearing or appeal, as set forth in Subdivision B below.
Ordinance No. 1715 Page 2
B As used in this section, the term "prevail" shall mean the decision or action of the City for which the hearing or appeal is requested is overturned or reversed in its entirety.
If the person requesting the hearing or appeal is successful in modifying only a portion of the City's decision or action, then the person requesting the hearing or appeal shall pay one-half of the hearing fees.
•2. If challenges to multiple administrative citations are consolidated into one hearing pursuant to Section 1.20.080.C, and the person requesting the hearing is successful on one or more, but not all citations, then the person requesting the hearing shall pay one-half of the hearing fees.
1.22.030 - Deposit of Hearing Fee.
A. The City-issued notice of violation or citation shall include the amount of the hearing or appeal fee, or within 10 business days of the receipt of a request for a hearing or appeal, the City shall notify the person requesting the hearing or appeal of the hearing fee. The person requesting the hearing or appeal shall deposit the estimated hearing fee with the City Clerk no later than 15 working days from the date of the City's notice of the hearing fee. If such hearing fee is not deposited by such time, the right to the hearing or appeal shall be . deemed waived.
B. Advance deposit hardship waiver.
1. A person requesting the hearing or appeal who is financially unable to make the advance deposit of any applicable fine, hearing fee, or appeal fee may file a request for an advance deposit hardship waiver form, available from the City Clerk within fifteen (15) calendar days from the date of service of the notice of violation or citation. The Director of Finance, with the concurrence of the City Manager, shall be authorized to establish a reasonable policy, including criteria, for
determining financial ability to pay the applicable fine and hearing or appeal fee.
The requirement of depositing the full amount of the fine, hearing fee, or appeal fee shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.
The Director of Finance may waive the requirement for
advance deposit only if the filer submits to the Director evidence that shows to the Director's reasonable satisfaction Ordinance No. 1715 Page 3
that such party is financially unable to deposit the total amount of the fine, hearing fee, or appeal fee, or Hearing Officer costs in advance of the hearing.
If the Director of Finance determines not to issue an advance deposit hardship waiver, the filer shall remit the fine, hearing fee, or appeal fee to the City within five (5) days of the date of that decision.
The Director of Finance shall provide his or her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the violator. The Director's decision shall be final.
SECTION 2. This Ordinance shall become effective 30 days after its adoption.
APPROVED AND ADOPTED this 20th day of July, 2021.
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Ordinance No. 1715 Page 4
• STATE OF CALIFORNIA)
COUNTY OF ORANGE SS.
CITY OF SAN CLEMENTE )
1, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1715 having been regularly introduced at the meeting of June 15, 2021 was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 20th day of July 2021, and said ordinance was adopted by the following vote:
AYES: DUNCAN, FERGUSON, JAMES, KNOBLOCK, MAYOR WARD
NOES: NONE
ABSENT: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San • Clemente, California, this Zrd day of AUGUST 2071
Approved as to form:
Coctice
City Attorney