Agenda ltem 9B
AN cL
Approvals:
CITY AGENDA REPORT City Manager Es 18
Dept. Headst for CGD
CALIFORNIA SAN CLEMENTE CITY COUNCIL MEETING Attorney
Meeting Date: June 15, 2021 Finance
Department: City Attorney
Community Development Department
Prepared By: Scott C. Smith, City Attorney
Cecilia Gallardo-Daly, Community Development Director
Subject: CONSIDERATION OF AN ORDINANCE AMENDING SAN CLEMENTE MUNICIPAL CODE CHAPTER 1.22 TO SET A FIXED FEE FOR APPEALS AND ADMINISTRATIVE HEARINGS Fiscal Impact: The fiscal impact of this amendment is dependent upon the appeal hearing fee cost. At this time, the cost for all unsuccessful appeals is covered by the appeal hearing fees charged to the appellants. Any set appeal hearing fee that does not cover the cost of some or all hearings will have a negative impact on the City's finances, as those currently unbudgeted costs will then be paid for by the general fund.
Jackground: In 2018, the City Council amended Chapter 1.22 of the San Clemente Municipal Code ("SCMC") to authorize full recovery of costs of administrative hearings and appeals from individuals seeking those hearings and appeals ("appellants") when their appeals are unsuccessful. At its meeting on June 1, 2021, the City Council asked that staff prepare and present an ordinance repealing that full cost recovery and providing instead for a fixed fee.
Discussion: The current version of SCMC Chapter 1.22 contains basic provisions relating to fees for administrative hearings and appeals ("appeals"). Sections 1.22.010 through 1.22.030 provide for payment of the costs of unsuccessful appeals from unsuccessful appellants rather than coverage of them by the general fund. At its June 1, 2021 meeting, the City Council asked staff to return with (1) an ordinance amending Chapter 1.22 to provide instead that appeals be subject to a fixed fee, which would be recoverable by successful appellants, with the inclusion of a provision to allow a hardship waiver, and information on a fixed fee amount.
The attached draft Ordinance eliminates the full cost recovery provisions of Chapter 1.22 and provides instead for an appeal fee for unsuccessful appeals as set by resolution of the City Council. (The provisions of Section 1.22.040 providing for fee refunds from unsuccessful appellants are now consolidated into Section 1.22.020.) If Council were to introduce this draft Ordinance for first reading, it could simultaneously give instruction of what, if any appeals fee should follow. Staff could then prepare and notice a resolution adopting an appeals fee for subsequent Council consideration. The fee could be set to take effect concurrently with the effective date of the Ordinance. The remainder of City Council Agenda Report
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Agenda Report Page 2
Chapter 1.22 would remain intact. The current information related to fees is based on the actual amount of fees collected for the cost of the appeal hearings held.
Appeal Hearing Fee Collected
Highest appeal hearing fee collected $3,597.27
Lowest appeal hearing fee collected $1,614.37
Average of hearing fees collected $2,501.85
Appeals tend to involve complicated cases that require additional staff time for the preparation of the report and supporting documentation. In addition, the hearing may take up to a full day of staff and the Administrative Hearing Officer's time. Prior to the appeal hearing fee, the cost of the Administrative Hearing Officer was covered by the General Fund. The last budgeted amount for the hearings to cover the cost of the Administrative Hearing Officer was $10,000. The consideration of a flat fee for an appeal hearing in the amount of $250 to $500 per appeal would likely not be cost recoverable. In comparison, the fee to appeal a Planning Permit by a hearing body is a flat fee of $1,250.99.
Recommended
Actions: STAFF RECOMMENDS THat the City Council:
1. Consider introducing for first reading an Ordinance entitled:
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
2. Give staff direction on the possibility of bringing back a resolution establishing an appeals fee pursuant to this Ordinance.
Attachments: 1) Proposed Ordinance
2) Agenda Report from June 1, 2021
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ATTACHMENT 1
ORDINANCE NO..
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 suct 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 (additions shown in underline and deletions shown in strikethrough):
"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 Code.
The provisions of this chapter ensure that the City is not unduly burdened by the cost to defend unsuccessful, and often frivolous, appeals of the City's administrative remedies, including those imposed in order to protect the public from dangerous buildings and structures, nuisances, and to enhance established residential neighborhoods, commercial, industrial and public districts, open space and recreational amenities.
1.22.020 - Hearing Fee.
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 6-15-21 / 9B-3
requesting the hearing or appeal shall pay a hearing fee, which may be established by City Council resolution, except where which shal be refunded if the person so requesting the hearing or appeal prevails in the hearing or appeal, as set forth in subdivision B below.
Any hearing fee shall not exceed the actual costs to the City of conducting the hearing, including, but not limited to staff time te notice the hearing and prepare an analysis of the matter which is the subject of the hearing or appeal, the preparation of any records of documents used in the hearing, including the formal documents upholding or denying the administrative hearing or administrative appeal, attendance at the hearing or appeal by City staff, consultants, and attorneys, and the full fees and costs of the hearing efficer retained by the City to conduct the administrative hearing of administrative appeal.
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 overtured or reversed in its entirety.
1. 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.
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 W/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, , which shall be based on City Staffs estimate of the costs of the hearing of appeal and complexity of the hearing at the time of the filing of the request for hearing or notice of appeal. 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. 6-15-21 / 9B-4
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.
3. 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 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.
4. 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.
B. -Actual cost of hearing exceeds estimate.
1. In the event that the actual hearing fee is more than the deposit paid, and the person requesting the hearing or appeal does not prevail or is successful in modifying only a portion of the City's action or decision, the additional costs, if any, shall become a debt owed to the City by the appellant, and such additional costs shall be due and payable to the City upon the Issuance of a decision by the hearing officer denying the offender's appeal, if no judicial review is sought within the time limits specified in Section 1.20.080; or at such time as a court (
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of proper jurisdiction finds for the City on a judicial review of an administrative order.
2. Payment of any additional costs owed to the City is delinquent 30 days after the costs become due and payable. Delinquent costs shall-be treated as an account receivable by the City and shall be subject to the City's established policy for delinquent accounts receivable. Furthermore, the offender shall also be required to pay to the City its actual costs of collection.
C. -In the-ovent that the actual hearing fees are less than the deposit paid, and the person requesting the hearing or appeal does, not prevail or is successful in modifying only a portion of the City's action or decision, the City shall refund any excess costs to such person as set forth in Section 1.22.050 of this chapter:
1.22.040 - Refund of Fines and Hearing Fee to Prevailing Party.
A. In the event that the person requesting the administrative hearing of appeal prevails, the City shall refund the hearing fee, in its entirety, to such person within 15 working days of the date of the hearing decision.
B. In the event that the person requesting the administrative hearing of appeal is successful in modifying only a portion of the City's action or decision, the City shall refund one half of the hearing fee to such person within 15 working days of the date of the hearing decision." SECTION 2. This Ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED this _ day of _ -
ATTEST:
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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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. _having been regularly introduced at the meeting of 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 _day of. → and said ordinance was
adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this day of
CITY CLERK of the City of
San Clemente, California
Approved as to form:
City Attorney
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ATTACHMENT 2
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ADMINISTRATIVE HEARING FEE DEPOSIT REVIEW City Council Meeting June 1, 2021 ..srü. 7#-80R2N
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BACKGROUND
Ordinance 1655:
CALIFOR
• Requires appellants to submit hearing fee
deposit to cover cost of the appeal.
• Non-prevailing party pays hearing fees.
Successful appellants receive deposit back,
unless only partially successful, then both
parties pay 50% of hearing costs.
• Effective on June 14, 2018.
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APPEAL STATISTICS
• Since effective date, 22 appeals submitted that
required a hearing fee deposit.
• 21 appeals related to citations, 1 appealed a
business license revocation.
• Of the 22 appeals, 9 submitted deposits.
• Of the 9 deposits, only 3 hearings have been held
(1 currently scheduled).
• The remaining 5 appellants withdrew their
appeals or entered into a settlement after paying
the deposit.
FEE DEPOSIT STATISTICS
• The 22 appeal hearing fee deposits would have
CALIFOR
totaled $36,678.85, an average of $1,667.22 per
hearing.
• The total amount of the citations appealed is
$28,600.00, an average of $1,361.90 per appealed
citation.
• Total finalized hearing fees levied to date is
$3,908.29, for the two hearings held.
• 1 recent hearing's final fee is still being calculated (anticipated to be appx. $1600).
This Staff report from 2018 as provided as an historical reference from Council as it considers Agenda Item 9C
relating to possible repeal of Ordinance No: 1655 that
requires unsuccessful appellents to pay the hearing cost Agenda leim 9.A associated wilh Administrative Hearings Approvals:
AGENDA REPORT City Manager
Dept. Head
CALIF OR SAN CLEMENTE CITY COUNCIL MEETING
Altorhey
Meeting Date: May 1, 2018
Finance
Department: City Attorney
Prepared By: Scott Smith, City Attorney
Subject: ORDINANCE AMENDING MUNICIPAL CODE TO RECOVER COSTS OF ADMINISTRATIVE
HEARINGS AND APPEALS
Fiscal Impact: If adopted, together with a resolution establishing reasonable fees, the City will be able to recover the costs assoolated with conducting administrative hearings and appeals in those cases where the City prevails in the proceeding.
Summary: Staff recommends that the City Council a) Introduce the attached ordinance which authorizes the recovery of fees for administrative hearings and appeals, gives the City sole discretion to consolidate multiple administrative oltation challenges by the same person into one hearing, limits the number of times a hearing may be continued, and makes some minor corrections to the code relating to administrative citations, and b) direct staff to notice a public hearing pursuant to Goverment Code Sections 66016 and 66018 to adopt a resolution establishing reasonable hearing fees.
Background: The City Manager requested that an ordinance be prepared to allów the City to recover the costs associated with conducting administrative hearings and appeals in those cases where the City prevalls in the proceeding.
Discussion: Currently when the City conducts an administrative hearing or appeal, It bears the financial burden of processing and conducting these proceedings, including all staff time, materials and the fees and costs for a hearing officer, with the exception of hearings conduoted pursuant to Municipal Code section 8,60.020 relating to shopping carts. Since these proceedings are typically initiated by persons seeking review of an administrative decision or challenging the imposition of a fine, the cost of the proceedings should be borne by such persons, unless they prevail in the proceeding,
New Chapter 1,22 provides that any person seeking an administrative hearing or filing an appeal under any provision of the Municipal Code shall be required to pay the costs assoclated with the hearing, and deposit those costs with the request for hearing/notice of appeal, unless such person prevalls in the hearing/appeal. In the event that a person seeking the hearing or appeal prevails on some of the claims, it shall be responsible for only 1/2 of the costs.
In addition to the cost recovery provisions of new Chapter 1.22, the ordinance amends Municipal Code Section 1.20.080C to give the City sole discretion to Pk_dept Agenda Report 5-1-18 / 9A-1
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, Agonda Report Page 2
consolidate challenges to multiple administrative citatlons by the same person Into a single hearing, and limits the number of continuances that may be granted for administrative hearings and appeals, and make several other modifications in Chapter 1,20 to be consistent with the new provisions relating to cost recovery. The proposed ordinance aíso amends Section 1.20,080 relating to judicial review of administrative citations to correct a reference to the California Government Code and to update the address of the Orange County Superior Court where appeals from administrative cltation determinations are fled.
1 Lastly, In order to comply with Govemment Code Sections 66016 and 66018, it is recommended that the City Councll direct staff to provide notice for a public hearing to be held before the City Council to adopt, by resolution, the new fees for appeals, which will be on a time and materials recovery basis.
Recommended
Action: STAFF RECOMMENDS THAT the City Council a) introduce the attached ordinance which 1) adds a new Chapter 1.22 to the Muncipal Code relating to fees for administrative hearings and appeals and 2) amends Saction 1,20,090 relating to judicial review of administrative citations to correct a reference to the Government Code and update the address for the Orange County Superior Court, and b) direct staff to notice a public hearing pursuant to Government Code Sections 66016 and 66018 to establish. reasonable hearing fees.
Attachments: 1. ORDINANCE NO. _ i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING A NEW CHAPTER 1,22 TC TITLE 1 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO FEES FOR
ADMINISTRATIVE HEARINGS AND APPEALS AND AMENDING SECTIONS
1.20.080 AND 1.20.090 OF. CHAPTER 1.20 OF TITLE 1 OF THE MUNICIPAL CODE RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE CITATIONS.
Notification: Notice of fee to be published as noted above. 554520110030590906.
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ORDINANCE NO.
AN. ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN CLEMENTE, CALIFORNIA, ADDING A
NEW CHAPTER 1.22 TO TITLE 1 OF THE SAN
CLEMENTE MUNICIPAL CODE RELATING TO
FEES FOR ADMINISTRATIVE HEARINGS AND
APPEALS AND AMENDING SECTIONS 1.20.080.
AND 1.20.090 OF CHAPTER 1.20 OF TITLE 1 OF
THE MUNICIPAL CODE RELATING TO JUDICIAL
REVIEW OF ADMINISTRATIVE CITATIONS
WHEREAS, the City of San Clemente ("City") is authorized to conduct administrative hearings and appeals pursuant to varlous Chapters of the San Clemente Muncipal Code; and
WHEREAS, because the City has not established a fee for such administrative hearings, the City currently bears the burden of processing and conducting adminstrative hearings and appeals, which costs nolude, without limitation, 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 repord, and preparation of formal documents upholding or denying the administrative hearing or appeal; and
WHEREAS, administrative hearings and appeals are typically intiated by persons other than the City, and therefore, those persons should bear the costs to process and conduct administrative hearings and appeals in the event the hearing results in a decision upholding the City's determination; and WHEREAS, the current municipal code provislons relating to the judicial appeal of hearings heid to appeal administrative citations should be revised to correct the statutory reference to the California Government Code and to update the address for the Orange County Superor Court at which such judical appeals are to be fled.
NOW, THEREFORE, the City Couned of the City of San Clemente, California, hereby ordains as follows:
:
Clement art each per 2 ile a the unia Code of the city of San 5-1-18 / 9A-3
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Chapter 1,22 - FEES FOR ADMINISTRATIVE HEARINGS AND APPEALS
1.22,010 Purpose
The purpose of this Chapter is to establish a process for Imposing and collecting costs assoclated with administrative hearings and appeals authorzad by the San Clemente Municipal Code, The provisions of this chapter ensure that the Cily is not unduly burdened by the cost to defend unsuccessful, and often frivolous, appeals of the City's administrative remedies, Including those imposed in order to protect the public from dangerous bulldings and structures, nuisances, , and to enhance established residentlal neighbörhoods, commercial, industrial and public distriots, open space and recreational amenities.
1.22.020 Hearing Fee
A. Whenever an adminiatrative hearing or appeal is authorized under any provision of the Municipal Code, and except as ptherwise provided by this Municipal Code or state law, the person requesting the hearing or appeal shall pay a hearing fee, which may be established by City Council resolution, except where the person so requesting the hearing or appeal prevails in the hearing or appøal, as set forth In subdivision B below. Any hearing fee shall not exceed the actual costs to the City of conducting the hearing, including, but not limited to staff time to notice the hearing and prepare an analysis of the matter which is the subject of the hearing or appeal, the preparation of any records or documents used in the hearing, including the formal documents upholding or denying the administrative hearing or appeal, attendance at the hearing or appeal by City staff, consultants; and attomeys, and the fuil fees and costs of the hearing officer retained by the City to conduct the administrative hearing or appeal.
As used in this section, the term "prevall" shall mean the decision or action of the City for which the hearing or appeal is requested is overtumed or reversed in its entirety.
1. 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 (1/2) of the hearing fees.
2. If challenges to multiple administrative oltations
consolidated into one hearing pursuant to Section 1.20.080G, and the person requesting the hearing Is successful on one or more, but not al citations, then the person requesting the hearing shall pay one-half (1/2) of the hearing fees.
1.22,030 Deposit of Hearing Fee
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A. Within ten (10) working days of the recept of a request for a hearing or appeal, the City shall notify the person requesting the hearing or appeal of the hearing fee, which shall be based on City Staffs estimate of the costs of the hearing or appeal and complexity of the hearing at the time of the fling of the request for hearing of notice of appeal. The person requesting the hearing or appeal shall deposit the estimated hearing fee with the City Clerk no later than fifteen (15) business days from the date of the City's notle of the : hearing fee. If such hearing fee is not deposted by such time, the right to the hearing or appeal shall be deemed waived,
B. Actual cost of hearing exceeds estimate,
In the event that the actual hearing fee is more than the deposit paid, and the person requesting the hearing or appeal does not prevall or is suocessful in modifying only a portion of the City's action or decision, the additional costs, If any, shall become a debt owed to the City by the appellant, and such additional costs shall be due and payable to the City upon the issuance of a deolsion by the hearing officer denying the offender's appeal, If no Judicial review is sought within the time limits speoffled in Section 1.20.080; or at such time as a court of proper jurisdiction finds for the City on a fudicial review of an administrative order.
Delinquent costs shall be treated as an account receivable by the City and shall be subject to the City's established policy for delinquent accounts receivable. Furthermors, the offender shal: also be required to pay to the City its actual costs of collection.
In the event that the actual hearing fees are less than the deposit paid, and the person requesting the hearing or appeal does not prevalt or is successful in modifying only e portion of the City's action or decislon, the City shall refund any exoses costs to such person as set forth in Section 1.22.050 af this Chaptar.
1:22.040 Refund of fines and hearing fee to prevalling party In the event that the person requesting the administrative hearing or appeal prevalts, the City shall refund the hearing fee, in Its entirety, to such person within fifteen (15) bueiness days of the date of the hearing decision.
B.. In the event that the person requesting the administrative hearing ..... or appeal le successful in modifying only a portion of the City's action or decision, the City shall refund one-half (1/2) of the hearing fee to such person within fifteen (15) business days of the date of the hearing decision. 5-1-18/9A-5
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Section 2: Section 1.20.040.B.7, of Chapter 1.20 of Title 1 of the Munkcipal Code is hereby amended in its entrety to read as follows:
Explain the procedura for obtainlng an administrative hearing, specifloally, notice that the appellant must make a writton request within ten (10) working days from the date the administrative citation is Issued, pay the applicable hearing fee, and that the appellant will be notified by mail of the date of the hearing: and Secton 3: Section 1.20.070.D of Chapter 1.20 of Title 1 of the Municipal Code is hereby amended In Its entirety to read as follows:
D. No Waiver, Under no circumstanoes shall the payment of the administrative fine constitute a waiver of the offender's right to a hearing.
Therefore, an offender ray pay the administrative fine within the ten (10) working day period and also oblain a hearing to protest the impostion of the administrative fine, provided that the offender makes a timely request for a hearing and timely deposits the required hearing fee, as described in Section
1.22.030.
Section 4: Section 1.20.080C of Chapter 1.20 of Title 1 of the Munlopal Code is hereby amended in its entirety to read as follows.
C. Notifloation of Hearing.. At least ten (10) working-days prior to the date of the hearng, the City shali, by registered or certifled mail or personal service, give notice to the person requesting the administrative hearing or appeal of the time, date, and location of the hearing. In the event a person seeks to challenge multiple citations, the City, in its sole discretion, may consolidate all such citation challenges into a single hearing.
Section 5: Section 1.20.080.G. of Chapter 1.20 of Title 1 of the Municipal Code is hereby amended in its entirety to read as follows:
G, Fallure to Attend Administrative Hearing.
1. Waiver of Right to Hearing; Fine and Hearing Fee Immediately Due and Payable, The appellant's fallure to appear at & hearing shall constitute a waiver of the right to a hearing, a forfelture of the hearing fee deposit, as well as a waiver of a right to judicial review of the Imposition of the administrative fine pursuant to Section 1.20.090. An appellant's fallure to appear at the hearing shall be presumed an admission of guilt to the municipal code violation charges as indicated on the administrative citation. The administrative fine applicable to the administrative citation, and additional hearing fees, If any, shall be immediately due and payable unless an extension is granted pursuant to subseotion 2: of this Section 1.20.080.
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Hearing Officer may excuse the appellant's failure to appear at the hearing and reschedule the hearing. Under no oircumstances shall the hearing be rescheduled more than one (1) time; provided, however, that if, after the first rescheduled hearing, the appallant pays a deposit in the amount of the rescheduled one (1) additional time, Nothing In this subsection shall be interpreted to mean the appellant is excused from the requirement of paying the administrative fine, hearing fee or fees, or appeating at a hearing.
Secton 6: Section 1.20.080 of Chapter 1.20 of Title 1 of the Municipal Code is hereby amended by adding a new subdivision H to read as follows:
H. Continuance of Hearing.
Any person requesting an administrative hearing or appeal may request a continuance of his/her hearing date, provided, however, that the person requesting the appeal shall be responsible for hearing officer and City staff, consultant and attomey's expenses, if any, incurred as a result of the continuance.
2.. No mare than two (2) continuances of an administrative hearing or appeal shall be granted, unless the City approves a further continuance for good cause, which shall be determined In the sole discretion of the City Manager or his designee. Any, person who feils to appear at a hearing, as described in Section
1.20.080G, shall not be entitled to a continuance as provided herein; such person's relief, if any, from fallure to appear shall be limited to the provisions set forth in Section 1.20.080G.2.
The City Manager; or his designee, shall have the sole discretion to waive the payment of hearing officer and/or staff expenses Incurred by the City as the result of a continued administrative hearing or appeal, in the event the continuance is the result of exigent circumstances, including, but not limited to illness or other unforeseen circumstance.
Sectlon Z: Section 1.20.09D of Chapter 1.20 of Title 1 of the Municipal Code is hereby amended in its entirety to read as follows:
If an administrative order is rendered in favor of the City, the offender may seek judicial review of the administrativa order by doing one of the following:
Appeal the administrative order pursuant to Government Code Section 53069,4 within twenty (20) calendar days after servica of the administrative order. Such an appeal shall be made by filing a notice of appeal with the Clerk of the Civil Division of. the Orange County Superior Court, Central Justice Center located at 700 Civic Center Drive West, Santa Ana, CA, 92701 along with applicable filing fees and a copy of the 5-1-18 / 9A-7
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administrative order. The appealing party shall also serve a copy of the notice of appeal on the City of San Cemente at that time by delivering the same in person or malling the same by first class mail, postage pre-pald, return receipt requested to; San Clemente City Clerk, 910 Calle Negocio; San Clemente, California 92673. If no appeal notice is filed within the twenty (20) calendar day period, the decision shali be deemed final; or B. Fle a petiton for a writ of mandate pursuant to Code of Civli Procedure Section 1094.5 within ninety (90) calendar days after service of the administrative order.
Section 8: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.
APPROVED AND ADOPTED fhis day of
ATTEST:
City Clerk of the Clty of Mayor of the City of San
San Clemente, California Clemente, California
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STATE OF GALIFORNIA
COUNTY OF ORANGE
CITY OF SAN CLEMENTE
1, JOANNE BAADE, City Clerk of the City of San Clemente, Califomia, hereby certify that Ordinance No. _ having been regularly introduced at the meeting of was again Introducad, the reading In full thereof
unanimously waived, and duly passed and adopted at a regular meeting of the City Counoil held, on the _day of _ , and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and afixed the offical seal of the City of San Clemente, Califomla, this day of
CITY CLERK of the City of
San Clemente, Califomia
APPROVED AS TO FORM:
CITY ATTORNEY
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