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Ord 2004-015
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Ord 2004-015
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11/5/2007 11:21:13 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
9/7/2004
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filed the claim may bring such a suit and if another person should do so, judgment shall <br />not be rendered for the plaintiff. <br />SEC. 2-16-270 Administrative Agreements. <br />The Finance Director may make administrative agreements with service suppliers <br />to vary the strict requirements of this Chapter so that collection of any fee imposed herein <br />maybe made in conformance with the billing procedures of a particular service supplier <br />so long as the overall result of said agreements results in billing of the fee in conformance <br />with the general purpose and scope of this Chapter. A copy of each agreement shall be on <br />file and available for public examination in the Finance Director's office, except that <br />portions of such agreements that maybe designated as proprietary and confidential by the <br />service supplier shall be excluded from the public records maintained by the Finance <br />Director's office, and shall be subject to a duty of confidentiality and non-disclosure by <br />those representatives of the City of San Leandro who may have a need to review and <br />obtain knowledge of those portions of said agreements designated proprietary and <br />confidential. <br />SEC. 2-16-275 Appeals of Decision of the Finance Director. <br />A. Who May Appeal Any person aggrieved by any decision of the Finance <br />Director regarding the amount of fee or penalty owed or the duty or obligation to collect, <br />report or pay a fee pursuant to this Chapter may appeal the decision of the Finance <br />Director by filing a notice of appeal with the City Clerk within fifteen days of the serving <br />or mailing of such decision. The notice of appeal shall set forth in writing the grounds for <br />the appeal and shall be accompanied by an appeal fee in an amount established by <br />resolution of the City Council and shall state the grounds for the appeal. Once a notice of <br />appeal is received, the Finance Director shall request the City Manager to appoint a <br />Hearing Officer and to schedule a day, time, and place for the hearing. The City Manager <br />or a delegee of the City Manager shall provide written notice of the time and place of the <br />hearing, and shall mail such notice to Appellant at least ten calendar days prior to the date <br />of the hearing. The form and substance of the notice shall be in accordance with the rules <br />and policies promulgated by the City Manager. At the hearing, the Appellant bears the <br />burdens of production and persuasion to establish the factual and legal issues upon which <br />the appeal is based. <br />B. Hearin . A hearing to consider the appeal shall follow those procedures <br />required to afford the appellant full due process of law. The Hearing Officer shall, at the <br />conclusion of the hearing, make fmdings of fact based upon the evidence submitted and <br />determine whether grounds exist for denial of the appeal or for adjustment of amounts <br />owed. The person appealing shall be notified of the Hearing Officer's decision in writing. <br />The Hearing Officer's decision shall be fmal. Any Appellant who requests a hearing and <br />who fails to appear at the hearing is deemed to waive the right to a hearing and the <br />ORDINANCE NO. 2004-015 14 <br />
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