Laserfiche WebLink
APPROVED AND <br /> FORWARDED <br /> CITY OF SAN LEANDRO TO CITY COUNCIL <br /> STAFF REPORT Stephen L. Hollister <br /> City Manager <br /> Date: March 21, 2011 <br /> To: Steve Hollister, City Manager <br /> From: Richard D. Pio Roda, Assistant City Attorney <br /> Subject: Clean-up Legislation Regarding Administrative Hearing Process <br /> Summar ' and Recommendation <br /> This report consists of a discussion and recommendation to approve text amendments to various <br /> San Leandro Municipal Code Sections in order to streamline and clarify the Administrative <br /> Hearing process. <br /> Background <br /> Presently, the San Leandro Municipal Code (SLMC) states that the Board of Zoning <br /> Adjustments (BZA) is the hearing body that presides over any appeals regarding notices of <br /> violations. Staff, with the City Attorney's Office's assistance, reviewed the entire SLMC, and <br /> determined that text changes are recommended in order to establish a more consistent schedule <br /> for appeals hearings and more efficient administrative appeals process. Staff recommends <br /> having any appeals pertaining to notices of violations (except for notices issued for zoning code <br /> violations) be heard by the Administrative Hearing Body, rather than the BZA. In addition, there <br /> are a few other administrative hearings within the SLMC that should also be heard by the <br /> Administrative Hearing Body. This proposed ordinance seeks to give the Administrative <br /> Hearing Body jurisdiction over administrative hearings, where appropriate. Additionally, this <br /> proposed ordinance makes some administrative text amendments to provide more clarity for <br /> administrative hearings. <br /> Discussion <br /> The proposed text changes are summarized below: <br /> • Amends Section 1 -3 -300 of Chapter 1 -3 in order to identify the Board of Appeals as the <br /> Administrative Hearing Body. <br /> • Deletes Chapter 1 -9 in its entirety, which establishes an appeals procedure. Appeals that <br /> were heard pursuant to Chapter 1 -9 would now be heard pursuant to Article 4 of Chapter <br /> 1 -12. <br /> • Transfers responsibility to hear notice of violation appeals from the BZA to the <br /> Administrative Hearing Body. <br />