8E Consent 2011 0321 - Laserfiche WebLink

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• Makes the City Clerk the office that receives requests for hearings and also responsible for setting the hearing date. • Defines "Administrative Hearing Body" within Chapter 1 -12 to mean 3 City department manager level employees designated by the City Manager "to hear and decide upon together" appeals. • Changes all references to "Hearing Body" within Chapter 1 -12 to "Administrative Hearing Body." • Establishes a mid -level review process where all Administrative Hearing Body decisions must first be appealed and reviewed by the City Manager before judicial review can occur. • Amends section 2-4 -256 to make the correct reference to refund procedure within the Utility Transfer Tax Appeals section. • Amends Chapter 3 -2 (Weed Abatement) to have appeals be heard by the Administrative Hearing Body pursuant to the Chapter 1 -12 procedures. • Eliminates the Charitable Solicitations Appeals Board and requires Charitable Solicitation appeals to be heard by the Administrative Hearing Body pursuant to Chapter 1 -12 procedures. • Establishes that appeals of administrative decisions related to the matters below are heard by the Administrative Hearing Body pursuant to Chapter 1 -12 procedures: o noise abatement o massage and acupuncture permits o mechanical or electronic amusement device licenses o adult oriented business permits o taxicab permits Fiscal Impact: It is anticipated that the fiscal impact of this legislation will reduce costs attributable to staff and attorney time spent at evening BZA hearings. There may be additional City Attorney time spent advising staff, and separately, advising the Administrative Hearing Body before, during and after hearings and during issuance of the Administrative Order. However, it is anticipated that a fee update will accrue to provide for recovey of some these costs from appeals applicants. Total fiscal impact of the proposed changes during inception would be nominal at most, and as staff becomes more efficient and familiar with the process could be a cost savings. Attachments Draft Ordinance Appeals Jurisdiction Matrix Conclusion The adoption of these text amendments will place appeals of notices of violations with the Administrative Hearing Body, which will make the appeals process more efficient for staff and residents alike without sacrificing legal due process. The additional text amendments will correct some internal SLMC inconsistencies. 1611532.1