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8C Consent 2014 1117
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8C Consent 2014 1117
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Last modified
11/20/2014 11:14:05 AM
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11/13/2014 10:50:03 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/17/2014
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_CC Agenda 2014 1117 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1117
Ord 2014-022
(Reference)
Path:
\City Clerk\City Council\Ordinances\2014
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File Number: 14-457 <br />which reasonable persons are accustomed to rely on in the conduct of serious affairs, <br />regardless of the existence of any common law or statutory rule which might make improper <br />the admission of such evidence over objection in civil actions in courts of competent <br />jurisdiction in this State. Oral evidence shall be taken only on oath or affirmation. Irrelevant <br />and unduly repetitious evidence shall be excluded. At the time stated in the complaint, the <br />City Manager shall hear and consider all relevant evidence, objections or protests, and shall <br />receive testimony under oath relative to the acts or failures to act that constitute a basis for <br />liability. If the City Manager finds that there is sufficient cause to find liability, the City <br />Manager shall prepare findings and an order, which shall specify the nature of the violation <br />and the amount of the proposed civil liability. <br />3-18-215 ADMINISTRATIVE ORDER APPEAL PROCESS. <br />The owner, occupant or responsible party (Respondent) subject to an Administrative <br />Order proceeding may appeal the City Manager's findings and order to the City Council by <br />filing an appeal with the City Clerk within ten (10) calendar days of the date of service of the <br />City Manager's decision. The appeal shall contain: <br />(a) A specific identification of the alleged basis for liability; <br />(b) The names and addresses of all appellants; <br />(c) A statement of appellant's legal interest in the proceedings; <br />(d) A statement in ordinary and concise language of the specific order or action <br />protested and the grounds for appeal, together with all material facts in support thereof; <br />(e) The date and signatures of all appellants; <br />(f) The verification of at least one appellant as to the truth of the matters stated in the <br />appeal. <br />As soon as practicable after receiving the appeal, the City Clerk shall set a date for the_ <br />City Council to hear the appeal which date shall not be less than ten (10) calendar days nor <br />more than sixty (60) calendar days from the date the appeal was filed. The City Clerk shall <br />give each appellant written notice of the time and place of the hearing at least five (5) <br />calendar days prior to the date of the hearing, either by causing a copy of such notice to be <br />delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed <br />to the appellant at the address shown on the appeal. Continuances of the hearing may be <br />granted by the City Council on request of the Respondent for good cause shown, or on the <br />City Council's own motion. <br />Upon the conclusion of the hearing, the City Council shall determine whether any civil <br />liability exists and the amount of the liability. If the City Council so finds, the City Council shall <br />adopt a resolution setting forth its findings and ordering the payment of the civil penalty. The <br />decision and order of the City Council shall be final. <br />3-18-220 WAIVER OF HEARING ON ADMINISTRATIVE ORDER. <br />The responding party in an administrative order proceeding may waive the right to a <br />hearing. If the party waives the right to a hearing, the administering age 4G„ City shall issue an <br />order setting liability in the amount proposed in the complaint unless the adminictoriRg anon^„ <br />City and the party have entered into a settlement agreement, in which case the <br />admiRisteFiRg- <br />age+�y-_City shall issue an order setting liability in the amount specified in the settlement <br />agreement. Where the party has waived the right to a hearing or where the administerinry <br />agery-City and the party have entered into a settlement agreement, the order shall not be <br />subject to review by any court or agency. <br />City of San Leandro Page 7 Printed on 11113/2014 <br />
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