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8L Consent Calendar 2017 0619
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8L Consent Calendar 2017 0619
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/19/2017
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<br />for hearing form to the City Clerk’s Office, the person or entity requesting the appeals hearing shall pay an appeals processing fee established by the City Council. Failure to submit a <br />completed appeals form or to pay the appeals processing fee constitutes a waiver of the right to <br />appeal the notice of violation or penalty and a failure to exhaust administrative remedies. <br />Imposition of a penalty shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. <br /> (b) The hearing on appeal shall be set for a date not less than fifteen (15) days nor <br />more than sixty forty-five (4560) days from the date the request for hearing form is filed, unless, <br />in the case of appeals of notices of violation, the Enforcement Officer determines that the matter <br />is urgent or that good cause exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the circumstances. <br /> (c) A hearing set pursuant to an order in the notice of violation shall be set for a date <br />not less than fifteen (15) days nor more than sixty (60) days from the date the notice of violation <br />is served, unless the Enforcement Officer determines that the matter is urgent or that good cause <br />exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the circumstances. <br /> (cd) Any other hearing set pursuant to a request for hearing shall be set for a date not <br />less than fifteen (15) days nor more than sixty forty-five (4560) days from the date the request <br />for hearing was received by the City Clerk. <br /> (de) A hearing under authority of this section shall be conducted according to the procedures set forth in this subsection. The failure of any interested party to appear at the hearing <br />shall constitute a waiver of the right to such hearing and a failure by such party to exhaust their <br />administrative remedies. <br /> (1) When a request for hearing is filed, the City Clerk shall set the time and place for <br />hearing pursuant to subsection (bc) or (cd), and shall serve a notice of hearing by regular mail to the appellant at the address provided in the request for hearing form. The time for such hearing <br />shall be no sooner than ten (10) days from the date of said notice of hearing. <br /> (2) Where the time and place for a hearing has been set pursuant to an order in the <br />notice of violation, the time and place for hearing shall be as provided therein, and no further <br />notice of hearing shall be required. <br /> (23) At the place and time set forth in the notice of hearing,, or notice of violation, the <br />Administrative Hearing Body shall conduct a hearing on the issues subject to the appeal, the <br />alleged violations and/or the imposition and amount of any penalty. The Administrative Hearing <br />Body shall provide for any interested person or persons to appear and object to the determination <br />that is the subject of the appeal, including, but not limited to, whether a violation has occurred and/or that the violation continues to exist, or any matter pertaining to any penalty. The Administrative Hearing Body may consider any written or oral testimony and evidence regarding <br />the issue presented by the alleged appellant, the owner, any officer, employee, or agent of the <br />City, and any other interested party. <br />256
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