CHAPTER 1.08
APPEAL OF ADMINISTRATIVE DECISION
Section
1.08.010 Appeal of administrative decision and citation
1.08.020 Enforcement stayed during appeal
1.08.030 Procedure for a request for hearing – Appeal of an administrative citation
1.08.010 APPEAL OF ADMINISTRATIVE DECISION AND CITATION.
A. Any challenge to an administrative decision to revoke, suspend, limit or condition a right, activity, license or privilege, or from an administrative citation issued pursuant to Chapter 1.12, may be appealed by a responsible party in the administrative decision to revoke, suspend, limit or condition a right, activity, license or privilege pursuant to the procedures set forth in § 1.08.030. Any appeal hearing before a Hearing Officer or Hearing Body, except as may otherwise be provided in the Fort Bragg Municipal Code, shall be subject to, and conducted in accordance with, the Administrative Hearing Ordinance, codified in Chapter 1.06, as the same may be amended from time to time (referred to hereinafter in this chapter as “Administrative Hearing Ordinance”). This chapter shall not apply to actions, determinations, or decisions that are appealable to the California Coastal Commission pursuant to §§ 17.71.045, 17.92.040 and any other provision of the Coastal Land Use and Development Code.
B. Except for appeals to the Coastal Commission, all requests for an appeal hearing must be filed with the City Clerk within ten (10) days from the date of service of any determination, action or decision unless another provision of this code provides an alternate timeline for appeal.
C. Failure to timely submit a request for hearing of any administrative penalty or decision constitutes a waiver of the right to an administrative hearing and a failure to exhaust administrative remedies.
(Ord. 982, § 2, passed 10-11-2022)
1.08.020 ENFORCEMENT STAYED DURING APPEAL.
Enforcement of an administrative penalty, decision or order shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, unless the City obtains an order from a court of competent jurisdiction, based on a showing of good cause, requiring or authorizing the enforcement of such penalty, decision or order. Good cause may be shown by evidence indicating that a stay of enforcement (1) will result in harm to the City and/or to persons or property; (2) has burdens or consequences that outweigh the benefit(s) of the condition or activity that is the subject matter of the administrative penalty, decision or order; (3) will allow conditions or activities that are otherwise illegal or are in clear violation of a provision of law that the City is authorized to enforce; or (4) is contrary to the interests of justice. The foregoing examples of “good cause” are not intended to be exhaustive.
(Ord. 982, § 2, passed 10-11-2022)
1.08.030 PROCEDURE FOR A REQUEST FOR HEARING – APPEAL OF AN ADMINISTRATIVE CITATION.
A. Time to File an Appeal. Within ten (10) days from the date that an administrative decision is made or a penalty pursuant to Chapter 1.12 becomes due, any responsible party may contest any aspect of the administrative decision, citation or penalty imposed.
B. To appeal, the responsible party must give notice to the City Clerk before the time to appeal expires by either completing and returning a notice of appeal of citation form, or by providing a document, in writing, bearing the title “Appeal of Administrative Decision/Citation,” containing:
1. The name, address and phone number of the appellant who is the responsible party or a representative of the responsible party;
2. Sufficient information to identify the administrative decision and/or citation; and
3. The grounds on which the administrative decision and/or citation is being contested, including, but not limited to, denial that a violation occurred, denial that a violation was not corrected within the applicable correction period, denial that the responsible party is responsible for the violation, or denial that the circumstances warrant imposition of the fine(s) prescribed.
C. Every appeal received by the City pursuant to this section may be reviewed to determine if the appeal is complete, valid and timely. If the City determines that the request for appeal is not timely, or is based on grounds not authorized by this chapter, or is missing information required by this section, the request for appeal may be rejected by the City, and the City will notify the appellant of the same using the contact information provided in the appeal documents, or if no contact information was provided, using the address at which the administrative decision and/or citation at issue was delivered. The rejection of an appeal, which is determined to be incomplete, invalid or untimely, does not extend the time in which the appellant has to file its appeal.
D. The City Clerk, having received a complete, valid and timely appeal, shall set the time and place for hearing and shall serve a notice of hearing in a form and in the manner described in the Administrative Hearing Ordinance, Chapter 1.06. It shall be sufficient to provide notice to the appellant by using the address listed in the request for appeal.
E. An appeal hearing shall be set for a date not less than twenty (20) calendar days nor more than sixty (60) calendar days from the date the appeal is filed, unless the Hearing Officer or Hearing Body determines that the matter is urgent or that good cause exists for an extension of time, in which case the hearing date may be shortened or extended, as warranted by the circumstances.
F. At the place and time set forth in the notice of hearing, an appeal hearing shall be conducted according to the procedures described in the Administrative Hearing Ordinance. The failure of a responsible party, as that term is defined in the Administrative Hearing Ordinance, or of any other interested party, to appear at the hearing following proper notice shall constitute a waiver of the right to be heard and a failure by such party to exhaust his/her/its administrative remedies, as further set forth in § 1.06.120.
G. Within ten (10) calendar days following the conclusion of the hearing, the Hearing Officer or Hearing Body shall make a decision regarding the issues presented during the course of the hearing, and the decision shall be based on a preponderance of the evidence. The decision of the Hearing Officer can include whether or not to grant a hardship waiver, and whether or not the city is entitled to reimbursement for costs for the Hearing Officer’s services. After making a decision, the Hearing Officer or Hearing Body shall issue a written decision on the appeal. The decision of the Hearing Officer shall be final.
H. Any person who is aggrieved by a decision of a hearing shall have the right to seek judicial review of such decision in accordance with § 1.06.150.
(Ord. 982, § 2, passed 10-11-2022)