The URL can be used to link to this page

Home My WebLink AboutNS-2165 - To Allow the City to Expedite Administrative Appeals and Applications for Hearings Before the City Council by Authorizing the Appointment of a Hearing Officer by the Clerk of the CouncilORDINANCE NO. NS-2165 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 3-2, 3-3, 3-4, 3-7, 3-8 3-11 AND REPEALING 3-3.1 TO ALLOW THE CITY TO EXPEDITE ADMINISTRATIVE APPEALS AND APPLICATIONS FOR HEARINGS BEFORE THE CITY COUNCIL BY AUTHORIZING THE APPOINTMENT OF A HEARING OFFICER BY THE CLERK OF THE COUNCIL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 3-2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 3-2. Request for hearing. (1) Initial application to council. Whenever an applicant is entitled by this Code to apply directly to the city council for initial determination of a matter, he shall submit his application in writing to the clerk of the council. The clerk shall determine that the application is in complete and correct form and may refer it to any appropriate city department for advice and assistance in making such determination. Thereafter, the clerk shall appoint a hearing officer to consider applications in specific types of matters and fix a time and place for a hearing to be held not less than five (5) nor more than sixty (60) days after receipt of the application. The clerk shall notify the applicant by mail at the address provided by the applicant of the date on which the matter will be heard. The hearing officer may, but need not be a city employee. The clerk shall assume responsibility for such publication of notice of the hearing as may be required by law. If a hearing officer is appointed, the hearing shall be conducted in accordance with sections 3-4 through 3-10 of this Code. If any provision of law requires that public notice of the hearing be given, the clerk shall cause such notice to be given so that the hearing may be scheduled within the time required by this section. (2) Appeal to council from action of city official, board or commission. Whenever an applicant is entitled under this Code or any other provision of law to appeal to the council from an adverse determination in a matter made by a city official, board or commission and desires to so appeal, he shall, within ten (10) days after he has been notified of that determination, submit a notice of appeal to the clerk of the council and a copy thereof to the person or the chairman of the body whose decision is being appealed. 284 ORDINANCE NS-2165 Page 2 The notice of appeal shall be addressed to the council and shall specify the subject matter of the appeal, the official or body whose decision is appealed, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the council and the name and address of the appellant. Thereafter, the clerk shall appoint a hearing officer to consider appeals in specific types of matters and fix a time and place for a hearing to be held not less than five (5) nor more than sixty (60) days after receipt of the appeal. The clerk shall notify the appellant by mail at the address provided by the appellant of the date on which the matter will be heard. The hearing officer may, but need not be a city employee. The clerk shall assume responsibility for such publication of notice of the hearing as may be required by law. If a hearing officer is appointed, the hearing shall be conducted in accordance with sections 3-4 through 3-10 of this Code. SECTION 2: That section 3-3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 3-3. Administrative Fee. By resolution, the council may require the payment of a fee to cover the administrative costs incurred by the Clerk of the Council in carrying out the provisions of this chapter. SECTION 3: That section 3-3.1 of the Santa Ana Municipal Code is hereby repealed. SECTION 4: That section 3-4 of the Santa Ana Municipal Code is hereby amended to read as follows: 3-4. General powers of the hearing officer. A hearing officer appointed pursuant to section 3-2 may receive and rule on the admissibility of any evidence, hear testimony under oath, and call witnesses as he may deem advisable with respect to the conduct of hearings. SECTION 5: That section 3-7 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 3-7. Report of the hearing officer. The hearing officer shall within a reasonable time not to exceed thirty (30) days from the date the hearing is closed submit a written report to the clerk of the council. Such report shall contain a brief summary of the evidence ORDINANCE NS-2165 Page ~ ~8 5 considered and state the hearing officer's findings, conclusions and recommendations. The report shall also contain a proposed decision in the matter. All such reports filed with the clerk shall be matters of public record. A copy of each such report of proposed decision shall be mailed by certified mail to the applicant/appellant within five (5) days of receipt by the clerk and a further copy shall be sent to the city department, board or commission most directly concerned with the subject of the report. SECTION 6: That section 3-8 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 3-8. Consideration of hearing officer's report by council notice. The clerk of the council shall place the hearing officer's report on the agenda for the next regular meeting which occurs not less than ten (10) days after the report is mailed and shall notify the applicant/appe}lant of the date of such meeting at least ten (10) days prior to the meeting unless the applicant/appellant stipulates to a shorter notice period. SECTION 7: That section 3-11 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 3-11. Hearings to which this chapter shall not apply. The provisions of this chapter shall not apply to: (1) Hearings to consider the master plan or the general plan. (2) Hearing to determine whether public convenience and necessity require acquisition of property for public use. (3) Hearings to consider parcel maps. (4) Hearings to review or consider on appeal any action of the planning commission or zoning administrator. SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 0RD NANC . Page 4 SECTION 9: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effeCtiVe"date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ATTEST: U&nice C. duy of tho coun / l 6th da~f~ July 1,992. COUNCILMEMBERS Young Aye Pulido Aye Acosta Griset McGuigan Abstained Norton Richardson Ay~ APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~-~7/~ to be the original ordinance adopted by the city Council of the City of Santa Ana on ~--~ ; and that said ordinance was published in accordance with the Charter of the city of Santa Ana. Clerk of the Couhtfil, Date city of Santa Ana