CHAPTER 1.08
APPEAL OF ADMINISTRATIVE DECISION

Section

1.08.010    Appeal of administrative decision

1.08.020    Enforcement stayed during appeal

1.08.030    Procedure for a request for hearing

1.08.010 APPEAL OF ADMINISTRATIVE DECISION.

A.    Any challenge to an administrative decision to revoke, suspend, limit or condition a right, activity, license or privilege, or from a determination, action or decision of any staff person, except as otherwise set provided in the Fort Bragg Municipal Code, shall be appealed to a Hearing Officer. 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 of the Fort Bragg Municipal Code, 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, a person requesting an appeal hearing must file a Request for Hearing with the City Clerk within fifteen (15) days from the date of service of any determination, action or decision.

C.    At the time of filing the Request for Hearing, the person or entity requesting the appeal hearing shall pay a processing fee as set forth in the City’s master fee schedule, as may be amended from time to time, and shall deposit the amount of any administrative penalty that has previously been imposed. No appeal hearing shall proceed without payment of the processing fee and deposit of the administrative penalty, if any, with the City Clerk at the time the Request for Hearing is filed; provided, however, that the City Manager may waive or defer the processing fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts and/or good faith efforts to address and remedy the subject matter of any administrative penalty or hearing.

D.    Failure to timely submit a Request for Hearing or to pay the appeal processing fee and advance deposit of any administrative penalty constitutes a waiver of the right to an administrative hearing and a failure to exhaust administrative remedies.

(Ord. 897 § 2, passed 11-14-2011)

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. 897 § 2, passed 11-14-2011)

1.08.030 PROCEDURE FOR A REQUEST FOR HEARING.

A.    When a Request for Hearing is filed, the City Clerk 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.

B.    An appeal hearing shall be set for a date not less than ten (10) days nor more than sixty (60) days from the date the Request for Hearing 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.

C.    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.

D.    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. After making a decision, the Hearing Officer or Hearing Body shall issue a written decision on the appeal.

E.    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 § 1.06.140 of the Administrative Hearing Ordinance.

(Ord. 897 § 2, passed 11-14-2011; Am. Ord. 906, § 3, passed 04-22-2013)