Chapter 1.09
DELEGATION OF AUTHORITY TO CONDUCT COLLECTION AND LIEN PUBLIC HEARINGS
Sections:
1.09.040 Hearing procedures and guidelines.
1.09.070 Appeals Hearing Board.
1.09.010 Designated body.
“Designated body” means the board, commission or other administrative entity of the City to which the City Council has delegated the authority to set, notice and conduct certain public hearings and make certain related findings and orders pursuant to this chapter. (Ord. CCO-20-04 § 1, 2020)
1.09.020 Director.
“Director” means the director of the department that performed an abatement, enforcement action, service or other work for which fees, charges, costs, expenses, penalties or other sums of money are owed to the City. (Ord. CCO-20-04 § 1, 2020)
1.09.030 Delegation.
The City Council may, by resolution, delegate to a designated body the authority:
(A) To set, notice and conduct any public hearing required or allowed pursuant to this code to contest fees, charges, costs, expenses, penalties or other sums of money owed to the City; and
(B) To order the imposition of a lien, assessment, special collection or other collection process against a responsible party and any affected property, as appropriate, for the payment of fees, charges, costs, expenses, penalties or other sums of money owed to the City. (Ord. CCO-20-04 § 1, 2020)
1.09.040 Hearing procedures and guidelines.
(A) The designated body shall hold and conduct a public hearing at the time, date, and place set forth in the notice applicable to that public hearing.
(B) The designated body shall hear and consider only testimony and other evidence that is relevant to the calculation of the amounts owed or to the proposed imposition of a lien, assessment, special collection or other collection process against a responsible party or an affected property, including, without limitation:
(1) The report of the director; and
(2) Objections or protests of property owners or other responsible or interested persons who may be held liable for the amounts owed or whose property may be assessed or liened for the amounts owed; and
(3) Evidence on whether all procedures to be followed and notices or invoices to be issued by the City in a particular matter were properly followed and issued, respectively; and
(4) Evidence on whether the abatement, enforcement action, service or other work performed by or on behalf of the City was performed; and
(5) Evidence on whether the person before the designated body is responsible for the amounts owed to the City.
(C) The designated body shall set, notice, hold and conduct a public hearing in accordance with the provisions of this code that are applicable to that public hearing and all other applicable laws, rules and regulations.
(D) The public hearing before the designated body shall not provide persons who previously have been duly determined to be responsible for amounts owed to the City by the Appeals Hearing Board or City Council, a person or persons charged with making that determination, or a court of competent jurisdiction, with a rehearing of that decision. (Ord. CCO-20-04 § 1, 2020)
1.09.050 Written decision.
(A) After the conclusion of the public hearing, the designated body shall adopt a written resolution of decision confirming, correcting, revising, modifying, discharging or rejecting the report of the director on the amount to be collected from a responsible party or the amount to be liened, assessed or specially collected against property of a responsible party.
(B) The decision of the designated body shall be based upon a preponderance of the evidence presented to the designated body.
(C) The resolution of decision shall set forth findings of the relevant facts and conclusions that support the decision of the designated body, including, without limitation and as appropriate:
(1) A description of the abatement, enforcement action, service or other work performed by or on behalf of the City for which amount(s) are owed to the City; and
(2) A description of the amount(s) owed to the City; and
(3) The person responsible for the amount(s) owed to the City; and
(4) A description of the affected real property, if any.
(D) Whenever required by this code or otherwise appropriate, the resolution of decision shall contain a direction or order to the City Clerk, the Director of Finance or other appropriate City official to file or record a notice of lien, assessment, special collection or other appropriate document(s) with the appropriate office of the County of Siskiyou. (Ord. CCO-20-04 § 1, 2020)
1.09.060 Force and effect.
(A) The resolution of decision of the designated body on the director’s report and all protests or objections relating to that report shall be the final decision of the City.
(B) The report of the director, as confirmed or revised by the designated body, shall be deemed duly confirmed for the purpose of filing a lien, assessment, or special collection with the County of Siskiyou pursuant to this code and for the purpose of pursuing any other collection or enforcement action to obtain payment of the amounts owed to the City.
(C) A resolution of decision of the designated body confirming the report of the director shall have the same force and effect as a resolution of the City Council for the purpose of filing a lien, assessment, or special collection with the County of Siskiyou pursuant to this code and for the purpose of pursuing any other collection or enforcement action to obtain payment of the amounts owed to the City. (Ord. CCO-20-04 § 1, 2020)
1.09.070 Appeals Hearing Board.
Unless otherwise specified elsewhere in this code or by other ordinance by the City Council, the Appeals Hearing Board is the designated body and is hereby delegated the authority to set, notice and conduct public hearings required or allowed pursuant to this code to contest fees, charges, costs, expenses, penalties or other sums of money owed to the City and to order the imposition of a lien, assessment, special collection or other collection process against a responsible party and any affected property, as appropriate. (Ord. CCO-20-04 § 1, 2020)