Chapter 5.97
SIDEWALK VENDING PROGRAM

Sections:

5.97.010    Purpose.

5.97.020    Definitions.

5.97.030    Permit Required.

5.97.040    Issuance of Permit.

5.97.050    Operating Conditions.

5.97.060    Prohibited Activities and Locations.

5.97.070    Penalties.

5.97.080    Appeals.

5.97.010 Purpose.

The purpose of this chapter is to establish a sidewalk vendor permitting and regulatory program that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety and welfare.

A.    The City Council hereby finds that, to promote the health, safety and welfare, restrictions on street vending are necessary to:

1.    Ensure no interference with:

a.    The performance of police, firefighter, lifeguard and emergency medical personnel services;

b.    The flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles;

2.    Provide reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services;

3.    Maximize public access to and along the coast; and

4.    Reduce exposure to the City for personal injury or property damage claims and litigation.

B.    The City Council hereby finds that the unique characteristics of the City require certain restrictions on sidewalk vending as follows:

1.    The Balboa Island Boardwalk is extremely narrow and has a high volume of pedestrians traveling in each direction. Restrictions on sidewalk vending are necessary to protect the public from injury given the Balboa Island Boardwalk’s popularity as a tourist destination;

2.    The Oceanfront Boardwalk is under twelve (12) feet in width in places and has a centerline, which provides for a high volume of pedestrians, bicyclists, and rollerskaters to travel in each direction. Restrictions on sidewalk vending are necessary to protect the public from injury given the Oceanfront Boardwalk’s popularity as a tourist destination;

3.    East Balboa Boulevard between Adams Street and A Street, Marine Avenue on Balboa Island, and East Coast Highway between Avocado Avenue and Hazel Drive are extremely popular tourist destinations with unusually high pedestrian and vehicular traffic volumes. Restrictions on sidewalk vending are necessary to protect the public from injury given the popularity of these tourist destinations;

4.    The Civic Center contains the City’s emergency operation center, the headquarters for the Fire Department, and other critical infrastructure. Restrictions on sidewalk vending are necessary to ensure that fire equipment is easily accessible and critical infrastructure is maintained and accessible at all times;

5.    Many of the City’s parks provide passive recreational opportunities and restrictions on sidewalk vending are necessary to protect the natural resources and recreational opportunities, as well as scenic and natural character of these parks;

6.    Restrictions on sidewalk vending at active parks is necessary to protect the health, safety and welfare of those persons engaged in active sports activities as well as spectators of sporting activities; and

7.    Many of the sidewalks and pathways in the City are under eight feet wide and sidewalk vending in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities. (Ord. 2018-19 § 3 (part), 2018)

5.97.020 Definitions.

A.    If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.

B.    As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise:

1.    “Alcohol” means an “alcoholic beverage” as defined in Section 20.70.020(A), or any successor section;

2.    “Balboa Island Boardwalk” means the pathway area that borders the water and Grand Canal on Balboa Island and Little Balboa Island;

3.    “Beach” means any public ocean front, or bay front beach within the City, including ocean or bay public piers, public floats, public wharves or public strands adjoining public ocean front or bay front beach areas;

4.    “Oceanfront Boardwalk” means the concrete walkway approximately twelve (12) to twenty-two (22) feet in width immediately adjacent to the sandy ocean beach (except where the beach has been improved with parking lots, parks or school playgrounds) and that runs from 36th Street to a point east of E Street. The Oceanfront Boardwalk is designated as West Ocean Front and East Ocean Front on the official City atlas;

5.    “Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter, or any successor chapter;

6.    “Civic Center” or “City Hall” means the building, facilities, and parking structure located at 100 Civic Center Drive, Newport Beach, California, 92660;

7.    “Fire station” means any facility where fire engines and other equipment of the City’s Fire Department are housed;

8.    “Food” means any item provided in Health and Safety Code Section 113781, or any successor section;

9.    “Heating element” means any device used to create heat for food preparation;

10.    “Lifeguard headquarters” means the lifeguard facilities located at the base of Newport Pier, alongside the Balboa Pier, and on Corona Del Mar State Beach;

11.    “Marijuana” means the substances defined in Section 10.70.020(A), or any successor section;

12.    “Merchandise” means any item(s) that can be sold and immediately obtained from a sidewalk vendor, which is not considered food. Items for rent shall not be considered merchandise;

13.    “Park” means the parks listed in City Council Policy B-1, Exhibit A, or any successor policy. The City has both active parks and passive parks:

a.    “Active parks” contain one or more sporting fields or actively encourage physical activity. The City’s active parks are listed as “community parks” and “neighborhood parks” in City Council Policy B-1, Exhibit A;

b.    “Passive parks” are typically less developed than an active park, but may contain features such as walking tracks, gardens, seating, barbecues, and picnic areas. They do not usually contain sports infrastructure or encourage strenuous physical activity, although they may contain playground equipment. The City’s passive parks are listed as “view parks” in City Council Policy B-1, Exhibit A;

14.    “Pathway” means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk;

15.    “Person” means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts Trust, business or common law trusts, societies, and individuals transacting and carrying on any business in the City;

16.    “Police station” means any facility where police vehicles and other equipment of the City’s Police Department are housed;

17.    “Public property” means all property owned or controlled by the City, including, but not limited to, buildings, alleys, beaches, boardwalks, parks, pathways, streets, parking lots, sidewalks, and walking trails;

18.    “Residential” means any area zoned exclusively as residential in Title 20 or 21 or is designated exclusively for residential use as part of a PC (Planned Community) Zoning District, Planned Community Development Plan, Planned Residential District, Specific Plan District, Specific Plan Area, or residential overlay district or their equivalent;

19.    “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction;

20.    “Sidewalk” means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity;

21.    “Sidewalk vending receptacle” or “sidewalk vendor receptacle” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for sidewalk vending activities;

22.    “Sidewalk vendor” or “vendor” means a person(s) who sells food or merchandise from a sidewalk vending receptacle or from one’s person, upon a public sidewalk or pathway;

23.    “Sidewalk vendor activities” or “sidewalk vending activity” means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vendor receptacles;

24.    “Special event” means any special event described in Section 11.03.020(B), or any successor section;

25.    “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location; and

26.    “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter. (Ord. 2018-19 § 3 (part), 2018)

5.97.030 Permit Required.

A.    No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a permit from the Finance Director, or the Finance Director’s designee, under this chapter.

B.    A written application for a sidewalk vendor permit shall be filed with the Finance Director, or Finance Director’s designee, on a form provided by the City, and shall contain the following information:

1.    The name, address, and telephone number of the person applying to become a sidewalk vendor;

2.    The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle;

3.    The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle;

4.    The number of sidewalk vending receptacles the sidewalk vendor will operate within the City under the permit;

5.    The location(s) in the City where the sidewalk vendor intends to operate;

6.    The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);

7.    Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel;

8.    The dimensions of the sidewalk vendor’s sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit and any signs that will be affixed thereto;

9.    Whether the sidewalk vendor will be selling food, merchandise, or both;

10.    If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, whether such foods will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element, if any;

11.    If the vendor is selling merchandise, a description of the merchandise to be sold;

12.    A copy of the health permit required for any sidewalk vendors selling food, as required by Chapter 6.08, or any successor chapter;

13.    Proof the person possesses a valid California Department of Tax and Fee Administration seller’s permit which notes the City as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor’s permit;

14.    An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, State, and Federal laws;

15.    A certification that, to their knowledge and belief, the information contained within the application is true;

16.    An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;

17.    An acknowledgement that use of public property is at the sidewalk vendor’s own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk;

18.    An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by the City’s Risk Manager;

19.    If the sidewalk vendor has operated in the City in the past, proof of prior sales tax allocation to the City; and

20.    Any other relevant information required by the Finance Director, or the Finance Director’s designee.

C.    Each application for a sidewalk vendor permit shall be accompanied by a nonrefundable application fee as established by resolution of the City Council. The application and permit is only applicable to the individual(s) named on the application. If said permit is approved, it shall not be necessary for the permittee to obtain a City business license to carry on the activities authorized by said permit, unless such permittee maintains a permanent place of business within the City. (Ord. 2018-19 § 3 (part), 2018)

5.97.040 Issuance of Permit.

A.    Within thirty (30) calendar days of receiving a complete application, the Finance Director, or the Finance Director’s designee, may issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:

1.    The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;

2.    The conduct of the sidewalk vendor will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;

3.    The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken;

4.    The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

5.    The sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this chapter;

6.    The sidewalk vendor has not had a permit revoked within the past twelve (12) months;

7.    The sidewalk vendor’s application contains all required information;

8.    The sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the City in the application process;

9.    The sidewalk vendor has satisfied all the requirements of this chapter;

10.    The sidewalk vendor has paid all applicable fees as set by City Council resolution;

11.    The sidewalk vendor’s sidewalk vending receptacle and proposed activities conform to the requirements of this chapter;

12.    The sidewalk vendor has adequate insurance to protect the City from liability associated with the sidewalk vendor’s activities, as determined by the City’s Risk Manager, or the Risk Manager’s designee, and, if required by the City, the City has been named as an additional insured; and

13.    The sidewalk vendor has satisfactorily provided all information requested by the Finance Director, or the Finance Director’s designee, to consider the vendor’s application.

B.    A sidewalk vendor permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter.

C.    All permits issued under this chapter shall expire twelve (12) months from date of issuance. (Ord. 2018-19 § 3 (part), 2018)

5.97.050 Operating Conditions.

All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:

A.    All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirements provided in this section;

B.    The sidewalk vendor permit shall be displayed conspicuously at all times on the sidewalk vending receptacle or the sidewalk vendor’s person. If multiple sidewalk vendors are staffing a sidewalk vendor receptacle or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner;

C.    Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities;

D.    All signage and advertising related in any way to the sidewalk vendor shall be attached to the sidewalk vending receptacle, if any, or the sidewalk vendor’s person;

E.    Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign;

F.    Sidewalk vending receptacles shall not be stored on public property and shall be removed when not in active use by a sidewalk vendor;

G.    All sidewalk vendors shall allow a police officer, firefighter, life safety services officer, code enforcement officer, health inspector, or other government official charged with enforcing laws related to the street vendor’s activities, at any time, to inspect their sidewalk vending receptacle for compliance with the size requirements of this chapter and to ensure the safe operation of any heating elements used to prepare food;

H.    Sidewalk vending receptacles and any attachments thereto shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet;

I.    No sidewalk vending receptacle shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials;

J.    If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five feet of the sidewalk vending receptacle when conducting sidewalk vending activities;

K.    Sidewalk vendors that sell food shall have in their possession at all times they are conducting sidewalk vending activities the health permit required by Chapter 6.08, or any successor chapter;

L.    Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans. The size of the vendor’s trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation;

M.    Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property;

N.    Sidewalk vendors shall maintain a minimum four-foot clear accessible path free from obstructions, including sidewalk vending receptacles and customer queuing area;

O.    Sidewalk vendors shall comply with the noise standards provided in Chapters 10.26 and 10.28, or any successor chapters;

P.    In passive parks, sidewalk vendors shall not approach persons to sell food or merchandise;

Q.    In active parks, sidewalk vendors shall not interfere in any way with anyone engaged in a sporting activity and shall not approach spectators who are watching a sporting activity to sell food or merchandise; and

R.    Sidewalk vendors shall ensure that all required insurance is in effect prior to conducting any sidewalk vendor activities and maintained for the duration of the permit. (Ord. 2018-19 § 3 (part), 2018)

5.97.060 Prohibited Activities and Locations.

A.    Sidewalk vendors shall comply with all operating conditions including those conditions set forth in Section 5.97.050, or any successor sections.

B.    Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to any building or structure including but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.

C.    Sidewalk vendors shall not engage in any of the following activities:

1.    Renting merchandise to customers;

2.    Displaying merchandise or food that is not available for immediate sale;

3.    Selling of alcohol, marijuana, adult oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana;

4.    Using an open flame on or within any sidewalk vending receptacle;

5.    Using an electrical outlet or power source that is owned by the City or another person other than the sidewalk vendor;

6.    Conducting sidewalk vending activities:

a.    Anywhere in the City between the hours of 10:00 p.m. and 7:00 a.m. daily;

b.    On sidewalks or pathways directly adjacent to or within residential areas, between the hours of 9:00 p.m. and 8:00 a.m. daily;

7.    Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has asked the sidewalk vendor to leave or after the person has declined the offer to purchase food or merchandise;

8.    Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;

9.    Blocking or impeding the path of the person(s) being offered food or merchandise to purchase;

10.    Making any statement, gesture, or other communication which a reasonable person in the situation of the person(s) being offered food or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out;

11.    Touching the person(s) being offered food or merchandise without that person(s)’ consent;

12.    Advertising any product or service that is not related to the food or merchandise being offered for immediate sale; or

13.    Placing their sidewalk vending receptacles outside of any pathway or sidewalk when engaging in sidewalk vending activities.

D.    Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:

1.    The Oceanfront Boardwalk, including any portion of paved path extending from the Oceanfront Boardwalk into the beach;

2.    The Balboa Island Boardwalk;

3.    East Balboa Boulevard between Adams Street and A Street, Marine Avenue on Balboa Island, and East Coast Highway between Avocado Avenue and Hazel Drive;

4.    The Civic Center;

5.    Any public property that does not meet the definition of a sidewalk or pathway including, but not limited to, any alley, beach, pier, square, street, street end, or parking lot;

6.    Within two hundred (200) feet of:

a.    A police station;

b.    A fire station;

c.    A lifeguard tower;

d.    Lifeguard headquarters;

e.    A permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet;

f.    An area designated for a special event permit issued by the City, during the limited duration of the special event, if the City provides the sidewalk vendor any notice, business interruption mitigation, or other rights the City provided to any affected businesses or property owners under the City’s special event permit;

7.    Within one hundred (100) feet of:

a.    Another sidewalk vendor;

b.    A public or private school, a place of worship, or a large or general child day-care facility;

c.    The intersection of a street and a sidewalk;

d.    Any public picnic area, playground area or playground equipment;

e.    Any public community center, pier, athletic field, sailing center, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court;

f.    Any public marina;

g.    The portion of any City facility that is renting merchandise or selling food to the public or where the rental merchandise is stored;

h.    Any police officer, firefighter, lifeguard or emergency medical personnel who are actively performing their duties or providing services to the public;

8.    Within twenty-five (25) feet of a:

a.    Fire hydrant;

b.    Curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone;

c.    Automated teller machine;

d.    Driveway, alley, or entrance to a parking lot or parking garage;

e.    Entrance or exit to a building, structure or facility; or

f.    Trash receptacle, bike rack, bench, bus stop, restroom, or similar public use items.

E.    Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities:

1.    On any sidewalk or pathway that is not a minimum width of eight feet;

2.    At any park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire; or

3.    On sidewalks or pathways directly adjacent to or within residential areas. (Ord. 2018-19 § 3 (part), 2018)

5.97.070 Penalties.

Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citation and revocation structure:

A.    Except as otherwise provided in this chapter, any violation of this chapter shall be assessed administrative fines in the following amounts:

1.    An administrative fine not exceeding one hundred dollars ($100.00) for a first violation;

2.    An administrative fine not exceeding two hundred dollars ($200.00) for a second violation within one year of the first violation;

3.    An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one year of the first violation;

B.    If a sidewalk vendor violates any portion of this chapter and cannot present the citing officer with a proof of a valid permit, the sidewalk vendor shall be assessed administrative fines in the following amounts:

1.    An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation;

2.    An administrative fine not exceeding five hundred dollars ($500.00) for a second violation within one year of the first violation;

3.    An administrative fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one year of the first violation;

C.    Upon proof of a valid permit issued by the City, the administrative fines set forth in subsection (B) of this section shall be reduced to the administrative fines set forth in subsection (A) of this section, or any successor sections; and

D.    The Finance Director, or the Finance Director’s designee, may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation. (Ord. 2018-19 § 3 (part), 2018)

5.97.080 Appeals.

A.    Administrative citations shall be appealed in the following manner:

1.    Any recipient of an administrative citation may request an ability-to-pay determination, contest that there was a violation of the code, and/or that he or she is the responsible person, by completing a request for hearing form and returning to the City’s Finance Department in accordance with Section 1.05.060(A), or any successor section. Notwithstanding the time limits set forth in Section 1.05.060(A), any person requesting a hearing and ability-to-pay determination may file the request within the time frames set forth in Government Code Section 51039(f)(1), or any successor section;

2.    Any recipient of an administrative citation may file for a hardship waiver in accordance with Section 1.05.060(B), or any successor section;

3.    All appeals of administrative citations shall be heard by a Hearing Officer designated pursuant to Section 1.05.070(A), or any successor section, and the Hearing Officer may be disqualified as provided in Section 1.05.070(B), or any successor section;

4.    In addition to the powers set forth in Section 1.05.070(C)(1) through (4) and (6) through (7), or any successor section, the Hearing Officer shall have the power to:

a.    Reduce the fine based upon the person’s ability to pay the fine;

b.    If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the Hearing Officer shall order the City to accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this chapter;

c.    The Hearing Officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition;

5.    All appeals of administrative citations shall be conducted in accordance with Section 1.05.080, or any successor section;

6.    After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons for that decision:

a.    The Hearing Officer may uphold or deny the administrative citation or take any other action within the Hearing Officer’s power;

b.    If the Hearing Officer determines that the administrative citation should be upheld and a fine assessed, then the amount of the fine assessed that is on deposit with the City shall be retained by the City and any remainder on deposit with the City, if any, shall be promptly returned;

c.    If the Hearing Officer determines that the administrative citation should be denied, or imposes an alternative disposition, and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine;

d.    The decision of the Hearing Officer shall be final; and

e.    The recipient of the administrative citation shall be served with a copy of the Hearing Officer’s written decision in the manner prescribed by Section 1.08.080, or any successor section.

B.    Decisions of the Finance Director, or the Finance Director’s designee, to revoke a permit shall be appealed in the following manner:

1.    Appeals shall be initiated within fifteen (15) calendar days of service of notice of the decision in accordance with Section 1.08.080, or any successor section;

2.    Appeals of decisions shall be made in writing on forms provided by the City;

3.    Decisions that are appealed shall not become effective until the appeal is resolved;

4.    All appeals of decisions shall be heard by a Hearing Officer designated pursuant to Section 1.05.070(A), or any successor section, and the Hearing Officer may be disqualified as provided in Section 1.05.070(B), or any successor section;

5.    The Hearing Officer shall have the powers set forth in Section 1.05.070(C)(1) through (4) and (6), or any successor section;

6.    A hearing before the Hearing Officer may be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The City and responsible person may mutually agree to waive, modify or change the date of the proceeding;

7.    All appeals of decisions shall be conducted in accordance with Section 1.05.080(B), (D), (F), and (G), or any successor section, and shall comply with the following additional procedures:

a.    At least ten (10) days prior to the hearing, the responsible person requesting the hearing shall be provided with copies of the citations, reports and other documents or evidence submitted or relied upon by the Finance Director, or the Finance Director’s designee;

b.    No other discovery is permitted. Formal rules of evidence shall not apply. Administrative hearings are intended to be informal in nature. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules, which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State. Irrelevant and unduly repetitious evidence shall be excluded;

c.    The failure of any responsible person who has filed an appeal to appear at the hearing shall constitute a failure to exhaust their administrative remedies;

8.    After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons for that decision:

a.    The Hearing Officer may uphold or deny the decision and the decision of the Hearing Officer shall be final; and

b.    The responsible person who has filed an appeal shall be served with a copy of the Hearing Officer’s written decision, by the City Clerk, in the manner prescribed by Section 1.08.080, or any successor section. (Ord. 2018-19 § 3 (part), 2018)