Chapter 19.10 APPEALS PROCEDURE

Chapter 19.10
APPEALS PROCEDURE

Sections:

19.10.010 Procedure to challenge intent to suspend or revoke the development/operating agreement.

If the city manager or his/her designee determines that grounds for suspension or revocation of the cannabis development/operating agreement exist pursuant to Chapter 19.09 SMC, the city manager or his/her designee shall issue a written notice of intention to revoke or suspend the development/operating agreement, along with such information as required herein. The notice of intention shall be served on the property owner, as reported on the latest equalized assessment roll, and shall also be served on permittees operating a commercial cannabis activity on the property. The notice of intention shall be served by either personal delivery or by certified U.S. Mail, postage prepaid, return receipt requested. The notice of intention shall identify the property owner, permittees, name of business and location of the property, the intended action to be taken, the grounds for the action, the action necessary to abate the violation, the time limit for abatement compliance, and the right to challenge this intended action to a hearing officer. The notice of intention shall notify the owner and permittees of the opportunity to request a hearing before a hearing officer to present evidence as to why the development/operating agreement should not be suspended or revoked and shall notify them of the ten-day deadline to submit a written request for a hearing.

The owner and permittees shall have ten calendar days from the service of the notice of intention to submit a written request for a hearing before a hearing officer selected by the city manager. Failure to submit the written request for a hearing shall be deemed a waiver of the right to challenge the suspension or revocation of the development/operating agreement and a failure to exhaust administrative remedies. If the hearing is not timely requested, the city manager or his/her designee may suspend or revoke the use permit in accordance with the notice of intention.

Upon receipt of a timely written request for a hearing, the city manager or his/her designee shall appoint a hearing officer and set a date for a hearing to be held within sixty days of receipt of the request, unless an immediate threat to the public health, safety and welfare necessitates an earlier hearing date. Notice of the hearing, including the time, date, and location of the hearing, shall be served on the owner and permittees, such service to be accomplished by either personal delivery or by certified U.S. Mail, postage prepaid, return receipt requested. (Ord. 1047 § 2, 2018; Ord. 1043, 2017)

19.10.020 Hearing of matter.

The appointed hearing officer is authorized to conduct a hearing, receive evidence, administer oaths, rule on questions of law and the admissibility of evidence, prepare a record of the proceedings, and render decisions on the suspension or revocation of the use permit.

In any proceeding before a hearing officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the hearing officer, his/her clerk, or other designee shall have the power to administer oaths and affirmations and to certify to official acts.

All parties to the hearing shall have the opportunity to testify, introduce exhibits, call and examine witnesses, and cross-examine opposing witnesses on any matter relevant to the issues. The matter shall be informal and not proceed according to the rules of evidence. Determination of the true facts shall be the guiding principle in the hearing of the matter.

Within thirty calendar days after the close of the hearing, the hearing officer shall issue a written decision, including a statement of the basis for the decision and findings of facts. The hearing officer’s written decision shall constitute the final administrative decision of the city of Seaside.

In the event a civil action is initiated to obtain enforcement of the decision of the hearing officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the city’s total costs of enforcement, including reasonable attorney fees and costs of the hearing.

If neither owner nor any permittee nor their authorized representatives appear at the noticed hearing, such failure to appear shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies. (Ord. 1047 § 2, 2018; Ord. 1043, 2017)