Chapter 2.09
CITY MANAGER
Sections:
2.09.020 City manager—Administrative and rule making authority.
2.09.010 Definitions.
For the purposes of this chapter, the following terms are defined as follows:
“City manager” means the city manager or the city manager’s designee.
“Rule” means any written directive, standard, regulation or statement of general applicability issued by the city manager that implements or interprets any city ordinance, or prescribes a city policy, or describes the procedure or practice requirements of any city department or division charged with the enforcement or implementation of a city ordinance. The term includes the amendment or repeal of a prior rule, but does not include:
1. Internal management directives, regulations or statements which do not substantially affect the interest of the public, unless a hearing is required by a city ordinance or other act of the city council;
2. Action by the city directed to other units of government which do not substantially affect the interests of the public;
3. Declaratory rulings of the city manager with respect to the applicability to any person, property or discrete state of facts of any rule or city ordinance enforceable by the city manager;
4. Orders of the city manager;
5. Promulgation or adoption of document forms or other instruments that merely incorporate provisions of existing laws, ordinances and rules; or
6. Establishment of a fee, fine or penalty. (Ord. 951 § 1 (part), 2004)
2.09.020 City manager—Administrative and rule making authority.
A. In addition to authority granted by the City Charter and elsewhere in this code, the city manager shall have the authority to:
1. Administer oaths;
2. Audit records to assure conformance with this code;
3. Certify official acts;
4. Subpoena and require attendance of witnesses at meetings or hearings to determine compliance with this code;
5. Require production of relevant documents;
6. Take testimony of any person by deposition;
7. Adopt rules for implementation of any provisions of this code; and
8. Perform all other acts necessary to administer or enforce the provisions of this code.
B. Notice of Rule Making. Prior to the adoption, amendment, or repeal of any rule, the city shall give notice of intended rule making by:
1. Making copies of the notice of intended rule making available to any person who has requested such notice under subsection G of this section, and to any business which possesses a license issued pursuant to the rule;
2. Publishing the notice of intended rule making in a newspaper of general circulation for at least five days.
C. Contents of Notice. The notice of intended rule making shall state the subject matter and purpose of the intended action in sufficient detail to inform a person that the person’s interests may be affected, and the time, place, and manner in which interested persons may present their views on the intended action. This notice shall include:
1. A citation of the city manager’s legal authority to promulgate the rule;
2. A statement of the need for the rule and a statement of how the rule is intended to meet the need; and
3. A list of the principal documents, reports, or studies, if any, prepared by or relied upon by the city manager in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection.
D. Opportunity for Comment. The city shall give interested persons reasonable opportunity of not less than fifteen (15) days to submit data or views in writing. The city manager shall make findings that respond to any written submissions.
E. Adoption of Rule—Compilation. After considering any written comments, the city manager may adopt the rule as originally proposed or with such modifications as the city manager deems appropriate after considering all submitted comments. All administrative rules shall be compiled and retained at the city recorder’s office. The city manager shall mail a copy of an adopted rule to all persons who submitted written comments or who specifically requested a copy of the adopted rule in writing, along with a brief explanation of the right to appeal under Section 2.09.030. The city manager shall also promptly provide copies of an adopted rule to the mayor and city councilors. Unless appealed, the rule is final on the sixteenth (16th) day after it is adopted by the city manager.
F. Emergency Rules. Notwithstanding the above, the city manager may adopt, amend, or suspend a rule without prior notice or hearing or upon any abbreviated notice and hearing that he/she finds practicable, if the city manager issues:
1. A statement of findings that failure to act promptly will result in serious prejudice to the public interest or the interest of the parties concerned and the specific reasons for the findings of prejudice;
2. A citation of the city manager’s legal authority to promulgate the rule;
3. A statement of the need for the rule and a statement of how the rule is intended to meet the need; and
4. A list of the principal documents, reports, or studies, if any, prepared by or relied upon by the city manager in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection.
Any adoption, amendment, or suspension under this section is temporary and may not be effective for a period of longer than one hundred eighty (180) days. The adoption of a rule under this section does not preclude the subsequent adoption of an identical rule under the permanent rule adoption procedures.
G. Mailing List. For rules that implement or interpret a provision of the city code, any person may file with the city a written request that the city mail to that person notices given under subsection (B)(1) of this section. Such a written request shall specify the code sections to which the request for notice applies. Upon receipt of any request, the city shall acknowledge the request, establish a mailing list, and maintain a record of all mailings made pursuant to requests. A request shall be valid for all notices issued under subsection (B)(1) of this section within thirty-six (36) months of the date of receipt by the city and shall thereafter be removed from the mailing list.
H. Petition Requesting Adoption of Rule. Any interested person may petition the city requesting the promulgation, amendment, or repeal of a rule. The city manager may prescribe by rule the form or contents of such petitions and the procedure for their submission, consideration and disposition.
I. Basis for Rule. Unless otherwise provided by ordinance, the adoption, amendment, or repeal of a rule by the city manager need not be based upon or supported by an evidentiary record.
J. Validity of Rules. All rules adopted by the city manager prior to the effective date of the ordinance codified in this section shall continue to be valid and shall not be subject to challenge. After the first effective date of the ordinance codified in this section, all rules shall be adopted in substantial compliance with the provisions of this section in effect on the date the rule is adopted. (Ord. 951 § 1 (part), 2004)
2.09.030 Appeal procedures.
A. Unless a different appeal process is provided in this code, a person aggrieved by an administrative action of the city manager or the city manager’s designee may, within fifteen (15) days after the date of the action, file a written appeal with the city manager. For appeal of an administrative action taken by a designee of the city manager, the appeal shall be heard by the city manager, acting as hearings officer, or by a hearings officer appointed by the city manager. For appeal of an administrative action taken by the city manager, the appeal shall be heard by the city council or by a hearings officer appointed by the city council. The written appeal shall be accompanied by a fee as established by a resolution of the city council and shall state:
1. The name and address of the appellant;
2. A description of the administrative action being appealed;
3. The reason the action was incorrect; and
4. What the correct action should be.
An appellant who fails to file such a statement within the time permitted waives all objections to the action, and the appeal shall be dismissed. Except as provided in subsection F of this section, an appeal fee is not refundable.
B. If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this subsection, an emergency suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension.
C. Unless the appellant and the city agree to a longer period, an appeal shall be heard within thirty (30) days of the receipt of the notice of intent to appeal. At least ten days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.
D. The decision maker shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the decision maker deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.
E. If the appeal is from a denial of a business license or other license or permit, the applicant shall carry the burden of proving entitlement to the license or permit and wherein the city erred in its denial. If the appeal is from a revocation or suspension of a business license or other license or permit, the city shall carry the burden of proving that the revocation or suspension was proper. In all other cases, the burden of presenting evidence to support a fact or position rests on the proponent of the fact or position.
F. The decision maker shall issue a written decision within ten days of the hearing date. The decision is final, and may include a determination that the appeal fee be refunded to the applicant if the decision maker makes a finding that such refund is in the public interest. (Ord. 951 § 1 (part), 2004)