HomeMy WebLinkAboutCC ORD 2005-2277 Amends §§ 1.42.020 and 1.44.080, administrative citations (1.42, 1.44)ORDINANCE NO. 2005 — 2277
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE
BY AMENDING CHAPTERS 1.42 AND 1.44 PERTAINING
TO THE PROCESS FOR SELECTION OF
HEARING EXAMINERS FOR ADMINISTRATIVE REMEDIES
BE IT ORDAINED that the City Council of the City of National City does
hereby amend Title 1 of the National City Municipal Code as follows:
Section 1. That Chapter 1.42 is amended by amending Section
1.42.020 C to read as follows:
1.42.020 Administrative Process.
C. Upon the filing of a request for a hearing or appeal, a hearing
examiner shall be chosen by the parties, who shall be neutral and unbiased as to
the matter in contention. Experience in the subject area is preferred but not a
prerequisite. The City shall maintain a panel of candidates available to serve as
hearing examiners for the administrative hearings. The enforcement officer or
other designated City representative and the aggrieved party shall select a
hearing examiner from the list by alternatively striking names from the panel list,
beginning with the aggrieved party. The City and the aggrieved party may share
the cost of the hearing examiner, or if the aggrieved party so chooses, the City
will pay the full cost of the hearing examiner if requested by the aggrieved party
in writing prior to the hearing.
The hearing should occur no later than sixty days from the time of the
request for administrative hearing filed by the aggrieved party, unless waived by
the City and the aggrieved party.
Section 2. That Chapter 1.44 is amended by deleting the existing
language in Section 1.44.080 and inserting the following:
1.44.080 Hearing Officer. Upon the filing of a request for a hearing of
an administrative citation, a hearing officer shall be chosen by the parties, who
shall be neutral and unbiased as to the matter in contention. Experience in the
subject area is preferred but not a prerequisite. The City shall maintain a panel
of candidates available to serve as hearing officers for the administrative citation
hearings. The enforcement officer or other designated City representative and
the aggrieved party shall select a hearing officer from the list by alternatively
striking names from the panel list, beginning with the aggrieved party. The City
and the aggrieved party may share the cost of the hearing officer, or if the
aggrieved party so chooses, the City will pay the full cost of the hearing officer if
requested by the aggrieved party in writing prior to the hearing.
2005 Ordinance 1 Administrative Hearings
Selection of Hearing Examiners
The hearing should occur no later than sixty days from the time of the
request for administrative hearing filed by the aggrieved party, unless waived by
the City and the aggrieved party.
PASSED and ADOPTED this 15th day of
ATTEST:
Midhael DaII City Clerk
APPROVED AS TO FORM:
George H. iser, III
City Attorney
November
nzunza, Mayor
2005.
2005 Ordinance 2 Administrative Hearings
Selection of Hearing Examiners
Passed and adopted by the Council of the City of National City, California, on
November 15, 2005, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Zarate.
Nays: None.
Absent: Inzunza, Natividad
Abstain: None.
AUTHENTICATED BY: NICK INZUNZA
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on November 1, 2005, and on November 15, 2005.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2005-2277 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 15, 2005.
n,,
City Jerk of the City bf National City, California
By:
Deputy