Chapter 6.25 — SIDEWALK VENDING PROGRAM

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 in order to protect the public's health, safety and welfare.

(a) The city council hereby finds that, to promote the health, safety and welfare of the
community, restrictions on street vending are necessary to:

(1) Ensure no interference with:

(A) The performance of police, firefighter and emergency medical personnel
services;

(B) The flow of pedestrian or vehicular traffic including ingress into, or egress from,
any residence, public building, public park, 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
(including pathways in public parks), poles, posts, traffic signs or signals, fire
hydrants, restrooms, trash receptacles, firefighting apparatus and equipment,
mailboxes, as well as access to locations used for public transportation services;

(3) Maximize public access to and along the main commercial districts of the city; 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) Broadway between Balboa Avenue and Rollins Road is an extremely busy road with
unusually high pedestrian and vehicular traffic volumes. Restrictions on sidewalk
vending are necessary to protect the public from injury given the intense use of this
space;

(2) Burlingame Avenue between 200 feet west of El Camino Real (State Route 82) and
California Drive is an extremely popular tourist destination 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;

(3) The Central County Fire Department contains critical emergency 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;

(4) The Burlingame police department contains critical emergency infrastructure.
Restrictions on sidewalk vending are necessary to ensure that police equipment is easily accessible and critical infrastructure is maintained and accessible at all times;

(5) 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;

(6) 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; and

(7) Caltrain operates within city boundaries, and includes various vehicle and pedestrian
crossings. Restrictions on sidewalk vending at and near these locations is necessary
to ensure public safety.
(Ord. 2008 § 5, (2022))

(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:

"Alcohol" means an "alcoholic beverage" as defined in Section 25.108.020, or any successor section;

"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;

"Fire station" means any facility where fire engines and other equipment of the Fire Department are housed;

"Food" means any item provided in Health and Safety Code Section 113781, or any successor section;

"Heating element" means any device used to create heat for food preparation;

"Marijuana" means "cannabis" or "cannabis product" as defined in Section 25.48.060(C), or any successor section;

"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;

"Park" means each and every public park, recreation center, body of water, riding or hiking trail, parking lot and every other recreation facility owned, managed and/or controlled by the city and under the jurisdiction of the parks and recreation director. The city has both active parks and passive parks:

(A) "Active parks" contain one or more sporting fields or actively encourage physical activity;

(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;

"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;

"Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the city;

"Police station" means any facility where police vehicles and other equipment of the city's police department are housed;

"Public property" means all property owned or controlled by the city, including, but not limited to, buildings, alleys, public plaza or community open space, parks, pathways, streets, parking lots, sidewalks, and walking trails;

"Residential" means any area zoned exclusively as residential in Title 25 (Zoning Code) or residential overlay district or their equivalent;

"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction;

"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;

"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;

"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;

"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;

"Special event" means any special event described in Section 25.82.030(C), or any successor section;

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

(Ord. 2008 § 5, (2022))

(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 current San Mateo County Health Permit (required for any sidewalk vendors selling food);

(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.

(d) This sidewalk vendor permit is required in addition to, and not in place of, a Burlingame city business license. Each sidewalk vendor conducting business within city limits must obtain and maintain a valid city of Burlingame business license. (Ord. 2008 § 5, (2022))

(a) Within 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 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 taken all necessary steps to obtain a San Mateo County mobile food facility permit;

(13) 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

(14) 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 12 months from date of issuance.
(Ord. 2008 § 5, (2022))

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 width of
four feet, and a total length of four feet, and a total height, including a roof, umbrella or
awning, of 10 feet; provided, that any umbrella or awning shall be no less than seven feet
above the surface of the sidewalk;

(i) No sidewalk vending receptacle shall contain or use natural gas or other explosive or
hazardous materials unless authorized by the city in writing following review by
appropriate authorities;

(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 required county health permit and grade (if
given health grade by San Mateo County Health);

(l) Sidewalk vendors shall comply with all applicable state and local laws, as amended from
time to time, including the County Health Code, state food labeling and preparation
requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990
(Public Law 101-336) and other disability access standards (both state and federal);

(m) 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;

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

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

(p) Sidewalk vendors shall comply with the noise standards provided in Chapter 10.40 or any
successor chapters, and no amplified music or loudspeakers are permitted;

(q) In passive parks, sidewalk vendors shall not approach persons to sell food or merchandise;

(r) 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

(s) 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. 2008 § 5, (2022))

(a) Sidewalk vendors shall comply with all operating conditions including those conditions set forth in Section 6.25.050, 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, unless given express permission to use this power
source in writing by the owner of the power source, which will be provided to city
officials immediately upon request;

(6) Conducting sidewalk vending activities:

(A) Anywhere in the city between the hours of 9:00 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 9:00 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) Burlingame Avenue between 200 feet west of El Camino Real and California Drive;

(2) Broadway between Balboa Avenue and Rollins Road;

(3) Any public property that does not meet the definition of a sidewalk or pathway
including, but not limited to, any alley, street, street end, or parking lot;

(4) Within 200 feet of:

(A) A police station;

(B) A fire station;

(C) A permitted certified farmers' market or swap meet during the limited operating
hours of that certified farmers' market or swap meet;

(D) An area designated for a special event permit issued by the city, during the
limited duration of the special event;

(5) Within 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) A Caltrain vehicle or pedestrian crossing;

(D) Any public picnic area, playground area or playground equipment;

(E) Any public community center, athletic field or court, softball/baseball diamond,
basketball court, handball court, pickleball court, tennis court, soccer field, or
volleyball court;

(F) The portion of any city facility that is renting merchandise or selling food to the
public or where the rental merchandise is stored;

(G) Any police officer, firefighter or emergency medical personnel who are actively
performing their duties or providing services to the public;

(6) Within 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;

(F) Trash receptacle, bike rack, bench, bus stop, restroom, or similar public use
items;

(G) The intersection of a street and a sidewalk.

(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 or issued a city permit that allows the sale of food or merchandise by a concessionaire, for the period of time the concessionaire is permitted to operate; or

(3) On sidewalks or pathways directly adjacent to or within residential areas.

(Ord. 2008 § 5, (2022))

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 $100 for a first violation;

(2) An administrative fine not exceeding $200 for a second violation within one year of
the first violation;

(3) An administrative fine not exceeding $500 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 $250 for a first violation;

(2) An administrative fine not exceeding $500 for a second violation within one year of
the first violation;

(3) An administrative fine not exceeding $1,000 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. 2008 § 5, (2022))

(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, through the procedure set forth in Chapter 1.14, or any
successor section. Notwithstanding the time limits set forth in Chapter 1.14, 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 1.14.120, or any successor section;

(3) All appeals of administrative citations shall be heard by a hearing officer designated
pursuant to Section 1.14.040, or any successor section;

(4) In addition to the powers set forth in Chapter 1.14, or any successor Chapter, 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, 20% of the
administrative fine imposed pursuant to this chapter; and

(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
1.14.120, 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 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 1.14.070, 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 15 calendar days of service of notice of the decision;

(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 by the city Manager or his/her designee;

(5) A hearing before the hearing officer may be set for a date that is not less than 15 and not more than 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 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;

(6) All appeals of decisions shall comply with the following additional procedures:

(A) At least 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;

(7) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within 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.

(Ord. 2008 § 5, (2022))

The city manager may adopt reasonable administrative procedures necessary to implement this chapter. (Ord. 2008 § 5, (2022))

In the event that any provision of this chapter is in conflict with state law or regulations, as may be amended from time to time, said state law or regulation shall control to the extent that said state law or regulation preempts local regulations. In the event of such preemption, all remaining portions of this ordinance shall remain valid and enforceable. (Ord. 2008 § 5, (2022))