Carpinteria Municipal Code Ch. 1.06 Administrative Remedies

Footnotes:

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Editor's note— Ord. No. 664, § 3, adopted October 28, 2013, amended Chapter 1.06 in its entirety to read as herein set out. Former Chapter 1.06, §§ 1.06.010—1.06.430, pertained to similar material, and derived from Ord. No. 563, 2000.

This chapter provides administrative remedies which can be pursued by the city for any violation of this municipal code. These administrative remedies are in addition to all other legal remedies, civil or criminal, which may be pursued by the city to address any violation of this code. The city may, at its sole discretion, utilize an administrative remedy in lieu of pursuing other legal remedies, either civil or criminal.

(Ord. No. 664, § 3, 10-28-2013)

A. Enforcement Officer: Defined. For the purposes of this chapter, "enforcement officer" means those city employees designated by the community development director and all peace officers providing law enforcement services in the city of Carpinteria, hereinafter "Santa Barbara sheriff's office" (SBSO).

B. Concurrent Enforcement Authority. The SBSO shall have concurrent enforcement authority with those city employees designated by the community development director regarding any violation of this municipal code resulting in an infraction, misdemeanor, civil citation, administrative citation, compliance order or summary abatement order, unless otherwise provided by this chapter, the municipal code, resolution of the city council or written agreement by and between the city and the SBSO. Nothing in this chapter shall be construed or interpreted as providing the code compliance division with the authority to enforce any provision of the California Penal Code, the California Vehicle Code or any other statute that is specifically required to be enforced solely by the city's law enforcement agency.

C. Persons to Retain Exclusive Authority. Nothing in this chapter shall limit or otherwise restrict any employee, agent or official of the city from exercising any exclusive authority to enforce any law or regulation as provided by any applicable statute, regulation or policy.

D. Right to Inspect. Enforcement officers are authorized to inspect all real property and other premises to ascertain whether such real property and other premises are in full compliance with the provisions of this code and/or applicable statutes, codes and regulations. All such inspections shall be conducted in such a manner as to be consistent with this code, all state and federal law, and the constitutions of the United States and the state of California.

(Ord. No. 664, § 3, 10-28-2013)

A. An enforcement officer may issue administrative citations, which are in addition to all other legal remedies, criminal or civil. Except for those violations mentioned in Section 1.06.070, whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Pursuant to California Government Code Section 53069.4, subdivision (a)(2), no administrative fine or penalty shall be imposed for a violation of a continuing nature, such as building, plumbing, or structural issues, or zoning issues of a similar type unless the person has first been given a reasonable period of time to correct the violation or unless the violation creates an immediate danger to health or safety.

C. The use of administrative citations shall be at the sole discretion of the city. This chapter in no way limits the city's authority to pursue all available remedies, both civil and criminal.

(Ord. No. 664, § 3, 10-28-2013)

A. The administrative citation and all notices required to be given relating to the administrative citation shall be served as provided in Section 1.06.370 on the person creating, causing, committing, or maintaining the violation.

B. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred;

3. The section of this code violated and a brief description of the violation;

4. The amount of the fine for the code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the city office from which a request for hearing form to contest the administrative citation may be obtained;

8. The name and signature of the citing enforcement officer.

(Ord. No. 664, § 3, 10-28-2013)

A. The amounts of the fines for code violations imposed pursuant to an administrative citation shall be set forth in a schedule of fines established by resolution of the city council and shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900 of the California Government Code.

B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person within thirty-six months from the date of an administrative citation.

C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

(Ord. No. 664, § 3, 10-28-2013)

A. The fine shall be paid to the city within thirty days from the date of the issuance of the administrative citation.

B. Any administrative fine paid pursuant to subsection A of this section shall be refunded in accordance with Section 1.06.140 if it is determined by the hearing officer, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

(Ord. No. 664, § 3, 10-28-2013)

A. Whenever an enforcement officer determines that a violation of any provision of this code within his or her jurisdiction is occurring or exists, the enforcement officer may issue a written compliance order to the owner of record of the property or the person, creating, causing, committing, or maintaining the violation. Compliance orders are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code.

B. Pursuant to Government Code Section 53069.4, subdivision (a)(2), the city shall issue a compliance order, rather than an administrative citation, when the cited violation is of a continuing nature, such as building, plumbing, or structural issues, or zoning issues of a similar type unless the person has first been given a reasonable period of time to correct the violation or unless the violation creates an immediate danger to health or safety.

(Ord. No. 664, § 3, 10-28-2013)

A. If a compliance order is issued, it shall be issued to the owner of record of the property or the person creating, causing, committing, or maintaining the violation.

B. The compliance order shall include the following information:

1. The date and location of the violation;

2. The section of this code violated and a description of the violation;

3. The actions required to correct the violation;

4. The time period in which the cited violation(s) must be corrected;

5. An explanation of the consequences of failure to correct the violation(s) within the time period allowed in the compliance order.

(Ord. No. 664, § 3, 10-28-2013)

Every person receiving a compliance order shall be granted at least thirty days to correct or otherwise remedy the cited violation prior to the reinspection of the property by an enforcement officer for the purpose of determining whether the violation still exists.

(Ord. No. 664, § 3, 10-28-2013)

A. If the issuing enforcement officer determines upon reinspection of the property that all violations have been corrected within the time specified in the compliance order, no further action shall be taken by the city.

B. If full compliance is not achieved within the time specified in the compliance order, the city may elect to impose fines in the amounts specified for infractions in Chapter 1.08.030 for each day the violation continues past the date compliance was due, unless the person subject to the compliance order has appealed the compliance order in accordance with Section 1.06.110. As an alternative to imposing fines, the city may elect to send the violation to an administrative hearing for the issuance of an administrative order.

C. When the city elects to send the violation to an administrative hearing, the city clerk shall cause written notice of the hearing to be served as provided in Section 1.06.370 on the violator; where real property is involved and the owner of the property is subject to the compliance order, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized county assessment roll available on the date notice is prepared.

(Ord. No. 664, § 3, 10-28-2013)

A. Any recipient of an administrative citation or compliance order may contest the issuance of the citation or compliance order by completing a request for hearing form and returning it to the city, together with an advanced deposit of any fine imposed or notice that a request for an advanced deposit hardship waiver has been filed pursuant to Section 1.06.120, within thirty days from the date of the administrative citation or compliance order.

B. A request for hearing form may be obtained from the city department specified on the administrative citation or compliance order.

C. The person requesting the hearing shall provide on the request for hearing form a detailed explanation of the grounds on which the violation is being contested.

D. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

E. If the enforcement officer submits an additional written report concerning the administrative citation or compliance order to the hearing officer for consideration at the hearing, a copy of this report shall also be served on the person requesting the hearing, as provided in Section 1.06.370, at least five days prior to the hearing date.

(Ord. No. 664, § 3, 10-28-2013)

A. Any person who intends to request a hearing to contest the issuance of an administrative citation and who is financially unable to make the advance deposit of the fine, may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the administrative services director on an advance deposit hardship waiver form within thirty days of the date of the administrative citation.

C. The deposit requirement shall not be waived unless the administrative services director makes a determination to issue an advance deposit hardship waiver.

D. The administrative services director may waive the deposit requirement and issue a waiver only if the cited party submits a sworn affidavit, together with any supporting documents or materials, demonstrating the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.

E. If the administrative services director determines not to issue a waiver of the advance deposit requirement, the person shall remit the full deposit amount within ten days of that decision or thirty days from the date of the administrative citation, whichever is later.

F. The administrative services director shall issue a written determination briefly stating the reason(s) for the decision whether or not to waive the advance deposit requirement. This written determination shall be final.

G. The written determination shall be served upon the person who applied for the advance deposit hardship waiver as provided in Section 1.06.370.

(Ord. No. 664, § 3, 10-28-2013)

A. The city manager shall designate the hearing officer for the hearing. The hearing officer shall be paid a fixed hourly rate not contingent upon the outcome of any hearing or the amount or number of administrative orders or fines imposed. The hearing officer shall have no financial or pecuniary interest in any case he or she hears or the outcome thereof.

B. No hearing to contest an administrative citation shall be set unless the fine has been deposited in advance in accordance with Section 1.06.110 or an advance deposit hardship waiver has been issued by the administrative services director in accordance with Section 1.06.120.

C. A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date the request for a hearing is filed in accordance with the provisions of this chapter.

D. As soon as practicable after scheduling the hearing, the hearing officer shall prepare a notice of administrative appeal, which shall be in substantially the following form:

You are hereby notified that a hearing will be held before the Administrative Hearing Officer at ___________ on the _____ day of ________, to hear your appeal of the administrative citation or compliance order issued or otherwise served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney.

E. At the hearing, both the appellant and the city shall be given the opportunity to testify and to present relevant evidence. The hearing will be conducted informally and the legal or formal rules of evidence and discovery shall not apply. The hearing officer shall have the authority to control the conduct of the proceeding, including the authority to limit testimony and the admissibility of evidence, or place other limitations on the hearing that the hearing officer deems to be in the interest of economy of the hearing proceedings.

F. In a hearing regarding an administrative citation, the hearing officer shall only consider evidence that is relevant to whether the violation occurred and whether the appellant has caused or maintained the violation of this code on the date specified in the administrative citation. In a hearing regarding a compliance order, the hearing officer shall only consider evidence that is relevant to the existence of the violation and the failure of the violator or owner to take required corrective action within the time period required by the compliance order.

G. If the appellant fails to attend the scheduled administrative appeal hearing, the hearing will proceed without the appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeal hearing. The failure of any person subject to an administrative citation or compliance order to appear at the hearing shall constitute a failure to exhaust all required administrative remedies.

H. Unless requested in advance by the appellant, neither the enforcement officer who issued the administrative citation or compliance order nor any other city representative shall be required to attend the hearing. However, any appearance may be made at the discretion of the community development director.

I. The administrative citation or compliance order, and any additional report submitted by the city, shall constitute prima facie evidence of the respective facts contained in those documents.

J. The hearing officer shall use the preponderance of the evidence standard as the standard of proof in deciding the issues.

K. The hearing officer may continue the hearing and request additional information from the city or the appellant prior to issuing a written decision.

(Ord. No. 664, § 3, 10-28-2013)

A. Within a reasonable time following the conclusion of the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation. The hearing officer shall make findings supported by evidence received at or prior to the hearing, and issue his or her determination regarding:

1. Whether the violation occurred;

2. Whether the appellant caused or maintained the violation on the date specified in the administrative citation.

The decision of the hearing officer shall be final.

B. If the fine has been deposited with the city and the hearing officer determines that the administrative citation should be upheld then the fine amount on deposit with the city shall be retained by the city.

C. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.

D. If the hearing officer determines that the administrative citation should be canceled and the fine has been deposited with the city, then the city shall promptly refund the deposited amount.

E. If the hearing officer determines that the administrative citation should be upheld, the hearing officer shall issue an administrative order upholding the citation and, if applicable, requiring corrective actions. The administrative order may also impose administrative costs. The administrative costs may include any and all costs incurred by the city in connection with the matter before the hearing officer including, but not limited to, costs of investigation, costs of scheduling and processing the administrative hearing, staffing costs incurred in preparation for the hearing and for the hearing itself, and attorney's fees as permitted in Section 1.06.180.

F. The recipient of the administrative citation shall be served as provided in Section 1.06.370 with a copy of the hearing officer's written decision.

G. The hearing officer shall have continuing jurisdiction over the subject matter of the hearing for the purposes of ensuring compliance with an administrative order, modifying an administrative order, or, where extraordinary circumstances exist, granting a new hearing.

(Ord. No. 664, § 3, 10-28-2013)

A. Within a reasonable time following the conclusion of the hearing, the hearing officer shall issue a written decision. The hearing officer shall issue findings on each violation supported by evidence considered at the hearing, and issue his or her determination regarding:

1. The existence of the violation;

2. The failure of the violator or owner to take required corrective action within the time period specified in the compliance order.

The decision of the hearing officer shall be final.

B. If the hearing officer finds by a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order, as specified in [Section] 1.06.160.

C. If the hearing officer finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the hearing officer shall issue a finding of those facts.

D. The hearing officer shall have continuing jurisdiction over the subject matter of the hearing for the purposes of ensuring compliance with an administrative order, modifying an administrative order, or, where extraordinary circumstances exist, granting a new hearing.

(Ord. No. 664, § 3, 10-28-2013)

A. If the hearing officer determines that a violation has occurred which was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order, which shall impose any or all of the following, as appropriate:

1. An order to correct, including a schedule for correction where appropriate;

2. Administrative penalties, as provided in this section;

3. Administrative costs, as provided in Section 1.06.170;

4. The commencement of summary abatement proceedings as authorized under Section 1.06.310.

B. In determining the amount of the administrative penalty, the hearing officer may take any or all of the following factors into consideration:

1. The duration of the violation;

2. The frequency, recurrence and number of violations, related or unrelated, by the same violator;

3. The seriousness of the violation;

4. The good faith efforts of the violator to come into compliance;

5. The economic impact of the penalty on the violator;

6. The impact of the violation on the community;

7. Such other factors as justice may require.

C. Administrative penalties imposed by the hearing officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the community development director.

D. The hearing officer, in his or her discretion, may suspend the imposition of applicable penalties for any period of time during which:

1. The violator has filed for necessary permits; and

2. Such permits are required to achieve compliance; and

3. Such permit applications are actively pending before the city, state or other appropriate government body.

E. Administrative penalties assessed by the hearing officer shall become due on the date specified in the administrative order.

F. Administrative penalties assessed by the hearing officer are a personal obligation of the violator to the city. In addition to all other means of enforcement, if the violation is located on real property, the administrative penalty may be enforced by means of a lien against the real property on which the violation occurred in accord with California Government Code Section 38773.1.

G. If the violation is not corrected as specified in the hearing officer's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum fine set forth in California Government Code Section 36901.

H. If the violator gives written notice to the community development director that the violation has been corrected and if the director finds that compliance has been achieved, the director shall deem the date the written notice was postmarked or personally delivered to the director or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the director, the violation will be deemed corrected on the date of final inspection.

(Ord. No. 664, § 3, 10-28-2013)

A. The hearing officer shall assess reasonable administrative costs against the violator when the hearing officer finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

B. Administrative costs include any and all costs incurred by the city in connection with the matter before the hearing officer including, but not limited to, costs of investigation, costs of scheduling and processing the administrative hearing, staffing costs incurred in preparation for the hearing and for the hearing itself, costs of all inspections necessary to enforce the compliance order, and attorney's fees as permitted in section 1.06.180.

(Ord. No. 664, § 3, 10-28-2013)

Attorney's fees shall be awarded only in actions to abate a public nuisance and only where the city elects to seek recovery of its attorney's fees. In such cases, attorney's fees shall be awarded to the prevailing party. The award of attorney's fees to a prevailing party shall not exceed the amount of reasonable attorney's fees incurred by the city in the action. The city must inform the appellant that it will seek attorney's fees in the action within five working days of the date appellant files his or her appeal with the city. If the city does not inform appellant in the manner provided that it elects to seek attorney's fees in the action, the hearing officer shall award no attorney's fees.

(Ord. No. 664, § 3, 10-28-2013)

Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the hearing officer may be enforced as:

A. A personal obligation of the violator to the city; and/or

B. If the violation is in connection with real property, a lien upon the real property in accord with California Government Code Section 38773.1. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.

(Ord. No. 664, § 3, 10-28-2013)

Any person aggrieved by an administrative decision of a hearing officer relating to an administrative citation may obtain review of the administrative decision by filing a petition for review with the superior court in Santa Barbara County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. Any person aggrieved by an administrative order of the hearing officer relating to a compliance order may obtain review of the administrative order in the superior court of the county of Santa Barbara by filing with the court a petition for writ of mandate.

(Ord. No. 664, § 3, 10-28-2013)

The city may collect assessed administrative penalties and administrative costs by use of all available legal means, including the recordation of a lien pursuant to Section 1.06.290.

(Ord. No. 664, § 3, 10-28-2013)

Any person who fails to pay to the city any fine imposed pursuant to an administrative citation on or before the date that the fine is due shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

(Ord. No. 664, § 3, 10-28-2013)

The city may collect any past due administrative fine or late payment charge by use of all available legal means.

(Ord. No. 664, § 3, 10-28-2013)

If the community development director determines that compliance has been achieved after a compliance order has been sustained by the hearing officer, the director shall provide to the person who was subject to the compliance order a letter stating that compliance has been achieved.

(Ord. No. 664, § 3, 10-28-2013)

A. If the director does not file a report of compliance pursuant to Section 1.06.240, a violator who believes that compliance has been achieved may request a compliance hearing before the hearing officer by filing a request for a hearing with the city.

B. The hearing shall be noticed and conducted in accord with the hearing procedures provided in Section 1.06.130 of this chapter.

C. The hearing officer shall determine if compliance has been achieved and, if so, when it was achieved.

(Ord. No. 664, § 3, 10-28-2013)

A. All notices required in this chapter shall be served as provided in Section 1.06.370.

B. Where real property is involved, written notice shall be mailed to the property owner at the address as shown on the latest equalized county assessment roll.

C. Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order shall be conspicuously posted at the property which is the subject of the order.

D. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter.

(Ord. No. 664, § 3, 10-28-2013)

A. Whenever the amount of any administrative penalty and/or administrative cost imposed by the hearing officer pursuant to this chapter in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred in accord with California Government Code Section 38773.1.

B. The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

C. Interest shall accrue on the principal amount of the judgment remaining unsatisfied.

D. Prior to recording any such lien, the administrative services director shall prepare and file with the city clerk a report stating the amounts due and owing.

E. The city clerk shall fix a time, date and place for hearing such a report and any protests or objections thereto by the city council.

F. The administrative services director shall cause written notice to be served on the property owner in accord with the notice provisions of California Government Code Section 38773.1.

(Ord. No. 664, § 3, 10-28-2013)

A. Any person whose real property is subject to a lien pursuant to Section 1.06.270 may file a written protest with the city clerk and/or may protest orally at the city council meeting.

B. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

C. The city council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien.

(Ord. No. 664, § 3, 10-28-2013)

Thirty days following the adoption of a resolution by the city council imposing a lien, the city clerk shall file the same as a judgment lien in the office of the county recorder of Santa Barbara County, California. The lien may carry such additional administrative charges as set forth by resolution of the city council.

(Ord. No. 664, § 3, 10-28-2013)

Once payment in full is received by the city for outstanding penalties and costs, the administrative services director shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the office of the county recorder. Such notice of satisfaction shall cancel the city's lien.

(Ord. No. 664, § 3, 10-28-2013)

If, upon the determination of the community development director or an enforcement officer, a particular public nuisance poses an immediate threat to public health, safety or welfare, the community development director or enforcement officer may dispense with notice and hearing requirements and cause all reasonable and feasible actions necessary to immediately abate the activity or activities and/or condition(s) causing the public nuisance.

(Ord. No. 664, § 3, 10-28-2013)

Prior to the community development director authorizing or acting with regard to the summary abatement of a public nuisance as described in Section 1.06.310, the enforcement officer causing the summary abatement or the community development director shall, if feasible, cause an inventory to be taken that lists those items which are proposed to be removed from the property.

(Ord. No. 664, § 3, 10-28-2013)

A. Prior to ordering summary abatement pursuant to this chapter, the enforcement officer or the community development director shall prepare a written report which sets forth the following:

1. The public nuisance that is the subject of the summary abatement;

2. The reason advanced notice of the abatement is not feasible;

3. The reason why summary abatement of the public nuisance is required.

(Ord. No. 664, § 3, 10-28-2013)

The original copy of the summary abatement report shall be filed with the city clerk.

(Ord. No. 664, § 3, 10-28-2013)

A copy of the summary abatement order shall be served as provided in Section 1.06.370 on the owner(s) of record of the property on which the public nuisance occurs or on the person creating, causing, committing, or maintaining the public nuisance.

(Ord. No. 664, § 3, 10-28-2013)

If the community development director elects to undertake abatement of a public nuisance, the owner of record of the property, or the person creating, causing, committing, or maintaining the public nuisance, shall be liable for all costs associated with said abatement that are incurred by the city.

(Ord. No. 664, § 3, 10-28-2013)

A. All notices required to be given by this chapter, including, but not limited to, administrative citations, compliance orders, administrative orders, notice of hearings and summary abatement reports shall be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage paid, addressed to such person to be notified at his or her last known business or residence address as the address appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the United States mail.

B. Where real property is involved, written notices shall be mailed to the property owner(s) at the address shown on the last equalized county assessment roll.

C. Where personal service by mail upon the property owner is unsuccessful, the city shall cause all of the following to occur:

1. A copy of the noticed material shall be conspicuously posted at the real property which is the subject of the citation, abatement or compliance order;

2. A copy of the notice, as appropriate, shall be published at least once in a newspaper of general circulation in the city. A copy of the notice shall be published at least ten days prior to the date of any public hearing or proceeding related to the notice.

D. Failure to receive any notice specified in this chapter shall not affect the validity of proceedings conducted hereunder.

(Ord. No. 664, § 3, 10-28-2013)

The city manager may perform any of the duties provided for in this Chapter 1.06 to be performed by a city employee, aside from the duties of an administrative hearing officer, or may designate any city employee to perform such duties, upon finding that due to circumstances including, but not limited to, absence or incapacity, the city employee charged with the duty under this chapter is unable to perform the duty.

(Ord. No. 664, § 3, 10-28-2013)