Fowler Municipal Code Art. 2 Administrative Hearings

The purpose of this Article is to provide for a uniform and consistent procedure for the conduct of administrative hearings that are not part of a property nuisance abatement action. This article is also designed to identify the appeal and hearing procedures to be followed where procedures are not otherwise identified in the governing code, statute, rule, or regulation, or where there is a reference to following the procedures in this article, whether expressly or by implication.

Types of decisions that might be subject to these procedures include the denial, suspension, or revocation of a permit, license, or other entitlement, orders to correct violations of this Code, the seizure of property, and the issuance of a monetary penalty, whether through an administrative citation or otherwise.

(Ord. No. 2017-03, § 1, 8-15-2017)

(a) Standing. Only a person who has a legal existing interest in the property, right or entitlement subject to the City order, citation, decision or determination sought to be appealed from has standing and a right to appeal under this Article. A notice of appeal that fails to allege standing may be rejected as defective.

(b) Notice of Appeal. A notice of appeal shall be filed in writing with the City Clerk within fifteen (15) days after the service of the order, citation, decision, or determination appealed from. The appeal shall contain the following:

(1) The name, address, and telephone numbers of the appellant;

(2) A statement describing the appellant's legal existing interest in the property, right or entitlement subject to the City order, citation, decision or determination sought to be appealed from;

(3) A brief description of the specific order, citation, decision, or determination being appealed;

(4) A statement of the relief sought;

(5) The reasons why such relief should be granted;

(6) A statement of the appellant, "under penalty of perjury," that the facts stated in the appeal are true of the appellant's own knowledge, except as to matters which are not within the appellant's knowledge and are not of public record, and as to those matters that the appellant believes the facts stated to be true.

(c) Late Appeal. Upon a showing of good cause, the City Clerk, or his or her designee, may, in his or her discretion, permit the filing of an appeal, or an amended appeal, after fifteen (15) days, in which case the appeal shall be considered in the same manner as if it had been timely filed.

(d) Deficient Appeal. If, in the opinion of the City Clerk, the appeal or an amended appeal fails to comply substantially with the requirements of this Section, the City Clerk may give written notice of such insufficiency to the appellant at any time within fifteen (15) days after the appeal is presented, stating with particularity the defects or omissions therein. Failure of the appellant to file an amended appeal within fifteen (15) days of the date of service of such notice of insufficiency shall constitute a waiver of the appeal. Failure of the City Clerk to give notice of any insufficiency within fifteen (15) days shall result in the appeal being heard on its merits, without regard to any insufficiency.

(Ord. No. 2017-03, § 1, 8-15-2017)

Upon receipt of an appeal, or if notice of insufficiency is given in accordance with this section, upon receipt of an amended appeal within the time specified, the City Manager or his or her designee shall appoint a hearing officer and the procedures set forth in Chapter 22, Article 1, section 5-22.105, shall apply to the conduct of the appeal.

(Ord. No. 2017-03, § 1, 8-15-2017)

The City Manager may adopt written rules, regulations, policies and procedures that are consistent with the intent or provisions of this Article, as may be necessary or desirable to aid in the administration or enforcement of the provisions of the Municipal Code.

(Ord. No. 2017-03, § 1, 8-15-2017)