Lakeport Municipal Code Art. VI Hearings And Appeals

Any user, permit applicant or permit holder affected by any decision, enforcement action or determination made by the CLMSD interpreting or implementing the provisions of this chapter or in any permit issued herein may file with the CLMSD director a written request for reconsideration of a staff decision, action or determination within fifteen days of notification of said staff decision, action or determination. The written request for reconsideration shall detail facts supporting the user's request and such facts shall include a statement listing all relevant facts which shall be considered including such facts as may not have been known or available to the CLMSD at the date of such action. The CLMSD director will render a decision on the request for reconsideration within fifteen days of receipt of the request, unless the CLMSD director requests additional information from CLMSD staff or the user. The CLMSD director will concur with, modify or rescind the action, decision or determination previously made or may grant a show cause hearing regarding such decision, action or determination. If the ruling on the request for reconsideration made by the CLMSD director is unacceptable, the user may, within ten days after the date of notification of the CLMSD director's determination, file with the CLMSD secretary a request for appeal to the CLMSD board.

A user shall not have a right to an appeal to the CLMSD board unless the user has complied with the procedures concerning the request for reconsideration by the CLMSD director as set forth above.

When a written request for appeal to the CLMSD board has been properly filed with the CLMSD secretary, the CLMSD secretary shall schedule the matter to be heard by the CLMSD board within forty-five days from the date of the filing of the written request. The CLMSD board will make a ruling on the appeal within fifteen days from the date of the hearing unless the board requests additional information from CLMSD staff or the user.

(Ord. 872 § 7.1, 2008)

A. The CLMSD may order any user who violates any of the provision(s) of this chapter, or permit condition(s), to appear before a designated hearing officer to show cause why a proposed enforcement action should not be taken. Notice will be provided to the user specifying the time and place of the hearing. A notice for a show cause hearing will set forth the violation, the reasons why an action is to be taken, the proposed enforcement action, and such other information as will notify the user of the nature of the hearing. The user has the burden of proof to demonstrate that the proposed action should not be taken or that the decision, action or determination previously made should be rescinded or modified. A notice of hearing will be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service of the notice may be made on an agent of the user or officer of the user's business entity.

B. A CLMSD employee or officer may conduct the hearing and take evidence, or the CLMSD may designate another independent person to do so. The CLMSD will not, as a matter of course, provide for stenographic recording of the hearing; however, the user may provide for such stenographic recordation at its own expense.

C. After the hearing officer has reviewed the evidence, administrative orders may be issued which specifically relate to the issues set forth in the notice of show cause hearing. If the user is dissatisfied with the determination of or the administrative order issued by the hearing officer, the user may file a written request for appeal to the CLMSD board. The request for appeal shall be filed with the CLMSD secretary within ten days of the issuance of the determination order of the hearing officer. The CLMSD secretary will calendar the matter before the CLMSD board within forty-five days of the date of filing of the written request for appeal to the CLMSD board.

(Ord. 872 § 7.2, 2008)