Napa Municipal Code Ch. 1.26 Appeals and Administrative Hearing Procedure for Administrative…

To the extent that any portion of this code authorizes an appeal of an administrative determination, by filing a request for an administrative hearing, the provisions of this chapter shall govern.

(O2010 18, 10/19/10)

A. Any request for an administrative hearing to appeal an administrative determination pursuant to this code (hereinafter "appeal") must be made in accordance with this chapter. Any appeal must be in writing, accompanied by any required fees or charges, and submitted to the City Clerk. Any such appeal must be received by the City Clerk within 10 calendar days of the issuance of the administrative determination being appealed. The City Manager may postpone the obligation to pay required fees or charges, pending the conclusion of the appeal, if the appellant establishes to the satisfaction of the City Manager that the appellant is unable to pay the required fees or charges.

B. The letter of appeal must state: (1) the specific administrative determination or action objected to (including an identification of the date on which the administrative determination was issued); (2) the action appellant requests the city to take; (3) all factual and legal grounds which the appellant wishes the city to consider as reasons for the appeal (such grounds to be identified by the appellant shall include, without limitation, any and all constitutional or statutory claims); and (4) the name, address and telephone number of appellant and any authorized representatives of the appellant.

C. Any administrative determination (that is subject to the appeal provisions of this chapter) shall be final unless appealed pursuant to the requirements of this chapter. Failure to timely request an administrative hearing, and/or to fully state all factual and legal grounds for the appeal, in the manner required by this chapter constitutes a waiver of the appeal and a failure to exhaust administrative remedies.

D. Unless otherwise specified in this chapter, any notices required by this chapter shall be provided pursuant to Section 1.24.100.

(O2010 18, 10/19/10)

A. Selection of Hearing Officer. After the City Clerk's receipt of an appeal letter filed in accordance with this chapter, the City Manager shall designate the Hearing Officer (pursuant to Section 1.16.060) to hear the appeal at an administrative hearing.

B. Notice of Hearing. The hearing shall be conducted by the Hearing Officer on the date, time, and location specified in the written notice of hearing delivered by the City Manager to the appellant. The hearing date shall be set on the first available date for the designated Hearing Officer, which may be based on a schedule of regularly available hearing dates established by the City Manager.

C. Continuances. The Hearing Officer may continue a hearing from time to time, and may request additional information from the City Manager or the appellant before issuing a decision.

D. Written Reports. All documents provided by the city in support of the determination that is the subject of the appeal shall be accepted by the Hearing Officer as prima facie evidence of the facts stated in such documents. If the City submits any such documents to the Hearing Officer, then a copy of the documents shall be served on the appellant at least five days before the hearing.

E. The City Manager, and other representatives of the city may, but need not, appear and present evidence at the hearing.

F. Failure to Appear. The failure of the appellant to appear at the hearing shall constitute a failure to exhaust his or her administrative remedies.

G. At the Hearing. At the hearing, the appellant shall be given the opportunity to testify and to present evidence concerning the determination that is the subject of the appeal, including any evidence to show cause why the action the appellant is asking the city to take should be taken, and the appellant shall raise any and all legal and factual issues and claims concerning the determination under this section that is the subject of the appeal. The hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is 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 rule which might consider such admission improper in a civil action. The Hearing Officer may exclude irrelevant or unduly repetitious evidence.

(O2010 18, 10/19/10)

A. Decision. After considering the testimony and evidence presented at the hearing, the Hearing Officer shall issue a written decision, based on the preponderance of evidence, to uphold or overturn the original determination that is the subject of appeal, including the findings on which the decision was made. If the determination is overturned, the Hearing Officer may remand the action to city staff with directions to modify the determination. The Hearing Officer shall send a copy of the decision to the appellant and to all relevant city staff.

B. Cost Recovery. The Hearing Officer's written decision shall include a determination regarding fees and charges owed by the appellant, as required by this code (including Section 1.16.050). If the Hearing Officer finds, as a part of the Hearing Officer's written decision, that the city is the prevailing party, the city shall be entitled to its reasonable costs of defending the appeal.

C. Finality of Decision. The Hearing Officer's decision is final, and may not be appealed. The decision shall include information regarding the appellant's right to seek judicial review of the Hearing Officer's decision (pursuant to Section 1.16.070).

(O2010 18, 10/19/10)