§ 1-4

Except where an appeals procedure is otherwise specifically provided in this Code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him pursuant to any of the provisions of this Code, or to any administrative decision made by any official of the City, if the denial, suspension, or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds. No appeal may be taken to any such administrative decision made by an official of the City pursuant to the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned. No right of appeal to the Council from any administrative decision made by an official of the City pursuant to any of the provisions of this Code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this Code, whether the administrative decision involves the denial, suspension, or revocation of a permit or any other administrative decision.

(a) The appellant shall file a notice of appeal with the City Clerk within fourteen (14) days after service of the notice of the administrative decision concerned, or, if there is no such service or none is required, no later than fourteen (14) days after the date of the decision that is the subject of the appeal. (b) A written notice of appeal must contain the following information: (1) The full name, mailing address, e-mail address, and telephone number of the appellant; (2) A description of the specific action or decision being appealed, including the date of the action; and (3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy. (c) If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is incomplete, or if the notice of appeal does not comply with all of the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust administrative remedies. (§ 3, Ord. 3230, eff. January 19, 2023)

Upon receipt of the filing of the notice of appeal in proper form, the City Clerk shall place the matter as soon as reasonably possible on the Council agenda for a regular meeting of the City Council which will be held no later than thirty (30) days from the date of the filing of the notice of appeal. Except in cases of emergency when the Council may determine the matter immediately, the Council shall set the matter for hearing at the next regularly scheduled meeting. The City Clerk shall cause written notice of the hearing to be given to the applicant not less than ten (10) days prior to such hearing, unless such notice is waived in writing by the applicant. (§ 3, Ord. 3230, eff. January 19, 2023)

action appealed from should not be approved. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. The standard of proof applicable to the hearing is proof by a preponderance of the evidence. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter. (§ 3, Ord. 3230, eff. January 19, 2023)

Wherever the Ontario Municipal Code provides for collection of a citation, fee, fine, penalty, or reimbursement of costs by special assessment as allowed by Cal. Gov’t Code § 38773.5, § 53069.4, or § 54988, notice and hearing shall be as specified in this section. (a) Notice. The notice of assessment shall be served, by certified mail, to the property owner, if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records. The notice of assessment shall specify that the property may be sold after three or more years by the tax collector for unpaid delinquent assessments, in accordance with state law or San Bernardino county ordinance. The notice of assessment shall also provide that the person receiving the notice is entitled to request a hearing to contest the assessment as provided in § 1-4.05(b), so long as such request is received by the Code Enforcement Director within thirty (30) days after mailing the notice of assessment. (b) Hearing. Upon request by any person or entity entitled to notice pursuant to § 1-4.05(a) and if received by the Code Enforcement Director within thirty (30) days after mailing the notice of assessment, the City Manager or his or her designee shall hold a hearing, which shall be open to the public. The City Manager or his or her designee shall hear and consider objections and/or protests to the assessment itself or the amount of the assessment. The City Manager or his or her designee shall hear and receive all relevant evidence and testimony relative to the assessment of costs, fees, fines, or penalties. This hearing may be continued from time to time. Upon or after the conclusion of the hearing, the City Manager or his or her designee shall, based upon the evidence presented at the hearing, determine whether all or part of the abatement costs, fees, fines, or penalties shall be assessed against the affected parcel. The decision of the City Manager or his or her designee shall be provided either at the hearing or in writing to the person or entity requesting the appeal at the address provided in the request for appeal and shall be final. Any further appeals shall be in accord with Cal. Code of Civil Proc. §§ 1094.5 or 1094.6, and/or Cal. Gov’t Code § 53069.4, as applicable. (c) Resolution and assessment. If the City Manager or his or her designee determines that the property should be assessed, and the amount to be assessed has not been paid within thirty (30) days of the final decision, the City Council may approve the amount of the special assessment, as determined by the City Manager or his or her designee, by resolution, and cause the same to be recorded on the assessment roll. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and

the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to the special assessment. Notices or instruments relating to the abatement proceeding or special assessment may be recorded with the County Recorder. (§ 2, Ord. 2920, eff. May 20, 2010)

CHAPTER 5: ADMINISTRATIVE CITATIONS

CHAPTER 5: ADMINISTRATIVE CITATIONS

1-5.01 Applicability 1-5.02 Definitions 1-5.03 Administrative citation 1-5.04 Amount of fines 1-5.05 Payment of a fine 1-5.06 Initial review request 1-5.07 Hearing officer 1-5.08 Hearing procedure 1-5.09 Hearing officer's decision 1-5.10 Recovery of Code abatement costs 1-5.11 Right to judicial review 1-5.12 Advance deposit hardship waiver 1-5.13 Notices