Chapter 2.50 — ADMINISTRATIVE APPEALS BOARD

The definitions contained in this section shall govern the construction of this chapter.

"Administrative agency" means an organ of the city government other than the city council which under the direction of the city manager has responsibility for carrying out or enforcing the rules, regulations, and ordinances of the city, but not including boards and commissions of the city.

"Administrative officer" means an officer of the city who is not a member of the legislative body or appointed boards or commissions. Such officers include but are not limited to the city manager, chief of police, fire chief, director of planning and building, director of transportation, director of public works, or similar officer.

"Aggrieved person" means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.

"Appellant" means any aggrieved person directly affected by an action who files an appeal.

"Board" means the administrative appeals board.

"City" means the city of Palm Springs.

"Respondent" means the administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as respondent in an appeal. (Ord. 1529 § 1, 1996)

The board shall hear appeals on actions taken by an administrative officer or administrative agency of the city relating to ministerial enforcement of the provisions of this code. Such appeals shall include appeals of nuisance abatement orders, code enforcement orders, enforcement of any zoning or land use regulation, animal control orders, and similar matters. The board shall not have authority to hear appeals of any action taken by the city council or any other board or commission of the city, including but not limited to the rent review commission, board of building appeals. Specifically excepted from the board's jurisdiction are planning and zoning decisions and/or recommendations issued by the planning commission, including but not limited to, general plan amendments, specific plans, subdivision approvals, variances, conditional use permits, site plan approvals, architectural review, or similar land use matters. (Ord. 1529 § 1, 1996; Ord. 1995 § 4, 2019)

There is created within the city an administrative appeals board which shall consist of five members and two alternate members to be appointed in the manner prescribed in Section 2.04.060, to serve at the pleasure of the City Council. Any year(s) served as an alternate member will not counted in relation to the number years of continuous service allowed for regular administrative appeals board members pursuant to Section 2.06.010(g). (Ord. 1529 § 1, 1996; Ord. 1980 § 2, 2019)

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.50.040

§ 2.50.060

• (a) Except as otherwise specified with respect to alternate board members in Section 2.50.030, members of the administrative appeals board shall be appointed or removed in accordance with and shall be subject to all of the provisions of Chapter 2.06 of this Code, as that Chapter and its provisions may be amended from time to time.

• (b) The City Clerk shall ensure to the extent practicable, by recommendation to the City Council, that no more than two of the five administrative appeals board members shall commence or complete their terms at the same time.

• (c) In making appointments to the administrative appeals board, the City Council will bear in mind the nature of the board and the special expertise needed to exercise its function. The Council will endeavor to appoint as members persons with special expertise in providing due process in the conduct of hearings.

• (d) The Council shall appoint two alternate board members to ensure to the greatest extent practicable that the board may always take action, in accordance with Section 2.50.060(c), by a vote of a full quorum of the board, including alternate board members.

• (Ord. 1529 § 1, 1996; Ord. 1980 § 3, 2019)

• (a) The members of the board shall select officers in accordance with the provisions of Chapter 2.06 of the code. The chairman shall preside at all meetings of the board.

• (b) The city clerk or the clerk's designee shall serve as secretary to the board. The secretary shall be responsible for the making, keeping and preserving of all records of the board at City Hall, including minutes of meetings, and is designated as the official upon or with whom all notices, requests for hearing, complaints and other documents relating to this chapter shall be served and filed. The city manager may designate such other staff to serve the board as the city manager shall deem appropriate. The staff shall assist the board in the performance of the board's duties.

• (Ord. 1529 § 1, 1996)

• (a) The board shall meet in the City Hall at such time and day as the board may establish, as frequently as necessary to carry out the purposes of this chapter. The City Clerk shall, to the extent practicable, arrange the presence of all five board members and at least one alternate board member at each board meeting. In the event that more than one board member is unavailable to attend a board meeting, the City Clerk shall arrange for the presence of both alternate board members at the meeting in question. The board may, in an exercise of discretion, adopt such policies and procedures as it deems necessary and appropriate to provide for the participation of an alternative board member at a meeting, in lieu of a board member, when all five board members are present.

• (b) Three members of the board, including alternate board members, shall constitute a quorum. Any ruling, decision or other action of the board must be by vote of a full quorum of the board, including alternate board members.

• (c) It shall be the obligation of the members of the board to attend all meetings. If a member

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City of Palm Springs, CA § 2.50.060

PALM SPRINGS CODE

§ 2.50.080

absents himself or herself from three consecutive meetings, or from twenty-five percent of the duly scheduled meetings within any fiscal year, without having been excused from doing so by the board, the chair shall file a certification with the City Clerk that such absences have occurred, and the office of the absent board member shall thereupon automatically become vacant and shall be filled as any other vacancy.

• (d) The City Clerk shall not schedule a board unless five board members, including alternate board members, confirm their availability to attend the board meeting.

• (e) Notwithstanding any other provision of this Code, in the event that the City Clerk cannot schedule a timely meeting for the board to consider an appeal pursuant to Section 2.50.080(c), within forty-five days of the filing of the notice of that appeal, the meeting and the hearing on that appeal shall be timely, under this Chapter and for all purposes, if scheduled in accordance with this Section 2.50.060(e). The City Clerk shall schedule a board meeting for the hearing on any appeal not scheduled within forty-five days of the filing of the notice of that appeal, on one the three first three business days, after that fortyfifth day, when five board members, including alternate board members, are available to attend a board meeting.

• (Ord. 1529 § 1, 1996; Ord. 1980 § 4, 2019)

• (a) As provided by Section 2.50.020, the board shall hear all appeals in accordance with the procedures contained in Section 2.50.090.

• (b) The board is authorized to adopt resolutions and take all actions necessary and proper to carry out the functions of the board pursuant to this section and this chapter.

• (c) The board may request through the city manager information, services, facilities or any other assistance for the purpose of furthering the objectives of this chapter.

• (Ord. 1529 § 1, 1996)

• (a) A person aggrieved by an action taken by an administrative officer of the city as provided in Section 2.50.020 may appeal the action to the board by filing with the city clerk a written notice of appeal within ten days of the action. The notice of appeal shall set forth the appellant's full name and mailing address, the specific action appealed from, the grounds for the appeal and the relief sought; and shall include payment to the city clerk of the appeal fee, as established or amended time to time by resolution of the city council.

• (b) The notice required by subsection (a) of this section, shall be filed no later than ten days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing and/or none is required, no later than fifteen days following the date of the action which is the subject of the appeal. The city clerk shall furnish a copy of the appeal to the respondent within five days after filing.

• (c) The city clerk, upon receipt of the notice of appeal, shall set a time and place for the hearing of such appeal by the board. The appeal shall be heard no more than forty-five days following the filing of the notice of appeal unless the parties waive such time limits.

• (d) Notice of the time and place of the hearing shall be mailed or otherwise delivered by the

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.50.080

§ 2.50.090

city clerk to the appellant, respondent and all other persons, if any, to whom notice of the initial application or action was required, not less than ten days prior to the hearing. If publication of the initial application or action being appealed was required, the notice of appeal shall be published in similar manner.

• (e) After an appeal has been initiated, a cross-appeal may be brought by any person who would otherwise have had standing to appeal the subject action or decision. The cross-appellant shall file a written notice of cross-appeal with the city clerk stating cross-appellant's full name and mailing address, the specific action appealed from, the grounds for the crossappeal and the relief sought. Such notice shall be filed no later than five days prior to the hearing except for good cause shown to the satisfaction of the board. The failure to give notice of the hearing to any person who would qualify to file a cross-appeal shall not invalidate any action of the board.

• (f) Unless the notice of appeal names some other respondent, the administrative officer or administrative agency which took the action or made the decision being appealed shall be designated the "respondent."

• (Ord. 1529 § 1, 1996; Ord. 1679 § 8, 2005)

• (a) Three members shall constitute a quorum for the purpose of conducting a hearing on any appeal, provided that no board member may vote on the decision if absent from a part of the hearing unless such board member certifies that he or she listened to or read the transcript, if any, of the entire proceedings.

• (b) All hearings shall be open to the public.

• (c) In any hearing conducted by the board, it shall have the power to examine witnesses and compel their attendance for the production of evidence by subpoenas issued under the authority of the city council and attested by the city clerk. The chairman may issue subpoenas on behalf of the board under the authority of the city council. Subpoenas may also be issued at the request of the parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the city attorney that there is good cause for such subpoena to issue, and such subpoena is approved by the city council. It shall be the duty of the chief of police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the council in response to a subpoena issued by the council.

• (d) The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the board shall not be invalidated by any

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City of Palm Springs, CA § 2.50.090

PALM SPRINGS CODE

§ 2.50.110

informality in the proceedings, and the board shall not be bound by technical rules of evidence.

• (e) The presiding officer shall rule on the admission or exclusion of evidence with the assistance of the legal advisor to the board.

• (f) All parties shall have the right to be heard by the board either in person or by counsel.

• (g) No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the board.

• (h) The board shall determine relevancy, weight and credibility of testimony and evidence. It shall base its findings on the preponderance of the evidence.

• (i) The board, prior to or during a hearing, may grant a continuance for any reason it believes to be important to its reaching a fair and proper decision.

• (j) The board, after it concludes the hearing, may deliberate its decision in closed session if permitted by the Brown Act. Members of the board may request the attendance of the board's legal counsel to a discussion held in closed or open session solely for the purpose of rendering legal advice to the commission.

• (Ord. 1529 § 1, 1996)

• (a) The board shall render its decision in accordance with the provisions of this chapter.

• (b) The board shall render its decision consistent with applicable law and all ordinances of this city even in situations in which the board disagrees with the applicable law and/or ordinances. After rendering its decision, in any matter in which the board believes legislative changes are appropriate, the board may submit to the city council and appropriate administrative officer any recommendations that the law be changed.

• (c) The board's decision shall be in writing and shall set forth the board's findings of fact and conclusions.

• (d) The board shall render its decision within fifteen days following the conclusion of the hearing of the appeal. Upon finding good cause to do so, the board may extend the time for rendering its decision up to ninety days.

• (e) No later than five days following the rendering of the board's decision, the city clerk shall mail or otherwise deliver a copy of said decision to each party who appeared during the proceedings, or who requested to be furnished a copy of the decision. Failure of the city clerk to mail or deliver a copy of the decision to each party or to any party shall not affect the finality or effectiveness of the decision.

• (f) The board's decision shall constitute final administrative action and be effective on the date in which the decision is rendered.

• (Ord. 1529 § 1, 1996)

The board shall file with the city council a written report on each decision of the board not

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.50.110

§ 2.50.110

later than five days following the rendering of the board's decision. The disposition report shall include any recommendations to the administrative agency which the board believes are in order to assist the administrative agency in future enforcement actions. (Ord. 1529 § 1, 1996)

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City of Palm Springs, CA

ADMINISTRATION AND PERSONNEL

§ 2.55.010

§ 2.55.030