Sacramento Municipal Code Art. II Appointment of Hearing Officer-Waiver of Appeal Fees

The provisions contained in this chapter shall not apply to appeals from any decision or action taken by the planning and design commission or the preservation commission, or any appeal taken wherein the council is itself required by a statute of the state of California to conduct the appellate hearing. (Ord. 2012-004 § 3; Ord. 2006-065 § 1; prior code § 2.06.430)

In lieu of hearing any appeal filed pursuant to Section 1.24.010 of this chapter, the city council, upon making the determination set forth in Section 1.24.060(A) of this chapter, may cause the appeal to be heard by a hearing examiner designated by the council. This section shall not apply to any appeal to the city council from a decision or action taken by the planning and design commission or the preservation commission, or any appeal taken wherein the council is required by a statute of the state of California to conduct the appellate hearing itself. (Ord. 2012-004 § 4; Ord. 2006-065 § 2; prior code § 2.06.440)

A. A hearing officer may be appointed by the city council whenever, in its sole discretion, it determines from an examination of the notice of appeal that a hearing on the subject of the appeal may involve a lengthy fact finding process which could be more appropriately accommodated by a formal hearing before a hearing examiner. The appointment of a hearing examiner may be made at any time prior to the time that the city council commences a hearing on the matter under appeal and may be made with or without prior notice to the appellant. The time and place of the initial hearing before the hearing examiner shall be fixed by the city council.

B. The city council may by resolution delineate one or more categories of appeal which routinely involve a lengthy fact finding process, and instruct the city clerk to schedule such appeal hearings before a hearing examiner without further action of the city council. The resolution shall include criteria for the selection of a hearing examiner. The city clerk shall inform the city council of each hearing scheduled pursuant to this subsection.

C. The city council may, at any time before a hearing examiner commences a hearing on a matter under appeal, with or without prior notice to the appellant, by motion rescind the appointment of the hearing examiner and schedule the matter under appeal for hearing before the council. (Prior code § 2.06.450)

A hearing examiner appointed pursuant to Section 1.24.050 of this chapter shall have all the rights, duties, powers and privileges that would be vested in the city council if the council were conducting the hearing itself; provided, however, a hearing examiner shall have no power to declare an ordinance unenforceable or unconstitutional. The examiner's decision shall be based upon the criteria specified by ordinance or by law, that would have governed the decision of the city council, and may include any condition that might have been lawfully imposed by the city council. The hearing before the hearing examiner shall be de nova. (Prior code § 2.06.460)

The city council may adopt rules of procedure governing the manner in which appeals are heard by hearing examiners. In the absence of such rules, the hearing examiner shall follow, as nearly as practicable, the procedures that the city council would have followed in conducting the hearing if it had not appointed the hearing examiner to do so. (Prior code § 2.06.470)

A decision of a hearing examiner appointed pursuant to Section 1.24.050 of this chapter shall be final and no appeal may be taken thereon to the city council. (Prior code § 2.06.480)

A. Except as provided in Section 1.24.040 of this chapter, the city clerk may waive the fee required for filing an appeal as specified in Section 1.24.010 of this chapter or in any other applicable city code section if the appellant meets the requirements of this section.

B. The party seeking the fee waiver must be the real, and not nominal, party in interest, and the appellant shall not be granted a waiver if there are any interested parties financially capable of paying the fee. No person shall be granted more than one waiver per six months.

C. Subject to the limitations of subsection B of this section, waiver of the fee shall be granted by the city clerk if the applicant declares under penalty of perjury and the city clerk determines that the applicant is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 through 12205.2 of the Welfare and Institutions Code), the Aid to Families with Dependent Children (AFDC) program (42 United States Code 601 through 644), the Food Stamp program (7 United States Code 2011 through 2027) or Section 17000 of the Welfare and Institutions Code or the appellant declares under penalty of perjury that their monthly income is one hundred twenty-five (125) percent or less of the current monthly poverty threshold annually established by the Community Services Administration pursuant to Section 625 of the Economic Opportunity Act of 1964, as amended.

In addition the city clerk may waive the appeal fee if: (1) the applicant has declared under penalty of perjury that the appellant cannot pay the appeal fee without using money needed for the common necessities of life; and (2) the city clerk determines that the statements in the declaration are true. The clerk may require the appellant to furnish such financial information as the clerk deems necessary to make a decision.

The decision of the city clerk on the fees waiver shall be final and conclusive and there shall be no appeal to a city body or official from said decision.

D. An appellant desiring waiver of an appeal fee shall apply for the waiver at the same time as the appeal is filed. Said appellant shall furnish within two working days, the information requested by the city clerk to substantiate the waiver request. If the information requested is not furnished within said two working days, the city clerk may deny the fee waiver request. After an appellant requests waiver of the appeal fee, the applicable dates or time periods for hearing the appeal shall be tolled until the city clerk decides the fee waiver request.

E. Any person who willfully provides the city clerk with false statements of material facts is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment of a period of not more than six months, or by both such fine and imprisonment. (Prior code § 2.06.490)