Sacramento Municipal Code Art. IV Administrative Appeal of Fees and Charges

For purposes of this article, the following definitions shall apply:

"City manager" means the city manager or the manager's designee. (Ord. 2010-036 § 1)

A. In the case of a fee or charge which by law may not exceed the estimated reasonable cost of providing the service for which it is imposed, any person or entity who contends that a fee or charge imposed upon the person or entity by or on behalf of the city exceeds the estimated reasonable cost of providing the service for which the fee or charge is imposed, may appeal the fee or charge, or the amount thereof, according to the procedure set forth in this article.

B. The administrative hearing available under this article is intended to be an informal proceeding. Discovery shall not be permitted and the hearing need not be conducted according to technical rules relating to evidence and witnesses. The procedure set forth in this article shall not apply to fees or charges for which a different appeal procedure has been established by state law or city ordinance or resolution.

C. For fees and charges to which this article applies, failure to appeal as permitted by this article shall constitute a failure to exhaust available administrative remedies, and shall bar any further or other review or appeal. (Ord. 2010-036 § 1; prior code § 1.24.800)

Any person or entity desiring to assert an appeal pursuant to this article shall first pay the full amount of the disputed fee or charge to the city, which may be paid under protest. A written appeal including the grounds for the appeal and any written material which will be used to support the appeal, shall be filed with the city clerk not later than fifteen (15) calendar days after payment of the disputed fee or charge. The appeal shall be heard by the city manager. (Ord. 2010-036 § 1; prior code § 2.08.810)

A. The city manager shall schedule a hearing with no less than ten (10) calendar days written notice to the appellant. The hearing shall be held within sixty (60) calendar days after the date the appeal is filed with the city clerk, unless it is postponed pursuant to Section 1.24.150 of this chapter. The appellant and any representative of the appellant may attend the hearing and may present any evidence relevant to the appeal. The city manager shall decide the appeal considering evidence from the appellant, from the city department imposing the fee or charge, and from other persons who may have personal knowledge of relevant information concerning the fee or charge. The proceedings shall be recorded.

B. The appellant shall have the initial burden to establish a prima facie case that the fee or charge exceeds the estimated reasonable cost of providing the service for which it is imposed. In those cases where the appellant establishes a prima facie case, the burden shall shift to the city to establish by a preponderance of the evidence that the fee or charge does not exceed the estimated reasonable cost of providing the service for which it is imposed.

C. Written notice of the city manager's decision on the appeal after hearing shall be mailed to the appellant within thirty (30) days after the hearing. The decision of the city manager shall be the final and conclusive administrative remedy. (Ord. 2010-036 § 1; prior code § 2.08.820)

Either the appellant or the city department imposing the fee or charge may request a postponement of the hearing for good cause. The request shall be submitted to the city manager in writing for decision. Good cause shall include (without limitation) the ground that data necessary to determine the estimated reasonable cost of the service is not yet available. In such cases, the hearing may be postponed until after the service has been provided or to another appropriate time. (Ord. 2010-036 § 1; prior code § 2.08.830)

To challenge the city manager's decision in court, the appellant must first present a claim to the city in accordance with Section 3.04.070 of this code. The claim must be presented within one year of when the appeal is denied. (Ord. 2010-036 § 1; prior code § 2.08.840)