Sacramento Municipal Code Art. IV Suspension, Revocation, and Modification of Permits

The city manager may suspend, revoke, or modify any shared-rideable business permit issued pursuant to this chapter on any of the following grounds:

A. That the permitted shared-rideable business is being operated in a manner that constitutes a nuisance, or is injurious to the public, health, safety, or welfare;

B. The operation of the shared-rideable business violates any condition of the permit or city approved application and plans;

C. The shared-rideable business fails to pay any fines, penalties, fees or damages lawfully assessed upon it;

D. The shared-rideable business violates any provision of this chapter or any other applicable law;

E. The shared-rideable business fails to collect its shared-rideable from the city within 30 calendar days of receiving written notice from the city of impoundment pursuant to section 5.18.400;

F. The shared-rideable business engages in anti-competitive behavior toward another shared-rideable business, including falsifying data, moving devices, or sabotaging devices;

G. The shared-rideable business violates any administrative procedure adopted by the city manager for the regulation of shared-rideable businesses;

H. Circumstances that would have been grounds for denial of the permit application; or

I. The shared-rideable business fails to notify the city of any changes to the shared rideable business's ownership, corporate structure, or business model. (Ord. 2021-0025 § 9; Ord. 2019-0007 § 1; Ord. 2018-0006 § 1)

A. Any applicant or shared-rideable operator aggrieved by the decision of the city manager, to deny, suspend, modify, or revoke a permit or impose conditions on the permit, may appeal the decision to a hearing examiner by submitting a written appeal to the city manager within 10 calendar days from the date of service of the notice of denial, suspension, modification, or revocation. The written appeal shall contain:

1. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant;

2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;

3. The signatures of all appellants and their official mailing addresses; and

4. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

B. The appeal hearing shall be conducted by a hearing examiner appointed pursuant to section 5.18.350.

C. Upon receipt of any appeal filed pursuant to this section, the city manager shall transmit the appeal to the secretary of the hearing examiner who shall calendar it for hearing as follows:

1. If the appeal is received by the city manager not later than 15 calendar days prior to the next regular appeal hearing, it shall be calendared for hearing at said meeting.

2. If the appeal is received by the city manager on a date fewer than 15 calendar days prior to the next appeal hearing, it shall be calendared for the next subsequent appeal hearing.

D. Written notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

E. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and order, or any portion thereof.

F. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

G. The hearing examiner shall have the authority to issue subpoenas compelling witnesses to appear and provide testimony or subpoena duces tecum compelling witnesses to produce documents. The hearing examiner shall issue a subpoena only upon a showing of reasonable necessity by the requesting party. Failure of either party to comply with any subpoena may be considered by the hearing examiner in making a decision regarding the imposition of administrative penalties.

H. In the case of a suspension, modification, or revocation, the shared-rideable operator shall suspend its shared-rideable business operations until a final decision is rendered on the appeal. (Ord. 2019-0007 § 1; Ord. 2018-0006 § 1)

A. At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the city manager, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in the notice of appeal.

B. The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.

C. The hearing examiner may, upon request of the appellant or upon request of the city manager, grant continuances from time to time for good cause shown, or upon his or her own motion.

D. In any proceedings under this chapter, the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. (Ord. 2019-0007 § 1; Ord. 2018-0006 § 1)

A. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. California Government Code section 11513, subsections (a), (b) and (c) shall apply to hearings under this chapter.

B. Oral evidence shall be taken only upon oath or affirmation.

C. Irrelevant and unduly repetitious evidence shall be excluded.

D. Each party shall have these rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence presented against the party; and

6. To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.

E. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments. (Ord. 2019-0007 § 1; Ord. 2018-0006 § 1)

A. If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing examiner shall affirm the city manager's decision to deny, suspend, modify, or revoke the permit. The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented.

B. The decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure section 1094.6. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision shall be final when signed by the hearing examiner and served as provided in this section. (Ord. 2019-0007 § 1; Ord. 2018-0006 § 1)

In order to hear cases brought by the city manager under the provisions of this chapter, the city council shall appoint a panel of hearing examiners, from which one hearing examiner on a rotating basis shall hear cases brought under this chapter. Such examiners shall serve at the pleasure of the city council. A hearing examiner may not be a city employee. (Ord. 2019-0007 § 1; Ord. 2018-0006 § 1)