Sacramento Municipal Code Art. VII Right of Appeal and Appeal Procedure

A. The city shall notify the pedicab owner or pedicab driver that his or her pedicab driver permit or pedicab vehicle permit has been denied, suspended, modified, or revoked. The city manager shall also notify the pedicab owner or pedicab driver of the right to appeal the denial, suspension, modification, or revocation to the city manager. Any written appeal shall be filed in accordance with Section 5.94.280.

B. If no appeal is filed within the time allowed, the pedicab driver permit or pedicab vehicle permit shall be considered denied, suspended, modified, or revoked and the pedicab owner or pedicab driver shall immediately surrender any such permit to the city manager in the manner prescribed.

C. Once a timely appeal is filed, any suspension, modification, or revocation of a pedicab driver permit or pedicab vehicle permit shall be stayed pending the final determination by the hearing officer as set forth in this chapter, unless such permit has been immediately suspended pursuant to the chapter. (Ord. 2016-0020 § 1)

A. The pedicab owner or pedicab driver may appeal any notice to deny, suspend, modify, or revoke a pedicab driver permit or pedicab vehicle permit by filing with the city manager within ten (10) days from the date of service of a notice of denial, suspension, modification, or revocation, a written appeal containing:

1. A brief statement in ordinary and concise language of the specific order or 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 order or action should be reversed, modified, or otherwise set aside;

3. 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. Upon receipt of any appeal filed and the appeal fee pursuant to this section, the city manager shall transmit the appeal to the administrative hearing officer appointed for the purpose of hearing such appeal, who shall calendar it for hearing as soon as possible, but in no event later than thirty (30) days from the date the appeal was received without the express written consent of the appellant.

C. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to each appellant 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 his or her address shown on the appeal.

D. The city may collect and require an appeal fee to be paid at the time the written appeal notice is filed. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, administrative hearing officer compensation, preparation and service of notices and staff appearance in the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed provided that the city manager may waive or defer the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with this chapter, and other factors indicating good faith attempts to comply.

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.

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. Enforcement of any order of the city manager issued under this title shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, except for a suspension or revocation under Section 5.94.300(B). (Ord. 2016-0020 § 1)

A. At the time set for hearing, the administrative hearing officer shall proceed to hear the testimony of the city manager, the appellant(s) and other competent persons respecting the reasons for the denial, suspension, modification or revocation of the permit, and other relevant facts concerning the matter.

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

C. The administrative hearing officer may, upon request of either the appellant or the director, grant continuances from time to time for good cause shown, or upon his or her own motion.

D. The administrative hearing officer or designee shall administer the oath or affirmation.

E. The appellant may represent themselves, or be represented by anyone of their choice.

F. If the appellant does not proficiently speak or understand the English language, he or she may provide an interpreter, at the appellant's own cost, to translate for the appellant. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

G. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or any of its departments. (Ord. 2016-0020 § 1)

A. After hearing all the evidence, the administrative hearing officer shall issue a decision to sustain the appeal, affirm the decision of the city manager, or modify the decision of the city manager, which shall be in writing and issued within ten (10) days of the date of the hearing.

B. Upon issuance of the decision, the director shall serve a copy of the decision by mailing it to the appellant's address as listed in the appeal form.

C. The decision of the administrative hearing officer shall be final. (Ord. 2016-0020 § 1)

After any decision issued pursuant to this chapter shall have become final by failure to file a timely appeal or after administrative hearing officer's decision on appeal is rendered, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. (Ord. 2016-0020 § 1)