San Clemente Municipal Code Ch. 1.22 Fees for Administrative Hearings and Appeals

The purpose of this chapter is to establish a process for imposing and collecting costs associated with administrative hearings and administrative appeals authorized by the San Clemente Municipal Code.

(Ord. No. 1655, § 1, 5-15-2018; Ord. No. 1715, § 1, 7-20-2021)

A. .....Whenever an administrative hearing or administrative appeal is authorized under any provision of the Municipal Code, and except as otherwise provided by this Municipal Code or state law, the person requesting the hearing or appeal shall pay a hearing fee, if such a fee is established by City Council resolution, which shall be refunded if the person so requesting the hearing or appeal prevails in the hearing or appeal, as set forth in Subdivision B below.

B. .....As used in this section, the term "prevail" shall mean the decision or action of the City for which the hearing or appeal is requested is overturned or reversed in its entirety.

1. If the person requesting the hearing or appeal is successful in modifying only a portion of the City's decision or action, then the person requesting the hearing or appeal shall pay one-half of the hearing fees.

2. If challenges to multiple administrative citations are consolidated into one hearing pursuant to Section 1.20.080 C., and the person requesting the hearing is successful on one or more, but not all citations, then the person requesting the hearing shall pay one-half of the hearing fees.

(Ord. No. 1655, § 1, 5-15-2018; Ord. No. 1715, § 1, 7-20-2021)

A. .....The City-issued notice of violation or citation shall include the amount of the hearing or appeal fee, or within 10 business days of the receipt of a request for a hearing or appeal, the City shall notify the person requesting the hearing or appeal of the hearing fee. The person requesting the hearing or appeal shall deposit the estimated hearing fee with the City Clerk no later than 15 working days from the date of the City's notice of the hearing fee. If such hearing fee is not deposited by such time, the right to the hearing or appeal shall be deemed waived.

B. .....Advance deposit hardship waiver.

1. A person requesting the hearing or appeal who is financially unable to make the advance deposit of any applicable fine, hearing fee, or appeal fee may file a request for an advance deposit hardship waiver form, available from the City Clerk within 15 calendar days from the date of service of the notice of violation or citation. The Director of Finance, with the concurrence of the City Manager, shall be authorized to establish a reasonable policy, including criteria, for determining financial ability to pay the applicable fine and hearing or appeal fee.

2. The requirement of depositing the full amount of the fine, hearing fee, or appeal fee shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.

3. The Director of Finance may waive the requirement for advance deposit only if the filer submits to the Director evidence that shows to the Director's reasonable satisfaction that such party is financially unable to deposit the total amount of the fine, hearing fee, or appeal fee, or Hearing Officer costs in advance of the hearing.

4. If the Director of Finance determines not to issue an advance deposit hardship waiver, the filer shall remit the fine, hearing fee, or appeal fee to the City within five days of the date of that decision.

5. The Director of Finance shall provide his or her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the violator. The Director's decision shall be final.

(Ord. No. 1655, § 1, 5-15-2018; Ord. No. 1715, § 1, 7-20-2021)

A. .....In the event that the person requesting the administrative hearing or appeal prevails, the City shall refund the hearing fee, in its entirety, to such person within 15 working days of the date of the hearing decision.

B. .....In the event that the person requesting the administrative hearing or appeal is successful in modifying only a portion of the City's action or decision, the City shall refund one-half of the hearing fee to such person within 15 working days of the date of the hearing decision.

(Ord. No. 1655, § 1, 5-15-2018)