The definitions contained in this section shall govern the construction
of this chapter.
means an organ of the city government other than the city
council which under the direction of the city manager has responsibility
for carrying out or enforcing the rules, regulations, and ordinances
of the city, but not including boards and commissions of the city.
means an officer of the city who is not a member of the legislative
body or appointed boards or commissions. Such officers include but
are not limited to the city manager, chief of police, fire chief,
director of planning and building, director of transportation, director
of public works, or similar officer.
means any person whose personal, pecuniary or property right
or interest is directly and adversely affected, or upon whom a substantial
burden or obligation is imposed by the action or decision appealed
from.
means any aggrieved person directly affected by an action
who files an appeal.
means the administrative appeals board.
means the city of Palm Springs.
means the administrative officer or agency which took the
action appealed from, and any other administrative officer or agency
named as respondent in an appeal.
(Ord. 1529 § 1, 1996)
The board shall hear appeals on actions taken by an administrative
officer or administrative agency of the city relating to ministerial
enforcement of the provisions of this code. Such appeals shall include
appeals of nuisance abatement orders, code enforcement orders, enforcement
of any zoning or land use regulation, animal control orders, and similar
matters. The board shall not have authority to hear appeals of any
action taken by the city council or any other board or commission
of the city, including but not limited to the rent review commission,
board of building appeals. Specifically excepted from the board's
jurisdiction are planning and zoning decisions and/or recommendations
issued by the planning commission, including but not limited to, general
plan amendments, specific plans, subdivision approvals, variances,
conditional use permits, site plan approvals, architectural review,
or similar land use matters.
(Ord. 1529 § 1, 1996; Ord. 1995 § 4, 2019)
There is created within the city an administrative appeals board which shall consist of five members and two alternate members to be appointed in the manner prescribed in Section 2.04.060, to serve at the pleasure of the City Council. Any year(s) served as an alternate member will not counted in relation to the number years of continuous service allowed for regular administrative appeals board members pursuant to Section 2.06.010(g).
(Ord. 1529 § 1, 1996; Ord. 1980 § 2, 2019)
(a)
Except as otherwise specified with respect to alternate board members in Section 2.50.030, members of the administrative appeals board shall be appointed or removed in accordance with and shall be subject to all of the provisions of Chapter 2.06 of this Code, as that Chapter and its provisions may be amended from time to time.
(b)
The
City Clerk shall ensure to the extent practicable, by recommendation
to the City Council, that no more than two of the five administrative
appeals board members shall commence or complete their terms at the
same time.
(c)
In
making appointments to the administrative appeals board, the City
Council will bear in mind the nature of the board and the special
expertise needed to exercise its function. The Council will endeavor
to appoint as members persons with special expertise in providing
due process in the conduct of hearings.
(d)
The Council shall appoint two alternate board members to ensure to the greatest extent practicable that the board may always take action, in accordance with Section 2.50.060(c), by a vote of a full quorum of the board, including alternate board members.
(Ord. 1529 § 1, 1996; Ord. 1980 § 3, 2019)
(a)
The members of the board shall select officers in accordance with the provisions of Chapter 2.06 of the code. The chairman shall preside at all meetings of the board.
(b)
The
city clerk or the clerk's designee shall serve as secretary to the
board. The secretary shall be responsible for the making, keeping
and preserving of all records of the board at City Hall, including
minutes of meetings, and is designated as the official upon or with
whom all notices, requests for hearing, complaints and other documents
relating to this chapter shall be served and filed. The city manager
may designate such other staff to serve the board as the city manager
shall deem appropriate. The staff shall assist the board in the performance
of the board's duties.
(Ord. 1529 § 1, 1996)
(a)
The
board shall meet in the City Hall at such time and day as the board
may establish, as frequently as necessary to carry out the purposes
of this chapter. The City Clerk shall, to the extent practicable,
arrange the presence of all five board members and at least one alternate
board member at each board meeting. In the event that more than one
board member is unavailable to attend a board meeting, the City Clerk
shall arrange for the presence of both alternate board members at
the meeting in question. The board may, in an exercise of discretion,
adopt such policies and procedures as it deems necessary and appropriate
to provide for the participation of an alternative board member at
a meeting, in lieu of a board member, when all five board members
are present.
(b)
Three
members of the board, including alternate board members, shall constitute
a quorum. Any ruling, decision or other action of the board must be
by vote of a full quorum of the board, including alternate board members.
(c)
It
shall be the obligation of the members of the board to attend all
meetings. If a member absents himself or herself from three consecutive
meetings, or from twenty-five percent of the duly scheduled meetings
within any fiscal year, without having been excused from doing so
by the board, the chair shall file a certification with the City Clerk
that such absences have occurred, and the office of the absent board
member shall thereupon automatically become vacant and shall be filled
as any other vacancy.
(d)
The
City Clerk shall not schedule a board unless five board members, including
alternate board members, confirm their availability to attend the
board meeting.
(e)
Notwithstanding any other provision of this Code, in the event that the City Clerk cannot schedule a timely meeting for the board to consider an appeal pursuant to Section 2.50.080(c), within forty-five days of the filing of the notice of that appeal, the meeting and the hearing on that appeal shall be timely, under this Chapter and for all purposes, if scheduled in accordance with this Section 2.50.060(e). The City Clerk shall schedule a board meeting for the hearing on any appeal not scheduled within forty-five days of the filing of the notice of that appeal, on one the three first three business days, after that forty-fifth day, when five board members, including alternate board members, are available to attend a board meeting.
(Ord. 1529 § 1, 1996; Ord. 1980 § 4, 2019)
(b)
The
board is authorized to adopt resolutions and take all actions necessary
and proper to carry out the functions of the board pursuant to this
section and this chapter.
(c)
The
board may request through the city manager information, services,
facilities or any other assistance for the purpose of furthering the
objectives of this chapter.
(Ord. 1529 § 1, 1996)
(a)
A person aggrieved by an action taken by an administrative officer of the city as provided in Section 2.50.020 may appeal the action to the board by filing with the city clerk a written notice of appeal within ten days of the action. The notice of appeal shall set forth the appellant's full name and mailing address, the specific action appealed from, the grounds for the appeal and the relief sought; and shall include payment to the city clerk of the appeal fee, as established or amended time to time by resolution of the city council.
(b)
The notice required by subsection (a) of this section, shall be filed no later than ten days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing and/or none is required, no later than fifteen days following the date of the action which is the subject of the appeal. The city clerk shall furnish a copy of the appeal to the respondent within five days after filing.
(c)
The
city clerk, upon receipt of the notice of appeal, shall set a time
and place for the hearing of such appeal by the board. The appeal
shall be heard no more than forty-five days following the filing of
the notice of appeal unless the parties waive such time limits.
(d)
Notice
of the time and place of the hearing shall be mailed or otherwise
delivered by the city clerk to the appellant, respondent and all other
persons, if any, to whom notice of the initial application or action
was required, not less than ten days prior to the hearing. If publication
of the initial application or action being appealed was required,
the notice of appeal shall be published in similar manner.
(e)
After
an appeal has been initiated, a cross-appeal may be brought by any
person who would otherwise have had standing to appeal the subject
action or decision. The cross-appellant shall file a written notice
of cross-appeal with the city clerk stating cross-appellant's full
name and mailing address, the specific action appealed from, the grounds
for the cross-appeal and the relief sought. Such notice shall be filed
no later than five days prior to the hearing except for good cause
shown to the satisfaction of the board. The failure to give notice
of the hearing to any person who would qualify to file a cross-appeal
shall not invalidate any action of the board.
(f)
Unless
the notice of appeal names some other respondent, the administrative
officer or administrative agency which took the action or made the
decision being appealed shall be designated the "respondent."
(Ord. 1529 § 1, 1996; Ord. 1679 § 8, 2005)
(a)
Three
members shall constitute a quorum for the purpose of conducting a
hearing on any appeal, provided that no board member may vote on the
decision if absent from a part of the hearing unless such board member
certifies that he or she listened to or read the transcript, if any,
of the entire proceedings.
(b)
All
hearings shall be open to the public.
(c)
In
any hearing conducted by the board, it shall have the power to examine
witnesses and compel their attendance for the production of evidence
by subpoenas issued under the authority of the city council and attested
by the city clerk. The chairman may issue subpoenas on behalf of the
board under the authority of the city council. Subpoenas may also
be issued at the request of the parties prior to the commencement
of such hearing. No subpoena may be issued for any reason without
the concurrence of the city attorney that there is good cause for
such subpoena to issue, and such subpoena is approved by the city
council. It shall be the duty of the chief of police to cause all
such subpoenas to be served, and the refusal of a person to attend
or to testify in answer to such a subpoena shall subject the person
to prosecution in the same manner set forth by law for failure to
appear before the council in response to a subpoena issued by the
council.
(d)
The
hearing need not be conducted in accordance with the technical rules
relating to evidence and witnesses, but hearings shall be conducted
in a manner most conducive to determination of the truth. Any relevant
evidence shall be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious
affairs, regardless of the existence of any common law or statutory
rules which might make improper the admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the purpose
of supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be admissible
over objection in civil actions. The rules of privilege shall be effective
to the same extent that they are now or hereafter may be recognized
in civil actions, and irrelevant and unduly repetitious evidence may
be excluded. Decisions made by the board shall not be invalidated
by any informality in the proceedings, and the board shall not be
bound by technical rules of evidence.
(e)
The
presiding officer shall rule on the admission or exclusion of evidence
with the assistance of the legal advisor to the board.
(f)
All
parties shall have the right to be heard by the board either in person
or by counsel.
(g)
No
party shall have the right to cross-examine any other party or witness
except for good cause shown to the satisfaction of the board.
(h)
The
board shall determine relevancy, weight and credibility of testimony
and evidence. It shall base its findings on the preponderance of the
evidence.
(i)
The
board, prior to or during a hearing, may grant a continuance for any
reason it believes to be important to its reaching a fair and proper
decision.
(j)
The
board, after it concludes the hearing, may deliberate its decision
in closed session if permitted by the Brown Act. Members of the board
may request the attendance of the board's legal counsel to a discussion
held in closed or open session solely for the purpose of rendering
legal advice to the commission.
(Ord. 1529 § 1, 1996)
(a)
The
board shall render its decision in accordance with the provisions
of this chapter.
(b)
The
board shall render its decision consistent with applicable law and
all ordinances of this city even in situations in which the board
disagrees with the applicable law and/or ordinances. After rendering
its decision, in any matter in which the board believes legislative
changes are appropriate, the board may submit to the city council
and appropriate administrative officer any recommendations that the
law be changed.
(c)
The
board's decision shall be in writing and shall set forth the board's
findings of fact and conclusions.
(d)
The
board shall render its decision within fifteen days following the
conclusion of the hearing of the appeal. Upon finding good cause to
do so, the board may extend the time for rendering its decision up
to ninety days.
(e)
No
later than five days following the rendering of the board's decision,
the city clerk shall mail or otherwise deliver a copy of said decision
to each party who appeared during the proceedings, or who requested
to be furnished a copy of the decision. Failure of the city clerk
to mail or deliver a copy of the decision to each party or to any
party shall not affect the finality or effectiveness of the decision.
(f)
The
board's decision shall constitute final administrative action and
be effective on the date in which the decision is rendered.
(Ord. 1529 § 1, 1996)
The board shall file with the city council a written report
on each decision of the board not later than five days following the
rendering of the board's decision. The disposition report shall include
any recommendations to the administrative agency which the board believes
are in order to assist the administrative agency in future enforcement
actions.
(Ord. 1529 § 1, 1996)
