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TO: The Mayor and City Council
FROM: Jessica L. Kalal
Assistant Corporation Counsel
DATE: May 22, 2020
SUBJECT:
Consolidation and reorganization of the City's administrative hearing program
PURPOSE:
To establish a unified framework of rules and procedures for the City's administrative hearings, including provisions allowing the hearings to be conducted remotely in light of the COVID-19 pandemic. Adopting this ordinance will allow for a uniform set of procedures to govern all administrative hearings within the City.
BACKGROUND:
Currently, numerous provisions of the City Code call for administrative hearings as the means for adjudicating alleged violations of the Code. Despite the City's frequent use of administrative hearings, there are currently no uniform procedures or parameters set forth within the Code. Additionally, due to the COVID-19 pandemic, allowing the administrative hearings to be conducted remotely when appropriate will provide for a more streamlined, efficient process that is relevant to the current circumstances. The proposed Chapter 3 includes language that makes remote participation possible.
DISCUSSION:
The proposed new Chapter 3 will provide a specific process for nearly all administrative hearings within the City, however hearings involving licenses or permits issued under Chapter 6, the International Building Code model code prepared by the International Code Council, and the National Electrical Code prepared by the National Fire Protection Association that the city has adopted by reference and locally amended will continue to follow their own procedures.
This will benefit both the public and City staff in that the guidelines for administrative hearings are clear and set forth in the City Code. In addition to setting forth clear procedures and guidelines, Chapter 3 will allow for administrative hearings to be conducted remotely, which not only eases the burden on City staff and respondents, but will function as an addi...
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