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HomeMy WebLinkAbout1169 - Adding and Amending City Code for Appeals to be Heard by a Hearing Officer111 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE TO PROVIDE FOR APPEALS FROM VARIOUS DECISIONS TO BE HEARD BY A HEARING OFFICER APPOINTED BY THE CITY COUNCIL ORDINANCE NO. i169 •SECTION ONE: It is ordained that the City Council of the City of Ukiah hereby amends §7030 to read as follows: The current Section 23 of Division 1, Chapter 1 of the Ukiah City Code is hereby renumbered Section 24. Section 23 of Division 1, Chapter 1 of the Ukiah City Code is amended to read as follows: .§23 HEARING OFFICER "Hearing Officer" means an individual appointed by the City Council to hear and decide appeals of certain decisions made by City officials and entities. "Hearing Officer" includes one or more persons appointed by the City Council to perform the role of Hearing Officer as provided in the Code. A hearing officer must be an attorney or must be otherwise qualified by training, education, or work experience to hear and decide appeals. A hearing officer must be impartial and must have no personal or business relationship with the City other than the contract with the City to perform the duties of the Hearing Officer. Unless otherwise provided in a state or federal law prescribing a shorter time period, judicial review of all decisions of the Hearing Officer must be filed in compliance with Code of Civil Procedure Section 1094.5 and within the time prescribed by Section 1094.6. 1 SECTION TWO: Section 2534 in Division 2, Chapter 5, Article 2 of the Ukiah City Code is hereby amended to read as follows: §2534 APPEALS Upon the payment of a fee established, from time to time, by resolution of the City Council, any interested party may appeal, to the Hearing Officer, a decision by the Director of Public Safety or his or her designee granting or denying an application for a permit under this Chapter. The appeal must be filed with the Director of Public Safety within ten (10) days of the date the permit or decision is delivered to the applicant. The Hearing Officer shall hear the appeal not sooner than ten (10) days from the date the appeal is filed. Notice of the hearing date, time and location shall be mailed to the appellant and the applicant at least five (5) days prior to the hearing. The Hearing Officer shall consider all evidence or argument presented at the hearing by any interested party and may grant or deny the application or impose such conditions on the issuance thereof as he or she deems appropriate and necessary to protect the public health, safety and welfare. The Hearing Officer shall personally deliver to the appellant and applicant or mail by first class mail to the address contained in the appeal a copy of his or her written decision. The decision shall be deemed delivered when personally served or when deposited in the United States mail with proper postage and address affixed thereto. The Hearing Officer's decision shall be deemed a final decision for the City. Section 2535 in Division 2, Chapter 5, Article 2 of the Ukiah City Code is hereby amended to read as follows: Page 1 of 12 §2535 SUSPENSION AND REVOCATION OF PERMIT A. Immediate Suspension: The Director of Public Safety may immediately suspend a permit issued under this Chapter, whenever he or she determines that the applicant cannot furnish satisfactory evidence of insurance as required by subsection 2533A3, fails to provide an annual certificate that the vehicle included on the permit has been inspected and approved by the Ukiah Police Department or its designee, or has operated a permitted vehicle in a manner that does not comply with safety requirements imposed by this Chapter or the California Vehicle Code. Any suspension under this subsection shall take effect immediately upon its issuance and shall remain in effect until the applicant provides such proof to the Director of Public Safety. 1. Immediately upon its issuance, the Director of Public Safety shall personally serve or mail by first class mail to the applicant a copy of the suspension decision which shall be deemed served when personally delivered to the applicant or deposited in the United States mail addressed to the applicant at his or her official address on file with the Director of Public Safety. It shall be unlawful and constitute a violation of this Chapter for any permittee to operate a vehicle requiring a permit under this Chapter during any period of time when a permit suspension is in effect. 2. A permittee may appeal a decision to suspend his or her permit in accordance with the procedure contained in § 2534. B. Grounds for Suspension or Revocation: The Director of Public Safety may suspend or revoke a permit for any of the following reasons: 1. Any misrepresentation or nondisclosure of a material fact by the applicant when applying for a permit; 2. Any of the reasons for denying a permit as set forth in §2533; 3. Any violation of this Chapter or a condition imposed upon the issuance of a permit under this Chapter; or 4. Any act in the operation of the business which poses a danger to the public health, safety or welfare. C. Service of Notice: The Director of Public Safety shall provide a permittee notice of his or her decision to suspend or revoke a permit under subsection B, including the grounds therefor and the facts supporting the decision, by arranging for personal service of the notice or by mailing the notice to the permittee at the address on file with the Director of Public Safety. The decision shall be deemed served when personally served or deposited in the United States mail. The decision shall become effective ten (10) days after it is served, unless the permittee files an appeal. Within ten (10) days of the service of the decision suspending or revoking the permit, the permittee may appeal the decision in accordance with the procedure contained in §2534. After hearing the appeal, the Hearing Officer may revoke the permit, reinstate the permit, suspend the permit or impose conditions on the permit as he or she deems necessary and appropriate to protect the public health, safety and welfare. Section 2580 in Division 2, Chapter 5, Article 5 of the Ukiah City Code is hereby amended to read as follows: §2580 DRIVERS' BADGES REQUIRED A. Badge Required: It shall be unlawful for any person to drive any vehicle for hire, taxicab, or sightseeing automobile within the City, except as provided in Section 2530 of this Chapter, without first having obtained a driver's badge from the Director of Public Safety or his or her designee. B. Application2: Within fifteen (15) days of receiving a completed application on a form approved by resolution of the City Council and all information required to be submitted with the form, the Director of Public Safety shall include the driver on the for hire vehicle permit issued pursuant to Section Page 2 of 12 1 2533 of this Chapter and issue a driver's badge as described by resolution of the City Council, unless he or she finds any of the following: 1. The applicant is under the age of eighteen (18); 2. The applicant does not possess a valid California driver's license of the class required for the vehicle he or she will operate; 3. The applicant is an undocumented or illegal alien; 4. The applicant tests positive for controlled substances or alcohol, where: a. "Controlled substance" means marijuana, cocaine, opiates, amphetamines and phencyclidine. b. "Tests positive" means: (1) With respect to alcohol, an alcohol screening test showing a breath alcohol concentration of 0.02 percent or more; and (2) With respect to a controlled substance means the cutoff levels for the initial and confirmatory tests as provided in 49 C.F.R. section 40.29 (e) and (f). C. All tests for alcohol and controlled substances shall be conducted by the applicant's employer in conformity with Appendix B to the City of Ukiah Drug and Alcohol Testing Policy for Employees with Commercial Driver's Licenses and 49 C.F.R. parts 40 (commencing with section 40.1) and 382. The employer must certify as part of the application that it has conducted the required tests and must report any positive test results to the Police Department as part of the application. Self-employed independent drivers shall provide a copy of the laboratory report of the test results directly to the Police Department. D. All controlled substance and alcohol test results shall be treated as confidential information and shall not be disclosed without the driver's consent, except as authorized or required by law. No evidence derived from positive test results shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. E. If a driver received a license based on a negative test result from another city or county within the State within a period of one year prior to the date of application, the applicant's employer or self- employed independent driver may submit the license or test result in lieu of a new test; provided, the test from the other jurisdiction was part of a controlled substance and alcohol testing certification program meeting the requirements of Government Code section 53075.5. F. If a license application is denied based on this Section, requirements for rehabilitation, reapplication, follow-up testing and other requirements shall be as provided in 49 C.F.R. part 382 (commencing with section 382.101). In other words, an applicant may be eligible for a driver's badge after referral to a substance abuse professional, compliance with a recommended rehabilitation program, follow- up random drug and/or controlled substance testing, and negative test results. All such conditions shall be set forth in writing by the Police Department as preconditions to obtaining and keeping a driver's badge issued subsequent to a positive test result. G. The driver and/or his or her employer shall pay all costs of testing and any referrals, rehabilitation counseling and follow-up testing that may be required. 1. Within five (5) years of the date of application, the applicant has been convicted by any state or Federal court of a crime (whether designated a felony, misdemeanor or infraction) involving serious or persistent and improper operation or maintenance of a motor vehicle, violence or the threatened use of violence or force, dishonesty, theft, destruction of property, pandering, sexual misconduct or the use, sale or possession of alcohol or controlled substances; Page 3 of 12 2. Within five (5) years of the date of application, the City or another jurisdiction has revoked a driver's permit required by this Chapter or a similar permit issued to the applicant; 3. Within five (5) years of the date of application, a state or Federal court judgment has been rendered against the applicant rendering him or her liable (other than vicariously or strictly liable) in money damages for personal injury or property damage or restraining him or her from acts of personal harassment, assault or battery; or 4. Within five (5) years of the date of application, the applicant has violated any provision of this Chapter or committed any other act which the Director of Public Safety determines creates a serious risk of harm to the public health, safety or welfare, if the permit is granted. H. Appeal of Denial: Any person whose application is denied shall have the right to appeal that decision to the Hearing Officer in accordance with the procedure provided in Section 2534 of this Chapter. Section 2581 in Division 2, Chapter 5, Article 5 of the Ukiah City Code is hereby amended to read as follows: §2581 SUSPENSION OR REVOCATION OF BADGES A. Immediate Suspension or Revocation: The Director of Public Safety may immediately suspend or revoke a driver's badge on any of the following grounds: 1. A suspension or revocation of his or her driver's license; 2. The driver caused a motor vehicle accident causing more than five hundred dollars ($500.00) in property damage or bodily injury or death; or 3. The Director receives notice that the driver is no longer covered by liability insurance; 4. The driver tests positive for alcohol or controlled substances during an annual recertification test. Annual recertification tests for controlled substances and alcohol shall be required on or after the anniversary date for each driver issued a driver's badge. The Police Department will issue a notice to the driver specifying the date, time and place of the annual recertification test. If the driver was subject to a test meeting the requirements of this Section within a period of one year from the date of recertification as part of a driver recertification program in another California city or county, the test from that other jurisdiction will satisfy the requirements of this subsection, unless the earlier test yielded a positive test result. In the event of an immediate suspension or revocation under subsection A of this Section the Director of Public Safety shall immediately provide the notice and opportunity for a hearing provided in subsection C of this Section, except that the suspension or revocation shall remain in effect unless or until reversed by decision of the Hearing Officer. It shall be unlawful and constitute a violation of this Chapter for any driver to operate a for hire motor vehicle after notice of the suspension or revocation has been given. B. Suspension or Revocation with Opportunity for Prior Notice and Opportunity for a Hearing: The Director of Public Safety may suspend or revoke a driver's badge with prior notice and opportunity for a hearing based on any of the following grounds: 1. Any misrepresentation or omission of a material fact on the application for the badge; 2. Any of the grounds for denying a badge as stated in Section 2580 of this Article; 3. Any violation of any provision of this Chapter; or 4. Any act which tends to endanger the public health or safety, if the driver is allowed to continue operating a vehicle for which a driver's badge is required. C. Procedure: Five (5) working days prior to the effective date of the suspension or revocation under subsection B of this Section, the Director of Public Safety shall serve a copy of a notice of suspension or revocation on the badge holder. The notice shall be personally served or sent by first Page 4 of 12 1 class mail to the address on file with the Director of Public Safety. The notice shall be deemed served when personally delivered to the badge holder or when deposited in the United States mail. The notice shall state the grounds for the suspension or revocation, the facts supporting the decision and the dates when the suspension will begin and end or the effective date of revocation. The notice shall inform the badge holder that the decision will not become effective, if he or she files with the Director of Public Safety an appeal of the decision prior to the effective date. The badge holder has no right of appeal unless he or she files the request for an appeal prior to the effective date of the suspension or revocation. The Hearing Officer shall hear the appeal in accordance with Section 2534 of this Chapter. After hearing the appeal, the Hearing Officer may suspend, revoke or impose conditions on the use of the badge and shall specify the effective dates of the suspension, revocation or conditions. Section 3406 in Division 3, Chapter 11 of the Ukiah City Code is hereby amended to read as follows: §3406 FAILURE TO VOLUNTARILY ABATE • if a nuisance is not properly abated within the period established under the provisions of section 3405 of this chapter, or if required permits are not properly secured, the Hearing Officer for the City shall hold a public hearing to determine if the declared nuisance should be abated under the police powers of the city. Section 3407 in Division 3, Chapter 11 of the Ukiah City Code is hereby amended to read as follows: §3407 NOTICE OF PUBLIC HEARING — REQUIRED A. A written notice of public hearing, substantially in the form contained in subsection B of this section, shall be served at least ten (10) days prior to the date set for the Hearing Officer public hearing. B. Service of the notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, addressed to the record owner and business owner at his or her or their address as it appears on the latest equalized assessment roll of Mendocino County, or as known to the city manager. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the premises. 1. in lieu of personally serving the owner or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows: a. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows: 1) by leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left; 2) by leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left. b. In the event the person entitled to service refuses to accept certified return receipt mail or cannot be personally serviced and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in subsection B1 a of this section upon the property manager or rental agency. c. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail. Page 5 of 12 d. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this section, service may be made by publication in a Mendocino County newspaper of general circulation, which is most likely to give actual notice of the order to the person. Service shall be deemed sufficient when it is accomplished pursuant to Government Code section 6063. e. The failure of any such person to receive such notice and order shall not affect the validity of any proceedings taken under this section. Service by certified mail or first class in the manner herein provided shall be effective on the date of mailing. Service by publication shall be effective on the date of first publication. Service by personal service shall be effective upon delivery. Service by substitute service shall be effective from the date the mailing a copy of the order after substitute service. Section 3408 in Division 3, Chapter 11 of the Ukiah City Code is hereby amended to read as follows: §3408 NOTICE OF PUBLIC HEARING — FORM Notice substantially in the following form shall be given: NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART Notice is hereby given that on (insert date) the Hearing Officer of the City of Ukiah will hold a public hearing at (insert place) to ascertain whether certain premises situated in the City of Ukiah, State of California, known and designated as (insert address or description) to constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 3402 and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such abatement, including removal of the nuisance, rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. Said alleged violations consist of the following: Said methods of abatement available are: All persons having any objection to, or interest in, said matters are hereby notified to attend a hearing before the Hearing Officer of the City to be held on (insert date and time) when their testimony and evidence will be heard and given due consideration. DATED (insert date) City Manager of the City of Ukiah Section 3410 in Division 3, Chapter 11 of the Ukiah City Code is hereby amended to read as follows: §3410 HEARING — PROCEEDINGS At the time and place stated in the notice of public hearing, the Hearing Officer shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance and to proposed abatement measures. The hearing may be continued from time to time. Section 3411 in Division 3, Chapter 11 of the Ukiah City Code is hereby amended to read as follows: Page 6 of 12 1 §3411 HEARING — DECISION A. Upon the evidence presented, the Hearing Officer shall determine whether the premises or any part thereof, as maintained, constitutes a nuisance within the meaning of section 3402 of this chapter. If the Hearing Officer finds that the same constitutes a nuisance, he or she shall order the same abated within a reasonable time, which time shall be determined by the Hearing Officer. B. The Hearing Officer's decision shall be by written order, which shall contain the findings of the Hearing Officer upon which such determination is based. If said nuisance is not abated within the time permitted by the Hearing Officer, the city manager/designee is authorized to enter upon the premises for the purposes of abating the same, as hereinafter provided. Section 3412 in Division 3, Chapter 11 of the Ukiah City Code is hereby amended to read as follows: §3412 TIME LIMITATION FOR FILING JUDICIAL ACTION Any aggrieved person who has exhausted all administrative remedies may bring any action to contest the Hearing Officer's decision, provided said action is filed with a court of competent jurisdiction. Such action shall be governed by the provisions of Code of Civil Procedure Sections 1094.5 and 1094.6. Any action filed later than the time required by Code of Civil Procedure Section 1094.6 shall be barred from further prosecution. Section 3413 in Division 3, Chapter 11 of the Ukiah City Code is hereby amended to read as follows: 111 1 §3413 SERVICE OF ABATEMENT ORDER Upon issuance of the Hearing Officer's written decision, the city manager/designee shall post a copy thereof conspicuously on the premises involved and shall serve a copy upon the record owner by first class mail and one copy shall be mailed to each of the following if known to the department head or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises. Section 3414 in Division 3, Chapter 11 of the Ukiah City Code is hereby amended to read as follows: §3414 ABATEMENT IN CONJUNCTION WITH ORDER The property owner, or person having charge or control of the property, may at his own expense, abate the nuisance as prescribed by the order of the Hearing Officer prior to the expiration of the abatement period set forth in the order. If the nuisance has been inspected by the city and had been abated in accordance with the order, proceedings shall be terminated. Section 4163 in Division 5, Chapter 1, Article 7 of the Ukiah City Code is hereby amended to read as follows: §4163 DENIAL, CANCELLATION OR REVOCATION OF A LICENSE OR PERMIT A. General Provisions: The Health Department or the Division of Animal Control may deny, revoke or cancel any permit or license issued pursuant to this Chapter in the following situations: 1. Whenever it is determined by inspection that any animal facility fails to meet any of the sanitary or health conditions or standards or any other requirements of any permit, license, this Chapter or applicable State law. Page 7 of 12 2. Whenever there is reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for the permit or license. 3. If the applicant or permit holder has been convicted by a court of law of two (2) or more violations in a twelve (12) month period of this Chapter or State laws relating to animals, or has been convicted of cruelty to animals in this or any other state within the previous five (5) years. For purposes of this Section, a bail forfeiture shall be deemed to be a conviction of the offense charged. B. Appeal Provisions: A denial, cancellation or revocation of a kennel license or permit shall become effective ten (10) days after written notice has been served in person or by certified mail by the issuing officer stating the grounds for such action. The grounds may include defective conditions or violations found to exist. The notice shall be served on the person owning, managing or operating the kennel. The aggrieved applicant, licensee or permittee has the right to an administrative hearing and review of this action. The aggrieved party must request the hearing by filing with the Division of Animal Control a written request for a hearing which states the reasons for appeal. The appeal shall be conducted by the Hearing Officer or Officers appointed by the City Council to hear and decide the appeal within five (5) business days of receipt of said notice. The appeal notice of a license or permit denial, cancellation or revocation shall be in a form as provided by the Finance Department and shall be filed with the Division of Animal Control. If an administrative hearing is requested, Animal Control shall immediately set a time, date and place for a hearing on said matter before the Hearing Officer. Said hearing shall be held not later than ten (10) days after the filing of the notice of appeal. Notice of the said hearing shall be given to the appellant in writing at the address shown in the notice of appeal. At the time, date and place set for said hearing, the Hearing Officer shall hold a hearing on the appeal. The aggrieved licensee, permittee or petitioner may appear in person and testify as to any matters relevant to the proceedings. The Health Department or the Division of Animal Control shall present all evidence, oral and documentary, justifying license or permit denial, cancellation or revocation. Technical rules of evidence shall not apply to said proceedings, and the Hearing Officer may hear and consider any evidence he or she deems relevant and upon which reasonable men would be likely to rely in the consideration of matters of a serious nature. The decision of the Hearing Officer shall be supported by the weight of the evidence presented. Upon conclusion of the hearing, the Hearing Officer shall determine whether to sustain or overrule the license or permit denial, cancellation or revocation action of the Animal Control Officer or the Health Department. The Hearing Officer's decision is final. If no appeal hearing is requested within the time limits specified, the license or permit denial, cancellation or revocation action shall be final. Section 4183 in Division 5, Chapter 1, Article 9 of the Ukiah City Code is hereby amended to read as follows: §4183 SUMMARY SEIZURE AND POST SEIZURE HEARING An Animal Control Officer may seize and impound an animal for violation of any provision of this ordinance or State law prior to a hearing in any of the following situations where the owner is not present and where the Officer believes if is necessary: A. To protect public health, safety and property; B. To protect an animal which is injured, sick, or starving and must be cared for; and Page 8 of 12 1 1 C. To protect an animal from injury which has strayed into public property or public right of way. D. Even when the owner is present where the animal has bitten a human being and the officer reasonably believes that the owner will remove the animal from the City before it has been quarantined as provided in §§4171 and 4172. The Animal Control Officer may quarantine the animal as provided in said Sections. If the owner or person who has the right to control the animal wishes to challenge the impoundment, he/she shall personally deliver or mail a written request for a hearing, such that it is received by Animal Control within seventy-two (72) hours of the seizure and impoundment. Animal Control upon receipt of a notice of appeal, shall immediately set a time, date and place for a hearing on said matter before the Hearing Officer appointed by the City Council to hear and decide such appeals. Said hearing shall be held not less than five (5), nor more than ten (10) days after the filing of the notice of appeal. Notice of such hearing shall immediately be given to the owner at the address shown in the notice of appeal. During the pendency of any appeal from an order of impoundment or abatement, the animal impounded may be maintained in the City impound facility or other approved facilities. The hearing shall be conducted as set forth in §4185 of this Article. Section 4184 in Division 5, Chapter 1, Article 9 of the Ukiah City Code is hereby amended to read as follows: I§4184 HEARING PRIOR TO ANIMAL DEPRIVATION Except as provided in §4182 of this Article, a peace officer, agents of the Department of Public Health and the Division of Animal Control may not seize or impound any animal, unless an appeal hearing is held as set forth in §4185 of this Article. If the owner or person who has a right to control an animal refuses to consent to an impoundment of his/her animal, the Animal Control Officer may issue a notice commanding the person to appear at a specified time before the Hearing Officer. Section 4185 in Division 5, Chapter 1, Article 9 of the Ukiah City Code is hereby amended to read as follows: §4185 APPEAL HEARING At the time, date and place set for said hearing, the Hearing Officer(s) shall hold a hearing at which time the aggrieved owner of the subject animal may appear and testify as to any matters relevant to the proceedings. The Animal Control Officer, County Health Officer, or police officer shall present all evidence, oral and documentary, justifying said order of seizure and impoundment or abatement. Each party may be represented and may call such witnesses as shall be necessary to present testimony on matters relevant to the hearing. Technical rules of evidence shall not apply to said proceedings, and the Hearing Officer(s) may hear and consider any evidence he or she deems relevant and upon which reasonable people would be likely to rely in the consideration of matters of a serious nature. The decision of the Hearing Officer(s) shall be supported by the weight of evidence. Upon conclusion of the hearing, the Hearing Officer(s) shall determine whether to sustain or overrule the IAnimal Control Officer, Health Department or Police Department's order of seizure and impoundment or abatement. Page 9 of 12 If the order of seizure and impoundment or abatement is not appealed or if such order is sustained after a hearing, the animal seized shall not be released to the owner until the owner pays all fees, charges or costs of the impounding and care for such animal, and said animal owner signs a written promise to control said animal and to prevent said animal from trespassing, howling, barking or making other noises, or causing damage to property, or being vicious or demonstrating that it is potentially vicious or in any manner causing a public nuisance. If all fees, charges, fines, and penalties are not paid or the written promise to abate is not filed with five (5) days of the date that said order of abatement becomes final, the animal impounded shall be placed in a suitable home or humanely destroyed by the impounding agency. If any seizure and impoundment or order of abatement is overruled by the Hearing Officer(s), the animal impounded shall be released forthwith and the City shall bear all costs and expenses of such impoundment. Nothing in this Section shall be deemed to exempt any owner from any fines or penalties imposed by failure to have such animal duly and properly licensed or registered. In the event any animal owner(s) is ordered to abate a nuisance and as a result of that order of abatement, said owner fails to take appropriate action which results in the animal constituting such nuisance being impounded and placed in a suitable home or humanely destroyed by the impounding agency, the Hearing Officer(s) may, if a kennel owner is at fault, order that no further kennel license or permit be issued to such kennel licensee or pursuant to this Chapter for any such period of time, not to exceed one year, as he, she or they may determine. Section 4206 in Division 5, Chapter 2 of the Ukiah City Code is hereby amended to read as follows: §4206 ADMINISTRATIVE HEARINGS In any case where an applicant for a permit, a permittee, or any other interested person is dissatisfied with any determination of the Health Department relative to the presence or absence of any of the conditions mentioned in §4202, or is aggrieved by any decision of the Health Department with respect to the issuance, modification or termination or refusal to issue, modify or terminate any permit required by this Chapter, such person may apply for a hearing before the Hearing Officer of the City. Such hearing shall be held within fifteen (15) days from the date of filing the application for hearing, unless continued at the request of the appellant. Notice of the time and place of hearing shall be given the appellant, and he shall be entitled to appear in person or by counsel and present evidence. In the event such a hearing is requested by other than an applicant or permittee, any applicant or permittee affected thereby shall be given the same notice and shall have the same rights to appear and present evidence as the person requesting the hearing. The Hearing Officer shall hear and consider evidence presented at such hearing, and shall decide the issue based upon the evidence presented. A decision must be rendered in writing by such Hearing Officer within ten (10) days from the date of hearing, and a copy of any such decision shall be furnished to the person requesting the hearing, and affected applicant or permittee, and any other interested person requesting the same. The decision may reverse, affirm or modify any action of the Health Department, and may provide such other determination as the Hearing Officer may deem appropriate. Section 7602 in Division 8, Chapter 8 of the Ukiah City Code is hereby amended to read as follows: §7602 DEFINITIONS Except where the context otherwise requires, the definitions given in this Section govern the construction of this Chapter: A. The term "vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. Page 10of12 1 1 1 B. The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. C. The term "public property" does not include highway. D. The term "owner of the land" means the owner of the land on which the vehicle or parts thereof, is located, as shown on the last equalized assessment roll. E. The term "owner of the vehicle" means the last registered owner and legal owner of record. Section 7610 in Division 8, Chapter 8 of the Ukiah City Code is hereby amended to read as follows: §7610 REQUEST FOR HEARING; HEARING UNNECESSARY Upon request by the owner of the vehicle or owner of the land received by the City Clerk or her designated representative within ten (10) days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the Hearing Officer for the City on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, said statement shall be construed as a request for hearing which does not require his presence. Notice of the hearing shall be mailed at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten (10) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. Section 7611 in Division 8, Chapter 8 of the Ukiah City Code is hereby amended to read as follows: §7611 HEARING All hearings under this Chapter shall be held before the Hearing Officer who shall hear all facts and testimony he or she deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The Hearing Officer shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The Hearing Officer may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this Chapter. He or she may delay the time for removal of the vehicle or parts thereof if, in his or her opinion, the circumstances justify it. At the conclusion of the public hearing, the Hearing Officer may find that a vehicle or parts thereof has been abandoned, wrecked, _dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of Ithe land and that he has not subsequently acquiesced in its presence, the Hearing Officer shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. If the owner of the land submits a sworn Page 11 of 12 written statement denying responsibility for the presence of the vehicle on his land but does not appear, he shall be notified, in writing, of the decision. SECTION THREE: 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on August 17, 2016 by the following roll call vote: AYES: Councilmembers Crane, Mulheren, Doble, Brown, and Mayor Scalmanini NOES: None ABSTAIN: None ABSENT: None Adopted on Sept . 7 , 2016, by the following roll call vote: AYES: Councilmembers Crane, Mulheren, Doble, and Mayor Scalmanini NOES: None ABSTAIN: None ABSENT: Councilmember Brown ATTEST: Kristine Lawler, City Clerk Page 12 of 12 Im J f f, Ste. =+ i'•J & en G. Scalmanini, Mayor 1