Modesto |
Code of Ordinances |
CODE OF ORDINANCES |
Title 1. GENERAL PROVISIONS |
Chapter 6. ADMINISTRATIVE REMEDIES |
§ 1-6.502. Procedures.
(a)
A person served with one of the following documents, orders or notices may file an appeal within twenty (20) calendar days from the service of the notice:
(1)
Any administrative notice and order;
(2)
An administrative citation; and
(3)
A letter from a Director indicating an intent to record a notice of violation.
(b)
A request for appeal shall be made in writing and filed with the City Clerk.
(c)
The written appeal request shall contain the following:
(1)
A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the penalty;
(2)
A brief statement, in ordinary and concise language, of the material facts which the appellant claims support his/her/its contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; and
(3)
An address which the appellant agrees notice of any additional proceedings or an order relating to the imposition of the administrative penalty may be received by first class mail.
(d)
As soon as practicable after receiving the written notice of appeal, a director shall request the City Manager or his or her designee to appoint an administrative hearing officer. The Director shall schedule a date, time and place for the hearing. A continuance of the hearing may be upon written request to the Director and upon a showing of good cause.
(e)
Written notice of the date, time and place of the hearing shall be served at least ten (10) calendar days prior to the date of the hearing. Notice of hearing shall be sent to the appellant by first class mail at the address provided with the written appeal request. The administrative hearing shall be set for an appeal hearing no sooner than twenty (20) days following a request for a hearing.
(Added by Ord. 3102-C.S., § 1, effective 11-26-98)