Title
RESOLUTION AMENDING THE DIRECTORY OF CITY FEES AND CHARGES TO MODIFY ADMINISTRATIVE HEARING DOCKET FEE
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Summary and Background Information:
The City Code (3-2004(d)) requires payment of an administrative hearing docket fee with any protest seeking a hearing officer's review of a "notice of violation" issued to address a civil violation of the City Code. The City Council establishes the fee, which is currently set at $25 through Section 21 of the City's fee director. In addition, persons who appeal notices of violation and are not successful on appeal are subject to additional costs, including a $30 fee for City costs and hearing costs of $145/hour, assessed in 10-minute increments. Additional costs may apply related to fines, late payments, abatement, and subpoenas.
At the February 1, 2021, meeting, the City Council unanimously approved a request to prepare a resolution removing the docket fee.
To accomplish the City Council's request, without amending the City Code that requires a fee, Resolution 2021-36 reduces the docket fee to $0. To avoid abuse and to ensure the efficiency of the system, staff recommends that the fee remain for any person who has previously abused the hearing system by failing to pay costs, fees, or penalties following an appeal hearing. This provision can be removed by an amendment to the resolution to remove the asterisk and related language.
If approved, protest hearing costs to account for hearing officer costs and other staff costs would still apply.
Financial impact: The City would absorb costs of docketing.
Staff Recommendation: Approval.
Staff Responsible (Department Head): Jason Rogers, Community Development Director
Staff Member Available: Tricia Mason, Community Development Manager
Suggested Motion: I move to approve Resolution 2021-36.