City Council
MEETING DATE: 12/10/2014
TITLE:
Title
Ordinance Second Reading - Stay on Administrative Actions Pending Appeal
End
FROM:
Charles R. Green, City Attorney
Nicholas Hermsen, Deputy City Attorney
RECOMMENDATION:
Recommendation
Staff recommends that the City Council adopt and approve the second reading of the attached ordinance clarifying provisions of the Cathedral City Municipal Code ("Municipal Code") with respect to the stay on administrative actions pending appeal.
Body
BACKGROUND:
The proposed ordinance was introduced for first reading and approved by Council on November 12, 2014.
DISCUSSION:
The Municipal Code provides that when an alleged violator is issued an administrative citation or a notice of public nuisance and order to abate, the alleged violator has the right to file an administrative appeal of the adverse action. During the pendency of the appeal, the Municipal Code provides that "enforcementÂ…shall be stayed."
The intent of the stay on enforcement was to prevent the City from collecting the fine when no final determination has been made as to whether it should be collected or not. However, in a recent case a property owner asserted that the City was actually prohibited from continuing to enforce the underlying code section itself during the pendency of the appeal. This interpretation would result in a situation where a violator could effectively obtain carte blanche to continue maintaining a dangerous condition or other violation during an appeal without consequence. Such an interpretation would threaten the public health, safety and welfare.
This ordinance will revise two provisions of the Municipal Code to clarify that it is only the collection of fines that is stayed, and not any other enforcement of the Municipal Code, such as the issuance of additional notices and citations during the appeal period.
FISCAL IMPACT:
None
ATTACHMENTS:
Ordinance